Agenda and minutes

To confirm the minutes of the previous meeting (these are circulated separately)

The minutes of the meeting held on 27 May were confirmed by the Members present.

Hard-copy minutes were signed by the Chair

 

To receive any apologies for absence

Apologies were received from Cllr Uttley (Substitute Cllr Stevens)

Apologies received from Cllr Woolner (Substitute Cllr Tindall)

Apologies were received from Cllr Maddern

 

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 Wyatt-Lowe 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.

 

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.

 

Councillor Wyatt-Lowe advised that members of public have registered to speak at this meeting and reminded any members of the public viewing the meeting about the rules of doing so.

 

The report was introduced by the case officer Andrew Parrish

 

It was proposed by Councillor Williams and seconded by Councillor Douris that it be Delegated with a view to Approval of conditions

 

Vote:

 

For:  8              against:  0                   Abstained:       1

 

Resolved; Delegated with a view to approval of conditions           

 

Condition(s) and Reason(s):

 

1.    Notwithstanding the details submitted, the details hereby permitted do not extend to the following matters:

 

• Solar panel siting and appearance
• Electric vehicle charging layout and infrastructure
• Cycle storage arrangements
• Proposals to dissuade vehicle parking along the shared driveways of the Green Spine
• Crime prevention measures
• Tree planting proposals
• Details to mitigate overlooking
• Details of the design and appearance of the balustrades serving the Gateway apartments

 

Reason: For the avoidance of doubt and because insufficient or unsatisfactory information has been submitted pursuant to Condition 1 of the outline permission 4/02539/16/MOA to demonstrate an acceptable layout, appearance and landscaping of the site.

 

2.    The Reserved Matters hereby approved shall be carried out in accordance with the following approved plans/documents:

 

CPL-SPH_HTA-A_DR_0001

CPL-SPH_HTA-A_DR_0002

CPL-SPH_HTA-A_DR_0100 A

CPL-SPH_HTA-A_DR_0110 B

CPL-SPH_HTA-A_DR_0111 A

CPL-SPH_HTA-A_DR_0112 A

CPL-SPH_HTA-A_DR_0113 A

CPL-SPH_HTA-A_DR_0120 A

CPL-SPH_HTA-A_DR_0121 A

CPL-SPH_HTA-A_DR_0122 A

CPL-SPH_HTA-A_DR_0123 A

CPL-SPH_HTA-A_DR_0124 A

CPL-SPH_HTA-A_DR_0125 A

CPL-SPH_HTA-A_DR_0126 A

CPL-SPH_HTA-A_DR_0127 A

 

CPL-SPH_HTA-A_DR_0130

CPL-SPH_HTA-A_DR_0131

CPL-SPH_HTA-A_DR_0132 A

CPL-SPH_HTA-A_DR_0133 A

CPL-SPH_HTA-A_DR_0135

CPL-SPH_HTA-A_DR_0136

CPL-SPH_HTA-A_DR_0137 A

CPL-SPH_HTA-A_DR_0138 A

 

CPL-SPH_HTA-A_DR_0200 C

CPL-SPH_HTA-A_DR_0201 B

CPL-SPH_HTA-A_DR_0202 B

CPL-SPH_HTA-A_DR_0203 C

CPL-SPH_HTA-A_DR_0204 B

 

CPL-SPH_HTA-A_DR_0210 B

 

CPL-SPH_HTA-A_DR_0300 C

CPL-SPH_HTA-A_DR_0301 C

CPL-SPH_HTA-A_DR_0301_1 A

CPL-SPH_HTA-A_DR_0302 B

CPL-SPH_HTA-A_DR_0303 B

CPL-SPH_HTA-A_DR_0304 C

CPL-SPH_HTA-A_DR_0305C

CPL-SPH_HTA-A_DR_0306 C

CPL-SPH_HTA-A_DR_0310 C

CPL-SPH_HTA-A_DR_0311 A

CPL-SPH_HTA-A_DR_0311_1 A

CPL-SPH_HTA-A_DR_0312 B

CPL-SPH_HTA-A_DR_0313 B

CPL-SPH_HTA-A_DR_0314 C

CPL-SPH_HTA-A_DR_0315 C

CPL-SPH_HTA-A_DR_0320 D

CPL-SPH_HTA-A_DR_0321 D

CPL-SPH_HTA-A_DR_0322 C

CPL-SPH_HTA-A_DR_0323 C

CPL-SPH_HTA-A_DR_0324 C

CPL-SPH_HTA-A_DR_0325 C

CPL-SPH_HTA-A_DR_0326 C

CPL-SPH_HTA-A_DR_0330 C

CPL-SPH_HTA-A_DR_0331 C

CPL-SPH_HTA-A_DR_0332 B

CPL-SPH_HTA-A_DR_0333 C

CPL-SPH_HTA-A_DR_0334 C

CPL-SPH_HTA-A_DR_0335 C

CPL-SPH_HTA-A_DR_0336

CPL-SPH_HTA-A_DR_0337

CPL-SPH_HTA-A_DR_0338

CPL-SPH_HTA-A_DR_0340C

CPL-SPH_HTA-A_DR_0341C

CPL-SPH_HTA-A_DR_0341_1 C

CPL-SPH_HTA-A_DR_0342 B

CPL-SPH_HTA-A_DR_0343 C

CPL-SPH_HTA-A_DR_0344 C

CPL-SPH_HTA-A_DR_0350 C

CPL-SPH_HTA-A_DR_0351 C

CPL-SPH_HTA-A_DR_0352 B

CPL-SPH_HTA-A_DR_0353 C

CPL-SPH_HTA-A_DR_0354 C

CPL-SPH_HTA-A_DR_0355 C

CPL-SPH_HTA-A_DR_0360 C

CPL-SPH_HTA-A_DR_0361 C

CPL-SPH_HTA-A_DR_0362 B

CPL-SPH_HTA-A_DR_0363 C

CPL-SPH_HTA-A_DR_0364 C

CPL-SPH_HTA-A_DR_0365 C

CPL-SPH_HTA-A_DR_0370 C

CPL-SPH_HTA-A_DR_0371 C

CPL-SPH_HTA-A_DR_0372 V

CPL-SPH_HTA-A_DR_0373 C

CPL-SPH_HTA-A_DR_0374 C

CPL-SPH_HTA-A_DR_0375 C

CPL-SPH_HTA-A_DR_0400 D

CPL-SPH_HTA-A_DR_0401 B

CPL-SPH_HTA-A_DR_0402 B

CPL-SPH_HTA-A_DR_0403 C

CPL-SPH_HTA-A_DR_0404 C

CPL-SPH_HTA-A_DR_0404_1

CPL-SPH_HTA-A_DR_0405 C

CPL-SPH_HTA-A_DR_0406 B

CPL-SPH_HTA-A_DR_0410 C

CPL-SPH_HTA-A_DR_0411 C

CPL-SPH_HTA-A_DR_0412 B

CPL-SPH_HTA-A_DR_0413 B

CPL-SPH_HTA-A_DR_0414 C

CPL-SPH_HTA-A_DR_0415 C

CPL-SPH_HTA-A_DR_0416 B

CPL-SPH_HTA-A_DR_0500 C

CPL-SPH_HTA-A_DR_0501 B

CPL-SPH_HTA-A_DR_0502 C

CPL-SPH_HTA-A_DR_0510 C

CPL-SPH_HTA-A_DR_0511 C

CPL-SPH_HTA-A_DR_0512 B

CPL-SPH_HTA-A_DR_0513 B

CPL-SPH_HTA-A_DR_0514 C

CPL-SPH_HTA-A_DR_0515 C

CPL-SPH_HTA-A_DR_0516 B

CPL-SPH_HTA-A_DR_0517 B

CPL-SPH_HTA-A_DR_0518 B

CPL-SPH_HTA-A_DR_0519 B

CPL-SPH_HTA-A_DR_0520 B

CPL-SPH_HTA-A_DR_0521 B

CPL-SPH_HTA-A_DR_0522 B

CPL-SPH_HTA-A_DR_0523 B

CPL-SPH_HTA-A_DR_0530 B

CPL-SPH_HTA-A_DR_0531 B

CPL-SPH_HTA-A_DR_0532 B

CPL-SPH_HTA-A_DR_0540 B

CPL-SPH_HTA-A_DR_0541 B

CPL-SPH_HTA-A_DR_0542 B

CPL-SPH_HTA-A_DR_0550 B

CPL-SPH_HTA-A_DR_0551 B

CPL-SPH_HTA-A_DR_0552 B

CPL-SPH_HTA-A_DR_0553 B

CPL-SPH_HTA-A_DR_0554 B

CPL-SPH_HTA-A_DR_0560 B

CPL-SPH_HTA-A_DR_0561 B

CPL-SPH_HTA-A_DR_0562 B

CPL-SPH_HTA-A_DR_0563 B

CPL-SPH_HTA-A_DR_0564 B

CPL-SPH_HTA-A_DR_0600 B

CPL-SPH_HTA-A_DR_0601 B

CPL-SPH_HTA-A_DR_0610 B

CPL-SPH_HTA-A_DR_0611 C

CPL-SPH_HTA-A_DR_0612 B

CPL-SPH_HTA-A_DR_0620 B

CPL-SPH_HTA-A_DR_0621 B

CPL-SPH_HTA-A_DR_0700 B

CPL-SPH_HTA-A_DR_0701 B

CPL-SPH_HTA-A_DR_0702 B

CPL-SPH_HTA-A_DR_0710 C

CPL-SPH_HTA-A_DR_0711 C

 

CPL-SPH_HTA-A_CGI_0005

CPL-SPH_HTA-A_CGI_0010

CPL-SPH_HTA-A_CGI_0011

CPL-SPH_HTA-A_CGI_0012

CPL-SPH_HTA-A_CGI_0013

CPL-SPH_HTA-A_CGI_0014

CPL-SPH_HTA-A_CGI_0015

CPL-SPH_HTA-A_CGI_0016

CPL-SPH_HTA-A_CGI_0017

CPL-SPH_HTA-A_CGI_0018

CPL-SPH_HTA-A_CGI_0019

 

CPL-SPH_HTA-A_CGI_0080

CPL-SPH_HTA-A_CGI_0081

 

CPL-SPH_HTA-A_DR_1000

CPL-SPH_HTA-A_DR_1001

CPL-SPH_HTA-A_DR_1002

CPL-SPH_HTA-A_DR_1003

CPL-SPH_HTA-A_DR_1010 A

 

CPL_SPH_SC_100 11

 

O00011-BCE-S02-XX-DR-C-8001-PL1

O00011-BCE-S02-XX-DR-C-8002-PL1

O00011-BCE-S02-XX-DR-C-8003-PL1

O00011-BCE-S02-XX-DR-C-8020-PL1

O00011-BCE-S02-XX-DR-C-8021-PL1

O00011-BCE-S02-XX-DR-C-8022-PL1

O00011-BCE-S02-XX-DR-C-8023-PL1

O00011-BCE-S02-XX-DR-C-8024-PL1

O00011-BCE-S02-XX-DR-C-8025-PL1

O00011-BCE-S02-XX-DR-C-8026-PL1

O00011-BCE-S02-XX-DR-C-8027-PL1

O00011-BCE-S02-XX-DR-C-8028-PL1

O00011-BCE-S02-XX-DR-C-8029-PL1

O00011-BCE-S02-XX-DR-C-8030-PL1

O00011-BCE-S02-XX-DR-C-8031-PL1

O00011-BCE-S02-XX-DR-C-8036-PL1

O00011-BCE-S02-XX-DR-C-8037-PL1

O00011-BCE-S02-XX-DR-C-8041-PL1

O00011-BCE-S02-XX-DR-C-8042-PL1

O00011-BCE-S02-XX-DR-C-8043-PL1

O00011-BCE-S02-XX-DR-C-8044-PL1

O00011-BCE-S02-XX-DR-C-8045-PL1

O00011-BCE-S02-XX-DR-C-8046-PL1  ...  view the full minutes text for item 5a

Cllr Hollinghurst declared an interest and was not able to partake in the discussion or voting on this item.

 

The report was introduced by the case officer Robert Freeman

 

There was no proposer or seconder for the officer recommendation to grant

 

It was proposed by Councillor Beauchamp and seconded By Councillor Williams to refuse

 

Vote:

 

For:  5              against:  0                   Abstained: 3             

 

 

Resolved:  Refused

The principle of the proposed entry level housing, by reason of its scale and siting would result in significant harm to the character and appearance of the countryside contrary to Policies CS1, CS2, CS7, CS10 and CS20 of the Core Strategy. Although the Council is not able to demonstrate a five year housing land supply, the Council are not satisfied that the benefits of allowing development would clearly outweigh the harm to the appearance of the countryside under paragraph 11 of the National Planning Policy Framework (NPPF) given that there would be a clear conflict with the requirements of paragraphs 77 and 78 of the NPPF and given a lack of associated infrastructure within the village of Wilstone

 

 

Councillor Hollinghurst declared an interest however was able to partake in this item

 

The report was introduced by the case officer Robert Freeman

 

It was proposed by Councillor Beauchamp and seconded by Councillor Durrant that the application be Granted     

 

Vote:

 

For:  9              against:  0                   Abstained: 1   

 

Resolved:  Granted

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:

           

            Plans

 

2762.03 C (Site Plan)

2762.05 A (Elevation)

2762.06 A (Elevation)

 

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

 

3.         No construction of the superstructure of the development shall take place until samples of the materials to be used in the construction of the development hereby approved. The 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 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).

 

4.         No development, including any demolition, shall commence unless and until a Demolition and Construction Methodology has first been submitted to and approved in writing by the Local Planning Authority to demonstrate that any proposed demolition, earthmoving, excavations, foundation construction or other building operations can be safely carried out without adversely affecting the stability of the adjacent canal infrastructure and to ensure that there would be no potential threat to the water environment of the adjoining canals and the wider network. Thereafter the development shall be carried out in full accordance with the approved details.

 

Reason: The detail is required prior to commencement in the interests of the structural integrity of the waterway and to safeguard the environment in accordance with Paragraphs 170 & 178-179 of the NPPF.

 

5.         No development shall take place until full details of the drainage proposals for the site have been submitted to and approved in writing by the Local Planning Authority. These details shall include:

 

-       Statement of compliance with the NPPF and NPPG policies, LPA local plan policies and HCC SuDS Policies.

 

-       Anecdotal information on existing flood risk with reference to most up to date data and information.

 

-       Establish location/extent of any existing and potential flood risk from all sources including existing overland flow routes, groundwater, flooding from ordinary watercourses referring to the national EA fluvial (river) and surface water flood maps.

 

-       Where infiltration is proposed, evidence of ground conditions/ underlying geology and permeability including BRE Digest 365 compliant infiltration tests should be provided. A  ...  view the full minutes text for item 5c

Not heard due to time constraints and will be heard at a future meeting

 

Not heard due to time constraints and will be heard at a future meeting

 

Cllr Douris declared personal interest and took part in meeting

The report was introduced by the case officer Briony Curtain

It was proposed by Councillor Williams and seconded by Councillor Durrant that the application be Granted

Vote:

For:   5            against:  3                   Abstained: 2

 

Resolved:  Granted

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:

           

            BURG/22105/BUNGIF rev X

            Location plan

           

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

 

 3.        (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.

 

 4.        All remediation or protection measures identified in the Remediation Statement referred to in Condition 3; above shall be fully implemented within the timescales and by the deadlines as set out in the Remediation Statement and a Site  ...  view the full minutes text for item 5f

Not heard due to time constraints and will be heard at a future meeting

 

Councillor Douris declared an interest however this was not prejudicial so took mark in discussion and voting.

 

The report was introduced by the case officer Natasha Vernal       

 

It was proposed by Councillor Williams and seconded by Councillor Hobson that the application be Granted    

 

Vote:

 

For: 4               against: 1                    Abstained: 5   

 

Resolved:  Granted

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:

           

            - 22103/SEMIB

            - 04/FIRE1 

           

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

 

 3.        The development hereby permitted shall be constructed in accordance with the materials specified on the application form.

           

            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).

 

 4.        No demolition/development shall take place/commence until a Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing. The scheme shall include assessment of significance and research questions; and:

 

            1. The programme and methodology of site investigation and recording

            2. The programme and methodology of site investigation and recording as required by the evaluation

            3. The programme for post investigation assessment

            4. Provision to be made for analysis of the site investigation and recording

            5. Provision to be made for publication and dissemination of the analysis and records of the site investigation

            6. Provision to be made for archive deposition of the analysis and records of the site investigation

            7. Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation.

           

 5.        i) Any demolition/development shall take place in accordance with the Written Scheme of Investigation approved under Condition 4.

 

            ii) The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition (4) and the provision made for analysis, publication and dissemination of results and archive deposition has been secured.

           

 6.        No development shall commence until a Construction Management Plan (or Construction Method Statement) has been submitted to and approved in writing by the Local Planning Authority.  Thereafter the construction of the development shall only be carried out in accordance with the approved Plan.  The Construction Management Plan / Statement shall include details of:

 

            a.           Construction vehicle numbers, type, routing;

            b.           Access arrangements to the site;

            c.           Traffic management requirements

            d.           Construction and storage compounds (including areas designated for car parking, loading / unloading and turning areas);

            e.           Siting and details of wheel washing facilities;

            f.            Cleaning  ...  view the full minutes text for item 5h

The report was introduced by the case officer Natasha Vernal  

 

 

It was proposed by Councillor Durrant and seconded by Councillor Williams that the application be Granted

 

Vote:

 

For:  5              against: 0                    Abstained: 5   

 

Resolved:  Granted

1.         The works hereby permitted shall begin before the expiration of three years from the date of this consent.

           

            Reason:  To comply with Section 18 of the Planning (Listed Building and Conservation Areas) Act 1990, as amended by Section 51 (4) 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:

           

            - 22103/SEMIB

            - 04/FIRE1 

           

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

 

 

Informatives:

 

 

 1.        Listed building consent 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.

 

 

Not heard due to time constraints and will be heard at a future meeting

 

Not heard due to time constraints and will be heard at a future meeting

 

Not heard due to time constraints and will be heard at a future meeting