Apologies were received from Councillors CR Butler, KS Guthrie, TM James, MD Lloyd-Hayes, NE Shaw and WC Skelton.

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

Councillor JA Hyde substituted for Councillor CR Butler, Councillor J Stone for Councillor KS Guthrie and Councillor AW Johnson for Councillor WC Skelton.

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

Agenda item 5: 180403 – 21 The Maltings, Dormington

Councillors Cutter and Hardwick declared non-pecuniary interests as members of the Wye Valley AONB Joint Advisory Committee.

Agenda item 6 - Tump Farm Fownhope

Councillor Hardwick declared a pecuniary interest as landlord of the applicant and a close neighbour and left the meeting for the duration of this item.

Councillor Greenow declared a non-pecuniary interest because he knew the applicant.

To receive any announcements from the Chairperson.

The Chairperson reminded Members that following the publication of the revised National Planning Policy Framework on 24 July officers would need to update references in reports and may need to be given delegated authority to determine the granting or otherwise of planning permission at the meeting as directed by the Committee so that it could be established that any decision would not conflict with the new National Planning Policy Framework.  If any conflict were discovered the relevant application would be brought back to the Committee.

Retention of residential use of former converted carport for ancillary accommodation and retention of the non-material conversion works required to be reversed by enforcement notice EN2017/002562/ZZ.  

The Committee declined to determine the application.

(Retention of residential use of former converted carport for ancillary accommodation and retention of the non-material conversion works required to be reversed by enforcement notice EN2017/002562/ZZ.)

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

The Planning Enforcement Officer gave a presentation on the application.

In accordance with the criteria for public speaking, Mr D Lloyd, of Dormington and Mordiford Parish Council spoke in opposition to the proposal.  Mr V Heeley, a local resident, spoke in objection.  Mr E Wilson, the applicant, spoke in support.

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

He made the following principal comments:

·        The application was retrospective.  He noted that the only planning application on the council website relating to the property was for the provision of 3 new roadside windows to the partially converted barns.  The application had been refused.  However, the windows had still been subsequently put in.  Later the roadside barn had been converted into an annex to provide accommodation for a housekeeper.  No planning application had been made but the development had subsequently been allowed by default.  The local community had been sympathetic because of the applicant’s personal circumstances. However, the current additional development, again without planning permission, was not welcome.

·        The unauthorised development was before the Committee following the submission of a planning application made after an enforcement notice had been issued.  That notice was currently held in abeyance.

·        Evidence recorded over the past two years showed the obstruction and inconvenience neighbours had suffered as a result of the overdevelopment.  If the development were permitted he considered the suggested parking arrangements would be almost impossible to enforce.

·        He considered that the Committee could decide that the arrangement was contrary to policy SD1 because the proposed parking arrangements would be likely to mean vehicles manoeuvring across the shared driveway with a frequency that would be out of keeping and detrimental to the amenity of the existing occupiers.  However, given the history of non-compliance with planning requirements another option was to decline to determine the application under section 70 c of the Town and Country Planning Act 1990 and allow enforcement action to take its course.

The legal adviser to the Committee commented that the Committee could approve the application, refuse it or decline to determine it under 70 c of the Town and Country Planning Act 1990 (as amended).  If the Committee chose to determine the application and refused it, the applicant would have a right to appeal to the Secretary of State.  If the Committee declined to determine the application there would be no right of appeal and the existing enforcement would have to be complied with.  The only way to challenge that decision would be through a judicial review.  On the available information she did not consider that there were grounds for a judicial review using section 70c of the Town and Country Planning Act (as amended).

The Lead Development Manager  ...  view the full minutes text for item 24.

Proposed retention of an existing caravan to be used as accommodation for a farm worker (retrospective).

The Committee approved the application in accordance with the case officer’s recommendation.

(Proposed retention of an existing caravan to be used as accommodation for a farm worker (retrospective).)

(Councillor Hardwick had declared a pecuniary interest and left the meeting for the duration of this item.)

The Enforcement Officer gave a presentation on the application.

In accordance with the criteria for public speaking, Dr T Jones, a local resident, spoke in objection to the application. 

In accordance with the Council’s Constitution, Councillor WLS Bowen fulfilled the role of local ward member on this application on behalf of Councillor Hardwick.

He made the following principal comments:

·        The large caravan, in reality a large mobile home, was brightly painted and in a prominent location visible across the valley, detracting from the Wye Valley Area of Outstanding Natural Beauty (WVAONB).  The response from the WVAONB stated that the caravan was conspicuous from certain perspectives and should be better screened to fit into the landscape and to comply with the Fownhope Neighbourhood Development Plan (FNDP).

·        Even though Fownhope Parish Council had supported the application it was contrary to the FNDP.

·        The WVAONB and the FNDP both stressed the importance of effective screening a neutral paint scheme and mature trees.  However, the location on the edge of a steep bank would make it difficult to screen with trees.

·        The caravan could easily be resited so that it had little impact on the AONB.

·        There was an empty caravan nearby in one of the barns that could be used instead when needed.

·        The caravan was in effect a dwelling in the open countryside.

·        The application should be refused.

In the Committee’s discussion of the application the following principal points were made:

·        It was noted that the WVAONB officer had commented that the application was unlikely to have a significant detrimental impact.  However, the caravan should be better screened.  The Lead Development Manager clarified screening could take many forms.  A member suggested a fence and planting behind it would be better than trees given the location on a bank.  Another member commented on the importance of planting being carried out properly and maintained.

·        The bank had an abundance of flora and fauna and should not be disturbed.

·        Painting the caravan a neutral colour would be of benefit. 

·        There were other sites where the caravan could be located.

·        There were differing views as to whether a stock man was needed on site providing justification for the application in accordance with policy RA3.  Reference was made to the County Land Agent’s response as set out at paragraph 4.7 of the report in support of the application.

·        The caravan was highly visible.

·        A number of complaints had been received.

The Lead Development Manager commented that the County Land Agent had advised that there was a need for a dwelling for a stock man.  The WVAONB officer had commented that the application was unlikely to have a significant detrimental impact but the need for screening had been identified.  The conditions, which he outlined, provided for screening and painting and the intention was that these  ...  view the full minutes text for item 25.

Proposed site for up to 80 dwellings, garages, parking, open space and indicative road layout.

The recommendations were approved as set out in the report.

(Proposed site for up to 80 dwellings, garages, parking, open space and indicative road layout.)

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

The Lead Development Manager presented the report which did not relate to the principle of development but sought to resolve omissions in the draft heads of terms presented to the Committee when it had determined the application on 13 September 2017 and in the minutes of that meeting.

In accordance with the Council’s Constitution, the local ward member, Councillor A Seldon, spoke on the application.  He commented that it was unfortunate that the impression had been given to some in the local community that the principle of the development was to be reconsidered.  He welcomed the proposed health contribution which he hoped would be the first of many in S106 agreements.  He remarked that in part because of the development Welsh Water were now disputing the strategic housing sites it had been proposed to bring forward.

Councillor Greenow proposed and Councillor Johnson seconded a motion that the application be approved in accordance with the printed recommendation.  The motion was carried with 11 votes in favour, none against and no abstentions.

RESOLVED: That subject to the completion of a Section 106 Town & Country Planning Act 1990 obligation agreement in accordance with the amended Heads of Terms attached to the report, officers named in the Scheme of Delegation to Officers be authorised to grant outline planning permission, subject to the conditions below and any other further conditions considered necessary:

1.         A02 Time limit for submission of reserved matters (outline permission)

2.         A03 Time limit for commencement (outline permission)

3.         A04 Approval of reserved matters

4.         B01 Development in accordance with the approved plans

5.         No development shall commence until a Construction Management Plan (CMP) has been submitted to and approved in writing by the Local Planning Authority.  The plan shall include the following details:

a.         Wheel cleaning apparatus which shall be operated and maintained during construction of the development hereby approved.

b.         Parking for site operatives and visitors which shall be retained and kept available during construction of the development.

c.         A noise management plan including a scheme for the monitoring of construction noise.

d.         Details of working hours and hours for deliveries

e.         A scheme for the control of dust arising from building and site works

f.          A scheme for the management of all waste arising from the site

g.         A travel plan for employees.

h.         The agreed details of the CMP shall be implemented throughout the construction period.

            Reason: In the interests of the residential amenity of properties within the locality and of highway safety in accordance with Policies SD1 and MT1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

6.         Prior to the first occupation of any of the dwellings hereby approved a Travel Plan which contains measures and targets to promote alternative sustainable means of transport for residents and visitors  ...  view the full minutes text for item 26.

Date of next site inspection – 21 August 2018

Date of next meeting – 22 August 2018

The Planning Committee noted the date of the next meeting and the intention to move to a four weekly cycle of meetings.