Agenda and minutes

Development Management
Thursday, 25th May, 2017 7.00 pm

Venue: Council Chamber

Contact: Katie Mogan  Member Support

Items
No. Item

1.

Minutes

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

Minutes:

The minutes of the meeting held on 27 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=515

 

2.

Apologies for absence

To receive any apologies for absence

Minutes:

Apologies of absence were received from Councillor Guest.

 

Councillor C Wyatt-Lowe chaired the meeting in her absence.

 

3.

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 C Wyatt-Lowe asked Members to remember to declare any Disclosable Pecuniary or other Interests at the beginning of the relevant planning application.

4.

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 C Wyatt-Lowe reminded the members and the public about the rules regarding public participation.

 

5.

4/00022/17/FUL - DEMOLITION OF EXISTING BUNGALOW AND CONSTRUCTION OF TWO 5-BED DWELLINGS - SYMONSDOWN, VICARAGE LANE, BOVINGDON, HEMEL HEMPSTEAD, HP3 0LT pdf icon PDF 343 KB

Additional documents:

Minutes:

Councillor Riddick declared an interest in this application as he had called it in. He took no part in the discussion of this item.

M Heron introduced the item to members and said it had been referred to committee due to the contrary views of Bovingdon Parish Council and it had been called in by Councillor Riddick.

Malcolm Leach spoke in support of the application.

Colin Little and Alex Drake spoke in objection to the application.

Members were concerned about parking, overlooking and floorspace.

It was proposed by Councillor Birnie and seconded by Councillor Maddern to defer this application to allow for further information regarding parking, overlooking and the floorspace.

Vote

For: 9               Against: 1                    Abstained: 1

Resolved

That the application be DEFERRED to allow for further information regarding parking, overlooking and the floorspace.

 

6.

4/03310/16/FUL - THE INFILLING OF THREE EXISTING OPENINGS WITH CLEAR GLAZING AND TIMBER PANELS - THE OLD BOATHOUSE, CASTLE WHARF, BRIDGE STREET, BERKHAMSTED, HP4 2EB pdf icon PDF 377 KB

Additional documents:

Minutes:

R Herbert introduced the item to members and said it had been referred to committee due to the contrary views of Berkhamsted Town Council.

Chris Watts spoke in support of the application.

It was proposed by Councillor Whitman and seconded by Councillor Birnie 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

No development shall take place until details of the materials to be used in the construction of the framing and glazing hereby permitted have been submitted and approved in writing by the local planning authority.  Development shall be carried out in accordance with the approved details.  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 ensure a satisfactory appearance to the development, and in the interests of the visual amenities of the Conservation Area.

 

3

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

 

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

 

544 07B elevations

749 08

749/14a

749/15a proposed elevations

 

Informative

 

The applicant is advised to contact the Canal & River Trusts’ works planner, Osi Ivowi, on 01908 302 591 to ensure that the work complies with our ‘Code of practice for works affecting the Canal & River Trust’.

 

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.

 

 

7.

4/03638/15/FUL - CONSTRUCTION OF NEW DWELLING TO THE REAR OF NO'S 7 & 8 HUNTING GATE (FURTHER REVISED SCHEME) - 7 HUNTING GATE, HEMEL HEMPSTEAD, HP2 6NX pdf icon PDF 108 KB

Additional documents:

Minutes:

Councillor C Wyatt-Lowe declared an interest in this application as she had a conversation with residents at number 10. However, she did not express an opinion so reserved her right to speak and vote.

N Gibbs introduced the item and said it had been referred to the committee as it had been called in by Councillor Bhinder.

Members were concerned that they had not had enough time to properly consider the late additional information for this application.

It was proposed by Councillor Birnie and seconded by Councillor Tindall to defer the application.

Vote

For: 10             Against: 0                    Abstained: 1

Resolved

That the application be DEFERRED to allow members to consider late submitted information.

 

8.

4/00036/17/FHA - CONVERSION OF LOFT SPACE TO BEDROOM AND EN-SUITE, RAISING THE ROOF FROM HIP TO GABLE. PROVISION OF DORMERS TO FRONT AND REAR.
9 DELLFIELD AVENUE, BERKHAMSTED, HP4 1DX pdf icon PDF 203 KB

Additional documents:

Minutes:

E Palmer introduced the application and said it had been referred to committee due to the contrary views of Berkhamsted Town Council.

Daniel Parry spoke in support of the application.

It was proposed by Councillor Whitman and seconded by Councillor Tindall 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 development hereby permitted shall match in size, colour and texture those used on the existing building.

 

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

 

3

The window in the new gable end of the roof in the southern side elevation of the development hereby permitted shall be permanently fitted with obscured glass.

 

Reason:  In the interests of the amenity of adjoining residents and to comply with CS 11 and 12.

 

4

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

 

location plan

cil

existing and proposed elevations 1632/02A

sustainability statement

 

Reason: For the avoidance of doubt and in the interests of proper planning and to comply with CS 11 and 12.

 

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.  

 

9.

4/02911/16/FUL - PROPOSED OAK-FRAMED BARN TO REPLACE EXISTING BUILDINGS (AMENDED SCHEME) - LONG LANE FARM, LONG LANE, BOVINGDON, HEMEL HEMPSTEAD, HP3 0NE pdf icon PDF 146 KB

Additional documents:

Minutes:

Councillor Whitman left the chamber at 8.20pm so took no part in the discussion or voting of this item

N Gibbs introduced the item and said it had been referred to committee due to the contrary views of Bovingdon Parish Council.

Mrs Hunt spoke in support of the application.

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

Vote

For: 9               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 building hereby permitted shall only be used for non commercial equestrian or agricultural purposes and therefore excludes any residential use.

 

Reason: To safeguard the Green Belt and the residential amenity of the locality in accordance with Policies CS5 and CS12 of the Dacorum Core Strategy and for the avoidance of doubt.

 

3

There shall be no additional floor space formed within or external  alterations to building hereby permitted.

 

Reason: To safeguard the Green Belt and the local environment in accordance with Policies CS5 , CS12 and CS29 of the Dacorum Core Strategy. 

 

4

The building hereby permitted shall be constructed in the specified materials.

 

Reason: In the interests of the visual amenity in accordance with Policies CS5 and CS12 of the Dacorum Core Strategy.

 

5

Prior to the commencement of the development hereby permitted a Phase I Report to assess the actual or potential contamination at the site shall be submitted to and approved in writing by the local planning authority. If actual or potential contamination and/or ground gas risks are identified further investigation shall be carried out and a Phase II report shall be submitted to and approved in writing by the local planning authority prior to the commencement of the development. If the Phase II report establishes that remediation or protection measures are necessary a Remediation Statement shall be submitted to and approved in writing by the Local Planning Authority.

 

For the purposes of this condition:

 

A Phase I Report consists of a desk study, site walkover, conceptual model and a preliminary risk assessment. The desk study comprises a search of available information and historical maps which can be used to identify the likelihood of contamination. A simple walkover survey of the site is conducted to identify pollution linkages not obvious from desk studies. Using the information gathered, a 'conceptual model' of the site is constructed and a preliminary risk assessment is carried out.

 

A Phase II Report consists of an intrusive site investigation and risk assessment. The report should make recommendations for further investigation and assessment where required.

           

A Remediation Statement details actions to be carried out and timescales so that  ...  view the full minutes text for item 9.

10.

4/02588/16/FHA - CONSTRUCTION OF CONSERVATORY - THE OLD FORGE, WESTBROOK HAY, LONDON ROAD, HEMEL HEMPSTEAD, HP1 2RG pdf icon PDF 136 KB

Additional documents:

Minutes:

B Curtain introduced the item and said it had been referred to the committee due to contrary views of Bovingdon Parish Council.

It was proposed by Councillor Whitman and seconded by Councillor Birnie 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 carried out in accordance with the following approved plans/documents:

 

1:1250 OS Extract

1:50 Existing Plans

1:50 Proposed Plans

Design and Access Statement.

 

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

 

Article 35;

 

Planning permission has been granted for this proposal. The Council acted pro-actively through early engagement with the applicant at the pre-application stage 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) (Amendment No. 2) Order 2015.

 

 

11.

4/02694/16/LBC - CONSTRUCTION OF CONSERVATORY - THE OLD FORGE, WESTBROOK HAY, LONDON ROAD, HEMEL HEMPSTEAD, HP1 2RG pdf icon PDF 136 KB

Additional documents:

Minutes:

B Curtain introduced the item and said it had been referred to the committee due to contrary views of Bovingdon Parish Council.

It was proposed by Councillor Birnie and seconded by Councillor Tindall 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 works for which this consent is granted shall be begun before the expiration of three years from the date of this consent.

 

Reason: To comply with section 18 of the Planning (Listed Building and Conservation Areas) Act 1990.

 

2

The windows/doors of the conservatory hereby approved shall be permanently constructed of black painted timber or black powder coated aluminium, and thereafter maintained as such.

 

The southern side elevation of the existing building (brick and flint construction) shall be permanently left exposed and not covered over (plastered) or painted in any way.

 

Reason: To safeguard the character and appearance of the adjacent Listed Buildings in accordance with Policy CS27 of the Core Strategy. .

 

3

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

 

1:1250 OS Extract

1:50 Existing Plans

1:50 Proposed plans

 

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

 

Article 35;

 

Listed building consent has been granted for this proposal. The Council acted pro-actively through early engagement with the applicant at the pre-application stage 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) (Amendment No. 2) Order 2015.

 

 

12.

4/00385/17/ADV - EDGELIT ILLUMINATED FASCIA SIGN AND NON-ILLUMINATED PROJECTING SIGN - 186 HIGH STREET, BERKHAMSTED, HP4 3AP pdf icon PDF 138 KB

Additional documents:

Minutes:

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

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

Vote

For: 9               Against: 0                    Abstained: 2

Resolved:

That planning permission be GRANTED subject to the following conditions:

1. This consent is granted for a period of five years commencing on the date of this notice.

 

Reason: To comply with the provisions of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007.

 

2. No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant permission.

 

Reason: To comply with the provisions of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007.

 

3. No advertisement shall be sited or displayed so as to: -

 

            (a)        endanger persons using any highway, railway, waterway, dock, harbour or aerodrome (civil or military);

            (b)       obscure, or hinder the ready interpretation of, any traffic sign, railway signal or aid to navigation by water or air; or

            (c)        hinder the operation of any device used for the purpose of security or surveillance or for measuring the speed of any vehicle.

 

Reason: To comply with the provisions of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007.

 

4. Any advertisement displayed, and any site used for the display of advertisement, shall be maintained in a condition that does not impair the visual amenity of the site.

 

Reason: To comply with the provisions of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007.

 

5. Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a condition that does not endanger the public.

 

Reason: To comply with the provisions of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007.

 

6. Where an advertisement is required under these Regulations to be removed, the site shall be left in a condition that does not endanger the public or impair visual amenity.

 

Reason: To comply with the provisions of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007.

 

7. The intensity of illumination shall be controlled at the level as illustrated and described on the submitted plans/application form and is to be retained such that it will not cause glare beyond the site boundaries.

 

Reason: In the interest of public safety and visual amenity, in accordance with policies CS11 and CS12 of the Dacorum Core Strategy (2013) and saved policies 56 and 112 of the Dacorum Local Plan (2004).

 

8. The intensity of illumination shall be controlled at a level that is within the limit recommended by the Institution of Lighting Professionals in PLG05 The Brightness of Illuminated Advertisements (2015).

 

Reason: The above is required in the interest of public safety and  ...  view the full minutes text for item 12.

13.

4/00438/17/FHA - PROPOSED FLANK AND REAR EXTENSION - 13 CHAMBERSBURY LANE, HEMEL HEMPSTEAD, HP3 8AY pdf icon PDF 568 KB

Additional documents:

Minutes:

This application was deferred from the agenda prior to the meeting.

 

14.

4/00280/17/ADV - ILLUMINATED PROJECTING SIGN. SUSPENDED PROJECTING NAME SIGN WITH PAINTED STELL FRAME AND INSET CERAMIC TILED PANEL AND PAINTED LOGO - 157-159 HIGH STREET, BERKHAMSTED, HP4 3HB pdf icon PDF 63 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.

Members were concerned that the sign could obstruct the public from locating the police station. Officers said an informative could be added to ensure these discussions take place.

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

Vote

For: 9               Against: 1                    Abstained: 1

Resolved:

That planning permission be GRANTED subject to the following conditions:

1. This consent is granted for a period of five years commencing on the date of this notice.

 

Reason: To comply with the provisions of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007.

 

2. No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant permission.

 

Reason: To comply with the provisions of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007.

 

3. No advertisement shall be sited or displayed so as to: -

 

            (a)        endanger persons using any highway, railway, waterway, dock, harbour or aerodrome (civil or military);

            (b)       obscure, or hinder the ready interpretation of, any traffic sign, railway signal or aid to navigation by water or air; or

            (c)        hinder the operation of any device used for the purpose of security or surveillance or for measuring the speed of any vehicle.

 

Reason: To comply with the provisions of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007.

 

4. Any advertisement displayed, and any site used for the display of advertisement, shall be maintained in a condition that does not impair the visual amenity of the site.

 

Reason: To comply with the provisions of the Town and Country Planning (Control of Advertisements) Regulations (England) 2007.

 

5. Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a condition that does not endanger the public.

 

Reason: To comply with the provisions of the Town and Country Planning (Control of Advertisements) Regulations (England) 2007.

 

6. Where an advertisement is required under these Regulations to be removed, the site shall be left in a condition that does not endanger the public or impair visual amenity.

 

Reason: To comply with the provisions of the Town and Country Planning (Control of Advertisements)  Regulations (England) 2007.

 

7. The intensity of illumination shall be controlled at the level as illustrated and described on the submitted plans/ application form and is to be retained such that it will not cause glare beyond the site boundaries.

 

Reason: In the interest of public safety and visual amenity, in accordance with policies CS11 and CS12 of the Dacorum Core Strategy (2013) and saved policies 56 and 112 of the Dacorum Local Plan (2004).

 

8. The development hereby approved shall not be carried out other than in accordance with the following  ...  view the full minutes text for item 14.

15.

Appeals Update pdf icon PDF 65 KB

Minutes:

The following appeals were noted:

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

 

16.

Planning Code of Practice pdf icon PDF 59 KB

Additional documents:

Minutes:

C Gaunt introduced the report and said a pr3evious draft had come to this committee last year. This planning code of conduct was a revised version, taking into account members comments and suggestions. The code of conduct hasn’t been updated for a while and this brings it into line with new legislation.
C Gaunt said he was happy to take any further comments and the recommendation was to refer this report to Council.

Councillor Birnie said he thought officers had done a good job and taken on board suggestions.

Councillor C Wyatt-Lowe agreed with his comments and said she thought the code follows the spirit in which this committee is conducted. The changes and rewording of certain paragraphs has been useful.

Members welcomed the revised draft code and recommended that it be referred to Council for adoption.