Agenda and minutes

Development Management - Thursday, 13th July, 2023 7.00 pm

Venue: Conference Room 1 - 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 22 June 2023. 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 received from the Councillor Maddern.

Cllr Hobson was substituted by Cllr Weston. Cllr Mottishead was substituted by Cllr Stewart.

 

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 Stevens 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 Stevens 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.

 

5a

22/02354/FUL - Construction of a Single Dwelling - 31 Hempstead Lane, Potten End pdf icon PDF 464 KB

Minutes:

22/02354/FUL Construction of a Single Dwelling

31 Hempstead Lane, Potten End

 

The Case Officer, Robert Freeman introduced the report to Members and said that the application had been referred to the Committee due to contrary recommendation of the Parish Council.

Parish Councillor Simon Nelson spoke in objection to the application.

Adam Kennedy spoke in support of the application.

It was proposed by Councillor Riddick and seconded by Councillor Weston to DELEGATED with a view to APPROVAL.

Vote:

 

For:        12      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 completion of a planning obligation under Section 106 of the Town and Country Planning Act 1990 (As Amended) and the conditions below:

 

10.2       That the following Heads of Terms are included within the legal agreement

 

-           A contribution of £913.88 is secured towards Strategic Access Management and Monitoring of the Chilterns Beechwoods SAC

-           A contribution of £4,251.71 is secured towards Suitable Alternative Natural Greenspace as an alternative to use of the Chilterns Beechwoods SAC

 

Conditions:

 

 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:

 

            SU.000 Revision PL3 (Site Location Plan)

            01.000 Revision PL4 (Proposed Site Plan)

            01.001 Revision PL3 (Proposed Floor Plans)

01.002 Revision PL3 (Proposed Elevations)

01.003 Revision PL3 (Proposed Street Scene)

01.01 Revision TPP1 (Tree Protection Plan)

01.10 Revision PL3 (Tree Location and Protection Plan)

 

Planning Design and Access Statement by denhofdesign

 

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

 

3.         No development shall commence until details of the finished slab level, eaves and ridge heights to the proposed building have been provided in relation to existing site levels and those of neighbouring development.

 

            Reason: To ensure that the dwelling has an appropriate relationship with neighbouring properties in accordance with Policies CS11 and CS12 of the Core Strategy.

 

4.         No development above slab level shall commence until samples of the materials to be used on the external surfaces of the development 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).

 

5.         No development above slab level shall commence until full details of hard and soft landscaping shall have been submitted to and approved in writing by the local planning authority. These details shall include:

 

- all external  ...  view the full minutes text for item 5a

5b

23/00413/FUL - Construction of dwelling - Land East Of Cyrita, Hogpits Bottom, Flaunden, Hertfordshire pdf icon PDF 450 KB

Minutes:

5b.

23/00413/FUL Construction of dwelling

Land East Of Cyrita, Hogpits Bottom, Flaunden, Hertfordshire

 

The Case Officer, Patrick Doyle, introduced the report to Members and said that the application had been referred to the Committee due to contrary views of Parish Council and it was call in by Councillor Riddick

 

Councillor Riddick declared an interest in item 5b as he had called the item in as it is in his Ward. He confirmed that he would take no part in the discussion or voting for this reason.

 

Rob Nugent and Councillor David Imroth spoke in objection to the application.

 

It was proposed by Councillor Bristow to DELEGATED with a view to APPROVAL, in line with Officers recommendations. As there was, no seconder the motion fell.

Having there been no majority to grant the application it was proposed by Councillor Weston and seconded by Councillor Guest to overturn the officer’s recommendation and REFUSE the application for the following reasons:

 

 

1.         The proposed development, in view of its design, site coverage, and scale would appear cramped and incongruous to the pattern of development locally and the wider character and appearance of the area in which it is located. The proposed development would cause substantial harm to the rural character and appearance of the area and harm to the appearance of the Green Belt contrary to the NPPF and Policies CS5, CS6, CS10, CS11 and CS12 of the Core Strategy.

 2.        The application does not provide sufficient information to satisfy the council, as competent authority, that the proposed development will not adversely affect the integrity of the Chilterns Beechwoods Special Area for Conservation and there are no alternative solutions/mitigation or credible imperative reasons of overriding public interest why the proposed development should be permitted. In the absence of such information, and in the absence of an appropriate legal agreement to mitigate such adverse impact, the proposed development is contrary to the requirements of the Habitats Regulations 2017 and 2019, the NPPF and Policies CS25 and CS26 of the Core Strategy.

Vote:

 

For:      9          Against:           1          Abstained: 2

 

Resolved: That planning permission be REFUSED.

 

6.

Appeals Update pdf icon PDF 474 KB

Minutes:

 

Philip Stanley presented the report explaining that we had a lot of minor appeals.

 

In this period there were 8 dismissed and 4 allowed appeals.

 

He emphasised that the appeals are taking a longer time to go through the process.

 

Cllr Riddick asked about the appeals at The Old Oak, Hogpits Bottom and Gable

End, Threefields.

 

The report was noted.

 

7.

Planning Enforcement Quarterly Report pdf icon PDF 217 KB

Minutes:

21:03 Cllr Weston left the meeting

 

Kyle Dalton presented the report informing Members of the planning enforcement formal action status for April 2023. Nine Notices had been served in the quarter, and progress against the 2023 Local Enforcement Plan priorities was highlighted.

The report was noted.

Questions related to future planning enforcement action were moved to Part 2 of the meeting, upon the completion of Part 1.

 

8.

Amendments to the Planning Code of Practise pdf icon PDF 470 KB

Minutes:

The following changes and additions are proposed:

 

(1)  Reference to the Assistant Director (Planning, Development and Regeneration) be replaced by Assistant Director – Planning.

 

(2)  Reference to the Group Manager (Development Management and Planning) be replaced by Head of Development Management.

 

(3)  A new Section 3.4 be added, which states:

“If Members are approached by developers asking to meet regarding pre-application or application proposals, such meetings must always take place with Officer support. Members must not meet with developers on their own.”

(4)  A new Section 8.4.1 be added (with subsequent sections re-numbered accordingly) which states:

Fully read the agenda and any addendum prior to attending the Committee meeting

The report was noted and agreed.

 

9.

Addendum pdf icon PDF 172 KB