Agenda and minutes

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

The minutes of the meeting held on 13 July 2023. 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 Wyatt-Lowe, Councillor B Williams substituted on behalf of her. Councillor Weston substituted on behalf of Cllr C Link.

Apologies from Councillors Mottershead and Hobson

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 Stevens 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 Stevens 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.

The Case Officer, Patrick Doyle introduced the report to Members and said that the application had been referred to the Committee by Councillor Colette Wyatt- Lowe.

Cllr Wyatt-Lowe, Resident Rachel Luckett and Anu Ahuja spoke in objection to the application.

Simon Wallis spoke in support of the application.

It was proposed by Councillor Bristow to GRANT the application subject to the imposition of conditions as per Officer recommendations. Having there been no seconder, the recommendation falls.

It was proposed by Councillor Weston and seconded by Councillor Riddick to overturn the Officer’s recommendation and REFUSE the application.

Vote:

For:      7          Against:           1          Abstained: 2

Resolved: That prior approval be REFUSED.

1.    Criteria E

The proposals would be very harmful to the immediate streetscape. The provision of an additional storey above the existing development would form a very dominant, visually intrusive and assertive feature in a prominent position at the head of the Berkeley Square cul de sac. This would be detrimental to the appearance of immediate area. The assessment has taken into account the change in levels and the wooded setting.

2.    Criteria G

The building's increased height and massing would be very visible from several of the existing flat windows creating a greater sense of enclosure. For these flats within the immediate vicinity of the intersection of the two parts of the 'T' shaped layout, this significant change to the existing physical environment would fundamentally alter the existing residents experience and perception. There would be the resultant permanent establishment of an overbearing and oppressive physically intrusive impact in relation to the existing bedroom windows.

The Case Officer, Patrick Doyle, introduced the report to Members and said that the application had been referred to the Committee as it was called in by Councillor Riddick as the application was down for refusal.

P Doyle highlighted that there was a typographical error in the published report and confirmed that the proposal was for a 3 bed dwelling, not a 4 bed.

It was advised by A Stapleton that Cllr Riddick, as he had called in the planning application to DMC, and clearly stated reasons for supporting the application in this call-in, should take no part in the discussion or voting consequently, Cllr Riddick took no further part in this item.

Resident Eamonn Flynn spoke in support of the application.

It was proposed by Councillor Weston and seconded by Councillor Patterson toREFUSE the application in line with Officers recommendations.

Vote:

For:      3          Against: 5                    Abstained: 1

Having there been no majority to REFUSE the application it was proposed by Councillor Durrant and seconded by Councillor Bristow to overturn the Officer’s recommendation and DELEGATE with a VIEW TO APPROVAL, subject to Conditions being agreed by the Chair and the provision of a planning obligation to secure mitigation against harms to the Chilterns Beechwoods SAC.

Vote:

For:      5          Against: 3                    Abstained: 1

Resolved: That planning permission be DELEGATE with a VIEW TO APPROVAL

with conditions to be drafted by Officers and agreed by the Chair, and subject to the completion of a planning obligation under Section 106 of the Town and Country Planning Act 1990 (As Amended) to secure mitigation against harms to the Chilterns Beechwoods SAC.