Agenda and draft minutes

Development Management
Thursday, 25th July, 2019 7.00 pm

Venue: Council Chamber, The Forum. View directions

Contact: Corporate and Democratic Support  01442 228209

Items
No. Item

237.

Minutes pdf icon PDF 182 KB

To confirm the minutes of the previous meeting.

Minutes:

The minutes of the meetings held on 28 May and 4 July were confirmed by the Members present and were then signed by the Chairman.

238.

Apologies for absence

To receive any apologies for absence

Minutes:

Apologies for absence were received from Councillor Maddern.

 

Apologies for lateness were received from Councillor Oguchi.

 

Councillor Oguchi arrived at 7:29pm.

239.

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.

240.

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 Members and the public about the rules regarding public participation as follows:

 

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.

 

241.

4/01866/18/FUL - DEMOLITION OF EXISTING BUILDINGS AND CONSTRUCTION OF FIVE 4 BEDROOM DETACHED DWELLINGS WITH ASSOCIATED LANDSCAPING AND ACCESS - 57 SOUTH PARK GARDENS, BERKHAMSTED, HP4 1HZ pdf icon PDF 253 KB

Additional documents:

Minutes:

Councillor Guest said that the application had been deferred.

 

Philip Stanley said that this was because they were awaiting points of technical clarification which they did not currently have.

 

242.

4/02934/18/MFA - DEMOLITION OF EXISTING BUILDINGS AND REDEVELOPMENT OF THE LAND FOR 17 RESIDENTIAL APARTMENTS WITHIN A MANSION BLOCK WITH ASSOCIATED, VEHICULAR ACCESS, CAR PARKING, LANDSCAPING AND ENGINEERING WORKS. - THE OLD ORCHARD, SHOOTERSWAY, BERKHAMSTED, HP4 3NG pdf icon PDF 1 MB

Additional documents:

Minutes:

Councillor Oguchi arrived at 7:29pm and, therefore, did not participate or vote on Item 5b.

 

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

 

Berkhamsted Town Councillor Anthony Armytage spoke in objection of the application.

 

Alun Evans spoke in support of the application.

 

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

 

Vote:

 

For: 2                           Against: 4                    Abstained: 3

 

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

 

It was proposed by Councillor Riddick and seconded by Councillor Symington to REFUSE the application on the grounds that the application site forms part of the wider housing allocation of LA4 within the Core Strategy which, together with other matters, requires the delivery of 40% affordable housing. The proposed development does not make any provision for the delivery of affordable housing either upon the site or as part of the comprehensive development of the Site Allocation. As such the proposed development would be contrary to Policies CS19 and LA4 of the Dacorum Borough Core Strategy (September 2013), the Site Allocations Development Plan Document and the Local Allocation LA4 Masterplan SPD (July 2017).

 

The proposed access and parking arrangements/provision for the site would be inadequate to provide for safe and inclusive access to the site, taking into account the distance of the site to public transport connections and the town centre. Furthermore, the location of the access onto Shootersway is not considered to be practical or safe, especially when taken together with the cumulative arrangement of site accesses and recent development in the locality, and as such would result in significant harm to matters of highways safety. As such the proposals would be contrary to Policies CS8 (f) and (h), CS9 and CS12 (a) and (b) of the Dacorum Borough Core Strategy (September 2013), Saved Policy 51 and Appendix 5 of the Dacorum Borough Local Plan (1991-2011) and the Local Allocation LA4 Masterplan SPD (July 2017).

 

The proposed development, in view of its scale, bulk, density and design, in particular its three-storey height and coverage across the site, is considered to result in the over development of the site. The resulting building would be harmful to the character and appearance of the site and would dominate and be out of character with the area in which it would be situated. As such the proposals would be contrary to Policies CS10, CS11 and CS12 (f) and (g) of the Dacorum Borough Core Strategy (September 2013), and the Supplementary Planning Guidance ‘Area Based Policies’ (May 2004) for Residential Character Area BCA 12: Shootersway.

 

Vote:

 

For: 4                           Against: 1                    Abstained: 4

 

Resolved: That planning permission be REFUSED.

 

Item 5e and Item 5f were heard next as they had members of the public speaking on the applications.

 

The meeting adjourned at 9:00pm.

 

The meeting reconvened  ...  view the full minutes text for item 242.

243.

4/01116/19/ROC - VARIATION OF CONDITIONS 12 (FLOOD RISK ASSESSMENT),19 (CONSTRUCTION PHASE MITIGATION MEASURES), 20 (NOISE MITIGATION) AND 26 (APPROVED PLANS) ATTACHED TO PLANNING PERMISSION 4/00064/17/MFA (COMPREHENSIVE REDEVELOPMENT OF THE SITE TO PROVIDE 54,714 SQM OF FLEXIBLE COMMERCIAL FLOORSPACE WITHIN USE CLASSES B1C / B2 / B8 AND ANCILLARY OFFICES, TOGETHER WITH CAR AND CYCLE PARKING, ACCESS AND LANDSCAPING) - MAYLANDS GATEWAY, MAYLANDS AVENUE, HEMEL HEMPSTEAD pdf icon PDF 853 KB

Additional documents:

Minutes:

The Case Officer, Simon Dunn Lwin, introduced the report to Members and said that the application had been referred to committee as it is a Large Scale Major Development which is linked to proposed planning obligation under S.106.

 

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

 

Vote:

 

For: 9                           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 development hereby permitted shall be constructed in accordance with the materials specified on the approved drawings to match those approved by the local planning authority under reference 4/01313/18/DRC or such other materials as may be agreed in writing by the local planning authority.

 

Reason:  To ensure a satisfactory appearance to the development to accord with adopted Core Strategy Policy CS12.

 

 

3

All hard and soft landscape works shall be carried out in accordance with the details approved by the local planning authority under reference 4/02568/17/DRC and the approved landscape works shall be carried out prior to the first occupation of any part of the development hereby permitted.

 

Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area to accord with adopted Core Strategy Policy CS12.

 

4

No part of the development hereby permitted shall be occupied prior to the implementation of the public footpath to be constructed in accordance with the details approved by the local planning authority under reference 4/02567/17/DRC and shown on Drawing No. A01-002 Rev P02 and A01-003 Rev P02.

 

Reason:  To ensure a satisfactory appearance to the development and to safeguard local footpath connections in the immediate area, to accord with adopted Core Strategy Policies CS8, CS12 and CS13.

 

 

5

All work shall be carried out in accordance with B.S.3998:2010 "Tree Work  Recommendations".

 

 

Reason:  To ensure a satisfactory standard of tree work in accordance with the aims of Policy 99 of the Dacorum Borough Local Plan 1991 - 2011.

 

6

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 development and to safeguard the visual character of the immediate area in accordance with adopted Core Strategy Policy CS12.

 

 

7

A landscape management plan for the long term design objectives, management responsibilities  ...  view the full minutes text for item 243.

244.

4/00070/19/FUL - PART TWO STOREY, PART FIRST FLOOR SIDE/REAR EXTENSION AND CONVERSION INTO TWO 3-BED DWELLINGS - 34 GREEN DELL WAY, HEMEL HEMPSTEAD, HP3 8PX pdf icon PDF 52 KB

Additional documents:

Minutes:

Sally Robbins introduced the report to Members on behalf of the Case Officer and said that the application had been referred to committee as it had been called in by Councillor Sutton on the grounds of visual amenity, insufficient parking and danger to highway safety.

 

It was proposed by Councillor Durrant and seconded by Councillor Beauchamp to DELEGATE the application WITH A VIEW TO APPROVAL in line with the officer’s recommendation.

 

Vote:

 

For: 8                           Against: 1                    Abstained: 1 

 

Resolved: That planning permission be DELEGATED WITH A VIEW TO APPROVAL subject to the completion of a Unilateral Undertaking and 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 2013.

 

3

Prior to the occupation of the additional 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 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;

proposed finished levels or contours;

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

 

The approved landscape works shall be carried out in accordance with the agreed details and thereafter maintained as such.

                       

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.

 

4

The development hereby permitted shall not be occupied until the arrangements for vehicle parking shown on Drawing No. 0795/PL01 B shall have been provided, and they shall not be used thereafter otherwise than for the purposes approved.

 

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

 

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) 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, and F

 

Reason:  To enable the local planning authority to retain control over the development in the interests of safeguarding the residential  ...  view the full minutes text for item 244.

245.

4/00755/19/FHA - ENCLOSED OUTDOOR SEATING AREA - 28 SILVERTHORN DRIVE, HEMEL HEMPSTEAD, HP3 8BU pdf icon PDF 236 KB

Additional documents:

Minutes:

The Case Officer, Will Collier, introduced the report to Members and said that the application had been referred to committee as the recommendation is contrary to parish objection.

 

Marta Thomas spoke in objection of the application.

 

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

 

David Conway spoke in support of the application.

 

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

 

Vote:

 

For: 9                           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 development hereby permitted shall be carried out in accordance with the following approved plans/documents:

 

DA-BR 001-A3-REV B

DA-PL/005 02 REV B

DA-PL 006 REV A

DA-PL/008 02 REV B

DA-PL/009 02 REV C

 

DESIGN AND ACCESS STATEMENT July 2019

NOISE REPORT (Ref 297479-02(00) July 2019)

 

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

 

 

3

There shall be no use of the enclosed outdoor seating area before the full implementation of the noise mitigation measures specified in the RSK report 'Enclosed Outdoor Seating Area' - 28 Silverthorn Drive Noise Assessment 297479-02(00) July 2019. Mitigation measures shall be implemented in accordance with Plan DA-PL009-02-REV-B Proposed elevations which include a double-brick wall up to ceiling level with an acoustic absorbent material along the cavity, extended along the length of the southern (boundary facing No. 26) and eastern sides of the structure; and shall be retained thereafter.

 

Reason: To mitigate harm from noise associated with the outdoor seating area in accordance with Policy CS32 of the adopted Dacorum Borough 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) no development falling within the following classes of the Order shall be carried out on the development hereby permitted (outdoor seating area) without the prior written approval of the local planning authority:

Schedule 2 Part 1 Class A, B, C and G

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.

 

 

5

The external brickwork of the proposed cavity walls on the southern and eastern elevations shall be of a similar appearance in size, colour and texture the existing external brickwork on the northern elevation of the structure.

 

Reason:  To ensure a satisfactory appearance to the development.

 

 

Article 35 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  ...  view the full minutes text for item 245.

246.

4/01327/19/FUL - CONSTRUCTION OF 3 X TWO BEDROOM DWELLINGS INCLUDING WIDENING OF THE ACCESS ROAD AND ASSOCIATED PARKING, AMENITY SPACE AND REFUSE STORAGE - LAND ADJACENT 35-36 WEST DENE, GADDESDEN ROW, HEMEL HEMPSTEAD, HP2 6HU pdf icon PDF 634 KB

Additional documents:

Minutes:

The Case Officer, Sally Robbins, introduced the report to Members and said that the application had been referred to committee as it was a Dacorum Borough Council scheme and was contrary to the view of the Parish Council.

 

Panagiotis Velentzas spoke in objection of the application.

 

Mr. Mark Longworth spoke in support of the application.

 

It was proposed by Councillor Durrant and seconded by Councillor Wyatt-Lowe to DELEGATE the application WITH A VIEW TO APPROVAL in line with the officer’s recommendation.

 

Vote:

 

For: 5                           Against: 3                    Abstained: 2 

 

Resolved: That planning permission beDELEGATED with a VIEW to APPROVAL subject to the completion of a planning obligation under Section 106 of the Town and Country Planning Act 1990 and 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

No development shall take place until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority. Thereafter the construction of the development shall only be carried out in accordance with the approved Plan. The Construction Management Plan shall include details of:

 

a. Construction vehicle numbers and type

b. Access arrangements to the site

c. Traffic management requirements

d. Construction and storage compounds (including areas designated for car parking, loading / unloading and turning areas)

e. Cleaning of site entrances, site tracks and the adjacent public highway

f. Timing of construction activities (including delivery times and removal of waste) and to avoid school pick up/drop off times

g. Provision of sufficient on-site parking prior to commencement of construction activities

h. Post construction restoration/reinstatement of the working areas

i. where works cannot be contained wholly within the site a plan should be submitted showing the site layout on the highway including extent of hoarding, pedestrian routes and remaining road width for vehicle movements.

 

Reason: In order to protect highway safety and the amenity of other users of the public highway and rights of way in accordance with Policies 5, 12, 17 and 22 of Hertfordshire's Local Transport Plan (adopted 2018) and Policies CS8 and CS12 of the Core Strategy (2013).

 

3

No development other than groundworks and site clearance shall take place until details of hard landscaping and boundary treatment have been submitted to and approved in writing by the local planning authority. These details shall include:

 

- Hard surfacing materials

- Means of enclosure

 

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 and in the interests of the visual amenities of the Chilterns Area of Outstanding Natural Beauty, in accordance with Policies CS12 and CS24 of the Core Strategy (2013).

 

4

Prior  ...  view the full minutes text for item 246.

247.

4/00954/19/RET - RESTORE AND DOUBLE GLAZE ORIGINAL SASH WINDOWS - 18 KITSBURY ROAD, BERKHAMSTED, HP4 3EG pdf icon PDF 1 MB

Additional documents:

Minutes:

Philip Stanley 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 views of Berkhamsted Town Council.

 

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

 

Vote:

 

For: 9                           Against: 0                    Abstained: 1 

 

Resolved: That planning permission be GRANTED.

 

248.

Appeals pdf icon PDF 80 KB

Minutes:

That the following appeals were noted:

 

A.   LODGED

 

B.   WITHDRAWN

 

C.   FORTHCOMING INQUIRIES

 

D.   FORTHCOMING INQUIRIES

 

E.    DISMISSED

 

F.    ALLOWED

 

249.

Quarterly Enforcement Report pdf icon PDF 95 KB

Minutes:

Olivia Stapleford went through the Quarterly Enforcement Report and noted a number of items.

 

Councillor Riddick queried a number of items which Olivia Stapleford and Philip Stanley answered.