Agenda and draft minutes

Development Management - Thursday, 25th February, 2016 7.00 pm

Venue: Council Chamber

Contact: Katie Mogan  Member Support

Items
No. Item

200.

Minutes

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

Minutes:

The minutes of the meeting held on 04 February 2016 were confirmed by the Members present and were then signed by the Chairman.

201.

Apologies for absence

To receive any apologies for absence

Minutes:

Apologies were received from Councillor R Sutton, Conway and Tindall.

 

Councillor Mills substituted on behalf of Councillor R Sutton.

 

202.

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

Minutes:

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

203.

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.

 

Minutes:

Councillor D Collins reminded the members and public about the rules regarding public participation.

204.

4/03072/15/MFA - BOURNE END MILLS, UPPER BOURNE END LANE, HEMEL HEMPSTEAD, HP1 2UJ pdf icon PDF 489 KB

Additional documents:

Minutes:

R Herbert introduced the report and explained to the committee that this was a hybrid application which meant it is both a full and outline planning application. The outline application relates to the residential proposal and the full planning application is for the demolition of existing buildings and redevelopment of the site.

This is a new proposal from the ones previously refused on this site and the applicant has engaged proactively to achieve a mutually acceptable scheme.

Hannah Smith (agent) and Michael Pritchard (Bourne End Residents Association) spoke in support of the application.

It was proposed by Councillor Birnie and seconded by Councillor Maddern to delegate to the Group Manager with a view to approve once the unilateral undertaking has been agreed.

Vote

For: 12             Against: 0                    Abstained: 0

Resolved

That planning permission be delegated to the Group Manager with a view to approve once the unilateral undertaking has been agreed 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

Application(s) for approval of reserved matters (namely layout, appearance, scale and landscaping) shall be made no later than three years beginning with the date of this permission and the development shall be commenced not later than 2 years from the final approval of the reserved matters or, in the case of approval of the reserved matters on different dates, the final approval of the last such matter to be approved.

 

Reason:  To comply with the provisions of Section 92 (2) of the Town and Country Planning Act 1990 and to ensure that there will be no greater impact on the Green Belt

 

3

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

Proposed Demolition and Party Wall Elevation (3860-36-A);

Existing and Proposed Site Sections (3860-33-A);

Proposed Site Layout Employment (3860-37-A);

External Finished to Employment (3860-39-A);

Units 1+2 Floorplans (3860-50-A);

Units 1+2 Elevations (3860-51-A);

Units 1+2 Sections (3860-52-A);

Units 1+2 Roof Plan (3860-53-B);

Units 3+4 Floorplans (3860-60-A);

Units 3+4 Elevations (3860-61-A);

Units 3+4 Sections (3860-62-A);

Units 3+4 Roof Plan (3860-63-B);

Unit 5 Floorplans (3860-70-A);

Unit 5 Elevations (3860-71-A);

Unit 5 Sections (3860-72-A); and

Unit 5 Roof Plan (3860-73-A).

Street Furniture (RF15-249 D01);

General Arrangement (RF15-249 L01D);

Planting Strategy (RF15-249 L02D);

Site Sections 1 of 2 (RF15-249 L04B);

Site Sections 2 of 2 (RF15-249 L05B); and

ITM10013-GA-032 Rev B

Phasing Plan 3860-07 C

Design and Access Statement

Transport Assessment

Employment Framework Travel Plan

Residential Framework Travel Plan

Bat Survey Badger and Nesting Bird Survey

Flood Risk Assessment and Drainage Strategy

Landscape Assessment

CS29 Checklist

CPLAN Sustainability Statement

CPLAN Energy Statement

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

 

4

The development hereby approved should be carried out in accordance with  ...  view the full minutes text for item 204.

205.

4/03344/15/MFA - LAND ADJ APSLEY MILL COTTAGE, STATIONERS PLACE, APSLEY, HEMEL HEMPSTEAD, HP3 9RH pdf icon PDF 158 KB

Additional documents:

Minutes:

Application withdrawn from the agenda prior to committee meeting.

 

206.

4/02275/15/ROC - HEMEL HEMPSTEAD TOWN FOOTBALL CLUB, VAUXHALL ROAD, HEMEL HEMPSTEAD, HP2 4HW pdf icon PDF 214 KB

Additional documents:

Minutes:

N Gibbs introduced the report and said it had been brought to committee as it had been called in at the request of Councillor Tindall.

Councillors had concerns over the extended late hours and wanted to strike a balance between the needs of the community versus neighbour amenity.

The recommendation changed to delegate to the Group Manager to approve of 9am-11am opening hours but to discuss the extended evening hours with the applicant.

It was proposed by Councillor Ritchie and seconded by Councillor Maddern to grant the application in line with the new recommendation.

Vote

For: 11             Against: 1                    Abstained: 0

Resolved

That planning permission be GRANTED with a view to approve the morning hours only and subject to the following conditions:      

1

The existing acoustic fence between the astroturf pitch and the rear gardens of the dwellings in Vauxhall Road shall be retained at all times.

 

Reason: In the interests of safeguarding at all times the residential amenity of  the locality in accordance with the requirements of Policies CS12 and CS32 of the Dacorum Core Strategy.

 

2

The existing retractable net located between the astroturf pitch and the rear gardens in Vauxhall Road shall be retained at all times at its full height.

 

Reason: In the interests of safeguarding at all times the residential amenity of  the locality in accordance with the requirements of Policy CS12 of  the Dacorum Core Strategy.

 

3

The existing floodlighting shall be maintained with at all times fully in accordance with the Training Area Rev 4 and Rev 4 Spillage Charts dated 15 July 2010 details and including the lower level of luminance shown by Document 5 Rev 4 Parts 3.2 and 3.3 when the astroturf pitch floodlighting shall only be used for five-a-side football or local community recreational football.

 

Reason: In the interests of safeguarding the residential amenity of the area and the local environment in accordance with the requirements of Policies CS12 and CS32 of the Dacorum Core Strategy and Policy 113 and Appendix 8 of the saved Dacorum Borough Local Plan.

 

4

The existing car park shall be retained at all times fully in accordance with Drawing No 275-6-6 Rev C and shall only be used for the approved purposes. Before the accommodation block hereby permitted is first brought into use, the fire access, arrangements for access for persons with disabilities (for both the main pitch  through the relocated turnstile and the accommodation block) and the disabled parking spaces shown by Drawing No. 275-6-6 Rev C shall be provided at all times.

 

Reason: To ensure that there is an acceptable parking layout serving the site with due regard to the need to provide safe fire/emergency access and for persons with disabilities in accordance with the requirements of Policies CBS 8 and CS12 of  the Dacorum Core Strategy.  

 

 

5

Within 6 months of the date of this permission a Green Travel Plan shall be submitted to the local planning authority for its approval in  ...  view the full minutes text for item 206.

207.

4/03481/15/MFA - FLAUNDEN HOUSE STABLES, FLAUNDEN, HEMEL HEMPSTEAD, HP3 0PW pdf icon PDF 49 KB

Additional documents:

Minutes:

Councillor Riddick declared an interest in this item and left the room for the duration of the discussion and vote.

E Palmer introduced the report and said this was a resubmission from an application that was refused in August. It had come to the committee due to the contrary views of Flaunden Parish Council.

Chris Watts spoke in support of the application.

Parish Councillor Vivienne Adams and Ian McAleer spoke in objection to this application.

Councillor Barnes in his role as Ward Councillor spoke in objection to this application.

The members were concerned that there was no provision for storage of hay and equestrian equipment on the site. There was a concern that additional buildings would be required to maintain the use on site as two of the buildings were proposed to be converted to residential. The members asked for further information to be made available in order for them to assess the application.


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

Vote

For: 2               Against: 6                    Abstained: 3

Having there been no majority to grant this application in line with the officer’s recommendation, it was proposed by Councillor C Wyatt-Lowe and seconded by Councillor Ritchie that the officer’s decision be overturned and the application be deferred pending further discussions with the applicant.

Vote

For: 8               Against: 2                    Abstained: 1

Resolved

That the application be DEFERRED to a future meeting of the Development Control Committee pending further discussions with the applicant and to reassure the committee the equestrian use would be rigorously pursued.

 

208.

4/03985/15/ROC - 27 HALL PARK GATE, BERKHAMSTED, HP4 2NL pdf icon PDF 391 KB

Additional documents:

Minutes:

J Seed introduced the report and said it had been brought to committee due to the contrary views of Berkhamsted Town Council.

Garrick Stevens and Dawn Macey spoke in objection to this application.

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

Vote

For: 6               Against: 2                    Abstained: 4

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

No development shall take place until samples of the materials to be used in the construction of the external surfaces of the building hereby permitted have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details.

 

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

 

3

No development 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:

 

·        proposed finished levels;

·        means of enclosure;

·        hard surfacing materials;

·        proposed trees;

·        shrubs; and

·        hedgerow planting.

 

 

Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area; in accordance with policies CS11 and CS12 of the Core Strategy (20130).

 

4

All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with a programme agreed with the local planning authority.

 

Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area; in accordance with policies CS11 and CS12 of the Core Strategy (2013).

 

5

In this condition “retained tree” means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs (i) and (ii) below shall have effect until the expiration of 5 years from the date of the occupation of the building for its permitted use.

 

i) No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped other than in accordance with the approved plans and particulars, without the written approval of the local planning authority. Any topping or lopping approved shall be carried out in accordance with British Standard 3998 (Tree Work).

 

ii) If any retained tree is removed, uprooted or destroyed or dies, another tree shall be planted at the same place and that tree shall be of such size and species, and shall be planted at such time,  ...  view the full minutes text for item 208.

209.

4/04042/15/FUL - KINTAIL HOUSE, BOX LANE, HEMEL HEMPSTEAD, HP3 0DJ pdf icon PDF 900 KB

Additional documents:

Minutes:

T Gabriel introduced the item and advised that it had been called in at the request of Councillor Riddick.

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

Vote

For: 7               Against: 2                    Abstained: 3

Resolved

The planning permission be GRANTED subject to the following conditions:

1

The hours of opening for the clinic shall be;

 

Tuesday      12.40pm - 6.20pm

Wednesday   9.00am - 3.00pm

Thursday     1.00pm - 7.00pm

Friday         9.00am - 4.00pm

Saturday      9.00am - 1.00pm

 

The clinic shall not operate on Sundays, Bank Holidays and Public Holidays.

 

Reason:  In the interests of the amenities of the occupants of neighbouring dwellings and for the avoidance of doubt.         

 

2

The permission hereby granted shall only refer to the rooms shaded pink on the ground floor plan of the dwelling submitted with the application.

 

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

 

3

The use hereby permitted shall be carried out only by Ms Lisa Greig as the owner of the property and the chiropractic clinic there and by no other named individual. In the event that Ms Lisa Greig is not the owner of the property, the part D1 business use of the site shall cease.

 

Reason:  Permission would not normally be granted but regard has been paid to the particular circumstances of the applicant and the ancillary nature of the use.

 

 

 

210.

4/03464/15/FUL - LAND REAR OF 126-132 GEORGE STREET, BERKHAMSTED, HP4 2EJ pdf icon PDF 433 KB

Additional documents:

Minutes:

T Amlak introduced the report and said it was brought to committee due to the contrary views of Berkhamsted Town Council and residents.

Charlotte O’Mahony (agent) spoke in support of the application.

Town Councillor Ian Reay spoke in objection to the application.

Nathan Holmes and Anna Franklin spoke in objection to the application.

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

Vote

For: 2               Against: 8                    Abstained: 2

Having there been no majority to grant this application in line with the officer’s recommendation, it was proposed by Councillor Ritchie and seconded by Councillor Matthews that the officer’s decision be overturned and the application be refused.

Vote

For: 8               Against: 2                    Abstained: 2

Resolved

That the planning application be REFUSED for the following reasons:

The proposed residential development, by virtue of its cramped appearance and inappropriate site layout is considered to be an overdevelopment of the site, which would be harmful to the character and appearance of the street scene and would fail to preserve or enhance the character and appearance of this part of the Berkhamsted Conservation Area.  The proposal therefore fails to meet the requirements of Policies CS11, CS12 and CS27 of the Dacorum Core Strategy.

 

211.

4/03729/15/FHA - 6 THE BEECHES, TRING, HP23 5NP pdf icon PDF 420 KB

Additional documents:

Minutes:

E Palmer introduced the report and said it had been brought to committee due to the contrary views of Tring Town Council.

Elizabeth Brinklow spoke in support of the application.

Ken Newell and Anna Gleig spoke in objection to this application. 

One of the Councillors had walked up and down The Beeches and felt that despite there being some variety in the design and size of dwellings, the proposal would be large and prominent and therefore have an impact on the street scene.

Members were also concerned by the following:

·         the proposal would be overbearing for both No. 7 and 5 The Beeches;

·         the proposal would not be in character with the street scene;

·         the proposal would result in a doubling in size of the dwelling;

·         the proposal was not much smaller than the one previously refused.

 

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

Vote

For: 2               Against: 7                    Abstained: 3

Having there been no majority to grant this application in line with the officer’s recommendation, it was proposed by Councillor Mills and seconded by Councillor Maddern that the officer’s decision be overturned and the application be refused.

Vote

For: 8               Against: 0                    Abstained: 4

Resolved

That planning permission be REFUSED for the following reason:

The proposed extensions fail to integrate with the streetscape character and fail to respect the adjoining properties in terms of scale, height and bulk.  In addition the development will result in an overbearing impact on No. 5 and 7 The Beeches.  The 6% reduction in scale from the last application is not sufficient.  As such the development is contrary to Policy CS11 and CS12 of the Adopted Core Strategy and inappropriate in terms of the requirements of Appendix 3 of the saved Dacorum Borough Local Plan. 

 

 

212.

4/00082/16/FUL - WIXIES WOOD, MARLIN HILL, HASTOE, HP23 6LW pdf icon PDF 748 KB

Additional documents:

Minutes:

Councillor Ritchie declared a personal interest in this application as is knows the family of the applicant.

Councillor D Collins declared a personal interest in this application as a member of the Chiltern Conservation Board.

They both reserved their right to speak and vote thereon.

The item was introduced by T Gabriel who stated that it had been brought to committee due to the contrary views of Tring Town Council.

Adam Hall spoke in support of the application.

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

Vote

For: 9               Against: 1                    Abstained: 2

Resolved

That planning permission be GRANTED subject to the following conditions:

1

Within one month of the date of this permission, a plan indicating a series of openings and their size to be made in the bottom of the fence shall be submitted to and approved in writing by the Local Planning Authority. These openings shall be inserted within two months of the date of their approval and retained as approved thereafter unless otherwise agreed in writing.

 

Reason: To permit the movement of wildlife around and through the fence in the interests of their wellbeing and to accord with Policy CS26 of the Core Strategy.   

 

213.

Appeals pdf icon PDF 60 KB

Minutes:

The following appeals were noted:

  1. Lodged
  2. Dismissed
  3. Allowed

S Whelan drew the members’ attention to the appeal from Doctors Commons Road where costs were awarded against the Council as members failed to produce sufficient evidence to substantiate the reason for refusing permission.