Agenda and minutes

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

The minutes of the meeting held on 31 January 2019 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=1735

To receive any apologies for absence

Apologies of absence were received from Councillor Maddern and Councillor Whitman.

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.

5b - 4/01812/18/FUL RETENTION OF AN OAK FRAMED BARN TO

REPLACE EXISTING BUILDING

LONG LANE FARM, LONG LANE, BOVINGDON, HEMEL HEMPSTEAD, HP3 0NE

Nigel Gibbs introduced the report to members and said it had been referred to committee becauseof the recommendation is contrary to the response of

Bovingdon Parish Council.

It was proposed by Councillor W Wyatt-Lowe and seconded by Councillor Mills to GRANT the application.

Vote

For: 8               Against: 0                    Abstained: 2

Resolved: That planning permission be GRANTED subject to the following conditions:

5c - 4/03026/18/MFA DEVELOPMENT OF SITE TO PROVIDE 84

DWELLINGS WITH ACCESS FROM SHOOTERSWAY (VIA PHASE 1) AND PROVISION

OF AMENITY SPACE, LANDSCAPING AND OTHER ASSOCIATED WORKS INCLUDING

DRAINAGE INFRASTRUCTURE

LAND AT JUNCTION OF DURRANTS LANE &, SHOOTERSWAY, BERKHAMSTED

Roberts Freeman introduced the report to members and said it had been referred to committee in light of the recommendations of both Berkhamsted Town Council and Northchurch Parish Council.

Mr Bainbridge spoke in support of the application.

Parish Councillor Beryl Edwards, Ward Councillor Anthony Armytage, Louise Winnmill, Christopher Murphy and Ian Reay spoke in objection of the application.

Having there been no proposer to grant the application It was proposed by Councillor C Wyatt-Lowe and seconded by Councillor Matthews to DEFER the application.

Vote

For: 8               Against: 1                    Abstained: 1

Resolved: That planning permission be DEFERRED:

In order for the applicants and the case officer to;

a)    consider an alternative means of access to the site via Durrants Lane in consultation with Hertfordshire County Council as highway authority.

b)    Consider the re-design of traffic calming measures along the currently proposed access.

c)    provide additional information regards the management of the existing woodland

d)    to clarify the position in relation to education provision within the locality

e)    provide additional time for discussions between the applicant and the County Council in respect of the land originally marked for housing in the Masterplan.

5d - 4/02469/18/FUL DEMOLITION OF TWO AGRICULTURAL BARNS;

REPLACEMENT WITH SINGLE DWELLING AND REINSTATEMENT OF HISTORIC

ORCHARD

BARNS AT CHAPEL END LANE, WILSTONE, TRING, HP23 4NY

Martin Stickley introduced the report to members and said it had been referred to committee because it had been called in by Councillor Olive Conway.

Councillor Olive Conway moved to the Public Gallery and took no part in the discussion or vote.

Ward Councillor Oliver Conway, Ward Councillor Mike Hicks, David Bullock and John Todd spoke in objection of the application.

Joshua Mears-Smith spoke in support of the application.

It was proposed by Councillor Mills and seconded by Councillor Fisher to GRANT the application.

Vote

For: 6               Against: 1                    Abstained: 2

Resolved: That planning permission be GRANTED subject to the following conditions:

5e - 4/02993/18/FUL CHANGE OF USE AND CONVERSION OF EXISTING

GROUND FLOOR FROM VETERINARY PRACTICE INTO A TWO-BEDROOM FLAT.

ROOF EXTENSION AT FIRST FLOOR TO INCREASE SIZE OF EXISTING FIRST FLOOR

FLAT TO A LARGER TWO-BEDROOM FLAT. CONSTRUCTION OF TWO NEW-BUILD

TWO-BEDROOM APARTMENTS TO THE REAR FACING ST.JOHNS WELL LANE.

PROVISION OF CAR PARKING FOR FIVE VEHICLES, FIVE-BAY CYCLE STORE AND

WASTE REFUSE STORE.

320A HIGH STREET, BERKHAMSTED, HP4 1HT

Rachel Marber introduced the report to members and said it had been referred to committee because of contrary views of Berkhamsted Town Council.

Town Councillor Anthony Armytage, James Jolliffe and Johnathon Marsh spoke in objection of the application.

Dean Goodman spoke in support of the application.

Having there been no proposer to grant the application, it was proposed by Councillor Matthews and seconded by Councillor Ritchie 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:

1.)   The proposed development, by reason of its layout, site coverage, height, bulk and insufficient amenity provision would result in overdevelopment of the site which would fail to integrate with the streetscape and cause harm to the character appearance of the area. As such the proposed development would be contrary to para.127 of the National Planning Policy Framework (2019) and Policy CS12 of the Core Strategy (2013).

2.)   S72 (1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires special attention to be paid to the desirability of preserving or enhancing the character or appearance of the conservation area. The poor design of the two contemporary dwellings would failure to preserve or enhance the character and appearance of the Berkhamsted conservation area and adjacent locally listed buildings. The development would therefore be contrary to the requirement of section 72 (1) of the LBA, Paras 189-202 of National Planning Policy Framework (2019), Policy CS27 of the Core Strategy and Saved Policy 120 of the Local Plan (2004).

3.)   By virtue of the extended built form across the site boundary with No.320 High Street the proposed development would create a sense of enclosure and result in significant loss of outlook to these neighbouring residents. The proposal would therefore fail secure good standards of amenity for existing occupiers of land and buildings. The development is, therefore, contrary to para 127 of the National Planning Policy Framework (2019), Saved Appendix 3 of the Dacorum Local Plan (2004) and Policy CS12 of the Core Strategy (2013).

4.)   The proposal would result in a change of use of the site from the existing veterinary practice. This would result in the loss of an important piece of social infrastructure which provides a valuable service to the local community and contributes to the vitality and vibrancy of Berkhamsted Town Centre, contrary to Paras. 8 and 92 of the NPPF2 (2019) and Policy CS23 of the Core Strategy (2013).

5f - 4/03226/18/FUL DEMOLITION OF EXISTING RESIDENTIAL

DWELLING AND CONSTRUCTION OF 4 X 2-BED FLATS AND ANCILLARY WORKS

LAVENDER COTTAGE, REDBOURN ROAD, HEMEL HEMPSTEAD, HP2 7BA

Rachel Marber introduced the report to members stating that Officer’s recommendations were to REFUSE the application and said it had been referred to committee because it was called in by Cllr Bhinder on grounds of overdevelopment.

Bob Harrington spoke in support of the application

It was proposed by Councillor Fisher and seconded by Councillor Tindall to REFUSE the application in line with Officers recommendation.

Vote

For: 7               Against: 0        Abstained: 3

Resolved: That planning permission be REFUSED for the following reasons:

By virtue of the side access and rear parking arrangements of the proposed development future occupiers of the application site and neighbouring residents at Little Orchard would experience unacceptable living conditions in terms of noise and disturbance from vehicular comings and goings. The proposal would therefore conflict with Saved Appendix 3 of the Local Plan (2004) and Policy CS12 of the Core Strategy, which collectively seek, amongst other things, to ensure that new development respects adjoining properties and that the impact of noise is minimised by careful attention to layout. The scheme would also conflict with Paragraph 127 of the National Planning Policy Framework (2018) which seeks, amongst other things, to ensure that development provides a high standard of amenity for existing users.

5g - 4/00031/19/FUL DEMOLITION OF EXISTING FIVE GARAGES AND

CONSTRUCTION OF 2 TWO BED DWELLINGS WITH OFF STREET PARKING AND

SHARED FRONT GARDEN (AMENDED SCHEME)

GARAGES ADJACENT, 8 CUPID GREEN LANE, HEMEL HEMPSTEAD, HP2 7HH

Robert Freeman introduced the report to members and said that the application has been referred to committee in view of their previous decision to refuse planning permission for residential use of the site and given the Council's ongoing interest as a former landowner.

David Eaton spoke in objection of the application.

Richard Winfield, Ransford Stewart and Phil Rogers spoke in support of the application.

It was proposed by Councillor Matthews and seconded by Councillor Ritchie to GRANT the application.

Vote

For: 8               Against: 0                    Abstained: 2

Resolved: That planning permission be GRANTED subject to the following conditions:

5h - 4/01863/18/FUL DEMOLITION OF EXISTING GARAGE AND

CONSTRUCTION OF TWO STOREY EXTENSION AS A SEPARATE DWELLING.

1 AUSTINS MEAD, BOVINGDON, HEMEL HEMPSTEAD, HP3 0JX

Deferred to the next meeting.

APPEALS UPDATE

That the following appeals were noted:

A.    LODGED

E. DISMISSED