Apologies were received from Councillors JLV Kenyon and WC Skelton.

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

Councillor SD Williams substituted for Councillor WC Skelton.

To receive any declarations of interest by Members in respect of items on the Agenda.

Agenda item 7: Land at Offas Dene, Prospect Lane, Dinedor

Councillor Greenow declared a non-pecuniary interest because he could see the site from his property.

None.

Proposed two additional mobile homes, two touring caravans and the construction of a day room, associated hard standing drainage and re - aligned access track. 

The application was approved in accordance with the Case Officer’s recommendation.

(Proposed two additional mobile homes, two touring caravans and the construction of a day room, associated hard standing drainage and re - aligned access track.) 

(Councillor Guthrie fulfilled the role of local ward member and accordingly had no vote on this application.)

The Senior Planning Officer gave a presentation on the application, and updates/additional representations received following the publication of the agenda were provided in the update sheet, as appended to these Minutes.

In accordance with the criteria for public speaking, Mrs A Sutton, Clerk to Marden Parish Council spoke in opposition to the Scheme.  Mrs H Hamilton spoke in objection on behalf of The Vauld Community Group.  Mr P Baines of Herefordshire Travellers Support Group, spoke in support.

In accordance with the Council’s Constitution, the local ward member, Councillor KS Guthrie, spoke on the application.

She made the following principal comments:

·        She had received many representations from local residents and Marden Parish Council had made comprehensive objections to the proposal.

·        The proposal represented quite an extensive expansion of the site, which was in the open countryside and set apart from the main village of Marden.

·        The site was outside the settlement boundary in the Neighbourhood Development Plan.

·        The national planning policy for traveller sites stated that planning authorities should ensure that the scale of such sites did not dominate the nearest settled community.  Local planning authorities should very strictly limit new traveller site development in open countryside that was away from existing settlements or outside areas allocated in the development plan.

·        The current permission allowed one touring caravan on the site.  However, two had frequently been observed in breach of conditions.  If the application was approved there was little confidence that there would be compliance with the conditions and that they would be enforced.

·        The proposal was contrary to policy RA3 because the site was outside the settlement boundary.

·        It was contrary to policy M2 of the NDP which sought to protect the rural integrity of hamlets within the parish and protect the rural landscape. 

·        Sustainability was an issue in that the site was 1.5km from Bodenham and 2.5km from Marden.  The C1125 off which the site was accessed was subject to speeding traffic and there had been accidents on the road.  Highway safety was therefore a concern.  There were no pavements.  There was not therefore reasonable access to services and facilities.

·        A possible extension to the site could have been submitted to the Call for Sites process undertaken for Herefordshire Council's Travellers' Sites Document Preferred Options consultation, or indeed to the Call for Sites for development for the Marden NDP.  No such submission had been made.

·        She supported the Parish Council’s conclusion set out at the end of section 5.1 on page 29 of the agenda papers, that there was not “a demonstrated need for additional pitches at this site, located in open countryside, and a significant distance from services and facilities. For this reason, the application is considered to be unsustainable and contrary to Policies RA3 and  ...  view the full minutes text for item 118.

Proposed variation of condition 7 of planning permission dccw2003/3853/f (variation of condition 7 to allow trading to 23.00, 7 days a week (application no. Cw2002/3803/f)) to allow trading to be until 01:00 hours on Sunday to Thursdays and until 02:00 on Friday and Saturday. With customer delivery only sales and no sales counter sales.

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

(Proposed variation of condition 7 of planning permission dccw2003/3853/f (variation of condition 7 to allow trading to 23.00, 7 days a week (application no. Cw2002/3803/f)) to allow trading to be until 01:00 hours on Sunday to Thursdays and until 02:00 on Friday and Saturday. With customer delivery only sales and no sales counter sales.)

The Development Manager gave a presentation on the application.  He noted that the Planning Committee had refused permission on 3 February 2016 but a temporary permission had subsequently been allowed on appeal.

In accordance with the criteria for public speaking, Mr M Jones, a local resident, spoke in objection.  Mr A Salariya, the applicant, spoke in support.

In accordance with the Council’s Constitution, the local ward member, Councillor P Rone, spoke on the application.

He made the following principal comments:

•                  He questioned whether anything had changed since the Committee had refused the original application on the grounds that it was contrary to policy SD1.

•                  He noted that the planning inspector had not considered that a permanent permission could be granted and he sought clarification as to what monitoring of compliance with the conditions had taken place. He noted that the residents had submitted a schedule of breaches, together with photographic evidence of breaches which had been accepted as accurate.

•                  He was concerned that if permission were granted there would be further breaches and in time an application for a further extension of working hours further eroding the amenity of local residents.

•                  The premises was a food factory just 30 ft away from the nearest residential property with four properties within 100ft.

•                  It was not a local facility serving a local need and was too disruptive to residents.

The Planning Inspector had granted a temporary permission to allow further assessment of the impact on neighbouring properties.  The Committee was not satisfied that the parking barrier the applicant was required to put in place was operating effectively, and considered that there had been breaches of the conditions and that the applicant had not demonstrated that they could prevent an adverse impact on residential amenity.

The Development Manager commented that photographs showed that parking barriers had been put in place, but there was a question as to their effectiveness as photographs also showed crowds in the restricted area.  It was not known, however, if the people in the crowd were customers of the applicant.  He did not question the evidence of breaches that had been submitted. However, it would have been helpful if incidents had been reported to the council at the time to permit them to be investigated.  That was why he had recommended a temporary permission, to allow the matter to be reviewed.

The local ward member was given the opportunity to close the debate.  He reiterated his concern that granting permission would have a severe impact on the amenity of local residents.

Councillor Greenow proposed and Councillor Williams seconded a motion that the application be refused on the grounds on  ...  view the full minutes text for item 119.

Erection of one four-bedroom family house with a garage.

The application was approved in accordance with the Case Officer’s recommendation, with additional conditions as set out in the update.

(Erection of one four-bedroom family house with a garage.)

(Councillors Edwards, and James had left the meeting and were not present during consideration of this application.)

The Senior Planning Officer gave a presentation on the application, and updates/additional representations received following the publication of the agenda were provided in the update sheet, as appended to these Minutes.

In accordance with the Council’s Constitution, the local ward member, Councillor D Summers, spoke on the application.  He observed that there were no objections to the application.

Councillor Greenow proposed and Councillor Baker seconded a motion that the application be approved in accordance with the printed recommendation with additional conditions as set out in the update sheet.  The motion was carried with 12 votes in favour, none against and no abstentions.

RESOLVED: That planning permission be granted subject to the following conditions and any other conditions considered necessary by officers names in the scheme of delegation to officers:

1.         C01 (implementation);

2.         C07 Drawings (Site Location Plan (untitled); OD03B; OD05B; OD06B;

3.         C95 (boundary treatments);

4.         C13 (materials);

5.         C65 (remove PD rights –dwelling and curtilage);

6.         CE6 (water resources);

7.         CD2 (habitat enhancement);

8.         CBK (controls during construction- amenity);

9.         CAE (vehicle access construction);

10.       CAL (access, turning and parking);

11.       CB2 (cycle parking).

12.       CBM  (waste water treatment).

13.       CAD (access gates set back)

14        CAH (driveway gradient)

15.       The ecological protection, mitigation and working methods scheme as recommended in the Ecological Report by Just Mammals Consultancy LLP dated September 2017 shall be implemented in full as stated unless otherwise approved in writing by the local planning authority.

            Reason: To ensure that species are protected and habitats enhanced under  Policy LD2 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

16.       C88 G02 – Retention of trees and hedgerows

17.       C90 G04 – Protection of trees/hedgerows that are to be retained.

INFORMATIVES:

1.         The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against planning policy and any other material considerations, including any representations that have been received. It has subsequently determined to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework. 

Date of next site inspection – 30 January 2018

Date of next meeting – 31 January 2018