Agenda and draft minutes

Development Management
Thursday, 26th September, 2019 7.00 pm

Venue: Council Chamber, The Forum. View directions

Contact: Corporate and Democratic Support  01442 228209

Items
No. Item

273.

Minutes

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

Minutes:

The minutes of the meeting held on 5 September were confirmed by the Members present and were then signed by the Chairman.

274.

Apologies for absence

To receive any apologies for absence

Minutes:

Apologies for absence were received from Councillor Durrant.

 

Apologies for lateness were received from Councillor Guest.

 

Councillor Wyatt-Lowe took the Chair until Councillor Guest arrived.

 

Councillor Guest arrived at 7:44pm.

 

Apologies for lateness were received from Councillor Maddern.

 

Councillor Maddern arrived at 7:41pm.

 

275.

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 Wyatt-Lowe asked Members to remember to declare any Disclosable Pecuniary or other Interests at the beginning of the relevant planning application.

276.

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 Wyatt-Lowe 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: 5c, 5d, 5a, 5b, 5e, 5f, prioritising those items with public speakers on to be heard first.

 

277.

4/01430/19/FUL - DETACHED AGRICULTURAL BARN - LONG LANE FARM, LONG LANE, BOVINGDON, HEMEL HEMPSTEAD, HP3 0NE pdf icon PDF 985 KB

Additional documents:

Minutes:

The Case Officer, Nigel Gibbs, introduced the report to Members and said that the application had been referred to the committee as the recommendation is contrary to the response of Bovingdon Parish Council.

 

Scott Wiggins spoke in objection of the application.

 

Ken Baker, Christine Brown and Mrs Hunt spoke in support of the application.

 

It was proposed by Councillor Beauchamp and seconded by Councillor Hobson 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 building hereby permitted shall only be used for non-commercial equestrian or agricultural purposes and therefore excludes any residential use.

 

Reason: To safeguard the Green Belt and the residential amenity of the locality in accordance with Policies CS5 and CS12 of the Dacorum Core Strategy 2013 and for the avoidance of doubt.

 

2

There shall be no additional floor space formed within the building hereby permitted (and therefore no first floor shall be formed) and no external alterations to the approved design of the building hereby permitted.

 

Reason: To safeguard the Green Belt and the local environment in accordance with Policies CS5, CS12 and CS29 of the Dacorum Core Strategy 2013. 

 

3

The building hereby permitted shall be constructed in the materials specified on Drawing No. DRG 1819/1E.

 

Reason: In the interests of the visual amenity in accordance with Policies CS5 and CS12 of the Dacorum Core Strategy 2013.

 

4

The development hereby permitted shall be served by a sustainable drainage system at all times.

 

Reason: To ensure that the development is subject to an acceptable drainage system in accordance with the aims of Policies CS12 and CS31 of the Dacorum Core Strategy 2013 and to protect groundwater to accord with the requirements of Policies CS31 and CS32 of the Dacorum Core Strategy 2013.

 

5

The building hereby permitted shall at all times feature a bat roost unit (tubes) integrated within the fabric of the new barn and designed/installed under the guidance of a suitably experienced ecologist.

 

Reason: To ensure biodiversity benefit in accordance with Policy CS29 of Dacorum Core Strategy 2013.

 

6

Prior to the first use of the building hereby permitted details of all exterior lighting to be installed to serve the building shall be submitted to and approved in writing by the local planning authority.  The approved exterior lighting shall be installed within three months following the first use of the building hereby permitted and thereafter retained fully in accordance with the approved details.

 

Reason: To safeguard the local environment in accordance with the requirements of Policies CS5, CS12, CS24 , CS29 and CS32 of the Dacorum Core Strategy 2013 and Policy 113 and Appendix 8 of the saved Dacorum Borough Local Plan.

 

7

Subject to the requirements of other conditions of this planning permission  the development hereby permitted shall be carried out in accordance with the following plans:

 

1819/1E

1819/3D

1819/3E

1819/2B

 

Reason  ...  view the full minutes text for item 277.

278.

4/01713/19/FUL - DEMOLITION OF DWELLING & CONSTRUCTION OF REPLACEMENT DWELLING INCLUDING REMOVAL OF IDENTIFIED SMALL SCALE TREES - 11 BARNCROFT ROAD, BERKHAMSTED, HP4 3NL pdf icon PDF 1 MB

Additional documents:

Minutes:

Councillor Maddern arrived at 7:41pm and, therefore, did not take part on this item.

 

Councillor Guest arrived at 7:44pm and also, therefore, did not take part on this item.

 

The Case Officer, Will Collier, introduced the report to Members and said that the application had been referred to the committee as it was contrary to the views of Berkhamsted Town Council.

 

James Holmes spoke in objection of the application, on behalf of Andrew Boothby.

 

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

 

Emma Adams spoke in support of the application.

 

It was proposed by Councillor Hobson and seconded by Councillor R Sutton to GRANT the application in line with the officer’s recommendation with the addition of a Condition relating to replacement tree planting.

 

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:

 

2760.03 A

2760.04

2760.05 A

2760.06

2760.07 A

2760.08 A

2760.09

2760.11

 

Bat Report dated 16/7/19

Arbicorultural Methods Statement (dated 17th July 2019 by Arbtech).

Email regarding materials by Shaun Andrews Design and Architecture dated 23/9/19

 

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

 

3

The tree protection measures described in the approved Arboricultural Methods Statement (dated 17th July 2019 by Arbtech) shall be put in place prior to the commencement of the development hereby permitted and shall be retained throughout the duration of the construction of the development.

 

Reason: To ensure the protection and retention of existing/remaining protected trees in accordance with saved Policy 99 of the Dacorum Borough Local Plan.

 

4

The development hereby permitted shall be constructed in accordance with the materials specified in the email dated 23rd September by Shaun Andrew Design and Architecture.

 

Reason:  To ensure a satisfactory appearance to the development in accordance with Policy CS12 of the adopted Dacorum Borough Core Strategy.

 

5

Following the submission of revised side elevations removing the first floor bedroom windows on the northern elevation, there are only two windows to be obscure-glazed. The windows condition has been revised to read as follows:

 

The following windows of the dwelling hereby permitted shall be permanently fitted with obscured glazing to a minimum of Level 3 on the Pilkington scale of privacy or equivalent and non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed:

 

·         First floor en-suite bathroom window for bedroom 4 on the north-east elevation.

·         First floor en-suite window for bedroom 2 on the south-west elevation.  ...  view the full minutes text for item 278.

279.

4/00931/19/FUL - DEMOLITION OF GARAGES AND THE CONSTRUCTION OF 4 DWELLINGS COMPRISING 1X THREE BEDROOM HOUSE, 1 X ONE BEDROOM FLAT AND 2 X TWO-BEDROOM DWELLINGS AND ASSOCIATED LANDSCAPING AND PARKING AND REMOVAL OF CROSS OVER/ REINSTATEMENT OF THE PEDESTRIAN FOOTPATH TO THE NORTH PART OF THE SITE - GARAGE SITE, MIDDLEKNIGHTS HILL, HEMEL HEMPSTEAD pdf icon PDF 108 KB

Additional documents:

Minutes:

The Case Officer, Elspeth Palmer, introduced the report to Members and said that the application had been referred to the committee in view of the Council’s financial interest in the site.

 

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

 

Vote:

 

For: 11                         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

Prior to the erection of any structure above ground level, 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 to comply with CS12.

 

3

No development (other than demolition/site preparation works) shall take place until 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;

proposed finished levels or contours;

scaled plans showing garden shed/bicycle storage and design of bin store;

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

proposed and existing functional services above and below ground (e.g. drainage, power, communications cables, pipelines etc, indicating lines, manholes, supports etc).

 

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 to safeguard the visual character of the immediate area and to comply with CS12.

 

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 without the prior written approval of the local planning authority:

 

Schedule 2 Part 1 Classes A, B, and E

 

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 and to comply with CS12. The properties are sited on a compact site with limited amenity space and close relationships with  ...  view the full minutes text for item 279.

280.

4/01378/19/FUL - CHANGE OF USE OF EXISTING BUILDING FROM B1 (OFFICE & LIGHT INDUSTRIAL) TO C A3 (CAFE) WITH PLAY AREA AND ASSOCIATED CAR PARKING - DOODLE CABOODLE, UNIT 21, SILK MILL INDUSTRIAL ESTATE, BROOK STREET, TRING, HP23 5EF pdf icon PDF 290 KB

Additional documents:

Minutes:

Councillor McDowell declared that he had been present at the Tring Town Council Planning Committee meeting concerning Item 5b but that he had not taken part in the discussion or voting and, therefore, he would be approaching the application with an open mind.

 

The Case Officer, Will Collier, introduced the report to Members and said that the application had been referred to the committee as it was contrary to the objection of the Town Council.

 

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: 9                           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 carried out in accordance with the following approved plans/documents:

 

Design and Access Statement

Odour Management Plan August 2019 (Revised version)

PL102 (Revision A)

PL106

PL201

 

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

 

2

The Cafe (A3) use hereby permitted shall operate at all times in accordance with the Revised Odour Management Plan dated August 2019.

 

Reason: For the avoidance of doubt and to ensure no harm from pollution (into the air, soil or any water body) by virtue of the emissions of fumes, particles, effluent, radiation, smell light, noise or noxious substances in accordance with Policy CS32 of the adopted Dacorum Borough Core Strategy.

 

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.  

 

 

3

Informative

The applicant is advised they are required by law (Environmental Protection Act 1990) to dispose of their waste properly and to keep records. The website http://www.rightwasterightplace.com provides useful information for establishments and businesses so that they can ensure they are complying with the law.

 

 

 

The meeting adjourned at 9:20pm.

 

The meeting reconvened at 9:25pm.

281.

4/01534/19/FUL - DEMOLITION OF EXISTING COMMERCIAL/ANCILLARY RESIDENTIAL OUTBUILDING AND CONSTRUCTION OF TWO, ONE AND A HALF STOREY THREE BED SEMI DETACHED DWELLINGS - WOODLANDS, NOAKE MILL LANE, WATER END, HEMEL HEMPSTEAD, HP1 3BB pdf icon PDF 180 KB

Additional documents:

Minutes:

The Case Officer, Briony Curtain, introduced the report to Members and said that the application had been referred to the committee due to the Parish Council objection.

 

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: 11                         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 ofthree 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

Nodevelopment other than demolition, site preparation, groundworks and footings shall take place until samples 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. A sample panel at least 1m by 1m shall be prepared for inspection and shall include details of the pointing and the finished colour of the timber cladding.

 

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

 

 

3

Notwithstanding the details submitted, no development other than demolition, site preparation, groundworks and footings shall take place until 1:20 details of the following (including materials and finished colour) shall have been submitted to and approved in writing by the Local Planning Authority.

 

·         doors and windows

·         rooflights

·         eaves and other joinery

·         bin storage enclosure

 

All rainwater goods shall be finished black with a round profile.

 

The development shall be carried out fully in accordance with the approved details.

 

Reason: to ensure a satisfactory appearance to the development in the interests of the visual amenities of the area in accordance with Policy Cs12 of the Core Strategy 2013.

 

4

Not withstanding any details shown, full details of the following shall be submitted to and approved in writing by the Local Planning Authority.

 

·         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;

·         sustainable urban drainage measures

·         minor artefacts and structures (e.g. signs, lighting);

·         proposed and existing functional services above and below ground (e.g. drainage, power, communications cables, pipelines etc, indicating lines, manholes, supports etc);

 

The approved landscape works shall be carried out prior to the first occupation of the development hereby permitted.

 

Any tree or shrub which forms part of the approved  ...  view the full minutes text for item 281.

282.

4/00171/19/FUL - DEMOLITION OF EXISTING EQUESTRIAN FACILITIES AND CONSTRUCTION OF ONE FOUR-BEDROOM DWELLING, ONE THREE-BEDROOM HOLIDAY LET, ONE WORKSHOP/BARN/CARPORT BUILDING, WITH ASSOCIATED SOFT LANDSCAPING, HARDSTANDING, AND FENCING - 1 WOODEND COTTAGES, LITTLE WOODEND, MARKYATE, ST ALBANS, AL3 8AX pdf icon PDF 506 KB

Additional documents:

Minutes:

The Case Officer, Shane O’Donnell, introduced the report to Members and said that the application had been referred to the committee due to objection by the Parish Council.

 

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

 

Vote:

 

For: 10                         Against: 1                    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

Prior to development above ground level, samples of the all materials including roofing, weatherboarding and bricks, rainwater goods (black painted metal), windows, glazing and doors, and any paving materials shall be submitted to and approved in writing by the local planning authority. The approved materials shall be used in the implementation of the development. 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 safeguard the character and appearance of the Listed Building and the Area of Outstanding Natural Beauty in accordance with Core Policies 24 and 27 of Dacorum's Core Strategy.

 

 

3

Prior to the occupation of proposed development details of the following shall be submitted to and approved in writing by the local planning authority: details of the proposed means of enclosure within and around the site whether by means of walls, fences or hedges/trees. Development shall be carried out in accordance with the approved details.

 

Reason: To safeguard the character and appearance of the Listed Building and the Area of Outstanding Natural Beauty in accordance with Core Policies 24 and 27 of Dacorum's Core Strategy.

 

 

5

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

 

ATK/19/RA/001/TP9

ATK/10/RA/001/TP2B

ATK/ 10/RA/001/TP3B

ATK/ 10/RA/001/TP4B

ATK/19/RA/001/TP6A

ATK/19/RA/001/TP7A

ATK/19/RA/001/TP8A

ATK/ 10/RA/001/TP5

ATK/10/RA/001/TP2

DESIGN AND ACCESS STATEMENT

Supporting Statement

 

 

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 proactively through application stage and the pre-application stage with the applicant to resolve issues with the scheme.  The Council has therefore acted 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.

 

Informatives

 

1. Obstruction of public highway land: It is an offence under section 137 of the Highways Act 1980 for any person, without lawful authority or excuse, in any way to wilfully obstruct the free passage along a highway or public right of way. If this development is likely to result in the public highway or public right of way network becoming routinely blocked (fully or partly) the applicant must contact the Highway  ...  view the full minutes text for item 282.

283.

APPEALS pdf icon PDF 113 KB

Minutes:

That the following appeals were noted:

 

A.   LODGED

 

B.   WITHDRAWN

 

C.   FORTHCOMING INQUIRIES

 

D.   FORTHCOMING HEARINGS

 

E.    DISMISSED

 

F.    ALLOWED