Agenda and draft minutes

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

The minutes of the meeting held on 6^th October have not yet been finalised.

Philip Stanley wanted to make the following amendments to the minutes from 29^th September. Two amendments on Officers job titles and the voting record information needs to be mentioned in 5d.The committee have agreed to the amendments and are happy for them to be signed by the Chair. 

To receive any apologies for absence

Apologies received from Councillor Tindall, Councillor Foster will be substituting for Councillor Tindall. Apologies received from Councillor Stevens and Councillor McDowell.

Councillor Guest gave apologies on behalf of Councillor Maddern, as she will be attending

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.

There were no public participation.

Cllr Wyatt-Lowe declared an interest, as she is a County Councillor and was invited to a meeting where the proposal was describe in great detail. She confirmed that she did not take any part in the discussion and is coming to this meeting with an open mind.

Cllr Williams declared an interest as his daughter lives opposite this application so will not take part in the discussion or voting.

The Case Officer, Nigel Gibbs introduced the report to Members and said that the application had been referred to the Committee as this is a council planning application.

Nigel Gibbs informed the committee to the amended conditions set out in the addendum, as well as an additional condition relating to the management and maintenance of the drainage system.

Philip Stanley asked Councillors, that when voting to consider the added condition, drainage system.

It was proposed by Councillor Beauchamp and seconded by Councillor Hobson to Delegate with a view to approval.

Vote:

For:     9          Against:             0        Abstained: 0

Resolved: That planning permission be Delegate with a view to approval.

RECOMMENDATION

That planning permission be DELEGATED with a view to APPROVAL subject to the  advertisement of the application affecting Right of Way 31, the conditions as recommended below and completion of a S.106 agreement /Unilateral Undertaking to secure: Affordable Housing (all the units rented social housing); Biodiversity Net Gain/ Offsetting, off site provision and maintenance of public open space; open Space Provision; and financial contribution in respect of ecological mitigation for the Chiltern Beechwood Special Area of Conservation (SAC).

Conditions and Reasons:

 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 ground investigations) shall take place until additional details of the materials to be used in the construction of the dwellings hereby permitted 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 area in accordance with Policies CS11 and CS12 of the Dacorum Borough Core Strategy (2013).

 3.        Notwithstanding Condition 2, other materials to be used for the development hereby permitted shall be carried out fully in accordance with the hard landscape details specified by the Landscape Plans 517.02 Rev C and 517.03A.  All the approved hard landscaping shall be provided before the occupation of any of the dwellings hereby permitted.  Thereafter all of the approved hard landscaping shall be retained at all times.

            Reason: To ensure satisfactory appearance to the development and to safeguard the visual  ...  view the full minutes text for item 5.

The Case Officer, Heather Edey introduced the report to Members and said that the application had been referred to the Committee as the applicant is a DBC Member.

It was proposed by Councillor Wyatt-Lowe and seconded by Councillor Douris to GRANT the application.

Vote:

For:       10      Against:            0         Abstained: 1

Resolved: That planning permission be GRANTED.

The application is recommended for approval.

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:

            73028-3100 A

            73028-3101 A

            73028-3102 A

            73028-3200 A

            73028-3201 A

            73028-3300 A

            73028-3500 A

            TQRQM20359124130026

            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 Chair had been advised that the application was invalid so therefore it was withdrawn from the agenda.

The Case Officer, Sally Robbins introduced the report to Members and said that the application had been referred to the Committee as the applicant is a Member of staff at DBC.

It was proposed by Councillor Maddern and seconded by Councillor Beauchamp to Delegate with a view to approval.

Vote:

For:     10        Against: 0                    Abstained: 1

Resolved: That planning permission be Delegate with a view to approval.

RECOMMENDATION

That planning permission be DELEGATED with a view to APPROVAL subject to appropriate assessment in accordance with article 6(3) of the Habitats Directive and securing a mitigation package to avoid any further significant effects on the Chilterns Beechwood Special Area of Conservation (SAC) through financial contributions secured by legal agreement.

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 annexe hereby permitted shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling known as Russett View 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, in accordance with Policies CS5 and CS12 of the Core Strategy (2013).

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

            01 Rev D - Location and Block Plan

            12 Rev E - NE and SE Elevations

            13 Rev E - SW and NW Elevations

            14 Rev E - Swimming Pool Building Floor Plan

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

 Informatives:

 1.        Working Hours: Contractors and sub-contractors must have regard to BS 5228-2:2009 "Code of Practice for Noise Control on Construction and Open Sites" and the Control of Pollution Act 1974.

            As a guideline, the following hours for noisy works and/or deliveries should be observed: Monday to Friday, 7.30am to 5:30pm, Saturday, 8am to 1pm, Sunday and bank holidays - no noisy work allowed.

            Where permission is sought for works to be carried out outside the hours stated, applications in writing must be made with at least seven days' notice to Environmental and Community Protection Team ecp@dacorum.gov.uk or The Forum, Marlowes, Hemel Hempstead, HP1 1DN. Local residents that may be affected by the work shall also be notified in writing, after approval is received from the LPA or Environmental Health.

            Works audible at the site boundary outside these hours may result in the service of a Notice restricting the hours as above. Breach of the notice may result in prosecution and an unlimited fine and/or six months imprisonment.

 2.        Construction Dust: Dust from operations on the site should be minimised  ...  view the full minutes text for item 8.

Cllr Hobson declared an interest as she is the applicant, so will not take part in the discussion or voting.

The Case Officer, Sally Robbins, introduced the report to Members and said that the application had been referred to the committee as they are a DMC Councillor.

It was proposed by Councillor Williams and seconded by Councillor Beauchamp to GRANT the application.

Vote:

For:       9        Against: 0                    Abstained: 1

Resolved: That planning permission be GRANTED.

RECOMMENDATION

That listed building consent be GRANTED.

Condition(s) and Reason(s):

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

            Reason: To comply with Section 18 of the Planning (Listed Building and Conservation Areas) Act 1990, as amended by Section 51 (4) of the Planning and Compulsory Purchase Act 2004.

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

            LOCATION PLAN

            2022 REV A - PLANS AND ELEVATIONS

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

Informatives:

 1.        Listed building consent has been granted for this proposal. The Council acted pro-actively through positive engagement with the applicant during the determination process which led to improvements to the scheme. The Council has therefore acted pro-actively in line with the requirements of the Framework (paragraph 38) and in accordance with the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2015.

Philip Stanley presented two cases with progress and two cases where an Enforcement Notice had recently been served. He also presented the latest live enforcement case number figures, and a call for hot topics for the Local Enforcement Plan priorities and projects section for 2023.

There were questions on Hamberlins/Piggery Farm, the 400 Project, and Morefields.

Cllr Maddern thanked the Enforcement team for their work in removing the MOT signage in Nash Mils.

The Report was noted.