Agenda and minutes

Development Management - Thursday, 7th July, 2016 7.00 pm

Venue: Council Chamber, The Forum. View directions

Contact: Katie Mogan  Member Support

Items
No. Item

31.

Minutes

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

Minutes:

The minutes of the meeting held on 16 June 2016 were confirmed by the Members present and were then signed by the Chairman.

 

An addendum to the agenda was circulated before the meeting.  A copy of the addendum can be found on the DBC website on the following link:

 

https://democracy.dacorum.gov.uk/ieListDocuments.aspx?CId=159&MId=501

 

32.

Apologies for absence

To receive any apologies for absence

Minutes:

Apologies were received from Councillor Imarni, Matthews and Tindall.

 

33.

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 complete the pink interest sheet which will be made available at the meeting and then hand this to the Committee Clerk at the meeting

Minutes:

Councillor D Collins asked Members to remember to declare any Disclosable Pecuniary or other Interests at the beginning of the relevant planning application.

 

34.

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

Noon the day of the meeting

 

You need to inform the council in advance if you wish to speak by contacting Member Support on Tel: 01442 228221 or by email: Member.support@dacorum.gov.uk

 

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 Control 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.

 

Minutes:

Councillor D Collins reminded the members and the public about the rules regarding public participation.

 

35.

4/01353/16/ROC - LAND ADJ HOLLY HOUSE, DOCTORS COMMONS ROAD, BERKHAMSTED, HP4 3DR pdf icon PDF 176 KB

Additional documents:

Minutes:

I Keen introduced the item and said that planning permission is sought for minor amendments to a previously approved single dwelling. It has been brought to committee due to the contrary views of Berkhamsted Town Council.

John Gerry spoke in support of this application.

Daniel Willis spoke in objection of this application.

Town Councillor Garrick Stevens spoke in objection of this application.

It was proposed by Councillor C Wyatt-Lowe and seconded by Councillor Conway to grant the application in line with the officer’s recommendation.

Vote

For: 7               Against: 0                    Abstained: 4

Resolved

That determination of the application be DELEGATED to the Group Manager of Development Management and Planning, following the expiry of the consultation period and no additional material considerations being raised, with a view to GRANT with the following conditions:

1

The development hereby permitted shall be begun before the expiration of three years from the date of planning permission 4/03375/14/FUL.

 

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 approved drawings and e-mail dated 22 June 2016.

 

Reason: To ensure a satisfactory appearance to the development and in the interests of the visual amenities of the Conservation Area in accordance with Policies CS12 and CS27 of the Dacorum Core Strategy 2013 and saved Policy 120 of the Dacorum Borough Local Plan 1991-2011.

 

3

All hard and soft landscape works including the planting of a 2m high leylandi tree on the south-western side boundary shall be carried out in accordance with the approved details (including e-mail from TW-2 Architects dated 22 June 2016).  The works shall be carried out prior to the occupation of any part of the development or in accordance with a programme agreed with the local planning authority.

 

Reason: To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area in accordance with Policy CS12 of the Dacorum Core Strategy 2013.

 

4

In this condition "retained tree" means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs (a) and (b) below shall have effect until the expiration of five (5) years from the date of the occupation of the building for its permitted use.

 

(a) No retained tree shall be cut down, uprooted or destroyed, nor shall any  retained tree be topped or lopped other than in accordance with the approved plans and particulars, without the written approval of the local planning authority.  Any topping or lopping approved shall be carried out in accordance with British Standard 3998: 1989  Recommendations for Tree Work.

 

(b) If any retained tree is removed, uprooted or destroyed or dies, another tree shall be planted at the same place and that tree shall be of such size and species, and shall be planted  ...  view the full minutes text for item 35.

36.

4/01101/16/FUL - HAVENCROFT, 13 BANK MILL, BERKHAMSTED, HP4 2ER pdf icon PDF 171 KB

Additional documents:

Minutes:

J Seed introduced the report and corrected a typing error in the conclusion of the report. The report says “3-storey” but the planning officer confirmed this should say “2-storeys”. It has been brought to committee due to the contrary views of Berkhamsted Town Council.

Edward Hunt spoke in support of this application.

It was proposed by Councillor Whitman and seconded Councillor Ritchie to grant the application in line with the officer’s recommendation together with the additional condition and amended condition per the addendum report.

Vote

For: 10             Against: 0                    Abstained: 1

Resolved

That planning permission be GRANTED subject to the following conditions:

1

The development hereby permitted shall be begun 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:

 

P10

P11

 

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

 

3

No development shall take place (excluding demolition) until full details of both hard and soft landscape works shall have been submitted to and approved in writing by the local planning authority.  These details shall include:

 

·        hard surfacing materials;

·        means of enclosure;

·        soft landscape works which shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate;

·        trees to be retained and measures for their protection during construction works;

·        proposed finished levels or contours;

·        car parking layouts and other vehicle and pedestrian access and circulation areas;

·        minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting etc);

·        proposed and existing functional services above and below ground (e.g. drainage, power, communications cables, pipelines etc, indicating lines, manholes, supports etc);

 

The approved landscape works shall be carried out prior to the first occupation of the development hereby permitted.

               

Reason: To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area in accordance with Policy CS12 of the Core Strategy.

 

4

The proposed car parking spaces shall have measurements of 2.4m x 4.8m minimum and be located on land within the ownership of the applicant. Such spaces shall be maintained as a permanent ancillary to the development and shall be paved and used for no other purpose.

Reason: The above condition is required to ensure the adequate provision of off-street parking at all times in order to minimise the impact on the safe and efficient operation of the adjoining highway in accordance with Policy CS12 of the Core Strategy, Saved Policy 51 and Saved Appendix 5 of the Dacorum Borough Local Plan.

 

5

Before the premises are occupied all on site vehicular areas shall be surfaced in a manner to the Local Planning Authority's approval so  ...  view the full minutes text for item 36.

37.

4/00210/16/FHA - 36 MISWELL LANE, TRING, HP23 4DD pdf icon PDF 989 KB

Additional documents:

Minutes:

I Keen introduced the report and said it had been bought to committee due to the contrary views of Tring Town Council. The planning officer also highlighted the condition in the addendum which would provide extra landscaping to limit the overlooking of the neighbouring property.

 

Craig Murphy spoke in support of this application.

 

It was proposed by Councillor Birnie and seconded by Councillor Maddern that the application be granted in line with the officer’s recommendation together with the additional condition per the addendum report.

 

Vote

For: 10             Against: 0                    Abstained: 1

 

Resolved

 

That planning permission be GRANTED subject to the following conditions:

 

1

The development hereby permitted shall be begun 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

Within three months of the date of this decision, full details of the following landscape works shall have been submitted to and approved in writing by the local planning authority:

 

·        trees to be retained and measures for their protection during construction works;

·        proposed finished levels or contours;

·        the installation of a screen positioned proximate to and parallel to the south-eastern side boundary shared with No. 34 Miswell Lane, to obscure views from the patio.  The screen shall be 1.7m above the lower level of the patio hereby approved.

 

The approved landscape works shall be carried out prior to the first occupation of the development hereby permitted.

               

Reason:  In the interests of residential amenity in accordance with Policy CS12 of the Dacorum Core Strategy 2013.

 

 

3

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

 

4658 / P Revision A (proposed block plan and elevation).

 

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

 

Article 35 Statement

 

Planning permission has been granted for this proposal.  The Council acted proactively through positive discussion with the applicant which led to improvements to the scheme.  The Council has therefore acted in line with the requirements of the Framework (paragraphs 186 and 187) and in accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2015.

 

In this condition "retained tree" means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs (a) and (b) below shall have effect until the expiration of five (5) years from the date of the occupation of the building for its permitted use.

 

(a) No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped other than in accordance with the approved plans and particulars, without the written approval of the local planning authority.  Any topping or lopping approved shall be carried out in accordance with British Standard 3998: 1989  Recommendations for Tree Work.

 

(b) If any retained tree is removed, uprooted or destroyed  ...  view the full minutes text for item 37.

38.

4/00974/16/FUL - 7 NUNFIELD, CHIPPERFIELD, KINGS LANGLEY, WD4 9EW pdf icon PDF 372 KB

Additional documents:

Minutes:

J Seed introduced the report and this application is to facilitate disabled parking. The application is before the committee as the land is owned by Dacorum Borough Council (Certificate B application).

Lora Burrows spoke in support of this application.

It was proposed by Councillor C Wyatt-Lowe and seconded by Councillor Maddern to grant the application in line with the officer’s recommendation.

Vote

For: 10             Against: 0                    Abstained: 1

Resolved

That planning permission be GRANTED subject to the following conditions:

1

The development hereby permitted shall be begun 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 begun 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.

 

3

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

 

NUN01

NUN02

 

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

 

4

The tree which is illustrated within Drawing Numbers NUN01 and NUN02 hereby approved shall be protected for the duration or the construction period and retained hereafter.

 

Reason: To ensure that the tree is adequately protected in accordance with Saved Policy 99 of the Dacorum Local Plan.

 

5

The development hereby permitted shall be constructed in accordance with the materials specified on the approved drawings and application form.

 

Reason: To ensure a satisfactory appearance to the development in accordance with Policies CS12 and CS29 of the Core Strategy.

 

 

INFORMATIVES

 

S278 Agreement: Any works within the highway boundary will need to be secured and approved via a s278 Agreement. The grass verge between the road and the property boundary is considered to be public highway. Work on this land will be subject to a s278 Agreement. It should be pointed out that, at this stage, HCC is NOT approving the materials / construction details. This will be included within the s278 Agreement. It is possible that the materials which HCC requires in the highway will be different from those within the property. In determining the materials, HCC will consider the long term maintenance costs.

 

Advisory Note 1: Construction standards for works within the highway: 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  ...  view the full minutes text for item 38.

39.

4/01173/16/FUL - BADGERDELL HOUSE, TOWER HILL, CHIPPERFIELD, KINGS LANGLEY, WD4 9LN pdf icon PDF 777 KB

Additional documents:

Minutes:

Councillor Riddick declared a personal interest in this item. He stated that he had been involved in an earlier application regarding a stables at the site and knows the neighbours. He has not had any involvement in this application and so reserved his right to vote and speak.

M Stickley introduced the report and this application is before the committee due to the contrary views of Chipperfield Parish Council.

Emma Roadnight spoke in support of this application.

It was proposed by Councillor Whitman and seconded by Councillor Birnie to grant this application in line with the officer’s recommendation.

Vote

For: 10             Against: 0                    Abstained: 1

Resolved

That planning permission be GRANTED subject to the following conditions:

 

1

The development hereby permitted shall be carried out in accordance with the following approved plan:

 

Total-play specifications (final design - version 3), dated 30th October 2015

 

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

 

Article 35 Statement

 

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 (paragraphs 186 and 187) and in accordance with the Town and Country Planning (Development Management Procedure) (England) (Amendment) Order 2015.

 

40.

4/00708/16/FUL - 15 PHEASANT CLOSE, TRING, HP23 5EQ pdf icon PDF 349 KB

Additional documents:

Minutes:

M Stickley introduced the item and said it had been brought to committee due to the contrary views of Tring Town Council.

It was proposed by Councillor Birnie and seconded by Councillor Fisher to grant the application in line with the officer’s recommendation.

Vote

For: 10             Against: 0                    Abstained: 1

Resolved

That planning permission be GRANTED subject to the following conditions:

1

The development hereby permitted shall be begun 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 extension hereby permitted shall match in size, colour and texture those used on the existing building.

 

Reason: To ensure a satisfactory appearance to the development.

 

3

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

 

APT/0316/104

APT/0316/105

APT/0316/106

 

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

 

Article 35 Statement

 

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 (paragraphs 186 and 187) and in accordance with the Town and Country Planning (Development Management Procedure) (England) (Amendment) Order 2015.

 

41.

4/00743/16/FUL - DOCTORS SURGERY, PARKWOOD DRIVE, HEMEL HEMPSTEAD, HP1 2LD pdf icon PDF 106 KB

Additional documents:

Minutes:

Councillor Whitman and Councillor Guest declared personal interests in this item as they are both patients at this doctor’s surgery. They reserved their right to speak and vote.

T Amlak introduced the report and it had been brought to committee as the development is located on Council owned land.

It was proposed by Councillor Whitman and seconded by Councillor Guest to grant this application in line with the officer’s recommendation.

Vote

For: 10             Against: 0                    Abstained: 1

Resolved

That planning permission be GRANTED subject to the following conditions:

1

The development hereby permitted shall be begun 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

All new or altered external surfaces shall be finished or made good to match those of the existing building.

 

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

 

3

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

Drawing No. NTBS2436/01

Drawing No. NTBS2436/02

Drawing No. NTBS2436/03

Drawing No. NTBS2436/04

Drawing No. NTBS2436/05

Drawing No. NTBS2436/06

Drawing No. NTBS2436/08

Drawing No. NTBS2436/09

Drawing No. NTBS243610/010

 

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

 

 

NOTE 1: ARTICLE 35 STATEMENT

 

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 (paragraphs 186 and 187) and in accordance with the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2015.

 

Highways

AN1. Road Deposits: Best practical means shall be taken at all times to ensure that all vehicles leaving the development site during construction of the development are in condition such as not to emit dust or deposit mud, slurry or other debris on the highway. This is to minimise the impact of construction vehicles and to improve the amenity of the local area.

AN2. The applicant is advised that storage of materials associated with the development should take place within the site and not extend into within the public highway without authorisation from the highway authority, Hertfordshire County Council. If necessary further details can be obtained from the County Council Highways via either the website http://www.hertsdirect.org/services/transtreets/highways/ or telephone 0300 1234047 to arrange this.

AN3.The developer should be aware that the required standards regarding the maintenance of the public right of way and safety during the construction. The public rights of way along the carriageway and footways should remain unobstructed by vehicles, machinery, materials and other aspects of construction works. Prior to commencement of the construction of any development the applicant should submit a construction management plan for LPA's approval in consultation with the highway authority.