Agenda and minutes

Development Management
Thursday, 29th November, 2018 7.00 pm

Venue: Council Chamber, The Forum. View directions

Contact: Corporate and Democratic Support  01442 228209

Items
No. Item

126.

Minutes

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

Minutes:

The minutes of the meeting held on 8 November 2018 were not signed by the Chair as members had not had a chance to read them. The Chair asked for the minutes to be sent to members for them to agree and be signed at a later date.

 

 

127.

Apologies for absence

To receive any apologies for absence

Minutes:

Apologies of absence were received from Councillor Conway, Birnie, Bateman, Whitman.

 

On behalf of the committee, Councillor Guest wished Councillors Conway and Whitman a speedy recovery.

 

128.

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

 

129.

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

5pm the day before the meeting.

 

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.

 

Minutes:

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

 

130.

4/01278/18/FUL - CHANGE OF USE OF UNIT 1 (CLASS D1 SURGERY/HEALTH CENTRE USE) TO CLASS A1 CONVENIENCE FOODSTORE, TOGETHER WITH CHANGE OF USE OF UNIT 2 (CLASS A1/A2/A3/A4 AND B1) TO THREE RESIDENTIAL UNITS (ONE 1-BED AND TWO 2-BED FLATS), TOGETHER WITH ASSOCIATED EXTERNAL ALTERATIONS, LANDSCAPING, AMENDMENT TO RICHMOND SQUARE AND PROVISION OF PARKING - UNITS 1 AND 2, RICHMOND SQUARE, HICKS ROAD, MARKYATE, AL3 8FL pdf icon PDF 508 KB

Additional documents:

Minutes:

J Gardner introduced the item and said it had been referred to committee due to the contrary views of Markyate Parish Council. There had been further late representations with 79 objection letters being submitted and a letter from JMS Planning that was distributed to members via email.

Councillor Tindall questioned whether an articulated lorry would be able to revserse around the corner safely.

S Whelan said that the delivery management plan that has been submitted states that only 10.5 metre lorries will be used for deliveries. This can be enforced.

Councillor Tindall said he would be happy if this was conditioned.

Jay Chandra, Julian Sutton and Serena Eccleston spoke in objection to the application.

Parish Councillor Sheila Pilkington spoke in objection to the application.

Jim Tarzey and Kelly Edwards spoke in support of the application.

It was proposed by Councillor Tindall and seconded by Councillor Ritchie to grant the application in line with the officer’s recommendation with the additional condition for the delivery management plan.

Vote

For: 2               Against: 1                    Abstained: 4

Resolved

That planning permission be DELEGATED with a view to approval, 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:

 

102/1675/105     rev. C

PL/1675/002      rev. H

1675/001           Rev E

 

Drawing no. 09

Drawing no. 11

 

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 alterations 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/

4

The residential units hereby approved shall not be occupied until a scheme providing for the insulation of the building against the transmission of noise and vibration between both the residential and any non-residential part of the building has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be carried out prior to first occupation of the new residential units and retained thereafter.

 

Reason: To ensure that adequate precautions are implemented to avoid noise nuisance, in accordance with Policy CS12 of the Dacorum Core Strategy (2013) and paragraph 127 (f) of the NPPF (2018)

 

5

Development shall not commence until a scheme detailing provision for on-site parking for construction workers for the duration of the construction period has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented throughout the construction period.

 

Reason: To ensure adequate off-street parking during construction in the interests of highway safety.

6

The landscaping works shown on 1202/1675/105 rev.  ...  view the full minutes text for item 130.

131.

4/01941/18/OUT - CONSTRUCTION OF UP TO 3 NEW HOUSES, TWO NEW VEHICULAR ACCESSES AND WIDENING OF EXISTING VEHICULAR ACCESS. ALTERATIONS TO EXISTING HOUSE - SHOTHANGER, SHEETHANGER LANE, FELDEN, HEMEL HEMPSTEAD, HP3 0BG pdf icon PDF 286 KB

Additional documents:

Minutes:

Councillor Riddick declared a personal interest as he had called in the application. This did not affect his right to speak and vote on this item.

S Robbins introduced this item to members and said it had been referred to committee as it had been called in by Councillor Riddick. A late representation had been submitted and was distributed to members.

Anne Werbicki spoke in objection to the application.

Paul Smith spoke in support of the application.

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

Vote

For: 5              Against: 0                    Abstained: 2

Resolved

That planning permission be GRANTED subject to the following conditions:

1

Approval of the details of the siting, design and external appearance of the dwellings hereby approved and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the local planning authority in writing before any development is commenced.

 

Reason: To comply with the provisions of Section 92 (2) of the Town and Country Planning Act 1990.

2

Application for approval of the reserved matters shall be made to the local planning authority before the expiration of three years from the date of this permission.

 

Reason: To comply with the provisions of Section 92 (2) of the Town and Country Planning Act 1990.

3

The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of the approval of the last of the reserved matters to be approved.

 

Reason:  To prevent the accumulation of planning permission; to enable the Council to review the suitability of the development in the light of altered circumstances and to comply with the provisions of Section 92 (2) of the Town and Country Planning Act 1990.

4

No development shall take place until a Construction Management Plan has been submitted to and approved in writing by the local planning authority. The plan should consider all phases of the development. The construction of the development shall only be carried out in accordance with the approved Construction Management Plan, which shall include details of:

 

a) Construction vehicle numbers, type, routing

b) Traffic management requirements

c) Construction and storage compounds (including areas designated for car parking)

d) Siting and details of wheel washing facilities

e) Cleaning of site entrances, site tracks and the adjacent public highway

f) Timing of construction activities to avoid school pick up/drop off times

g) Provision of sufficient on-site parking prior to commencement of construction activities

h) Post construction restoration/reinstatement of the working areas and temporary access to the public highway

i) Construction or demolition hours of operation

j) Dust and noise control measure

k) Asbestos control measure where applicable

 

Reason: In order to protect highway safety and the amenity of other users of the public highway and rights of way, in accordance with Core Strategy (2013) Policy CS8.

5

No development shall  ...  view the full minutes text for item 131.

132.

4/02075/18/FHA - DEMOLITION OF CONSERVATORY AND CONSTRUCTION OF A REAR EXTENSION AND A SIDE EXTENSION OVER GARAGE AND COMPLETE CHANGE OF ROOF TILES - 3 OAKWOOD, BERKHAMSTED, HP4 3NQ pdf icon PDF 608 KB

Additional documents:

Minutes:

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

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

Vote

For: 5              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

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 and to comply with CS 12.

3

The tall window at first floor level in the north side elevation of the extension hereby  permitted shall be non opening and shall be permanently fitted with obscured glass below 1.7 metres from the finished floor level.

 

Reason:  In the interests of the amenity of adjoining residents namely to avoid any overlooking towards No. 2 Oakwood and to comply with CS 12.

4

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

 

SITE LOCATION PLAN

PROPOSED BLOCK PLAN

Existing Ground Floor PLAN GEB5 /02.A

Existing First Floor PLAN GEB5 /03.A

Existing Elevations PLAN GEB5 /04.A

Existing Side Elevations PLAN GEB5 /05

Proposed Ground Floor PLAN GEB5 /06.A

Proposed First Floor PLAN GEB5 /07.A

Proposed Elevations PLAN GEB5 /08.A

Proposed Side ElevationsPLAN GEB5 /09

3D Sketch Visual PLAN GEB5 /10

Area of development PLAN GEB5 /11.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. 

 

Informatives:

 

Ecology

 

If bats or evidence for them is discovered during the course of any works, work must stop immediately and advice sought on how to proceed lawfully from an appropriately qualified and experienced Ecologist or Natural England.

 

Contaminated Land

 

1). Construction Hours of Working – (Plant & Machinery) Informative

In accordance with the councils adopted criteria, all noisy works associated with site demolition, site preparation and construction works shall be limited to the following hours: 0730hrs to 1830hrs on Monday to Saturdays, no works are permitted at any time on Sundays or bank holidays.

 

2). Construction Dust Informative

Dust from operations on the site should be minimised by spraying with water or by carrying out of other such works that may be necessary to suppress dust. Visual monitoring of dust is to be carried  ...  view the full minutes text for item 132.

133.

4/02509/18/FHA - SINGLE STOREY REAR EXTENSION, FIRST FLOOR FRONT EXTENSION, ALTERATIONS TO ROOF TO FORM ROOM IN THE ROOF AND REAR DORMER - 14 CEDAR WALK, HEMEL HEMPSTEAD, HP3 9EB pdf icon PDF 739 KB

Additional documents:

Minutes:

S Robbins introduced the item to members and said it had been referred to the committee as the applicant was a member of staff.

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

Vote

For: 6              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:

 

65B 2018 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. 

 

 

134.

Appeals update pdf icon PDF 63 KB

Minutes:

The following appeals were noted:

  1. Lodged
  2. Withdrawn
  3. Dismissed