Agenda and minutes

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

The minutes of the meeting held on 18 April 2024. Were confirmed by the Members present.

Hard-copy minutes were signed by the Chair

To receive any apologies for absence

Apologies received from Councillors Cox, Walker and Durrant. Councillor A Williams substituted for Councillor Walker. Councillor Anderson substituted for Councillor Durrant.

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.

5a. 24/00330/MFA

Demolition of existing buildings and redevelopment of the site to provide 86 residential units (market and affordable), construction of a community hub building, together with associated landscaping, open space, parking, and highway improvement

Haresfoot Farm, Chesham Road, Berkhamsted, Hertfordshire

Councillor Stevens declared an interest in item 5a. He declared that he sits on Berkhamsted Town sCouncil. He confirmed that he was coming with an open mind and has not taken part in any Berkhamsted Town Council discussions conversations regarding this item.

The Case Officer, James Gardner introduced the report to Members and said that the application had been referred to the Committee due to an objection raised by Berkhamsted Town Council, on the grounds of overdevelopment, urbanisation of the countryside, inappropriate access arrangements, minimal green space to serve the development and non-compliance with national planning policy in relation to the Green Belt.

Ward Councillor Nigel Taylor and Resident Michael Bannister and Julian Davies spoke in objection to the application.

Simon Warner and Oliver Myrants Wilson spoke in support of the application.

It was proposed by Councillor Bristow and seconded by Councillor Williams to DELEGATED with a view to APPROVAL.

Vote:

For:                   Against:                      Abstained:

4                           6                                1

Having there been no majority to grant the application it was proposed by Councillor Guest and seconded by Councillor Anderson to overturn the officer’s recommendation and REFUSE the application.

Vote:

For:                   Against:                      Abstained:

6                          3                                   2

Resolved: That planning permission be REFUSED.

1.         The proposed development of the southern quadrant of the site would constitute inappropriate development and would result in visual and spatial harm to the openness of the Green Belt. In addition, the proposals would lead to a conflict with one of the five purposes of including land in the Green Belt - i.e. to assist in safeguarding the countryside from encroachment. The benefits of the scheme taken together do not clearly outweigh the harm and other harm identified. Very special circumstances have not been demonstrated to justify the proposed inappropriate development in the Green Belt. The proposals are therefore contrary to the Policy CS5 of the Dacorum Borough Core Strategy (2013) and paragraphs 142, 143, 152, 153 and 154 of the National Planning Policy Framework (2023).

2.         The application site is located outside of the settlement boundary of Berkhamsted and in open countryside. By virtue of its distance from shops, services, amenities, places of work and a range of public transport links, and notwithstanding the measures proposed to maximise sustainable transport solutions, the site is not considered to be a suitable location for housing. The proposed development would therefore be contrary to Policy CS1 of the Dacorum Core Strategy and paragraph 109 of the National Planning Policy Framework (2023).

5b. 23/02805/FUL

Proposed Electric Vehicle (EV) Charging Station and Cafe

Land opposite The Eagle Public House, Hempstead Road, Kings Langley

Councillor Anderson declared an interest in item 5b and was speaking against the item. He declared that he would not participate in the discussion or the voting.

The Case Officer, Robert Freeman introduced the report to Members and said that the application had been referred to the Committee due to objections of Kings Langley Parish Council to the application and given the previous refusal of a planning application for an EV Charging Station at this site by the Development Management Committee. Kings Langley Parish Council consider the proposals to be inappropriate development in the Green Belt in view of its scale and nature.

Ward Councillor Alan Anderson spoke in objection to the application.

Planning Consultant Holly Mitchell spoke in support of the application.

It was proposed by Councillor Smith-Wright and seconded by Councillor Patterson to GRANT the application.

Vote:

For:                  Against:                       Abstained:

5                      4                                  1

Resolved: That planning permission be GRANTED.

That planning permission be GRANTED subject to the conditions below:

Conditions:

            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:

            E001 Issue 0 (Site Location Plan)

            P100 Issue 2 (Proposed Site Layout)

            P101 Issue 1 (Proposed Landscaping)

P200 Issue 2 (Floor Plans)

P400 Issue 0 (Proposed Sections)

P450 Issue 2 (Elevations)

Biodiversity Net Gain Assessment by Aval Consulting Group dated November 2023

Design and Access Statement by Paper Architecture

Drainage Strategy by Patrick Parsons dated November 2023

Energy and Sustainability Statement by Aval Consulting Group dated November 2023

            Planning Statement by simplyplanning dated November 2023

            Preliminary Ecology Appraisal Revision C by Aval Consulting Group dated November 2023

            Transport Assessment by Aval Consulting Group dated November 2023

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

3.         No development of the superstructure shall take place until full details and samples of the materials to be used on the external surfaces have been submitted to and approved in writing by the local planning authority. These details shall include details of any variation to the spacing and arrangement of cladding upon the principle elevations of the building hereby approved. The development shall be carried out in accordance with the approved details.

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.         No development shall take place, until full details of hard and soft landscaping works shall have been submitted to and approved in writing by the local planning authority. These  ...  view the full minutes text for item 5b

5c. 23/02861/FUL

Demolition of existing detached dwelling and garage and construction of a pair of semi-detached dwellings.

8 King Street, Markyate, St Albans, Hertfordshire, AL3 8JY

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

Collin Crampton spoke in objection to the application.

It was proposed by Councillor Bristow and seconded by Councillor Guest to DELEGATE with a view to APPROVAL.

Vote:

For:                  Against:                       Abstained:

7                        2                                      2

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.

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.        Prior to the commencement of development hereby approved, an Arboricultural Method Statement and Tree Protection Plan prepared in accordance with BS5837:2012 (Trees in relation to design, demolition and construction) setting out how trees shown for retention shall be protected during the construction process, shall be submitted to and approved by the Local Planning Authority.  No equipment, machinery or materials for the development shall be taken onto the site until these details have been approved. The works must then be carried out according to the approved details and thereafter retained until competition of the development.

            Reason: In order to ensure that damage does not occur to trees and hedges during building operations in accordance with saved Policy 99 of the Dacorum Borough Local Plan (2004), Policy CS12 of the Dacorum Borough Core Strategy (2013) and Paragraph 180 of the National Planning Policy Framework (December 2023).

 3.        No development shall commence until a Construction Management Plan (or Construction Method Statement) has been submitted to and approved in writing by the Local Planning Authority. Thereafter the construction of the development shall only be carried out in accordance with the approved Plan: The Construction Management Plan / Statement shall include details of:                  

            a. Construction vehicle numbers and type

            b. Access arrangements to the site

            c. Traffic management requirements

            d. Construction and storage compounds (including areas designated for car parking, loading / unloading and turning areas)

            e. Siting and details of wheel washing facilities

            f. Cleaning of site entrances, site tracks and the adjacent public highway

            g. Timing of construction activities (including delivery times and removal of waste) and to avoid school pick up/drop off times

            h. Provision of sufficient on-site parking prior to commencement of construction activities.       

            Reason: In order to protect  ...  view the full minutes text for item 5c

5d. 23/01583/FUL

Demolition of existing single storey garage building. Construction of 1no. detached four-bedroom family dwelling with associated car parking / landscaping.

Land Rear Of 38-40 Windmill Way, Tring, Hertfordshire, HP23 4EH 

Councillor Patterson declared an interest in the item as he was speaking in objection to the item, he confirmed that he would take no 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 an objection from Tring Town Council Council.

Parish Councillor Robert Farrow, Ward Councillor Brian Patterson and Residents Philip & Rachel Moore and Kate Steel spoke in objection to the application.

Greg Basmadjian spoke in support of the application.

It was proposed by Councillor Guest and seconded by Councillor Riddick to DELEGATE with a view to APPROVAL.

Vote:

For:                  Against:                       Abstained:

8                      1                                              1

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.

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 100 Rev F

            Proposed Site Plan 400 Rev H

            Proposed Ground Floor and First Floor Plans 402 Rev F

            Proposed Basement and Roof Plans 403 Rev F

            Proposed Elevations 404 Rev F

            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  ...  view the full minutes text for item 5d

Item 5(e) was not heard and was deferred to the next Development Management Committee.

Item 5(f) was not heard and was deferred to the next Development Management Committee.

Item 5(g) was not heard and was deferred to the next Development Management Committee.

The Appeals Update Report was noted.