Agenda, decisions and minutes

Venue: Council Chamber, The Shire Hall, St Peter's Square, Hereford, HR1 2HX

Contact: Tim Brown, Democratic Services Officer 

Items
No. Item

58.

APOLOGIES FOR ABSENCE

To receive apologies for absence.

Minutes:

 Apologies were received from Councillors Graham Andrews, Foxton and Watson.

59.

NAMED SUBSTITUTES

To receive details of any Member nominated to attend the meeting in place of a Member of the Committee.

Minutes:

Councillor Summers substituted for Councillor Foxton and Councillor Wilding for Councillor Watson.

60.

DECLARATIONS OF INTEREST

To receive declarations of interests in respect of Schedule 1, Schedule 2 or Other Interests from members of the committee in respect of items on the agenda.

Minutes:

None.

61.

MINUTES pdf icon PDF 855 KB

To approve and sign the minutes of the meetings held on 13 November 2019.

Additional documents:

Minutes:

In relation to minute 48 it was noted that the correct description of the role of Mr Rawlings, who had spoken in support of the application during the time allocated for public speaking was: Planning Director – Bloor Homes.

 

RESOLVED:   That the minutes of the meetings held on 13 November, 2019 as amended be approved as a correct record and signed by the Chairman.

62.

CHAIRPERSON'S ANNOUNCEMENTS

To receive any announcements from the Chairperson.

Minutes:

The legal advisor to the Committee read a statement to the meeting reminding all present of the requirements of the purdah period preceding the general election on 12 December 2019.

 

The Chairperson reported receipt of an email from Bloor Homes to Officers with attached letter at 9.50 am, shortly before the meeting, in relation to agenda item 6: application 171532 – Land North of Viaduct, Ledbury.  The letter was dated 9 December 2019 and was from a Senior Surveyor Network Rail to Bloor Homes This was circulated to members present.

63.

171532 - LAND NORTH OF VIADUCT, ADJOINING ORCHARD BUSINESS PARK, LEDBURY, HEREFORDSHIRE. OUTLINE PLANNING PERMISSION pdf icon PDF 3 MB

Site for a mixed use development including the erection of up to 625 new homes (including affordable housing), up to 2.9 hectares of B1 employment land, a canal corridor, public open space (including a linear park), access, drainage and ground modelling works and other associated works.  

Decision:

The application was refused contrary to the Case Officer’s recommendation.

Minutes:

(Site for a mixed use development including the erection of up to 625 new homes (including affordable housing), up to 2.9 hectares of B1 employment land, a canal corridor, public open space (including a linear park), access, drainage and ground modelling works and other associated works.)

The Principal Planning Officer gave a presentation on the application, the Committee having deferred consideration of it on 13 November.  Updates/additional representations received following the publication of the agenda were provided in the update sheet, as appended to these minutes.

In addition, the legal advisor read the letter dated 9 December 2019 from a Senior Surveyor Network Rail to Bloor Homes.  This had been made available to members of the Committee shortly before the meeting, as referred to in the Chairperson’s announcements.

This stated:

We refer to your query regarding the possibility of installing a public highway beneath Ledbury Viaduct to serve your land to the north and as you will be aware the current agreement between Bloor Homes and Network Rail Structure Limited (NRIL) does not allow for such a proposal.  Any departure from the current agreement would require both internal and industry wide consultation and approval.

Having held conversations with NRIL’s Structures Asset Engineer we would not allow a public highway to be built beneath the structure as it would introduce undue risk to the railway.  These risks would include making the piers susceptible to bridge strikes and increasing the difficulty for our examiners to gain access to the piers for inspection.  The vibrations caused by the construction and continued use of any highway would also increase the risk profile of the asset going forward.”

In accordance with the criteria for public speaking, Mr J Bannister, of Ledbury Town Council spoke in opposition to the scheme as did Mr D Williams of Wellington Heath Parish Council.  Mr N Rawlings, Planning Director – Bloor Homes, spoke in support.

In accordance with the Council’s Constitution, the local ward member and adjoining ward members were invited to speak.

Adjoining ward member Councillor I’Anson made the following principal comments.  The application, consideration of which had been deferred by the Committee in November, had been returned to the Committee without amendment.  The question of access was a key part of the application.  However, other aspects of the site’s suitability needed to be considered, given, for example, increased risk of flooding as a result of climate change.  She questioned whether the inclusion of the site as a strategic site in the core strategy should be reviewed.  The single access was described as “satisfactory”.  However, she doubted that assessment.

Adjoining ward member Councillor Howells expressed disappointment that the concerns that had been expressed at the Committee’s meeting in November had not been addressed.  The letter from Network Rail dated 9 December had been provided to members that morning.  This did not suggest that the developer was giving weight to the views of the local community.  He made the following principal points:

·        Ledbury Town Council supported the provision  ...  view the full minutes text for item 63.