Agenda and draft minutes

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

The minutes of the meeting held on 6^th Oct and 20^th Oct 2022 were confirmed by the Members present.

Hard-copy minutes were signed by the Chair

To receive any apologies for absence

Apologies received from the Councillor Durrant, Tindall, Wyatt-Lowe, Hobson and McDowell. Councillor Anderson substituted on behalf of Councillor Durrant.

Councillor Guest sent her well wishes to Councillor Wyatt-Lowe for a speedy recovery.

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 advised that members of public have registered to speak at this meeting and reminded any members of the public viewing the meeting about the rules of doing so.

5.

The order of applications were changed to allow for anyone wanting to speak on an application to be heard. Items were heard in the following order.

Item 6

5a

5b

5e

5c

5d

5f

7

Councillor Riddick left the meeting after item 5c.

The Case Officer, Martin Stickley, introduced the report to Members and said that the application had been referred to the Committee as it’s a major planning application with requirement for a legal agreement.

Martin informed the committee of the following late items.

•       Response from Drainage Consultant:

We would recommend a stance of No Objection based on the additional information provided because the applicant has demonstrated, in accordance with the LLFA’s initial comments, that a more significant storm event can be accommodated on site with localised and contained surface water flooding to the dock/loading bay area. However, we have recommended a condition on a minor point of demonstrating that the 9m3 flooding can be contained within the car parking area. Applicant appears to have made best use of existing land and topography for attenuation measures despite the operational impacts of periodic flooding of the dock/loading bay to make sure that greenfield discharge remains achievable.

•       Additional Drainage Condition

•        

20. Prior to work proceeding above slab level (must be discharged before works proceed above ground level at which slabs would be placed), a flood map shall be provided to the local planning authority confirming that all surface water (for the 1 in 200 year +40% climate change storm event and 1 in 1000 year +40% climate change storm event) can be contained on site, including areas within the main car parking area. The Applicant will need to demonstrate that any flooding within the car parking area cannot flow from the development.

The development shall be carried out in accordance with the approved details.

Reason: To ensure that the site can adequately mitigate the risk of flooding in accordance with Policies CS31 and CS32 of the Dacorum Borough Core Strategy (2013) and Paragraph 169 of the National Planning Policy Framework (2021).

•       Additional Retail Condition

19. Notwithstanding the details submitted, the retail unit hereby approved shall trade as a single retail unit and shall not be subdivided into separate smaller units.

Reason:  To limit the impact of the development on the vitality and viability of Hemel Hempstead town centre, and other centres nearby, in accordance with Policy CS16 of the Dacorum Core Strategy 2013 and for the avoidance of doubt.

•       Update to Sustainability Condition

14. The development hereby permitted shall be carried out in accordance with the submitted and approved Energy Usage and Sustainability Statement (Issue 3, dated 5^th November 2022). The passive and active design strategies, as summarised in Section 14, shall be provided, in addition to the Alternative Low or Zero Carbon technologies.

Reason:  To ensure the sustainable development of the site in accordance with the aims of Policies CS28 and CS29 of the Dacorum Borough Core Strategy (2013), the  ...  view the full minutes text for item 4a

Councillor Anderson declared an interest in the item as he was speaking in objection as Ward Councillor to the item; he took no part in the debate or the voting.

The Case Officer, Robert Freeman, introduced the report to Members and said that the application had been referred to the Committee as it was called in by Councillor Anderson.

Parish Councillor Alan Johnson and Ward Councillor Alan Anderson spoke in objection to the application.

James Hodgkinson spoke in support of the application.

It was proposed by Councillor Stevens and seconded by Councillor Hollinghurst to GRANT the application.

Vote:

For:      2          Against: 3                    Abstained: 3

Having there been no majority to grant the application, It was proposed by Councillor Maddern and seconded by Councillor Williams to overturn the officer’s recommendation and REFUSE the application.

Vote:

For: 4               Against: 2                    Abstained: 2

Resolved: That planning permission be REFUSED.

“The proposed development would comprise inappropriate development within the Green Belt and would result in harm to the open character and appearance thereto. This harm is not clearly outweighed by the economic and social benefits put forward as very special circumstances in this case. The applicants have not adequately demonstrated that there are not alternative locations for the development outside of the Green Belt. For these reasons the proposals would be contrary to paragraphs 149 and 150 of the National Planning Policy Framework and Policy CS5 of the Core Strategy”

Councillor Riddick declared an interest in item 5c as the application was called in by himself.He took no part in the debate or voting.

The Case Officer, Martin Stickley, introduced the report to Members and said that the application had been referred to the Committee as it was called -In by Councillor Riddick.

Martin informed the committee of the below items.

•       Update to wording in paragraphs 4.7, 9.31 and 9.22

4.7 The use of hedging and landscaping to separate the existing/proposed plots, to mask the fencing.

9.31 The concerns over the subdivision of the site have been addressed by masking the proposed fencing and providing hedgerows, which, over time would provide a suitable boundary between the existing and proposed plots.

9.22 The proposed above-ground floorspace has reduced considerably (some 86sq.m) as a result of design evolution and submergence of more of the ground floor level.

It was proposed by Councillor Maddern and seconded by Councillor Beauchamp to DELEGATED with a view to APPROVAL in line with officers recommendations.

Vote:

For:      5          Against: 1                    Abstained: 2

Resolved: That planning permission be DELEGATED with a view to APPROVAL.

That planning permission be DELEGATED with a view to APPROVAL subject to appropriate assessment in accordance with article 6(3) of the Habitats Directive and securing a mitigation package to avoid any further significant effects on the Chilterns Beechwood Special Area of Conservation (SAC) through financial contributions secured by legal agreement.

Condition(s) and Reason(s):

 1.        The development hereby permitted shall begin 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:

            PL-001 P2 - Site Locaiton Plan

            PL-003 P3 - Proposed Site Plan

            PL-004 P2 - Proposed Ground Floor Plan

            PL-005 P1 - Proposed First Floor Plan

            PL-006 P1 - Proposed North and East Elevations

            PL-007 P1 - Proposed South and West Elevations

            PL-008 P1 - Proposed North Elevation Long

            PL-009 P1 - North and East Elevation (Brick Wall)

            PL-010 P1 - West Elevation (Brick Wall)

            SK02 P2 - Proposed Hard Surfaces

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

 3.        The development hereby permitted shall be constructed in accordance with the materials specified on the application form.

            Reason:  To make sure that the appearance of the building is suitable and that it contributes to the character of the area in accordance with Policies CS11 and CS12 of the Dacorum Borough Core Strategy (2013).

 4.        Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (or any Order amending or re-enacting that Order with or without modification) no development falling within the following classes of the Order shall be carried out without the prior written approval of the  ...  view the full minutes text for item 4c

The Case Officer Sally Robins, introduced the report to Members and said that the application had been referred to the Committee Dacorum Borough Council is the applicant.

It was proposed by Councillor Maddern and seconded by Councillor Anderson to DELEGATED with a view to APPROVAL in line with officers recommendations.

Vote:

For:      7          Against: 0                    Abstained: 1

Resolved: That planning permission be DELEGATED with a view to APPROVAL.

That the application be DELEGATED with a view to APPROVAL subject to appropriate assessment in accordance with article 6(3) of the Habitats Directive and securing a mitigation package to avoid any further significant effects on the Chilterns Beechwood Special Area of Conservation (SAC) through financial contributions secured by legal agreement.

Condition(s) and Reason(s):

 1.        The development hereby permitted shall begin before the 6th April 2024.           

            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 the final design of the drainage scheme is completed and sent to the LPA for approval. The surface water drainage system will be based on the submitted Flood Risk Assessment and Drainage Strategy reference M03001-04_DG04 dated December 2020 prepared by McCloy Consulting. The scheme shall also include:

            1. Limiting the surface water run-off rates to a maximum of 2l/s for all rainfall events up to and including the 1 in 100 year + climate change event with discharge into the Thames surface Water sewer.

            2. Provide attenuation to ensure no increase in surface water run-off volumes for all rainfall events up to and including the 1 in 100 year + climate change event.

            3. Implement drainage strategy to include permeable paving and attenuation tank.

            4. Detailed engineered drawings of the proposed SuDS features including their location, size, volume, depth and any inlet and outlet features including any connecting pipe runs and all corresponding calculations/modelling to ensure the scheme caters for all rainfall events up to and including the 1 in 100 year + 40% allowance for climate change event, with a supporting contributing area plan.

            5. Demonstrate appropriate SuDS management and treatment for the entire site including the access road. To include exploration of source control measures and to include above ground features such as permeable paving.

            6. Maintenance and management plan for the SuDS features

            Reason: To prevent flooding by ensuring the satisfactory storage of and disposal of surface water from the site in accordance with Policy CS31 of the Dacorum Borough Core Strategy (2013) and Paragraphs 167 and 169 of the National Planning Policy Framework (2021).

 3.        (a) The development hereby approved shall be carried out in accordance with the Site Investigation (Phase II environmental risk assessment) report approved under application ref. 22/00785/DRC.  

            (b) The development hereby approved shall be carried out in accordance with the Remediation Method Statement report approved under application ref. 22/03054/DRC.

            (c) This site shall not be occupied, or  ...  view the full minutes text for item 4d

Councillor Douris declared an interest, as he is a County Councillorwithin whose division the application lay. He confirmed that he has not been in any discussion regarding the application and has come to the meeting with an open mind.

The Case Officer, Briony Curtain presented the report on behalf of Jane Miller, and said that the application had been referred to the Committee due to contrary views of Markyate Parish Council.

Markyate Parish Councillor Selma Hakki spoke in support of the application.

Resolved: That the planning application be DEFEREEDuntil the next meeting.

It was agreed by the committee to differ the application to the next meeting due to miss communication between Member Support and the applicant. Due to staff annual leave, the applicant was not informed that he was able to speak in support of the application as an objector had registered to speak.

The Case Officer, Briony Curtain presented the report on behalf of Nicole Quinn, and said that the application had been referred to the committee, as the applicant is a DBC employee.

Briony informed the committee of the added amendment in the addendum.

Additional condition:

The proposal includes a new first floor side facing ensuite bathroom window. To ensure no harm to the residential amenities of No. 19 is it recommended that following condition be included should permission be granted.

The new window at first floor level hereby permitted shall be non-opening and permanently fitted with obscured glass of at least Pilkington level 3 and shall be non-opening (unless the part of the window that opens is above 1.7m from the floor level of the room the window serves).

Reason: In the interests of the residential amenities of the occupants of the adjacent dwellings in accordance with Policy CS12 (c) of the Dacorum Borough Council Core Strategy (2013) and Paragraph 130 (f) of the National Planning Policy Framework (2021).

It was proposed by Councillor Beauchamp and seconded by Maddern Councillorto GRANT the application.

Vote:

For:      7          Against:           0          Abstained: 1

Resolved: That planning permission be GRANTED.

That planning permission be GRANTED subject to conditions. 

Condition(s) and Reason(s):

 1.        The development hereby permitted shall begin 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:

            Drg No. wren naj 057b 2022

            Site Location Plan

            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 surfaces of the development hereby permitted shall match the existing building in terms of size, colour and texture.

            Reason:  To make sure that the appearance of the building is suitable and that it contributes to the character of the area in accordance with Policies CS11 and CS12 of the Dacorum Borough Core Strategy (2013).

1.    The new window at first floor level hereby permitted shall be non-opening and permanently fitted with obscured glass of at least Pilkington level 3 and shall be non-opening (unless the part of the window that opens is above 1.7m from the floor level of the room the window serves).

Reason:  In the interests of the residential amenities of the occupants of the adjacent dwellings in accordance with Policy CS12 (c) of the Dacorum Borough Council Core Strategy (2013) and Paragraph 130 (f) of the National Planning Policy Framework (2021).

Informatives:

 1.        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  ...  view the full minutes text for item 4f

.

Confirmation of 5 x Article 4 Directions

Maylands, Park Lane, Doolittle Meadows all at Hemel Hempstead;

Northbridge Road and River Park at Berkhamsted; and Icknield Way, Tring

The Case Officer, Philip Stanley, introduced the report to Members.

Officers Recommendation: That the Article 4 Directions be confirmed.

It was proposed by Councillor Anderson and seconded by Councillor Stevens to GRANT the application.

Vote:

For:      9          Against: 0                    Abstained: 0

Resolved: That planning permission be GRANTED.

It is recommended that the Council confirm the Directions to ensure the protection afforded to the Article 4 Areas will continue in effect beyond 15 January 2023.

Philip Stanley gave an update on the appeals. There have been 61 appeals up until the end of October this year, a similar number to last year (58).

Philip highlighted that there were a lot of dismissed appeals, with many of them on Green Belt grounds. As a result the planning team are arranging a green belt training course for Officers and asked Members if this would be of interest to them. Members confirmed that it would be and Cllr Guest asked for this training to be arranged.

Philip mentioned that there was no enforcement appeal activity in the period.

Philip highlighted that appeal performance remains excellent with three-quarters of appeals being dismissed across 2022, and said that this reflects the hard work and good job the team are doing in defending appeals.

Philip drew Members attention to the three upcoming Public Inquiries and said that no dates had yet been received for these, but that they will be very resource heavy for Officers.

Cllr Anderson queried the Fast Track appeal process. Cllr Guest asked for a Briefing Note explaining the difference between Fast Track and standard appeals to be circulated to Members.