Agenda and draft minutes

Development Management - Thursday, 9th January, 2025 7.00 pm

Venue: Council Chamber, 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:

 

1.     MINUTES

The minutes of the meeting held on 12 December 2024 were circulated late so not all Members had a chance to read them. The committee agreed to email member support if they were in disagreement.

 

2.

Apologies for absence

To receive any apologies for absence

Minutes:

1.     APOLOGIES FOR ABSENCE AND SUBSTITUTIONS

Apologies received from the Councillor Smyth-Wright, Councillor W Allen substituted on her behalf.

 

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:

 

3.       DECLARATIONS OF INTEREST

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:

4.         PUBLIC PARTICIPATION

 

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

24/01409/FUL Construction of agricultural building Lot B2A, Upper Bourne End Lane, Hemel Hempstead, Hertfordshire pdf icon PDF 567 KB

Minutes:

5.         The order of applications was changed to allow the speakers for 5b to be heard first. The items were heard in the following order.

 

5b.

5a.

5c.

5d.

5e.

Items 5c and 5d were presented and considered together, but had separate votes.

 

 

 

 

5a.

24/01409/FUL

Construction of Agricultural Building 

Land at Upper Bourne End Lane

 

Cllr Walker declared that he sits on Bovingdon Parish Council and confirmed that he will take no part in the discussion or voting.

Cllr Riddick decaled that this item is in his ward, he also called the item in, but he is coming to the meeting with an open mind.

 

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 Riddick. Councillor Riddick expressed concerns as to the appropriateness of the development in the Green Belt.

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

Vote:

 

For:                  Against:                         Abstained:

 

6                         2                                   3

 

Resolved: That planning permission be GRANTED.

RECOMMENDATION.

 

That planning permission is GRANTED 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:

 

UBEL PA.01 Revision B (Location Plan)

UBEL PA 02 (Block Plan)

UBEL PA 03 Revision D (Plans and Elevations)

 

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

 

3.         No construction of the building hereby permitted 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;

- 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. furniture, play equipment, signs, refuse or other storage units, etc.);

- an assessment of the biodiversity value of the site,

- details of finished floor, ridge and eaves heights in respect of existing and proposed ground levels and neighbouring properties and

- details of any external lighting and associate lux levels

- retained historic landscape features and proposals for restoration, where relevant.

 

The approved 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 5 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  ...  view the full minutes text for item 5a

5b

24/01915/FUL Demolition of existing agricultural buildings, construction of 4 new dwellings, associated parking and landscaping. Tuffs Farm, Tower Hill, Chipperfield, Kings Langley, Hertfordshire, WD4 9LW pdf icon PDF 785 KB

Minutes:

5b.

24/01915/FUL

Demolition of existing agricultural buildings, construction of 4 new dwellings, associated parking and landscaping.

Tuffs Farm, Tower Hill, Chipperfield, Kings Langley, Hertfordshire, WD4 9LW

 

Cllr Riddick declared that this item is in his Ward but that he had come to the meeting with an open mind.

 

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

Russell Kitching and Parish Councillor Patton spoke in objection to the officer’s recommendations.

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

Vote:

 

For:                  Against:                         Abstained:

6                         5                                      1

 

Resolved: That planning permission be REFUSED.

RECOMMENDATION

 

That planning permission is REFUSED for the following reasons.

 

1.      Development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances. 'Very special circumstances' will not exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm resulting from the proposal, is clearly outweighed by other considerations.

 

            The proposed development is inappropriate development in the Green Belt and the very special circumstances put forward although carrying some weight do not outweigh the harm to the Green Belt and other harms.

            The proposed development is therefore contrary to NPPF (2024) paras. 11 d) and 153,154 and 155 and Policy 5 of the Core Strategy (2013).

 

2.      The proposed scheme by nature of its scale, bulk, footprint, design and materials will result in 'less than substantial' harm to the significance of the designated heritage assets and NPPF (2024) Para 215 should be engaged within the decision-making process.  The harm should be weighed against the public benefits of the proposal including, where appropriate, securing its optimum viable use.

           

            The small public benefit from the demolition of the existing modern farm buildings would not outweigh the harm to the designated heritage assets resulting from the construction of 4 new market dwellings as proposed.

            The proposed development would therefore be contrary to Policy CS27 of the Dacorum Core Strategy (2013), saved policy 120 of the Dacorum Borough Local Plan (2004) and Paras. 135, 212 and 215 of the NPPF (2024).

 

3.      The application does not provide sufficient information to satisfy the Council, as the competent authority, that the proposed development will not adversely affect the integrity of the Chilterns Beechwoods Special Area of Conservation. 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 Policy CS26 of the Dacorum Borough Core Strategy (2013), Paragraph 195 of the National Planning Policy Framework (2024) and the requirements of the Habitats Regulations (2017 and 2019).

 

4.      Insufficient information has been submitted to demonstrated why the loss of Grade 2 and 3 agricultural land and associated buildings is acceptable in  ...  view the full minutes text for item 5b

5c

24/00643/FUL Construction of new dwelling and garage, boundary wall and associated parking. 64 High Street, Markyate, St Albans, Hertfordshire, AL3 8HZ pdf icon PDF 458 KB

Minutes:

5c.

24/00643/FUL

Construction of new dwelling and garage with associated parking

64 High Street, Markyate, St Albans, Hertfordshire, AL3 8HZ

 

 

Councillor Allen left the room at the conclusion of the previous item and was not present at the start of the discussion, so he couldn’t take part in the debate or voting.

 

The Case Officer, Briony Curtain, introduced the report to Members and said that the application had been referred to the Committee due to the scheme having been previously refused by Members

It was proposed by Councillor Patterson and seconded by Councillor Bristow to DELEGATE 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 a legal agreement securing a mitigation package to avoid any further significant effects on the Chilterns Beechwoods Special Area of Conservation.

 

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:

            GOW/21701/SITENEW

            GOW/21701/ELEV1

            GOW/21701/ELEV2

            GOW/21701/PLAN

            Tree Protection Plan

            Tree Report, Arboricultural Impact Assessment and Method Statement (prepared by C.A.T Landscape Consultants dated 12.11.20)

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

 3.        No development (excluding demolition/ground investigations) shall take place until full 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.        Prior to the first occupation of the dwelling hereby approved full details of both hard and soft landscape works shall be 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;

            Any tree or shrub which forms part of the approved landscaping scheme which within a period of 5 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.

            The hard and soft landscaping  ...  view the full minutes text for item 5c

5d

24/00644/LBC Construction of new dwelling and garage, boundary wall and associated parking.64 High Street, Markyate, St Albans, Hertfordshire, AL3 8HZ pdf icon PDF 136 KB

Minutes:

5d.

24/00644/LBC

Construction of new dwelling and garage, boundary wall and associated parking.

64 High Street, Markyate, St Albans, Hertfordshire, AL3 8HZ

 

Councillor Allen left the room at the conclusion of the previous item and was not present at the start of the discussion, so he couldn’t take part in the debate or voting.

 

The Case Officer, Briony Curtain, introduced the report to Members and said that the application had been referred to the Committee due to previously being refused by Members.

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

 

Vote:

 

For:                  Against:                         Abstained:

10                       0                                             1

 

Resolved: That planning permission be GRANTED.

RECOMMENDATION

 

That listed building consent be GRANTED

 

Condition(s) and Reason(s):

 1.        The works hereby permitted shall begin before the expiration of three years 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 works hereby permitted shall be carried out in accordance with the following approved plans/documents:

            GOW/21701/SITENEW

            GOW/21701/ELEV1

            GOW/21701/ELEV2

            GOW/21701/PLAN

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

 3.        No works (excluding demolition/ground investigations) shall take place until details of the materials to be used in the construction of the external surfaces of the works hereby permitted have been submitted and approved in writing by the Local Planning Authority.  The works 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 works and to safeguard the visual character of the area in accordance with Policies CS11 and CS12 of the Dacorum Borough Core Strategy (2013).

 

 

5e

24/02652/FHA Single storey front, side and rear extension. 9 Brickfield Avenue, Hemel Hempstead, Hertfordshire, HP3 8NP pdf icon PDF 142 KB

Minutes:

5e.

24/02652/FHA

Single storey front, side and rear extension.

9 Brickfield Avenue, Hemel Hempstead, Hertfordshire, HP3 8NP 

 

The Case Officer, Rachael Payne, introduced the report to Members and said that the application had been referred to the Committee due to the applicant being a DBC employee.

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

 

Vote:

 

For:                  Against:                         Abstained:

11                         0                                           1

 

Resolved: That planning permission be GRANTED.

 

RECOMMENDATION

 

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 constructed in accordance with the materials specified on the application form and the proposed window materials shall match the existing property.

            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:

            Site Location Plan

            Proposed Plan - wren naj 063a 2024

            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.

 

 

5f

24/02076/RET Retention of alteration of ground levels to increase size of patio and to install a retaining wall, 9 New Park Drive, Hemel Hempstead, Hertfordshire, HP2 4QQ pdf icon PDF 228 KB

Minutes:

5f.

24/02076/RET

Retention of alteration of ground levels to increase size of patio and to install a retaining wall

9 New Park Drive, Hemel Hempstead, Hertfordshire, HP2 4QQ 

 

Briony Curtain introduced the report on behalf of the Case Officer (Colin Lecart) and said that the application had been referred to the Committee as the applicant’s partner works for DBC.

It was proposed by Councillor Wyatt-Lowe and seconded by Councillor Durrant to GRANT the application.

 

Vote:

 

For:                  Against:                         Abstained:

11                         0                                     1

 

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:

            Proposed Site & Location Plan

            Retaining Wall Design

            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.

 

The meeting ended at 21:55.