Agenda and minutes
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Minutes To confirm the minutes of the previous meeting (these are circulated separately) Minutes: The minutes of the meeting held on 19 October 2023 were confirmed by the Members present.
Hard-copy minutes were signed by the Chair
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Apologies for absence To receive any apologies for absence Minutes: Apologies received from the Councillor Guest, Riddick, Mottershead, Mitchell and C Link. Councillor Barradell substituted for Councillor Guest, Councillor B Williams substituted for Councillor Riddick and Councillor Stewart substituted for Councillor Mottershead.
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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 (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 Stevens asked Members to remember to declare any Disclosable Pecuniary or other Interests at the beginning of the relevant planning application.
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Public Participation 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.
Minutes: 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 order of applications were changed to allow for anyone wanting to speak on an application to be heard. The items were heard in the following order.
5e. a, b, c, d.
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Minutes: Cllr Patterson declared an interest in the item, and confirmed that he will not take part in the discussion or voting.
The Case Officer, Elspeth Palmer introduced the report to Members and said that the application had been referred to the Committee due to the contrary views of Tring Town Council.
Ward Councillor Brian Patterson, Town Councillor Paul De Koning and Rachael Moore spoke in objection to the application.
Greg Basmadjian spoke in support of the application.
It was proposed by Councillor Durrant and seconded by Councillor Bristow to DELEGATE with a view to APPROVAL.
Vote:
For: Against: Abstained: 5 4 1
Resolved: That planning permission be GRANTED.
RECOMMENDATION That planning permission be DELEGATED with a view to APPROVAL subject to an 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):
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: Site Location Plan Proposed Site Plan 401 Rev C Proposed Floor Plans 402 Rev A Proposed Floor Plans 403 Rev A Proposed Elevations 404 Rev A Perspective View North Perspective View South Reason: For the avoidance of doubt and in the interests of proper planning. 3. 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. Please do not send materials to the Council offices. Materials should be kept on site and arrangements made with the Planning Officer for inspection. 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). 4. The garage shall be demolished and the materials arising from demolition removed from the site (or the arising materials re-used or retained in a position on site as agreed by the Local Planning Authority in writing and thereafter retained) prior to the implementation of the development hereby permitted. Reason: To enable the Local Planning Authority to retain control over the development in the interests of protecting the neighbouring properties amenities in accordance with Policy CS12 of the Dacorum Borough Core Strategy (2013). Reason: To accord with the approved plans and for the avoidance of doubt. 5. Should any ground contamination be encountered during the construction of the development hereby approved (including groundworks), works shall ... view the full minutes text for item 5a |
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Minutes: Cllr Barradell declared an interest in item 5b as it is in his Ward, he confirmed that he had no interest in the item and had come to the meeting with an open mind.
The Case Officer, Sally Robbins introduced the report to Members and said that the application had been referred to the Committee due to the contrary views of Markyate Parish Council.
Ward Councillor Jane Timmis spoke in objection to the application.
It was proposed by Councillor Maddern and seconded by Councillor Hobson to DELEGATE with a view to APPROVAL.
Vote:
For: Against: Abstained:
7 0 4
Resolved: That planning permission be DELEGATED with a view to APPROVAL. RECOMMENDATION
That planning permission be DELEGATED with a view to APPROVAL subject to an 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. The buildings / structures labelled as ‘machinery, hay and feed store’, stables’ and ‘container’ on drawing no. WRIG/22110/EXISTSITE shall be demolished and all the materials removed from site prior to the construction of the new dwelling hereby permitted. Reason: To safeguard the visual amenities of the Green Belt in accordance with Dacorum Borough Core Strategy (2013) Policy CS5. 3. No work (including site clearance) in relation to the development hereby approved shall be undertaken until full details setting out how retained trees shall be protected, in accordance with BS5837:2012 (Trees in relation to design, demolition and construction), have been submitted to and approved in writing by the Local Planning Authority. Details shall include: o A scaled Tree Protection Plan showing the approved development layout and retained trees (surveyed in accordance with BS5837:2012), to include their accurate crown spreads and root protection areas (RPAs) o The sequential order of events required for tree protection o The position and specification of tree protection fencing in accordance with BS5837:2012 (as applicable) o The position and specification of ground protection in accordance with BS5837:2012 (as applicable) o Details of hard surfacing constructed using no-dig techniques where proposed over the RPA of retained trees (as applicable) o Details of proposed levels o The position of service routes and drainage, and means of installation if these encroach through the RPA of retained trees. There shall be no excavation, changes in levels, storage of materials or access within the RPA of retained trees unless previously specified and agreed. The works must be carried out according to the approved details. Reason: In order to ensure that damage does not occur to trees and hedges during ... view the full minutes text for item 5b |
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Minutes: Cllr Stewart declared an interest in the item and confirmed that he will take no part in the discussion or voting.
The Chair Councillor Stevens stepped down as Chair and Vice Chair Hobson stepped up as Chair. Cllr Stevens will take no part in the discussion or voting.
The Case Officer, Robert Freeman introduced the report to Members and said that the application had been referred to the Committee due to the contrary view of Berkhamsted Town Council. The Town Council objects to the design of the proposed works and the impact on the street scene.
Bruce O'Brien and Roberts Anderson spoke in objection to the application.
It was proposed by Councillor Barradell and seconded by Councillor Durrant to GRANT the application.
Vote:
For: Against: Abstained: 7 0 2
Resolved: That planning permission be GRANTED.
RECOMMENDATION.
That planning permission be GRANTED subject to the conditions below: Conditions:
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:
23004 AL (0) 110 Revision F 23004 AL (0) 111 Revision F 23004 AL (0) 112 Revision C 23004 AL (0) 120 Revision F
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)
INFORMATIVE
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.
Contamination Guidance on how to assess and manage the risks from land contamination can be found here
https://www.gov.uk/government/publications/land-contamination-risk- managementlcrm
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Minutes: Councillor Stevens declared an interest in item 5d as he is speaking in objection to the item, for this reason he will take no part in the discussion or voting. Vice Chair Councillor Hobson stepped up as the Chair. The Case Officer, Sally Robbins, introduced the report to Members and said that the application had been referred to the Committee due to contrary views of Berkhamsted Town Council. Sally Robbins also advised Members that this application had been appealed on the grounds of non-determination and therefore Members are being asked for how they would have decided the application.
Ward Councillor Garrick Stevens and Paul Chamber spoke in objection to the application.
It was proposed by Councillor Durrant and seconded by Councillor Barradell to GRANT the application.
Vote:
For: Against: Abstained: 4 0 6
Resolved: That planning permission be GRANT.
N Sultan sought clarity as to why there were six abstentions. The relevant Members confirmed that this was due to the non-determination appeal and that therefore the Planning Inspectorate would be the decision-makes for this application.
RECOMMENDATION That planning permission be GRANTED subject to conditions.
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. Details to include: - Brickwork - Roof tiles - Glazing - Dormer window cladding material - Rainwater goods - Joinery details and finish. Development shall be carried out in accordance with the approved details. Please do not send materials to the Council offices. Materials should be kept on site and arrangements made with the Planning Officer for inspection. Reason: To preserve or enhance the character and appearance of the designated heritage asset in accordance with the Planning (Listed Buildings and Conservation Areas) Act 1990 and Policy CS27 of the Dacorum Borough Core Strategy (2013). 3. The development hereby permitted shall be carried out in accordance with the following approved plans/documents: LP01 Location Plan 201 Ground & First Floor Plan 202 Second Floor & Roof Plan 203 Section 02 & 03 204 Section 03, 04 & 05 205 Front & Rear Elevation 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.
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Minutes: The Case Officer, Robert Freeman introduced the report on behalf of Victor Unuigbe and said that the application had been referred to the Committee due to contrary views of Nettleden with Potten End Parish Council.
Parish Councillor John Berry, Ward Councillor Terry Douris, Liz Ruyter and Nick Walpole spoke in objection to the application.
Liz Fitzgerald spoke in support of the application.
It was proposed by Councillor Barradell and seconded by Councillor Hobson to GRANT the application.
Vote:
For: Against: Abstained:
2 7 1
Having there been no majority to GRANT the application it was proposed by Councillor Wyatt-Lowe and seconded by Councillor Maddern to REFUSE the application.
Vote:
For: Against: Abstained: 8 0 3
Resolved: That planning permission be REFUSED.
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Minutes: Philip Stanley gave a brief update on the appeals.
The report was noted.
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