Agenda and draft minutes

Development Management - Thursday, 2nd September, 2021 7.00 pm

Venue: Council Chamber, The Forum. View directions

Contact: Corporate and Democratic Support  01442 228209

Items
No. Item

1.

Minutes

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

Minutes:

The minutes of the meeting held on 5 August were confirmed by the Members present.

Hard-copy minutes were signed by the Chair

2.

Apologies for absence

To receive any apologies for absence

Minutes:

Apologies were received from Cllr Guest (Substitute Cllr Beauchamp)

Apologies were received from Cllr Uttley (Substitute Cllr Stevens)

Apologies received from Cllr Woolner (Substitute Cllr Allen)

Apologies were received from Cllr Williams (Substitute Cllr Anderson)

Cllr Oguchi was not present

3.

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 Beauchamp asked Members to remember to declare any Disclosable Pecuniary or other Interests at the beginning of the relevant planning application

4.

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 Beauchamp 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

5.

Index to planning applications pdf icon PDF 11 KB

Minutes:

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

5a

21/00737/FUL - Change of use to house of multiple occupancy - 40 Valleyside Hemel Hempstead Hertfordshire HP1 2LN pdf icon PDF 332 KB

Minutes:

The report was introduced by the case officer Nigel Gibbs

 

There was no proposer or seconder for the officer recommendation so the committee moved to an alternative motion to refuse.

 

It was proposed by Councillor Maddern and seconded by Councillor Wyatt-Lowe that it be Refused

 

Vote:

 

For:  9              against:  0                   Abstained:       2

 

Resolved; Refused

 

Reason(s):

 

1.         It has not been demonstrated that the application site could provide more than one off-street parking space to serve the occupiers of the proposed development, which could include double occupancy of some rooms taking into account their size. The resulting displacement of parking needs onto the surrounding highway network would cause significant harm by exacerbating existing parking stress in the locality and is contrary to Policy CS12 (b) of the Dacorum Borough Core Strategy (2013) and Dacorum’s Car Parking Standards as outlined in Appendix A of the Dacorum Borough Council ‘Parking Standards’ Supplementary Planning Document

5b

21/01483/FUL - Demolition of existing bungalows, construction of 8 semi-detached houses and associated access, parking and landscaping - 45 - 46 Chesham Road Bovingdon Hertfordshire HP3 0EA pdf icon PDF 642 KB

Minutes:

This item was deferred until a future meeting

5c

21/02260/FUL - Construction of two detached dwellings - Annapurna Hogpits Bottom Flaunden Hemel Hempstead Hertfordshire HP3 0PX pdf icon PDF 256 KB

Minutes:

The report was introduced by the case officer Daniel Terry

 

It was proposed by Councillor Wyatt-Lowe and seconded by Councillor Hobson that the application be Granted     

 

Vote:

 

For:  10             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:

 

 

110 REV C

200 REV A

201 REV B

202 REV B

210 REV B

211 REV B

 

 

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

 

 3.        Prior to the commencement of development hereby approved, an Arboricultural Method Statement and Tree Protection Plan prepared in accordance with BS5837:2012 (Trees in relation to design, demolition and construction) setting out how trees shown for retention shall be protected during the construction process, shall be submitted to and approved by the Local Planning Authority.  No equipment, machinery or materials for the development shall be taken onto the site until these details have been approved.  The works must then be carried out according to the approved details and thereafter retained until competition of the development.

           

            Reason:  In order to ensure that damage does not occur to trees and hedges during building operations in accordance with saved Policy 99 of the Dacorum Borough Local Plan (2004), Policy CS12 of the Dacorum Borough Core Strategy (2013) and Paragraph 174 of the National Planning Policy Framework (2021).

 

 4.        Prior to the commencement of the development hereby permitted details of the foul water drainage system shall be submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved details prior to occupation and shall be thereafter retained.

           

            Reason:  To ensure that the site is subject to an acceptable drainage system serving the development and 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 Paragraph 169 of the National Planning Policy Framework (2021).

 

 5.        No development (excluding demolition/ground investigations) shall take place above slab level 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 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).

 

 6.        No development shall take place above slab level until details of proposed sustainability measures within the development shall be submitted to and agreed in  ...  view the full minutes text for item 5c

5d

20/03194/MFA - Use of land for film making to include earth works to remove 'bund' and construction of 3 permanent studios & creation of 'backlot space' to allow for construction of temporary studios with associated support services and parking. Use of former control tower as office space and/ or as film set. Construction of security building at entrance. - Bovingdon Airfield Chesham Road Bovingdon Hemel Hempstead Hertfordshire HP5 3RR pdf icon PDF 667 KB

Minutes:

This item was deferred to a future meeting

5e

21/02104/FUL - Replacement dwellinghouse - Garden Cottage, Kingshill Way, Berkhamsted, Hertfordshire, HP4 3TP pdf icon PDF 222 KB

Minutes:

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

 

The report was introduced by the case officer Daniel Terry

It was proposed by Councillor Anderson and seconded by Councillor Wyatt-Lowe that the application be Granted

Vote:

For:   8           against:  1                 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 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).

 

 3.        The development hereby permitted shall be carried out in accordance with the

following approved plans/documents:

2270/02G;

2270/03G;

2270/04B;

2270/05B.

 

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

 

 4.        Prior to the commencement of development hereby approved, an Arboricultural Method Statement and Tree Protection Plan prepared in accordance with BS5837:2012 (Trees in relation to design, demolition and construction) setting out how trees shown for retention shall be protected during the construction process, shall be submitted to and approved by the Local Planning Authority.  No equipment, machinery or materials for the development shall be taken onto the site until these details have been approved.  The works must then be carried out according to the approved details and thereafter retained until competition of the development.

           

            Reason:  In order to ensure that damage does not occur to trees and hedges during building operations in accordance with saved Policy 99 of the Dacorum Borough Local Plan (2004), Policy CS12 of the Dacorum Borough Core Strategy (2013) and Paragraph 174 of the National Planning Policy Framework (2021).

 

 5.        No development shall take place above slab level until details of biodiversity enhancement measures have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details prior to occupation of the dwelling.

           

            Reason: In the interests of improving biodiversity in the Borough and delivering a biodiversity net gain in accordance with paragraph 174 of the National Planning Policy Framework (2021).

 

 6.        The dwellings hereby approved shall not be occupied until the Electric Vehicle Charging Points and associated infrastructure has been provided in accordance with drawing 2270/02F. The Electric Vehicle Charging points and associated infrastructure shall thereafter be retained in accordance with the approved details.

           

            Reason: To ensure that adequate provision is made for the charging of electric vehicles in accordance with Policies CS8, CS12 and CS29 of the Dacorum Borough Core Strategy (2013) and the Car Parking Standards Supplementary Planning Document (2020).  ...  view the full minutes text for item 5e

5f

21/00072/FUL - New dwelling - 5 Highbarns Hemel Hempstead Hertfordshire HP3 8AF pdf icon PDF 198 KB

Minutes:

Cllr Maddern declared that she was a member of the parish council and comes to this with an open mind

 

The report was introduced by the case officer Colin Lecart

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

Vote:

For:   4           against:  5                 Abstained: 2

The committee moved to an alternative motion to refuse

It was proposed by Councillor Stevens and seconded by Councillor Hollinghurst that the application be Refused

Vote:

For:   4           against:  2                 Abstained: 5

 

Resolved:  Refused

Reason(s):

1.         The development would have a rear garden depth of approximately 7.8m and, therefore, does not meet the depth required for private amenity space by Saved Appendix 3 of the Dacorum Local Plan (2004). Furthermore, it is considered that open space to the northeast is not in close proximity to the site to justify the reduction in garden depth. Therefore, the proposal would not provide an adequate level of outdoor private amenity space for future occupiers, contrary to Saved Appendix 3 (ii) of the Dacorum Borough Local Plan (2004).

2.         As a result of its layout, site coverage and resulting proximity to the boundary with Pond Road, it is considered the development would have a detrimental impact on the character of the street scene and therefore would not comply with Policy CS12 (f) and (g) of the Dacorum Borough Core Strategy (2013).

 

5g

20/01889/FUL - New Dwelling - Land At Birch Lane To Side Of Annexe Of 96/97 Flaunden Flaunden Hertfordshire HP3 0PT pdf icon PDF 611 KB

Minutes:

The report was introduced by the case officer Heather Edny

It was proposed by Councillor Wyatt-Lowe and seconded by Councillor Durrant that the application be Granted

Vote:

For:   3           against:  5                 Abstained: 2

 

The committee moved to an alternative motion to refuse

It was proposed by Councillor Anderson and seconded by Councillor McDowellthat the application be Refused

Vote:

For:   5           against:  2                 Abstained: 3

 

Resolved:  Refused

Reason(s):

 

 1.        By reason of the absence of built form along the frontage of the site and land to its north, it is not considered that the proposed development constitutes limited infilling in villages. Consequently, the proposed two-storey dwelling is inappropriate development in the Green Belt and is, by definition, harmful to the Green Belt. There are no very special circumstances that would justify the proposed development. Therefore, the proposals fail to comply with Policy CS5 of the Dacorum Bore Core Strategy (2013) and the National Planning Policy Framework.

 

2.         By virtue of the formal separation of No.94 from its private amenity space to the north, and in particular through the requirement of this application to relocate No.94’s refuse bin storage requirements into No.94’s remaining and very small rear courtyard area, the proposals would not provide an adequate level of outdoor private amenity space for future occupiers of No.94, contrary to Saved Appendix 3 (ii) of the Dacorum Borough Local Plan (2004).

 

 

5h

20/03929/RET - Retention of agricultural building and glasshouse - Land East Of Delmer End Lane Flamstead St Albans Hertfordshire AL3 8ER pdf icon PDF 250 KB

Minutes:

This item was deferred to a future meeting

 

5i

21/01882/FHA - Alteration to boundary wall including removal of a 3m section of 2.4m high garden wall at the rear of 17 Castle St. Replacement wall to be built on new boundary line - 17 Castle Street Berkhamsted Hertfordshire HP4 2BQ pdf icon PDF 252 KB

Minutes:

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

           

The report was introduced by the case officer Natasha Vernal

 

It was proposed by Councillor Wyatt-Lowe and seconded by Councillor Durrant that the application be Granted    

 

Vote:

 

For: 6              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:

           

            - 04

            - Existing and Proposed Plans

            - Design and Access Statement

           

            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. All new bricks, brick bond and mortar shall match the existing materials.

           

            Reason:  To ensure that the character or appearance of the designated heritage asset is preserved or enhanced as required per Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990, Policy CS27 of the Dacorum Borough Core Strategy (2013) and Section 16 of the National Planning Policy Framework (2021).

           

 

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.

 

6.

Planning Enforcement Report pdf icon PDF 271 KB

Minutes:

The report was noted

 

7.

Addendum pdf icon PDF 1 MB