Agenda and draft minutes

Development Management - Thursday, 15th October, 2015 7.00 pm

Venue: Council Chamber, The Forum. View directions

Contact: Katie Mogan  Member Support

Items
No. Item

28.

Minutes

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

Minutes:

The minutes of the meeting held on 24 September 2015 were confirmed by the Members present and were then signed by the Chairman

29.

Apologies for absence

To receive any apologies for absence

Minutes:

Apologies were received from Councillor Matthews, Tindall and C Wyatt-Lowe

 

Councillor Mrs Bassadone substituted for Councillor C Wyatt-Lowe and Councillor P Hearn substituted for Councillor Matthews

30.

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 complete the pink interest sheet which will be made available at the meeting and then hand this to the Committee Clerk at the meeting

31.

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

Noon the day of the meeting

 

You need to inform the council in advance if you wish to speak by contacting Member Support on Tel: 01442 228221 or by email: Member.support@dacorum.gov.uk

 

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 Control 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.

 

32.

Index to planning applications pdf icon PDF 44 KB

33.

4/02611/15/ROC - SAPPI GRAPHICS, LOWER ROAD, NASH MILLS, HEMEL HEMPSTEAD, HP3 9XF pdf icon PDF 179 KB

Additional documents:

Minutes:

The item was introduced by B Curtain as the relevant case officer. She advised that the application had come in front of the committee because of an objection by Nash Mills Parish Council on grounds of loss of privacyto a neighbouring site.

 

Nicola Broderick spoke in support of the application. The modifications to the application allows for some views from the terrace that were previously being obscured.

 

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

 

Voting:

 

For: 12   Against: 0     Abstentions: 1

 

Resolved:

 

That planning permission be GRANTED subject to the following 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

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

 

14/014/07A - Block ABC fourth floor

14/014/08A - Block ABC fifth floor

14/014/14A - Block DEF Third Floor

14/014/15A - Block DEF fourth Floor

14/014/18A - Elevations

14/014/20A - Elevations

14/014/21A - Privacy Screen Elevations

14/014/22A- Screen Detail

 

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

 

 

 

 

34.

4/02578/15/FUL - BLUE COURT, 1 CHURCH LANE, KINGS LANGLEY, WD4 8JP pdf icon PDF 292 KB

Additional documents:

Minutes:

DECISION

 

Chair has agreed to defer to the next DCC in order to provide more information regarding the previous consideration of the tree at the TPO committee and to provide further details regarding potential compensation.

35.

4/02579/15/LBC - BLUE COURT, 1 CHURCH LANE, KINGS LANGLEY, WD4 8JP pdf icon PDF 316 KB

Additional documents:

Minutes:

DECISION

 

Chair has agreed to defer to the next DCC in order to provide more information regarding the previous consideration of the tree at the TPO committee and to provide further details regarding potential compensation.

36.

4/02261/15/FUL - 1 SOUTH BANK ROAD, NORTHCHURCH, BERKHAMSTED, HP4 1LL pdf icon PDF 137 KB

Additional documents:

Minutes:

B Curtain introduced the report as the relevant case officer. She advised that the application had come before the committee because of an objection by Northchurch Parish Council. Whilst the Parish Council do not object to the dwelling itself, they object to the retention of the vehicular access onto New Road.

 

Members raised points concerning the access point and the frequency of children using this bridge as a route to the local school. Members were advised by the case officer that Herts Highways have not objected to the access of this property and this was already an existing problem, not one that would be caused by the new dwelling.

 

Mr Stephen Blowers spoke in support of this application and raised the following points:

·         The applicants had made every effort to produce a building that was appropriate for the area and one that could enhance the surrounding area.

·         There is a level parking space to address future mobility issues which is why the access is not on South Bank Road.

 

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

 

Voting:

 

For: 12    Against: 0      Abstentions: 1

 

Resolved:

 

That planning permission be GRANTED subject to the following 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

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

 

A (3d) A3-001 Rev D - Concept 3d views

A (3d) A3-005 Rev B - Concept 3d views

A (GA) A0-001 Rev A - Location - Block Plans

A (GA) A0-100 Rev c - Proposed Floor Plans

A (GA) A0-110 Rev B - Roof - Site Plan

A (GA) A0-400 Rev B - SE Elevation

A (GA) A0-402 Rev B - SW Elevation

A (GA) A0-403 Rev B - NE Elevation

A (GA) A0-404 Rev B - NW Elevation

 

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

 

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, and D

 

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

Prior to the first occpation of the dwelling hereby approved 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  ...  view the full minutes text for item 36.

37.

4/02681/15/FUL - 129 MARLINS TURN, HEMEL HEMPSTEAD, HP1 3LW pdf icon PDF 476 KB

Additional documents:

Minutes:

The item was introduced by E Whittredge as the relevant case officer. She advised that the applicant was referred to the committee because it had been called in by a ward councillor. A previous application was rejected because of its negative impact on the street scene and it is considered that these issues have now been addressed in the new application.

 

Members raised their concerns about not being able to see any significant changes between the plans that were refused last time and the ones proposed on this item.

 

Councillor Whitman left the room at 7.35pm and took no part in the voting of this item

 

Mr Doug Stanley spoke in support of this application. He raised the following points:

·         There was a similar development in the street

·         Adequate parking facilities will be provided so it should not exacerbate the problems already experienced by residents.

·         Marlins Turn has a sufficient variation of house designs so the development proposed would have no significant impact on the street scene.

·         There is a shortage of affordable housing and this development satisfies this need.

 

Councillor Roger Taylor in his role as a Dacorum Borough Councillor addressed the meeting objecting to the application. Councillor Taylor raised concerns over the distance between properties, the paving over of the front garden to create a parking facility and issues regarding the size of the planned parking space.

 

Councillor Whitman returned at 7.37pm

 

It was proposed by Councillor Guest and seconded by Councillor P Hearn to grant the application in line with the officer’s recommendation.

 

Voting:

 

For: 6     Against: 5       Abstentions: 1

 

Resolved:

 

That planning permission be GRANTED subject to the following 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

The materials to be used in the construction of the external surfaces of the dwelling and 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.

 

3

Notwithstanding the parking arrangements shown on the plans hereby permitted, the new dwelling shall not be occupied until parking arrangements showing two off-street parking spaces being provided for both the new dwelling and the existing dwelling shall have been provided in accordance with details submitted and approved in writing by the local planning authority, and they shall not be used thereafter for any purpose other than the parking of vehicles.

 

Reason:  To ensure the adequate and satisfactory provision of off-street vehicle parking facilities.

 

4

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995  (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  ...  view the full minutes text for item 37.

38.

4/02599/15/FHA - 38 MEADOW ROAD, BERKHAMSTED, HP4 1EB pdf icon PDF 34 KB

Additional documents:

Minutes:

P Newton introduced the report on behalf of the relevant case officer stating the application had come to the committee because of an objection by the Berkhamsted Town Council.

 

Members were advised to delete “4/02762/15/FHA- Two storey side extension. Granted 16/09/15“ from the bottom of page 56. The above relates to 38 Meadow Road, Hemel Hempstead.

 

Mr Gary Cooper spoke in support of this application. He raised the following points:

·         Planned to restore a currently neglected property

·         Will remain a three bed house which does not involve any loss of light or privacy to neighbours.

·         Mr Cooper hoped that the professionalism of the contractors employed will reassure the concerned neighbour at number 40.

 

Ms Patricia Hearne spoke in objection to this application. She raised the following points:

·         Understood that the applicant has responded fully to all objections raised and that the construction of a basement is not a planning issue under current legislation.

·         Ms Hearne wished to record her serious concerns about possible damage and structural impact on her own property and had concerns about the foundations being recorded at 2.7m deep.

 

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

 

Voting:

 

For: 11   Against: 0     Abstentions: 2

 

Resolved:

 

That planning permission be GRANTED subject to the following 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.

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 compliance with the NPPF and Policy CS12 of the Core Strategy.

 

 

 

3

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

 

000

001

002

003

004

TW001

Construction Method Statement

 

Reason: For the avoidance of doubt and in the interests of proper planning in compliance with the NPPF and Policy CS12 of the Core Strategy.

 

Informatives

 

1. You are reminded that the proposal is likely to need agreement under the Party Wall Act

 

 

The Chair of the Committee decided to hear items 5.08 and 5.11 first due to the presence of public speakers.

 

39.

4/02853/15/FUL - MILLFIELD BUNGALOW, FRIENDLESS LANE, FLAMSTEAD, ST ALBANS, AL3 8DE pdf icon PDF 243 KB

Additional documents:

Minutes:

J Reid introduced the report and stated that the officer’s recommendation was to refuse the application. She stated the main consideration for members was the principle of replacing the dwelling in the Green Belt when it is larger than that the original dwelling. It is considering an inappropriate development within Green Belt land and the applicant must demonstrate special circumstances for planning permission.

 

Mr Andre Leigh spoke in support of this application. He raised the following points:

·         The new dwelling was granted planning permission in June and the new addition of a small basement is supported by neighbours and Flamsted Parish Council.

·         The use of the new basement will be to provide storage for water tanks and if planning permission was refused then there would be a negative impact on water supply for himself and also his neighbours. 

 

Having there been no proposer to grant this application in line with the officer’s recommendation, it was proposed by Councillor Birnie and seconded by Councillor Whitman that the officer’s decision be overturned and the application be granted.

 

Voting:

 

For: 11    Against: 0      Abstentions: 2

 

Resolved:

 

Officer’s recommendation overturned – application GRANTED subject to the following 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

All structures and buildings shown on submitted Topographical Survey dated December 2013 shall be demolished and the materials arising from demolition removed from the site prior to the first occupation of the replacement dwelling hereby permitted. Any buildings erected under permitted development which have been constructed prior to the implementation of this permission shall also be demolished and the materials permanently removed from the site. 

 

Reason:  In the interests of maintaining the open character of the Green Belt in accordance with policy CS5 of the Core Strategy and policy 23 of the local plan.

 

 

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,

 

Reason:  To enable the local planning authority to retain control over the development in the interests of safeguarding the openness of the green belt. The replacement dwelling has been permitted on the basis of very special circumstances in the Green Belt. Any further enlargement of the property would result in further harm to the openness of the Green Belt in accordance with policy CS5 of the core strategy and policy 23 of the local plan.

 

 

 

 

 

4          All trees and hedging shown for retention on approved plan D1354.3 M shall be retained and new planting shown on  ...  view the full minutes text for item 39.

40.

4/03002/15/RET - 21 BULBOURNE COURT, TRING, HP23 4TP pdf icon PDF 473 KB

Additional documents:

Minutes:

B Curtain introduced the report on behalf of the case officer. Members were advised that this was a retrospective planning application and had come before the committee because Tring Town Council consider the trellis to be dominant and the fencing out of keeping of the surrounding area.

 

Ms Ramirez spoke in support of the application stating the purpose of the fencing was to enclose the front garden so the family dog could play safely.

 

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

 

Voting:

 

For: 12     Against: 0   Abstentions: 1

 

Resolved:

 

That planning permission be GRANTED subject to the following conditions:

 

The landscaping works on the trellis hereby permitted shall be planted within one month of the permission hereby approved and maintained thereafter in accordance with the following approved plan:

 

CHM/3532/A1

 

Reason: For the avoidance of doubt and in the interests of proper planning and to ensure a satisfactory appearance to the development and to accord with adopted Core Strategy Policy CS12.

 

Article 31 Statement

 

Planning permission has been granted for this proposal. The Council acted pro-actively through positive engagement with the applicant during the determination process which led 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 2012.  

 

 

The Chair then returned to the remaining agenda items in order.

 

 

 

41.

4/02818/15/FHA - 18 HEMPSTEAD LANE, POTTEN END, BERKHAMSTED, HP4 2SD pdf icon PDF 102 KB

Additional documents:

Minutes:

J Reid introduced the report on behalf of the relevant case officer and advised members that this had been brought to the committee because of objections raised by Potten End Parish Council.

 

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

 

Voting:

 

For: 11   Against: 0   Abstentions: 2

 

Resolved:

 

That planning permission be GRANTED subject to the following 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.

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 compliance with the NPPF and Policy CS12 of the Core Strategy.

 

 

 

3.

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

 

CIL Form

Site Location Plan

Site Plan

556 SU 003

556 SU 002

556 SU 001

556 PL 011

556 PL 010

556 PL 002

 

Reason: For the avoidance of doubt and in the interests of proper planning in compliance with the NPPF and Policy CS12 of the Core Strategy.

 

4.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995  (or any Order amending or re-enacting that Order with or without modification) no windows, dormer windows, doors or other openings other than those expressly authorised by this permission shall be constructed without the prior written approval of the local planning authority.

 

Reason:  In the interests of the residential amenities of the occupants of the adjacent dwellings in compliance with the NPPF and Policy CS12 of the Core Strategy.

 

 

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 2012.

 

42.

4/03067/15/FUL - UNIT 12 LEISURE WORLD, JARMAN WAY, HEMEL HEMPSTEAD, HP2 4JW pdf icon PDF 3 MB

Additional documents:

Minutes:

The report was introduced by P Newton on behalf of the relevant case officer. The application has been referred to the Development Control Committee as Dacorum Borough Council own the site, although the operational use of the site complex is on a long lease.

 

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

 

 

Voting:

 

For: 12     Against: 0    Abstentions: 1

 

Resolved:

 

That planning permission be GRANTED subject to the following 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

The development hereby permitted shall be constructed in accordance with the materials specified on the approved drawings or such other materials as may be agreed in writing by the local planning authority.

 

Reason:  To ensure a satisfactory appearance to the development in accordance with CS12 of the Adopted Cores Strategy.

 

3

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

 

150075-D-001

150075-D-003

150075-D-004

150075-D-005

150075-D-006

150075-D-007

150075-D-008

 

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

 

Article 31

 

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 2012.  

 

43.

4/03077/15/FUL - 11-21, 23-33 & 35-45 DELLCUT ROAD, HEMEL HEMPSTEAD, HP2 5NG pdf icon PDF 121 KB

Additional documents:

Minutes:

The application was introduced by B Curtain as the relevant case officer. It has been referred to the committee as the buildings are council owned.

 

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

 

Voting:

 

For: 12     Against: 0     Abstentions: 1

 

Resolved:

 

That planning permission be GRANTED subject to the following 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

The development hereby permitted shall be constructed in accordance with the materials specified on the approved drawings or such other materials as may be agreed in writing by the local planning authority.

 

Reason:  To ensure a satisfactory appearance to the development and to comply with Policy CS12 of the Core Strategy.

 

 

3

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

 

site plan

location plan

15092-01

15092-02

15092-03

15092-04

15092-05

15092-06

 

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

 

 

 

44.

Appeals pdf icon PDF 58 KB

Minutes:

The following appeals were noted

 

1.         Lodged

2.         Forthcoming enquiries

3.         Allowed

45.

Exclusion of the public

7. EXCLUSION OF THE PUBLIC

 

To consider passing a resolution in the following terms: That, under s.100A (4) of the Local Government Act 1972 Schedule 12A Part 1, as amended by the Local Government (Access to Information) (Variation) Order 2006, the public be excluded during the items in Part II of the Agenda for this meeting, because it is likely, in view of the nature of the business to be transacted, that if members of the public were present during these items there would be disclosure to them of exempt information relating to:

 

46.

Addendum sheet pdf icon PDF 237 KB