Agenda and minutes

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

The minutes of the meeting held on 26 July 2018 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=1727

To receive any apologies for absence

Apologies of absence were received from Councillor Guest. Councillor C Wyatt-Lowe chaired the meeting in the absence of Councillor Guest.

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.

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

An opportunity for members of the public to make statements or ask questions in accordance with the rules as to public participation.

You need to inform the council in advance if you wish to speak by contacting Member Support on Tel: 01442 228209 or by email: Member.support@dacorum.gov.uk

The Development Management Committee will finish at 10.30pm and any unheard applications will be deferred to the next meeting.

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.

Please note: If an application is recommended for approval, only objectors can invoke public speaking and then supporters will have the right to reply. Applicants can only invoke speaking rights where the application recommended for refusal.

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

J Seed introduced the item to members and said it had been referred to the committee due to a councillor call-in.

Anne Box, Brian Daniel and Duncan Toole spoke in objection to the application.

James McConnell spoke in support of the application.

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

Vote

For: 5               Against: 4                    Abstained:2

Resolved

That the application be DELEGATED to the Group Manager with a view to approve, subject to the signing of the relevant Section 106 Agreement.

N Gibbs introduced the item to members and said it had been referred to the committee due to the contrary views of Bovingdon Parish Council and subject to a councillor call-in.

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

Vote

For: 3               Against: 6                    Abstained: 2

Having there been no majority to grant the application in line with the officer’s recommendation, it was proposed by Councillor Matthews and seconded by Councillor Tindall to defer the application.

Vote

For: 3               Against: 6                    Abstained: 2

Having there been no majority to defer the application, it was proposed by Councillor Riddick and seconded by Councillor Whitman to refuse the application.

Vote

For: 5               Against: 3                    Abstained: 3

Resolved

That planning permission be REFUSED due to the following reasons:

The proposal would introduce a second tier of housing behind the Chesham Road frontage. This backland scheme would detract from the established character of the area, being detrimental to the residential amenity of residents of the existing nearby housing by reason of overlooking and overbearing visual impact and establishing a cramped overdevelopment with the site dominated by car parking, contrary to Policies CS11 (Quality of Neighbourhood Design) and CS12 (Quality of Design) of the Dacorum Core Strategy.

Article 35 Statement

Planning permission has been refused for this proposal for the clear reasons set out in this decision notice. The Council acted pro-actively through positive engagement with the applicant in an attempt to narrow down the reasons for refusal but fundamental objections could not be overcome. 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.

Councillor Matthews declared an interest in this application. He was speaking on behalf of the residents so took no part in the discussion or voting on this item.

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

In his role as ward councillor, Councillor Matthews spoke in objection to the application.

Having there been no proposer to grant the application in line with the officer’s recommendation, it was proposed by Councillor Tindall and seconded by Councillor Bateman to overturn the officer’s recommendation and refuse the application.

Vote

For: 9               Against: 0                    Abstained: 1

Resolved

That planning permission be REFUSED for the following reasons:

The boundary wall and fence by virtue of its height and position, appears overbearing when viewed from neighbouring properties and in context of the street. The wall and fence is out of keeping with the character of the streetscene and therefore fails policy CS12 (Parts c, f and g) and the SPD Character Area Assessment (BCA16 Durrants)

J Gardner introduced the item to members and said it had bene referred to committee due to the contrary views of Kings Langley Parish Council.

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

Vote

For: 6               Against: 5        Abstained: 0

Resolved

That planning permission be GRANTED subject to the following conditions:

R Marber introduced the report and said it had been referred to the committee due to the contrary views of Bovingdon Parish Council.

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

Vote

For: 6               Against: 3                    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) 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 approved plans/documents:

Application Form

0912-0517-23 Rev D

0912-0517-01 Rev C

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

Informative

1. Obstruction of public highway land: It is an offence under section 137  ...  view the full minutes text for item 70.

R Marber introduced the report to members and said it had been referred to the committee as the applicant was a member of DBC staff.

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

Vote

For: 7               Against: 0                    Abstained: 4

Resolved

That planning permission be GRANTED subject to the following conditions:

That the following appeals were noted:

1.    Lodged

2.    Forthcoming inquiries

3.    Forthcoming hearings

4.    Dismissed