Agenda and draft minutes

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

The minutes of the meeting held on 31 October 2024. 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 and Councillor Hobson and Councillor Wyatt-Lowe. Councillor Anderson substituted on behalf of Councillor Durrant and Councillor Barradell Substituted on behalf of Councillor Wyatt-Lowe.

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

Note: Item 5(e) was heard before item 5(d)

5a.

24/01496/MFA

Demolition of existing buildings and redevelopment of the site to provide 61 residential units (market and affordable), sustainability measures together with associated landscaping, open space, parking, and highway improvements.

Haresfoot Farm, Chesham Road, Berkhamsted, Hertfordshire, HP4 2SU

Councillor Stevens declared an interest in item 5a. He declared that he sits on Berkhamsted Town Council. He confirmed that he was coming with an open mind and has not taken part in any Berkhamsted Town Council discussions regarding this item.

The Case Officer, James Gardner, 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. James Gardner also went through the changes to the NPPF relevant to this application, the changes to the application since the last DMC, and the question of whether the paddock land falls within the curtilage of the stable building and, by extension, can be considered to be previously developed land for the purposes of the NPPF.

Ward Councillor Nigel Taylor, Michael Bannister, Julian Davies and Elizabeth O'Reilly spoke in objection to the application.

Simon Warner and Oliver Myrants-Wilson spoke in support of the application.

Prior to opening the debate among Members the Chair read a statement setting out the principal planning considerations in assessing the amended application.

It was proposed by Councillor Maddern and seconded by Councillor Anderson to DELEGATE with a view to APPROVAL.

Vote:

For:                 Against:                       Abstained:

8                           2                                         1

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

subject to conditions and the completion of a planning obligation under Section 106 of the Town and Country Planning Act 1990 to secure satisfactory mitigation for the Chiltern Beechwoods Special Area of Conservation, consistent with the Chilterns Beechwoods Mitigation Strategy and other appropriate contributions and provisions to make the development acceptable in accordance with the development plan, NPPF and any other material considerations.

            Condition(s) and Reason(s):

1.         The development hereby permitted shall begin before the expiration of two 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:

            23-4356-SLP001  Site Location Plan

            23-J4356-1000     Proposed Site Layout      Rev. B

            23-J4356-1001     Proposed Coloured Site Layout     Rev. B

            23-J4356-1002     Proposed Coloured Site Layout in Context     Rev. B

            23-J4356-1008     Proposed Parking and Cycle Plan     Rev. A

            23-J4356-1009     Private and Communal Amenity Plan     Rev. A

            23-J4356-1010     Affordable Location and Tenure     Rev. C    

            23-J4356-1011     Disabled Parking Plan     Rev. A

            23-J4356-2001     Plot 1 - 3 Floor Plans & Elevations

            23-J4356-2002     Plot 4 & 5 Floor Plans & Elevations

            23-J4356-2003     Plot 6 - 9 Floor Plans & Elevations

            23-J4356-2004     Plot 10     Floor Plans & Elevations

            23-J4356-2005     Plot 11 & 20 Floor Plans & Elevations

            23-J4356-2006     Plot 12 Floor Plans & Elevations

            23-J4356-2007     Plot 13 Floor Plans & Elevations

            23-J4356-2008  ...  view the full minutes text for item 5a

5b.

24/01593/MFA

Change of use from agricultural land to Suitable Alternative Natural Greenspace (SANG) with associated access and car park.

Land East Of Green Lane Gaddesden Lane Gaddesden Row Hemel Hempstead Hertfordshire

Prior to the meeting, the Chair of the Development Management Committee had agreed to defer this application for further investigations on drainage / surface water flooding matters.

5c.

24/01157/RES

Details of the layout, scale, appearance and landscaping pursuant to outline planning application DBC Ref: 4/02539/16/MOA and SACDC Ref: 5/16/2845  comprising 324 dwellings, two Class E retail / commercial units, and associated landscaping and infrastructure works.

Spencer's Park Phase 2 East Land Between Three Cherry Trees Lane and Cherry Tree Lane Hemel Hempstead  

Cllr Barradell declared that the SANG is in his ward but he is coming to the meeting with an open mind.

The Case Officer, Andrew Parrish, introduced the report to Members and said that the application had been referred to the Committee under s.2.3.2 (4) of Part 3 of the Council’s Constitution as the application is a large scale major development which is linked to an existing planning obligation under s.106 of the Town and Country

Planning Act 1990 (as substituted by s.12 of the Planning and Compensation Act 1991). Andrew Parrish also stated that the NPPF had changed today and referenced the relevant paragraphs to this application.

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

Vote:

For:                 Against:                       Abstained:

9                          1                                 1

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

RECOMMENDATION

That the application be delegated with a view to approval subject to:

A.     Land secured as Suitable Alternative Natural Greenspace with appropriate credits allocated to the development, either on land east of Green Lane, Gaddesden Row, Hemel Hempstead, or on an alternative site;

B.     Completion of a Unilateral Undertaking securing the SAMM payment of £296,097.12 and monitoring fee of £400;

C.     Completion of an  Appropriate Assessment with no outstanding objection from Natural England, and

D.     Appropriate conditions;

E.     The redrafting of Condition 1 to refer either to land east of Green Lane, Gaddesden Row, Hemel Hempstead, or to an appropriate alternative site where SANG credits have been allocated to the development, or the completion of an s106 obligation to secure the same, as considered appropriate.

F.      Informatives as recommended by consultees

G.     If Suitable Alternative Natural Greenspace is not secured within 6 (six) months of the Development Management Committee date the application shall return to Development Management Committee for re-determination.

Condition(s) and Reason(s):

1.         No dwelling shall be occupied unless and until a proportion (being 6.3ha) of the Suitable Alternative Natural Greenspace to be delivered on land east of Green Lane, Gaddesden Row, Hemel Hempstead under planning permission 24/01593/MFA sufficient to mitigate the impact of the occupation of the 324 dwellings hereby granted has been delivered on site  and allocated to the development of Phase 2 East of Spencer's Park in accordance with a section 106 agreement in connection with the Gaddesden Row SANG and confirmation of the delivery of that SANG or an alternative site has been secured as SANG and such confirmation and allocation has been submitted to and approved in writing by the local planning authority.

            Reason: To mitigate the adverse impact of visitor pressure from residents of the development on the integrity of the Chilterns  ...  view the full minutes text for item 5c

5d.

23/03028/MFA

Redevelopment of the former Hemel Hempstead Gasworks site and land accommodating residential properties at 355, 357 and 359 London Road and the construction of 476 new residential dwellings, together with associated car parking, cycle parking, landscaping, amenity space, refuse storage and improved access from London Road

National Grid Property Holdings Ltd Former British Gas Site Hemel Hempstead Hertfordshire 

The Case Officer, Andrew Parrish, introduced the report to Members and said that the application had been referred to the Committee due to it being a Large scale major development which is linked to a proposed planning obligation under s.106 of the Town and Country Planning Act 1990 (as substituted by s.12 of the Planning and Compensation Act 1991). Andrew Parrish also stated that the NPPF had changed today and referenced the relevant paragraphs to this application.

It was proposed by Councillor Barradell and seconded by Councillor Maddern to DELEGATE with a view to APPROVAL.

Vote:

For:                 Against:                       Abstained:

4                        6                                       1

Having there been no majority to DELEGATE with a view to APPROVAL the application, it was proposed by Councillor Anderson and seconded by Councillor Guest to REFUSE the application on for three reasons:

1)     Scale and height of blocks in the context of the site surroundings / landscape.

2)     Overdevelopment of the site.

3)     Loss of sunlight to the London Road properties.

Vote:

For:                 Against:                       Abstained:

5                        4                                            1

Councillor Stevens then used his casting vote as Chair to vote against the reasons for refusals.

It was then proposed by Councillor Anderson and seconded by Councillor Guest to REFUSE the application on the first reason only.

Vote:

For:                 Against:                       Abstained:

6                         4                                     1

Resolved: That planning permission be REFUSED for the following reason:

By virtue of the design, scale and height of the proposed blocks, the proposed development would fail to integrate with the prevailing streetscape character or the setting of the adjacent Box Moor Common, causing substantial harm to the character and appearance of the area. As such, the development fails to comply with Policy CS12 of the Dacorum Borough Core Strategy (September 2013) and NPPF (Dec 2024) para. 135c.

5e.

24/00762/FUL

Demolition of existing bungalow and construction of 8 apartments (6x 2 bedroom and 2x 1 bedroom).

Waterworks Bungalow, Greene Field Road, Berkhamsted, Hertfordshire, HP4 2AQ

Councillor Stevens declared an interest in the item and stepped down as Chair. Councillor Guest as Vice-Chair stepped up as Chair for this item. Councillor Stevens confirmed that he would take no part in voting or in the discussion.

The Case Officer, Sally Robbins, introduced the report to Members and said that the application had been referred to the Committee due to the contrary view of Berkhamsted Town Council. Sally Robbins also referenced the relevant paragraphs in respect of the new NPPF.

Councillor Stevens read a statement on behalf of Councillor Jordan in objection to the application.

It was proposed by Councillor Bristow and seconded by Councillor Maddern to

DELEGATE with a view to APPROVAL.

Vote:

For:                 Against:                       Abstained:

 7                        1                                       2

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

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 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 carried out in accordance with the following approved plans/documents:

            0123_00_000 Rev. 02

            0123_00_010 Rev. 05

            0123_00_011

            0123_00_100 Rev. 04

            0123_00_101 Rev. 04

            0123_00_102 Rev. 03

            0123_00_200 Rev. 03

            0123_00_201 Rev. 03

            0123_00_103 Rev. 01

            0123_00_301 Rev. 01

            0123_00_302

            0123_00_303

            Design & Access Statement by Illustrate Architects (ref. 0123, Rev 02) dated 25.03.24

            Planning & Heritage Statement by Emma Adams and Partners Ltd (ref. EA/AT/2023.010/Rpt02) dated March 2024

            Transport Statement by i-Transport (Ref: SJ/RW/JG/ITL19231-001A) dated 26 March 2024

            Sustainable Development Checklist

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

 3.        No development shall take place until a scheme for the provision and management of a minimum 3-metre-wide buffer zone alongside the watercourse has been submitted to, and approved in writing by, the local planning authority. Thereafter, the development shall be carried out in accordance with the approved scheme. Any subsequent variations shall be agreed in writing by the local planning authority, in which case the development shall be carried out in accordance with the amended scheme. The buffer zone scheme shall be free from built development including lighting, domestic gardens and formal landscaping. The scheme shall include:

-        Plans showing the confirmed extent and layout of the buffer zone (including the proposed bank regarding the north bank)

-        Details of a confirmed planting scheme (for example, native species)

-        Details demonstrating how  ...  view the full minutes text for item 6.