Agenda and draft minutes

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

The minutes of the meeting held on 20 June 2024 were confirmed by the Members present.

Hard-copy minutes were signed by the Chair

To receive any apologies for absence

Apologies received from the Councillor Durrant, Riddick and Maddern. Councillor Williams substituted for Riddick.

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 Stevens 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 Stevens 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.

1.      The items were heard in the following order

5a

5c

5d

Councillor Mitchell left at 8:40 before item 5b was heard.

5b

5a.

23/02972/MFA

Planning application for the change of use from agricultural land to Suitable Accessible Natural Green Space (SANG), together with a vehicular access, car park, paths, fencing and landscaping

Proposed SANG Site Castle Hill, Berkhamsted, Hertfordshire 

Councillor Stevens declared that he is the planning Chair at Berkhamsted Town Council. He confirmed that he was coming to the meeting with an open mind and has taken no part in any discussions regarding this item.

Councillor Walker arrived at 19:25

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

Emma Burrows spoke in objection to the application.

John Kelly spoke in support of the application.

It was proposed by Councillor Guest and seconded by Councillor Williams to DELEGATE with a view to APPROVAL.

The need for additional public access points were added to Condition 8 and the reasons for the landscaping and fencing conditions were expanded to include avoid impacting alpacas.

Vote:

For:                 Against:                       Abstained:

7                      0                                  4

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

RECOMMENDATION

13.1 That planning permission be delegated with a view to APPROVAL subject to the completion of a section 106 agreement which secures, inter alia, the management and maintenance of the land as SANG for a minimum period of 80 years.

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:

CSA/6667/115 (Rev. J)     SANG Landscape Strategy

CSA/6667/SK03 (Rev. A)  SANG Area Exclusion Plan

CSA/6667/SK04                Cricket Ballstrike mitigation fence location plan

CSA/6667/06 (Rev. E)      SANG Delivery Framework Document

16-021-039 (Rev. C) Flood Risk Assessment (prepared by Charles & Associates)

16-021-038 Rev B Transport Statement (April 2024)

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

3.      Prior to the first use of the development hereby permitted, the vehicular accesses and pedestrian crossing points (including tactile paving) shall be provided in accordance with the approved plan (drawing number 16-021.269 Rev L) and thereafter retained.

Reason: To ensure construction of a satisfactory development and that the highway

improvement works are designed to an appropriate standard in the interest of highway safety and amenity and in accordance with Policies CS8 and CS12 of the Dacorum Core Strategy (2013) and Policies 51 and 54 of the Dacorum Borough Local Plan (2004)

4.      Prior to the first use of the development hereby permitted, the on-site hardstanding and turning areas shall be laid out, demarcated,  ...  view the full minutes text for item 5a

Councillor Mitchell left at 8:40 before item 5b was heard.

5b.

23/02195/FUL

Construction of 9 dwellings including the creation of a new vehicular access, parking and landscaping

Land West Of Tring Road, Tring Road, Wilstone, Tring, Hertfordshire

The Case Officer, Martin Stickley introduced the report to Members and said that the application had been referred to the Committee due to the item being called in by the Ward Councillor Smith-Wright.

Councillor Smith-Wright declared that she would take no part in the discussion or voting as she called the item in.

Councillor Patterson declared that he was the Ward Councillor and was coming with an open mind and has taken no part in any discussions regarding this application.

It was proposed by Councillor Williams and seconded by Councillor Hobson to

DELEGATE with a view to APPROVAL.

Vote:

For:                 Against:                       Abstained:

6                                  0                            3

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

            That planning permission be DELEGATED with a view to APPROVAL subject to a Section 106 legal agreement securing a mitigation package to avoid any further significant effects on the Chilterns Beechwoods Special Area of Conservation and the footpath, play area and associated management responsibilities.

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.        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).

 3.        Prior to the commencement of the development hereby approved, a Construction Environmental Management Plan (CEMP) and Site Waste Management Plan (SWMP) shall be submitted to and approved in writing by the local planning authority.

            The CEMP shall set out, as a minimum, the proposed demolition, earthworks and construction methodology. The CEMP shall outline site specific measures to control and monitor impact arising in relation to construction traffic, noise and vibration, dust and air pollutants, land contamination, ecology and ground water. It shall also set out arrangements, by which the developer shall maintain communication with residents and businesses in the vicinity of the site, and by which the developer shall monitor and document compliance with the measures set out in the CEMP.

            The SWMP shall, as a minimum, describe how materials will be managed efficiently  ...  view the full minutes text for item 5b

5c.

24/00390/FHA

Two storey front extension, second storey side extension and raising of the ridge height, single storey rear extension, alterations of windows, over cladding of first floor, internal remodelling, new external drive configuration and landscaping.

Chedworth, Hemp Lane, Wigginton, Tring, Herts, HP23 6HE

The Case Officer, Elspeth Palmer, introduced the report to Members and said that the application had been referred to the Committee due to the item being called in by the Ward Councillor.

Peter Bryant and Tom Raftery spoke in support of the application.

It was proposed by Councillor Guest and seconded by Councillor Williams to REFUSE the application in line with officer's recommendations.

Vote:

For:                 Against:                       Abstained:

3                      6                                              2

Having there been no majority to REFUSE the application in line with the officer’s recommendation, it was proposed by Councillor Wyatt-Lowe and seconded by Councillor Bristow to GRANT the application.

Members confirmed that the reasons to grant this application was that due to the varied character to the street scene, the proposed development would not have an adverse impact on the character and appearance of the area and would therefore in accordance with Dacorum Borough Core Strategy Policies CS1, CS6 and CS12

Vote:

For:                 Against:                       Abstained:

6                                  3                      2

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

Site Location Plan 24 702 PL01 

Proposed Elevations 24 702 PL05 

Proposed Floor Plans 24 702 PL04 

Existing and Proposed Block Plan 24 702 PL03 

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 application form.

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).

5d.

24/00866/FHA

Hip to gable loft conversion with rear dormer and front roof lights & new first floor side window.

16 Dellfield Avenue, Berkhamsted, Hertfordshire, HP4 1DX 

Councillor Stevens declared an interest in the item and stepped down as Chair. He took no part in the discussion or voting. Vice-Chair Councillor Hobson stood up as Chair.

Councillor Smith-Wright left the room so she was unable to take part in the vote or discussion.

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

Town Councillor Stewart and Bryony Glenn spoke in objection to the application.

Richard Brand spoke in support of the application.

It was proposed by Councillor Guest and seconded by Councillor Wyatt-Lowe to GRANT the application, with an additional condition requiring obscured glazing.

Vote:

For:                 Against:                       Abstained:

2                                  4                                              3

Having there been no majority to GRANT the application, it was proposed by Councillor Bristow and seconded by Councillor Barry-Mears to REFUSE the application.

Vote:

For:                 Against:                       Abstained:

4                          2                                  3

Resolved: That planning permission beREFUSED.

The proposed hip-to-gable loft conversion would increase the bulk and visual presence of the host property when viewed from the adjacent flats and their private amenity spaces. The scale and height of the hip-to-gable enlargement, coupled with the rear dormer, would result in an unacceptable impact in terms of visual intrusion. There would also be significant adverse impacts on the levels of daylight and sunlight received by these neighbouring properties and their private gardens. The proposed development therefore conflicts with Policy CS12 (c) of the Dacorum Borough Core Strategy (2013) and paragraph 135(f) of the National Planning Policy Framework (December 2023).

INFORMATIVE

Planning permission has been refused for this proposal for the clear reasons set out in this decision notice. The Council acted pro-actively through positive engagement with the applicant in an attempt to narrow down the reasons for refusal but fundamental objections could not be overcome. 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.

K Dalton gave an in depth update on the enforcement reports.

Cllr Hobson commended the team’s proactive approach to monitoring compliance of conditions and s.106s for Majors.

The report was noted.