Application for removal of Condition 5 and the variation of condition 16 following Application No: 163902/F. (Demolition of 5no. existing redundant agricultural outbuildings to facilitate expansion of existing restaurant and following events facilities: Function Suite, Fine Dining Restaurant and Lounge, Conference Space and 16no. Accommodation Suites.

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

The senior planning officer gave a presentation on the application and the updates/representations received following the publication of the agenda as provided in the update sheets and appended to these minutes.

In accordance with the criteria for public speaking a statement was read on behalf of Mr R James, Whitbourne Parish Council; Mrs L Kershaw, a local resident, spoke in opposition to the application; and Mr B Greenaway, the applicant’s agent, spoke in support of the application.

In accordance with the Council's constitution the local Ward member spoke on the application. In summary he explained that the reasons for the original condition 5 had not been explained therefore a decision to remove the condition could not be taken. Condition 16 preserved local residential amenity by ensuring there was a cut-off of 11:00 p.m. The noise assessments that had been undertaken were not sufficiently robust to justify the removal of the condition. In order to protect local residential amenity the committee was asked to consider the refusal of the application on the basis of National Planning Policy Framework (NPPF) paragraphs 7, 8, 126-135, (specifically 130 f) and 185 and RA6 of the Local Plan.

The committee discussed the application.

The legal adviser to the committee explained that there was doubt regarding the imposition of condition 5 and there were not felt to be any exceptional circumstances to justify the continuation of the condition.

The Local Ward member was given the opportunity to close the debate and explained the relevant planning policies which would support the refusal of the application.

A motion to refuse the application due to unacceptable impacts on residential amenity (with reference to National Planning Policy Framework (NPPF) paragraphs 7, 8, 126-135, (specifically 130 f) and 185 and RA6 of the Herefordshire Local Plan – Core Strategy) was carried.

RESOLVED: that planning permission be refused due to unacceptable impacts on residential amenity (with reference to National Planning Policy Framework (NPPF) paragraphs 7, 8, 126-135, (specifically 130 f) and 185 and RA6 of the Herefordshire Local Plan – Core Strategy). 

(There was an adjournment at 11:14 a.m.; the meeting reconvened at 11:26 a.m.)