Agenda and minutes

To confirm the minutes of the previous meeting.

The minutes of the meeting held on 17 December were confirmed by the Members present and were then signed by the Chair, Councillor Guest.

Councillor Hobson asked for a slight amendment to be made to the minutes of the meeting held on 28 November.

Charlie Webber confirmed that this amendment would be made.

The minutes of the meeting held on 28 November were confirmed by the Members present and were then signed by Councillor Riddick.

To receive any apologies for absence

Apologies for absence were received from Councillors Wyatt-Lowe, Uttley and Symington.

Councillor G Sutton substituted for Councillor Wyatt-Lowe.

The Committee sent good wishes to Councillor Uttley who was unwell.

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 reminded 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.

Items were heard in the following order: 5a, 5b, 5c, 5f, 5e, and 5d, prioritising those items with public speakers and public interest on first.

The Case Officer, Colin Lecart, introduced the report to Members and said that the application had been referred to the Committee as it was a Council Scheme on Council owned land and due to objections from Kings Langley Parish Council.

Neighbours spoke in objection to the application.

Christopher Weir spoke in support of the application.

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

Vote:

For: 7                          Against: 2                    Abstained: 2     

Resolved: That planning permission be DELEGATED WITH A VIEW TO APPROVAL subject to the signing of a Section 106 Agreement to secure 100% affordable housing on site and subject to the following conditions:

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:

            18058WD2.06 Rev B

            18058WD2.08 Rev C

            18058WD2.10 Rev B

            18058WD2.12 Rev B

            18058WD2.14 Rev B

            18058WD2.05 Rev B

            18058WD2.07 Rev C

            18058WD2.09 Rev B

            18058WD2.11 Rev B

            18058WD2.13 Rev B

            18058wd2.01 Rev O

            18058wd2.02 Rev D

            INSERT NEW SITE PLAN/STREET SCENE NUMBERS

            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.

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.        No development above slab level shall take place until details of all materials to be used for hard surfaced areas within the site including full details of the finalised materials have been submitted to and approved in writing by the Local Planning Authority.  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).

 5.        The landscaping works shown on drawing LSDP 1403-01 Rev E 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 species, size and maturity.

            Reason:  To  ...  view the full minutes text for item 5.

Councillor Woolner declared her interest in this item. She, therefore, did not vote on this item.

Councillor Oguchi declared that she had visited the site and heard concerns but that she had an open mind and was not pre-determined.

Councillor Guest said that she had been contacted by one of the registered speakers, David Di Cello, and she had told him how to register to speak.

The Case Officer, Jason Seed, introduced the report to Members and said that the application had been referred to the Committee due to the contrary views of Berkhamsted Town Council.

Charlotte Di Cello and David Jarrett spoke in objection to the application.

Town Councillor Garrick Stevens spoke in objection to the application.

Berkhamsted West Borough Councillor Nicky Woolner spoke in objection to the application.

Donald Shearer spoke in support of the application.

Councillor Guest asked for a proposer for the officer recommendation to GRANT planning permission.

There was no proposer for the officer recommendation.

Councillor Guest noted that the recommendation fell. She asked for a motion to REFUSE planning permission.

It was proposed by Councillor Maddern and seconded by Councillor Hobson to REFUSE the application on the grounds that the proposed development does not provide any amenity space, provides insufficient cycle storage and vehicle parking and results in an overdevelopment of the site. The proposed development is also of a scale and density which is not respectful of neighbouring properties, is overbearing on the street scene and is out of character with the surrounding area. The proposal is therefore contrary to Policies CS10, CS12, CS17, CS25 and CS27 of the Dacorum Borough Core Strategy (2013), Saved Appendix 3 and 5 of the Dacorum Borough Local Plan (2004) and the National Planning Policy Framework.

Vote:

For: 9                          Against: 0                    Abstained: 1     

Resolved: That planning permission be REFUSED.

The meeting adjourned at 8:53pm.

The meeting reconvened at 9pm.

The Case Officer, Robert Freeman, introduced the report to Members and said that the application had been referred to the Committee as it had been called in by Councillor Riddick. Councillor Riddick was concerned that the proposals may constitute the over development of the site.

Chipperfield Parish Councillor Bryant spoke in objection to the application.

Simon Rowberry spoke in support of the application.

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

Vote:

For: 6                          Against: 2                    Abstained: 3     

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

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:

            Drawing Nos 201-211

            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.        All new external rainwater and soil pipes shall be formed in metal and painted black.

            Reason:  To ensure that the character or appearance of the designated heritage asset is preserved or enhanced as required per Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990, Policy CS27 of the Dacorum Borough Core Strategy (2013) and Section 16 of the National Planning Policy Framework (2019).

 5.        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:

            - all external hard surfaces within the site;

            - other surfacing materials;

            - means of enclosure;

            - elevational and sectional details of any retaining structures;

            - soft landscape works including a planting scheme with the number, size, species and position of trees, plants and shrubs;

            - trees to be retained and measures for their protection;

            - full elevations for bin storage areas, bicycle stores and any other minor artefacts and structures (e.g. furniture, play equipment, signs, refuse or other storage units, etc.);

            - existing and proposed levels and contours  and

            - existing and proposed over ground and under ground services

            In the case  ...  view the full minutes text for item 7.

Councillor Woolner declared her interest and said that she had sat on the Town Planning Committee in consideration of this item. She, therefore, did not vote on this item.

The Case Officer, Colin Lecart, introduced the report to Members and said that the application had been referred to the Committee due to objection received from Berkhamsted Town Council.

Town Councillor Garrick Stevens spoke in objection to the application.

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

Vote:

For: 7                          Against: 1                    Abstained: 2      

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

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:

            12

            13

            17A

            20

            Application form (section 5 - materials)

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

3.         The windows on the first floor of the building hereby permitted (as shown on the approved plans) shall be obscure glazed and non opening. No new window openings shall be inserted onto the building without consent from the Local Planning Authority.

Reason: To protect the residential amenity of the adjacent properties in accordance with Policy CS12 of the Core Strategy (2013) and Saved Appendix 3 of the Local Plan (2004).

4.         The first floor of the building hereby permitted shall not be used for purposes other than ancillary storage space for number 9 Queens Road.

Reason: To protect the residential amenity of the neighbouring properties in accordance with Policy CS12 of the Core Strategy (2013) and Saved Appendix 3 of the Local Plan (2004)

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.

The Case Officer, Colin Lecart, introduced the report to Members and said that the application had been referred to the Committee due to objection from the Parish Council.

It was proposed by Councillor G Sutton and seconded by Councillor Maddern to GRANT the application in line with the officer’s recommendation.

Vote:

For: 8                          Against: 0                    Abstained: 3      

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

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:

            A 19 19 - O

            Stable Sketch (Stables Direct 28/08/2019)

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

Informatives:

Planning permission has been granted for this proposal. The Council acted pro-actively through positive engagement with the applicant during the determination process which led to improvements to the scheme. 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.

Councillor Riddick declared that the application site was in his ward but that he had an open mind.

The Case Officer, Elspeth Palmer, introduced the report to Members and said that the application had been referred to the Committee as it had been called in by Councillor Riddick.

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

Vote:

For: 10                        Against: 0                    Abstained: 1     

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

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.         No development, or works associated to the development that are likely to disturb the ground, approved by this permission shall be commenced until a Remediation Method Statement report, including a remedial options appraisal, has been submitted to and approved by the Local Planning Authority.

            Reason: To ensure that the issue of contamination is adequately addressed and to ensure a satisfactory development, in accordance with Core Strategy (2013) Policy CS32.

 3.        This site shall not be occupied, or brought into use, until:

            (i)         All works which form part of the Remediation Method Statement report pursuant to the discharge of condition 1 above have been fully completed and if required a formal agreement is submitted that commits to ongoing monitoring and/or maintenance of the remediation scheme.

            (ii)        A Remediation Verification Report confirming that the site is suitable for use has been submitted to, and agreed by, the Local Planning Authority.

            Reason: To ensure that the issue of contamination is adequately addressed and to ensure a satisfactory development, in accordance with Core Strategy (2013) Policy CS32.

 4.        Any contamination, other than that reported by the ST Consult Contamination Investigation Report (September 2019 - ref: JT0264) encountered during the development of this site shall be brought to the attention of the Local Planning Authority as soon as practically possible; a scheme to render this contamination harmless shall be submitted to and agreed by, the Local Planning Authority and subsequently fully implemented prior to the occupation of this site. Works shall be temporarily suspended, unless otherwise agreed in writing during this process because the safe development and secure occupancy of the site lies with the developer.

            Reason: To ensure that the issue of contamination is adequately addressed and to ensure a satisfactory development, in accordance with Core Strategy (2013) Policy CS32.

INFORMATIVES

            The above conditions are considered to be in line with paragraphs 170 (e) & (f) and 178 and 179 of the NPPF 2019.

            (I) The Environmental Health Team has a web-page that aims to provide advice to potential developers, which includes a copy of a Planning Advice Note on "Development on Potentially Contaminated Land and/or for a Sensitive Land Use" in use  ...  view the full minutes text for item 10.

That the following appeals were noted:

A.   LODGED

B.   WITHDRAWN

C.   DISMISSED

D.   ALLOWED

Philip Stanley went through the Quarterly Enforcement Report and noted a number of items.

Councillor Riddick made some comments and Philip Stanley answered his questions.