Agenda and minutes

To confirm the minutes of the previous meeting.

The minutes of the meeting held on 11 June were confirmed by the Members present.

Hard-copy minutes will be signed by the Chair when restrictions are lifted.

To receive any apologies for absence.

There were no apologies for absence or substitutions.

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 Beauchamp declared a personal interest in this item, such that it would be considered a prejudicial interest, and, therefore, did not participate or vote on this item.

Councillor Wyatt-Lowe declared that she had called this item in and that she would be speaking in objection to it. She did not, therefore, participate or vote on this item.

Councillor Hobson declared a personal interest in this item, as in the past she had worked on mobile telecoms policy.

Legal Advisor, Jacqueline Hutton, confirmed that Councillor Hobson’s interest was not considered prejudicial and, therefore, Councillor Hobson did participate and 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 it had been called-in by a Ward Councillor.

Michael and Tina Moore spoke in objection to the application.

Councillor Colette Wyatt-Lowe spoke in objection to the application.

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

Councillor Oguchi declared that she had not been present for the entire presentation and, therefore, did not vote.

Vote:

For: 3               Against: 4                    Abstained: 3

Councillor Guest noted that the officer recommendation fell and asked for an alternative motion.

It was proposed by Councillor Maddern and seconded by Councillor Uttley to DEFER the application in order to obtain further information.

Vote:

For: 4               Against: 3                    Abstained: 3

Resolved: That the application be DEFERRED.

The Case Officer, Martin Stickley, introduced the report to Members and said that the application had been referred to the Committee as it had been called in by Councillor Christopher Townsend.

Simon Gilbert and Ian Hines spoke in objection to the application.

Councillor Christopher Townsend spoke in objection to the application.

Emma Guy spoke in support of the application.

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

Vote:

For: 10                        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 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; and

            o          minor artefacts and structures (e.g. sheds/outbuildings, refuse or other storage units, etc.).

            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 3 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 and its contribution to biodiversity and the local environment, as required by saved Policy 99 of the Dacorum Borough Local Plan (2004) and Policy CS12 (e) of the Dacorum Borough Council Core Strategy (2013).

 4.        Should any ground contamination be encountered during the construction of the development hereby approved (including groundworks) works shall be temporarily suspended, unless otherwise agreed in writing by the Local Planning Authority, and a Contamination Remediation Scheme shall be submitted to (as  ...  view the full minutes text for item 6.

Councillor Riddick declared that this application fell within his Ward but that he would be approaching it with an open mind. He did, therefore, participate and vote on this item.

The Case Officer, Robert Freeman, introduced the report to Members and said that the application had been referred to the Development Management Committee given the recommendation of Flaunden Parish Council and at the request of Cllr Riddick. Cllr Riddick was concerned that the proposals constituted inappropriate development and were by definition harmful to the Green belt.

It was proposed by Councillor Wyatt-Lowe and seconded by Councillor Durrant to GRANT the application in line with the officer recommendation with an added condition to ensure that the building remains for agricultural purposes in accordance with Policy CS5 of the Dacorum Borough Core Strategy.

Vote:

For: 10                        Against: 0                    Abstained: 3

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

Condition(s) and Reason(s):

 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:

            Drawing Nos 19-30-01 Revision B (Site Plan),

19-30-02 Revision A (Site Location Plan) and

19-30-03 Revision B

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

 3.        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 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 soft landscape works has been submitted to and approved in writing by the Local Planning Authority.  These details shall include a planting scheme with the number, size, species and position of trees, plants and shrubs and details of the finished floor level in relation to existing topographical information.

            The planting scheme 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 and  ...  view the full minutes text for item 7.

The Case Officer, Joan Reid, introduced the report to Members and said that the application had been referred to the Committee due to objection from the Town Council.

Malcolm Allen spoke in objection to the application.

Berkhamsted Town Councillor Anthony Armytage spoke in objection to the application.

Christina Burgess spoke in support of the application.

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

Vote:

For: 11                        Against: 1                    Abstained: 1

Resolved: That planning permission be GRANTED subject to the conditions set out below:

Condition(s) and Reason(s):

 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:

            9518/11

            9518/12

            9518/13

            9518/14

            9518/15

            9518/16

            9518/17

            9518/18

            9518/19

            9518/20

            9518/21

            Arboricultural Report dated 14^th Oct 2019

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

 3.        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 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.        The development hereby approved shall not be occupied until a properly scaled swept path diagram demonstrating that the proposed access /on-site turning /waiting area is accessible to Fire and utility vehicles in order to service the new property and enter and leave the highway in forward gear or (plans for alternative fire hydrant provision) has been submitted to and approved in writing by the local planning authority in consultation with the highway authority. Thereafter the construction of the development shall only be carried out in accordance with the approved Plan.

            Reason: In the interests of highway safety in accordance with policy CS8 and CS12.

 5.        Construction of the development hereby approved shall not commence until a detailed refuse collection plan in line with the regulations set out in Roads in Hertfordshire has been submitted to and approved in writing by the local planning authority in consultation with the highway authority. Thereafter the construction of the development shall only be carried out in accordance with the approved Plan

            Reason: In the interests of maintaining highway efficiency and safety in accordance with policy CS8 and CS12

 6.        No construction of the superstructure shall take place  ...  view the full minutes text for item 8.

The Case Officer, Colin Lecart, introduced the report to Members and said that the application had been referred to the Committee due to objection received from the Parish Council.

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

Vote:

For: 10                        Against: 0                    Abstained: 3      

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

Condition(s) and Reason(s):

 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:

            Application form (section 7 - Materials)

            3818_L3F (Proposed Site Layout)

            3818_P2D (Proposed Plans and Elevations

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

 3.        Vehicular visibility splays of 2.4m x 43m shall be provided, and thereafter maintained, in both directions from the access, within which there shall be no obstruction to visibility between a height of 0.6m and 2m above the carriageway.

            Reason: In the interest of highway safety in accordance with Policy CS12 of the Core Strategy (2013) and Saved Policy 54 of the Local Plan (2004).

 4.        Prior to the commencement of the use hereby permitted the proposed onsite car parking area shall be laid out, demarcated, levelled, surfaced and drained in accordance with the approved plan and retained thereafter available for that specific use.

            Reason: To ensure the permanent availability of the parking area, in the interests of highway safety in accordance with Policy CS12 of the Core Strategy (2013) and Saved Policy 54 of the Local Plan (2004).

 5.        The development shall not be brought into use until the altered vehicle crossover has been constructed to the current specification of the Highway Authority and to the Local Planning Authority's satisfaction.

            Reason: In the interest of highway safety and amenity and to ensure the development makes adequate provision for on-site parking and manoeuvring of vehicles likely to be associated with its use in accordance with Policy CS12 of the Core Strategy (2013) and Saved Policy 54 of the Local Plan (2004).

 6.        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:

            -           all external hard surfaces within the site;

            -           other surfacing materials;

            -           means of enclosure (heights)

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

-         position (tree and height) and details (box model) of bird/bat boxes to be placed on the site or building

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

            Any tree or  ...  view the full minutes text for item 9.

Martin Stickley introduced the report to Members, on behalf of the Case Officer, and said that the application had been referred to the Committee due to the contrary view of Berkhamsted Town Council.

Frank Klimaszewski spoke in objection to the application.

Berkhamsted Town Councillor Peter White spoke in objection to the application.

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

Councillor Maddern declared that she had not been present for the entire item and, therefore, did not vote.

Vote:

For: 4                          Against: 6                    Abstained: 2      

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

It was proposed by Councillor Hobson and seconded by Councillor Woolner to REFUSE the application as the proposed two-storey side/rear extension by virtue of its layout, scale, bulk and height would result in significant visual intrusion and loss of sunlight to No.22 Finch Road, thereby significantly harming the residential amenity of this neighbouring property, and being contrary to Policy CS12 (c) and (g) of the Dacorum Borough Local Plan (September 2013).

Vote:

For: 6                          Against: 3                    Abstained: 3

Resolved: That planning permission be REFUSED.

Item 5f was deferred.

Item 5g was deferred.

Item 5i was deferred.

That the following appeals were noted:

A.    LODGED

B.    DISMISSED

C.    ALLOWED

D.    WITHDRAWN