Agenda and draft minutes

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

The minutes of the meeting held on 3 Oct 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 Mitchell, Riddick, Durrant and Maddern. Councillor Silwal substituted on behalf of Councillor Mitchell and Councillor Anderson substituted on behalf of Councillor Riddick.

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.

24/01239/MFA

Change of use from agricultural land to Suitable Alternative Natural Green Space (SANG), together with a vehicular access, car park, paths, fencing and landscaping

Land at Nettleden Road, Potten End, Berkhamsted, Hertfordshire

Councillor Anderson declared an interest in the item, he confirmed that he will take no part in the discussion or voting.

Philip Stanley presented the report on behalf of the Case Officer, Sally Robbins, and said that the application had been referred to the Committee as it was called in by the Ward Cllr & is contrary to the views of the Parish Councils.

Ward Councillor Jane Timmis, Parish Councillor Mark Griffin, John Berry and Alison McDougal from Nettleden and Frithsden Society and resident Paul Rayment and Sunil

Chandarana spoke in objection to the application.

The applicant’s Agent Roger Smith spoke in support of the application.

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

Vote:

For:                  Against:                        Abstained:

2                          6                                  2

Having there been no majority to GRANT the application in line with the officer’s recommendation, it was proposed by Councillor Hobson and seconded by Councillor Patterson to REFUSE the application.

For:                  Against:                        Abstained:

6                           2                                   2

Resolved: That planning permission be REFUSED, for the following reasons:

1)     By virtue of the impact of the car park, the stock-proof fencing and the sub-division of the land the proposed development would have a significant detrimental impact on the special qualities of the Chilterns National Landscape, contrary to the clear objectives of para.182 of the National Planning Policy Framework, Policy CS24 of the Dacorum Core Strategy (September 2013), and Saved Policy 97 of the Dacorum Borough Local Plan 1991-2011.

2)     By virtue of the intensification of use of the site and insufficient measure of protection, particularly in relation to the impact of free running dogs, the proposed development would have a significant detrimental impact on the ancient woodland (Heizdin’s Wood), an irreplaceable habitat, contrary to para.184 of the National Planning Policy Framework.

5b.

24/01740/MFA

The demolition of existing structures and redevelopment for E(g)(iii) Industrial Processes, B2 General Industrial and B8 Storage and Distribution Uses (applied flexibly) with hard and soft landscaping, servicing and associated works.

Hemel One, Boundary Way, Hemel Hempstead, Hertfordshire, HP2 7YU

The Case Officer, Kirsty Shirley introduced the report to Members and said that the application had been referred to the Committee as it’s a large scale major application subject to a proposed Section 106 agreement as defined in the Council’s constitution.

It was proposed by Councillor Anderson and seconded by Councillor Hobson 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 is DELEGATED with a VIEW TO APPROVAL subject to the completion of a legal agreement to secure Biodiversity Net Gain and appropriate contributions for the Travel Plan and Maylands Urban Realm Infrastructure and subject to satisfactorily addressing the LLFA objection.

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 granted by this notice must not begin unless a Biodiversity Gain Plan has been submitted to and approved in writing by the planning authority. The development shall thereafter be carried out in accordance with the approved Plan. Advice about how to prepare a Biodiversity Gain Plan and a template can be found at https://www.gov.uk/guidance/submit-a-biodiversity-gain-plan.

Reason: To ensure that the development provides biodiversity net gain in accordance with Policy CS26 of the Dacorum Borough Core Strategy (2013) and Paragraph 180 of the National Planning Policy Framework (2023). These details are required prior to commencement to ensure that the ecological and biodiversity enhancements can be achieved before construction works begin.

3.     Prior to the commencement of development hereby approved, a Species Enhancement Plan for bats, birds and invertebrates shall be submitted to and approved in writing by the LPA. This should show the location, number and type of enhancement and how their biodiversity value will be sustained over time. The Species Enhancement Plan should also be informed by the lighting strategy and the ecological report by the Ecological appraisal By Aspect Ecology July 2024. All approved features shall be installed prior to first occupation of the dwelling and be maintained and retained thereafter.

Following completion of the development and prior to their first occupation, a report from an appropriately qualified ecologist confirming that all the proposed features have been installed as per previously agreed specifications and locations together with photographic evidence shall be submitted to and approved in writing by the LPA.

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  ...  view the full minutes text for item 5b

5c.

24/00504/FUL

Construction of Agricultural Barn

Kiln Meadow, Chesham Road, Wigginton

The Case Officer, Robert Freeman introduced the report to Members and said that the application had been referred to the Committee due to the contrary recommendation of the Parish Council

The applicant, Viv Pollard, spoke in support of the application.

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

Vote:

For:                  Against:                        Abstained:

 6                        4                               1

Resolved: That planning permission be REFUSED.

RECOMMENDATION.

10.1     That planning permission is REFUSED for the following reasons.

1)         The proposed building in view of its siting, scale, bulk, and height is considered to result in significant harm to the open character and appearance of the Green Belt contrary to the NPPF and Policy CS5 of the Core Strategy.

2)         The proposed building in view of its siting, scale, bulk, and height is considered to result in significant harm to the character and appearance of the Chilterns National Landscape contrary to the NPPF, Policies CS10, CS12, CS24 and CS25 of the Core Strategy, Saved Policy 97 of the Local Plan 1991-2011 and the Chilterns Building Design Guide SPD

5d.

24/01768/FUL

Proposed new build detached four-bedroom dwelling upon the unused side garden to the west of no.22 Verney Close, including rear garden and associated car parking.

22Verney Close, Berkhamsted, Hertfordshire, HP4 3JS 

Councillor Garrick declared an interest in the item as he spoke in objection. He confirmed that he would take no part in the discussion and voting and stepped down as Chair. Councillor Guest stepped up as Vice-Chair for this item.

The Case Officer, Kirsty Shirley introduced the report to Members and said that the application had been referred to the Committee due to the contrary views of Berkhamsted Town Council in respect of overdevelopment of the site and car parking stress in the area.

Town Councillor Garrick Stevens spoke in objection to the application.

Christian Pinchin spoke in support of the application.

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

Vote:

For:                  Against:                        Abstained:

5                      4                                 1

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

RECOMMENDATION

12.1 That planning permission is DELEGATED with a VIEW TO APPROVAL subject to the completion of a legal agreement to secure appropriate contributions towards SAMM and SANG in accordance with the Chiltern Beechwoods Mitigation Strategy and 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:

0453-002 REV P01

0453-106 REV P02

0453-107 REV P02

0453-108 REV P02

0453-109 REV P02

0453-104 REV P02

0453-105 REV P02

0453-103 REV P02

0453-102 REV P02

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

3.              Prior to the commencement of any below ground construction works including the erection of any foundations a Construction Management Plan shall be submitted to and approved in writing by the Local Planning Authority.  The plan should consider all phases (excluding demolition) of the development.  The construction of the development shall only be carried out in accordance with the approved Construction Management Plan which shall include details of:

o                 construction vehicle numbers, type and routing;

o                 traffic management requirements;

o                 construction and storage compounds (including areas designated for car parking);

o                 siting and details of wheel washing facilities;

o                 cleaning of site entrances, site tracks and the adjacent public highway;

o                 timing of construction activities (to avoid school pick up/drop off times);

o                 post construction restoration/reinstatement of the working areas and temporary access to the public highway;

o                 construction or demolition hours of operation; and

o                 dust and noise control measures.

Reason:  In order to protect highway safety and the amenity of other users of the public highway and rights of  ...  view the full minutes text for item 5d

5e.

24/01360/FHA

Proposed part two-storey rear extension; loft conversion; new front porch; new windows and doors and extended terrace.

Angle Place Cottage, Montague Road, Berkhamsted, Hertfordshire, HP4 3DZ

Councillor Garrick declared an interest in the item as he spoke in objection. He confirmed that he ould take no part in the discussion and voting and stepped down as Chair. Councillor Guest stepped up as Vice-Chair for this item.

The Case Officer, Harry Coleman, introduced the report to Members and said that the application had been referred to the committee due to the contrary views of Berkhamsted Town Council in respect of overdevelopment and harm to residential amenity (particularly overlooking and privacy).

Nick Wood and Ward Councillor Garrick Stevens spoke in objection to the application.

The applicant, Vicky Bodhani, spoke in support of the application.

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

Vote:

For:                  Against:                        Abstained:

7                          2                                   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 carried out in accordance with the following approved plans/documents:

            Site Location Plan

            Amended Existing and Proposed Roof-Site Plan - 1064-P01 RC

            Amended Proposed Plans - 1064-P03 RB

            Amended Existing and Proposed Front Elevation - 1064-P04 RA

            Amended Existing and Proposed Rear Elevation - 1064-P05 RB

            Amended Existing and Proposed Side Elevations - 1064-P06 RB

            Planning Design and Access Statement - 1064-PS01 rev0

            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.        The repositioned door at ground floor level in the east-side elevation of the existing dwelling hereby permitted shall be 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).

 5.        Prior to the first use of the terrace balcony over the new single storey rear extension hereby approved, a minimum of 1.80 metre obscure glazed balustrade shall be permanently installed on the north-east and south-west sides of the terrace balcony and retained thereafter.

            Reason:  To accord with the approved plans and in the interests of the  ...  view the full minutes text for item 5e

5f.

24/01797/FHA

Single storey rear extension

24 Merling Croft, Northchurch, Berkhamsted, Hertfordshire, HP4 3XB

Philip Stanley presented the report on behalf of Jane Miller.

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

Vote:

For:                  Against:                        Abstained:

9                        0                                   2

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 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:

            240701/PL101C existing and proposed plans and elevations.

            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.

5g.

24/00258/ADV

Display of an illuminated fascia sign affixed to the front of the restaurant premises and projecting non illuminated sign.

5 - 7 Lower Kings Road, Berkhamsted, Hertfordshire, HP4 2AE 

The item was determined under delegated powers prior to the meeting due to Berkhamsted Town Councillor retracting their objection.

6.         PLANNING ENFORCEMENT REPORT.

Philip Stanley introduced the report, stating that there had been 10 new Notices served since the beginning of July, and also going through the three main areas of focus for Planning Enforcement:

1.      To first visit all new enforcement sites in time (in accordance with priority level of case).

2.      To reduce the number of historical cases and to take formal action where appropriate.

3.      To deal with proactively with large major planning permissions.

The report was noted.

To consider passing a resolution in the following terms:

That, under s.100A (4) of the Local Government Act 1972 Schedule 12A Part 1 as amended by the Local Government (Access to Information) (Variation) Order 2006 the public be excluded during the items in Part 2 of the Agenda for this meeting, because it is likely, in view of the nature of the business to be transacted, that, if members of the public were present during those items, there would be disclosure to them of exempt information relating to the financial and business affairs of the Council and third party companies/organisations.

Local Government Act 1972, Schedule 12A, Part 1,Paragraphs 5

7          EXCLUSION OF THE PUBLIC

To consider passing a resolution in the following terms:

That, under s.100A (4) of the Local Government Act 1972 Schedule 12A Part 1 as

amended by the Local Government (Access to Information) (Variation) Order 2006

the public be excluded during the items in Part 2 of the Agenda for this meeting, as the report contains information, which could be subject to a claim for legal professional privilege. (Local Government Act 1972, Schedule 12A, Part 1, Paragraph 5).

See part 2 minutes