Agenda and draft minutes
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Contact: Corporate and Democratic Support 01442 228209
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Minutes To confirm the minutes of the previous meeting (these are circulated separately) Minutes: The minutes of the meeting held on 1 September 2022 were confirmed by the Members present.
Hard-copy minutes were signed by the Chair
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Apologies for absence To receive any apologies for absence Minutes: None. |
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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 (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 Guest asked Members to remember to declare any Disclosable Pecuniary or other Interests at the beginning of the relevant planning application.
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Public Participation 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.
Minutes: 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.
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Minutes: 5a. 22/01806/LBCStructural works to support existing structures, refurbishment of the main building and outbuilding, removal of glazed link, external repairs, insertion of new window to rear elevation. The Valiant Trooper, Trooper Road, Aldbury, Tring, Hertfordshire, HP23 5RW Andrew Parrish introduced the report to Members and said that the Ward Councillor had referred the application to the Committee due to the contrary views of the Aldbury Parish Council and due to a call-in request. An amended Floor Plan was presented, correcting the position of the new door and window on the northern elevation to match that shown on the Elevation.
Cllr McDowell declared that he had previously expressed an opinion on this application however came to the meeting with an open mind as was able to participate in the discussion and vote. It was proposed by Councillor Beauchamp and seconded by Councillor Wyatt-Lowe to move officer’s recommendation to GRANT the application. The chair agreed delegated authority in respect of the plans numbers pertaining to the amended floor plans presented to Members. This was to resolve discrepancies between the elevations and the floorplans.
Vote:
For: 8 Against: 1 Abstained: 3
Resolved: That listed building consent be GRANTED. Planning Conditions and Informatives
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. 2. The works hereby permitted shall be carried out in accordance with the following approved plans/documents:
Location Plan 3797-02 3797-03 3797-04 7270-25B 7270-26A 7270-13 7270-14 7270-15 Schedule of Works – Final 2022 (Battram Associates) Appendix A – Valiant Trooper Sections Appendix B – External Work Items Paint Cleaning Method Statement (VT/BMP/001)
Supported by the following documents:
· Design & Access Statement · Historic Fabric Record (Battram Associates) · Structural Report for Outbuilding (RJT/3797 30 Sept 2021) · Geocell Installation Guidelines · Applicant Statement
Reason: For the avoidance of doubt and in the interests of proper planning.
Reason: For the avoidance of doubt and in the interests of proper planning.
3. All new internal and external materials and finishes shall be in accordance with the approved plans.
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).
4. Following opening up works in any area, works should stop and the Conservation Officer contacted to agree any repairs necessary prior to continuing the works. All works should be photographically recorded as a record in accordance with Condition 5.
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 ... view the full minutes text for item 5a |
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Minutes: Councillor Douris declared he was the ward councillor for this area and confirmed that he was coming to the meeting with an open mind and was able to take part in the discussion and vote. Robert Freeman presented the report and said that the application had been referred to the committee due to contrary view of Great Gaddesden Parish Council. It was proposed by Councillor Stevens and seconded by Councillor Hobson to move officer’s recommendation to GRANT the application.
Vote:
For: 8 Against: 0 Abstained: 4
Resolved: That planning permission be GRANTED. RECOMMENDATION That planning permission be GRANTED subject to conditions. Condition(s) and Reason(s): 1. Within 3 months of the date of this permission, the building hereby approved shall be painted or stained black in accordance with the submitted plans. Reason: To ensure a satisfactory appearance to the development in accordance with Policy CS12 of the Core Strategy.
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Minutes:
Philip Stanley introduced the report on behalf of the case officer Martin Stickley and said that the application had been referred to the committee as it was a Council Scheme.
It was proposed by Councillor Beauchamp and seconded by Councillor Douris that the application is DELEGATED with a view to APPROVAL subject to the conditions below and completion of a S.106 agreement or Unilateral Undertaking to secure a financial contribution in respect of ecological mitigation for the Chiltern Beechwood Special Area of Conservation (SAC), secure 100% affordable housing and off-site Bio-diversity Net Gain.
Vote:
For: 11 Against: 0 Abstained: 1
Resolved: That planning permission be DELEGATED with a view to APPROVAL RECOMMENDATION - That planning permission be DELEGATED with a view to APPROVAL subject to the following conditions: Condition(s) and Reason(s): 1. The development hereby permitted shall begin before the expiration of three years from the date of this permission.
Reason: To comply with the requirements of Section 91 (1) of the Town and Country Planning Act 1990, as amended by Section 51 (1) of the Planning and Compulsory Purchase Act 2004.
2. Prior to the first use of the air source heat pumps provided to residential units hereby permitted, an Air Source Heat Pump Noise Impact Assessment, compiled by appropriately experienced and competent persons, shall be submitted to the Local Planning Authority (LPA). The Air Source Heat Pump Noise Impact Assessment shall detail the noise levels associated with the use of the air source heat pumps, and include an analysis of whether any noise mitigation measures are required to control the noise (and if so full details of these mitigation measures), and a timescale for the implementation of these noise mitigation measures. Upon the LPA's approval of the Air Source Heat Pump Noise Impact Assessment, any required mitigation measures shall be implemented in accordance with the approved Air Source Heat Pump Noise Impact Assessment and retained thereafter.
Reason: To protect the residential amenities of the locality, having regard to Policies CS12 and CS32 of the Dacorum Borough Core Strategy (2013) and Paragraph 130 (f) of the National Planning Policy Framework (2021).
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:
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Minutes: Councillor Beauchamp declared an interest in item 5d, as he called the item in. Councillor Beauchamp confirmed that he would not take any part in the discussion or voting.
The Case Officer, Elspeth Palmer, introduced the report to Members and said that the application had been referred to the committee as it was called in by Councillor Beauchamp
Philip Stanley referred to a recent High Court judgement that concluded that a deferred item and its re-hearing should be considered as a single decision-making process, and that therefore the Members who were not present at the previous DMC, Cllrs McDowell, Tindall and Hollinghurst, were unable to vote.
It was proposed by Councillor Hobson and seconded by Councillor Wyatt-Lowe that planning permission be granted, subject to the conditions outlined in the original report (DMC 26th May, 2022) with amendments as outlined in paragraph 2.5. Vote:
For: 3 Against: 3 Abstained: 4
The chair Councillor Guest used her casting vote and voted in for the officer’s recommendation to GRANT the application.
Resolved: That planning permission be 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 duct "extractor flue" shown on the approved plans will be finished with a matt black appearance.
Reason: To make sure that the appearance of the development is suitable and that it does not detract from the character of the area in accordance with Policies CS11 and CS12 of the Dacorum Borough Core Strategy (2013).
3. The premises shall not be open for customers outside the following hours:
8 am to 11.30 pm on Mondays to Saturdays; and 11 am to 11 pm on Sundays, Bank Holidays and Public Holidays.
Reason: To protect the residential amenities of the locality in accordance with to Policy CS12 of the Dacorum Borough Core Strategy (2013) and Paragraph 130 (f) of the National Planning Policy Framework (2021).
4. Prior to the commencement of the use hereby approved a scheme for the storage and collection of waste (including a suitable location for the wheelie bin located to the rear of the approved use) shall be submitted to and approved in writing by the Local Planning Authority and shall be implemented in accordance with the approved details and retained at all times thereafter.
Reason: In the interests of safeguarding residential amenity in accordance with Appendix 3 of the Dacorum Borough Local Plan (2004), Policy CS12 of the Dacorum Borough Core Strategy (2013) and the relevant sections of the NPPF (2021).
5. Waste water generated by the premises shall always be disposed of into appropriate drainage and sewage systems on the premises.
Reason: In the interests of safeguarding residential amenity in accordance with Appendix 3 of the Dacorum Borough Local Plan ... view the full minutes text for item 5d |
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Minutes: Councillor Douris declared that this was within his county councillor area, he confirmed that they had not discussed the application and he was coming to it with an open mind.
Councillor Stevens declared that he had an interest in this and would not take part in the discussion and vote.
Jane Miller introduced the report and said that the application had been referred to the committee due to contrary views of Berkhamsted Town Council
It was proposed by Councillor Maddern and seconded by Councillor Williams to be GRANTED in line with officer’s recommendations.
Vote:
For: 10 Against: 0 Abstained: 1
Resolved: That planning permission beGRANTED
Condition(s) and Reason(s):
1. The development hereby permitted shall be constructed in accordance with the materials specified on the application form and plans.
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:
Site location plan 5114-P200 plans and elevations as proposed.
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.
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Minutes: Cllr Tindall declared that this was within his county councillor and confirmed he would not take part in the discussion or vote.
Councillor Tindall left the meeting
Imogen Botterill-Downs introduced the report and said that the application had been referred to the committee due to being called in by the Ward Councillor
It was proposed by Councillor Williams and seconded by Councillor Douris to GRANT the application with an added condition. The garage extension hereby permitted shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling known as 22 Apollo Way and shall not be independently occupied.
Vote:
For: 10 Against: 0 Abstained: 1
Resolved: That planning permission be 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:
AW-201 SK14 AW-200 SK14 TQRQM21123205543383 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).
4. This permission does not relate to any air conditioning units.
Reason: for the avoidance of doubt and to safeguard the residential amenities of adjacent properties in accordance with Policy CS12 of the Core Strategy 2013.
5. Use of the garage: “The garage extension hereby permitted shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling known as 22 Apollo Way and shall not be independently occupied. Reason: For the avoidance of doubt and to ensure that the use of the development remains ancillary to the use of the main dwellinghouse without allowing the intensification of residential accommodation within the site.”
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