Agenda and draft minutes

To confirm the minutes of the previous meeting.

The minutes of the meeting held on 30 January were confirmed by the Members present and were then signed by the Chair.

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.

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

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

You need to inform the council in advance if you wish to speak by contacting Member Support on Tel: 01442 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.

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.

Robert Freeman introduced the report to Members and said that the application had been referred to the Committee as it was contrary to the views of the Parish Council.

Andy and Jane Bunting spoke in objection to the application.

RECOMMENDATION

That planning permission be GRANTED subject to the suggested conditions.

It was proposed by Councillor McDowell grant the application in line with the recommendation but as there was no seconder, the motion fell.

It was proposed by Councillor Riddick and seconded by Councillor Beauchamp to defer the application to ask the applicant about lowering the height of the proposal.

Vote:

For:   5                         Against:   5                  Abstained:       2

Due to their being no majority, Councillor Guest used her casting vote to vote for deferral.

Resolved: That the application be deferred to seek further amendments to reduce the levels at the rear of the site – less steps and reducing heights of fencing structures

Councillor Maddern declared an interest in this item as she was speaking in objection. She removed herself from the committee and did not speak or vote on the item.

Councillors Hobson and Uttley declared that they were the ward members for this application and had received correspondence from residents but declared that they were coming to the meeting with an open mind. They reserve their right to speak and vote.

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 a Ward Councillor.

Sally Robbins drew Members’ attention to the amended conditions and informative note in the addendum.

Richard Sargent and Jan Maddern spoke in objection to the application.

Richard Farris spoke in support of the application.

RECOMMENDATION

That planning permission be GRANTED subject to the suggested conditions.

It was proposed by Councillor Wyatt-Lowe and seconded by Councillor McDowell to grantthe application.

Vote:

For:     8                      Against:    2                 Abstained:       1

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

1.         The development hereby permitted shall begin 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 (excluding demolition/ground investigations) 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 satisfactory appearance to the development and to safeguard the visual character of the area in accordance with Policies CS11 and CS12 of the Dacorum Borough Core Strategy (2013).

 3.        No construction of the superstructure shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority.  These details shall include:

            o          all external hard surfaces within the site

            o          other surfacing materials

            o          means of enclosure

            o          mitigation tree planting for removed trees (including siting, species, size and maturity)

            o          soft landscape works including a planting scheme with the number, size, species and position of trees, plants and shrubs.

            The planting must be carried out within one planting season of completing the development.

            Any tree or shrub, which forms part of the approved landscaping scheme, which within a period of 5 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.

            Reason:  To improve the appearance of the development  ...  view the full minutes text for item 6.

Councillor Wyatt-Lowe declared that she had been approached by the applicant but did not discuss the case. She reserved her right to speak and vote on this item.

Councillor Riddick declared an interest. The applicant had approached him personally and he would not be able to view this application with an open mind. He removed himself from the committee and did not speak or vote on this item.

The Case Officer, Robert Freeman, introduced the report to Members and said that the application had been referred to the Committee given the concerns of the Parish Council.

Parish Councillor Bryant spoke in objection to the application.

Dr Woodward and Mr Huskingson spoke in objection to the application.

Heidi Leaney and Declan O’Farrell CBE spoke in support of the application.

RECOMMENDATION

That planning permission be GRANTED

It was proposed by Councillor Wyatt-Lowe and seconded by Councillor R Sutton to grant the application with additional condition withdrawing Schedule 2 Part 1 Class A and B permitted development rights.

Vote:

For:      10                    Against:           0          Abstained:        1

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

1. The development hereby permitted shall begin 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 (excluding demolition/ground investigations) 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 satisfactory appearance to the development and to safeguard the visual character of the area in accordance with Policies CS11 and CS12 of the Dacorum Borough Core Strategy (2013).

 3.        No construction of the superstructure shall take place until full details of both hard and soft landscape works has been submitted to and approved in writing by the Local Planning Authority.  These details shall include:

            o          all external hard surfaces within the site;

            o          other surfacing materials;

            o          means of enclosure;

            o          soft landscape works including a planting scheme with the number, size, species and position of trees, plants and shrubs;

            o          minor artefacts and structures (e.g. furniture, play equipment, signs, refuse or other storage units, etc.); and

            o          retained historic landscape features and proposals for restoration, where relevant.

            The planting must be carried out within one planting season of completing the development.

            Any tree or shrub which forms part of the approved landscaping scheme which within a period of  5  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  ...  view the full minutes text for item 7.

The Case Officer, Sally Robbins, introduced the report to Members and said that the application had been referred to the Committee as a Ward Councillor had called it in and it was contrary to the view of the Parish Council.

Parish Councillor Bryant spoke in objection to the application.

Robert Harman spoke in support of the application.

RECOMMENDATION

That planning permission be GRANTED subject to the suggested conditions.

It was proposed by Councillor Beauchamp and seconded by Councillor Maddern to grant the application.

Vote:

For:    8                       Against:       2              Abstained:       2

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

1.         The development hereby permitted shall begin 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.        (a) No development approved by this permission shall be commenced prior to the submission to, and agreement of the Local Planning Authority of a written preliminary environmental risk assessment (Phase I) report containing a Conceptual Site Model that indicates sources, pathways and receptors. It should identify the current and past land uses of this site (and adjacent sites) with view to determining the presence of contamination likely to be harmful to human health and the built and natural environment.

            (b) If the Local Planning Authority is of the opinion that the report which discharges condition (a), above, indicates a reasonable likelihood of harmful contamination then 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.

            (c) 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 (b), above; has been submitted to and approved by the Local Planning Authority.

            (d) 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 (c) 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 Authority.

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

 3.        Any contamination, other than that reported by virtue of Condition 2, encountered during the development of this site shall be brought to the attention of the  ...  view the full minutes text for item 8.

Councillor Woolner declared an interest in this item. She removed herself from the committee so did not speak or vote on this item.

Councillor Symington declared that she had receive an email from the applicant but would still be considering this item with an open mind. She reserved her right to speak and vote on this item.

The Case Officer, Sally Robbins, introduced the report to Members and said that the application had been referred to the Committee due to the contrary view of the Town Council.

RECOMMENDATION

That planning permission be GRANTED subject to the suggested conditions.

It was proposed by Councillor Maddern and seconded by Councillor Wyatt-Lowe to grant the application.

Vote:

For:       9                     Against:    0                 Abstained:       1

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

1.         The development hereby permitted shall begin 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.        Within 6 months of the date of this permission details of the materials to be used in the construction of the external surfaces of the development hereby permitted shall be submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details.

            Reason:  In the interests of the visual amenities of the Conservation Area, in accordance with Policies CS12 and CS27 of the Core Strategy (2013).

 3.        The bathroom window at second floor level in the side elevation of the loft conversion hereby permitted shall be permanently fitted with obscured glass and non-opening below a height of 1.7m from floor level.

            Reason: In the interests of the residential amenities of the occupants of the adjacent dwellings and application site, in accordance with Policy CS12 of the Core Strategy (2013).

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

            DD 17 / 053.2E

            DD 17 / 053.6

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

Informatives:

 1.        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 Framework (paragraph 38) and in accordance with the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2015.

Councillor Woolner declared an interest in this item. She removed herself from the committee so did not speak or vote on this item.

Robert Freeman introduced the report to Members and said that the application had been referred to the Committee due to objection from the Town Council.

RECOMMENDATION

That planning permission be GRANTED subject to the suggested conditions.

It was proposed by Councillor Wyatt-Lowe and seconded by Councillor Hobson to grant the application.

Vote:

For:       9                     Against:        0             Abstained:        1

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

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

            Proposed front elevation, no reference (received 13-Nov-19)

            Proposed side elevation, no reference (received 13-Nov-19)

            Proposed block plan, no reference (received 13-Nov-19)

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

Sally Robbins introduced the report to Members and said that the application had been referred to the Committee as the Parish Council had a contrary view to the officer recommendation.

RECOMMENDATION

That planning permission be GRANTED subject to the suggested conditions.

It was proposed by Councillor Maddern and seconded by Councillor Uttley to grant the application.

Vote:

For:     9                      Against:           0          Abstained:       1

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

 1.        The development hereby permitted shall begin 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 development hereby permitted shall match the existing building in terms of size, colour and texture.

            Reason:  To make sure that the appearance of the building is suitable and that it contributes to the character of the area in accordance with Policies CS11 and CS12 of the Dacorum Borough Core Strategy (2013).

 3.        Any ground contamination encountered during the development of this site shall be brought to the attention of the Local Planning Authority as soon as practically possible; a scheme to render this contamination harmless shall be submitted to and agreed by, the Local Planning Authority and subsequently fully implemented prior to the occupation of this site. Works shall be temporarily suspended, unless otherwise agreed in writing during this process because the safe development and secure occupancy of the site lies with the developer.

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

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

            Site Location Plan

            Plans and Elevations 16/1683 Rev 1A

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

Informatives:

 1.        The above conditions are considered to be in line with paragraphs 170 (e) & (f) and 178 and 179 of the NPPF 2019.

            In the event that no ground contamination is encountered, in order to discharge this condition, the developer will be required to submit a written statement confirming the absence of any visual or olfactory evidence of ground contamination and provide a supporting photographic record of any foundation excavations.

            In the event that contamination is encountered the Environmental Health Team has a web-page that aims to provide advice to potential developers, which includes a copy of a Planning Advice Note on "Development on Potentially Contaminated Land and/or for a Sensitive Land Use" in use across Hertfordshire and Bedfordshire. This can be found on www.dacorum.gov.uk by searching for contaminated land.

 2.        Planning permission/advertisement consent/listed building consent 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  ...  view the full minutes text for item 11.

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 Town Council.

RECOMMENDATION

That planning permission be GRANTED subject to the suggested conditions.

It was proposed by Councillor Maddern and seconded by Councillor Hobson to grant the application.

Vote:

For:       9                     Against:       0              Abstained:  1   

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

 1.        The development hereby permitted shall begin 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 development hereby permitted shall match the existing building in terms of size, colour and texture.

            Reason:  To make sure that the appearance of the building is suitable and that it contributes to the character of the area in accordance with Policies CS11 and CS12 of the Dacorum Borough Core Strategy (2013).

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

            1934/001 (EXISTING SITE PLAN)

            1934/010 (PROPOSED GROUND AND FIRST FLOOR PLANS)

            1934/012 (PROPOSED ELEVATIONS)

            1934/011 (PROPOSED SECOND AND ROOF PLAN)

            1934/013 (EXISTING AND PROPOSED RETAINING WALL)

            1934/014 (PROPOSED SITE PLAN)

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

That the following appeals were noted:

A.   WITHDRAWN

B.DISMISSED