Agenda and minutes

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

The minutes of the meeting held on 14 July 2022were confirmed by the Members present.

Hard-copy minutes were signed by the Chair

To receive any apologies for absence

Apologies received from Councillor Guest, Councillor Peter will be Substituting.

Councillor Beauchamp will be Charing the meeting and Councillor Wyatt-Lowe is acting as Vice-Chair.

Councillor Tindall gave apologies and Councillor Foster is substituting.

Apologies from Councillor Maddern and Councillor Hobson

Councillor Timmis will be substituting on behalf of Councillor Williams

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 Beauchamp 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.

The order of applications was changed to allow for anyone wanting to speak on an application to be heard. Items 5b & 5j were moved to the end as they did not have public speakers.

Item

5a.

5b

5f

5c

5d

5e

6

5a.       21/04352/MFA Demolition of existing light industrial building. Construction of mixed use development comprising 2 storey commercial building,

with foodbank, bike workshop, office space and cafe area. Seven

storey residential building (6 storey from main entrance plus lower

ground floor to access ancillary spaces and parking) comprising

56 residential units, mix of 1 and 2 bedrooms, bin store, cycle store

and parking. Associated parking spaces, scooter store and landscape

Unit 4 The Hub Paradise Hemel Hempstead Hertfordshire HP2 4TF

The Case Officer, James Gardner introduced the report to Members and said that the application had been referred to the Committee as the application has been submitted by  Dacorum Borough Council’s Housing Development Team.

It was proposed by Councillor Wyatt-Lowe and seconded by Councillor Douristo DELEGATED with a view to APPROVAL.

Vote:

For: 6               Against:            2           Abstained: 1

Resolved: That planning permission beGRANTED

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 Beechwoods Special Area of Conservation (SAC) through financial contributions secured by legal agreement; drainage matters being satisfactorily addressed in conjunction with the Council’s independent drainage consultants, and entering into a section 106 agreement for the purpose of securing affordable housing provision.

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:

5b.       22/01067/ROC             Variation of Conditions 6 (Landscaping), 8 (Parking and Circulation), 9, 10 (Drainage) and 16 (Approved Plans) attached to planning permission 4/01922/19/MFA (Comprehensive redevelopment of the site to provide 21,726 square metres of flexible B1 c) B2 or B8 floorspace with ancillary offices, parking and landscaping)

3A Blossom Way, Hemel Hempstead, Hertfordshire

Council Douris declared an interest in this item and declared that he is coming with an open mind.

The Case Officer Fiona Bogle introduced the report on behalf of Robert Freeman and said that the application had been referred to the Committee as the application is a large scale major application linked to a recent S.106 Agreement under Section 106 of the Town and Country Planning Act 1990 (As Amended) and as such is excluded from consideration at the officer level in accordance with the Scheme of Delegation

It was proposed by Councillor Durrant and seconded by Councillor Riddick to Grant application.

Vote:

For:       8         Against: 0                     Abstained: 0

Resolved: That planning permission be GRANTED.

RECOMMENDATION

That planning permission be GRANTEDsubject to the following conditions:

Condition(s) and Reason(s):

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

            284474_ARP-00-01R-DR-A-00001 Revision P05 – Site Layout

            284474_ARP-00-01R-DR-A-00010 Revision P05 – Proposed Site Plan

            284474-ARP-00-00L-DR-A-00015 Revision P05 – Car Parking Layout

            284474-ARP-00-XX-DR-A-00024 Revision P04 – Security Fence Layout

            284474- ARP-00-00-DR-A-02000 Revision P05 – GA Ground Floor

            284474-ARP-00-02R-DR-A-02250 Revision P04 – Roof Plan

            284474_ARP-01-XX-DR-A-04000 Revision P04 – Colour Elevations

            284474-ARP-01-XX-DR-A-04001 Revision P05 – Proposed Elevations

            28744 -ARP-04-XX-DR-A-04002 Revision P02 – Security Hut

2874474 -ARP-00-XX-DR-A-02050 Revision P01 – First/Second floor admin block

            284474-ARP-01-XX-DR-A-05000 Revision P05 – Sections

            SK-ARP-CH-01 Revision P04 – Levels Plan

            SK-ARP-CD-01 Revision P05 - SWD Plan

            2255-22-01 Revision L– Landscape Concept Plan

            2255-22-02 Revision C – Landscape Concept Sections

            ARP -001- Planning Statement

ARP-002 – Design and Access Statement

ARP-003 – Landscape Design Statement

ARP-004 – Transport Assessment

            ARP-005 – Flood Risk Assessment and Drainage Strategy

            ARP-006 – Air Quality Assessment

ARP-007 Revision E – External Lighting Design Report

ARP-008 – Acoustic Noise Impact Assessment

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

 2.        All hard and soft landscape works shall be carried out in accordance with drawings 2255-22-01 Revision L (Landscape Concept Plan) 2255-22-02 Revision C (Landscape Section Plan) 284474-ARP-00-00L-DR-A-00015 P05 (Car Parking Layout) and 284474-ARP-00-XX-DR-A-00024 Revision P04 (Fence Layout). The works shall be carried out prior to the occupation of any part of the development or in accordance with a programme agreed with 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 Policies CS12 and CS13 of the Core Strategy and Saved Policies 99 and 100of the Local Plan.

3.         A landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas shall be submitted to and approved by the local planning authority prior to the occupation of  ...  view the full minutes text for item 7.

5c.       22/01040/ROC  Variation of Condition 2 (Approved plans) attached to planning permission 20/01754/MFA (Construction of 28 residential units with associated access, parking and landscaping)

Land off Tring Road, Wilstone

The Case Officer, Joan Reid presented the report on behalf of Robert Freeman and said that the application had been referred to the Committee due to the committee’s previous refusal of planning application 20/01754/MFA.

It was proposed by Councillor Wyatt-Lowe and seconded by Councillor Peter to DELEGATED with a view to APPROVAL

Vote:

For:  8              Against: 0                     Abstained: 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 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)

Condition(s) and Reason(s):

 1.        The development hereby permitted shall begin before the 25^th August 2023

            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:

            Plans

            P220 BS 01 (Bike Store)

P220 DG 01 (Detached Garage)

P220 LP 01 Revision B (Location Plan)

P220 SP 01 Revision R (Proposed Site Plan)

P220 SP 03 Revision D (Proposed Materials Plan)

P220 SP 04 Revision C (Proposed Parking Plan)

P220 T 553 01 Revision B (Elevations to Plots 8 to 11)

P220 T 553 02 Revision A (Floor Plans to Plots 8 to 11)

P220 T 754 851 01 Revision A (Elevations to Plots 6 and 7)

            P220 T 754 851 02 (Floor Plans to Plots 6 and 7)

            P220 T 851 01 Revision A (Elevations to Plots 12 to 14)

P220 T 851 02 (Floor Plans to Plots 12 to 14)

P220 T 851 03 Revision B (Elevation to Plots 17 and 18)

P220 T 851 04 (Floor Plans to Plots 17 and 18)

P220 T 953 02 Revision A (Elevations to Plots 19 and 20)

P220 T 953 03 Revision A (Floor Plans to Plots 19 and 20)

P220 T 974 01 Revision C (Elevations to Plots 2, 21 and 24)

P220 T 974 02 Revision B (Floor Plan to Plots 2, 21 and 24)

P220 T 974 03 Revision B (Elevation to Plot 15)

P220 T 974 04 Revision B (Elevation to Plot 16)

P220 T 974 5 Revision B (Elevation to Plot 25)

P220 T 974 06 Revision B (Floor Plan to Plots 16 and 25)

P220 T 974 07 Revision A (Floor Plan to Plot 15)

P220 T 1003.01 Revision B (Elevations to Plots 4 and 5)

P220 T 1003.02 Revision A (Floor Plans to Plots 4 and 5)

P220 T 1334 01 Revision B (Elevations to Plots 3)

P220 T 1334 02 Revision B (Floor Plans to Plots 3)

P220 T 1334 03  ...  view the full minutes text for item 8.

5d.       21/04246/FUL               Retention of the existing marquee for a maximum of 30 events each calendar year.

The Watermill Hotel London Road Bourne End Hemel Hempstead Hertfordshire HP1 2RJ

The Case Officer, Nigel Gibbs introduced the report to Members and said that the application had been referred to the Committee as in the opinion of the Assistant Director, given the decision to grant temporary permission in respect of application 4/00206/17/MFA was taken by DMC, the extension to the temporary grant of permission be also taken by Development Management Committee.

It was proposed by Councillor Wyatt-Lowe and seconded by Councillor Stevens to GRANT the application.

Vote:

For:  5              Against:            2           Abstained: 2

Resolved: That planning permission be GRANTED.

RECOMMENDATION

That planning permission be Delegated with a view to approval subject to notification being sent to the Secretary of State in accordance with The Town and Country Planning (Consultation) (England) Direction 2009 and subject to the following conditions:

Condition(s) and Reason(s):

 1.        The marquee hereby permitted shall be totally dismantled and permanently removed from the site on or before 1 September 2024.

            Reason: In the interests of safeguarding the Green Belt in accordance with Policy CS5 of the Dacorum Core Strategy. The marquee represents inappropriate development in the Green Belt. Such development is by definition harmful to the Green Belt. There are very special circumstances for the local planning authority to support this inappropriate development in the Green Belt for this specified period.

 2.        The marquee hereby permitted shall only be used for the holding of functions by the Watermill Hotel for a maximum of 30 events in each calendar year, with 18 events until 24.00 hours (midnight) and 12 events until 23.00 hours. There shall be no use between 24.00 hours and 9.00 hours.

            Reason: To safeguard the character of this part of the Green Belt countryside and its local environment, including the residential and canalside amenity, in accordance with Policies CS 5 (criteria ii), CS10, CS12 and CS25 of the Dacorum Core Strategy ( 2013) and saved Policy 106 of Dacorum Borough Local Plan (2004).

 3.        Following the last use of the marquee subject to this planning permission the land used for the installation of the marquee shall be reinstated by re-seeding grass during the planting season starting 1 October 2024. Following this, an ecological management plan for the land the area shall be carried out fully in accordance with a scheme submitted to and approved in writing by the local planning authority.

            Reason: In the interests of safeguarding character and appearance of this part of the Green Belt and biodiversity in accordance with Polices CS5, CS25 and CS29  of the Dacorum Core Strategy (2013).

 4.        Prior to the first use of the marquee hereby permitted a written Noise Management Plan shall be submitted and agreed by the Local Planning Authority which specifies the provisions to be made for the control of noise emanating from the site. The Noise Management Plan shall include, but not  ...  view the full minutes text for item 9.

5e.       22/00919/FUL               Demolition of existing outbuilding and construction of new dwelling, with new access and associated works

Land Adjacent To Finch Cottage Tower Hill Chipperfield Kings Langley Hertfordshire WD4 9LN

The Case Officer, Joan Reid presented the report on behalf of Patrick Doyle, and said that the application had been referred to the Committee as DMC previously refused scheme on same site

It was proposed by Councillor Douris and seconded by Councillor Durrant to DELEGATED with a view to APPROVAL

Vote:

For:      7          Against: 0                     Abstained: 2

Resolved: That planning permission be DELEGATED with a view to APPROVAL.

RECOMMENDATION

That planning permission be GRANTED, subject to conditions.

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 demolition (or any roof works) of any of the existing buildings on site, bat survey(s) shall be undertaken by a qualified professional to establish the presence or absence of bats in the internal roof space and submitted to and approved in writing by the Local Planning Authority.  Should bats be found, the appropriate mitigation measures and contingency plans shall be implemented in accordance with the approved details.

            Reason:  To identify and ensure the survival and protection of important species and those protected by legislation that could be adversely affected by the development, having regard to Policies CS26 and CS29 of the Dacorum Borough Core Strategy and Paragraph 174 of the National Planning Policy Framework (2021).

 3.        Notwithstanding the details shown on the plans, no development (excluding demolition/ground investigations) shall take place above slab level 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 shall take place above slab level 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   the proposed garden shed;

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 trees, plants and shrubs;

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

o   retained historic landscape features and proposals for restoration, where relevant.

            The planting must be carried out within one planting season of completing the development.

            Any tree or shrub which  ...  view the full minutes text for item 10.

5f.        21/04555/FUL               Construction of 3x 2 bedroom and 3x 3 bedroom dwellings with associated site works and landscaping.

Land R/o 21 Water End Road Potten End Berkhamsted Hertfordshire

Councillor Douris declared an interest in the item, as he is the ward Councillor. He is aware of the discussions around this application, but declared he is coming with an open mind.

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

Eileen Howard Dave Newman and Nettleden Parish Councillor Dina Westenholz-Smith spoke in objection to the application.

Having there been no proposer and seconder to DELEGATED with a view to APPROVAL the Chair asked the committee to vote, who was in favour of the application.

Having there been no majority to DELEGATED with a view to APPROVAL the application falls.

Vote:

For:      0          Against:            8           Abstained: 1

Having there been no majority to delegate with a view to approval in line with Officers recommendations, It was proposed by Councillor Douris and seconded by Councillor Durrant to overturn the Officer’s recommendation and REFUSE the application

Vote:

For:      8          Against:            0          Abstained: 1

Resolved: That planning permission be REFUSED

By virtue of its width, length and the number of dwellings it would serve, the access road would not be suitable for its intended purpose and potentially result in vehicles reversing on to Water End Road. In addition, it has not been demonstrated that there would be sufficient manoeuvrability for a refuse collection vehicle to enter the proposed development, turn, and exit in a forward gear.

As a result, the access road and the layout of the development is such that it would not provide a safe and satisfactory means of access for all users and be detrimental to highway safety, contrary to Policy CS12 of the Dacorum Core Strategy (2013) and Policy 51 of the Dacorum Local Plan (2004).

Noted