Agenda and draft minutes

Development Management
Thursday, 5th September, 2019 7.00 pm

Venue: Council Chamber, The Forum. View directions

Contact: Corporate and Democratic Support  01442 228209

Items
No. Item

261.

Minutes pdf icon PDF 197 KB

To confirm the minutes of the previous meeting.

Minutes:

The minutes of the meetings held on 15 August were confirmed by the Members present and were then signed by the Chairman.

 

262.

Apologies for absence

To receive any apologies for absence

Minutes:

Apologies for absence were received from Councillor Symington.

Councillor Taylor substituted for Councillor Symington.

Apologies for lateness were received from Councillor Uttley and Councillor Oguchi.

Councillor Oguchi arrived at 7:07pm.

Councillor Uttley arrived at 7:24pm

263.

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.

 

264.

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.

 

Items on the Agenda were heard in the following order: 5b, 5c, 5d, 5g, 5a, 5e, 5f, prioritising those items with public speakers on to be heard first.

 

265.

4/02450/18/FUL - DEMOLITION OF EXISTING GARAGES AND CONSTRUCTION OF A 4-BED BUNGALOW AND SIX 2-BED FLATS WITH AMENITY SPACE AND OFF STREET PARKING - AMENITY LAND AND GARAGE SITE, LONG ARROTTS, HEMEL HEMPSTEAD pdf icon PDF 906 KB

Additional documents:

Minutes:

Councillor Oguchi declared her interest in Item 5a as she had engaged with residents regarding the application, however she said that she would be approaching the item with an open mind. She did, therefore, participate and vote on Item 5a.

Councillor Maddern declared her interest in Item 5a as she is a Scout Leader in Hemel Hempstead and there were Scout Leaders objecting to the application. She stated that she would be approaching the item with an open mind and, therefore, also participated and voted on Item 5a.

The Case Officer, Martin Stickley, introduced the report to Members and said that the application had been referred to the committee as it was of Council interest.

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

 

Vote:

 

For: 7                         Against: 1                    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

No development, shall take place until a Phase I Report to assess the actual or potential contamination at the site has been submitted to and approved in writing by the Local Planning Authority. If actual or potential contamination and/or ground gas risks are identified, further investigation shall be carried out and a Phase II report shall be submitted to and approved in writing by the local planning authority prior to the commencement of the development. If the Phase II report establishes that remediation or protection measures are necessary, a Remediation Statement shall be submitted to and approved in writing by the Local Planning Authority.

 

For the purposes of this condition:

 

A Phase I Report consists of a desk study, site walkover, conceptual model and a preliminary risk assessment. The desk study comprises a search of available information and historical maps which can be used to identify the likelihood of contamination. A simple walkover survey of the site is conducted to identify pollution linkages not obvious from desk studies. Using the information gathered, a 'conceptual model' of the site is constructed and a preliminary risk assessment is carried out.

 

A Phase II Report consists of an intrusive site investigation and risk assessment. The report should make recommendations for further investigation and assessment where required.

 

A Remediation Statement details actions to be carried out and timescales so that contamination no longer presents a risk to site users, property, the environment or ecological systems.

 

Reason: To ensure that the issue of contamination is adequately addressed and to ensure a satisfactory development, in accordance with Policy CS32 of the Dacorum Borough Core Strategy (2013).

 

3

All remediation or protection measures identified in the Remediation Statement referred to in Condition 2 above shall be fully  ...  view the full minutes text for item 265.

266.

4/01172/19/MFA - CHANGE OF USE FROM OFFICE (CLASS B1(A)) TO RESIDENTIAL (CLASS C3) AND UPWARD EXTENSION TO CREATE TWO ADDITIONAL LEVELS, TO PROVIDE 33 APARTMENTS COMPRISING 18 ONE-BEDROOM AND 15 TWO-BEDROOM DWELLINGS WITH ASSOCIATED CAR PARKING, BICYCLE AND REFUSE STORAGE - CHARTER COURT, MIDLAND ROAD, HEMEL HEMPSTEAD, HP2 5RL pdf icon PDF 1 MB

Additional documents:

Minutes:

Councillor Oguchi arrived at 7:07pm and, therefore, did not participate or vote on Item 5b.

Councillor Uttley arrived at 7:24pm and, therefore, also did not participate or vote on Item 5b.

Councillor Beauchamp declared his interest in Item 5b but stated that he had not pre-judged the application and would be approaching it with an open mind. He did, therefore, participate and vote on Item 5b.

The Case Officer, Sally Robbins, introduced the report to Members and said that the application had been referred to the committee as it had been called in by Councillor Beauchamp due to concerns with residential amenity, parking and overdevelopment.

John Cowley spoke in objection of the application.

Sam Galvin spoke in support of the application.

Councillor Beauchamp read out a statement.

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

There was an equality of votes for the Chairman exercised her casting vote and voted for the officer recommendation, so the application was granted.

Vote:

For: 5                          Against: 4                    Abstained: 0

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

No development shall take place until a Construction Traffic 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 Traffic 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. Post construction restoration/reinstatement of the working areas and temporary access to the public highway

h. 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 (2018) and Core Strategy (2013) Policy CS8.

 

 

3

Prior to occupation of the development hereby approved a Servicing and Delivery Plan shall be submitted to and approved in writing by the Local Planning Authority. The Servicing and Delivery Plan shall contain the delivery and servicing requirements (including refuse collection) for the proposed uses, a  ...  view the full minutes text for item 266.

267.

4/01558/19/FHA - TWO STOREY SIDE, FRONT AND REAR EXTENSION - 26 ASHTREE WAY, HEMEL HEMPSTEAD, HP1 1QS pdf icon PDF 118 KB

Additional documents:

Minutes:

Councillor Wyatt-Lowe left the room mid-way through the item, and therefore, did not participate or vote on Item 5c.

The Case Officer, Briony Curtain, introduced the report to Members and said that the application had been referred to the committee as it had been called in by Councillor Allen.

Michael Caterer and Andrew Watson spoke in objection of the application.

Jamie Waterman spoke in support of the application.

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

 

Vote:

 

For: 6                          Against: 1                    Abstained: 3   

 

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 Dacorum Core Stratgey 2013.

 

3

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

 

06/19/26A WWHH-201 REV A

06/19/26A WWHH-202 REV A

06/19/26A WWHH-203 REV A

06/19/26A WWHH-204 REV A

06/19/26A WWHH-205

 

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

 

Article 35;

 

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

 

 

268.

4/00611/19/FHA - CONSTRUCTION OF 1.5 STOREY SIDE/FRONT EXTENSION, DEMOLITION OF EXISTING REAR SINGLE STOREY CONSERVATORY. REPLACEMENT SINGLE STOREY REAR EXTENSION AND FRONT HIP TO GABLE ROOF EXTENSION. INSTALLATION OF REAR ROOF WINDOWS. - 74 SCATTERDELLS LANE, CHIPPERFIELD, KINGS LANGLEY, WD4 9EX pdf icon PDF 256 KB

Additional documents:

Minutes:

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

Chipperfield Parish Councillor G Bryant spoke in objection of the application.

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

Vote:

 

For: 8                         Against: 0                    Abstained: 3  

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 Core Strategy (2013) Policy CS12.

 

3

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

 

LOCATION PLAN & BLOCK PLAN

74SCLN102 (Proposed Ground Floor Plan)

74SCLN104 (Proposed First Floor Plan)

74SCLN106 (Proposed Roof Plan)

74SCLN107 (Existing & Proposed Front Elevation)

74SCLN108 (Existing & Proposed Rear Elevation)

74SCLN109 Revision A (Existing & Proposed Left Side Elevation)

74SCLN110 Revision A (Existing & Proposed Right Side Elevation)

74SCLN111 (Existing and Proposed Site Plan)

 

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.

 

Japanese Knotweed Informative

 

The applicant is advised that the removal, disposal and spread of soil or plant material contaminated with non-native and invasive plant species, including Japanese knotweed, is set out under the Environmental Protection Act 1990 and Wildlife and Countryside Act 1981.  It is an offence to plant or cause Japanese knotweed to spread under the Wildilfe and Countryside Act 1981 and all waste containing Japanese knotweed comes under the control of Part II of the Environmental Protection Act 1990.

 

 

 

 

269.

4/01218/19/RET - RETENTION OF USE OF BUILDING AS A DWELLING - HUNTERS LODGE, DELMEREND LANE, FLAMSTEAD, ST ALBANS, AL3 8ES pdf icon PDF 665 KB

Additional documents:

Minutes:

Briony Curtain introduced the report to Members on behalf of the Case Officer and said that the application had been referred to the committee in view of the objections of Flamstead Parish Council.

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

 

Vote:

 

For: 8                          Against: 1                    Abstained: 2 

 

Resolved: That planning permission be GRANTED subject to the following conditions:

 

Conditions

No

Condition

1

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 the visual amenity of the locality.

 

2

The residential use of the building and site hereby permitted shall only extend to the use of the area outlined in red on drawing wren naj 36a 2019

 

Reason:For the avoidance of doubt and to safeguard the visual amenity of the Green Belt in this locality.

 

 

270.

4/01698/19/FHA - SINGLE STOREY PART SIDE PART REAR EXTENSION - 115 GEORGE STREET, BERKHAMSTED, HP4 2EJ pdf icon PDF 144 KB

Additional documents:

Minutes:

Briony Curtain 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 Wyatt-Lowe and seconded by Councillor Maddern to GRANT the application.

 

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

 

20191.004

20191.005

 

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 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 wih Policy CS12 of the Dacorum 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. 

 

 

 

261.         

 

271.

4/01557/19/FUL - DEMOLITION OF EXISTING DWELLING. CONSTRUCTION OF A PAIR OF SEMI-DETACHED DWELLINGS. - HILLCREST, KINGSHILL WAY, BERKHAMSTED, HP4 3TP pdf icon PDF 572 KB

Additional documents:

Minutes:

Councillor Woolner declared her interest and stated that she would not be taking part as she had sat on the Berkhamsted Town Council planning committee regarding Item 5g.

The Case Officer, Simon Dunn Lwin, introduced the report to Members and said that the application had been referred to committee due to the contrary view of Berkhamsted Town Council.

Berkhamsted East Town Councillor Garrick Stevens spoke in objection of the application.

Peter Baker spoke in support of the application.

Reposition of the garages was discussed in the meeting to demonstrate satisfactory turning space within the site to allay the committee’s concerns.

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

Vote:

For: 6                          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:

 

11798(L) 00-100 - Site Location Plan

11798(L) 00-101B - Proposed Site Plan

11798(L) 00-102A - Proposed Block Plan

11798(L) 00-103 - Proposed Floor Plans

11798(L) 00-104A - Proposed Roof Plan

11798(L) 00-105D - Proposed Plots A and B Elevations

11798(L) 00-106A - Existing Block Plan with Proposed Overlaid

11798(L) 00-107A - Proposed Plots A & B garage Elevations

BAT REPORT

DESIGN AND ACCESS

CIL Form V3

 

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

 

3

Construction of the development hereby approved shall not commence until a Construction Management Plan has been submitted to and approved in writing by the local planning authority in consultation with the highway authority. Thereafter the construction of the development shall only be carried out in accordance with the approved Plan. The Construction Traffic Management Plan shall include details of:

a. Construction and storage compounds (including areas designated for car parking);

b. Siting and details of wheel washing facilities;

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

d. Timing of construction activities to avoid school pick up/drop off times;

 

Reason: In order to protect highway safety and the amenity of other users of the public highway and rights of way Core Strategy Policy CS8.

 

 

 

4

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 and comply  ...  view the full minutes text for item 271.

272.

Appeals pdf icon PDF 92 KB

Minutes:

That the following appeals were noted:

  1. LODGED

B. WITHDRAWN

C.  FORTHCOMING INQUIRIES

D.  FORTHCOMING HEARINGS

E.   DISMISSED

F.   ALLOWED