Agenda and minutes

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

1.     MINUTES

The minutes of the meeting held on 21 March 2024,were confirmed by the Members present.

Hard-copy minutes were signed by the Chair.

To receive any apologies for absence

1.     APOLOGIES FOR ABSENCE AND SUBSTITUTIONS

Apologies received from, Councillor Durrant, Walker and Smith-Wright. Councillor Anderson will be substituting for Councillor Durrant and Councillor A Williams will be substituting for Councillor Walker.

Councillor Williams left at 21:03 after item 5a and 5b.

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.

5a.

23/02508/MFA Change of use from agricultural land to a Suitable Alternative Natural Greenspace (SANG) together with provision of a new car park

Haresfoot Farm (Commercial) Chesham Road Berkhamsted Hertfordshire HP4 2SU

Cllr Stevens declared an interest in the item, as he is the Chair of Berkhamsted Town Council Planning Committee. He confirmed that he had taken no part in any discussions and left the meeting when this item was discussed. He confirmed that he was coming to the meeting with an open mind.

The Head of Development Management, Philip Stanley, introduced the report on behalf of the Case Officer, James Gardner, and said that the application had been referred to the Committee due to the contrary views of Berkhamsted Town Council.

Town Councillor Kevin Fielding and Residents Mr Bannister and Mr Davies spoke in objection to the application.

Jonathan Locke spoke in support of the application.

Cllr Anderson proposed two additional Informatives:

1. Every effort shall be made to ensure that the acoustic fencing reduces its visual impact on the users of the bridleway and does not hinder the free movement of wildlife.
2. Due attention is paid to the characteristics of White Hill and every effort shall be made to alleviate the impact of any increase in traffic flow on White Hill.

It was proposed by Councillor Riddick and seconded by Councillor Anderson toDELEGATE WITH A VIEW TO APPROVAL (with the two additional Informatives)

Vote:

For:                  Against:                       Abstained:

9                      1                                              1

Resolved: That planning permission beDELEGATED WITH A VIEW TO APPROVAL.

RECOMMENDATION

That planning permission be delegated with a view to APPROVAL subject to the completion of a section 106 agreement which secures, inter alia, the management and maintenance of the land as SANG for a minimum period of 80 years, with the Conditions and Informatives in the Officer Report, and the two additional Informatives.

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:

            8319.PP.3.0     Rev. D     Planting Plan Overview

            8319.PP.3.1     Rev. D     Planting Plan 1 of 6

            8319.PP.3.2     Rev. D     Planting Plan 2 of 6

            8319.PP.3.3     Rev. D     Planting Plan 3 of 6

            8319.PP.3.5     Rev. D     Planting Plan 4 of 6

            8319.PP.3.5     Rev. D     Planting Plan 5 of 6

            8319.PP.3.6     Rev. C     Planting Plan 6 of 6

            B25013 JNP 66 XX DR D 7009     Rev. P05     Haresfoot Farm SANG - Car Park Access Design

            B25013 JNP 66 XX DR D 7011     Rev. P04     Haresfoot Farm SANG - Car Park Design

            8319.LEMP.002     Landscape and Ecological Management Plan (received on 8th February 2024).

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

 3.        Prior to first use of the development  ...  view the full minutes text for item 5a

5b.

23/02034/MFA Hybrid planning application comprising (i) Full application for the construction of 57 dwellings (Use Class C3), (including affordable housing), 59 no. units of Extra Care accommodation (Use Class C2), means of access, landscaping, open space and all other associated works and infrastructure; and (ii) Outline planning application (all matters reserved except access) for up to 129 dwellings (Use Class C3), (including affordable housing), provision of 1.15ha community land for outdoor sport and recreation and construction of community buildings (Use Class F) including provision of scouts hut, community orchard, gardens, green space, landscaping and all other associated works and infrastructure.

Land At Grange Farm, Grange Farm, Green Lane, Bovingdon, Hertfordshire

The Case Officer, Patrick Doyle, introduced the report to Members and said that the application had been referred to the Committee as the proposals are, in the opinion of the Head of Development Management, of significant public interest. P Doyle provided a verbal update regarding late correspondence received in respect of flooding.

Cllr Anderson proposed an additional Informative:

1.         Due attention is paid to access from the site to the off-site SANG and every effort shall be made to alleviate the impact of any increase in traffic flow on White Hill.

It was proposed by Councillor Anderson and seconded by Councillor Guest to DELEGATE with a view to APPROVAL, (with the additional Informative)

Vote:

For:                  Against:                       Abstained:

9                      0                                              2

Resolved: That planning permission be DELEGATED with a view to APPROVAL.

RECOMMENDATION

23.1     That planning permission be DELEGATED with a VIEW TO APPROVAL (if the Secretary of State for Communities & Local Government (SSCLG) decides not to recover the application for their own determination) subject to conditions and the completion of a planning obligation under Section 106 of the Town and Country Planning Act 1990 (As Amended) to secure satisfactory mitigation for the Chiltern Beechwoods Special Area of Conservation, consistent with the Chilterns Beechwoods Mitigation Strategy and other appropriate contributions and provisions to make the development acceptable in accordance with the development plan, NPPF and any other material considerations.  

23.2     If the s106 Agreement is not signed within 3 (three) months of the Development Management Committee date, (or other timeframe, no longer than 6 (six) months of the Development Management Committee date, as agreed with the DMC Chair and the Head of Development Management) the application shall return to Development Management Committee for re-determination.

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.         Application(s) for approval of reserved matters for the remaining development (namely layout, appearance, scale and landscaping) shall be made no later than three years beginning with the date of this permission and the development shall be commenced not later than 2 years from the final approval of  ...  view the full minutes text for item 5b

5c

23/02874/FUL

Subdivision of dwelling to 2 self contained flats.

194 Belswains Lane, Hemel Hempstead, Hertfordshire, HP3 9XA

Councillor Maddern declared an interest in the item as she is the Ward Councillor and will be speaking against the item.

The Case Officer, Elspeth Palmer, introduced the report to Members and said that the application had been referred to the Committee at the request of Councillor Maddern.

Councillor Maddern is concerned with regards to the loss of a family sized 3-bed home and replacement with 2x 1-bed flats. There is a need for more family homes and to replace one with more flats, and the net loss of one bedroom is unacceptable.

Councillor Jan Maddern spoke in objection to the application.

Joseph O'Neil spoke in support of the application.

Two additional conditions were added:

Condition 4:

Notwithstanding the details shown on Drawing DWL 01, the layout of the first floor flat shall be reversed with the kitchen/dining area positioned to the rear and the bedroom positioned to the front, and this layout shall thereafter be retained.

Reason: In the interest of the residential amenity of the neighbouring property in accordance with Policy CS12 of the Dacorum Core Strategy (2013).

Condition 5:

The two parking spaces shown in blue on Drawing DWL 03A shall be permanently retained for the use of the development hereby permitted and shall be used for no other purpose.

Reason: To ensure a satisfactory parking provision is retained for the residential use and not used by the adjacent commercial premises in accordance with Policy CS12 of the Dacorum Core Strategy (2013) and the Parking Standards Supplementary Planning Document (2020).

It was proposed by Councillor Hobson and seconded by Councillor Patterson to DELEGATED with a view to APPROVAL (with the two additional conditions).

Vote:

For:                  Against:                       Abstained:

5                          2                                   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 securing a mitigation package to avoid any further significant effects on the Chilterns Beechwood Special Area of Conservation (SAC) and subject to the following planning 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.        The development hereby permitted shall be carried out in accordance with the following approved plans/documents:

            Site Location Plan DWL 03

            Proposed Block Plan DWL 03a

            Existing and Proposed Elevations DWL04

            Floor Plans DWL 01

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

 3.        Prior to occupation full details of both hard and soft landscape works to the front of the dwelling must be submitted to and approved in writing by the Local Planning Authority.  These details shall include:

·         all  hard surfaces to the frontage  ...  view the full minutes text for item 5c

5d

23/03021/FHA Two Storey Front & Rear Extensions, Part Single Storey Rear & Side Extensions. Existing Roof Removed & Replaced with New Roof. New Rear Garden Room

84 Gravel Lane, Hemel Hempstead, Hertfordshire, HP1 1SB 

The Case Officer, Briony Curtain, introduced the report to Members and said that the application had been referred to the Committee by a Councillor due to concerns over impact on neighbours.

Resident Mrs Winn spoke in objection to the application.

It was proposed by Councillor Anderson and seconded by Councillor Patterson to GRANT the application.

Vote:

For:                  Against:                       Abstained:

5                      1                                    4

Resolved: That planning permission be GRANTED.

RECOMMENDATION

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:

            722 / D002 Rev B

            722 / D003 Rev D

            722 / D004 Rev A

            722 / D005 Rev B

            722 / D006 Rev A

            722 / D007

            Location Plan

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

 3.        The window(s) at first floor level in the side elevations of the dwelling shall be non-opening (unless the part of the window that opens is above 1.7m from floor level) and permanently fitted with obscured glass with a minimum of privacy level three.

            Reason:  In the interests of the residential amenities of the occupants of the adjacent dwellings in accordance with Policy CS12 (c) of the Dacorum Borough Council Core Strategy (2013) and Paragraph 135 (f) of the National Planning Policy Framework (December 2023).

4.         Notwithstanding the detail shown on drawing No.s 722 / D002 Rev B, 722 / D003 Rev D, the Juliette balcony hereby permitted shall be permanently fitted with a flush fitting screen / balustrade to prevent occupation of any area outside the envelope of the building, and thereafter permanently retained.

            Reason: to safeguard the residential amenities of adjacent properties in accordance with Policy Cs12 of the Core Strategy 2013.

 5.        The outbuilding hereby permitted shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling known as 84 Gravel Lane 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 and to safeguard the residential amenities of adjacent properties in accordance with CS4, and CS12 of the Core Strategy 2013

5e

24/00318/LBC Removal of tiles from front elevation and replacement with rendering.

Dalchini 91 - 95 High Street, Hemel Hempstead, Hertfordshire, HP1 3AH

Councillor Hobson declared that she owned the shop next door and has tenants above the coffee shop she declared that she was coming with an open mind.   She declared that she was happy to not take part in the discussion and the vote.

The Case Officer, Elspeth Palmer, introduced the report to Members and said that the application had been referred to the Committee as the applicant is a DBC employee.

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

Vote:

For:                  Against:                       Abstained:

8                      0                                              1

Resolved: That planning permission be GRANTED.

RECOMMENDATION

That listed building consent be GRANTED subject to the following conditions

Condition(s) and Reason(s):

 1.        The works hereby permitted shall be completed within 4 months 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 existing grey ceramic tiles will be removed and replaced with a render in Pewter Grey K Rend.

            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 (December 2023).

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.