Items
| No. |
Item |
95. |
Minutes
To confirm the minutes of the previous meeting
(these are circulated separately)
Minutes:
The
minutes of the meeting held on 29 September and 20 October 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=506
|
96. |
Apologies for absence
To receive any apologies for absence
Minutes:
Apologies were received from Councillor Imarni and
Tindall.
|
97. |
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.
|
98. |
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
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How to let
us know
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When we
need to know by
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3
minutes
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Where more than 1 person wishes to speak on a planning
application, the shared time is increased from 3 minutes to 5
minutes.
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In
writing or by phone
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Noon the day of the meeting
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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.
|
99. |
4/00029/16/MFA - CONVENT OF ST FRANCIS DE SALES PREPARATORY SCHOOL, AYLESBURY ROAD, TRING, HP23 4DL  PDF 574 KB
Additional documents:
Minutes:
I
Keen introduced the item to members and said it had been referred
to the committee due to the contrary views of Tring Town Council.
The planning officer said further objections had been submitted
since the addendum was published and if the committee were to grant
the application, condition 18 would need to be amended to include
the correct plan numbers.
Simon Handy spoke in support of the application.
Town Councillor Christopher Townsend spoke in objection to this
application on behalf of Tring Town Council.
Rob Schafer and Jack Costin spoke in objection to this
application.
It
was proposed by Councillor C Wyatt-Lowe and seconded by Councillor
Guest to grant the application in line with the officer’s
recommendation.
Vote
For: 8
Against: 3
Abstained: 1
Resolved:
1.
That planning permission be DELEGATED to the Group Manager,
Development Management and Planning with a view to approval subject
to the SoS not intervening with a call in and completion of a
planning obligation under s.106 of the Town and Country Planning
Act 1990.
2.
That the following Heads of Terms for the
planning obligation, or such other terms as the Committee may
determine, be agreed:
12 units of Affordable Housing
Subject to the following conditions:
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1
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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.
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|
2
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No development shall take place until details of the
materials to be used in the construction of the external surfaces
of the development hereby permitted shall have been submitted to
and approved in writing by the local planning authority. Specific
details of the following shall be submitted and development shall be carried out in accordance
with the approved details:
·
sample
panels of brickwork;
·
Sample of roof
materials;
·
Detailed scaled drawing of
joinery;
·
Details of windows heads and
cills;
·
rainwater goods;
·
Details of rooflights
Reason: In the interests of the visual
amenities of the area, enhance the relationship to neighbouring
properties and to enhance the ecological potential of the site in
accordance with policy CS12 of the adopted Core Strategy and 99 of
the local plan.
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3
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No development shall take place 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 and boundary
treatments;
·
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;
·
proposed finished levels or
contours;
·
car parking layouts and other vehicle and
pedestrian access and circulation areas;
·
External lighting.
·
means of managing/maintaining landscaped
areas.
The approved landscape works shall be carried out
prior to the first occupation of the development hereby
...
view the full minutes text for item 99.
|
|
100. |
4/02488/16/FUL - THE WALLED GARDEN, STOCKS ROAD, ALDBURY, TRING, HP23 5RZ PDF 1 MB
Additional documents:
Minutes:
Councillor Guest declared a personal interest in this item as
she knew the architect from her Church – they have not
discussed the application so reserved her right to speak and
vote.
Councillor D Collins declared a personal interest as he was
Dacorum Borough Council’s representative on the Chiltern
Conservation Board. He reserved his right to speak and
vote.
A
Parrish introduced the item and said it had been brought to
committee at the request of Councillor Mills. The planning officer
said that an almost identical scheme was refused in
August.
Kathie Garsarth and David Kirkland spoke in support of this
application.
In
his role as ward councillor, Councillor Mills spoke in support of
this application.
It
was decided by members that there are special circumstances and
that the scheme satisfies all four points of the exceptional
quality or innovative nature of the design tests in NPPF 55 for
building in a Rural Area.
Members agreed with the planning officer’s judgment that
the building was truly outstanding or innovative, helping to raise
standards of design more generally in rural areas and is reflective
of the highest standards in architecture.
Members disagreed with the planning officer on the final 2
bullet points, instead finding that the design will significantly
enhance its immediate setting and be sensitive to the defining
characteristics of the local area.
It
was proposed by Councillor Birnie and seconded by Councillor Fisher
to refuse this application in line with the officer’s
recommendation.
Vote
For: 2
Against: 7
Abstained: 3
Having there been no majority to grant this application in line
with the officer’s recommendation, it was proposed by
Councillor C Wyatt-Lowe and seconded by Councillor Ritchie that the
officer’s recommendation be overturned and the application be
delegated to the Group Manager for Planning and Development
Management with a view to approval subject to
conditions.
It
was decided by members that they felt the scheme satisfied all four
tests in NPPF 55 for building in a Rural Area.
Vote
For: 7
Against: 2
Abstained: 3
Resolved
That planning permission be DELEGATED to the
Group Manager for planning and Development Management with a view
to approval subject to conditions.
|
101. |
4/01413/16/FUL - NASH MILLS METHODIST CHURCH, BARNACRES ROAD, HEMEL HEMPSTEAD, HP3 8JS PDF 367 KB
Additional documents:
Minutes:
Councillor Maddern stood down from the committee as she would be
speaking in objection so didn’t take part in discussion or
the vote.
J
Seed introduced the report and said it had been referred to the
committee due to the contrary views of Nash Mills Parish
Council.
Mr
J Hussein and Michael Clare (Crime Prevention, Herts Police) spoke
in support of this application.
David Hill spoke in objection to this application.
In
her role as ward councillor, Councillor Maddern spoke in objection
to the application.
Councillor Matthews said if this fence was necessary for the
security of the site, then why isn’t anti-climb paint and
other preventative measures conditioned?
J
Seed said these could be added to the landscaping
condition.
It
was proposed by Councillor C Wyatt-Lowe and seconded by Councillor
Guest to grant the application in line with the officer’s
recommendation.
Vote
For: 7
Against: 2
Abstained: 2
Resolved:
That planning permission be GRANTED subject to
the following conditions:
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1
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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.
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2
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The development hereby permitted shall be
carried out in accordance with the following approved
plans/documents:
Procter Pro-sure Fencing Specification
TBC
Reason: For the
avoidance of doubt and in the interests of proper
planning.
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3
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The development hereby permitted shall be
constructed in accordance with the materials specified on the
approved drawings, application forms and documents.
Reason: To
ensure a satisfactory appearance to the development in accordance
with Policy CS12 of the Core Strategy
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|
4
|
No development shall take place 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;
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 are in accordance
with Policy CS12 of the Core Strategy.
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5
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The fence illustrated within Drawing No. XX which
extends from 'A' to 'E' and 'F' to 'G' will permanently removed
within 18 months of the date of this decision and all resulting
debris will be removed from the site.
Reason: To protect the visual amenity of
the site and surrounding area in accordance with Policy CS12 of the
Core Strategy.
ARTICLE 35 STATEMENT
Planning permission has been granted for this proposal. The
Council acted pro-actively through positive engagement
...
view the full minutes text for item 101.
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|
102. |
4/02175/16/FHA - 160 BRIDGEWATER ROAD, BERKHAMSTED, HP4 1EE PDF 296 KB
Additional documents:
Minutes:
R
Marber introduced the report and said it had been referred to the
committee due to the contrary views of Berkhamsted Town
Council.
Chris Kennedy spoke in support of the application.
John Mumby spoke in objection to the application.
It
was proposed by Councillor Guest and seconded by Councillor Whitman
to grant the application in line with the officer’s
recommendation.
Vote
For: 9
Against: 2
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.
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|
2
|
The development hereby permitted shall be
constructed in accordance with the materials specified on the
approved drawings.
Reason: To
ensure a satisfactory appearance to the development, in accordance
with policy CS12 of the Core Strategy (2013).
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3
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The development hereby permitted shall be
carried out in accordance with the following approved
plans:
Front Elevation (indexed 19/09/16)
Side Elevation (indexed 19/09/16)
Rear Elevation (indexed 09/08/16)
Ground-Floor Plan (indexed 23/08/16)
First-Floor Plan (indexed 23/08/16)
Loft Floor Plan (indexed 23/08/16)
Plan View (indexed 29/09/16)
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 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
(paragraphs 186 and 187) and in accordance with the Town and
Country Planning (Development Management Procedure) (England)
(Amendment) Order 2015.
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|
103. |
4/02508/16/FHA - 2 PHOENIX WALK, HEMEL HEMPSTEAD, HP2 7RR PDF 91 KB
Additional documents:
Minutes:
Councillor C Wyatt-Lowe declared an interest in this item as she
had called it in on behalf of a resident so the application could
have Committee scrutiny. However, she had not come to any opinion
herself and so reserved her right to speak and vote.
R
Marber introduced the item and said it had been called in by
Councillor C Wyatt-Lowe.
Roy Hardway spoke in support of the application.
Neil Turner spoke in objection to the application.
It
was proposed by Councillor Guest and seconded by Councillor Riddick
to grant the application in line with the officer’s
recommendation.
Vote
For: 10
Against: 0
Abstained: 2
Resolved:
That planning permission be GRANTED subject to
the following conditions:
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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
constructed in accordance with the materials specified on the
approved drawings or such other materials as may be agreed in
writing by the local planning authority.
Reason: To
ensure a satisfactory appearance to the development, in accordance
with policy CS12 of the Core Strategy (2013).
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3
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The development hereby permitted shall be
carried out in accordance with the following approved
plans/documents:
WPD-044-16-2
Reason: For the
avoidance of doubt and in the interests of proper
planning.
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|
104. |
4/02258/16/FHA - 45 WATER END ROAD, POTTEN END, BERKHAMSTED, HP4 2SH PDF 139 KB
Additional documents:
Minutes:
The item was introduced by the planning officer and was referred
to the committee as the site is within Council
ownership.
It
was proposed by Councillor Whitman and seconded by Councillor
Birnie to grant the application in line with the officer’s
recommendation.
Vote
For: 12
Against: 0
Abstained: 0
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.
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|
2
|
The development hereby permitted shall be carried
out in accordance with the following approved
plans/documents:
Proposed plan
Reason: For the avoidance of doubt and in
the interests of proper planning.
Article 35;
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.
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|
105. |
4/02292/16/FUL - AMENITY LAND, FLATFIELD ROAD, HEMEL HEMPSTEAD PDF 230 KB
Additional documents:
Minutes:
The item was introduced by the planning officer and was referred
to the committee as the site is within Council
ownership.
It
was proposed by Councillor Birnie and seconded by Councillor
Riddick to grant the application in line with the officer’s
recommendation.
Vote
For: 12
Against: 0
Abstained: 0
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
not be carried out other than in accordance with the following
approved plans/documents: DBC/016/018 & details of soakaway
system to be incorporated as outlined in drawing no.
HST/500/004.
Reason: For the
avoidance of doubt, in the interests of proper planning
and to ensure that the proposal is acceptable in
terms of flooding and drainage, in accordance with Policies CS31 of
the Dacorum Core Strategy 2013.
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3
|
Prior to the construction of the parking
spaces hereby approved, full specifications of the materials to be
used for hardstandings shall be submitted to and approved in
writing by the Local Planning Authority. Subsequently, the
development shall be carried out and retained as
approved.
Reason:
To ensure a satisfactory appearance to the
development, in accordance with Policies CS11 and CS12 of the
Dacorum Core Strategy 2013.
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4
|
Prior to first use of the parking spaces
hereby approved full details on a suitably scaled plan of soft
landscape works must be submitted to and approved in writing by the
Local Planning Authority. Subsequently, these works shall be in
addition to those shown on the approved plans and shall be carried
out and retained as approved. The
landscaping details to be submitted shall include:-
a) planting plans, including specifications of
species, sizes, planting centres, planting method and number and
percentage mix;
b) management and maintenance details.
Reason: The landscaping of this site is
required in order to protect and enhance the existing visual
character of the area and to reduce the visual and environmental
impacts of the development hereby permitted in accordance with
Policies 99 and 100 of the Dacorum Local Plan 2004.
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5
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All planting, seeding or turfing and soil
preparation comprised in the approved details of landscaping shall
be carried out in the first planting and seeding seasons following
first occupation of the building; and any trees or plants which
within a period of five years from the completion of the
development die, are removed or become seriously damaged or
diseased shall be replaced in the next planting season with others
of similar size and species, unless the Local Planning Authority
gives written approval to any variation. All landscape works shall
be carried out in accordance with the guidance contained in British
Standards unless otherwise agreed in writing by the Local Planning
Authority. ...
view the full minutes text for item 105.
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|
106. |
4/02407/16/FUL - AMENITY LAND, HETCHLEYS, HEMEL HEMPSTEAD PDF 64 KB
Additional documents:
Minutes:
The item was introduced by the planning officer and was referred
to the committee as the site is within Council
ownership.
It
was proposed by Councillor Birnie and seconded by Councillor
Whitman to grant the application in line with the officer’s
recommendation.
Vote
For: 12
Against: 0
Abstained: 0
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.
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|
2
|
The development hereby permitted shall
not be carried out other than in accordance with the following
approved plans/documents: DBC/016/20 & e-mail dated 27 October
2016 confirming use and details of Hansen Aqua Blocks to match the
existing hardstanding.
Reason: For the
avoidance of doubt, in the interests of proper planning, to ensure
a satisfactory design and to ensure that the
proposal is acceptable in terms of flooding and drainage, in
accordance with Policies CS11, CS12 and CS31 of the Dacorum Core
Strategy 2013.
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) Order 2015.
Informative:
1.
Storage of materials: The applicant is advised that
the storage of materials associated with the construction of this
development should be provided within the site on land which is not
public highway, and the use of such areas must not interfere with
the public highway. If this is not possible, authorisation should
be sought from the Highway Authority before construction works
commence. Further information is available via the website
http://www.hertsdirect.org/services/transtreets/highways/ or by
telephoning 0300 1234047.
2.
Obstruction of public highway land: It is an offence
under section 137 of the Highways Act 1980 for any person, without
lawful authority or excuse, in any way to wilfully obstruct the
free passage along a highway or public right of way. If this
development is likely to result in the public highway or public
right of way network becoming routinely blocked (fully or partly)
the applicant must contact the Highway Authority to obtain their
permission and requirements before construction works commence.
Further information is available via the website
http://www.hertsdirect.org/services/transtreets/highways/ or by
telephoning 0300 1234047.
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107. |
Appeals PDF 91 KB
Minutes:
That the following appeals be noted:
-
Lodged
-
Forthcoming inquiries
-
Dismissed
-
Allowed
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