Agenda and draft minutes

Development Management
Thursday, 7th November, 2019 7.00 pm

Venue: Council Chamber, The Forum. View directions

Contact: Corporate and Democratic Support  01442 228209

Items
No. Item

293.

Minutes pdf icon PDF 146 KB

To confirm the minutes of the previous meeting.

Minutes:

The minutes of the meeting held on 17 October were confirmed by the Members present and were then signed by the Chairman.

294.

Apologies for absence

To receive any apologies for absence

Minutes:

Apologies for absence were received from Councillors Wyatt-Lowe, Oguchi and Symington.

 

Apologies for lateness were received from Councillor Maddern.

 

Councillor Maddern arrived at 7:05pm.

 

295.

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.

296.

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.

 

297.

4/01719/19/MFA - PROVISION OF A 34 NO. UNIT RESIDENTIAL BLOCK AND A PAIR OF SEMI-DETACHED HOUSES FOR SOCIAL RENT. THE SCHEME WILL INCLUDE THE REMODELING OF THE EXISTING EASTWICK ROW SITE INCLUDING LANDSCAPED CAR PARKING, NEW BIN STORAGE, CYCLE STORAGE, MOBILITY SCOOTER STORAGE AND EXTERNAL PERSONAL STORAGE UNITS. THE SCHEME WILL ALSO INTRODUCE NEW PEDESTRIAN AND CYCLE ROUTES ACROSS THE EXISTING SITE TO LINK EASTWICK ROW WITH ST ALBANS ROAD - LAND AT EASTWICK ROW, HEMEL HEMPSTEAD, HP2 4JQ pdf icon PDF 1 MB

Additional documents:

Minutes:

Councillor Maddern arrived at 7:05pm and, therefore, did not participate or vote on this item.

 

The Case Officer, Martin Stickley, introduced the report to Members and said that the application had been referred to the committee as it is a Council Scheme.

 

Adeyfield West Councillor Adrian England spoke in objection of the application.

 

David Barrett and Jill Swift spoke in support of the application.

 

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

 

Vote:

 

For: 4                           Against: 2                    Abstained: 3     

 

Resolved: That planning permission be DELEGATED WITH A VIEW TO APPROVAL subject to the removal of objection from the Lead Local Flood Authority and delegated authority to impose conditions if required by this consultee, and subject to the satisfactory signing of the legal agreement and conditions listed below:

 

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

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, E and F

 

Reason: To enable the local planning authority to retain control over the development in the interests of safeguarding the visual amenity and character of the locality in accordance with Policies CS12 of the Dacorum Borough Core Strategy (2013) and Paragraph 127 of the National Planning Policy Framework (2019).

 

3

(a)      No development approved by this permission shall be commenced until a Site Investigation (Phase II environmental risk assessment) report has been submitted to and approved by the Local Planning Authority which includes:

 

(i)           A full identification of the location and concentration of all pollutants on this site and the presence of relevant receptors, and;

(ii)          The results from the application of an appropriate risk assessment 

methodology.

 

(b)      No development approved by this permission (other than that necessary for the discharge of this condition) shall be commenced until a Remediation Method Statement report; if required as a result of (a), above; has been submitted to and approved by the Local Planning Authority.

 

(c)      This site shall not be occupied, or brought into use, until:

 

(i)           All works which form part of the Remediation Method Statement report pursuant to the discharge of condition (b) above have been fully completed and if required a formal agreement is submitted that commits to ongoing monitoring and/or maintenance of the remediation scheme.

(ii)          A Remediation Verification Report confirming that the site is suitable for use has been submitted to, and agreed by, the Local Planning  ...  view the full minutes text for item 297.

298.

4/00528/19/FUL - CONSTRUCTION OF TWO 3-BED SEMI DETACHED DWELLINGS - LAND ADJ. TO 26, STATION ROAD, BERKHAMSTED, HP4 2EY pdf icon PDF 1 MB

Additional documents:

Minutes:

The Case Officer, James Gardner, introduced the report to Members and said that the application had been referred to the committee due to the contrary views of Berkhamsted Town Council.

 

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

 

Berkhamsted Castle Councillor Stephen Claughton spoke in objection to the application.

 

Duncan Gibson spoke in support of the application.

 

Councillor Guest asked for a proposer for the officer recommendation of GRANTING the application.

 

There was no proposer for the officer recommendation.

 

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

 

It was proposed by Councillor Uttley and seconded by Councillor Riddick to REFUSE the application due to the limited depth of the site, the significant change in levels, the proximity of the site to the railway line, and the overbearing nature of the proposed acoustic fence, the Council is not satisfied that the proposed development can be satisfactorily accommodated on the site whilst ensuring a satisfactory level of amenity and living conditions for future occupiers as required by the NPPF. The proposal would therefore constitute an overdevelopment of the site contrary to the NPPF; Policy CS12 of the Dacorum Core Strategy September 2013 and advice and guidance in Saved Appendix 3 of the Dacorum Borough Local Plan 1991-2011.

 

Vote:

 

For: 7                           Against: 0                    Abstained: 3     

 

Resolved: That planning permission be REFUSED.

 

299.

4/03109/17/MFA - PROPOSED DEMOLITION OF ALL EXISTING BUILDINGS. IMPROVEMENTS TO EXISTING ACCESS, CONSTRUCTION OF FOUR 3-BED AND SIX 2-BED COTTAGES WITH ASSOCIATED CAR PARKING AND ACCESS ROAD WITH WASTE AND CYCLE STORAGE - R/O 49 - 53, HIGH STREET, NORTHCHURCH, BERKHAMSTED, HP4 3QH pdf icon PDF 1 MB

Additional documents:

Minutes:

The Case Officer, James Gardner, introduced the report to Members and said that the application had been referred to the committee as it had previously been considered and deferred by DMC.

 

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

 

Vote:

 

For: 8                           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

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

 

16.2422-1     Revision C

 

17.2422-2     Revision B

17.2422-3     Revision B

17.2422-4     Revision B

 

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

 

 

3

No development (except demolition and site clearance) shall take place until details of the materials, including details of doors and windows at a scale of 1:20 and rainwater goods and brick bonding to be used in the construction of the external surfaces of the development hereby permitted shall 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 and the interests of the visual amenities of the Conservation Area in accordance with the aims of saved Policy 120 of the Dacorum Borough Local Plan (2004) and Policies CS12 and CS27 of the Dacorum Core Strategy (2013).

 

4

No development (except demolition and site clearance) 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;

trees to be retained and measures for their protection during construction works;

minor artefacts and structures (e.g. furniture, play equipment,  other storage units, signs, lighting 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.

 

5

The dwellings hereby approved shall not be occupied until details of facilities for the storage of refuse have been submitted to and approved in writing by the local planning authority. The approved facilities shall then be provided before the development is first brought into use and they shall thereafter be permanently retained unless otherwise agreed in writing with the local planning authority.

 

Reason: To accord with Policy 129 of the Dacorum  ...  view the full minutes text for item 299.

300.

Appeals pdf icon PDF 118 KB

Minutes:

That the following appeals were noted:

 

A.   LODGED

 

B.   WITHDRAWN

 

C.   FORTHCOMING INQUIRIES

 

D.   FORTHCOMING HEARINGS

 

E.    DISMISSED

 

F.    ALLOWED

 

301.

Local Enforcement Plan pdf icon PDF 114 KB

Additional documents:

Minutes:

The Case Officer, Philip Stanley, introduced the Local Enforcement Plan to Members and said that the report had been referred to the committee as it is an operational document for Development Management and Planning.

 

It was proposed by Councillor Maddern and seconded by Councillor Beauchamp to take the Local Enforcement Plan to the Portfolio Holder for APPROVAL in line with the officer’s recommendation.

 

Vote:

 

For: 10                        Against: 0                    Abstained: 0     

 

Resolved: That the Local Enforcement Plan be taken to the Portfolio Holder for APPROVAL.

302.

Any Other Business

Minutes:

Charlie Webber stated that the Development Management Committee Meeting scheduled to take place on Thursday 12th December was cancelled due to the election.

 

She said that this meeting would now take place on Tuesday 17th December instead, with the usual start time of 7pm.