Agenda and draft minutes

To confirm the minutes of the previous meeting.

The minutes of the meeting held on 20 February were confirmed by the Members present and were then signed by the Chair.

To receive any apologies for absence

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

Councillor Stevens substituted for Councillor Symington.

Councillor Oguchi arrived at 7:31pm.

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.

Councillor Oguchi arrived at 7:31pm and, therefore, did not participate or vote on this item.

The Case Officer, Briony Curtain, 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.

Andy Bunting spoke in objection to the application.

Gareth Devoti spoke in support of the application.

It was proposed by Councillor Maddern and seconded by Councillor McDowell to DELEGATE the application WITH A VIEW TO APPROVAL in line with the officer recommendation.

Vote:

For: 6                           Against: 1                    Abstained: 3      

Resolved: That planning permission be DELEGATED WITH A VIEW TO APPROVAL SUBJECT TO EXPIRY OF NEIGHBOUR NOTIFICATION (amended plans 14 days) and subject to the following conditions:

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 development hereby permitted shall be carried out in accordance with the following approved plans/documents and the fencing / screens hereby approved thereafter maintained as such:

            1087-PL-010 REV E

Photo/visual of outbuilding front façade

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

 3.        The Outbuilding hereby approved shall only contain openings (windows and doors) to the eastern elevation.

            Reason; to safeguard the residential amenities of adjoining and adjacent residents in accordance with Policy CS12 of the Core Strategy 2013.

 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 Oguchi arrived at 7:31pm, before this item began, so she did participate and vote on this item and all following items.

Councillor Stevens and Councillor Woolner declared interests in this item and, therefore, did not participate or vote on this item. They recused themselves to the public gallery.

The Case Officer, Briony Curtain, 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 Town Council.

Lisa Keys and David Ellwood spoke in objection to the application.

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

Tracey Evans spoke in support of the application.

It was proposed by Councillor Beauchamp and seconded by Councillor Sutton to GRANT the application in line with the officer recommendation with additional conditions including restricting access to the roof terrace solely for maintenance, details of the extraction system, and limiting operation of the building to existing use class.

Vote:

For: 5                          Against: 3                    Abstained: 1     

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

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

            1812 – P210 REV 01 – DEMOLITION PLAN

1812 – P500 REV 01 – Vehicle Access Plan

            1812 – P100 REV 01 – Proposed Site Plan

            1812 – P010 REV 01 – site location plan

            1812 – P220 REV 01 – Proposed plans

1812 – P230 REV 01 – Proposed plans

1812 – P240 REV 01 – Proposed plans

1812 – P340 REV 01 – Proposed plans

            1812 – P350 REV 01 – Proposed plans

            1812 – P360 REV 01 – Proposed plans

            1812 – P370 REV 01 – Proposed plans

            1812 – P110 REV 01 – Sections

            Archaeology Desk Based Assessment (May 19 - Oxford Archaeology)

            Workshop Noise Assessment Report No. 18-0086-2-R01

            Preliminary Ecological Appraisal and Daytime Bat Inspection Survey Nov 19

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

 3.        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).

 4.        No demolition / development shall commence until an Archaeological Written  ...  view the full minutes text for item 5b

The Case Officer, Simon Dunn-Lwin, introduced the report to Members and said that the application had been referred to the Committee due to the contrary views of Flamstead Parish Council.

Jennifer O’Leary spoke in objection to the application.

Flamstead Parish Councillors Jane Timmis and Sandra Clark spoke in objection to the application.

Anjohn Shome spoke in support of the application.

It was proposed by Councillor Maddern and seconded by Councillor Uttley to DELEGATE the application WITH A VIEW TO APPROVAL in line with the officer recommendation with additional condition relating to refuse collection.

Vote:

For: 7                          Against: 2                    Abstained: 2       

Resolved: That planning permission be DELEGATED TO THE GROUP MANAGER DEVELOPMENT MANAGEMENT WITH A VIEW TO APPROVAL, subject to:-

A)   The completion of a S106 Agreement for the provision of open space on the adjacent blue land which is to be landscaped and maintained as an orchard in perpetuity; and

B)   The following planning conditions:

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

            FLA - P01 rev A                                  Existing Location Plan

            C4T5/FOU/FLA4 - S03/1 rev H          Proposed Site Plan (inc. Fire Hydrant)

            FLA - S05 rev F                                  Proposed Site Context Plan

            C4T5/CIV/FLA004-P04 rev F             Proposed Plots One and Two

            C4T5/CIV/FLA004-P05 rev G            Proposed Plots Three and Four

            C4T5/CIV/FLA004-P06 rev F             Proposed Plots Five and Six

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

 3.        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, including window and door details, 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).

 4.        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/boundary treatment;

            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. signs, refuse or other storage units, etc.); and

            o          retained historic landscape features and proposals for restoration, where  ...  view the full minutes text for item 5c

The Case Officer, Simon Dunn-Lwin, introduced the report to Members and said that the application had been referred to the Committee due to the contrary views of Kings Langley Parish Council.

Christine Smith, Keith Smith and Diana Camden spoke in objection to the application.

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

Vote:

For: 3                          Against: 5                    Abstained: 3

Councillor Guest noted that the recommendation fell. She requested a motion to REFUSE the application.

It was proposed by Councillor Maddern and seconded by Councillor Beauchamp to REFUSE the application as the proposed development, by reason of its excessive density, scale, height, bulk, layout, design and appearance would be detrimental to the character and appearance of the area and harmful to the street scene contrary to Policies CS10, CS11 a) and CS12 g) of the adopted Dacorum Core Strategy and the NPPF (2019).

Vote:

For: 6                           Against: 2                    Abstained: 3      

Resolved: That planning permission be REFUSED.

Simon Dunn-Lwin introduced the report to Members on behalf of the Case Officer and said that the application had been referred to the Committee due to Chipperfield Parish Council supporting the application contrary to the officer’s recommendation.

Lorraine Sattin spoke in support of the application.

Chipperfield Parish Councillor Bryant spoke in support of the application.

It was proposed by Councillor McDowell and seconded by Councillor Hobson to REFUSE the application in line with the officer recommendation.

Vote:

For: 7                          Against: 0                    Abstained: 4      

Resolved: That the s73 application for variation of conditions 6 and 8 be REFUSED. The proposed replacement conditions would not be reasonable, precise or relevant to the permission granted and would diminish the case put forward and accepted as very special circumstances which justified inappropriate development in the Green Belt. Therefore the proposals do not accord with the NPPF, NPPG (Use of Conditions) and policy CS5 of the Core Strategy.

Olivia Stapleford introduced the report to Members.

It was proposed by Councillor McDowell and seconded by Councillor Stevens to CONFIRM the Article 4 Direction.

Vote:

For: 11                        Against: 0                    Abstained: 0       

Resolved: That the Article 4 Direction (ref: 19/02895/ART) made on 14^th November 2019 be CONFIRMED.

That the following appeals were noted:

A.   LODGED

B.DISMISSED