Agenda and minutes

Development Management - Thursday, 23rd February, 2017 7.00 pm

Venue: Council Chamber, The Forum. View directions

Contact: Katie Mogan - 01442 228221  Member Support

Items
No. Item

156.

Minutes

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

Minutes:

The minutes of the meeting held on 2 February 2017 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=511

 

157.

Apologies for absence

To receive any apologies for absence

Minutes:

Apologies of absence were received from Councillors Fisher and Whitman

158.

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:

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

159.

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.

160.

4/02937/16/FUL - CONVERSION OF AGRICULTURAL BARN TO FORM A PAIR OF SEMI DETACHED DWELLINGS COMPRISING A TWO-BEDROOM UNIT FOR A STABLE MANAGER WITH ASSOCIATED TACK STORAGE, LOCKABLE OFFICER AND A ONE-BEDROOM DWELLING FOR OPEN MARKET HOUSING - BARN 2, FLAUNDEN HOUSE STABLES, FLAUNDEN, HEMEL HEMPSTEAD, HP3 0PW pdf icon PDF 127 KB

Additional documents:

Minutes:

Councillor Riddick declared an interest in this application. He did not take part in the discussion or voting of this item.

E Palmer introduced the item, this item was deferred at the meeting held on 12th January 2017 to allow for experts to attend and advise members. If members are minded to grant the application then the plan numbers will need to be updated.

Abel Bunu and Sara Tucker spoke in support of the application.

Parish Councillor Pam Esom spoke in objection to the application.

Ian McAleer and John Rugg spoke in objection to the application.

Members discussed at length the viability of the site and the safety issues of having an open market house so close to the stables and the horses.

C Gaunt explained to members that there is a six stage test for imposing conditions and all these criteria must be met.

Members asked if it was possible for the Group Manager to liaise with the applicant to ensure a substantial barrier is implemented between the open market housing and the stables. The applicant agreed.

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

Vote

For: 6               Against: 1                    Abstained: 3

Resolved

That planning permission be DELEGATED to the Group Manager, Development Management with a view to approval subject to the amendment and signing of the Unilateral Undertaking by relevant parties and the relevant 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 development hereby permitted shall match in size, colour and texture those used on the existing buildings.

 

Reason:  To ensure a satisfactory appearance to the development and to comply with CS 11,12 and 27.

 

3

No development of the buildings hereby approved shall take place until full details of both hard and soft landscape works 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;

• 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  ...  view the full minutes text for item 160.

161.

4/02514/16/FUL - CHANGE OF USE FROM SHOP (A1) TO MIXED SHOP/DRINKING ESTABLISHMENT (A1/A4) USE - 104 HIGH STREET, BERKHAMSTED, HP4 2BL pdf icon PDF 822 KB

Additional documents:

Minutes:

Councillor Matthews declared a personal interest as the objectors were known to him. He retired to the public area and did not take part in the discussion or voting of this item.

J Seed introduced the report to members and it has been referred to the committee as it is a re-submission of a proposal previously refused by the committee.

Members were concerned about the class of the shop. S Whelan advised that was an enforcement issue, not a planning consideration for tonight.

Councillor Ritchie asked what had changed since the last refusal. J Seed said the shop had put in an acoustic wall and there are currently discussions with the applicants about solving the disabled access problems.

Greg Blessen and Tim Hickford spoke in support of the application.

Councillor Imarni arrived at 8.10pm and took no part in the discussion and voting of this item.

It was proposed by Councillor Guest but fell to a lack of a seconder.

There were further discussions amongst the committee and the recommendation was seconded by Councillor Tindall.

Vote

For: 5               Against: 3                    Abstained: 2

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 plans/documents:

 

Location Plan

Application Form

Ground Floor

First Floor

 

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

 

2

Within three months of the date of this decision, a Disabled Access Statement (DAS), prepared by a registered access officer, will be submitted to the Local Planning Authority. Once approved, the recommendations contained within the DAS will be implemented within three months of approval and provided for the lifetime of the development.

 

Reason: To ensure that disabled access arrangements are provided in accordance with Policy CS12 of the Core Strategy and Saved Policy 63 of the Dacorum Borough Local Plan.

 

3

The premises shall only be open to customers and / or other patrons between the following hours:

 

Mon - Thurs: 12:00 - 21:00

Fri: 12:00 - 21:30

Sat: 10:00 - 21:30

Sun, Bank and Public Holidays: 11:00 - 18:00

 

Reason: To protect the residential amenity of neighbouring occupants 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 with the applicant at the pre-application stage and during the determination process which lead 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) Order 2015.  

 

INFORMATIVE

 

The applicant is advised that the awning which is affixed to the side of the proposal site does not benefit from planning permission and as such, you are advised to address this matter urgently, either by removing the awning and all associated fixtures and fittings and making good any resultant damage, or by submitting an application to the  ...  view the full minutes text for item 161.

162.

4/02528/16/FUL - CONSTRUCTION OF FOUR DETACHED DWELLINGS WITH NEW ACCESS FROM BULBOURNE ROAD - GAMNEL FARM, BULBOURNE ROAD, TRING, HP23 5HF pdf icon PDF 141 KB

Additional documents:

Minutes:

N Gibbs introduced the item and said members had deferred the item at the last meeting for further information and discussion about the access road. It has since been clarified that the site access road exits onto a 40mph not 60 mph road.

Councillor C Wyatt-Lowe said she would not have pushed for refusal at the last meeting if she had known it was a 40mph road. She said she rescinded her decision based on false information.

It was proposed by Councillor Birnie and seconded by Councillor Conway 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:

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

No development shall take place until samples of the materials proposed to be used on the external walls/roofs of the development shall have been submitted to and approved in writing by the local planning authority.  The approved materials shall be used in the implementation of the development. 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 safeguard the character and appearance of the Green Bell and the setting of Chilterns Area of Outstanding Natural Beauty in accordance with Policies CS5, CS12 and  CS24 of Dacorum Core Strategy and saved Policy 97 of Dacorum Borough Local Plan. 

 

 

3

No development shall take place until details of the materials proposed to be used on the surfaces of the roadway, turning and parking areas have been submitted to and approved in writing by the local planning authority.  The approved materials shall be used in the implementation of the development. 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 safeguard the character and appearance of the Green Belt and the setting of Chilterns Area of Outstanding Natural Beauty in accordance with Policies CS5, CS12 and  CS24 of Dacorum Core Strategy and saved Policy 97 of Dacorum Borough Local Plan. 

 

 

4

No development shall take place until details of the proposed slab, finished floor and ridge levels of the buildings in relation to the existing and proposed levels of the site and the surrounding land shall have been submitted to and approved in writing by the local planning authority.  The buildings shall be constructed in accordance with the approved levels.

 

Reason:  To safeguard the character and appearance of the Green Belt and the setting of Chilterns Area of Outstanding Natural Beauty in accordance with Policies CS5, CS12 and  CS24 of Dacorum Core Strategy and saved Policy 97 of  ...  view the full minutes text for item 162.

163.

4/02467/16/FUL - TWO BED DWELLING - 52 RIDGEWAY, BERKHAMSTED, HP4 3LD pdf icon PDF 945 KB

Additional documents:

Minutes:

A Harmen introduced the report and said it had been referred to committee due to the contrary views of Berkhamsted Town Council.

Darren Levin spoke in support of the application.

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

Vote

For: 10             Against: 1                    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/documents:

 

Wren naj 70c 2016 rev B

Wrend 70 b 2016 REvA

 

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

 

3

The materials to be used in the construction of the external surfaces of the dwelling hereby permitted shall match in size, colour and texture those used on the existing building at 52 Ridgeway

 

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

 

4

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

 

Schedule 2 Part 1 Classes A and B

 

Reason:  To enable the local planning authority to retain control over the development in the interests of safeguarding the amenity of neighbouring properties in accordance with policies CS12 of the Core Strategy

 

5

Prior to the first occupation of the development hereby permitted a visibility splay shall be provided in full accordance with the details indicated on the approved plan Wren naj 70c 2016 rev B.  The splay shall thereafter be maintained at all times free from any obstruction between 600mm and 2m above the level of the adjacent highway carriageway. 

 

Reason: In the interests of highway safety and in accordance with saved policy 58 of the Local Plan (1991) and policy CS12 of the Core Strategy (2013)

 

Informatives

 

AN1) Where works are required within the public highway to facilitate the new or amended vehicular access, the Highway Authority require the construction of such works to be undertaken to their satisfaction and specification, and by a contractor who is authorised to work in the public highway. If any of the works associated with the construction of the access affects or requires the removal and/or the relocation of any equipment, apparatus or structures (e.g. street name plates, bus stop signs or shelters, statutory authority equipment etc.) the applicant will be required to bear the cost of such removal or alteration. Before works commence the applicant will need to  ...  view the full minutes text for item 163.

164.

4/02526/16/FHA - PROPOSED DOUBLE GARAGE - BLUEBELLE, HOGPITS BOTTOM, FLAUNDEN, HEMEL HEMPSTEAD, HP3 0PX pdf icon PDF 161 KB

Additional documents:

Minutes:

Councillor C Wyatt-Lowe declared a personal interest as she knew the architect. She reserved her right to speak and vote on this item.

A Harmen introduced the report and said it had been referred to committee due to the contrary views of Flaunden Parish Council.

Martin Dowling spoke in support of this application.

Parish Councillor Vivienne Adams spoke in objection to the application.

Martin Hemmings spoke in objection to the application.

It was proposed by Councillor Guest and seconded by Councillor Imarni to grant the application in line with the officers recommendation.

Vote

For: 6               Against: 0                    Abstained: 6

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/documents:

 

420/4

420/05

420/06

420/07

 

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 approved drawings.

 

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

 

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.

 

 

165.

4/02842/16/FUL - NEW DWELLING - 16 COBB ROAD, BERKHAMSTED, HP4 3LE pdf icon PDF 146 KB

Additional documents:

Minutes:

B Curtain introduced the report and said it had been referred to committee due to the contrary views of Berkhamsted Town Council.

Natalie Bear spoke in support of this application.

Mrs Drake and Arthur Talbot spoke in objection to the application.

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

Vote

For: 5               Against: 5                    Abstained: 1

Due to there being no majority, the Chairman had the casting vote. The Chairman voted for the application.

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 in accordance with Policy CS12 of the Dacorum Core Strategy (September 2013).

 

3

All hard and soft landscape works shall be carried out in accordance with the approved details on Drawing No. 167 pa2.09 Rev B.   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 (September 2013).

 

4

The proposed car parking spaces shall have measurements of 2.4m x 4.8m min. 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: 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.

 

5

The development hereby permitted shall not be occupied until the vehicle crossover has been widened and the arrangements for vehicle parking shown on Drawing No. 167 pa2.06 Rev B shall have been provided, and they shall not be used thereafter otherwise than for the purposes approved.

 

Reason:  To ensure the adequate and satisfactory provision of off-street vehicle parking facilities.

 

6

The garage door shall open inwards or be in the form of a roller and thereafter maintained as such.

 

Reason: In the interest of highway safety and free and safe flow of traffic

 

7

The development hereby permitted shall be carried out in accordance with the approved Policy CS29 sustainability statement.

 

Reason:  To ensure the sustainable development of the site in accordance with Policy CS29 of the Dacorum Core Strategy (September 2013).

 

8  ...  view the full minutes text for item 165.

166.

4/03441/16/FHA - DEMOLITION OF EXISTING CONSERVATORY AND REPLACEMENT TWO STOREY SIDE EXTENSION AND SINGLE STOREY REAR EXTENSION - 25 WINDMILL WAY, TRING, HP23 4HH pdf icon PDF 142 KB

Additional documents:

Minutes:

S Robbins introduced the report and said it had been referred to committee due to the contrary views of Tring Town Council.

It was proposed by Councillor Matthews 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.

 

2

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

 

MD 1515 02 PL

 

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.  

 

 

167.

4/03392/16/FHA - SINGLE STOREY REAR EXTENSION. SINGLE STOREY SIDE EXTENSION WITH TERRACE OVER AND RENDER CLADDING TO FRONT - 2 COPPINS CLOSE, BERKHAMSTED, HP4 3NZ pdf icon PDF 110 KB

Additional documents:

Minutes:

B Curtain introduced the report and said it had been referred to the committee due to the contrary views of Berkhamsted Town Council. She advised that a change to the description would be needed and condition 2 would need to be amended.

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: 8               Against: 3                    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 constructed in accordance with the materials specified on the approved drawings.

Reason:  For the avoidance of doubt and to ensure a satisfactory appearance to the development in accordance with Policy CS12 of the Dacorum Core Strategy September 2013 and saved Appendix 7 of the Dacorum Borough local Plan 1991-2011.

 

3

The proposed timber screen shown on Drg. No. 197 pa2.04 shall be a minimum of 1.7 metres in height above the floor of the roof terrace and the balustrade shall be set back as shown on Drg No. 197 pa2.03/A. Both shall be erected prior to the first use of the terrace and shall thereafter be retained in position.

 

Reason: For the avoidance of doubt and to preserve the amenities of the adjacent residential property in accordance with Policy CS12 of the Dacorum Core Strategy September 2013.

 

4

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

 

197 SUL.01

197 PA2.01

197 PA2.02

197 PA2.03/A

197 PA2.04

197 PA2.05/A

 

 

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 No. 2) Order 2015.  

 

168.

Appeals update pdf icon PDF 90 KB

Minutes:

The following appeals were noted:

  1. Lodged
  2. Forthcoming inquiries
  3. Dismissed
  4. Allowed

 

Councillor D Collins announced that this meeting would be S Whelan’s last before she goes on maternity leave. On behalf of the committee, he wished her all the best.