Agenda and minutes

Development Management - Thursday, 11th January, 2024 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 14 December 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 Durrant, Mitchell, and Councillor Silwal. Councillor A Williams substituted for Councillor Silwal

 

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:

Apologies received from the Councillor Durrant, Mitchell, and Councillor Silwal. Councillor A Williams substituted for Councillor Silwal

 

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

23/02646/FUL Residential Development including formation of 9 new houses, access, landscaping and all ancillary features. Diversion of public footpath Land To West of Orchard House, Astrope Lane, Astrope, HP23 4PN pdf icon PDF 836 KB

Minutes:

5a.

23/02646/FUL

Residential Development including formation of 9 new houses, access, landscaping and all ancillary features. Diversion of public footpath.

Land To West of Orchard House, Astrope Lane, Astrope, HP23 4PN

 

Councillor Patterson declared an interest in the item as a member of his ward had approached him regarding the item; he declared that he had come to the meeting with an open mind and that he had not given his opinion on the item and only stuck to facts when talking to the resident.

 

The Case Officer, Andrew Parish introduced the report to Members and said that the application had been referred to the Committee due to the Head of Development Management considered that the proposals are of significant public interest.

 

Ed Whetham spoke in objection to the application.

 

Parish Councillor Caroline Smith Wright, Residents Robert Elliott, Hayley, Melanie Prestwich and Lynn Bruges spoke in support of the application.

 

It was proposed by Councillor Guest and seconded by Councillor Maddern to REFUSE the application.

 

Vote:

 

 

For:  9             Against:           0          Abstained: 2

 

Resolved: That planning permission be REFUSED.

RECOMMENDATION

That planning permission be REFUSED

Reasons for Refusal: 

1.                The site lies within the Rural Area wherein, under Policy CS7 of the Dacorum Core Strategy September 2013, only small-scale development for the uses listed in the policy will be acceptable. The list of uses does not include use for residential purposes. Whilst the site is close to the village of Long Marston where small-scale development for housing may be permitted as an exception, it does not fall within or even adjacent to the village. Furthermore, at 9 dwellings, the scheme is not small-scale in the context of Astrope. The site is in an isolated location, with poor and unattractive access by foot and bicycle which would not encourage residents to use alternative more sustainable means of travel to the car.  The site is inherently an unsustainable location and would not maintain or enhance the vitality of Long Marston. The proposal is therefore contrary to Policies CS1, CS7 and CS8 of the Dacorum Core Strategy September 2013, and Paragraphs 82, 83, 114 and 116 of the National Planning Policy Framework Dec 2023. No exceptional circumstances are considered to exist under other policies or guidance and there is not considered to be a case for an exception under Paragraph 11 the NPPF.

 

2.                The proposed development site, by reason of its remote location from local shops, services and employment, would not be sustainable in transport terms, with all residents heavily reliant on the use of private vehicles contrary to Paragraphs 114 and 116 of the National Planning Policy Framework Dec 2023 and contrary to Policies 1 and 5 of the Hertfordshire County Council Local Transport Plan (2018).

 

 

3.                The proposal, by reason of the amount, scale and layout of development, and the cumulative impact with adjoining development, would create a ribbon of development that would be significantly harmful to the established character of Astrope as a rural hamlet.  In addition,  ...  view the full minutes text for item 5a

5b

23/01599/FUL Demolition of existing bungalow and construction of replacement dwelling. Construction of garden annexe and workshop renovation works. Woodside, Icknield Way, Tring, Hertfordshire, HP23 5HJ pdf icon PDF 228 KB

Minutes:

 

5b.

23/01599/FUL

Demolition of existing bungalow and construction of replacement dwelling. Construction of garden annexe and workshop renovation works.

Woodside, Icknield Way, Tring, Hertfordshire, HP23 5HJ

 

Councillor Patterson declared an interest and confirmed that he will not be taking part in the discussion or voting.

 

The Case Officer, Heather Edey introduced the report to Members and said that the application had been referred to the Committee due to contrary views of the Parish Council.

 

Parish Councillor Robert Farrow spoke in objection to the application.

Russell Bates and Michelle Gregory spoke in support of the application.

 

It was proposed by Councillor Maddern and seconded by Councillor Guest to GRANT the application.

 

Vote:

 

For:  8            Against: 0                    Abstained: 2

 

Resolved: That planning permission be GRANTED.

It is recommended that 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.        No development (excluding demolition/ground investigations) shall take place 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. 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.        Prior to first occupation of the replacement dwelling and granny annexe hereby approved, full details of both hard and soft landscape works has been submitted to and approved in writing by the Local Planning Authority. These details shall include:

            - all external hard surfaces within the site;

            - other surfacing materials;

            - means of enclosure;

            - soft landscape works including a planting scheme with the number, size, species and position of trees, plants and shrubs;

            - minor artefacts and structures (e.g. refuse or other storage units, etc.); and

            The planting 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 2 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 similar 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).

 

 4.        The windows  ...  view the full minutes text for item 5b

5c

23/02183/ROC Variation of Condition 2 (Approved plans) and 4 (Tree Protection Measures) and Condition 5 (Landscaping) attached to planning application 21/02925/FUL - Change of use from Sui Generis to C3 residential. Construction of two pairs of semi-detached dwellings comprising two four-bedroom properties and two-three bedroom properties. Wigginton Garage, Chesham Road, Wigginton, Tring, Hertfordshire, HP23 6EJ pdf icon PDF 299 KB

Minutes:

23/02183/ROC

Variation of Condition 2 (Approved plans) and 4 (Tree Protection Measures) and Condition 5 (Landscaping) attached to planning application 21/02925/FUL - Change of use from Sui Generis to C3 residential. Construction of two pairs of semi-detached dwellings comprising two four-bedroom properties and two-three bedroom properties.

Wigginton Garage, Chesham Road, Wigginton, Tring, Hertfordshire, HP23 6EJ

 

The Case Officer Heather Edey introduced the report to Members and said that the application had been referred to the Committee due to contrary views of the Parish Council.

 

It was proposed by Councillor A Williams and seconded by Councillor Maddern to DELEGATED with a view to APPROVAL.

The committee agreed to add a recommendation on bin storage.

Vote:

 

For:     9          Against:           0          Abstained: 2

 

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 an appropriate assessment in accordance with article 6(3) of the Habitats Directive and securing a mitigation package to mitigate any adverse effects on the integrity of 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 development hereby permitted shall be carried out in accordance with the following approved plans/documents:

           

            WIG-XX-ZZ-DR-A-91-001

            WIG-1/2-ZZ-DR-A-05-001 Rev B

            WIG-1/2-ZZ-DR-A-04-001 Rev B

            WIG-3/4-ZZ-DR-A-04-001 Rev A

            WIG-3/4-ZZ-DR-A-05-001 Rev A

            WIG-1/2-ZZ-DR-A-04-002

            WIG-3/4-ZZ-DR-A-04-002

TGCR/21/PL05

            LP/WGTBWH/020 D

            TPP/WGTBWH/010 B

            Landscaping Statement by David Clarke Chartered Landscape Architect and Consultant Arboriculturist (received September 2023)

            Arboricultural Report by David Clarke Chartered Landscape Architect and Consultant Arboriculturist (dated August 2023)

            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/010 B and the submitted Arboricultural Report by David Clarke Chartered Landscape Architect and Consultant Arboriculturist (dated August 2023)

            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 (2023).

 

 5.        The landscaping works shown on drawing LP/WGTBWH/020 D and detailed within the submitted Landscaping Statement by David Clarke Chartered Landscape Architect and Consultant Arboriculturist  ...  view the full minutes text for item 5c

6.

Appeals Update pdf icon PDF 619 KB

Report to follow

Minutes:

 

P Stanley gave an update to the committee

            The committee agreed that the report was noted.

 

7.

Quarterly Planning Enforcement Report pdf icon PDF 220 KB

Minutes:

K Dalton gave an update to the committee.

      The committee agreed that the report was noted.