Agenda and minutes

Development Management
Tuesday, 28th May, 2019 7.00 pm

Venue: Council Chamber, The Forum. View directions

Contact: Corporate and Democratic Support  01442 228209

Items
No. Item

198.

Minutes pdf icon PDF 184 KB

To confirm the minutes of the previous meeting.

Minutes:

The minutes of the meeting held on 4 April were confirmed by the Members present and were then signed by the Chairman.

199.

Apologies for absence

To receive any apologies for absence

Minutes:

There were no apologies for absence or substitutions.

200.

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.

201.

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

 

4:45pm the working day before the meeting.

 

The deadline to register to speak at this meeting is 4:45pm on Friday 24 May.

 

This is due to the Bank Holiday on Monday 27 May.

 

 

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.

 

Councillor Guest noted that questions are no longer asked of speakers as it is not provided for in the Constitution.

 

For each application the officer presents the report to the Committee, then the participants from the public are called to speak. Following this, questions are taken from the Committee along with statements and comments for debate.

202.

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 1 MB

Additional documents:

Minutes:

Sara Whelan introduced the report to members and said that the reason the application had been referred back to the committee was due to the discovery that the masterplan for the site was not in fact adopted, as suggested in the officer’s report. She continued that this is a material change to the policy context that members need to be aware of prior to making a decision.

 

The Case Officer, Robert Freeman, presented the report.

 

Thomas Ritchie spoke in objection of the application.

 

Town Councillor Anthony Armytage spoke in objection of the application.

 

David Bainbridge spoke in support of the application.

 

It was proposed by Councillor Wyatt-Lowe and seconded by Councillor Riddick to DELEGATE the application WITH A VIEW TO APPROVAL in line with the officer’s recommendation SUBJECT TO THE COMPLETION OF A LEGAL AGREEMENT.

 

Vote:

 

For: 6               Against: 3                    Abstained: 2

 

Resolved: That planning permission be DELEGATED WITH A VIEW TO APPROVAL SUBJECT TO THE COMPLETION OF A LEGAL AGREEMENT with heads of terms and subject to the conditions:

 

Heads of Terms

- the provision of 40% affordable housing

- a payment of £75,000 towards the provision of a changing room on land on the opposite side of Durrants Lane (L2) or adjacent to the site.

 

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 details 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 Dacorum Borough Core Strategy (September 2013).

 

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;

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

·         A landscape management plan setting out how the landscaping of the site will be managed in perpetuity;

·         A woodland management plan setting out how public access will be provided to the woodland and how the woodland will be managed in perpetuity;

·         proposed finished levels or contours;

·         minor artefacts and structures (e.g. furniture, play equipment, refuse  ...  view the full minutes text for item 202.

203.

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 748 KB

Additional documents:

Minutes:

Councillor McDowell clarified his position in respect of item 5b and declared his membership of Tring Town Council. He confirmed that he would be approaching the application with an open mind and, therefore, there was no reason he should not partake.

 

The Case Officer, Andrew Parrish, introduced the report to members and said that the application had been referred to committee due to the contrary views of Tring Town Council.

 

Katie Kennedy and Nicola Maguire spoke in objection of the application.

 

Helen Lowe, the planning agent, spoke in support of the application.

 

It was proposed by Councillor Wyatt-Lowe and seconded by Councillor Maddern to DELEGATE the application WITH A VIEW TO APPROVAL 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 delegated with a view to approval.

 

Vote:

 

For: 6               Against: 5                    Abstained: 0

 

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

 

·         agreement of pre-commencement conditions with applicant, and

·         completion of a s106 agreement with the following Heads of Terms - 55 years minimum age restriction, meeting medical or health criteria that justify the extra care accommodation categorisation, provision of fire hydrants, financial contribution towards improvements to the two nearest bus stops to provide easy access kerbing of £16,000.

 

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 premises hereby permitted shall be operated at all times as an Extra Care scheme under Class C2 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification) and shall retain all communal areas, and wardens apartment, as shown on the approved floorplans.

 

Reason: For the avoidance of doubt as to the use permitted and because in the absence of affordable housing and other contributions to social and physical infrastructure through CIL contributions, the Council would not have granted a general needs housing scheme on this site.

 

3

No development other than demolition, site preparation, groundworks, site investigation and remediation shall take place until samples of the materials proposed to be used on the external surfaces of the development (including mortar colour, render colour and brick bond - not stretcher bond) hereby permitted shall have been provided on site as a sample panel at least 1 metre by 1 metre and summary details submitted to and approved in writing by the local planning authority. The approved materials shall be used in the implementation of the development.

 

Reason:  To ensure a satisfactory appearance to the development in the interests of the  ...  view the full minutes text for item 203.

204.

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 141 KB

Additional documents:

Minutes:

Robert Freeman introduced the report to members on behalf of the Case Officer and said that the application had been referred to committee due to the contrary view of the Parish Council who object on the grounds of overdevelopment and lack of amenity area.

 

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

 

Vote:

 

For: 9               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 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 No.1 Austins Mead, Bovingdon (as indicated in section 7 of the application form submitted with this application).

 

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

 

3

No development, other than groundworks and demolition, shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority. These details shall include:

 

a) Hard surfacing materials

b) All on site vehicular parking areas

c) Details of surface water interception and disposal

d) Means of enclosure

e) Boundary treatment

f) Soft landscape works

g) Refuse storage.

 

The approved landscape works shall be carried out prior to the first occupation of the development hereby permitted.

                       

Reason: To ensure a satisfactory appearance to the development, to safeguard the visual character of the immediate area and in order to minimise danger, obstruction, and inconvenience to users of the highway and of the premises, in accordance with Core Strategy (2013) Policy CS12.

 

4

Vehicular visibility splays of 2.4m x 43m shall be provided, and thereafter maintained, in both directions from the access, within which there shall be no obstruction to visibility between a height of 0.6m and 2m above the carriageway.

 

Reason: In the interest of highway safety, in accordance with Core Strategy (2013) Policy CS8.

 

5

Pedestrian visibility splays of 2m x 2m shall be provided, and thereafter maintained, on both sides of the vehicle crossover, which will be restricted to a double width, i.e. as per Roads in Herts - Highway Design Guide 3rd ed guidance, within which there shall be no obstruction to visibility between 0.6m and 2m above the carriageway.

 

Reason: In the interest of highway safety, in accordance with Core Strategy (2013) Policy CS8.

 

6

The proposed parking spaces shall have measurements of 2.4m x 4.8m respectively. Such spaces shall be maintained as a permanent ancillary to the development, shall be paved and shall  ...  view the full minutes text for item 204.

205.

4/02980/18/FHA - NEW REAR DORMER AND ALTERATIONS TO TERRACE - 7 GAVESTON DRIVE, BERKHAMSTED, HP4 1JF pdf icon PDF 82 KB

Additional documents:

Minutes:

The Case Officer, Robert Freeman, introduced the report to members and said that the application has been referred to committee in view of the recommendation of Berkhamsted Town Council.

 

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

 

Vote:

 

For: 10             Against: 0                    Abstained: 1

 

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 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 CS12 of the Core Strategy

 

3

The dormer window hereby approved shall be permanently fitted with obscured glass (Pilkington Privacy Level 3 or equivalent) to a height of 1.7m above finished floor level unless otherwise agreed in writing by the local planning authority.

 

Reason:  In the interests of the residential amenities of the occupants of the adjacent dwellings in accordance with Policy CS12 of the Core Strategy and Saved Appendix 7 of the Dacorum Borough Local Plan 1991-2011.

 

 

 

4

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

 

201 Revision B

202 Revision C

203 Revision A

 

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

 

 

 

206.

4/00177/19/FUL - CONSTRUCTION OF 1 X ONE-BEDROOM DWELLING TO THE SIDE OF 8 PARKFIELD. (AMENDED SCHEME). - ADJACENT TO 8 PARKFIELD, MARKYATE, ST ALBANS, AL3 8RD pdf icon PDF 130 KB

Additional documents:

Minutes:

Robert Freeman introduced the report to members on behalf of the Case Officer and said that the application has been referred to committee due to the contrary views of Markyate Parish Council.

 

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

 

Vote:

 

For: 7               Against: 3                    Abstained: 1

 

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 carried out in accordance with the following approved plans/documents:

 

100 Rev A

101 Rev A

Design and Access Statement

 

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

 

3

The materials to be used in the construction of the external surfaces of the dwelling hereby permitted shall match in size, colour and texture those used on the existing building, as detailed in the submitted application form.

 

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

 

4

The window at first floor level in the rear elevation of the dwelling hereby permitted shall be permanently fitted with obscured glass.

 

Reason:  In the interests of the residential amenities of the occupants of the adjacent dwellings and application site; in accordance with Policy CS12 of the Core Strategy (2013).

 

5

Prior to occupation of the dwelling hereby permitted details of new tree planting works shown on plan ref: 100 Rev A shall have been submitted to and approved in writing by the Local Planning Authority. These details shall include details of species, plant sizes and proposed numbers/densities where appropriate.

 

Planting works should be carried out prior to occupation of the dwelling permitted.

 

Any trees, hedges or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

                       

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 (2013).

 

 

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

 

 

207.

4/00182/19/FHA - SINGLE STOREY REAR EXTENSION - 1 CHANTRY VIEW, CHAPEL CROFT, CHIPPERFIELD, KINGS LANGLEY, WD4 9EH pdf icon PDF 2 MB

Additional documents:

Minutes:

Robert Freeman introduced the report to members on behalf of the Case Officer and said that the application had been referred to committee due to the contrary view of Chipperfield Parish Council.

 

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

 

Vote:

 

For: 9               Against: 1                    Abstained: 1

 

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 application form.

 

Reason: To ensure a satisfactory appearance to the development and in the interests of the visual amenities of the Conservation Area, in accordance with Core Strategy (2013) Policies CS12 and CS27 and Saved Policy 120 of the Local Plan (2004).

 

3

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

 

Location Plan

101

102

103

104

105

106

 

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

 

 

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 (paragraph 38) and in accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2015.

 

INFORMATIVE

 

The contaminated land record shows that the land is partly located on a former contaminated land use i.e. Ex-Ackwell Simmonds Yard and Smithy as well as been on a radon affected area where 3 - 5% of homes are above the action level. There is a possibility that this activity may have affected the application site with potentially contaminated material. Therefore, the developer is advised to keep a watching brief during ground works for any potentially contaminated material especially where the proposed development area has not been previously remediated. Should any such material be encountered, then the Council must be informed without delay, advised of the situation and an appropriate course of action agreed.

 

 

208.

Appeals pdf icon PDF 76 KB

Minutes:

That the following appeals were noted:

 

A.   LODGED

 

B.   WITHDRAWN

 

C.   FORTHCOMING INQUIRIES

 

D.   FORTHCOMING INQUIRIES

 

E.    DISMISSED

 

F.    ALLOWED