Agenda and draft minutes

To confirm the minutes of the previous meeting held on Thursday 25^th February 2016.

The minutes of the meeting held on 25 February 2016 were confirmed by the Members present and were then signed by the Chairman.

Councillor D Collins announced that he would change the order of the applications being considered.  The applications are minuted in the order they were considered.

An addendum to the agenda was circulated before the meeting.  A copy of the addendum can be found on the DBC website on the following link:

https://democracy.dacorum.gov.uk/ieListDocuments.aspx?CId=159&MId=213

To receive any apologies for absence

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

Councillor P Hearn substituted on behalf of Councillor Whitman and Councillor Bateman substituted on behalf of Councillor Matthews.

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

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

An opportunity for members of the public to make statements or ask questions in accordance with the rules as to public participation.

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.

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

N Gibbs introduced the report and informed members of the additional representations received in the addendum and gave a summary of the letter received from the residents’ legal representative. It has been referred to the committee at the request of Councillor Adam Barnes, the level of public interest and that the recommendation is contrary to the views of Chipperfield Parish Council.

Councillor Bateman arrived at 7.20pm and therefore took no part in the voting of this item and 4/03696/15/FUL and 4/03857/15/FUL

Members questioned the ownership of the land and the validity of the 1956 planning permission.

S Whelan said the planning permission is still valid and there were no time limits in 1956. A certificate of lawfulness was granted in 2012.

C Gaunt explained the legal situation to members with regards to the Counsel’s opinion and set out the law in terms of the application of the fall-back position. When making a decision, Members must view the fall-back position as a material consideration and consider the weight to be given to the fall-back position.

Andrew Wright spoke in support of this application.

Caroline Hargrove and Jane Whittles spoke in objection to this application.

Councillor Barnes in his role as Ward Councillor addressed the meeting objecting to the application.

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

Vote

For: 11             Against: 0                    Abstentions: 1

Resolved

That planning permission be REFUSED due to the following reasons:

The proposal is considered to be inappropriate development in the Green Belt which results in harm to the openness of the Green Belt. No very special circumstances have been put forward which outweigh the harm by reason of inappropriate development.  As such, the proposal would significantly harm the current and lawful openness of a substantial area of land within the Green Belt, failing to meet the expectations of the National Planning Policy Framework and Policy CS5 of the adopted Dacorum Core Strategy.

N Gibbs introduced the report and informed members of the additional representations received in the addendum and gave a summary of the letter received from the residents’ legal representative. It has been referred to the committee at the request of Councillor Adam Barnes, the level of public interest and that the recommendation is contrary to the views of Chipperfield Parish Council.

Andrew Wright spoke in support of the application.

Caroline Hargrove and Jane Whittles said they support the officer’s recommendation.

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

Vote

For: 11             Against: 0                    Abstentions: 1

Resolved

That planning permission be REFUSED due to the following reason:

N Gibbs introduced the report and informed members of the additional representations received in the addendum and gave a summary of the letter received from the residents’ legal representative. It has been referred to the committee at the request of Councillor Adam Barnes, the level of public interest and that the recommendation is contrary to the views of Chipperfield Parish Council.

Andrew Wright spoke in support of the application.

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

Vote

For: 11             Against: 0                    Abstentions: 1

Resolved

That planning permission is REFUSED due to the following reason:

Councillor Guest declared a personal interest in this item as she is a client of the speaker in objection. Councillor Guest reserved her right to speak and vote thereon.

E Palmer introduced the report and stated that it was referred to the committee due to the level of public interest (submission of two petitions) and the fact that the site is owned by Dacorum Borough Council.

Assan Khan spoke in support of this application.

Linda Sims and Ali Komur spoke in objection to this application.

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

Vote

For: 9               Against: 0                    Abstentions: 4

Resolved

That determination of the application be DELEGATED to the Group Manager, Development Management and Planning with a view to approval subject to the expiry of the consultation period and no additional material considerations being raised. 

T Rennie introduced the report and said it had been referred to committee as it is on Council owned land and Dacorum Borough Council is the applicant.

This application if approved will be a part of the Maylands regeneration scheme.

Councillor Tindall asked if the construction management plan could prohibit construction vehicles from delivering to the site in peak hours.

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

Vote

For: 12             Against: 0                    Abstained: 1

Resolved

To delegate with a view to APPROVE, subject to the agreement of the S106 Agreement and subject to the following conditions:

1. That the following Heads of Terms for the planning obligation, or such other terms as the Committee may determine, be agreed:

·         Affordable Housing                                               100%

·         Bus stop easy access kerbing                  £8, 000

·         Bus stop in-shelter screens             £8,000

J Reid introduced the report and has been referred to committee as Dacorum Borough Council is both the applicant and land owner. J Reid stated that this was a full planning application whereas the previous application was outline permission.

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

Vote

For: 11            Against: 0                    Abstentions: 2

Resolved

Delegate with a view to APPROVE subject to completion of S106 agreement and imposition of two additional conditions (below):

Condition 1

Prior to the commencement of the development a scheme for the management of a minimum four metre buffer zone alongside the deculverted and naturalised River Gade shall be submitted to and agreed in writing by the local planning authority. Thereafter the development shall be carried out in accordance with the approved scheme and any subsequent amendments shall be agreed in writing with the local planning authority.

The scheme shall include:

• Details of the design of the deculverted and naturalised river channel;

• Details of the native species planting scheme;

• Details demonstrating how the watercourse and associated buffer zone will be managed and maintained over the longer term to enhance the ecological value.

Condition 2

The development permitted by this planning permission shall be carried out in accordance with the submitted Flood Risk Assessment (Waterco, Ref: w3160-151006-FRA, October 2015) and the mitigation measures outlined within.

Information should also be provided to:

• Show an open channel watercourse that meets the flood risk requirements and maximises the environmental characteristics.

• Demonstrate that protection and maintenance of the existing flood defence canal boundary wall will be provided.

The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.

The following appeals were noted:

1.    Lodged

2.    Dismissed