Agenda and draft minutes

Development Management
Thursday, 17th October, 2019 7.00 pm

Venue: Council Chamber, The Forum. View directions

Contact: Corporate and Democratic Support  01442 228209

Items
No. Item

284.

Minutes pdf icon PDF 165 KB

To confirm the minutes of the previous meeting.

Minutes:

The minutes of the meeting held on 26 September were confirmed by the Members present and were then signed by the Chairman.

285.

Apologies for absence

To receive any apologies for absence

Minutes:

There were no apologies for absence.

 

Apologies for lateness were received from Councillor Maddern.

 

Councillor Maddern arrived at 7:44pm.

286.

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.

287.

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.

288.

4/01922/19/MFA - COMPREHENSIVE REDEVELOPMENT OF THE SITE TO PROVIDE 21,726 SQM OF FLEXIBLE FLOORSPACE WITHIN USE CLASSES B1C/B2/B8 & ANCILLARY OFFICES, WITH CAR & CYCLING PARKING, ACCESS & LANDSCAPING. - LAND AT MAYLANDS AVENUE, HEMEL HEMPSTEAD, HP2 4NW pdf icon PDF 893 KB

Additional documents:

Minutes:

The Case Officer, Robert Freeman, introduced the report to Members and said that the application had been referred to the committee as the proposal constitutes a large-scale major application and as such is excluded from consideration at an officer level in accordance with the Scheme of Delegation.

 

It was proposed by Councillor Wyatt-Lowe and seconded by Councillor Riddick to DELEGATE the application with a VIEW to APPROVAL in line with the officer’s recommendation.

 

Vote:

 

For: 11                        Against: 0                    Abstained: 1     

 

Resolved:

 

a)    That planning permission beDELEGATED with a VIEW TO APPROVAL subject to the completion of a legal agreement under Section 106 of the Town and Country Planning Act 1990 (As Amended)

 

b)    That the legal agreement seeks to secure a contribution of £83,492.30 towards works under the Maylands Urban Realm Improvement programme

 

c)    That a revised plan for EV parking and cycle parking is submitted and referred to in revised conditions 8 and 16

 

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

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 in accordance with Policies CS12 and CS13 of the Core Strategy

 

3

Prior to the occupation of the development hereby approved, a noise control scheme shall be submitted for the approval of the Local Planning Authority. The assessment shall identify the sources of any noise from industrial activity and plan associated with the development and measure to be made for its control. The approved mitigation shall be implemented in accordance with the approved scheme and shall thereafter retained.

 

Reason: To ensure the noise control scheme remains relevant to the occupation of the site, it should outline any schedules for repair, maintenance and servicing of fixed plant or equipment. It should also contain a provision for review and revision of the noise control scheme, examples may include noise complaints, changes in the nature of site operations or hours of operation

 

INFORMATIVE

 

The noise control scheme should by way of assessment determine the likely noise impact on nearby sensitive receptors from the development and where required detailed measures to control it. Where guidance is available the assessment should have regard to this, for example the assessment of commercial/industrial noise shall consider BS 4142: 2014. Or any other equivalent standards.

 

4

No development shall commence until a Construction Traffic  ...  view the full minutes text for item 288.

289.

4/00932/19/FUL - DEMOLITION OF GARAGES AND THE CONSTRUCTION OF 5 DWELLINGS CONSISTING OF ONE 2-BEDROOM HOUSE AND TWO 2-BEDROOM APARTMENTS AND TWO 1-BEDROOM APARTMENTS, ASSOCIATED PARKING AND LANDSCAPING, BIN STORE AND WORKS TO ACCESS ROAD. - GARAGE SITE, LEYS ROAD, HEMEL HEMPSTEAD pdf icon PDF 367 KB

Additional documents:

Minutes:

Councillor Maddern arrived at 7:44pm and, therefore, did not participate or vote on this item.

 

The Case Officer, James Gardner, introduced the report to Members and said that the application had been referred to the committee as the site was formerly owned by Dacorum Borough Council.

 

It was proposed by Councillor Hobson and seconded by Councillor Uttley 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

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

 

407-210     Rev. P4

407-211     Rev. P3

407-212     Rev. P4

407-213     Rev. P4

 

Tree Protection Plan

 

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 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. 

 

Reason:  To ensure a satisfactory appearance to the development, in accordance with Policies CS11 and CS12 of the Dacorum Core Strategy (2013).

 

 

4

No development (other than that necessary for the discharge of this condition) 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:

 

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

The results from the application of an appropriate risk assessment methodology.

 

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.

 

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

 

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.

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.

 

 

5

Any contamination, other than that reported by virtue of Condition 1 encountered during the development of this site shall  ...  view the full minutes text for item 289.

290.

4/01643/19/FHA - TWO STOREY SIDE EXTENSION, PART TWO STOREY AND PART SINGLE STOREY REAR EXTENSION - 13 LOMBARDY DRIVE, BERKHAMSTED, HP4 2LG pdf icon PDF 363 KB

Additional documents:

Minutes:

This item was withdrawn from the agenda following the removal of objections from Berkhamsted Town Council.

291.

Appeals pdf icon PDF 64 KB

Minutes:

That the following appeals were noted:

 

A.   LODGED

 

B.   WITHDRAWN

 

C.   FORTHCOMING INQUIRIES

 

D.   FORTHCOMING HEARINGS

 

E.    DISMISSED

 

F.    ALLOWED

292.

Quarterly Enforcement Report pdf icon PDF 107 KB

Minutes:

Olivia Stapleford went through the Quarterly Enforcement Report and noted a number of items.

 

Councillors Wyatt-Lowe, Hobson and Symington queried a number of items which Olivia Stapleford answered.