Agenda and draft minutes

Development Management
Thursday, 21st February, 2019 7.00 pm

Venue: Council Chamber, The Forum. View directions

Contact: Corporate and Democratic Support  01442 228209

Items
No. Item

164.

Minutes

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

Minutes:

The minutes of the meeting held on 31 January 2019 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/ieListDocuments.aspx?CId=159&MId=1735

 

165.

Apologies for absence

To receive any apologies for absence

Minutes:

 

Apologies of absence were received from Councillor Maddern and Councillor Whitman.

 

166.

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.

167.

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.

168.

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 1019 KB

Additional documents:

Minutes:

5b - 4/01812/18/FUL RETENTION OF AN OAK FRAMED BARN TO

REPLACE EXISTING BUILDING

 

LONG LANE FARM, LONG LANE, BOVINGDON, HEMEL HEMPSTEAD, HP3 0NE

 

Nigel Gibbs introduced the report to members and said it had been referred to committee becauseof the recommendation is contrary to the response of

Bovingdon Parish Council.

 

It was proposed by Councillor W Wyatt-Lowe and seconded by Councillor Mills to GRANT the application.

 

Vote

For: 8               Against: 0                    Abstained: 2

 

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

 

No

Condition

1

The building hereby permitted shall only be used for non commercial equestrian or agricultural purposes and therefore excludes any residential use.

 

Reason: To safeguard the Green Belt and the residential amenity of the locality in accordance with Policies CS5 and CS12 of the Dacorum Core Strategy and for the avoidance of doubt.

 

2

There shall be no additional floor space formed within the building hereby permitted (and therefore no first floor shall be formed)  or external alterations to the building hereby permitted.

 

Reason: To safeguard the Green Belt and the local environment in accordance with Policies CS5 , CS12 and CS29 of the Dacorum Core Strategy. 

 

3

The building hereby permitted shall be constructed in the specified materials.

 

Reason: In the interests of the visual amenity in accordance with Policies CS5 and CS12 of the Dacorum Core Strategy.

 

4

The development  hereby permitted shall be served by a sustainable drainage system at all times.

 

Reason: To ensure that the development is subject to an acceptable drainage system in accordance with the aims of Policies CS12 and CS31 of the Dacorum Core Strategy and to protect groundwater to accord with the requirements of Policies CS31 and CS32 of the Dacorum Core Strategy.

 

5

The building hereby permitted shall at all times feature a bat roost unit (bricks or tubes) integrated within the fabric of the new barn and designed/installed under the guidance of a suitably experienced ecologist.

 

Reason: To ensure biodiversity benefit in accordance with Policy CS29 of Dacorum Core Strategy.

 

6

Details of all exterior lighting to be installed to serve the building hereby permitted shall be submitted to and approved in writing by the local planning authority.  The exterior lighting shall be installed and thereafter retained fully in accordance with the approved details.

 

Reason: To safeguard the local environment in accordance with the requirements of Policies CS5, CS12, CS24 , CS29 and CS32 of the Dacorum Core Strategy and Policy 113 and Appendix 8 of the saved Dacorum Borough Local Plan.

 

 

7

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

 

Location Plan received by local planning authority on 6 December 2018

Part Dimensioned Site Layout Plan received by the local planning authority on 6 December 2018

Dimensioned Layout Plan  1819/2 B received by local planning authority on 6 December 2018 

1819/1 Elevations

1819/3A  received by local planning authority on 6 December 2018  ...  view the full minutes text for item 168.

169.

4/03026/18/MFA - DEVELOPMENT OF SITE TO PROVIDE 84 DWELLINGS WITH ACCESS FROM SHOOTERSWAY (VIA PHASE 1) AND PROVISION OF AMENITY SPACE, LANDSCAPING AND OTHER ASSOCIATED WORKS INCLUDING DRAINAGE INFRASTRUCTURE - LAND AT JUNCTION OF DURRANTS LANE &, SHOOTERSWAY, BERKHAMSTED pdf icon PDF 1 MB

Additional documents:

Minutes:

5c - 4/03026/18/MFA DEVELOPMENT OF SITE TO PROVIDE 84

DWELLINGS WITH ACCESS FROM SHOOTERSWAY (VIA PHASE 1) AND PROVISION

OF AMENITY SPACE, LANDSCAPING AND OTHER ASSOCIATED WORKS INCLUDING

DRAINAGE INFRASTRUCTURE

 

LAND AT JUNCTION OF DURRANTS LANE &, SHOOTERSWAY, BERKHAMSTED

 

Roberts Freeman introduced the report to members and said it had been referred to committee in light of the recommendations of both Berkhamsted Town Council and Northchurch Parish Council.

 

Mr Bainbridge spoke in support of the application.

 

Parish Councillor Beryl Edwards, Ward Councillor Anthony Armytage, Louise Winnmill, Christopher Murphy and Ian Reay spoke in objection of the application.

 

Having there been no proposer to grant the application It was proposed by Councillor C Wyatt-Lowe and seconded by Councillor Matthews to DEFER the application.

 

Vote

 

For: 8               Against: 1                    Abstained: 1

 

Resolved: That planning permission be DEFERRED:

In order for the applicants and the case officer to;

 

a)    consider an alternative means of access to the site via Durrants Lane in consultation with Hertfordshire County Council as highway authority.

b)    Consider the re-design of traffic calming measures along the currently proposed access.

c)    provide additional information regards the management of the existing woodland

d)    to clarify the position in relation to education provision within the locality

e)    provide additional time for discussions between the applicant and the County Council in respect of the land originally marked for housing in the Masterplan.

 

 

170.

4/02469/18/FUL - DEMOLITION OF TWO AGRICULTURAL BARNS; REPLACEMENT WITH SINGLE DWELLING AND REINSTATEMENT OF HISTORIC ORCHARD - BARNS AT CHAPEL END LANE, WILSTONE, TRING, HP23 4NY pdf icon PDF 851 KB

Additional documents:

Minutes:

5d - 4/02469/18/FUL DEMOLITION OF TWO AGRICULTURAL BARNS;

REPLACEMENT WITH SINGLE DWELLING AND REINSTATEMENT OF HISTORIC

ORCHARD

 

BARNS AT CHAPEL END LANE, WILSTONE, TRING, HP23 4NY

 

 

Martin Stickley introduced the report to members and said it had been referred to committee because it had been called in by Councillor Olive Conway.

 

Councillor Olive Conway moved to the Public Gallery and took no part in the discussion or vote.

 

Ward Councillor Oliver Conway, Ward Councillor Mike Hicks, David Bullock and John Todd spoke in objection of the application.

 

Joshua Mears-Smith spoke in support of the application.

 

It was proposed by Councillor Mills and seconded by Councillor Fisher to GRANT the application.

 

Vote

 

For: 6               Against: 1                    Abstained: 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 approved orchard shall be planted prior to the first occupation of the development hereby permitted. Any tree that forms part of the approved orchard which within a period of ten years from planting fails to become established, becomes seriously damaged or diseased, dies or for any reason is removed shall be replaced in the next planting season by a tree of a species, size and maturity.

                       

Reason:  To ensure that the reinstated historic orchard is planted and retained in accordance with saved Policy 120 of the Dacorum Borough Local Plan (2004) and Policy CS27 of the Dacorum Borough Core Strategy (2013).

 

Reason: To ensure satisfactory appearance to the development and to safeguard the visual character of the immediate area in accordance with saved Policy 99 of the Dacorum Borough Local Plan (2004) and Policy CS12 of the Dacorum Borough Core Strategy (2013).

 

3

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order amending or re-enacting that Order with or without modification) no development falling within the following classes of the Order shall be carried out without the prior written approval of the local planning authority:

 

Schedule 2, Part 1, Classes A and B.

 

Reason:  To enable the local planning authority to retain control over the development in the interests of safeguarding visual and residential amenity, and the  character of the locality in accordance with Policies CS12 of the Dacorum Borough Core Strategy (2013) and Paragraph 127 of the National Planning Policy Framework (2018).

 

4

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) (Order) 2015 as amended (or any Order amending or re-enacting that Order with or without modification) no development within Schedule 2, Part 1, Class E shall take place within the proposed orchard area, as shown as hatched in pink on drawing PJSA-02-01-A.

 

Reason: The orchard is one of the key benefits  ...  view the full minutes text for item 170.

171.

4/02993/18/FUL - CHANGE OF USE AND CONVERSION OF EXISTING GROUND FLOOR FROM VETERINARY PRACTICE INTO A TWO-BEDROOM FLAT. ROOF EXTENSION AT FIRST FLOOR TO INCREASE SIZE OF EXISTING FIRST FLOOR FLAT TO A LARGER TWO-BEDROOM FLAT. CONSTRUCTION OF TWO NEW-BUILD TWO-BEDROOM APARTMENTS TO THE REAR FACING ST.JOHNS WELL LANE. PROVISION OF CAR PARKING FOR FIVE VEHICLES, FIVE-BAY CYCLE STORE AND WASTE REFUSE STORE - 320A HIGH STREET, BERKHAMSTED, HP4 1HT pdf icon PDF 494 KB

Additional documents:

Minutes:

5e - 4/02993/18/FUL CHANGE OF USE AND CONVERSION OF EXISTING

GROUND FLOOR FROM VETERINARY PRACTICE INTO A TWO-BEDROOM FLAT.

ROOF EXTENSION AT FIRST FLOOR TO INCREASE SIZE OF EXISTING FIRST FLOOR

FLAT TO A LARGER TWO-BEDROOM FLAT. CONSTRUCTION OF TWO NEW-BUILD

TWO-BEDROOM APARTMENTS TO THE REAR FACING ST.JOHNS WELL LANE.

PROVISION OF CAR PARKING FOR FIVE VEHICLES, FIVE-BAY CYCLE STORE AND

WASTE REFUSE STORE.

 

320A HIGH STREET, BERKHAMSTED, HP4 1HT

 

 

Rachel Marber introduced the report to members and said it had been referred to committee because of contrary views of Berkhamsted Town Council.

 

Town Councillor Anthony Armytage, James Jolliffe and Johnathon Marsh spoke in objection of the application.

 

Dean Goodman spoke in support of the application.

 

Having there been no proposer to grant the application, it was proposed by Councillor Matthews and seconded by Councillor Ritchie to overturn the officer’s recommendation and REFUSE the application.

 

Vote

 

For: 9               Against: 0                    Abstained: 1

 

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

 

1.)   The proposed development, by reason of its layout, site coverage, height, bulk and insufficient amenity provision would result in overdevelopment of the site which would fail to integrate with the streetscape and cause harm to the character appearance of the area. As such the proposed development would be contrary to para.127 of the National Planning Policy Framework (2019) and Policy CS12 of the Core Strategy (2013).

2.)   S72 (1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires special attention to be paid to the desirability of preserving or enhancing the character or appearance of the conservation area. The poor design of the two contemporary dwellings would failure to preserve or enhance the character and appearance of the Berkhamsted conservation area and adjacent locally listed buildings. The development would therefore be contrary to the requirement of section 72 (1) of the LBA, Paras 189-202 of National Planning Policy Framework (2019), Policy CS27 of the Core Strategy and Saved Policy 120 of the Local Plan (2004).

3.)   By virtue of the extended built form across the site boundary with No.320 High Street the proposed development would create a sense of enclosure and result in significant loss of outlook to these neighbouring residents. The proposal would therefore fail secure good standards of amenity for existing occupiers of land and buildings. The development is, therefore, contrary to para 127 of the National Planning Policy Framework (2019), Saved Appendix 3 of the Dacorum Local Plan (2004) and Policy CS12 of the Core Strategy (2013).

4.)   The proposal would result in a change of use of the site from the existing veterinary practice. This would result in the loss of an important piece of social infrastructure which provides a valuable service to the local community and contributes to the vitality and vibrancy of Berkhamsted Town Centre, contrary to Paras. 8 and 92 of the NPPF2 (2019) and Policy CS23 of the Core Strategy (2013).

 

 

172.

4/03226/18/FUL - DEMOLITION OF EXISTING RESIDENTIAL DWELLING AND CONSTRUCTION OF 4 X 2-BED FLATS AND ANCILLARY WORKS - LAVENDER COTTAGE, REDBOURN ROAD, HEMEL HEMPSTEAD, HP2 7BA pdf icon PDF 100 KB

Additional documents:

Minutes:

 

5f - 4/03226/18/FUL DEMOLITION OF EXISTING RESIDENTIAL

DWELLING AND CONSTRUCTION OF 4 X 2-BED FLATS AND ANCILLARY WORKS

 

LAVENDER COTTAGE, REDBOURN ROAD, HEMEL HEMPSTEAD, HP2 7BA

 

Rachel Marber introduced the report to members stating that Officer’s recommendations were to REFUSE the application and said it had been referred to committee because it was called in by Cllr Bhinder on grounds of overdevelopment.

 

Bob Harrington spoke in support of the application

 

It was proposed by Councillor Fisher and seconded by Councillor Tindall to REFUSE the application in line with Officers recommendation.

 

Vote

 

For: 7               Against: 0        Abstained: 3

 

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

 

By virtue of the side access and rear parking arrangements of the proposed development future occupiers of the application site and neighbouring residents at Little Orchard would experience unacceptable living conditions in terms of noise and disturbance from vehicular comings and goings. The proposal would therefore conflict with Saved Appendix 3 of the Local Plan (2004) and Policy CS12 of the Core Strategy, which collectively seek, amongst other things, to ensure that new development respects adjoining properties and that the impact of noise is minimised by careful attention to layout. The scheme would also conflict with Paragraph 127 of the National Planning Policy Framework (2018) which seeks, amongst other things, to ensure that development provides a high standard of amenity for existing users.

 

 

173.

4/00031/19/FUL - DEMOLITION OF EXISTING FIVE GARAGES AND CONSTRUCTION OF 2 TWO BED DWELLINGS WITH OFF STREET PARKING AND SHARED FRONT GARDEN (AMENDED SCHEME) - GARAGES ADJACENT, 8 CUPID GREEN LANE, HEMEL HEMPSTEAD, HP2 7HH pdf icon PDF 457 KB

Additional documents:

Minutes:

5g - 4/00031/19/FUL DEMOLITION OF EXISTING FIVE GARAGES AND

CONSTRUCTION OF 2 TWO BED DWELLINGS WITH OFF STREET PARKING AND

SHARED FRONT GARDEN (AMENDED SCHEME)

 

GARAGES ADJACENT, 8 CUPID GREEN LANE, HEMEL HEMPSTEAD, HP2 7HH

 

Robert Freeman introduced the report to members and said that the application has been referred to committee in view of their previous decision to refuse planning permission for residential use of the site and given the Council's ongoing interest as a former landowner.

 

David Eaton spoke in objection of the application.

 

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

 

It was proposed by Councillor Matthews and seconded by Councillor Ritchie to GRANT the application.

 

Vote

 

For: 8               Against: 0                    Abstained: 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

No development shall take place until samples of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted and approved in writing by the local planning authority.  Development shall be carried out in accordance with the approved details.  Please do not send materials to the council offices.  Materials should be kept on site and arrangements made with the planning officer for inspection.

 

Reason:  To ensure a satisfactory appearance to the development in accordance with Policy CS12 of the Core Strategy

 

3

No development shall take place until full details of both hard and soft landscape works shall have been submitted to and approved in writing by the local planning authority.  These details shall include:

 

hard surfacing materials;

means of enclosure;

soft landscape works which shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; and

trees to be retained and measures for their protection during construction works;

 

The approved landscape works shall be carried out in accordance with the approved details prior to the first occupation of the development hereby permitted with the exception of any tree protection which should be erected prior to the commencement of works and retained for the duration of construction.

                       

Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area in accordance with Policy CS12 of the Core Strategy.

 

4

Prior to the commencement of the development hereby permitted a Phase I Report to assess the actual or potential contamination at the site shall be 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  ...  view the full minutes text for item 173.

174.

4/01863/18/FUL - DEMOLITION OF EXISTING GARAGE AND CONSTRUCTION OF TWO STOREY EXTENSION AS A SEPARATE DWELLING - 1 AUSTINS MEAD, BOVINGDON, HEMEL HEMPSTEAD, HP3 0JX pdf icon PDF 428 KB

Additional documents:

Minutes:

5h - 4/01863/18/FUL DEMOLITION OF EXISTING GARAGE AND

CONSTRUCTION OF TWO STOREY EXTENSION AS A SEPARATE DWELLING.

 

1 AUSTINS MEAD, BOVINGDON, HEMEL HEMPSTEAD, HP3 0JX

 

Deferred to the next meeting.

 

175.

Appeals Update pdf icon PDF 77 KB

Minutes:

APPEALS UPDATE

That the following appeals were noted:

 

A.    LODGED

E. DISMISSED