Agenda and minutes

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

A minutes silence was held to remember MP David Amess who was tragically killed in Southend whilst undertaking is duties as a Member of Parliament

The minutes of the meeting held on 23rd September were confirmed by the Members present.

Hard-copy minutes were signed by the Chair

It was noted that the agenda states that Cllr Wyatt-Lowe was the Vice chair this has since changed and Cllr Beauchamp was now the Vice chair. This will be corrected on agendas going forward.

To receive any apologies for absence

Apologies were received from Cllr Woolner (Substitute Cllr Stevens)

Apologies received from Cllr Durrant (Substitute Cllr Anderson)

Apologies were received from Cllr Uttley

Apologies were received by Cllr Maddern

Cllr Oguchi arrived at 20.08

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 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

All conservative Councillors raised a personal interest as this application is for a member of the Conservative party, they were able to take part in the discussion and voting as the declarations were not prejudicial.

The report was introduced by the case officer Robert Freeman

It was proposed by Councillor Beauchamp and seconded by Councillor Stevens that it be Granted

Vote:

For:  10          against:  0                 Abstained: 1

Resolved; Granted

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:

0854/01E (Location Plan and Proposed Site Plan)

0854/03B (Proposed Shelters and Store Details)

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

3. Prior to the first use of any structures hereby permitted all tipi (or tepee) located upon the site shall be permanently removed from site.

Reason: The erection of the proposed structures would result in some undesirable impacts on the openness, character and appearance of the Green Belt. The removal of the tipi (or tepee) would result in visual mitigation in accordance with Policies CS1 and CS5 of the Dacorum Borough Core Strategy (2013).

4. No camping shall take place on the site apart from in the designated ' area (44.5 x 25m)' as defined on drawing 0854/01E.

Reason:  To safeguard the amenity of the neighbouring residents in accordance with Policy CS12 of the Dacorum Borough Core Strategy, for the avoidance of doubt and to accord with the details provided by the applicant.

The report was introduced by the case officer Robert Freeman

There was a change to the recommendation and it was now:

Delegate with a view to approval subject to the satisfactory completion of a ground based assessment of the bat roosting potential of the trees to be removed, and further surveys if necessary. This delegated authority is to include the imposition of bat conditions as required by the ground based assessment, additional surveys and mitigation strategies.

It was proposed by Councillor Williams and seconded by Councillor Douris that it be Delegate with a view to approval.

Vote:

For:   5           against:  1                 Abstained: 4

Resolved; Delegate with a view to approval

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 of the superstructure hereby permitted shall take place until samples of the materials to be used in the construction of the external surfaces of the building hereby approved have been submitted to and approved in writing by the local planning authority. 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).

3. No construction of the superstructure shall take place until details of proposed sustainability measures within the development shall be submitted to and agreed in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved details unless otherwise agreed in writing with the Local Planning Authority.

Reason:  To ensure the sustainable development of the site in accordance with the aims of Policies CS28 and CS29 of the Dacorum Borough Core Strategy (2013), the Sustainable Development Advice Note (2016) and Paragraphs 154 and 157 of the National Planning Policy Framework (2021).

4.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;

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

- minor artefacts and structures (e.g. furniture, play equipment, signs, refuse or other storage units, etc.)

The planting 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  ...  view the full minutes text for item 5b

Cllr Stevens made a declaration of interest and will not take part in the discussion or vote.

The report was introduced by the case officer Colin Lecart

CLecart advised there was a change to condition 4 of the published report.

It was proposed by Councillor Williams and seconded by Councillor Anderson that the application be Granted     

Vote:

For:     9   against:    0         Abstained: 1

Resolved:  Granted

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.       The development hereby permitted shall be carried out in accordance with the following approved plans/documents:

            AP(0)004 Rev C

            AP(0)020

            AP(0)021

            AP(0)022

            AP(0)023

            AP(0)024

            AP(0)025

            AP(0)026

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

 3.       No development (excluding demolition/ground investigations) shall take place until full 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 above ground works 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:

            o          all external hard surfaces within the site;

            o          other surfacing materials;

            o          means of enclosure;

            o          soft landscape works including a planting scheme with the number, size, species and position of replacement trees for those removed, plants and shrubs, as well as details for the proposed green roofs.

            o          minor artefacts and structures (e.g. furniture, play equipment, signs, refuse or other storage units, etc.); and

            The planting 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 similar species, size and maturity.

            Reason:  To improve the appearance of the development and its contribution to biodiversity and the local environment, as required by saved Policy 99 of the Dacorum Borough Local Plan (2004) and Policy CS12 (e) of the Dacorum Borough Council Core Strategy (2013).

 5.       Tree protection measures for the development hereby permitted shall be carried out in accordance with the submitted Arboricultural Method Statement and Tree Protection Plan contained within the submitted Aboricultural Impact Assessment, Method Statement  ...  view the full minutes text for item 5c

The report was introduced by the case officer Daniel Terry

It was proposed by Councillor Anderson and seconded by Councillor Wyatt-Lowe that the application be Granted     

Vote:

For:  5   against:      3         Abstained: 2

Resolved:  Granted

Conditions:

1.     Details of the access, appearance, landscaping, layout and scale (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the local planning authority before any development takes place and the development shall be carried out as approved. Application for approval of the reserved matters shall be made to the local planning authority not later than 3 years from the date of this permission.

Reason: To comply with the provisions of Section 92 (2) of the Town and Country Planning Act 1990.

2.     The development hereby permitted shall begin no later than 2 years from the date of approval of the last of the reserved matters to be approved.

Reason: To comply with the provisions of Section 92 (2) of the Town and Country Planning Act 1990.

3.     The development hereby permitted shall be carried out in accordance with the following approved plans/documents:

Location and Site Plan as Existing (001)

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

4.     The details of access to be submitted for the approval of the local planning authority in accordance with Condition (1) above shall include details of the dropped kerb and visibility splays to either side of the access along Christchurch Road. The development shall be constructed in accordance with the approved details.

Reason: For the avoidance of doubt and to ensure a means of access to the development in accordance with Policy CS12 of the Dacorum Core Strategy September 2013 and saved Policies 51 and 54 of the Dacorum Borough Local Plan 1991-2011.

5.     The details of landscaping to be submitted for the approval of the local planning authority in accordance with Condition (1) above shall include:

-       hard surfacing materials, which shall include the access road;

-       means of enclosure;

-       soft landscape works which shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment);

-       schedules of plants (to include structurally diverse habitat and local species of provenance), noting species, plant sizes and proposed numbers/densities where appropriate;

-       programme of management for the soft planting;

-       proposed finished levels or contours;

-       details of enclosure / screening of bin store locations;

-       minor artefacts and structures (e.g. furniture, refuse or other storage units, signs, lighting, etc.).

The approved landscape works shall be carried out prior to the first occupation of the development hereby permitted. The trees, shrubs and grass shall subsequently be maintained for a period of five years from the date of planting and any which die or are destroyed during this period shall be replaced during the next planting season and maintained until satisfactorily established.

Reason: To ensure a satisfactory appearance to the development and to safeguard the visual character of the immediate area  ...  view the full minutes text for item 5d

The report was introduced by the case officer Natasha Vernal

It was proposed by Councillor Hobson and seconded by Councillor Stevens that the application be Granted

Vote:

For:  3            against:  5                 Abstained: 3

Alternative motion to refuse

It was proposed by Councillor Beauchamp and seconded by Councillor McDowell that the application be Refused

Vote:             

For:     6          Against 2                   Abstained 3

Resolved:  Refused

Due to its size, bulk and massing the proposed extension would diminish the gap between Greenbanks and Trinity (Toms Hill Road), resulting in a loss of permeability and harming importing views through the site. Consequently the proposed development would be detrimental to the character and appearance of the street scene and the character and distinctiveness of the Aldbury Conservation Area. The proposals are therefore contrary to Policies CS11(b), CS12(f) and CS27 of the Dacorum Borough Core Strategy (September 2013), Saved Policy 120 of the Dacorum Borough Local Plan (1991-2011), and the Aldbury Conservation Area Character Appraisal (2008).

Cllr Anderson declared a personal interest as the ward Cllr however comes with an open mind.

The report was introduced by the case officer James Gardner, who stated that there was an error in Condition 4 in that this should read ‘the larger of the two bedrooms’ and not ‘the smaller of the two bedrooms’.

It was proposed by Councillor Williams and seconded by Councillor McDowell that the application be Granted

Vote:

For:   9           against:                     Abstained: 2

Resolved: 

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.       The development hereby permitted shall be carried out in accordance with the following approved plans/documents:

            PP1 - Proposed Parking (received on 21/09/21)

            PP1 - Proposed Parking (received on 09/09/21)

            Proposed Elevations (received on 16/07/21)

            Proposed Floorplans (received on 16/07/21)

            Location Plan 45 Degree Rule (received on 07/10/21)

            Proposed Rear Elevation 45 Degree Rule (received on 07/10/21)

            Street Scenes Front (received on 07/10/21)

            Street Scenes Side (received on 07/09/21)

            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).

 4.       The window serving the larger of the two bedrooms at Raised Ground Floor level, as shown on the Proposed Floor Plan (received on 16/07/21), in the western elevation of the extension hereby permitted shall be non-opening below 1.7 metres from finished floor level and permanently fitted with obscured glass (minimum of Level 3 on the Pilkington Scale) unless otherwise agreed in writing by the Local Planning Authority.

            Reason:  In the interests of the residential amenities of the occupants of no. 3 The Orchard in accordance with Policy CS12 (c) of the Dacorum Borough Council Core Strategy (2013) and Paragraph 130 (f) of the National Planning Policy Framework (2021).

 5.       Prior to the first use of the extension hereby permitted the vehicular access and parking areas shall be completed and thereafter retained as shown on drawing number PP1 (received on 21/09/21).  Arrangements shall be made for surface water to be intercepted and disposed of separately so that it does not discharge from or onto the highway carriageway concurrently with the access being brought into use.

            Reason: To ensure satisfactory access into the site, a satisfactory level of parking and to avoid extraneous material or surface water from impacting the highway, in accordance with Policies CS12 and CS31 of the Dacorum Core Strategy (2013) and Policy 51 of the  ...  view the full minutes text for item 5f

Cllr Stevens declared a declaration of interest and did not contribute in the discussion or voting

The report was introduced by the case officer Heather Edey

It was proposed by Councillor Anderson and seconded by Councillor Beauchamp that the application be Granted

Vote:

For:    2          against:  6                 Abstained: 2

Alternative motion to refuse

It was proposed by Councillor Williams and seconded by Councillor McDowell that the application be Refused

Vote:

For 6              Against 0                   Abstained 4

Resolved:  Refused

Due to its height, length across the frontage of the site, and solid massing, the proposed fencing and gates have a very jarring appearance at odds with the prevailing soft and verdant character of the street scene, thereby causing significant harm to the character and appearance of the area. The proposals are therefore contrary to Policy CS12 of the Dacorum Borough Core Strategy (September 2013) and Supplementary Planning Guidance ‘Area Based Policies’ (2004) BCA12

Philip Stanley introduced this item, highlighting a number of key appeal decisions within the report, and was happy to take questions from the committee.

Cllr Hobson asked about the applications that they have refused at committee that has then been allowed at appeal, meaning that they could or should on balance have been granted. She wanted to know if his assessment was that as a committee they were performing well in relation to ones that they had refused and were the decisions they were making consistent with the appeal outcome. From that she had read in the report and listening to the statistics PStanley had read she felt like they were performing ok. She asked for PStanley’s view on this

PStanley said he felt that that was a fair summary that the committee are doing well, however it’s generally the controversial items that come before committee therefore it is not a fair comparison between the percentages of delegated decisions and the percentages of decisions that come to Development Management Committee. In 2021 of the 6 decisions bought to Development Management where members had voted against the officer’s recommendation, 3 were allowed and 3 were refused at appeal. They may well be lessons to be learnt when it comes to appeal decisions and he was happy to run some training, they could look at the decisions that were allowed at appeal. However he felt that Cllr Hobsons assessment was fair and that the committee were performing well.

Cllr Anderson said that it can be a sensitive area when they talk about how the committee are performing. It could be argued that, is there such a thing as a right decision, is the right decision not getting it overturned by the planning inspectorate, or is the right thing getting it right according to your own planning belief’s and judging each case on its own merits. They do have a performance indicator that’s included with the other performance indicators about the proportion of appeals allowed that is reviewed quarterly by the SPAE OSC and it’s a tricky area, and he thought that if someone were take a view that it’s a sign of good performance if no decisions were overturned then that’s great, if one was to take the view that on occasion the planning decision was different to the point where it ultimately got overturned and that could be judges as good performance. It’s very subjective, he thinks that their turnover number are quite low which shows that they are making their decisions stick.

Cllr Anderson referenced the appeal decision for Wilstone, he said that he felt that member should play close attention to that, they refused at committee one for a smaller number of properties in Markyate and that has now gone to appeal and they will await the decision on that.

RFreeman wanted to comment and say that it was worth noting that as of yet, despite us making decision that the inspectorate hasn’t agreed with, they are not opening  ...  view the full minutes text for item 6.