Agenda and minutes

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

The minutes of the meeting held on 11^th August 2022 were confirmed by the Members present.

Hard-copy minutes were signed by the Chair

To receive any apologies for absence

Apologies received from Councillor Durrant, Councillor Anderson is substituting.

Apologies received from Councillor McDowell.

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.

Part Demolition of Existing Hotel Premises and Associated

Buildings, Conversion of ‘Stable Lodge’ into 1 No. Dwelling, 36

No. Apartments and 24 No. Houses and Relocation of Existing

Mobile Home (Outline)

Bobsleigh Inn, Hempstead Road, Bovingdon, Hemel Hempstead,

Hertfordshire, HP3 0DS

Nigel Gibbs introduced the report to Members and said that the application had been referred to the Committee to review the material change of circumstances since the Committee’s decision upon the application on 15 August 2019

It was proposed by Councillor Beauchamp and seconded by Councillor Douris to move officer’s recommendation and DELEGATED with a view to APPROVAL.

Vote:

For:      11        Against:           0          Abstained: 1

Resolved: That planning permission be DELEGATED with a view to APPROVAL, with an additional heads of terms seeking an education contribution if necessary and meeting the s.106 tests.

Planning Conditions and Informatives

To match those granted by Members on 15.08.19, other than in the following respects (the changes are highlighted in bold):

Comment: These should be amended to include, the mobile home provision, Parking / Access Issues : Changes to Condition , including the provision of a fire hydrant(s) and the provision of bat mitigation plan.

Ecological enhancements

8. ‘An Ecological and Landscape Management Plan (including biodiversity enhancement and bat mitigation measures),  shall be submitted to, and approved in writing by, the local planning authority prior to the demolition of any buildings at the site, as part of the reserved matters. This shall include long term design objectives, a timetable, the permanent management responsibilities and maintenance schedules for the communal amenity and landscape areas, details of the mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body responsible for its delivery. The plan shall also set out (where the results form monitoring show that conservation aims and objectives of the plan are not being met) contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. Management Plan shall be carried out fully in accordance with the approved details.

Reason: In the interests of the character and appearance of the site and biodiversity in accordance with Policies CS5, CS12, CS13, CS25, CS26 and CS29 of Dacorum Core Strategy 2013 and saved Policies 99, 100, 102 and 113 and Appendices 3 and 8 of Dacorum Local Plan’.

Mobile Home Provision

12. The provision of one mobile home shall be ready for full occupation with all services, including all fire access arrangements, in advance of the removal and clearance of any part of the mobile home park and before any demolition works ( excluding the demolition of the existing garage to facilitate the accommodation of the mobile homes) and before the commencement of the development herby permitted a Demolition Method Statement shall be submitted to and approved in writing by the local planning authority for a management schem . The development shall be carried out fully in accordance  ...  view the full minutes text for item 5.

Construction of a detached industrial building comprising 3 units

(each with flexible use within Use Classes E(g)(iii) / B8) with

associated car parking, landscaping and other associated works.

Binghams Park Farm Potten End Hill Water End Hemel Hempstead

Hertfordshire HP1 3BN

Councillor Douris declared an interest in item 5b and confirmed that he was coming to the meeting with an open mind.

Nigel Gibbs presented the report on behalf of the James Gardner, and said that the application had been referred to the Committee due to Contrary view of Great Gaddesden Parish Council.

Tony Martin spoke in objection to the application.

Benjamin Borthwick spoke in support of the application.

It was proposed by Councillor Anderson and seconded by Councillor Stevens to GRANT the application in line with officers recommendations, with an additional condition preventing external storage and an additional informative in respect of refuse collections.

Vote:

For:  8              Against: 2                    Abstained: 2

Resolved: That planning permission be GRANTED.

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

            V21-161-SPL04_B     Proposed Site Block Plan

            V21-161-SP01_B       Proposed Site Layout Plan

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

 3.        Notwithstanding the details shown on drawing no. V21-161-P01 (Rev. A), no development above slab level shall commence until details of a scheme to replace the precast concrete panels on the side elevations of the building with brick / brick cladding has been submitted to and approved in writing by the local planning authority. The scheme shall visually illustrate the extent of the brickwork and provide the specifications for the brick (i.e. manufacturer and type). 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 Chilterns Area of Outstanding Natural Beauty, in accordance with Policies CS11, CS12 and CS24 of the Dacorum Core Strategy (2013) and Policy 97 of the Dacorum Local Plan (2004).

 4.        The building(s) hereby approved shall at no time be serviced by articulated vehicles.

            Reason: In the interests of highway safety, in accordance with Policy CS12 of the Dacorum Core Strategy (2013) and Policy 51 of the Dacorum Local Plan (2004).

 5.        No development above slab level shall take place until details of fire hydrants or other measures to protect the development from fire have been submitted to and approved in writing by the local planning authority. Such details shall include provision of the mains water services for the development whether by means of existing water services, new mains, or extension to or diversion of existing services where the  ...  view the full minutes text for item 6.

Change of use of basement from restaurant to hot food take-away

(Cloud kitchen concept).

Basement At 65 High Street, Hemel Hempstead, Hertfordshire, HP1

3AF

Councillor Beauchamp declared an interest in item 5c, as he called the item in. Councillor Beauchamp confirmed that he would not take any part in the discussion or voting.

The Case Officer, Nigel Gibbs, introduced the report to Members and said that the application had been referred to the Committee as it was called in by Councillor Beauchamp and Deferred by DMC on 14th July 2022

It was proposed by Councillor Douris and seconded by Councillor Anderson to GRANT the application in line with officers recommendations.

Vote:

For:       7         Against:           1          Abstained:  3

Resolved: That planning permission be GRANTED.

RECOMMENDATION - That planning permission be GRANTED subject to the following conditions:

Condition(s) and Reason(s):

 1.        Following 18 months from the implementation of the use hereby permitted, an updated Delivery Statement shall be submitted to the local planning authority confirming how the use has operated, whether there has been a requirement for delivery drivers to use St Mary's Car Park and a delivery plan demonstrating how the delivery service would be subsequently operated.  The use shall thereafter be carried out fully in accordance with the approved details.

            Reason: In the interests of residential amenity and highway safety in accordance with Policies CS8, CS12 and CS32 of the Dacorum Core Strategy (2013).

 2.        There shall be no customer collection of take away food after midnight each day and the take away component shall only be ancillary to the approved courier based use in accordance with the submitted Planning Statement.

            Reason: In the interests of residential amenity in accordance with Policies CS8, CS12 and CS32 of the Dacorum Core Strategy (2013) and for the avoidance of doubt.

3.         Notwithstanding the hours of use specified by the submitted application form, after 6 months of the first use of the application site for the use hereby permitted, a Residential Impact Report shall be submitted to and approved in writing by the Local Planning Authority. The Residential Impact Report shall detail how the use has operated during this initial 6-month period, any impact of the use after 01.30 upon the residential amenity of the area, and details of the same or alternative hours of use that will operate thereafter. Thereafter, at all times, the use shall operate fully in accordance with the approved same or alternative hours of use detailed in the Residential Impact Report. If no Residential Impact Report is approved by the Local Planning Authority within 12 months of the first use of application site for the use hereby permitted, the operation shall cease at 1:30 a.m.

Reason: In the interests of the residential amenity of the locality in accordance with Policies CS12 and CS32 of the Dacorum Core Strategy (2013), as the use after 01.30 requires review.

4.         The development hereby permitted shall be carried out in accordance with the following approved plans/documents:  ...  view the full minutes text for item 7.

Variation of Condition 5 (Approved Plans) attached to planning

permission 20/00393/ROC (Variation of Condition 5 (Approved

Plans) Attached to Planning Permission 4/01888/17/FHA (Single

and two storey front extensions, single storey side extensions and

enlarge and convert roofspace, all with front and rear velux

windows))

17 Whytingham Road, Tring, Hertfordshire, HP23 5JN

The Case Officer, Martin Stickley, introduced the report to Members and said that the application had been referred to the Committee due to an 0bjection from Tring Town Council

Ward Councillor Penny Hearn, Gavin Bayliss, Neil Fraser and Graham Foster spoke in objection to the application.

Gregg Mann spoke in support of the application.

As there was no proposer or seconder to grant the application in line with officer’s recommendations, the recommendation fell due to lack of proposer.

It was then proposed by Councillor Anderson and seconded by Councillor Hobson to overturn the officer’s recommendation and refuse the application.

Vote:

For:      11        Against:           0          Abstained: 1

Resolved: That planning permission be REFUSED.

The proposed delux Cabrio windows would result in an unacceptable level of overlooking and loss of privacy to neighbouring properties, specifically their private amenity spaces. As such, the proposal would fail to comply with Policy CS12 of the Dacorum Borough Core Strategy (2013) which, amongst other things, requires development proposals to avoid loss of privacy to surrounding properties; and Paragraph 130(f) of the National Planning Policy Framework (2021), which requires development proposals to provide a high standard of amenity for existing users.

Single storey front extension, demolition of part of garage, 2 single

store rear extensions and associated alterations.

18 Bartel Close, Hemel Hempstead, Hertfordshire, HP3 8LX

Cllr Stevens declared an interest in item 5e, as he knows the objector. He confirmed that they had not discussed the application and he was coming to it with an open mind.

The property is owned by a member of the Conservative Group, but Nargis Sultan clarified that Conservative members of the Committee could vote on it. (They had not discussed the application with Cllr Bassadone.)

Philip Stanley introduced the report on behalf of Jane Miller, and said that the application had been referred to the Committee, as the site property is owned by CouncillorBassadone.

Gary MacDonald spoke in objection to the application.

Martin Dowling spoke in support of the application.

It was proposed by Councillor Maddern and seconded by Councillor Hobson to DELEGATED with a view to APPROVAL in line with officers recommendations.

Vote:

For:       9         Against:           0          Abstained: 3

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) through financial contributions secured by legal agreement.

Condition(s) and Reason(s):

 1.        The development hereby permitted shall begin before the expiration of three years from the date of this permission.

            Reason:  To comply with the requirements of Section 91 (1) of the Town and Country Planning Act 1990, as amended by Section 51 (1) of the Planning and Compulsory Purchase Act 2004.

 2.        The development hereby permitted shall be constructed in accordance with the materials specified on the application form and plans.

            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.        The annexe hereby permitted shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling known as 18 Bartel Close, Hemel Hempstead, Hertfordshire.

            Reason:   To ensure that the annexe is not severed from the main dwelling to provide a self-contained dwelling unit, since this would be out of character with the area, and contrary to the provisions of Policies CS11 and CS12 of the Core Strategy (2013).

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

            453/04 site location plan

            453/17 rev C proposed block plan (showing off street parking provision)

            453/18 rev C proposed ground floor plan

            453/19 rev B proposed first floor plan

            453/20 rev B proposed elevations

            453/21 rev B proposed elevations

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

Informatives:

1.           Planning permission has been granted for this proposal. The Council acted  ...  view the full minutes text for item 9.

Philip Stanley introduced the report, noting that the Council had had only one allowed appeal since March this year.

Cllr Hollinghurst thanked the Officers involved in the Lila’s Wood Hearing. Cllr Anderson thanked the Enforcement Officers for their work at 1 The Orchard, Kings Langley.

Cllr Beauchamp requested an advice note on the difference between Planning in Principle and Outline Planning Applications. Philip Stanley said this would be provided.

The Appeals Update report was noted.