THREE RIVERS DISTRICT COUNCIL
At a meeting of the Development Control Committee held in the Penn Chamber, Three Rivers House, Rickmansworth, on 18September 2008 from 7.30pm to 9.40pm.
Present:Councillors Geoffrey Dunne (Chairman), Chris Lloyd (Vice-Chairman), Barbara Green, Paula Hiscocks, David Major, Ann Shaw OBE, Leonard Spencer, Richard Struck and Chris Whately-Smith.
Officers:Geof Muggeridge, Laurence Moore, Marie Harding, Stephanie Lawlor and Sarah Haythorpe.
Also in attendance: Councillors Tony Barton, Joy Mann and Brian White.
Apologies for absence were received from Councillors Phil Brading, Amrit Mediratta and Ron Spellen.
DC79/08MINUTES
The Minutes of the Development Control Committee meeting held on 21August 2008 were confirmed as a correct record and signed by the Chairman.
DC80/08NOTICE OF OTHER BUSINESS
None submitted.
DC81/08DECLARATION OF INTERESTS
Councillor Barbara Green declared a personal and prejudicial interest in agenda item 6 (08/1312/FUL – Extension to existing football club grounds including change of use of grassland to create two 11-a-side pitches, one 7-a-side pitch and grasscrete / shale car park at CHORLEYWOOD YOUTH FOOTBALL CLUB, CHORLEYWOOD HOUSE ESTATE, RICKMANSWORTH ROAD, CHORLEYWOOD, WD3 5SL, for MrCMelvin) as she was a Member of the Chorleywood House Estate Community Partnership and left the room during the consideration of this item.
Councillor Tony Barton declared a personal and prejudicial interest in agenda item 6 (08/1312/FUL – Extension to existing football club grounds including change of use of grassland to create two 11-a-side pitches, one 7-a-side pitch and grasscrete / shale car park at CHORLEYWOOD YOUTH FOOTBALL CLUB, CHORLEYWOOD HOUSE ESTATE, RICKMANSWORTH ROAD, CHORLEYWOOD, WD3 5SL, for MrCMelvin) as his son played football at the Chorleywood Youth Football Club and left the room during the consideration of this item.
Councillor David Major declared a non-prejudicial and personal interest in the following agenda items:
Item 9 - 08/1384/FUL - Part retrospective: erection of a timber outbuilding to be used for agricultural purposes at 152TOMS LANE, KINGS LANGLEY, HERTS, WD48NZ, for Mr Imran Ahmed
Item 11 - 08/1452/FUL - Demolition of existing former chicken sheds (three with planning permission for B1 Office use) and ancillary buildings; Erection of three contemporary style single storey detached dwellings with integral garages, layout of amenity space, driveways, landscaping, passing place and all ancillary works at HILLTOP FARM, HILLTOP ROAD, KINGS LANGLEY, for MrJohn James
Item 12 - 08/1453/FUL - Demolition of existing former chicken sheds (three with planning permission for B1 Office use) and ancillary buildings; erection of three traditional style single storey detached dwellings with integral garages, layout of amenity space, driveways, landscaping, passing place and all ancillary works at HILLTOP FARM, HILLTOP ROAD, KINGS LANGLEY for MrJohn James
Item 17 - 08/1593/FUL - Loft conversion with dormer window and rooflight to front and rear elevations at 61 TOMS LANE, KINGS LANGLEY, HERTFORDSHIRE, WD4 8NJ, for Mr Richard Laval
Item 18 - 08/1639/FUL – District Council Application: Installation of older persons’ play park and extension of existing children's play area to include toddler swings at LEAVESDENCOUNTRYPARK, COLLEGE ROAD, ABBOTS LANGLEY, HERTFORDSHIRE, for Three Rivers District Council
Item 19 - 08/1644/FUL – Erection of uncovered trolley park at CAUSEWAY CAR PARK, ADJACENT TO BUDGENS STORE, 57–59HIGH STREET, ABBOTS LANGLEY, HERTFORDSHIRE, WD5 0AF, for Chiltern Stores Limited
as he was a Member of the Abbots Langley Parish Council Planning Committee and left the room during the consideration of these items:
Councillor Paula Hiscocks declared a personal and prejudicial interest in agenda item 13 (08/1460/FUL – Rear Conservatory at 19 SPENCER WALK, RICKMANSWORTH, HERTS, WD3 4EE, for MrJohn O’Dea) as she lived in close proximity to the application site and left the meeting during the consideration of this item.
Councillor Chris Lloyd declared a personal and prejudicial interest in agenda item 16 (08/1585/FUL – Erection of two-storey detached dwelling and two-storey detached triple garage LAND REAR OF 1-9 YORKE ROAD, NEW ROAD, CROXLEY GREEN, HERTFORDSHIRE, WD33DW, for DW Developments) as a relative lived in close proximity to the site and left the meeting during the consideration of this item.
DC82/0808/1312/FUL – Extension to existing football club grounds including change of use of grassland to create two 11-a-side pitches, one 7-a-side pitch and grasscrete / shale car park at CHORLEYWOOD YOUTH FOOTBALL CLUB, CHORLEYWOOD HOUSE ESTATE, RICKMANSWORTH ROAD, CHORLEYWOOD, WD3 5SL, for MrCMelvin
The Planning Officer reported that the expiry date for the application should read 7 October 2008. Natural England had sent an additional letter of objection outlining the Council’s biodiversity duty under PPS9 and requesting an ecological survey. Chorleywood Parish Council had objected to the application. Their objections related to environmental issues, impact on the facilities to residents in Chorleywood and the fact that the car parking facility would not solve the problems of cars parking on the road.
Further information had been received from Herts Highways stating that if the Planning Authority were to attach a Condition restricting hours of use (egto Saturdays, Sundays and after 18.00 hours Monday to Friday), they could not substantiate a reason for refusal. If there was no such Condition, further information would be needed regarding likely traffic generation (times of day, number of vehicles).
It was reported that five more letters of objection had been received stating the following:
Unable to leave the site last Saturday due to traffic congestion; Cemetery difficult to visit at this time; Additional noise; Current mix of sport and nature was beneficial to whole community; Detrimental to distinctive character of the estate; Loss of habitat; Urbanisation of LNR, AONB and Green Belt; Chorleywood House Estate does not represent the views of the entire community; On Saturdays and Sundays there were as many as 150 to 250 cars, which was dangerous and restricted access for emergency vehicles; Walkers and other users do not know about this application; Would lead to requests for artificial lighting; There were other existing playing fields in the vicinity which could be used; Impact on wildlife, flora and woodland;
The Chief Development Control Officer advised that an e-mail had been received in favour of the application but raising a number of points on the report. Officers had not read the e-mail in detail but the representations had disagreed with the main thrust of the report.
Councillor Ann Shaw said there were a number of aspects to this application which needed to be considered and proposed, seconded by Councillor Leonard Spencer, that the Committee make a site visit,. She said that usually Officers did not attend a Committee site visit, but on this occasion, there were exceptional circumstances where Members would welcome support by Officers to understand fully the area proposed for development.
Councillor Chris Lloyd suggested that the site visit be made when the club were playing football.
The Chief Development Control Officer advised that Members of the Public were not invited to attend site visits.
On being put to the Committee the proposal to DEFER the application for a site visit was CARRIED, the voting being unanimous.
RESOLVED:-
that the application be DEFERRED for a site visit.
DC83/0808/1366/FUL – Conversion of existing dwelling into two dwellings including conversion of garage into habitable room and alterations to fenestration and carriage driveway at 22BERKS HILL, CHORLEYWOOD, HERTS, WD3 5AQ, for Masma Limited
The Planning Officer reported that the Committee had to assess the submitted plans not what had been built on site which was different from the approved plans.
Councillor Barbara Green stated that she had a number of concerns particularly, the sub-division of the dwelling, out of keeping in the street scene, would not enhance the Conservation Area, would be detrimental to the character of the Conservation Area, the amenity space area, the conversion of the front garden into a parking area would be out of keeping in the street scene, had been built half a metre closer to No 24, was 4ft higher than the original house. She proposed, seconded by Councillor Leonard Spencer, that the application be refused,.
Councillor Leonard Spencer said this was a single dwelling which had been sub-divided into two dwellings which according to Policy H13 should balance and fit in with the street scene and the Conservation Area. This development did not. He was concerned that the Council did not have a height measuring instrument to check the ridge height and asked if the Enforcement Officer could check that the building did match the approved application.
In accordance with Council Procedure Rule 36(b) (Representations at Committee etc) Mr P Hughes spoke in favour of the application and Mr R Maddox spoke against the application.
Councillor Ann Shaw said it had been interesting to hear from the speaker, Mr Hughes, that the south west elevation had been built in the wrong place but would be rectified within 28 days of permission being given. This would have to rebuilt whether permission was granted or refused. The Chief Development Control Officer said this would be an enforcement decision, if the wall did not comply it would need to be amended but the applicant would have the right to appeal the decision.
Councillor Ann Shaw said having two dwellings on the site would impact on the character of the Conversation Area, there would be reduced amenity space, especially at the front of the building where the hard standing would be provided as parking and would not be in keeping with the street scene.
Councillor Barbara Green said the development would create an uneven and inappropriate division of the building contrary to Policy H13, would be inappropriate in the street scene and would not enhance or preserve the Conservation Area.
The Chief Development Control Officer advised that on balance Officers felt the proposal was acceptable. If the Committee were minded to refuse the application, this would be contrary to the Officers’ recommendation and the Conservation Officer’s advice.
If the Committee were minded to refuse the application the suggested wording could be due to inappropriate subdivision of the property, contrary to Policy H13 and to the detriment of the Conservation Area, the precise wording to be circulated to Members for agreement.
On being put to the Committee the proposal to REFUSE PLANNING PERMISSION due to inappropriate subdivision of property, contrary to Policy H13 and to the detriment of the Conservation Area, the precise wording to be circulated to Members for agreement was CARRIED, the voting being 7 For, 0 Against and 2 Abstentions.
RESOLVED:-
that PLANNING PERMISSION BE REFUSED for the following reason(s):-
R1 The proposal would represent an inappropriate subdivision of the existing detached dwelling to the detriment of the visual amenities of the street scene and the Chorleywood Station Estate Conservation Area. It would fail to enhance or preserve the character and appearance of the Conservation Area and would be contrary to Policies GEN3, C1, H13 and Appendix 2 of the Three Rivers Local Plan 1996-2011.
DC84/0808/1368/FUL – Demolition of existing buildings and erection of 37dwellings, 3 flats, alteration to existing vehicular access, associated open space, landscaping and car parking at IMPERIAL MACHINE CO LTD, HARVEY ROAD, CROXLEY GREEN, WD33AX, for Howarth Homes Limited
The Planning Officer reported that the Environment Agency had advised that the amended Flood Risk Assessment addressed all of their previous flood risk concerns which meant they were withdrawing their objection in this regard. The Environment Agency had suggested Conditions be included on foul water drainage, contamination survey, contamination verification report and foundation design as follows:
Condition
No development approved by this permission shall be commenced until detailed foul water drainage plans has beensubmitted to and approved by the Local Planning Authority: the development shall then proceed in strict accordance with the agreed drainage plans.
Reason: To prevent pollution of the water environment and to meet the the requirements of Policies GEN1, N4 and N5 of the Three Rivers Local Plan 1996-2011.
Condition
Prior to the commencement of development approved by this planning permission (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority:
- A preliminary risk assessment which has identified:
all previous uses potential contaminants associated with those uses
a conceptual model of the site indicating sources, pathways and receptors potentially unacceptable risks arising from contamination at the site.
2.A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.
3.The site investigation results and the detailed risk assessment (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.
4.A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.
Any changes to these components require the express consent of the local planning authority. The scheme shall be implemented as approved.
Reason: To ensure controlled waters is protected and to meet the requirements of Policies GEN1, N4 and N5 of the Three Rivers Local Plan 1996 – 2011.
Condition
Prior to commencement of development, a verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the local planning authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a long-term monitoring and maintenance plan) for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan, and for the reporting of this to the local planning authority.
Reason: This is to ensure that remediation is effective in providing protection to groundwater and to meet the requirements of Policies GEN1, N4 and N5 of the Three Rivers Local Plan 1996 – 2011.
Condition
If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, an amendment to the remediation strategy detailing how this unsuspected contamination shall be dealt with.
Reason: To minimise risk from unsuspected contamination and to meet the requirements of Policies GEN1, N4 and N5 of the Three Rivers Local Plan 1996 – 2011.
Condition
No infiltration of surface water drainage into the ground is permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters.
Reason: Infiltration methods for drainage purposes, including soakaways will not be allowed on contaminated land. The only exception will be draining waters from roof tops. This is to ensure that the groundwater is protected and to meet the requirements of Policies GEN1, N4 and N5 of the Three Rivers Local Plan 1996-2011.
Condition
Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.
Reason: To protect groundwater quality and to meet the requirements of Policies GEN 1, N4 and N5 of the Three Rivers Local Plan 1996-2011.
The Leisure Manager had confirmed that the play area plans were acceptable.
The Crime Prevention Officer fully supported the boundary treatments as proposed in drawing No.PA 527-250-15 for the play area and the railings/fencing planned around the perimeter would support this measure. On street lighting, having looked at the lighting proposals the uniformity levels appeared to be too low. As advised in previous comments, British Standards (BS 5489-1:2003 &BS EN 13201-2:2003) gave appropriate lighting levels for most exterior lighting situations and should be consulted. The Crime Prevention Officer was happy to support any lighting scheme which conforms to these standards although any further enquiries should be made with the lighting engineer in an effort to improve the uniformity levels in all areas ensuring that they met the above standards.