Agenda and draft minutes

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

The minutes of the meeting held on 1 Feb 2024. Were confirmed by the Members present.

Hard-copy minutes were signed by the Chair

To receive any apologies for absence

Apologies received from Councillor Bristow and Councillor Hobson. Councillor Stewart substituted for Bristow and Councillor Weston Substituted for Councillor Hobson.

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 Stevens 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 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.

The order of applications were changed to allow for anyone wanting to speak on an application to be heard. The items were heard in the following order.

5a.

5e,

5c

5d

5f

5a.

23/02876/MPI

Demolition of the existing school building and construction of new replacement school building with MUGA, all weather pitch, landscaping and parking

Blessed Cuthbert Mayne Roman Catholic School Clover Way Hemel Hempstead Hertfordshire HP1 3EA

Cllr Guest mentioned that this is within in her area; she said that she had been approached along with Cllr Pound and they had met in December about this, but confirmed that she hasn’t spoken to anyone or given her opinion on this. She is coming to the meeting with an open mind.

The Case Officer, James Gardner introduced the report to Members and said that the application had been called-in by Councillor Mitchell over concerns in relation to noise from the proposed community facilities, safety of children passing the site on foot during the construction phase, and the potential for asbestos dust to travel through the air during demolition.

J Gardner informed the committee of the changes which were set out in the addendum.

Councillor Heather Pound, John Cowper and David Slater spoke in objection to the application.

Matthew Blythin spoke in support of the application.

It was proposed by Councillor Weston and seconded by Councillor Stewart to GRANT the application.

Vote:

For:                  Against:                       Abstained:

3                      6                                  3

Having there been no majority to GRANT the application It was proposed by Councillor Wyatt-Lowe and seconded by Councillor Guest to overturn the officer’s recommendation and REFUSE the application.

Vote:

For:                  Against:                       Abstained:

6                      4                                  2

Resolved: That planning permission be REFUSED.

1.    virtue of its siting, height and proximity to the dwellings in Betjeman Way, the proposed development would result in unacceptable levels of visual intrusion, contrary to Policy CS12 of the Dacorum Core Strategy (2013) and paragraph 135 (f) of the NPPF (2023). 

2.    The use of the Artificial Grass Pitch outside of school hours by members of the public would result in unacceptable noise and disturbance to the flatted development (10-15) on Clover Way. Noise and disturbance would arise from, inter alia, the opening and closing of car doors, raised voices and ball strikes, all of which would alter the acoustic character of the area to the extent that there would be a detrimental reduction in the quality of life for these residents, contrary to Policy CS12 of the Dacorum Core Strategy (2013) and paragraph 135 (f) of the NPPF (2023). 

23/01583/FUL Demolition of existing single storey garage building. Construction of 1no. detached four-bedroom family dwelling with associated car parking / landscaping.

Land Rear Of 38-40 Windmill Way, Tring, Hertfordshire, HP23 4EH

Item 5b was removed off the agenda prior to the meeting due to needing further drawings from the agent, the item will return to committee once received.

23/02283/FUL Construction of new vehicular access

Access To Beeches Farm Icknield Way Tring Hertfordshire 

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

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

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

Vote:

For:                  Against:                       Abstained:

9                      0                                  1

Resolved: That planning permission be GRANTED.

That planning permission be GRANTED

Condition(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:

Road Safety Audit Stage 1 ref: 18171

Highways Statement Rev A

23031/101

295-001 Rev D

295-015 Rev A

Arbicultural Report ref: APPA150622/1

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 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 in accordance with Policies CS11 and CS12 of the Dacorum Borough Core Strategy (2013).

Informative (s):

1. Works within the highway (section 278)

The applicant is advised that in order to comply with this permission it will be necessary for the developer of the site to enter into an agreement with Hertfordshire County Council as Highway Authority under Section 278 of the Highways Act 1980 to ensure the satisfactory completion of the access and associated road improvements. The construction of such works must be undertaken to the satisfaction and specification of the Highway Authority, and by a contractor who is authorised to work in the public highway. Before works commence the applicant will need to apply to the Highway Authority to obtain their permission and requirements. Further information is available via the County Council website at: https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/business-and-developer-information/development-management/highways-development-management.aspx or by telephoning 0300 1234047.        

2. Storage of materials

The applicant is advised that the storage of materials associated with the  construction of this development should be provided within the site on land which is not public highway, and the use of such areas must not interfere with the public highway. If this is not possible, authorisation should be sought from the Highway Authority before construction works commence.        

3. Obstruction of highway

It is an offence under section 137 of the Highways Act 1980 for any person, without lawful authority or excuse, in any way to wilfully obstruct the free passage along a highway or public right of way. If this development is likely  ...  view the full minutes text for item 4c

23/02655/FUL Construction of 9 Dwellings

Land off Tring Road, Wilstone

Cllr Smith-Wright declared an interest in 5d, as she voted against this at the Parish Council. She confirmed that she will take no part in the discussion or voting.

Cllr Patterson is coming with an open mind to the meeting having declared that he is the Ward Councillor.

The Case Officer, Robert Freeman introduced the report to Members and said that the application had been referred to the Committee given their previous refusal of planning applications for development on this site.

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

Vote:

For:                  Against:                       Abstained:

10                    0                                  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 and the following condtions.

10.2     That the following Heads of Terms are secured:

-       The provision of 4 units (44%) for affordable housing incorporating a single unit as a First Home, an affordable rental unit and two shared ownership properties.

-       The provision of off-site and on site highway works including the provision of a pedestrian crossing and footpath connections between the village and the Grand Union Canal

-       Details of the long term management and maintenance of public open space

-       The provision of a SAMM contribution of some £8,224.92

-       The provision of a SANG contribution of some £38,265.39

Condition(s) and Reason(s):

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

            Plans

            P220_9-100 (Site Location Plan)

P220_9-101 (Proposed Site Plan)

P220_9-102 (Plot 1 Plans and Elevations)

P220_9-103 (Plots 2 and 8 Plans and Elevations)

P220_9-104 (Plot 3 Plans and Elevations)

P220_9-105 (Plots 4 and 5 Plans and Elevations)

P220_9-106 (Plot 6 and 7 Plans and Elevations)

P220_9-107 (Plot 9 Plans and Elevations)

P220_9-108 (Materials Plan)

P220_9-109 (Parking Plan)

8180891/6101 B – Visibility Splays.

Documents

            Arboricultural Report (October 2023) by Sylva Consultancy

Flood Risk and Drainage Statement (October 2023) by Glanville

Landscape Management and Maintenance Plan (October 2023) by ACD Environmental

Preliminary Ecological Appraisal (October 2023) by Windrush Ecology Limited

Transport Technical Note (October 2023) by Glanville

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

2.         The development hereby approved, shall be constructed in accordance with the materials specified on drawing P220_9-108

            Reason: To ensure a satisfactory appearance to the development in accordance with Policies CS11 and CS12 of the Core Strategy.

­

3.         The development hereby approved, shall not be occupied, until the means of access, parking and circulation areas have been provided fully in accordance with drawings P220_9-101 and P220_9-109.

Reason: To ensure the provision and retention of adequate access and parking facilities for the site in accordance with Policies CS8 and CS12 of the Core Strategy.

4.         The development hereby permitted shall  ...  view the full minutes text for item 4d

23/02339/FUL Construction of a Double Garage 

Land to the rear of Osteria, 1 The Street, Chipperfield

The Case Officer, Robert Freeman introduced the report to Members and said that the application had been referred to the Committee due to an objection from the Parish Council. The Case Officer confirmed that further comments had been received from Hertfordshire Highways, raising no objection to the development.

Councillor Bryant spoke in objection to the application.

It was proposed by Councillor Weston to GRANT the application. As there was no seconder, the recommendation FALLS.

It was then proposed by Councillor Riddick and seconded by Councillor Guest to overturn the officer’s recommendation and REFUSE the application.

Vote:

For:                  Against:                       Abstained:

9                           1                                         2

Resolved: That planning permission be REFUSED.

The proposed development, in view of its layout, site coverage and lack of landscaping, would result in a cramped and poor quality development that would be incongruous and harmful to the character and appearance of the area. This would be contrary to Policies CS11 and CS12 of the Core Strategy

23/02025/FUL Alterations including front and rear extensions to provide enhanced community facilities to the existing building

Community Centre Great Sturgess Road Hemel Hempstead Hertfordshire 

Cllr Guest and Cllr Durrant declared that they are ward Councillors for that area. Cllr Guest declared that she supports The Great Sturgess Community Group, but confirms that she has had no discussion about this application and is coming to the meeting with an open mind.

The Case Officer, Heather Edey, introduced the report to Members and said that the application had been referred to the Committee due to it being a DBC scheme with neighbour objections.

It was proposed by Councillor Maddern and seconded by Councillor Guest to

GRANT the application.

Vote:

For:                  Against:                       Abstained:

11                    0                                  1

Resolved: That planning permission be GRANTED.

RECOMMENDATION

It is recommended that the application 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 materials to be used in the construction of the external surfaces of the development hereby permitted shall match the existing building in terms of size, colour and texture.

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:

            8442/GS/CH/020 Rev A

            8442/PD/DA/005

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.