Agenda and minutes

Development Management - Thursday, 10th January, 2019 7.00 pm

Venue: Council Chamber, The Forum. View directions

Contact: Corporate and Democratic Support  01442 228209

Items
No. Item

141.

Minutes

To confirm the minutes of the previous meeting (these are circulated separately)

Minutes:

The minutes of the meeting held on 13 December 2018 were confirmed by the Members present and were then signed by the Chairman.

 

An addendum to the agenda was circulated before the meeting.  A copy of the addendum can be found on the DBC website on the following link:

 

https://democracy.dacorum.gov.uk/documents/b6615/Addendum%2010th-Jan-2019%2019.00%20Development%20Management.pdf?T=9

 

142.

Apologies for absence

To receive any apologies for absence

Minutes:

Apologies of absence were received from Councillor Fisher.

 

143.

Declarations of Interest

To receive any declarations of interest

 

A member with a disclosable pecuniary interest or a personal interest in a matter who attends

a meeting of the authority at which the matter is considered -

 

(i)            must disclose the interest at the start of the meeting or when the interest

becomes apparent and, if the interest is a disclosable pecuniary interest, or a personal
interest which is also prejudicial

(ii)           may not participate in any discussion or vote on the matter (and must withdraw

to the public seating area) unless they have been granted a dispensation.

A member who discloses at a meeting a disclosable pecuniary interest which is not registered in the Members’ Register of Interests, or is not the subject of a pending notification, must notify the Monitoring Officer of the interest within 28 days of the disclosure.

 

Disclosable pecuniary interests, personal and prejudicial interests are defined in Part 2 of the Code of Conduct For Members

 

[If a member is in any doubt as to whether they have an interest which should be declared they

should seek the advice of the Monitoring Officer before the start of the meeting]

 

It is requested that Members declare their interest at the beginning of the relevant agenda item and it will be noted by the Committee Clerk for inclusion in the minutes.

Minutes:

Councillor C Wyatt-Lowe asked Members to remember to declare any Disclosable Pecuniary or other Interests at the beginning of the relevant planning application.

Cllr Matthews declared an interest in item 5a as he knew one of the speakers. Cllr Maddern and Birnie also declared an interest in item 5g as they both knew a speaker.

144.

Public Participation

An opportunity for members of the public to make statements or ask questions in accordance with the rules as to public participation.

 

Time per speaker

Total Time Available

How to let us know

When we need to know by

3 minutes

Where more than 1 person wishes to speak on a planning application, the shared time is increased from 3 minutes to 5 minutes.

In writing or by phone

5pm the day before the meeting.

 

You need to inform the council in advance if you wish to speak by contacting Member Support on Tel: 01442 228209 or by email: Member.support@dacorum.gov.uk

 

The Development Management Committee will finish at 10.30pm and any unheard applications will be deferred to the next meeting.

 

There are limits on how much of each meeting can be taken up with people having their say and how long each person can speak for.  The permitted times are specified in the table above and are allocated for each of the following on a 'first come, first served basis':

 

·         Town/Parish Council and Neighbourhood Associations;

·         Objectors to an application;

·         Supporters of the application.

 

Every person must, when invited to do so, address their statement or question to the Chairman of the Committee.

 

Every person must after making a statement or asking a question take their seat to listen to the reply or if they wish join the public for the rest of the meeting or leave the meeting.

The questioner may not ask the same or a similar question within a six month period except for the following circumstances:

 

(a)       deferred planning applications which have foregone a significant or material change since originally being considered

 

(b)       resubmitted planning applications which have foregone a significant or material change

 

(c)       any issues which are resubmitted to Committee in view of further facts or information to be considered.

 

At a meeting of the Development Management Committee, a person, or their representative, may speak on a particular planning application, provided that it is on the agenda to be considered at the meeting.


Please note:
If an application is recommended for approval, only objectors can invoke public speaking and then supporters will have the right to reply. Applicants can only invoke speaking rights where the application recommended for refusal.

 

Minutes:

Councillor C Wyatt-Lowe reminded the members and the public about the rules regarding public participation.

 

145.

4/00871/18/FUL - DEMOLITION OF EXISTING DWELLING AND CONTRUCTION OF THREE DWELLINGS - AMBERLEY, HEMP LANE, WIGGINTON, TRING, HP23 6HF pdf icon PDF 271 KB

Additional documents:

Minutes:

Item 5a- 4/00871/18/FUL - DEMOLITION OF EXISTING DWELLING AND

CONTRUCTION OF Item 5a- 4/00871/18/FUL - DEMOLITION OF EXISTING DWELLING AND

CONTRUCTION OF THREE DWELLINGS.

 

AMBERLEY, HEMP LANE, WIGGINTON, TRING, HP23 6HF

 

Joan Reid Introduced the report to members and said it had been referred to committee because of contrary views to the Parish Council.

 

Charles Dunn spoke in support of the application.

Steve Cannon and Ward Councillor Stan Mills spoke in objection of the application.

 

Having there been no majority to grant the application It was proposed by Councillor Matthews and seconded by Councillor Conway to overturn the officer’s recommendation and REFUSE the application.

 

Vote

 

For:                  Against:                       Abstained:

7                         0                                     0

 

Resolved: That planning permission be REFUSED for the following reasons;

 

The proposed development by reason of it’s scale, layout, design and density would result in overdevelopment, harming the character and appearance of the small village in the Green Belt and Area of Outstanding Natural Beauty. In addition, the cramped layout is emphasised by the positioning of the car parking  and the removal of the hedging and  positioning of the car ports would further detract from the established character of the road. The proposal is therefore contrary to Policies CS6, CS11, CS12 and CS24 of the Dacorum Core Strategy (2013) and policies 97 and 99 of the saved local plan .

 

 

146.

4/01841/18/FHA - NEW OUTBUILDING - BLUEFRIARS HOUSE, GOLF CLUB ROAD, LITTLE GADDESDEN, BERKHAMSTED, HP4 1LY pdf icon PDF 616 KB

Additional documents:

Minutes:

Item 5b - 4/01841/18/FHA - NEW OUTBUILDING

 

BLUEFRIARS HOUSE, GOLF CLUB ROAD, LITTLE GADDESDEN, BERKHAMSTED,

HP4 1LY

 

 

Andrew Parrish Introduced the report to members and said it had been referred to committee becauseof contrary views of Little Gaddesden Parish Council

 

It was proposed by Councillor Birnie and seconded by Councillor Tindall in line with officer recommendations to REFUSE the application.

 

Vote

For:                  Against:                       Abstained:      

8                      1                                      0

 

Resolved: That planning permission be REFUSED for the following reasons;

 

The site falls within the Rural Area and is within the designated Chilterns Area of Outstanding Natural Beauty. The proposed annex, being a detached outbuilding is contrary in principle to Rural Area Policy CS7 which does not cover outbuildings. The above notwithstanding, the proposed outbuilding given its size, siting and design would significantly extend and enlarge the amount of built development between the house and the side boundary, visually infilling the current open gap that exists between the main house and the garage block / side boundary thereby urbanising the site and harming the open setting of the dwelling and the rural character of the area. In these terms the proposal would harm the rural character of the area and the natural beauty of the AONB, thereby contrary to Policies CS7, CS12, CS27, saved Policy 97 and the Chilterns Buildings Design Guide. Furthermore, insufficient information has been submitted to demonstrate that there would be no harm to existing trees on the boundary and is therefore contrary to Policy CS12 and saved Policy 99.

 

 

146a

4/02240/18/FHA - REPLACEMENT OF KITCHEN WINDOW WITH GLAZED DOOR AND SIDELIGHT - 11 THE BARNS, WEST LEITH, TRING, HP23 6JJ pdf icon PDF 115 KB

Additional documents:

Minutes:

Item 5c - 4/02240/18/FHA - REPLACEMENT OF KITCHEN WINDOW WITH GLAZED DOOR AND SIDELIGHT.

 

11 THE BARNS, WEST LEITH, TRING, HP23 6JJ

 

Nigel Gibbs Introduced the report to members and said it had been referred to committee because the recommendation is contrary to the response of Tring Town Council.

 

It was proposed by Councillor C Wyatt-Lowe and seconded by Councillor Matthews to GRANT the application in line with the officer’s recommendation.

 

Vote

For:                  Against:                       Abstained:

8                         0                                    1

 

 

Resolved: That planning permission be GRANTED for the following reasons;

 

1

Subject to the requirements of the requirements of other conditions of this planning permission the development hereby permitted shall be carried out in accordance with the following plans :

 

18/0034/03

 

Reason:  To safeguard and maintain the strategic policies of the local planning authority and for the avoidance of doubt.

 

ARTICLE 35 STATEMENT

 

The Council acted pro-actively through early engagement with the applicant at the pre-application stage which lead to improvements to the scheme. The Council has therefore acted pro-actively in line with the requirements of the Framework (paragraphs 186 and 187) and in accordance with the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2015.  

 

Appendix 1

 

Tring Town Council

 

The Council recommended refusal of this application on the grounds that the proposed development was out-of-keeping with its location within a conversion of farm buildings. The design of the conversion had a uniformity that was sympathetic to the original buildings. This proposed development compromises the original design statement, especially bearing in mind the location in the Chilterns A.O.N.B.

 

 

147.

4/02361/18/FUL - CHANGE OF USE FROM 6 PERSON HMO (C4 USE) TO A 7 PERSON HMO (SUI GENERIS) - 86 ALEXANDRA ROAD, HEMEL HEMPSTEAD, HP2 4AQ pdf icon PDF 720 KB

Additional documents:

Minutes:

Item 5d - 4/02361/18/FULCHANGE OF USE FROM 6 PERSON HMO (C4 USE) TO A 7 PERSON HMO (SUIGENERIS)

 

86 ALEXANDRA ROAD, HEMEL HEMPSTEAD, HP2 4AQ

 

Birony Curtain introduced the report to members and said it had been referred to committee because it was called in by Cllr Fisher.

 

It was proposed by Councillor Birnie and seconded by Councillor Matthews to GRANT the application in line with the officer’s recommendation.

 

Vote

For:                  Against:                       Abstained:

7                      0                                 2

 

 

Resolved: Resolved: That planning permission be GRANTED for the following reasons;

 

No

Condition

1

The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

Reason:  To comply with the requirements of Section 91 (1) of the Town and Country Planning Act 1990 as amended by Section 51 (1) of the Planning and Compulsory Purchase Act 2004.

 

2

The development hereby permitted shall be carried out in accordance with the following approved plans/documents:

 

ARHH-201P02

ARHH-202P02

ARHH-203P02

ARHH-204P01

LOCATION PLAN

 

Reason: For the avoidance of doubt and in the interests of proper planning.

 

Article 35;

 

Planning permission has been granted for this proposal. Discussion with the applicant to seek an acceptable solution was not necessary in this instance. The Council has therefore acted pro-actively in line with the requirements of the Framework (paragraphs 186 and 187) and in accordance with the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2015. 

 

 

 

148.

4/02449/18/FUL - DEMOLITION OF EXISTING 20 GARAGES. REPLACEMENT WITH TWO SEMI DETACHED 3 BEDROOM DWELLINGS, COMPLETE WITH OFF STREET PARKING AND PRIVATE REAR GARDENS. IMPROVEMENT OF VEHICULAR ACCESS - GARAGE SITE, PULLEYS LANE, HEMEL HEMPSTEAD pdf icon PDF 859 KB

Additional documents:

Minutes:

Item 5e - 4/02449/18/FUL - DEMOLITION OF EXISTING 20 GARAGES. REPLACEMENT WITH TWO SEMI DETACHED 3 BEDROOM DWELLINGS, COMPLETE WITH OFF STREET PARKING AND PRIVATE REAR GARDENS. IMPROVEMENT OF VEHICULAR ACCESS.

 

GARAGE SITE, PULLEYS LANE, HEMEL HEMPSTEAD

 

Sally Robins Introduced the report to members and said it had been referred to committee because there was an application that the Council has an interest in AND received objections

 

Mr Morgan spoke in objection to the application.

Richard Winfield and Ransford Stewart spoke in support of the application.

 

It was proposed by Councillor Matthews and seconded by Councillor Tindall to GRANT the application in line with the officer’s recommendation.

 

 

Vote

For:                  Against:                       Abstained:

4                         3                                   2

 

Resolved: That planning permission be GRANTED for the following reasons:

 

 

No

Condition

1

The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

Reason: To comply with the requirements of Section 91 (1) of the Town and Country Planning Act 1990 as amended by Section 51 (1) of the Planning and Compulsory Purchase Act 2004.

 

2

No development shall take place until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority. The plan should consider all phases of the development. The development shall be carried out in accordance with the approved Construction Management Plan which shall include details of:

 

a) Demolition Method Statement

b) Construction vehicle numbers, type, routing

c) Traffic management requirements

d) Construction and storage compounds (including areas designated for car parking)

e) Siting and details of wheel washing facilities

f) Cleaning of site entrances, site tracks and the adjacent public highway

g) Timing of construction activities to avoid school pick up/drop off times

h) Provision of sufficient on-site parking prior to commencement of construction activities

i) Post construction restoration/reinstatement of the working areas and temporary access to the public highway

j) Construction or demolition hours of operation

k) Dust and noise control measures

l) Asbestos control measures where applicable.

 

Reason: In order to protect highway safety and the amenity of other users of the public highway and rights of way, in accordance with Core Strategy (2013) Policy CS8.

 

3

No development shall take place until a Phase I Report to assess the actual or potential contamination at the site has been submitted to and approved in writing by the Local Planning Authority. If actual or potential contamination and/or ground gas risks are identified, further investigation shall be carried out and a Phase II Report shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development. If the Phase II Report establishes that remediation or protection measures are necessary, a Remediation Statement shall be submitted to and approved in writing by the Local Planning Authority.

 

For the purposes of this condition:

 

A Phase I Report consists of a desk study, site walkover, conceptual model and a preliminary risk assessment. The desk study comprises  ...  view the full minutes text for item 148.

149.

4/02576/18/FUL - INSTALLATION OF AN ATM UNIT - BOVINGDON SERVICE STATION, CHESHAM ROAD, BOVINGDON, HEMEL HEMPSTEAD, HP3 0EB pdf icon PDF 128 KB

Additional documents:

Minutes:

Item 5f - 4/02576/18/FUL - INSTALLATION OF AN ATM UNIT

 

BOVINGDON SERVICE STATION, CHESHAM ROAD, BOVINGDON, HEMEL

HEMPSTEAD, HP3 0EB

 

Will Collier Introduced the report to members and said it had been referred to committee by the officer for recommendation due to contrary to Parish objection.

 

It was proposed by Councillor Matthews and seconded by Councillor Maddern to GRANT the application in line with the officer’s recommendation.

 

Vote

For:                  Against:           Abstained:

6                          1                        2

 

Resolved:  That planning permission be GRANTED subject to the following conditions:

 

No

Condition

1

The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

Reason:  To comply with the requirements of Section 91 (1) of the Town and Country Planning Act 1990 as amended by Section 51 (1) of the Planning and Compulsory Purchase Act 2004.

 

2

The development hereby permitted shall be carried out in accordance with the following approved plans/documents:

 

17.009/031

17.009/032

17.009/033

 

Reason: For the avoidance of doubt and in the interests of proper planning.

 

3

The intensity of illumination shall be controlled at a level that is within the limit recommended by the Institution of Lighting Engineers in the publication 'Technical Report No 5: Brightness of Illuminated Advertisements'.

 

Reason: So that drivers of vehicles along the adjacent public highway are not dazzled or distracted, leading to interference to the free and safe flow of traffic along the highway.

 

Article 35 Statement

 

Planning permission has been granted for this proposal. Discussion with the applicant to seek an acceptable solution was not necessary in this instance. The Council has therefore acted pro-actively in line with the requirements of the Framework (paragraphs 186 and 187) and in accordance with the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2015. 

 

 

 

 

 

 

 

150.

4/02726/18/ROC - VARIATION OF CONDITION 2 (APPROVED PLANS) ATTACHED TO PLANNING PERMISSION 4/00726/17/FUL (TWO THREE BED DETACHED DWELLINGS (AMENDED SCHEME) - LAND R/O 76-78, BELSWAINS LANE, HEMEL HEMPSTEAD, HP3 9PP pdf icon PDF 1 MB

Additional documents:

Minutes:

Item 5g - 4/02726/18/ROCVARIATION OF CONDITION 2 (APPROVED PLANS) ATTACHED TO PLANNINGPERMISSION 4/00726/17/FUL (TWO THREE BED DETACHED DWELLINGS (AMENDED SCHEME).

 

LAND R/O 76-78, BELSWAINS LANE, HEMEL HEMPSTEAD, HP3 9PP

Rachel Marber Introduced the report to members and said it had been referred to committee due to a call in from Cllr Birnie on grounds of highway safety and over development.

 

Alan Mortimer and Katherine Harper spoke in objection to the application.

 

Nigel Wingrove spoke in support of the application.

 

There were no proposer for the officer recommendation.

 

It was proposed by Councillor Matthews and seconded by Councillor Birnie to REFUSE the application.

 

Vote

 

For:                  Against:                       Abstained:

6                        0                                            3

 

Resolved: That planning permission be REFUSED due to the following reasons:

 

The proposed two units by reason of their bulk and mass would result in overdevelopment, eroding the spacious character of the area. This would also result in the proposal failing to achieve sufficient separation distances to neighbouring residents. As a result, the proposed dwellings would appear cramped within its plot and would fail to maintain or enhance the quality and character of the surrounding area and fail to secure good standards of amenity for existing and future occupiers of land and buildings. The development is, therefore, contrary to Saved Appendix 3 of the Dacorum Local Plan (2004) and Policies CS11 and CS12 of the Core Strategy (2013), the National Planning Policy Framework (2018).

 

 

151.

4/02890/18/FHA - HIP TO GABLE ROOF EXTENSION, REAR DORMER AND FRONT ROOFLIGHTS TO FACILITATE LOFT CONVERSION. SINGLE STOREY REAR EXTENSION AND TWO STOREY SIDE EXTENSION - 146 BRIDGEWATER ROAD, BERKHAMSTED, HP4 1EE pdf icon PDF 82 KB

Additional documents:

Minutes:

Item 5h - 4/02890/18/FHA -HIP TO GABLE ROOF EXTENSION, REAR DORMER AND FRONT ROOFLIGHTS TO FACILITATE LOFT CONVERSION. SINGLE STOREY REAR EXTENSION AND TWO STOREY SIDE EXTENSION

 

146 BRIDGEWATER ROAD, BERKHAMSTED, HP4 1EE

Birony Curtain Introduced the report to members and said it had been referred to committee due to contrary views of Berkhamsted Town Council

 

It was proposed by Councillor Tindall and seconded by Councillor C Wyatt-Lowe to GRANT the application in line with the officer’s recommendation.

 

Vote

 

For:                  Against:           Abstained:

8                        0                                1         

 

Resolved:  That planning permission be GRANTED subject to the following conditions:

 

No

Condition

1

The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

Reason:  To comply with the requirements of Section 91 (1) of the Town and Country Planning Act 1990 as amended by Section 51 (1) of the Planning and Compulsory Purchase Act 2004.

 

2

The materials to be used in the construction of the external surfaces of the extension hereby permitted shall match in size, colour and texture those used on the existing building.

 

Reason:  To ensure a satisfactory appearance to the development in accordance with Policy 12 of the Core Strategy 2013.

 

3

The development hereby permitted shall be carried out in accordance with the following approved plans/documents:

 

BR PA 03A

BR PA 02C

BR PA 01B

 

Reason: For the avoidance of doubt and in the interests of proper planning.

 

Article 35;

 

Planning permission has been granted for this proposal. Discussion with the applicant to seek an acceptable solution was not necessary in this instance. The Council has therefore acted pro-actively in line with the requirements of the Framework (paragraphs 186 and 187) and in accordance with the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2015.

 

 

 

 

 

152.

Appeals update pdf icon PDF 80 KB

Minutes:

APPEALS UPDATE

 

That the following appeals were noted:

1.    Lodged

2.    Withdrawn

3.    Forthcoming inquiries

4.    Dismissed