THREE RIVERS DISTRICT COUNCIL
At a meeting of the Development Control Committee held in the Penn Chamber, Three Rivers House, Rickmansworth, on 18 October2007from 7.30pm to 10.10pm.
Present:-Councillors Geoffrey Dunne (Chairman),Chris Lloyd (Vice Chairman) Phil Brading, Barbara Green,Amrit Mediratta, Ann Shaw OBE, Ron Spellen, Leonard Spencer, Richard Struck, Kate Turner andChris Whately-Smith
Officers:-Geof Muggeridge, Laurence Moore, Marie Harding, Sara Whelanand Sarah Haythorpe
Also in attendance:- CouncillorsTony Barton, David Major and David Sansom
An apology for absence was received from Councillor Mark Weedon
DC80/07MINUTES
The Minutes of the Development Control Committee meeting held on13 September2007 were confirmed as a correct recordand were signed by the Chairman subject to the following amendment:
Minute DC65/07, first paragraph, delete second sentence and replace with “If the fence was reduced, the remaining property would have a clear view of the extension.”
DC81/07 ANY OTHER BUSINESS
No items were submitted.
DC82/07DECLARATION OF INTERESTS
Councillor Barbara Green declared a personal and prejudicial interest in agenda item 7 (Consideration of objections and confirmation of Three Rivers (WHITE GATES AND THE ORCHARD) Tree Preservation Order 2007) as she lived at White Gates and left the room during its consideration.
Councillor Chris Lloyd declared a personal and prejudicial interest in agenda item 12 (07/1543/FUL – Erection of two-storey detached dwelling and two-storey detached triple garage located at LAND REAR OF 1-9 YORKE ROAD, ACCESS FROM NEW ROAD, CROXLEY GREEN, HERTFORDSHIRE WD3 3DW, for Dw Developments) as a member of his family lived next to the development site.
Councillor Chris Lloyd declared a personal and prejudicial interest in agenda item 13 (07/1560/FUL – Telecommunications mast consisting of replacement of existing central chimney stack with replica chimney incorporating 3 antennas and installation of associated equipment cabinet to rear of site at THE ROYAL OAK PUBLIC HOUSE, KITTERS GREEN, ABBOTS LANGLEY, HERTS WD5 0ET for T-Mobile (UK)Ltd) and agenda item 31 (07/1887/PDNT - Telecommunications base station consisting of 10m high replica telegraph pole, cabinet and associated works located on theGRASS VERGE AT THE JUNCTION OF LITTLE GREEN LANE AND NORWICH WAY, CROXLEY GREEN, HERTFORDSHIRE WD3 3SR, for T-Mobile (UK) Ltd) as he was employed within the telecommunications industry and left the room during their consideration.
DC83/07Consideration of objections and confirmation of Three Rivers (OVALTINE DRIVE, KINGS LANGLEY) Tree Preservation Order 2007
In accordance with Council Procedure Rule 36(b) (Representations at Committee etc) Ms Tracey Henderson spoke against the Tree Preservation Order (TPO).
Councillor Ann Shawsaid the tree was an excellent mature tree and was one of only three mature trees on the site. She acknowledged that for a short time the tree did produce a residue. She would be disappointed if the tree was felled and suggested reducing the size of the crown of the tree. The Landscape Officer advised that a crown reduction had been granted but the Housing Association had decided not to undertake the work.
Councillor Phil Brading proposed an amendment to the recommendation that the objection be noted, the TPO be confirmed but the Housing Association be asked to reduce the tree in accordance with an existing consent.
On being put to the Committee the proposal that the objection be noted and the Tree Preservation Order be confirmed with the above amendment was CARRIED the voting being unanimous.
RESOLVED:-
That the objection be noted and Three Rivers (Ovaltine Drive, Kings Langley)Tree Preservation Order 2007 be confirmed with an amendment to request the Housing Association to implement the existing consent to reduce the crown of the tree.
DC84/07Consideration of objections and confirmation of Three Rivers (DUGDALES, CROXLEY GREEN) Tree Preservation Order 2007
The Landscape Officer reported that the Tree Preservation Order had been placed on the site in response to proposals to fell a large number of trees.
Councillor Phil Brading moved the recommendation, seconded by Councillor Chris Lloyd.
RESOLVED:-
That the objection should be noted and Three Rivers (Dugdales, Croxley Green)Tree Preservation Order 2007 be confirmed.
DC85/07Consideration of objections and confirmation of Three Rivers (WHITE GATES AND THE ORCHARD) Tree Preservation Order 2007
Councillor Barbara Green left the meeting.
The Landscape Officer advised that the objections received were based on Tree T5, an English Oak, which was 10ft from White Gates. It was for the Committee to determine if this tree should be included in the Tree Preservation Order.
Chorleywood Parish Council reported their concern on the number of requests being made to remove trees in Chorleywood. They hoped there would be a solution to retain this tree by reducing the crown of the tree.
In accordance with Council Procedure Rule 36(b) (Representations at Committee etc) Mr Harer spoke against the Tree Preservation Order requesting that tree T5, the English Oak, not be included in the TPO.
The Landscape Officer said it was appropriate to place the order to protect the tree. He had visited the site and the tree could be managed to a suitable size. He acknowledged that the tree was 10ft away from the house,and if the Committee were minded to remove the tree from the TPO this would be appropriate.
Councillor Leonard Spencersaid a replacement tree for T5 would not be required if the TPO was not confirmed.
Councillor Ann Shawwas concerned that any tree within 10ft of a property could in future be considered for removal.
Councillor Chris Lloyd suggested that the TPO be confirmed in its entirety and that a further report be presented to the Committee if the tree became dangerous. This was seconded by Councillor Ann Shaw.
Councillor Phil Brading proposed an amendment, seconded by Councillor Ron Spellen, that tree T5 be excluded from the TPO but be replaced with another specimen further away from the house. However, concerns were raised by the Committee and it was resolved that a report be presented to the next Committee meeting on whether the Council could require a replacement tree for T5 (oak) if the tree was not included in the TPO.
RESOLVED:
that a report be presented at the next meeting to the Committee on whether the Council could require a replacement tree for T5 (oak) if the tree was not included in the TPO.
DC86/0707/1419/FUL – Sub-division of the plot and creation of an independent self-contained dwelling in the former abattoir outbuilding to the rear at TRELAWNEY, 40 HERONSGATE ROAD, CHORLEYWOOD, HERTS WD35BL for Mrand MrsKJBeesening
The Planning Officer reported that two standard highway conditions (C4 and C6 on agenda) should be deleted as unnecessary.
Councillor Barbara Green had concerns with the parking on the site and advised that Heronsgate Road was already congested with parking and she would not wish to see an increase in demand for parking from this dwelling. With the extension of the amenity space at the rear of the property to create a larger garden this would restrict parking on the site.
The Planning Officer said the amenity space would be increased to meet family requirements and planning policy. There would be car parking in front of the property, with two spaces indicated, and a large gravel area also at the front of the property would remain as parking.
Councillor Barbara Green asked if an Officer could visit the site to assess the trees for a TPO.
Councillor Phil Brading asked if Condition C5 would be sufficient to ensure that parking was controlled. The Planning Officer advised that Trelawney would be a separate dwelling and would have separate parking.
Councillor Amrit Mediratta was uncomfortable with the dwelling becoming a separate residential unit for use by non family members of Trelawney.
Councillor Ann Shaw was also concerned that the application sought consent for a separate residential dwelling for non family members of Trelawney which was disassociating the two dwellings from each other.
In accordance with Council Procedure Rule 36(b) (Representations at Committee etc) Ms Kate Brown spoke in favour of the application.
Councillor Leonard Spencerasked if there were grounds to refuse the application. The Chief Development Control Officer advised that the granting of the Certificate of Lawfulness on the proposed use as a two-storey dwelling in 2001 meant there would effectively be no material change now and there were no reasonable grounds for refusal.
.Chorleywood Parish Council said the application in 2001 was for the children from Trelawney to reside in the dwelling so that they could care for their parents. Having two separate residential dwellings using the one narrow access would make it impossible for cars to pass and vehicles would need to reverse onto HeronsgateRoad.
Councillor Phil Brading could not see any material reasons to justify refusal and moved the recommendation, seconded by Councillor Richard Struck.
On being put to the Committee the proposal to GRANT PLANNING PERMISSION with conditions C4 and C6 from the Committee agenda deleted and that Officers request the Tree Officer assess the trees on the site for a TPO was CARRIED the voting being 6 For, 3 Against and 2 Abstentions.
RESOLVED:-
That PLANNING PERMISSION BE GRANTED with conditions C4 and C6 from the Committee agenda deleted and that Officers request the Tree officer to assess the trees on the site for a TPOand subject to the following conditions:-
C1Notwithstanding the provisions of the Town and Country Planning, (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification) no additional windows or similar openings shall be constructed in the flank or rear elevations or roof planes of the application building except for any which may be shown on the approved drawings.
REASON: To safeguard the residential amenities of the occupiers of neighbouring properties in accordance with Policy GEN3 and Appendix2 of the Three Rivers Local Plan 1996-2011.
C2The development shall not commence until full details (including design, materials, height and type) of all boundary treatment(s) has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented prior to the first occupation of the development or phased as agreed in writing by the Local Planning Authority. The approved scheme shall be maintained thereafter at all times.
REASON: To safeguard the visual amenities of neighbouring properties and the locality in accordance with Policy GEN 3 and Appendix 2 of the Three Rivers Local Plan 1996 – 2011.
C3The following Classes of Schedule 2 Parts 1 & 2 of the Town and Country Planning (General Permitted Development Order) 1995 (or any order revoking or re-enacting that Order with or without modification) are withdrawn in respect of the development hereby permitted:-
Part 1
Class A - enlargement improvement or other alteration to the dwelling
Class B - enlargement consisting of an addition to the roof
Class E – erection of an outbuilding
Class F – any hard surface
Part 2
Class A – erection of a gate, fence or wall
No development of any of the above classes shall be constructed or placed on any part of the land the subject of this permission.
REASON:To ensure adequate planning control over further developments having regard to the limitations of the site and neighbouring properties and in the interests of the visual amenities of the site and the area in general, in accordance with Policy GEN3 and Appendix 2 of the Three Rivers Local Plan 1996-2011.
C4The sub-division of the plot shall not occur until the scheme for garaging, parking and manoeuvring indicated on the submitted drawing BM.356/7 (or any subsequent amendment agreed in writing by the Local Planning Authority) has been laid out and made available for use and that area shall not thereafter be used for any other purpose.
REASON: To enable vehicles to draw off, park and turn clear of the highway to minimise danger, obstruction and inconvenience to users of the adjoining highway in accordance with Policies T7 and T8 of the three Rivers local Plan 1996 – 2011.
INFORMATIVES:
I1Subject to the conditions attached to this permission, the proposed residential properties would be in compliance with Policies GEN3, T7, T8, H4, H14, N16 and Appendices 2 and 3 of the Three Rivers Local Plan 1996-2011 (Adopted 2001) and would not have a significant adverse effect on the residential amenities of any neighbouring properties to such an extent to justify the refusal of planning permission, or otherwise result in demonstrable harm.
I2The applicant is encouraged to incorporate energy saving and water harvesting measures when implementing this permission. Information is available from the Council’s Building Control Section, who may be contacted on 01923 727138, and on the website Any external changes to the building which may be subsequently required should be discussed with the Council’s Development Control Section prior to the commencement of work.
DC87/0707/1496/FUL – Two polythene tunnel greenhouses to south-east of site for growing of organic herbs at THE MULBERRY BUSH, DAWES LANE, SARRATT, for Mr Norris
The Planning Officer reported that three further letters of objection had been received from neighbours with the following comments: the proposal would be unsuitable on this land; it was not only Metropolitan Green Belt and an Area of Outstanding Natural Beauty (AONB) but it was also subject to an Article 4 Direction which restricted any further agricultural buildings; an application for poly tunnels had been refused before on the grounds that they would be unsightly;they would be seen from many footpaths and properties; the application was a disgrace.
No comments had been received from the Chilterns Society, the Chilterns Conservation Board or the Herts Biological Records Centre. There were no permitted development rights for poly tunnels.
Councillor Ann Shaw said the site was unacceptable, was cluttered and the development would be inappropriate in the Metropolitan Green Belt and in an Area of Outstanding Natural Beauty. She moved the recommendation to refuse planning permission, seconded by Councillor Chris Lloyd.
In accordance with Council Procedure Rule 36(b) (Representations at Committee etc) Ms Jane Soans spoke against the application.
On being put to the Committee the proposal to REFUSE planning permission was CARRIED the voting being unanimous.
RESOLVED:
That PLANNING PERMISSION BE REFUSED for the following reason:-
R1The proposal would introduce a new use to the site and would comprise a further spread of scattered buildings in the very attractive open landscape of the Chess Valley in the Chilterns Area of Outstanding Natural Beauty, detracting from the character and appearance of the locality and openness of the Metropolitan Green Belt, contrary to Policies GB1, N20 and N23 of the Three Rivers Local Plan 1996-2011.
DC88/0707/1497/FUL – Subdivision of existing dwelling into 2 two-bedroom residential units with flank, front and rear extension at 9 STFRANCIS CLOSE, OXHEY HALL, WD19 4LP, for Mr Khullaz
The Planning Officer reported that one further letter of objection had been received.
Councillor Ann Shaw, seconded by Councillor Spencer, proposed that the Committee make a site visit.
Councillor Phil Brading asked about the nature of the party wall and what soundproofing might be expected. He requested advice from Officers on the nature ofthe soundproofing as he was concerned about potential noise.
RESOLVED:-
that the application be deferred for a site visit.
DC89/0707/1543/FUL – Erection of two-storey detached dwelling and two-storey detached triple garage located at LAND REAR OF 1-9 YORKE ROAD, ACCESS FROM NEW ROAD, CROXLEY GREEN, HERTFORDSHIRE WD3 3DW, for Dw Developments
Councillor Chris Lloyd left the meeting.
Councillor Phil Brading said the application was similar in principle to an application previously refused and moved refusal of the application, seconded by Councillor Ann Shaw.
On being put to the Committee the proposal to REFUSE PLANNING PERMISSION was declared CARRIED the voting being unanimous.
RESOLVED:-
That PLANNING PERMISSION BE REFUSED for the following reasons:-
R1The proposed development forms an unacceptable form of backland development, due to the long and narrow access which would not be easily accessible by service vehicles. As such the proposed development would be detrimental to the character of the locality, contrary to Policy H14 of the Three Rivers Local Plan 1996-2011.
R2By virtue of its length and siting, the proposed access road would give rise to the movement of vehicles alongside the boundary of the rear gardens of the adjacent residential properties (44 and 46 New Road), which would compromise pedestrian safety and cause an unacceptable degree of noise and disturbance and loss of residential amenity to the occupiers of these properties. This would be contrary to Policies H14 and GEN3 of the Three Rivers Local Plan 1996-2011.
DC90/0707/1560/FUL – Telecommunications mast consisting of replacement of existing central chimney stack with replica chimney incorporating 3 antennas and installation of associated equipment cabinet to rear of site at THE ROYAL OAK PUBLIC HOUSE, KITTERS GREEN, ABBOTS LANGLEY, HERTS WD5 0ET for T-Mobile (UK)Ltd
Councillor Chris Lloyd left the meeting.
Councillor Barbara Green was delighted to see refusal of the mast but could not believe the Parish Council had not objected to the application. She moved refusal of the application, seconded by Councillor Chris Whately-Smith.
On being put to the Committee the proposal to REFUSE PLANNING PERMISSION was declared CARRIED the voting being unanimous.
RESOLVED:-
That PLANNING PERMISSION BE REFUSED for the following reasons:-
R1The removal of the existing brick chimney stack and its replacement in Glass Reinforced Plastic would adversely affect the character and appearance of the locally listed building and would fail to preserve or enhance Abbots Langley Conservation Area. In addition the proposed cabinet and associated additional hardstanding would form a prominent and obtrusive development, to the detriment of the setting of the locally listed building. The proposal would therefore be contrary to PoliciesC1, C9, C12 and N24 of the Three Rivers Local Plan 1996-2011.