Agenda and draft minutes

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

The minutes of the meeting held on 20 May 2024. Were confirmed by the Members present.

Hard-copy minutes were signed by the Chair

To receive any apologies for absence

Apologies received from the Councillor Wyatt-Lowe and Smith-Wright.

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.

There were no public speakers.

5a.

23/02934/FUL

Demolition of existing garage and rear/side extensions.  Addition of new rear/side extension and conversion from one dwelling to two.

Greymantle, Hempstead Road, Bovingdon, Hemel Hempstead, Hertfordshire, HP3 0HF

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

It was proposed by Councillor Patterson and seconded by Councillor Bristow to DELEGATE with a view to APPROVAL.

Vote:

For:                  Against:                       Abstained:

8                      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 an 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 development hereby permitted shall be carried out in accordance with the following approved plans/documents:

            Site Location Plan

            Proposed Elevations PE1

            Proposed Elevations PE2

            Proposed Site Plan PS1 received 17th January, 2024.

            Proposed Floor Plan PF1

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

 3.        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).

 4.        Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (or any Order amending or re-enacting that Order with or without modification) no development falling within the following classes of the Order shall be carried out without the prior written approval of the Local Planning Authority:

            Schedule 2, Part 1, B

            Reason:  To enable the Local Planning Authority to retain control over the development in the interests of safeguarding the residential amenity of the adjacent neighbours and visual amenity of the locality in accordance with Policy CS12 of the Dacorum Borough Core Strategy (2013) and Paragraph 135 of the National Planning Policy Framework (December 2023).

 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)  ...  view the full minutes text for item 5a

5b.

23/02235/FUL

Demolition of existing stable buildings. Construction of 1 no. residential dwelling and alterations to vehicular access.

The Stables, 11 Piccotts End Lane, Hemel Hempstead, Hertfordshire, HP2 6JH

The Case Officer, Lois-May Chapman, introduced the report to Members and said that the application had been referred to the Committee due to a Neighbourhood petition.

It was proposed by Councillor Riddick and seconded by Councillor Guest to DELEGATE with a view to APPROVAL.

Vote:

For:                  Against:                       Abstained:

6                         3                                    3

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

RECOMMENDATION

That planning permission be DELEGATED with a view to APPROVAL subject to appropriate conditions and an appropriate assessment in accordance with article 6(3) of the Habitats Directive and securing a mitigation package to prevent harm to the Chiltern 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 (unless otherwise required by any other condition associated with this Planning permission):

            PCTe GA 100/2 F

            PCTe GA 101 F

            PCTe EX 400 D

            PCTe GA 300 C

            PCTe GA 301 C

Arboricultural Impact Assessment and Method Statement - TCTC-18353- AIA Rev B

Bat Report produced by Greengage

Archaeological Report produced by HCUK Group

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

3.    Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (or any Order amending or re-enacting that Order with or without modification) no development falling within the following classes of the Order shall be carried out without the prior written approval of the Local Planning Authority:

Schedule 2, Part 1, Class A, B, C, E, F, G of Part 1 and Class B of Part 2

Reason:  The proposal has been concluded to have no greater impact on the Green belt than the existing buildings. To enable the Local Planning Authority to retain control over the development in the interests of safeguarding the future openness and visual amenity of the Green Belt, in accordance with Policy CS5, CS12 of the Dacorum Borough Core Strategy (2013) and  the National Planning Policy Framework (December 2023).

4.    No development shall take commence until an Archaeological Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of archaeological significance and research questions; and:

a. The programme and methodology of site investigation and recording

b. The programme for post investigation assessment

c. Provision to be made for analysis of the site investigation and recording

d. Provision to be made for publication and  ...  view the full minutes text for item 5b

5c.

24/00368/FHA

Reinstatement of existing 3.5m wide gated access to western end of rear garden. New 5 rail timber field gate.

Spring Lodge, Hollybush Close, Potten End, Berkhamsted, Hertfordshire, HP4 2SN

Robert Freeman introduced the report to Members, on behalf of the Case Officer Martin Stickley, 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 Durrant to GRANT the application.

Vote:

For:                  Against:                       Abstained:

11                       0                                    1

Resolved: That planning permission be GRANTED.

RECOMMENDATION

It is recommended that planning permission be granted subject to the conditions below.

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:

            MJT/102 (B) - Proposed Site Plan

MJT/103 (C) - Swept Path Details, Car Parking and Visibility

MJT/104 (B) - Street Scene 

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

 3.        Prior to the first use of the development hereby permitted the vehicular access shall be completed and thereafter retained as shown on drawing MJT/103 (B) in accordance with details/specifications to be submitted to and approved in writing by the Local Planning Authority in consultation with the highway authority in the form of a dropped kerb access. Prior to use appropriate arrangements shall be made for surface water to be intercepted and disposed of separately so that it does not discharge from or onto the highway carriageway.

            Reason: To ensure construction of a satisfactory development and in the interests of highway safety in accordance with saved Policy 51 of the Dacorum Borough Core Strategy (2004), Policies CS8 and CS9 of the Dacorum Borough Core Strategy (2013) and Paragraph 115 of the National Planning Policy Framework (2023).

 4.        Prior to the first use of the development hereby permitted a visibility splay shall be provided in full accordance with the details illustrated on the approved drawing number MJT/102 (B). The splay shall thereafter be retained at all times free from any obstruction between 600mm and 2m above the level of the adjacent highway carriageway.

            Reason: To ensure construction of a satisfactory development and in the interests of highway safety in accordance with saved Policy 51 of the Dacorum Borough Core Strategy (2004), Policies CS8 and CS9 of the Dacorum Borough Core Strategy (2013) and Paragraph 115 of the National Planning Policy Framework (2023).

 5.        Prior to the first use of the development hereby permitted any access gate, bollard, chain or other means of obstruction shall be installed to open inwards, set back, and thereafter retained (in perpetuity) at a minimum distance of 6 (may be reduced to  ...  view the full minutes text for item 5c

5d.

23/02195/FUL

Construction of 9 dwellings including the creation of a new vehicular access, parking and landscaping

Land West Of Tring Road Tring Road Wilstone Tring Hertfordshire

Item 5d has been deferred to a subsequent meeting.

5e.

24/00609/FUL

Demolition of existing garage and construction of a 4 bed dwelling and 3 bed dwelling

21 Wood Lane End, Hemel Hempstead

The Case Officer, Robert Freeman, introduced the report to Members and said that the application had been referred to the Committee at the request of Councillor Pesch.The Case Officer recommended that an additional condition, removing Class A and E permitted development rights, be added to any approval.

It was proposed by Councillor Guest and seconded by Councillor Durrant to DELEGATE WITH A VIEW TO APPROVAL (with the additional condition).

Vote:

For:                  Against:                       Abstained:

9                      0                                              3

Resolved: That planning permission be DELEGATED WITH A VIEW TO APPROVAL.

RECOMMENDATION.

10.1     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.

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

LO-001 (Location Plan)

PL-001 Revision C (Block Plan)

PL-002 Revision A (Plans and Elevations)

Arboricutural Survey by Arbtech dated 30^th January 2024

Design and Access Statement by bhd Architecture, Planning and Design dated March 2024

Habitat and Protected Species Report by Paul Hicking Associates dated March 2024

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

Reason: To ensure that the issue of contamination is adequately addressed to protect human health and the surrounding environment and to ensure a satisfactory development, in accordance with Core Strategy (2013) Policy CS32.

3.         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).

4.         No construction of the superstructure shall take place until 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  ...  view the full minutes text for item 5e

6.         Appeals Update

P Stanley gave an in-depth update on the appeals received and determined in the period 01 April to 31 My 2024. Members asked questions regarding the procedure of the two upcoming Public Inquiries.

The report was noted: