For:     Mr. D.J.  Hyett  per D.J. Hyett, Architect R.I.B.A. 27 East Street, Hereford, HR1 2LU

To considered and application which has been referred by the Head of Planning Services because the Central Area Planning Sub-Committee is minded to grant permission contrary to the Council’s policies and officer advice.

Ward: Credenhill

The Development Control Manager presented his report about an application for a detached house and garage on land outside the settlement at Breinton.  He said that the Central Area Planning Sub-Committee had been mindful to approve the application at its meeting on 7th February 2007, contrary to recommendation.  The Head of Planning Services had subsequently decided to refer it to the Planning Committee because of the crucial planning policy issues involved. The Sub-Committee had expressed the view that a policy intended to restrict new residential development outside an existing settlement was not appropriate to Breinton Common, which had previously been identified as a small settlement in the former South Herefordshire District Local Plan.  The Sub-Committee had taken the view that the proposal constituted an acceptable form of infill development and that it would not have a detrimental impact on the nature and character of the village.

In accordance with the criteria for public speaking, Mr. Hyett spoke in support of the application.

Councillor RI Matthews, the local Ward Member, said that the applicants had started the proceedings leading to their application some twelve months ago and he felt that some flexibility could be shown within the Council’s Planning policies because at that time the UDP was some way from being adopted.  He drew attention to other applications that had been approved in the vicinity under delegated powers and said that the Sub-Committee was in full support of it.  He felt that the application site formed a natural part of the village and that approval with the appropriate conditions would not be detrimental to the area.  He suggested that these should include retention of the hedgerow to the front of the site so that it provided suitable screening. He pointed out that none of the residents of adjoining properties had raised any objections to the application.  Councillor JGS Guthrie was also of the opinion that the application was on a natural infill site and an attractive design which would enhance the village.  Councillor BF Ashton had a great deal of sympathy for the circumstances which the applicant found himself in but pointed out that the planning policies within the UDP already carried significant weight and that the council should not be in a situation where it was in breach of its own policies, particularly those which were only just coming into force.

The Development Control Manager drew the attention of the Committee to the advanced stage UDP which was expected to be formally adopted by 23rd March, 2007.  He said that the views expressed in support of the application were at variance with the policies within the UDP to restrict the status of the smaller settlements to those with local amenities. He pointed out that Breinton Common did not fulfil the required criteria and was therefore not included in the list of Smaller Settlements in which some development could be permitted. He pointed out that no objections had been received about this during the UDP consultation process and that there was a significant risk that granting planning permission could set a precedent for further development in the locality and may have implications for other similar settlements.  He also drew attention to the local parish council’s objection to the application and support for the policies within the UDP.  The Head of Planning Services reiterated the policy issues involved and also said that it was inappropriate to consider the personal circumstances of the applicant in the light of these.  He said that there was a need for reasonableness and to weigh the material considerations against the planning policies.

Having considered all the facts relating to the application and the advice given by officers, the Committee decided that because of the particular circumstances and location involved, an exception could be made to the Council’s planning policies and that it should be approved.

RESOLVED THAT

planning permission be granted subject to a condition requiring the trees at the front of the site not to be removed and subject to any appropriate conditions considered necessary by the Head of Planning Services.