Agenda and minutes

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

The minutes of the meeting held on 13 Jan 2022 were confirmed by the Members present.

Hard-copy minutes were signed by the Chair

To receive any apologies for absence

Apologies received from Cllr McDowell

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. 5(d) 5(c) and 5(e) were heard before 5(b).

Cllr Stevens advised that he was speaking in objection to this item on behalf of Berkamstead Town Council so would abstain from the discussion and vote.

The report was introduced by the case officer Andrew Parrish

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

Vote:

For:   6            against:  2                   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:

            1545-BA-100

            1545-BA-111 rev D

            1545-BA-112 rev 112D Bin storage

            1545-BA-113 rev E

            1545-BA-114 rev B

            1545-BA-115 rev C

            1545-BA-116 rev B

            1545-BA-117 rev C

            1545-BA-118 rev 118E Bin storage

            1545-BA-119 rev B

            1545-BA-120 rev C

            1545-BA-121 rev A

            1545-BA-123 rev 123D Bin storage

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

 3.        No development (excluding demolition, site preparation, ground works) shall take place until samples of the materials (together with summary details) to be used in the construction of the external surfaces of the development hereby permitted shall have been submitted to 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 conservation area in accordance with Policies CS11, CS12 and CS27 of the Dacorum Borough Core Strategy (2013), Saved Policy 120 of the Dacorum Borough Local Plan and the National Planning Policy Framework.

 4.        The development shall be carried out in accordance with the approved plans and elevations and no development (excluding demolition, site preparation, ground works) shall take place until 1:20 details of the design and appearance of the following shall have been submitted to and approved in writing by the local planning authority:

            o all new windows, replacement windows, external doors and openings (including materials, finishes, sills, window headers). The details shall include vertical and horizontal cross-sections through the openings to show the position of joinery within the openings;

            o dormer window;

            o bin store doors;

            o eaves joinery and rainwater goods to the new porch;

            o Balustrades.

            The development shall be carried out in accordance with the approved details.

            Reason: To ensure a satisfactory appearance to the development and street scene in accordance with Policy CS12 and CS27 of the Dacorum Core Strategy September 2013 and saved Policy 120 of the Dacorum Borough Local Plan 1991-2011.

 5.        All replacement brickwork in association with removed or repositioned openings shall be made good and keyed into existing brickwork in a matching brickbond, brick  ...  view the full minutes text for item 5a

The report was introduced by the case officer Daniel Terry

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

Vote:

For:  11           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.        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 and to comply with paragraphs 174 (e) and (f), 183 and 184 of the National Planning Policy Framework 2021.

 3.        Any contamination, other than that reported by virtue of Condition 2 encountered during the development of this site shall be brought to the attention of the Local Planning Authority as soon as practically possible; a scheme to render this contamination harmless shall be submitted to and agreed by, the Local Planning Authority and subsequently fully implemented prior to the occupation of this site. Works shall be temporarily suspended,  ...  view the full minutes text for item 5b

Cllr Hollinghurst declared that he was approached by residents regarding this application however he came to the item with an open mind and was able to take part in the discussion and vote

The report was introduced by the case officer Colin Lecart

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

Vote:

For:  10               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 carried out in accordance with the following approved plans/documents:

            TGCR/21/PL01C

            TGCR/21/PL02A

            TGCR/21/PL03

            TGCR/21/PL04A

            TGCR/21/PL05

            LP/WGTBWH/020B

            Landscaping Statement (Davide Clarke Chartered Landscape Architet and Consultant Arboriculturist) (Submitted 04.02.2022)

            CS29 Checklist (July 2021)

            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.        Tree protection measures before and during the construction phases of the development shall be implemented and carried out in accordance with Tree Protection Plan TPP/WGTBWH/010A and the submitted Arboricultural Method Statement (David Clarke Chartered Landscape Architect and Consultant Arboriculturist - 04.02.2022).

            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.        The landscaping works shown on drawing LPWGTBWH/020B and detailed within the submitted Landscape Statement (David Clarke Chartered Landscape Architect and Consultant Arboriculturist - submitted January 2022) 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 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).

 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, including elements of the CLOCS standards as set out in the  ...  view the full minutes text for item 5c

Cllr Oguchi arrived part way through item 5d and was not able to take part in the discussion or vote.

Cllr Maddern advised that she had been approached by a resident however did not take part on any discussions, she came with an open mind and was able to take part in the debate and vote.

The report was introduced by the case officer Robert Freeman

It was proposed by Councillor Williams and seconded by Councillor Hobson that the application be Granted with the removal of Class A Permitted Development Rights

Vote:

For:   5             against: 5                    Abstained: 1

Cllr Guest used her casting vote as Chair and voted in favour of the officers recommendation with removal of Class A Permitted Development Rights

Resolved: Granted with an additional condition, requiring the removal of Schedule 2, Part 1, Class A Permitted Development Rights

Conditions):

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

            76BLHH-601

            76BLHH-602

            76BLHH-603

            76BLHH-604

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

 2.        The development hereby permitted shall be constructed in accordance with the materials specified on the plans hereby approved.

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 approved, shall not be occupied until details of the access circulation and parking arrangements shall have been submitted and approved in writing by the local planning authority. These plans should show the provision of adequate visibility splays to the site entrance, the provision of two parking spaces per unit, the location and type of EV charging infrastructure and appropriate circulations space within the site to enter and exit the site in a forward gear. These parking arrangements shall be provided and shall 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).

4.         The development hereby permitted shall not commence until a detailed remediation scheme has been submitted to and approved in writing by the local planning authority. The scheme shall include an appraisal of remediation options, identification of the preferred option(s), the proposed remediation objectives and remediation criteria, and a description and programme of the works to be undertaken including the verification plan. The remediation scheme shall be sufficiently detailed and thorough to ensure that upon completion the site will not qualify as contaminated land under Part IIA of the Environmental Protection Act 1990 in relation to its intended use. The approved remediation scheme shall be carried out and upon completion a verification report by a suitably qualified contaminated land practitioner shall be submitted to and approved in writing by the local planning authority before the development is occupied.

Reason:  To ensure that any contamination  ...  view the full minutes text for item 5d

The report was introduced by the case officer Colin Lecart

There was no proposer or seconder for the officer’s recommendation therefore there was an alternative vote for refusal with planning reasons

It was proposed by Councillor Hobson and seconded by Councillor Durrant that the application be Refused

Vote:

For:  11           against:  0                   Abstained: 1

Resolved:  Refused

It is considered the proposed mast would fail to satisfactorily integrate with the open character of the street scene due to its overall size, height and appearance. The development therefore does not comply with Policy CS12(f) of the Core Strategy (2013) and Policy 126 of the Local Plan (2004).

Cllr Stevens declared that he has received comments on this application to Berkhamsted Town Council and abstained from the discussion and vote.

The report was introduced by Philip Stanley on behalf of the case officer Briony Curtain.

It was proposed by Councillor Beauchamp and seconded by Councillor Durrant 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:

            DBC / 21 / 6 / 2B

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

 3.        Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended)  (or any Order amending or re-enacting that Order with or without modification) no windows, dormer windows, doors or other openings other than those expressly authorised by this permission shall be constructed within the roof, other than theroof lights to the existing flat roof permitted under 21/01883/FHA.

            Reason: to safeguard the residential amenities the residential amenities of the locality, having regard to Policy CS12 of the Dacorum Borough Core Strategy (2013) and Paragraph 130 (f) of the National Planning Policy Framework (2021).

4.         The rear and side elevations of the new dormer and the dormer extension hereby permitted shall be entirely lead clad, shall not comprise any glazing/fenestration, and shall be thereafter maintained as such.

            Reason:  For the avoidance of doubt and to protect the residential amenities of the locality, having regard to Policy CS12 of the Dacorum Borough Core Strategy (2013) and Paragraph 130 (f) of the National Planning Policy Framework (2021).

 5.        The development hereby permitted shall be constructed in accordance with the materials specified on the application form and approved plans.

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

Informatives:

 1.        Planning permission has been granted for this proposal. The Council acted pro-actively through positive engagement with the applicant before and 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.

This was Cllr Stevens own application so he was not able to take part in the discussion or vote.

The report was introduced by Robert Freeman on behalf of the case officer Heather Edey

It was proposed by Councillor Maddern and seconded by Councillor Williams 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 fully in accordance with the following approved plans/documents and shall be thereafter maintained as such:

            Drawing B

            Location Plan

            Comments for Installation Document

            Viessmann Vitocal 200-A Datasheet Document

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

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.

The report was introduced by Robert Freeman on behalf of the case officer Briony Curtain

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

Vote:

For:  11           against:  0                   Abstained: 1

Resolved:  Granted

Condition(s) and Reason(s):

 1.        No conditions.

Informatives:

 1.        The amendments shown on the submitted drawings and set out on the application form are considered to be non-material to planning permission; as the proposed changes are not significant, would not be materially different to that originally approved and would not contravene any planning policy.

            Therefore, this application has been approved for the amended drawings; PR.PL.102.B, PR.PL.110.G

            All conditions placed on the original consent remain valid. This application applies to the amendments listed below:

            Material Changes - zinc roof replaced with roof tiles to match the parent property and walls to be brick to match in place of timber cladding.

            Re-siting of the outbuilding 600mm further away from the rear boundary.

Philip Stanley was happy to take questions based on the report.

He wanted to share that there are resource issues currently due to the Assistant Team Leader Olivia Stapleford leaving.

They have struggled to fill the post despite advertising three times. They had employed a contractor however he is also leaving.

The team were meant to have an additional team member to reduce the case load down however an existing team member left so that 1 year placement backfilled that role.

This makes it difficult to process any of the cases within the report.

The DMC committee wished Julian Thomas well in his future career.

Cllr Beauchamp asked for an update on behalf of Cllr Allen regarding 55-59 St Johns road, these were DBC properties.

Phil Stanley confirmed he did have an update that he would share with the committee and wider members via email after this meeting.

A.P – Philip Stanley to share the update.

Cllr Tindall referred to the shortage of Enforcement officers, is this the same with other neighbouring authorities, he asked if there was scope to collaboration to overcome the issue of staffing shortages.

Philip Stanley confirmed that not just in enforcement but planning in general there is a shortage of experienced officers. He said that they were fortunate that they have excellent investigative officers, the issue they are finding is that when an issue required formal action they need to serve the enforcement notice, this is where they require the experience to make sure that the notices are drafted correctly and served correctly so it can be defended properly. Neighbouring authorities would not have the capacity to support them with those types of things.

What they were doing is sharing the formal work across the team on an interim basis, some cases are time critical, and if they did not serve the notice it could become lawful through the passage of time. They will serve notices where appropriate however they do not have the capacity to follow up on all cases as they would like.

Cllr Hollinghurst referred to item 10 Lila’s Wood on the report, he asked what the relationship between all the back applications, appeals and enforcement notices with the current appeal. He said that this was possibly in its 7^th year and wondered if they could say to the inspector that the applicant is deliberately abusing the appeal process.

Philip Stanley said that he wasn’t up to speed with all the latest information however not just in this case but with several other enforcement cases that the applicant will submit amendments to schemes rather than comply with a Notice. He said he would need to come back to Cllr Hollinghurst with a full response to the exact nature of this application and how it differs from previous applications. They do as a department have the right to refuse to validate such applications, this one was validated, and it was considered and was now going through the appeal route, this means they  ...  view the full minutes text for item 6.