Agenda and draft minutes

Development Management
Thursday, 13th June, 2019 7.00 pm

Venue: Council Chamber, The Forum. View directions

Contact: Corporate and Democratic Support  01442 228209

Items
No. Item

209.

Minutes pdf icon PDF 217 KB

To confirm the minutes of the previous meeting.

Minutes:

Councillor Wyatt-Lowe asked the Committee if the minutes of the meeting held on 28 May could be confirmed.

 

Councillor Symington asked that more detail was given regarding public participation and the rules surrounding this.

 

Councillor Wyatt-Lowe agreed that this addition should be made.

 

210.

Apologies for absence

To receive any apologies for absence

Minutes:

Apologies for absence were received from Councillors Guest and Maddern. Councillor Birnie substituted for Councillor Guest.

 

Councillor Beauchamp arrived at 19:19.

 

211.

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
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.

Minutes:

Councillor Wyatt-Lowe asked Members to remember to declare any Disclosable Pecuniary or other Interests at the beginning of the relevant planning application.

212.

Public Participation

An opportunity for members of the public to make statements or ask questions in accordance with the rules as to public participation.

 

Time per speaker

Total Time Available

How to let us know

When we need to know by

3 minutes

Where more than 1 person wishes to speak on a planning application, the shared time is increased from 3 minutes to 5 minutes.

In writing or by phone

5pm the day before the meeting.

 

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.

 

Minutes:

Councillor Wyatt-Lowe reminded the members and the public about the rules regarding public participation as follows:

 

For each application the officer presents the report to the Committee, then the participants from the public are called to speak. Following this, questions are taken from the Committee along with statements and comments for debate.

 

213.

4/01866/18/FUL - DEMOLITION OF EXISTING BUILDINGS AND CONSTRUCTION OF FIVE 4 BEDROOM DETACHED DWELLINGS WITH ASSOCIATED LANDSCAPING AND ACCESS - 57 SOUTH PARK GARDENS, BERKHAMSTED, HP4 1HZ pdf icon PDF 253 KB

Additional documents:

Minutes:

Councillor Beauchamp arrived at 19:19 and, therefore, did not participate or vote on Item 5a.

 

The Case Officer, Jason Seed, introduced the report to members and said that the application had been referred to committee due to objection from Berkhamsted Town Council on the grounds of overdevelopment, impact on the character of the surrounding area, inadequate access, impact on surrounding amenity and impacts of noise on occupiers of the new dwellings.

 

Martin Allen spoke in objection of the application.

 

Berkhamsted Town Councillor Anthony Armytage spoke in objection of the application.

 

Richard Farris and Krzys Lipinski spoke in support of the application.

 

It was proposed by Councillor Riddick and seconded by Councillor Birnie to GRANT the application in line with the officer’s recommendation.

 

Vote:

 

For: 3               Against: 5                    Abstained: 1

 

Councillor Wyatt-Lowe noted that the recommendation falls and asked for a motion to REFUSE.

 

Councillor Wyatt-Lowe asked for grounds for REFUSAL.

 

It was instead proposed by Councillor Riddick and seconded by Councillor Birnie to DEFER the application to allow for further information regarding the acoustic fencing as well as clarification on measurements.

 

Vote:

 

For: 8               Against: 0                    Abstained: 2

 

Resolved: That planning permission be DEFERRED.

 

214.

4/02286/18/MFA - CONSTRUCTION OF 268 FLATS AND 1404.5 SQUARE METRES OF OFFICE SPACE SPLIT ACROSS SIX BLOCKS, WITH ASSOCIATED CAR PARKING, LANDSCAPING AND AMENITY SPACE. - PLOTS 2 & 3 KIER PARK, MAYLANDS AVENUE, HEMEL HEMPSTEAD, HP2 4FQ pdf icon PDF 777 KB

Additional documents:

Minutes:

Councillor Birnie declared that he is the ward councillor for this area but that he would be viewing the application objectively and, therefore, reserved his right to participate.

 

The Case Officer, Rachel Marber, introduced the report to members and said that the application had been referred to committee due to it being a large scale major which is linked to a proposed obligation under s.106 of the Town and Country Planning Act (1990).

 

Nicola Fisher and Marga Pelli spoke in objection of the application.

 

With no proposals for the officer’s recommendation, Councillor Wyatt-Lowe noted that the recommendation falls and asked for a motion to REFUSE.

 

It was proposed by Councillor Birnie and seconded by Councillor Beauchamp to REFUSE the application on the grounds of poor daylight and sunlight levels, inadequate parking, overdevelopment, lack of architectural merit and that the application goes against CS12: (a), (b) and (c).

 

Vote:

 

For: 9               Against: 0                    Abstained: 1

 

Resolved: That planning permission be REFUSED.

 

The meeting was adjourned at 20:55.

 

The meeting reconvened at 21:06.

 

215.

4/03260/18/FUL - EXTENSION AND ALTERATION TO EXISTING BUILDING INCLUDING THE INSERTION OF TWO ROOF DORMERS AND FENESTRATION. CHANGE OF USE TO A 1-BED DWELLING. (AMENDED SCHEME). - FORMER TELEPHONE REPEATER STATION, DUDSWELL LANE, DUDSWELL pdf icon PDF 105 KB

Additional documents:

Minutes:

The Case Officer, Rachel Marber, introduced the report to members and said that the application had been referred to committee as it had been called in by Councillor Pringle.

 

Councillor Lara Pringle spoke in objection of the application.

 

Patrick Doyle, the applicant, spoke in support of the application.

 

It was proposed by Councillor Birnie and seconded by Councillor Durrant to GRANT the application in line with the officer’s recommendation.

 

Vote:

 

For: 8               Against: 1                    Abstained: 1

 

Resolved: That planning permission be GRANTED subject to the following conditions:

 

Conditions

No

Condition

1

The development hereby permitted shall be begun 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:

 

DOY/19/04

DOY/19/01

DOY/19/03

Planning, Design and Access Statement

 

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

 

3

Prior to occupation full details of both hard and soft landscape works shall have been submitted to and approved in writing by the local planning authority.  These details shall include:

 

hard surfacing materials;

means of enclosure; and

soft landscape works which shall include planting plans; 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.

 

The approved landscape works shall be carried out prior to the first occupation of the development hereby permitted.

                       

Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual verdant aspect character of the immediate area; in accordance with Policies CS5 and CS12 of the Core Strategy (2013).

 

4

Any trees, hedges or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. No new tree or hedgerow planted in accordance with condition 3 shall be pruned or cut in any manner within 5 years from the date of the occupation of the dwelling hereby approved, other than in accordance with the approved plans and details, without the prior written approval of the local planning authority.

 

Reason:  To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area; in accordance with policy CS12 of the Core Strategy (2013).

 

 

5

No development 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 a satisfactory appearance to the development; in accordance with Policy CS12 of the Core Strategy (2013).

 

 

Materials Informative

 

Please do not  ...  view the full minutes text for item 215.

216.

4/02781/18/MFA - DEMOLITION OF EXISTING BUILDING AND CONSTRUCTION OF 21 ONE-BED FLATS - MILBOR ENGINEERING HEMEL HEMPSTEAD LTD, BELSWAINS LANE, HEMEL HEMPSTEAD, HP3 9XE pdf icon PDF 1 MB

Additional documents:

Minutes:

The Case Officer, Rachel Marber, introduced the report to members and said that the application had been referred to committee due to the contrary views of Nash Mills Parish Council.

 

Alan Briggs and Miranda Kowalczyk spoke in objection of the application.

 

Nash Mills Parish Councillor Nicola Cobb spoke in objection of the application.

With no proposals for the officer’s recommendation, Councillor Wyatt-Lowe noted that the recommendation falls and asked for a motion to REFUSE.

 

It was proposed by Councillor Riddick and seconded by Councillor Beauchamp to REFUSE the application on the grounds of overdevelopment, dominance and that the application goes against CS11: (a), (e) and (f) and against CS12: (a), (b), (c) and (g).

 

Vote:

 

For: 8               Against: 0                    Abstained: 2

 

Resolved: That planning permission be REFUSED.

217.

4/03028/18/FUL - TEMPORARY CHANGE OF USE TO NURSERY AND CONSTRUCTION OF SINGLE-STOREY SIDE/REAR EXTENSION - 6 ALSTON ROAD, HEMEL HEMPSTEAD, HP1 1QU pdf icon PDF 221 KB

Additional documents:

Minutes:

Councillor Uttley declared her personal interest in the application and stood down.

 

The Case Officer, Martin Stickley, introduced the report to members and said that the application had been referred to committee as it had been called in by former Councillor Janice Marshall.

 

John Ebdon and Mrs J Townsend spoke in objection of the application.

 

Councillor Claire Hobson spoke in objection of the application.

 

Hayden Todd spoke in support of the application.

 

It was proposed by Councillor Riddick and seconded by Councillor Durrant to GRANT the application in line with the officer’s recommendation.

 

Vote:

 

For: 5               Against: 1                    Abstained: 3

 

Resolved: That planning permission be GRANTED subject to the following conditions:

 

Conditions

No

Condition

1

The use hereby permitted shall be occupied only by Flower Pots Day Nursery and shall be for a limited period of 2 years from first use of the building as a nursery. Thereafter, the nursery use hereby permitted shall be discontinued and the land restored to former use unless otherwise agreed in writing by the Local Planning Authority.

Reason: In order that the premises are operated by Flower Pots Day Nursery and ensure that the measures provided in the planning submission are carried out. To allow Local Planning Authority to assess impact of use on amenity of neighbours in relation to noise and disturbance, having regard to Policies CS12 and CS32 of the Dacorum Borough Core Strategy (2013) and Paragraph 127 (f) of the National Planning Policy Framework (2019).

 

2

The hours of site operation shall be restricted to Monday-Friday (07:30 – 18:30 hours. No site activity on Saturday, Sundays or Bank Holidays. No external amenity use outside of 09:00 – 17:00 hours.

Reason:  To protect the residential amenities of the locality, having regard to Policies CS12 and CS32 of the Dacorum Borough Core Strategy (2013) and Paragraph 127 (f) of the National Planning Policy Framework (2019).

 

3

The number of children using the nursery hereby approved shall be limited to 45 in total.

 

Reason:  In order to protect the amenities of adjoining occupiers and to ensure adequate parking provision, having regard to saved Appendix 5 of the Dacorum Borough Local Plan (2004), Policies CS8 and CS12 of the Dacorum Borough Core Strategy (2013) and Paragraph 127 (f) of the National Planning Policy Framework (2019).

 

4

A Noise Management Plan shall be implemented. A log of periodic monitoring and actions be kept. Together with a log of complaints; together with corrective actions undertaken.

 

Reason:  To protect the residential amenities of the locality, having regard to Policy CS12 of the Dacorum Borough Core Strategy (2013) and Paragraph 127 (f) of the National Planning Policy Framework (2019).

 

NOTE: This will be reviewed at the end of the two-year temporary permission.

 

5

At least 3 months prior to the first use of the approved development a detailed Travel Plan Statement for the site, based upon the Hertfordshire Council document 'Hertfordshire's Travel Plan Guidance', shall be submitted and approved in writing by the Local Planning Authority. The Travel  ...  view the full minutes text for item 217.

218.

4/00630/19/FUL - CHANGE OF USE OF VACANT BARN TO DWELLING. - THE BARN, NETTLEDEN ROAD, FRITHSDEN, HEMEL HEMPSTEAD, HP4 2RF pdf icon PDF 763 KB

Additional documents:

Minutes:

The Case Officer, Simon Dunn-Lwin, introduced the report to members and said that the application had been referred to committee as the recommendation was contrary to the Parish Council response.

 

It was proposed by Councillor Birnie and seconded by Councillor Riddick to GRANT the application in line with the officer’s recommendation.

 

Vote:

 

For: 8               Against: 0                    Abstained: 2

 

Resolved: That planning permission be GRANTED subject to the following conditions:

 

Conditions

No

Condition

1

The development hereby permitted shall be begun 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:

 

443.8.2C - Site Layout Plan Received on 24th May 2019 with red line boundary.

443.8.3A - Proposed floorplan, elevations & section.

443.8.4 OS Location Plan.

B/NR/1 - Site Plan.

Unnumbered floor plans/elevations/cross section (existing).

 

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

 

3

No development 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 a satisfactory appearance to the development.

 

4

The development hereby permitted shall not be occupied until the arrangements for vehicle parking shown on Drawing No. 443.8.2B shall have been provided, and they shall not be used thereafter otherwise than for the purposes approved.

 

Reason:  To ensure the adequate and satisfactory provision of off-street vehicle parking facilities.

 

5

Prior to the first use of the development hereby permitted any vehicular access gate(s) shall be hung to open inwards, set back, and thereafter retained at a minimum distance of 6 metres from the edge of the highway.

 

Reason: To enable vehicles to safely draw off the highway before the gate(s) or obstruction is opened and/or closed in accordance with Policy 5 of Hertfordshire's Local Transport Plan (adopted 2018).

 

6

There shall be no external lighting.

 

Reason: In the interest of maintaining the rural character of the area.

 

7

The existing hedge and trees on the boundary of the site with Nettleden Road shall be permanently retained at a height of not less than 3 metres above ground level.  Any part of the hedge or any trees. which become 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 species, size and maturity to be approved by the local planning authority.

 

Reason: To preserve the character and appearance of the Chilterns AONB in accordance  ...  view the full minutes text for item 218.

219.

4/00658/19/MFA - DEMOLITION OF EXISTING BUILDINGS, CONSTRUCTION OF 15 DWELLINGS (CLASS C3) AND ONE RETAIL (CLASS A1 SHOP) UNIT AND PARISH STORE ROOM, ALTERATIONS TO VEHICLE AND PEDESTRIAN ACCESSES - GARDEN SCENE CHIPPERFIELD, CHAPEL CROFT, CHIPPERFIELD, KINGS LANGLEY, WD4 9EG pdf icon PDF 532 KB

Additional documents:

Minutes:

Councillor Riddick declared that he operates within this ward, however that he had had no input on the application and reserved his right to participate.

 

The Case Officer, James Gardner, introduced the report to members and said that the application had been referred to committee as a similar application had been refused by committee.

 

It was proposed by Councillor Birnie and seconded by Councillor McDowell to DELEGATE the application TO THE GROUP MANAGER WITH A VIEW TO APPROVAL in line with the officer’s recommendation.

 

Vote:

 

For: 8               Against: 0                    Abstained: 2

 

Resolved: That planning permission be DELEGATED TO THE GROUP MANAGER WITH A VIEW TO APPROVAL subject to the completion of a planning obligation under Section 106 of the Town and Country Planning Act 1990.

 

That the following Heads of Terms for the planning obligation be agreed:

 

·         Affordable Housing – 35%

 

That the following conditions be agreed:

 

Conditions

1

The development hereby permitted shall be begun 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 commencement of the development hereby permitted, a Development Phasing Plan shall be submitted to and approved in writing by the local planning authority.  The Development Phasing Plan shall include details of and timeframes for:

the removal of the existing buildings to be demolished;

the reinstatement of the existing Class A1 (shop and post office) use on the site and timeframes for its closure during construction works;

any phasing plans for construction across the site.

 

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

 

Reason: To ensure a sufficient amount of retail space within the village in accordance with saved Policy 45 of the Dacorum Borough Local Plan 1991-2011 and to provide certainty with respect to Community Infrastructure Levy charging timeframes.

 

3

The retail Class A1 unit hereby approved shall only be used for Class A1 uses and for no other purpose of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended), or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification and for no other purpose permitted under Part 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended).

 

Reason: To ensure a sufficient amount of shopping facilities within the village in accordance with saved Policy 45 of the Dacorum Borough Local Plan 1991-2011.

 

4

The trees shown for retention on the approved Tree Protection Plan (prepared by David Brown Landscape Design, dated March 2019) shall be protected during the whole period of site clearance, excavation and construction by the erection and retention of protective fencing positioned beneath the outermost part of the branch canopy of the trees.  In areas where tree protection fencing does not sufficiently cover Root Protection  ...  view the full minutes text for item 219.

220.

4/03077/18/FHA - PROPOSED CAR PORT - KILBRACKEN, HUDNALL COMMON, LITTLE GADDESDEN, BERKHAMSTED, HP4 1QW pdf icon PDF 121 KB

Additional documents:

Minutes:

The Case Officer, James Gardner, introduced the report to members and said that the application had been referred to committee due to it being contrary to the views of Little Gaddesden Parish Council.

 

It was proposed by Councillor Birnie and seconded by Councillor Durrant to GRANT the application in line with the officer’s recommendation.

 

Vote:

 

For: 8               Against: 0                    Abstained: 2

 

Resolved: That planning permission be GRANTED subject to the following conditions:

 

Conditions

No

Condition

1

The development hereby permitted shall be begun 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:

 

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 approved drawings or such other materials as may be agreed in writing by the local planning authority.

 

Reason:  To ensure a satisfactory appearance to the development.

 

 

221.

4/00891/19/FHA - CONSTRUCTION OF NEW CAR PORT - WOODLAND VIEW, ROSSWAY, BERKHAMSTED, HP4 3UD pdf icon PDF 291 KB

Additional documents:

Minutes:

Fiona Bogle introduced the report to members on behalf of the Case Officer and said that the application had been referred to committee as the application is recommended for refusal contrary to the views of Wigginton Parish Council.

 

Marita Henry spoke in support of the application.

 

It was proposed by Councillor Birnie and seconded by Councillor Uttley to REFUSE the application in line with the officer’s recommendation.

 

Vote:

 

For: 7               Against: 2                    Abstained: 1

 

Resolved: That planning permission be REFUSED.

 

That the reason for refusal is as follows:

 

The application site is located within the Green Belt and Chilterns Area of Outstanding Natural Beauty. The proposed extension would result in a materially larger dwelling on the site than that granted planning permission and the original building thereon and as such would constitute inappropriate development within the Green Belt. This would be definition be harmful to the open character and appearance of the Green Belt contrary to the National Planning Policy Framework (NPPF) and Policy CS5 of the Core Strategy. The building in view of its siting is also considered to result in harm to the openness of the area and would be detrimental to the character and appearance of the countryside contrary to the NPPF, Policies CS5 and CS24 of the Core Strategy and the Chilterns Building Design Guide SPD.

 

222.

Appeals pdf icon PDF 82 KB

Minutes:

That the following appeals were noted:

 

A.   LODGED

 

B.   WITHDRAWN

 

C.   FORTHCOMING INQUIRIES

 

D.   FORTHCOMING INQUIRIES

 

E.    DISMISSED

 

F.    ALLOWED

 

223.

Article 4 areas for protecting Dacorum's Employment Areas pdf icon PDF 106 KB

Additional documents:

Minutes:

Article 4 Areas for protecting Dacorum’s Employment Areas were agreed.