Agenda and minutes

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

The minutes of the meeting held on 8^th December 2022 were confirmed by the Members present.

Hard-copy minutes were signed by the Chair

To receive any apologies for absence

There were no apologies received.

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.

5a. 22/00143/MFA

Re-alignment and Restoration of the River Gade in Gadebridge Park including proposed footbridge crossings and associated landscaping.

Gadebridge Park, Leighton Buzzard Road, Hemel Hempstead

Cllr Beauchamp declared an interest in the item as he was speaking in objection to the item; he confirmed that he would not take part in the discussion or voting.

Cllr Tindall informed the committee that he would be reading a pre written statement in support of the application on behalf of resident Christine Ridley who unfortunately could not attend tonight’s meeting. He confirmed that he would take a step back and not take part in the discussion or the voting.

The Case OfficerRobert Freeman, introduced the report to Members and said that the application had been referred to the Committee as it involves development upon land within the ownership of the Borough Council.

Stephen Wilson and Councillor Beauchamp spoke in objection to the application.

Councillor Tindall read a pre written statement in support of the application on behalf of resident Christine Ridley as she was unable to attend tonight’s meeting.

It was proposed by Councillor Stevens and seconded by Councillor Williams to GRANT the application in line with Officers recommendations.

Vote:

For:  7              Against: 1                    Abstained: 2

Resolved: That planning permission be GRANTED.

It is recommended that planning permission is GRANTED subject to the conditions below. CONDITIONS

Condition(s) and Reason(s):

1. The development hereby permitted shall begin before the expiry of three years

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 full details of hard and soft landscaping works have been submitted to an approved in writing by the Local Planning Authority.

These details shall include:

 · A landscape and ecological management plan. This should include long-term design objectives, management responsibilities and maintenance schedules for all landscaped areas (except privately owned domestic gardens),

 · soft landscape works which shall include planting plans including details of any replacement trees (equal to or exceeding the number of trees to be removed); written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate;

· Plans showing the extent and layout of the buffer zone adjacent to the new river course

· The materials to be used on footpaths, dipping platforms and beach areas

· all other hard surfacing materials

· details of any proposed footpaths, fencing, lighting located within 10m of the watercourse and details and

· ecological mitigation measures including new habitat creation The proposed landscaping works should reflect the general principles and key features on drawing number GDA-JBAU-XX-XX-DR-EN-0001- Indicative_Landscaping_Plan

The development shall be implemented fully in accordance with the approved details.

Reason: To ensure the protection of wildlife and supporting habitat and to secure opportunities for enhancing the site’s nature conservation value in line with NPPF paragraph 179, which requires the planning system to aim  ...  view the full minutes text for item 5a

5b. 22/02628/ROC

Variation of condition 2 (approved plans) attached to planning permission 21/03765/FUL (Construction of detached dwelling and associated access.)

21A Hall Park, Berkhamsted, Hertfordshire, HP4 2NU

The Chair, Councillor Guest, deferred this item in light of the Agent’s request for more time to provide additional drawings to ensure the accuracy of the submitted plans.

5c. 22/03171/FHA

Installation of solar panels on garage roof

Binghams Park, Potten End Hill, Water End, Hemel Hempstead, Hertfordshire, HP1 3BN

The Case Officer Sally Robins introduced the report on behalf ofJane Miller, and said that the application had been referred to the Committee as the applicant is married to Cllr Symington.

It was proposed by Councillor Douris and seconded by Councillor Beauchamp to GRANT the application in line with Officers recommendations.

Vote:

For:      11        Against: 0                    Abstained: 1

Resolved: That planning permission beGRANTED.

RECOMMENDATION 11.1 That planning permission be GRANTED, subject to the following 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 constructed in accordance with the materials specified on the application form and plans

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).

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

 · site plan

· existing and proposed floor plans and elevations

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

Informatives:

1. 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 (paragraph 38) and in accordance with the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2015.

5d. 22/02770/FUL

Erection of a 3 bedroom dwelling

2 Coniston Road, Kings Langley, Hertfordshire, WD4 8BU

The Case OfficerSally Robbins, introduced the report to Members and said that the application had been referred to the Committee due to contrary views of Parish Council.

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

Vote:

For:      10        Against:           1          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.

Conditions and Reasons:

 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.        No development (excluding demolition/ground investigations) shall take place until details of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted and approved in writing by the Local Planning Authority.  Development shall be carried out in accordance with the approved details.

            Reason: To ensure satisfactory appearance to the development and to safeguard the visual character of the area in accordance with Policies CS11 and CS12 of the Dacorum Borough Core Strategy (2013).

 3.        No construction of the superstructure shall take place until full details of both hard and soft landscape works has been submitted to and approved in writing by the Local Planning Authority. These details shall include:           

            a) all external hard surfaces within the site

            b) soft landscape works, including a planting scheme with the number, size, species and position of trees, plants and shrubs.

            The planting must be carried out within one planting season of completing the development.

            Any tree or shrub which forms part of the approved landscaping scheme which within a period of 5 years from planting fails to become established, becomes seriously damaged or diseased, dies or for any reason is removed shall be replaced in the next planting season by a tree or shrub of a similar species, size and maturity.

            Reason: To improve the appearance of the development and its contribution to biodiversity and the local environment, as required by saved Policy 99 of the Dacorum Borough Local Plan (2004) and Policy CS12 (e) of the Dacorum Borough Council Core Strategy (2013).

 4.        The new dwelling hereby approved shall not be occupied until the new vehicular access shown on drawing number 'PL004 Rev A' has been completed in accordance with details/specifications to be submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority.  ...  view the full minutes text for item 5d

Removal of S106 agreement attached to planning permission 4/02040/03/OUT (Proposed detached house and garage)

Bramley House, Chapel Road, Flamstead, St Albans, Hertfordshire, AL3 8DD

Cllr Douris declared that he is a Hertfordshire County Councillor for that area, and confirmed that he has taken no part in any discussions relating to this item. He confirmed that he would be taking part in the discussion and voting.

Phil Stanley introduced the report to Members on behalf of Andrew Parish and said that the application had been referred to the Committee in accordance with item (4(a)) of the Scheme of Delegation.

It was proposed by Councillor Tindall and seconded by Councillor Maddern to APPROVE the application in line with Officers recommendations.

Vote:

For:      11        Against: 0                    Abstained: 1

Resolved: That planning permission be APPROVED.

RECOMMENDATION:

That authority be given to remove an existing s106 agreement dated 4^th November 2004 in respect of Bramley House, Chapel Lane, Flamstead.

Philip Stanley introduced the report to Members, and presented highlights from report, in particular the amount of appeals relating to various Green Belt measures. Also highlighted that appeals performance remains excellent, though there is a higher percentage of allowed appeals for householders. The latest situation regarding the LEOT public inquiry was detailed.

The Report was noted

7a.   PLANNING ENFORCEMENT FORMAL ACTION STATUS REPORT

Kyle Dalton was introduced to DMC Members as the new Assistant Team Leader, Planning Enforcement.

Kyle Dalton introduced the report to Members informing them of the status of planning enforcement cases where formal action has been taken.

Kyle presented key cases where compliance had been secured and where new Notices had been served.

The Report was noted.

7b.   LOCAL ENFORCEMENT PLAN 2023 (PROJECTS AND PRIORITIES)

Kyle Dalton introduced the report to Members

It was recommended that the proposed projects / priorities for 2023 within the Local Enforcement Plan – A) Berkhamsted High Street advertisement A-board review B) Cases prior to 2016 be reduced by half C) 2020 numbers reduced by half - be taken to the Portfolio holder for APPROVAL.

It was proposed by Councillor Beauchamp and seconded by Councillor Hobson that the report be agreed and can be taken to the portfolio Holder.

Vote:

For:      12        Against: 0                    Abstained: 0