Agenda and minutes

Development Management
Thursday, 31st January, 2019 7.00 pm

Venue: Council Chamber, The Forum. View directions

Contact: Corporate and Democratic Support  01442 228209

Items
No. Item

153.

Minutes

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

Minutes:

 

The minutes of the meeting held on 6 September 2018 were confirmed by the Members present and were then signed by the Chairman.

154.

Apologies for absence

To receive any apologies for absence

Minutes:

 

Apologies of absence were received from Councillor Clark, Councillor Fisher, Councillor Maddern, Councillor Mills and Councillor Whitman.

155.

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 Guest asked Members to remember to declare any Disclosable Pecuniary or other Interests at the beginning of the relevant planning application.

156.

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 Guest reminded the members and the public about the rules regarding public participation.

157.

4/00958/18/MFA - HYBRID PLANNING APPLICATION FOR 226 DWELLINGS, CEMETERY CAR PARK WITH TOILET BLOCK AND PUBLIC OPEN SPACE (DETAILS SUBMITTED IN FULL). AND 0.75 HECTARES OF EMPLOYMENT SPACE (B1a, b and c) AND A CEMETERY EXTENSION OF 1.7 HECTARES WITH ALL MATTERS RESERVED (DETAILS SUBMITTED IN OUTLINE) - LA5, LAND AT ICKNIELD W\Y, TRING, HERTS pdf icon PDF 4 MB

Additional documents:

Minutes:

4/00958/18/MFA - HYBRID PLANNING APPLICATION FOR 226 DWELLINGS, CEMETERY CAR PARK WITH TOILET BLOCK AND PUBLIC OPEN SPACE (DETAILS SUBMITTED IN FULL).   AND 0.75 HECTARES OF EMPLOYMENT SPACE (B1a, b and c) AND A CEMETERY EXTENSION OF 1.7 HECTARES WITH ALL MATTERS RESERVED (SUBMITTED IN OUTLINE)

 

LA5, LAND AT ICKNIELD WAY, TRING, HERTS

 

The Case Officer introduced the report to members and said it had been referred to committee because of the Contrary views of the Town Council

 

It was proposed by Councillor Conway and seconded by Councillor Birnie to defer the application due to concerns over the lack of notification given to the town council.

 

Vote

 

For: 3               Against: 4                    Abstained:1

 

Having there been no majority to defer the application it was proposed by Councillor C.Wyatt-Lowe and seconded by Councillor Matthews to grant the application in line with the officer’s recommendations

 

Vote

 

For: 4               Against: 0                    Abstained:4

 

Resolved: That planning permission be DELEGATED WITH A VIEW TO APPROVAL subject to:

 

·         receipt of amended plans and information as detailed in the report

·         receipt of no objections from Herts Highways

·         receipt of no objections from HCC Ecology Officer with regards to seeking greater ecological enhancements

·         receipt of no objections from Environmental Health in respect of noise

·         final drafting of conditions and / or such other conditions as may be required

·         agreement of pre-commencement conditions with applicant, and

·         completion of a s106 agreement.

 

No

Condition

1

The development the subject of full details 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 in relation to the full element of the permission shall take place until a Phasing Plan in relation to that element shall have been submitted to and approved in writing by the local planning authority.

Reason: For the avoidance of doubt and to ensure that the conditions are discharged separately in relation to the outline and full elements of the permission.

 

3

No development in relation to the full element of the permission (other than demolition, site preparation, groundworks, site investigation and remediation) shall take place within an agreed phase (under Condition 2) until samples and / or details of the materials to be used in the construction of the external walls and roofs of the development hereby permitted shall have been submitted to and approved in writing by the local planning authority. Sample panels of the materials for the dwellings and boundary walls should be constructed on site to agree the final brick, mortar, flintwork, tiles/ slates and landscaping materials. Development shall be carried out in accordance with the approved details.

 

Reason:  To ensure a satisfactory appearance to the development in accordance with Policy CS12 of the Dacorum Core Strategy (September 2013).

 

4

Notwithstanding any details submitted, no development in relation to the full  ...  view the full minutes text for item 157.

158.

4/00834/18/MFA - CONSTRUCTION OF 39 APARTMENTS, ASSOCIATED PARKING, LANDSCAPING, CYCLE STORAGE, REFUSE AND RECYCLING ENCLOSURES. ACCESS VIA EXISTING VEHICULAR ACCESS FROM TWO WATERS ROAD - HEWDEN HIRE LTD, TWO WATERS WAY, HEMEL HEMPSTEAD, HP3 9BX pdf icon PDF 3 MB

Additional documents:

Minutes:

Items 4/01812/18/FUL and 4/00834/18/MFA were deferred to the next meeting due to adverse weather.

 

159.

4/02338/18/FUL - TWO 1-BED UNITS AND TWO 2-BED UNITS FROM THE CONVERSION AND PART DEMOLITION OF THE EXISTING BUILDINGS (AMENDED SCHEME) - NISSEL HOUSE, FENSOMES CLOSE, HEMEL HEMPSTEAD, HP2 5DH pdf icon PDF 172 KB

Additional documents:

Minutes:

4/02338/18/FUL - TWO 1-BED UNITS AND 2 2-BED UNITS FROM THE CONVERSION AND PART DEMOLITION OF THE EXISTING BUILDINGS (AMENDED SCHEME)

 

NISSEL HOUSE, FENSOMES CLOSE, HEMEL HEMPSTEAD, HP2 5DH

 

Councillor C.Wyatt-Lowe removed herself from the proceedings as she had registered to speak on this item, she took no part in the discussion or voting of this item.

 

 

The Case Officer introduced the report to members and said it had been referred to committee because the Application was called-in by Cllr Wyatt-Lowe on the grounds of overdevelopment, lack of adequate parking and loss of residential amenity for adjacent properties.

 

Colette Wyatt-Lowe and David Whitfield spoke in objection to the application.

 

John Harding 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 recommendations.

 

Vote

 

For: 2               Against: 4                    Abstained:1

 

Having there been no majority to grant the application it was proposed by Councillor Riddick and seconded by Councillor Birnie to refuse the application.

 

Vote

 

For: 4               Against: 0                   Abstained:3

 

 

Resolved: that planning permission be refused for the following reasons

The development would result in an unacceptably high density and overdevelopment of the site. The layout, including the site access and parking arrangement, are considered unsatisfactory and would prejudice free movement of pedestrians and vehicles within the immediate area and would fail to be of high quality design. The proposals are therefore contrary to Policies CS8, CS9, CS11 and CS12 of the Core Strategy, Saved Policies 10, 18, 21, 51 of the Dacorum Borough Local Plan and the National Planning Policy Framework.

 

160.

4/03042/18/FHA - REPLACEMENT OF OLD WOODEN DECKING WITH NEW SUSTAINABLE COMPOSITE DECKING. INSTALLATION OF SAFETY RAILINGS AND SCREENING (AMENDED SCHEME) - 9 UPPER HALL PARK, BERKHAMSTED, HP4 2NW pdf icon PDF 135 KB

Additional documents:

Minutes:

4/03042/18/FHA - REPLACEMENT OF OLD WOODEN DECKING WITH NEW SUSTAINABLE COMPOSITE DECKING. INSTALLATION OF SAFETY RAILINGS AND SCREENING (AMENDED SCHEME).

 

            9 UPPER HALL PARK, BERKHAMSTED, HP4 2NW

 

 

The case officer introduced the report and said it had been referred to the committee because of Contrary views of Berkhamsted Town Council.

 

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

 

 

Vote

 

For: 6               Against: 1                    Abstained: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 development hereby permitted shall be carried out in accordance with the following approved plans/documents:

 

Site Plan

Location Plan

035/300/PL

035/100A/PL

035/100B/PL

035/200/PL

Design and Access Statement

 

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

 

Article 35;

 

Planning permission has been granted for this proposal. The Council acted pro-actively through positive engagement with the applicant at the pre-application stage (following a refusal) and during the determination process which lead to improvements to the scheme. The Council has therefore acted pro-actively in line with the requirements of the National Planning Policy Framework and in accordance with the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2015.

 

 

 

 

161.

4/01812/18/FUL - RETENTION OF AN OAK FRAMED BARN TO REPLACE EXISTING BUILDING - LONG LANE FARM, LONG LANE, BOVINGDON, HEMEL HEMPSTEAD, HP3 0NE pdf icon PDF 913 KB

Additional documents:

Minutes:

Items 4/01812/18/FUL and 4/00834/18/MFA were deferred to the next meeting due to adverse weather.

 

162.

Quarterly Enforcement Report pdf icon PDF 83 KB

Minutes:

Noted by Members

163.

Appeals pdf icon PDF 43 KB

Minutes:

That the following appeals were noted:

 

1.    Lodged