Agenda and minutes

Development Management
Thursday, 4th April, 2019 7.00 pm

Venue: Council Chamber, The Forum. View directions

Contact: Corporate and Democratic Support  01442 228209

Items
No. Item

185.

Minutes

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

Minutes:

The minutes of the meeting held on 14 March were confirmed by the Members present and were then signed by the Chairman.

186.

Apologies for absence

To receive any apologies for absence

Minutes:

Apologies of absence were received from Councillors Matthews and Whitman.

Councillor Birnie arrived at 19:27.

187.

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.

188.

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.

189.

4/03026/18/MFA - DEVELOPMENT OF SITE TO PROVIDE 84 DWELLINGS WITH ACCESS FROM DURRANTS LANE AND PROVISION OF AMENITY SPACE, LANDSCAPING AND OTHER ASSOCIATED WORKS INCLUDING DRAINAGE INFRASTRUCTURE - LAND AT JUNCTION OF DURRANTS LANE & SHOOTERSWAY, BERKHAMSTED pdf icon PDF 436 KB

Additional documents:

Minutes:

The Case Officer, Robert Freeman, introduced the report to members and said that it had been referred to committee because the application was deferred at the committee meeting of the 21st February 2019.

 

James Elphinstone spoke in objection of the application.

 

Berkhamsted Town Councillor Ian Reay spoke in objection of the application.

 

Councillor Anthony Armytage spoke in objection of the application.

 

David Bainbridge spoke in support of the application.

 

Louis Winmill commented on the application.

 

It was proposed by Councillor C Wyatt-Lowe and seconded by Councillor Tindall to GRANT the application WITH A VIEW TO APPROVAL in line with the officer’s recommendation subject to the amended conditions as set out in the report.

 

Vote:

 

For: 2               Against: 5                    Abstained: 1

 

Councillor Guest noted that the recommendation falls and asked for a motion to REFUSE.

 

It was proposed by Councillor Ritchie and seconded by Councillor Mills to REFUSE the application.

 

Vote:

 

For: 5               Against: 2                    Abstained: 2

 

Resolved: That planning permission be REFUSED.

190.

4/03191/18/FUL - DEMOLITION OF EXISTING DWELLING AND DEVELOPMENT OF TWO 3-BED AND TWO 4-BED DWELLINGS, ACCESS DRIVE, PARKING AND LANDSCAPING (RESUBMISSION) - 39A ADEYFIELD ROAD, HEMEL HEMPSTEAD, HP2 5DP pdf icon PDF 170 KB

Additional documents:

Minutes:

The Case Officer, Briony Curtain, introduced the report to members and said that it had been referred to committee because the application was called in by a ward councillor.

 

It was proposed by Councillor C Wyatt-Lowe and seconded by Councillor Maddern to GRANT the application in line with the officer’s recommendation subject to the amended conditions as set out in the report.

 

Vote:

 

For: 7               Against: 0                    Abstained: 2

 

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

 

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 constructed in accordance with the materials specified on the approved drawings / documents.

 

Reason:  To ensure a satisfactory appearance to the development in accordance with Policy CS12 of the 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, B, C, D, E, F.

 

Reason:  To enable the local planning authority to retain control over the development in the interests of safeguarding the residential and visual amenity of the locality.

 

4

No above ground 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;

bin storage facilities

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;

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

proposed finished levels or contours;

car parking layouts and other vehicle and pedestrian access and circulation areas;

minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting etc);

 

The approved landscape works shall be carried out prior to the first occupation of the development hereby permitted and thereafter maintained as such.

                       

Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area.

 

5

Any tree or shrub which forms part of the approved landscaping scheme which within a period of five 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 or shrub of a species, size and maturity to be approved by the local planning authority.

 

Reason:  To ensure a satisfactory appearance to the  ...  view the full minutes text for item 190.

191.

4/02204/18/MFA - DEMOLITION OF EXISTING BUILDINGS. CONSTRUCTION OF EXTRA CARE SCHEME COMPRISING 41 NO. APARTMENTS WITH ASSOCIATED LANDSCAPING AND PARKING - OLD SILK MILL, BROOK STREET, TRING, HP235EF pdf icon PDF 812 KB

Additional documents:

Minutes:

Sara Whelan stated that item 5c – 4/02204/18/MFA had been DEFERRED as further information was required.

192.

4/02583/18/FUL - TWO STOREY EXTENSION AND CONVERSION INTO 4 1-BED FLATS AND DEMOLITION OF OUTBUILDING - 245 BELSWAINS LANE, HEMEL HEMPSTEAD, HP3 9XE pdf icon PDF 77 KB

Additional documents:

Minutes:

Councillor Maddern clarified her position in respect of item 5d and announced her involvement as she had called it in due to concerns. She confirmed that she had no predeterminations and, therefore, there was no reason she should not partake.

 

The Case Officer, Nigel Gibbs, introduced the report to members and said that the application had been referred to committee because the recommendation is contrary to the view of Nash Mills Parish Council and has been called in by Councillor Jan Maddern.

 

Siobhan Burchell spoke in objection of the application.

 

Nash Mills Parish Councillor Alan Briggs spoke in objection of the application.

Paul Shepherd spoke in support of the application.

 

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

 

There was an equality of votes so the Chairman exercised her casting vote and voted for the officer recommendation, so the application was granted.

 

Vote:

 

For: 5               Against: 4                    Abstained: 2

 

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

 

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

Following the demolition of the existing garage details of the materials of the development hereby permitted be 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:  In the interests of the character and appearance of the locality to accord with the requirements of Policy CS12 of the Dacorum Core Strategy.

 

3

Before the first occupation of the flats hereby permitted the parking spaces shown by Drawing No PL008 shall be provided fully in accordance with this layout plan subject to the requirements of Conditions 4 and 5. Thereafter the parking spaces shall be retained at all times and shall be only used for the approved vehicle parking purposes. The parking areas shall be of a permeable surface in accordance with details subject to Condition 2. 

 

Reason: To ensure the adequate and satisfactory provision of off-street vehicle parking in accordance with Policies CS8, CS12 and CS29 of the Dacorum Core Strategy and Policies 54 and 58 of the saved Dacorum Borough Local Plan.

 

4

Before the  occupation of any of the flats hereby permitted the existing access for the development hereby permitted shall be modified / installed fully in accordance with installed and thereafter maintained at all times fully in accordance with the details shown by Drawing PL008 . The approved access shall at all times be served on both sides with pedestrian visibility splays of 2m x 2m, as measured from the  ...  view the full minutes text for item 192.

193.

4/03165/18/FHA - REPLACE EXISTING GARAGE AND SUMMER HOUSE WITH OUTBUILDING TO PROVIDE NON-HABITABLE ANNEX WITH GARAGE AND HOBBY ROOM - 32 STOCKS ROAD, ALDBURY, TRING, HP23 5RU pdf icon PDF 114 KB

Additional documents:

Minutes:

Councillor Mills agreed to stand down for this item.

 

The Case Officer, Nigel Gibbs, introduced the report to members and said that the application had been referred to committee due to the contrary view of Aldbury Parish Council and Councillor Stan Mills.

 

Joanna Stone spoke in objection of the application.

 

David Demmery spoke in objection of the application.

 

It was proposed by Councillor Tindall and seconded by Councillor C Wyatt-Lowe to GRANT the application in line with the officer’s recommendation in addition to conditions relating to the annex being non-habitable and that there would be no further development.

 

Vote:

 

For: 5               Against: 2                    Abstained: 2

 

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

 

Conditions

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

Notwithstanding the details specified by the submitted drawings and the application form the walls of the building permitted shall be finished in dark stained horizontal weatherboarding.

 

Reason: In the interests of the character and appearance of the Rural Area, Conservation Area and Chilterns Area of Outstanding Natural Beauty in accordance with  Policies CS11, CS12 , CS24 CS25 and CS27 of Dacorum Core Strategy.

 

3

The building hereby permitted shall only be used for purposes incidental to the enjoyment of no. 32 Stocks Road as a dwelling house.

 

Reason: In the interests of the residential amenity of adjoining/ nearby dwellinghouses in accordance with Policy CS12 of Dacorum Core Strategy.

 

4

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) there shall be no external changes to the building hereby permitted.

 

Reason To enable the local planning authority to retain control over the development in the interests of safeguarding the residential amenity of the locality and the appearance of the building in the locality in accordance with  Policies CS11, CS12 , CS24 CS25 and CS27 of Dacorum Core Strategy.

 

5

No demolition/development shall take place/commence until a Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing. The scheme shall include assessment of significance and research questions; and:

 

1.     The programme and methodology of site investigation and recording

2.    The programme for post investigation assessment

3.    Provision to be made for analysis of the site investigation and recording

4.    Provision to be made for publication and dissemination of the analysis and records of the site investigation

5.    Provision to be made for archive deposition of the analysis and records of the site investigation

6.    Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation.

 

Reason:  To ensure that reasonable facilities are made available to record  ...  view the full minutes text for item 193.

194.

4/03174/18/FHA - A NEW SECTIONAL TIMBER FRAMED BUILDING TO REPLACE AN EXISTING GARAGE AND SUMMER HOUSE - 32 STOCKS ROAD, ALDBURY, TRING, HP23 5RU pdf icon PDF 105 KB

Additional documents:

Minutes:

Councillor Mills agreed to stand down for this item.

 

The Case Officer, Nigel Gibbs, introduced the report to members and said that the application had been referred to committee due to the contrary view of Aldbury Parish Council and Councillor Stan Mills.

 

David Demmery spoke in objection of the application.

 

Joanna Stone spoke in objection of the application.

 

It was proposed by Councillor Birnie and seconded by Councillor C Wyatt-Lowe to GRANT the application in line with the officer’s recommendation in addition to conditions, as with item 5e, relating to the building being non-habitable and that there would be no further development.

 

Vote:

 

For: 4               Against: 3                    Abstained: 2

 

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

 

Conditions

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

Notwithstanding the details specified by the submitted drawings and by the application form the roof of the building hereby permitted shall be finished in timber shingles and the walls of the building shall be finished in dark stained horizontal weatherboarding.

 

Reason: In the interests of the character and appearance of the Rural Area, Conservation Area and Chilterns Area of Outstanding Natural Beauty in accordance with  Policies CS11, CS12 , CS24 CS25 and CS27 of Dacorum Core Strategy.

 

 

3

The building hereby permitted shall only be used for purposes incidental to the enjoyment of no. 32 Stocks Road as a dwelling house.

 

Reason: In the interests of the residential amenity of adjoining/ nearby dwellinghouses in accordance with Policy CS12 of Dacorum Core Strategy.

 

4

The existing garage shall be permanently removed from the site before the commencement of the construction of the development hereby permitted.

  

Reason: In the interests of the character and appearance of the Rural Area, Conservation Area and Chilterns Area of Outstanding Natural Beauty in accordance with  Policies CS11, CS12 , CS24 CS25 and CS27 of Dacorum Core Strategy.

 

5

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) there shall be no external changes to the building hereby permitted.

 

Reason To enable the local planning authority to retain control over the development in the interests of safeguarding the residential amenity of the locality and the appearance of the building in the locality in accordance with  Policies CS11, CS12 , CS24 CS25 and CS27 of Dacorum Core Strategy.

 

6

No demolition/development shall take place/commence until a Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing. The scheme shall include assessment of significance and research questions; and:

 

·          The programme and methodology of site investigation and recording

·         The programme for post investigation assessment

·         Provision to be made  ...  view the full minutes text for item 194.

195.

4/00349/19/FHA - DEMOLITION OF PART SINGLE STOREY REAR EXTENSION. CONSTRUCTION OF TWO STOREY REAR EXTENSION WITH WALL MOUNTED LIGHTING. CONSTRUCTION OF FRONT PORCH WITH WALL MOUNTED LIGHTING (AMENDED SCHEME) - 2 PHEASANT COTTAGE, WINGRAVE ROAD, TRING, HP23 5EZ pdf icon PDF 155 KB

Additional documents:

Minutes:

Nigel Gibbs introduced the report to members on behalf of the Case Officer, Colin Lecart, and said that the application had been referred to committee due to the contrary view of Tring Town Council.

 

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

 

Vote:

 

For: 8               Against: 0                    Abstained: 2

 

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

 

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:

 

131-01

131-03

131-04

131-05

131-10 Rev E

131-11 Rev E

131-15 Rev C

 

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

 

 

 

 

3

Source of Illumination

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'. No part of the source of the illumination shall at any time be directly visible to users of the adjacent public highway.

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 38) and in accordance with the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2015. 

 

Highways Informatives

 

INFORMATIVES:

1. Obstruction of public highway land: It is an offence under section 137 of the Highways Act 1980 for any person, without lawful authority or excuse, in any way to wilfully obstruct the free passage along a highway or public right of way. If this development is likely to result in the public highway or public right of way network becoming routinely blocked (fully or partly) the applicant must contact the Highway Authority to obtain their permission and requirements before construction works commence. Further information is available via the website: http://www.hertfordshire.gov.uk/services/transtreets/highways/ or by telephoning 0300 1234047.

2. Road Deposits: It is an offence under section 148 of the Highways Act 1980 to deposit mud or other debris on the public highway, and section 149 of the same Act gives the Highway Authority powers to remove such material at the expense of the party responsible. Therefore, best practical means shall be taken at all times to ensure that all vehicles leaving the site during construction of the development are in a condition such as not to emit dust or  ...  view the full minutes text for item 195.

196.

Appeals pdf icon PDF 74 KB

Minutes:

That the following appeals were noted:

 

A.   LODGED

B.   WITHDRAWN

C.   FORTHCOMING INQUIRIES

D.   FORTHCOMING INQUIRIES

E.    DISMISSED

F.    ALLOWED

 

197.

Quarterly Enforcement Report pdf icon PDF 84 KB

Minutes:

Philip Stanley introduced new member of staff, Olivia Stapleford, to the committee and stated that she was the Assistant Team Leader for Planning Enforcement.

 

Philip Stanley went through the Quarterly Enforcement Report and noted a number of items. Councillors also queried a number of items.