Agenda and draft minutes

Development Management
Thursday, 27th April, 2017 7.00 pm

Venue: Conference Room 2 - The Forum. View directions

Contact: Katie Mogan  Member Support

Items
No. Item

188.

Minutes

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

Minutes:

The minutes of the meeting held on 6 April 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=514

 

189.

Apologies for absence

To receive any apologies for absence

Minutes:

Apologies of absence were received from Councillors Whitman and Tindall.

 

190.

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.

191.

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 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.

 

Minutes:

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

192.

4/03473/16/MFA - CONSTRUCTION OF A CARE HOME FOR THE ELDERLY AND A NEW GP SURGERY - 32 HIGH STREET, KINGS LANGLEY, WD4 8AA pdf icon PDF 275 KB

Additional documents:

Minutes:

N Gibbs introduced the report and said this application had been deferred at the last committee as members requested further information. This information has been provided in the addendum.

 

Councillor Birnie left the room at 19.09pm so did not take part in the voting of this item.

 

Ian Stone spoke in support of the application.

 

Phil Cheetham spoke in objection to the application.

 

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

 

Vote

 

For: 8               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

No part of the development hereby permitted shall take place until details and samples (where appropriate) of the materials (including glazing) 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 and the hard surfaced courtyard shall be constructed of permeable material in accordance with details submitted to and approved in writing by the local planning authority.  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: In the interests of the character and appearance of the Conservation Area and the setting of the adjoining listed building and in the interests of sustainable drainage to accord with the requirements of Policies CS10 ,CS12, CS27 and CS29 of the Dacorum Core Strategy and the saved Policies 119 and 120 of the Dacorum Borough Local Plan.

 

3

All new external rainwater and soil pipes shall be formed in metal and painted black and all windows, doors and fascias shall be of timber and the rooflights shall be of a Conservation type.   

 

Reason:  In the interests of the character and appearance of the Conservation Area and the setting of the adjoining listed building to accord with the requirements of Policies CS10 ,CS12 and CS27 of the Dacorum Core Strategy and the saved Policies 119 and 120 of the Dacorum Borough Local Plan.

 

 

4

This planning permission does not approve the removal of any of Trees T1 to T17 shown by Drawing No. D0188- 002 - D . All of these trees shall be protected during the whole period of construction fully in accordance with the details shown by Drawing No.  Drawing No. D0188- 002 - D. Notwithstanding the submitted details a scheme for soft landscape works shall be carried during the first planting season following the first use of the development hereby permitted fully in accordance with details submitted to and approved in writing by the local planning authority.  For  ...  view the full minutes text for item 192.

193.

4/03378/16/ROC - VARIATION OF CONDITION 2 (APPROVED PLANS) ATTACHED TO PLANNING PERMISSION 4/03120/16/NMA - NON-MATERIAL AMENDMENT TO PLANNING PERMISSION 4/02419/04/FUL (RESIDENTIAL DEVELOPMENT OF 325 DWELLINGS, PROVISION OF OPEN SPACE, LANDSCAPING, FOOTPATH LINKS AND ASSOCIATED HIGHWAY IMPROVEMENT WORKS INCLUDING NEW RAILWAY CROSSINGS (VEHICULAR AND PEDESTRIAN)) - LAND ADJ. THE MANOR ESTATE, APSLEY, HEMEL HEMPSTEAD, HP3 9SE pdf icon PDF 923 KB

Additional documents:

Minutes:

A Parrish introduced the item and said this application was for a minor material amendment.

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

Vote

For: 11             Against: 0                    Abstained: 0

Resolved

1.         That the application be DELEGATED to the Group Manager - Development Management & Planning with a view to approval subject to the completion of a Deed of Variation to the existing planning obligation under s.106 of the Town and Country Planning Act 1990 and the draft list of conditions below.

 

2.         That the following Heads of Terms for the Deed of Variation, or such other terms as the Committee may determine, be agreed:

 

That reference is made to planning application 4/03378/16/ROC in the current s106 agreement relating to 4/02419/04/FUL.

 

1

The development shall be carried out in accordance with the details of phasing approved under application reference 4/01044/11/DRC.

 

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

 

2

The development shall be carried out in accordance with the samples / details of materials approved under application references 4/01479/11/DRC and 4/02285/14/DRC.

 

Reason:  To ensure a satisfactory appearance to the development in accordance with Policies CS10, 11, 12 and 13 of the Dacorum Core Strategy (September 2013).

 

3

Unless otherwise approved in writing by the local planning authority, all window frames shall be finished in white and recessed 90 mm from the face of the elevation in which they are set, all doors shall be painted/stained timber, all fascias, bargeboards, and other joinery shall be white painted/stained timber, and all juliet balconies shall be finished black, and the development shall be carried out in accordance with the details of windows/frames approved under application reference 4/01961/11/DRC and materials approved under application reference 4/00863/13/DRC.

 

Reason:  To ensure a sustainable form and satisfactory appearance to the development in accordance with Policies CS10, 11, 12, 13 and 29 of the Dacorum Core Strategy (September 2013).

 

4

The development shall be carried out in accordance with the details of levels/contours, slab and finished floor levels approved under application references 4/01370/11/DRC (Phase 1) and 4/01767/11/DRC (Phases 2, 3, 4 & 5), except in-so-far as may be varied as part of the current application.

 

Reason:  For the avoidance of doubt and to ensure a satisfactory form of development in accordance with Policy CS12 of the Dacorum Core Strategy September 2013.

 

5

The development shall be carried out in accordance with the details of tree protection approved under application reference 4/01163/11/DRC. No materials, plant or equipment shall be stored or deposited and no mixing of materials shall take place within the area(s) so protected. 

 

Reason: To ensure that damage does not occur to the trees during building operations in the interests of the appearance of the development and to safeguard the visual character of the immediate area in accordance with saved Policies 99 and 100 of the Dacorum Borough Local Plan 1991-2011 and Policies  ...  view the full minutes text for item 193.

194.

4/01064/16/FUL - NEW BUILDING TO ENCLOSE EXISTING BUILDING. EXISTING BUILDING TO REMAIN WITHIN THE NEW STRUCTURE - WAGON AND HORSES, LONDON ROAD, FLAMSTEAD, ST. ALBANS, AL3 8HG pdf icon PDF 1 MB

Additional documents:

Minutes:

J Seed introduced the item and said it had been referred to committee due to the contrary views of Flamstead Parish Council.

Scott Moore spoke in support of the application.

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

Vote

For: 11             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:

 

Application Form

Location Plan

311.002/200C

311.002/210F

311.002/230E

 

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

 

3

Prior to commencement of development, a Detailed Construction Method Statement (DCMS) shall be submitted to and approved by the Local Planning Authority. Following approval, the measures contained within the DCMS will be implemented in their entirety for the lifetime of the development.

 

Reason: The details submitted with the proposal are insufficient to provide adequately to confirm that the proposal meets with the high quality built environment requirements of the National Planning Policy Framework and the sustainable construction requirements of Policy CS29 of the Core Strategy. As the required details are fundamental to the success of the proposal, in this instance it is considered necessary for the condition to be pre-commencement.

 

 

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.

 

195.

4/00157/17/FUL - DEMOLITION OF EXISTING BUILDING AND CONSTRUCTION OF FOUR 4-BED DWELLINGS - TRING HEALTH CENTRE, STATION ROAD, TRING, HP23 5NF pdf icon PDF 218 KB

Additional documents:

Minutes:

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

James Holmes spoke in support of the application.

Councillor Guest arrived at 7.50pm so took no part in the discussion or voting of this item

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

Vote

For: 11             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: TD011/PL/201 & TDC011/PL/01 & TDC011/PL/02 & TDC011/PL/03 & TDC011/PL/04 & TD011/PL/101 & TD011/PL/301 & 17116cv-01 & recommendations of document entitled ‘Report on the tree amenity value and condition at Tring Clinic, Station Road, Tring, HP23 5NF’. 

Reason: For the avoidance of doubt, in the interests of proper planning and in the interest of the health of vegetation at the site in accordance with Policies 99 and 100 of the Dacorum Local Plan 2004.

 

 

3

Prior to the construction of the dwellings hereby approved, full specifications of the materials to be used for their external surfaces shall be submitted to and approved in writing by the Local Planning Authority. Subsequesntly, the development shall be carried out and retained in accordance with details approved in this regard.

 

Reason: In the interests of the character of the area in accordance with Policies CS11 and CS12 of the Dacorum Core Strategy 2013.

 

 

4

Prior to first occupation of the development hereby permitted full details on a suitably scaled plan of both hard and 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) means of enclosure;

b) existing and proposed finished levels and finished floor levels.

c) planting plans, including specifications of species, sizes, planting centres, planting method and number and percentage mix;

d) Arboricultural Method Statement;

e) details for all external hard surface within the site, including roads, drainage detail  and car parking areas.

 

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.

 

 

5

Prior to any development, including demolition, at the site full details on a suitably scaled plan of tree protection measures for vegetation within the site must be submitted to and approved  ...  view the full minutes text for item 195.

196.

4/03281/16/FUL - CHANGE OF USE FROM BEAUTY SALON (SUI GENERIS) TO A5 - 39 FROGMORE STREET, TRING, HP23 5AU pdf icon PDF 139 KB

Additional documents:

Minutes:

I Keen introduced the item and said it had been referred to committee due to the contrary views of Tring Town Council.

Members were concerned about the lack of extraction in the plans and asked for a condition to be imposed.

It was proposed by Councillor Birnie and seconded by Councillor Clark 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 use hereby permitted and the premises shall not be open to customers other than between the hours of 12:00 and 23:00 hours on Mondays to Saturdays; and 17:00 to 22:00 hours on Sundays , Bank Holidays and Public Holidays.

 

Reason:  In the interests of the amenities of the occupants of neighbouring dwellings in accordance with Policy CS12 of the Dacorum Core Strategy 2013.       

 

The use hereby permitted shall not commence before details of ventilation relating to the kitchen or food preparation areas have been submitted, approved in writing by the local planning authority and installed.

 

Reason:  In the interests of safeguarding the character and appearance of the Conservation Area and residential amenity of neighbouring properties 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

 

 

 

4

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

 

1528 001

MD 0612 01

 

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 proactively 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.

 

 

197.

4/00403/17/FUL - THREE BED DWELLING - 38 MEADOW ROAD, HEMEL HEMPSTEAD, HP3 8AJ pdf icon PDF 139 KB

Additional documents:

Minutes:

R Marber introduced the item and said it had been referred to committee due to the contrary views of Nash Mills Parish Council.

Jo Lines spoke in support of the application.

It was proposed by Councillor Maddern and seconded by Councillor Imarni 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

Prior to first occupation of the development hereby approved, details of facilities for the storage of refuse shall have been submitted to and approved in writing by the local planning authority.  The approved facilities shall then be provided before the development is first brought into use and they shall thereafter be permanently retained.

 

Reason: To accord with Saved Policy 129 of the Dacorum Borough Local Plan (2004) and policy CS12 of the Core Strategy (2013).

 

3

Within 6 months of the date of this decision a construction management plan setting out details of on-site parking for all contractors, sub-contractors, visitors, delivery vehicles and storage of materials shall have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. The areas set out shall be maintained available for use at all times during the period of site works.

 

Reason: To minimise danger, obstruction and inconvenience to users of the highway, in accordance with policies CS8 and CS12 of the Core Strategy (2013).

 

4

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

 

PL/001 Rev A

PL/003 Rev A

PL/004 Rev 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. 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.

 

Highway Informatives

 

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.

Storage of Materials: 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  ...  view the full minutes text for item 197.

198.

4/02580/16/FUL - CONSTRUCTION OF DETACHED TWO BEDROOM, TWO STOREY DWELLING WITH ASSOCIATED PARKING - 1 THE CART TRACK, BELSWAINS LANE, HEMEL HEMPSTEAD, HP3 9XA pdf icon PDF 89 KB

Additional documents:

Minutes:

M Heron introduced the item and said it had been referred to committee due to the contrary views of Nash Mills Parish Council and Councillor Maddern had called it in.

In her role as ward councillor, Councillor Maddern spoke in objection to the application.

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

Vote

For: 6               Against: 2                    Abstained: 3

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: J1393/P03 Rev. A & J1393/P04 Rev. A & J1393/P02 Rev. A & J1393/P01.

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

 

3

Prior to the construction of the dwelling hereby approved, full specifications of the materials to be used for the external surfaces shall be submitted to and approved in writing by the Local Planning Authority. Subsequesntly, the development shall be carried out and retained in accordance with details approved in this regard.

 

Reason: In the interests of the character of the area in accordance with Policies CS11 and CS12 of the Dacorum Core Strategy 2013.

 

4

Prior to first occupation of the development hereby permitted full details on a suitably scaled plan of both hard and 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) means of enclosure;

b) existing and proposed finished levels and finished floor levels.

c) planting plans, including specifications of species, sizes, planting centres, planting method and number and percentage mix;

d) details for all external hard surface within the site, including roads, drainage detail  and car parking areas.

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.

 

5

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  ...  view the full minutes text for item 198.

199.

Appeals update

Minutes:

That the following appeals be noted:

  1. Lodged
  2. Forthcoming inquiries
  3. Dismissed