Agenda and minutes

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

The minutes of the meeting held on 8^th July 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, she is recovering from an operation and the committee wishes her a speedy recovery.

Apologies were received from Cllr McDowell

Apologies were received from Cllr Hobson

Apologies were received from Cllr Wyatt Lowe

Cllr Hollinghurst and Cllr Oguchi were not present

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 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 running order of items was changed to allow for speakers and items deferred from the previous meeting to be heard first.

The report was introduced by the case officer Martin Stickley

It was proposed by Councillor Taylor and seconded by Councillor Beauchamp that it be Granted

Vote:

For:  6            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.        No development shall take place until the final design of the drainage scheme is submitted to and approved in writing by the Local Planning Authority, in consultation with the Lead Local Flood Authority. The surface water drainage system will be based on the submitted the Flood Risk Assessment reference M03001-04_FR07 dated December 2020 prepared by McCloy Consulting and Drainage Strategy reference M03001-04_DG03 dated December 2020 prepared by McCloy Consulting. The scheme shall also include:

            1. Limiting the surface water run-off rates to a maximum of 2l/s for all rainfall events up to and including the 1 in 100 year + climate change event with discharge into the Thames surface Water sewer.

            2. Provide attenuation to ensure no increase in surface water run-off volumes for all rainfall events up to and including the 1 in 100 year + climate change event.

            3. Implement drainage strategy to include permeable paving, filter drain and attenuation tank.

            4. Where infiltration is proposed infiltration testing in accordance with BRE Digest 365 at the proposed depth and location of the proposed SuDS feature.

            5. Detailed engineered drawings of the proposed SuDS features including their location, size, volume, depth and any inlet and outlet features including any connecting pipe runs and all corresponding calculations/modelling to ensure the scheme caters for all rainfall events up to and including the 1 in 100 year + 40% allowance for climate change event, with a supporting contributing area plan.

            6. Demonstrate appropriate SuDS management and treatment for the entire site including the access road. To include exploration of source control measures and to include above ground features such as permeable paving.

            7. Maintenance and management plan for the SuDS features.

            The scheme shall be implemented in accordance with the approved details.

            Reason: To prevent flooding by ensuring the satisfactory storage of and disposal of surface water from the site in accordance with Policy CS31 of the Dacorum Borough Core Strategy (2013) and Paragraphs 163 and 165 of the National Planning Policy Framework (2019).

 3.        (a)       The Local Planning Authority is of the opinion that the Preliminary Investigation Report submitted at the planning application stage (Document Reference: RSK Preliminary Risk Assessment 1921152-06(00) March 2020) indicates a reasonable likelihood of harmful contamination and so 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  ...  view the full minutes text for item 5a

The report was introduced by the case officer James Gardner

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

Vote:

For:  6            against:  0                 Abstained: 1 

Resolved:  Granted

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:

            20011wd2.01     Rev. O

            20011wd2.05     Rev. E

            20011wd2.06     Rev. B

            20011wd2.07   

            20011wd2.10     Rev. F

            20011wd2.11     Rev. F

            20011wd2.12     Rev. I

            20011wd2.13     Rev. K

            20011wd2.14     Rev. H

            20011wd2.15     Rev. I

            20011wd2.16     Rev. D

WIL/100/LA/01/C

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

 3.        No development above slab level shall take place until details of the materials to be used in the construction of the external surfaces of the dwellings 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 satisfactory appearance to the development and to safeguard the visual character of the area in accordance with Policies CS11, CS12 and CS27 of the Dacorum Borough Core Strategy (2013) and Policy 120 of the Dacorum Local Plan (2004).

 4.        The window at first floor level in the south-western elevation of Plot 1 shall be permanently fitted with obscured glass unless otherwise agreed in writing by the Local Planning Authority.

            Reason:  In the interests of the residential amenities of the occupants of the adjacent dwellings in accordance with Policy CS12 (c) of the Dacorum Borough Council Core Strategy (2013) and Paragraph 127 (f) of the National Planning Policy Framework (2021).

 5.        The smaller of the two windows at first floor level in the north-western elevation of Plot 4 shall be permanently fitted with obscured glass unless otherwise agreed in writing by the Local Planning Authority.

            Reason:  In the interests of the residential amenities of the occupants of the adjacent dwellings in accordance with Policy CS12 (c) of the Dacorum Borough Council Core Strategy (2013) and Paragraph 127 (f) of the National Planning Policy Framework (2021).

 6.        The dwellings hereby approved shall not be occupied until the access road has been re-aligned in accordance with the details shown on drawing no.  20011wd2.01 (Rev. O).

            Reason: In order to ensure a safe and satisfactory means of access to the development for all users, in accordance with Policy CS12 of the Dacorum Core Strategy (2013).

 7.        No development above slab level shall take place until details of a scheme to provide dropped kerbs and tactile paving to link the footways on either side of the access road has been submitted to and approved in writing by the local planning authority.

            The dropped kerbs and tactile paving shall be fully provided in accordance  ...  view the full minutes text for item 5b

Cllr Stevens declared an interest and did not take part in the debate or voting on this item.

The report was introduced by the case officer Briony Curtain on behalf of Elspeth Palmer

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

Vote:

For:  2   against:  2             Abstained: 2

Cllr Guest gave her casting vote in favour of the officer’s recommendation.

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.         No development (excluding demolition/ground investigations) shall take place until details of the proposed cladding for the gable end 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.        The materials to be used in the construction of the external surfaces of the development hereby permitted except for those materials covered in condition 2 (especially brick and slates) 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 street scape character and the character of the Berkhamsted Conservation area in accordance with Policies CS11, CS12 and CS27 of the Dacorum Borough Core Strategy (2013).

 4.        The new and replacement roof lights hereby approved shall be conservation style roof lights and be retained in perpetuity.

            Reason:  To make sure that the appearance of the building is suitable and that it contributes to the street scape character and the character of the Berkhamsted Conservation area in accordance with Policies CS11, CS12 and CS27 of the Dacorum Borough Core Strategy (2013).

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

            Site Location Plan P292_LP_01 

            Proposed Ground Floor Plan P292_GA_01-REV 2

            Proposed Floor Plans P292_GA_02-REV 2

            Proposed Front and Rear Elevations P292_GA_03-REV 2

            Existing and Proposed Side Elevations P292_GA_04-REV 2

            Proposed side and rear elevations with additional level information P292 GA 06

            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  ...  view the full minutes text for item 5c

The report was introduced by the case officer Briony Curtain on behalf of Elspeth Palmer

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

Vote:

For:   6           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 materials to be used between the windows must comply with those materials submitted to discharge condition 2 of 20/00089/FUL under 21/00196/DRC.

            (A covering letter was submitted with the DRC showing the details of the materials to be used between the windows as Vertical Timber Cladding painted Black - a photo showing part of the building constructed with these materials was submitted.)

            Reason: To ensure satisfactory appearance to the development and to safeguard the visual character of the area in accordance with Policies CS12 and CS27 of the Dacorum Borough Core Strategy (2013).

 3.        The development hereby permitted shall be constructed in accordance with the materials specified on the application form submitted with application 20/00089/FUL with the exception of those which describe boundary treatment and the materials between the windows - these are to be addressed via other conditions which require details of boundary treatment and materials.

            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 CS12 and CS27 of the Dacorum Borough Core Strategy (2013).

 4.        As shown on the approved plans the full size windows at ground floor on the eastern elevation must be non – opening to ensure that no permanent access is allowed to this side of the dwelling and thus further enlargement of the curtilage of the dwelling.

            Reason:  To avoid any encroachment into the Green Belt by the construction of a footpath along this side boundary and therefore to comply with the NPPF and CS 5 Green Belt.

 5.        All remediation or protection measures identified in the Remediation Statement referred to in Condition (4) of planning application 4/01658/16/FUL shall be fully implemented within the timescales and by the deadlines as set out in the Remediation Statement and a Site Completion Report shall be submitted to and approved in writing by the local planning authority prior to the first occupation of any part of the development hereby permitted.

            For the purposes of this condition a Site Completion Report shall record all the investigation and remedial or protection actions carried out. It shall detail all conclusions and actions taken at each stage of the works including validation work. It shall contain quality assurance and validation results providing evidence that the site has been remediated to a standard suitable for the approved use.

            Reason: To ensure that the issue of  ...  view the full minutes text for item 5d

The report was introduced by the case officer Briony Curtain

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

Vote:

For:   6           against:  0                 Abstained: 1

Resolved:  Granted

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

            1091-SP-01 Rev B

            1091-EL-01 Rev B

            1091-GA-01 Rev B

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

Informatives:

 2.        INFORMATIVES

            1. Storage of materials: The applicant is advised that the storage of materials associated with the construction of this development should be provided within the site on land which is not public highway, and the use of such areas must not interfere with the public highway. If this is not possible, authorisation should be sought from the Highway Authority before construction works commence.

            Further information is available via the website

            https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-information/business-licences/business-licences.aspx or by telephoning 0300 1234047.

            2. Obstruction of public highway land: It is an offence under section 137 of the Highways Act 1980 for any person, without lawful authority or excuse, in any way to wilfully obstruct the free passage along a highway or public right of way. If this development is likely to result in the public highway or public right of way network becoming routinely blocked (fully or partly) the applicant must contact the

            Highway Authority to obtain their permission and requirements before construction works commence.

            Further information is available via the website

            https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-information/business-licences/business-licences.aspx or by telephoning 0300 1234047.

            3. Road Deposits: It is an offence under section 148 of the Highways Act 1980 to deposit mud or other debris on the public highway, and section 149 of the same Act gives the Highway Authority powers to remove such material at the expense of the party responsible. Therefore, best practical means shall be taken at all times to ensure that all vehicles leaving the site during construction of the development are in a condition such as not to emit dust or deposit mud, slurry or other debris on the highway.

Further information is available via the website

            https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/highways-roads-and-pavements.aspx or by telephoning 0300 1234047.

            4. The Highway Authority requires the alterations to or the construction of the vehicle crossover to be undertaken such that the works are carried out to their specification and by a contractor who is authorised to work in the public highway. If any of the works associated with the construction of the access affects or requires the removal and/or the relocation of any equipment, apparatus or structures (e.g. street name plates, bus stop signs or shelters, statutory authority equipment etc.), the applicant will be required to bear the cost of such removal or alteration. Before works commence the applicant will need to apply to the Highway Authority to obtain their permission and requirements. The applicant may need to apply to Highways (Telephone 0300 1234047) to arrange this, or use link:-

            https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/changes-to-your-road/dropped-kerbs/dropped-kerbs.aspx or by telephoning 0300 1234047.

 1.        Planning permission has been granted for this proposal. The Council  ...  view the full minutes text for item 5e

The report was introduced by the case officer Nigel Gibbs on behalf of Robert Freeman

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

Vote:

For:   4           against:  0                 Abstained: 3

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

PL06 Revision B (Street Elevation)

PL07 Revision C (Site Plan)

PL08 Revision C (Floor Plans)

PL09 Revision B (Elevations)

PL10 Revision C (3D Views)

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

3.         No development of the superstructure shall take place until samples of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

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.         The development, hereby approved, shall not be occupied until the access and parking arrangements shown on drawing PL07 Revision C (Site Plan) have been provided. These parking arrangements shall be thereafter retained in accordance with the approved drawings.

Reason: To ensure construction of a satisfactory development and in the interests of highway safety in accordance with Policy 5 of Hertfordshire’s Local Transport Plan (adopted 2018).

5.         No construction of the superstructure shall take place until details of proposed sustainability measures within the development shall be submitted to and agreed in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved details unless otherwise agreed in writing with the Local Planning Authority.

Reason:  To ensure the sustainable development of the site in accordance with the aims of Policies CS28 and CS29 of the Dacorum Borough Core Strategy (2013), the Sustainable Development Advice Note (2016) and Paragraphs 150 and 153 of the National Planning Policy Framework (2019).

6.         No development shall take place until a ventilation strategy has been submitted for the approval of the LPA to protect likely future occupiers of new housing from exposure to road transportation noise ingress.

The ventilation strategy shall include an assessment of the likely impact on the residential occupation and shall also consider:

-       How the ventilation strategy impacts on the acoustic conditions. Where the provision Includes any Mechanical Ventilation and Heat Recovery (MVHR) systems, to ensure this does not compromise the internal sound levels achieved by sound insulation of the external façade

-       Service  ...  view the full minutes text for item 5f

The report was introduced by the case officer Natasha Vernal

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

Vote:

For:   6           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:

            - 1B

            - 04E

            - 05E

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

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

            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).

Informatives:

1.           Planning permission 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 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.

Item 5h was deferred to a future meeting

Cllr Stevens declared an interest and did not take part in the debate or voting

The report was introduced by the case officer Briony Curtain on behalf of Jane Miller       

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

Vote:

For: 2              against: 2                  Abstained: 2

Cllr Guest used her casting vote and voted in favour of the officers recommendation.

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:

            02 PL Rev B

            Location Plan

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

 3.        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, CS12 and CS27 of the Dacorum Borough Core Strategy (2013).

The report was introduced by the case officer Briony Curtain on behalf of Tristan Goldsmid  

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

Vote:

For:  6             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;

            No FS2 A

            Design and Access Statement

            Location Plan

            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).

Sara ran through a few key items on the report and was happy to take questions from the members

No questions