Agenda and minutes

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

The minutes of the meeting held on 16 August 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=1728

To receive any apologies for absence

Apologies of absence were received from Councillor Matthews and Councillor Tindall.

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 Guest 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 Guest reminded the members and the public about the rules regarding public participation.

R Marber introduced the item to members and said it had been referred to the committee as it was a DBC owned scheme. It was brought to members attention that the officer had received late representations from local residents and the Lead Local Flood Authority.

Rob Wakely and Pamela Stonebrook spoke in objection to the application.

Nigel Abbott spoke in support of the application.

In his role as ward councillor, Councillor David Collins spoke in support of the application.

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

Vote

For: 6               Against: 1                    Abstained: 2

Resolved:

That planning permission be GRANTED subject to the following conditions:

Councillor Riddick declared an interest in the application. He would be speaking in objection so took no part in the debate or voting of this item.

M Stickley introduced the item to members and said it had been referred to the committee due to the contrary views of Bovingdon Parish Council.

Caroline Armstrong spoke in objection to the application.

In his role as ward councillor, Councillor Riddick 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 Birnie and seconded by Councillor Bateman to overturn the officer’s recommendation and refuse the application.

Vote

For: 5               Against: 0                    Abstained: 3

Resolved:

That planning permission be REFUSED due to the following reasons:

1. The siting of the unobscured first-floor bedroom window on the north-eastern elevation would result in an unreasonable level of overlooking and loss of privacy to the adjacent neighbour (Ivydene) to the detriment of their residential amenity, contrary to the aims of Policy CS12(c ) of the Dacorum Borough Core Strategy 2006-2031. It is considered that this unacceptable impact could not be mitigated by the use of obscure glazing, as this would result in the loss of an outlook for the occupants using this habitable room. This would result in unacceptably low levels of residential amenity.

2. The existing access arrangement was designed and built for a single dwelling. It has an entry and exit arrangement that enables vehicles to enter and leave the site in forward gear. The applicant has failed to show that there is sufficient manoeuvring space for anything other than a small vehicle to safely and conveniently enter and exit the site. This is likely to result in vehicles reversing on to Hempstead Road. The proposal would therefore conflict with Policy CS12(a) of the Dacorum Borough Core Strategy 2006-2031, leading to an unacceptable level of highway danger.

E Palmer introduced the item to members and said it had been referred to the committee due to the contrary views of Berkhamsted Town Council. If the committee was minded to grant the application then there would be some amendments to conditions 3, 4 and 7.

Edward Murray and Chris Reid spoke in objection to the application.

Town Councillor Anthony Armytage 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: 2               Against: 6                    Abstained: 1

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

Vote

For: 6               Against: 0                    Abstained: 3

Resolved:

That planning permission be REFUSED due to the following reasons:

1. By reason of the siting of the proposed new dwelling the degree of separation between it and the existing dwellings at No.40 Trevelyan Way and No. 1 Gaveston Drive would be out of character with the existing open and spacious character of development in the area and would therefore be contrary to CS 11 and CS12 of the Dacorum Core Strategy 2013.
   
   
2. By reason of the size of the site and the dwelling, particularly the lack of sufficient outdoor amenity space, the proosal would result in overdevelopment of the site and would be contrary to CS11 and 12.

3. The depth of the amenity space provided for the proposed 3 bedroom dwelling is less than the minimum required of 11.5 metres and would therefore be contrary to Saved Local Plan Appendix 3.  The proposed development would, therefore, provide insufficient usable outdoor amenity space for the occupants of the proposed dwelling.  The lack of separation could also lead to overlooking of the dwelling and private garden area dwellings at No.40 Trevelyan Way to the detriment of the amenity of residents of that property.  The loss of vegetation which could take place as a result of the construction of the proposal could result in the adverse impact of the loss of amenity for both the adjacent neighbours to the site being further exacerbated and would therefore be contrary to CS 12.

R Marber introduced the item to members and said it had been referred to the committee due to the contrary views of Markyate 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: 8               Against: 0                    Abstained: 1

Resolved:

That planning permission be GRANTED subject to the following conditions:

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

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

Vote

For: 8               Against: 0                    Abstained: 1

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:

HDHH-506-P01

HDHH-507-P01

HDHH-508-P01

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

This item was withdrawn from the agenda prior to the meeting.

That the following appeals be noted:

1. Lodged
2. Forthcoming inquiries
3. Allowed