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

141.

APOLOGIES FOR ABSENCE

To receive apologies for absence.

Minutes:

Apologies were received from Councillors CR Butler, PJ Edwards, MD Lloyd- Hayes, FM Norman and WC Skelton.

142.

NAMED SUBSTITUTES

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

Minutes:

Councillor WLS Bowen substituted for Councillor PJ Edwards, Councillor AW Johnson for Councillor CR Butler, Councillor PP Marsh for Councillor FM Norman and Councillor RJ Phillips for Councillor WC Skelton.

143.

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.

144.

CHAIRPERSON'S ANNOUNCEMENTS

To receive any announcements from the Chairperson.

Minutes:

The Chairperson reiterated his thanks to members of the committee and to officers for their work.

145.

183281 - SWAN HOUSE, WEST STREET, PEMBRIDGE pdf icon PDF 1006 KB

Proposed five bedroom dwelling to the rear of Swan House.

Decision:

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

Minutes:

(Proposed five bedroom dwelling to the rear of Swan House.)

(Councillor Phillips 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, Mr A Pace, of Pembridge Parish Council, spoke in opposition to the Scheme.  Mr A Whibley, the applicant’s agent, spoke in support.

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

He made the following principal comments:

·        The site formed part of the village’s historic burgage plot layout.  The burgage plots had consistently been protected by the planning policies of Herefordshire Council and its predecessors.  The Neighbourhood Development Plan (NDP) had been adopted and continued this protection.

·        When consulted on the NDP Historic England had stated that, amongst other things, the protection of the burgage layout of the village was to be applauded.  It was unclear therefore as to how this related to Historic England’s response to the application included in the report to the Committee.  The NDP, as approved, by the Planning Inspector, reflected the earlier comments.

·        It was important the Committee supported adopted NDPs and confirmed that development on the burgage plots was restricted.  The proposal was contrary to core strategy policies LD1 and LD 4 and a range of policies within the Pembridge NDP in particular PEM 19 that specifically related to the protection of the burgage plot layout.

In the Committee’s discussion of the application it was observed that NDPs should conform to strategic priorities of the local plan but in policy decisions where there was a conflict between the neighbourhood policy and a non-strategic local policy the neighbourhood policy should take precedence.  The Pembridge NDP at PEM 19 provided for the protection of the burgage plot layout.  The NDP was adopted and attracted full weight.  The application should therefore be refused.

The Lead Development Manager commented that Historic England and the Historic Buildings officer had raised no objection to the principle of development on the site leading to the officer recommendation for approval in this particular instance.

The local ward member was given the opportunity to close the debate.  He noted that PEM 4 identified sites for new housing development to meet the housing need.  The burgage plots had not been identified for development.

Councillor Shaw proposed and Councillor Bowen seconded a motion that the application be refused on the grounds that it was contrary to core strategy policies LD1, LD4, and NDP policies PEM 3,4,19 and 20, and relevant paragraphs of the NPPF. The motion was carried with 12 votes in favour, none against and no abstentions.

RESOLVED: That planning permission be refused on the grounds that the application was contrary to core strategy policies LD1, LD4, and NDP policies PEM 3, 4, 19,and 20 and relevant paragraphs of the  ...  view the full minutes text for item 145.

146.

190122 - BALANCE FARM, EYWOOD LANE, TITLEY, KINGTON, HR5 3RU pdf icon PDF 1 MB

Application for approval of reserved matters following outline approval 160581/O (proposed site for the erection of 5 no. Four bedroom dwellings.). Reserved matters for access only.

Additional documents:

Decision:

The Committee deferred consideration of the application.

Minutes:

(Application for approval of reserved matters following outline approval 160581/o (proposed site for the erection of 5 no. Four bedroom dwellings.). Reserved matters for access only.)

(Councillor Holton had left the meeting and was not present during consideration of this application. Councillor Phillips 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.

He noted that since the publication of the committee report, the Planning Inspectorate had confirmed that they had received an appeal in respect of the Council’s earlier decision.  The scheme subject to the appeal was to all intents and purposes the same as the scheme currently being considered. The outcome of the appeal was awaited.

In accordance with the criteria for public speaking, Mr R Edwards, of Titley and District Parish Council spoke in opposition to the Scheme.  Mr R Jones, a local resident, spoke in objection. 

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

He outlined the background to the application, the issues that had arisen about highway safety in relation to access to the main road and the legal opinions that had been received. The question of revoking the current permission involved safety considerations and the cost of compensation to the landowner. He considered that it would be preferable if the committee deferred consideration pending the outcome of the appeal.

Councillor Greenow proposed and Councillor Williams seconded a motion that the application be deferred pending the outcome of the appeal to the planning inspectorate.  The motion was carried with 10 votes in favour, 1 against and no abstentions.

RESOLVED:  That consideration of the application be deferred pending the outcome of the appeal to the planning inspectorate.

147.

182236 - BODENHAM LAKE NATURE RESERVE, BODENHAM, HEREFORDSHIRE pdf icon PDF 423 KB

Proposed re-profiling works to include: southern land spit at the eastern end of the lake to be lowered and divided into three islands. Small island close to bird hide on the southern side of the lake will be cleared of trees, lowered and divided into three smaller islands. The southern half of the western island will be re-profiled.

Decision:

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

Minutes:

(Proposed re-profiling works to include: southern land spit at the eastern end of the lake to be lowered and divided into three islands. Small island close to bird hide on the southern side of the lake will be cleared of trees, lowered and divided into three smaller islands. The southern half of the western island will be re-profiled.)

(Councillor Holton had left the meeting and was not present during consideration of this application.  Councillor Baker fulfilled the role of local ward member and accordingly had no vote on this application.)

The Principal Planning Officer (PPO) 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 BA Baker, spoke on the application.

He supported the application noting that no objections to it had been received. He expressed a concern about ensuring public access and the ability of the sailing club to use the site.

In the Committee’s discussion of the application it was noted that all the consultees appeared to support the proposal and members indicated their broad support for the proposal.  However, clarification was sought in relation to public access and the use of the site by the sailing club.

The PPO commented that the site was open to the public.  The use by the sailing club had declined but had not been restricted by the Herefordshire Wildlife Trust as managers of the site.  The Trust had given its assurance that the site would remain open to the sailing club.  Some safety measures would be in place during construction works.

The local ward member was given the opportunity to close the debate.  He had no additional comment.

Councillor Greenow proposed and Councillor Guthrie 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 planning permission be granted subject to the following conditions and any other conditions considered necessary by officers named in the scheme of delegation to officers:

1.         A01 Time limit for commencement (full permission)

2.         C06 Development in accordance with approved plans

3.         During the construction phase no machinery shall be operated, no process shall be carried out and no deliveries taken at or despatched from the site outside the following times: Monday-Friday 7.00 am-6.00pm, Saturday 8.00 am-1.00 pm nor at any time on Sundays, Bank or Public Holidays.

            Reason: To protect the amenity of local residents and to comply with Policy SD1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

4.         The Method of Work and Environmental Risk Management by Frog environmental dated September 2016 shall be implemented in full as stated unless otherwise approved in writing by the local planning authority.

            Reason: In order to comply with Conservation of Habitats and Species Regulations (2017), National Planning Policy Framework, NERC Act (2006), NPPF (2018),  ...  view the full minutes text for item 147.

148.

DATE OF NEXT MEETING

Date of next site inspection – 18 June 2019 (provisional)

 

Date of next meeting - 19 June 2019 (provisional)

Decision:

The Planning Committee noted the date of the next meeting.

Minutes:

The committee noted the date of the next meeting.

Appendix - Schedule of Updates pdf icon PDF 526 KB