Agenda and minutes

Venue: The Council Chamber, Brockington, 35 Hafod Road, Hereford

Contact: Ben Baugh, Members' Services, Tel: 01432 261882  e-mail:  bbaugh@herefordshire.gov.uk

Items
No. Item

87.

APOLOGIES FOR ABSENCE

To receive apologies for absence.

Minutes:

Apologies for absence were received from Councillors Mrs. E.M. Bew, G.V. Hyde, Mrs. M.D. Lloyd-Hayes, Mrs. J.E. Pemberton, Miss F. Short, Ms. A.M. Toon, D.B. Wilcox and A.L. Williams.

88.

DECLARATIONS OF INTEREST

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

Minutes:

The following declarations of interest were made:

 

Councillors

Item

Interest

D.J. Fleet and J.C. Mayson

Item 7 - DCCW2004/3489/F –

Proposed two storey extension including master bedroom and conservatory at:

LOWER BURLTON, TILLINGTON ROAD, BURGHILL, HEREFORDSHIRE, HR4 7RD

Both Members declared personal interests.

R.M. Wilson

Item 8 - DCCE2004/3733/F –

Amendment to pp CE2002/2558/F to include drainage, private access provision, landscaping and associated works at:

LAND SOUTH OF HEREFORD FROM THE A49 EXTENDING EAST TO THE B4399

Spoke as Cabinet Member (Highways and Transportation) then left the meeting for the remainder of this item.

89.

MINUTES pdf icon PDF 95 KB

To approve and sign the Minutes of the meeting held on 15th December, 2004.

Minutes:

Referring to Minute 78 [Declarations of Interest], the Chairman advised that he had declared a personal interest on planning application DCCW2004/3489/F and not DCCW2004/3085/F.

 

RESOLVED:

 

That, subject to the above amendment, the Minutes of the meeting held on 15th December, 2004 be approved as a correct record and signed by the Chairman.

90.

Item for Information - Appeals pdf icon PDF 56 KB

To note the Council’s current position in respect of planning appeals.

Minutes:

The Sub-Committee received an information report in respect of planning appeals for the central area.

 

RESOLVED:

 

That the report be noted.

91.

Tree Preservation Order 512 - Tree in Front Garden of 118 Church Road, Hereford, HR1 1RT pdf icon PDF 86 KB

To consider representations made in relation to a Tree Preservation Order and to determine whether to confirm the Order.

Minutes:

The Conservation Manager advised that the Scots Pine in question might inconvenience the owners of 118 Church Road but the value of the tree to the street scene was considered significant.  The Conservation Manager noted the owner’s concerns regarding the driveway but felt that there were other ways of overcoming any problems associated with the tree.

 

Councillor W.J. Walling, a Local Member, noted the amenity value of the tree and commented that there were other trees in the vicinity that were not in such a fair condition and could be considered more hazardous.

 

RESOLVED:

 

That Tree Preservation Order no. 512 be confirmed without modification.

92.

DCCW2004/3085/F - Land at Attwood Lane, Holmer Park, Hereford pdf icon PDF 95 KB

32 dwellings and associated works.

Minutes:

32 dwellings and associated works.

 

The Development Control Manager advised that the tight deadline associated with agenda preparation and circulation during the Christmas period meant that the report could not be updated with the latest information.  Given the extensive nature of the  internal Council advice that had been received, it was recommended that consideration of the application be deferred so that a full report could be prepared.

 

RESOLVED:

 

That consideration of application DCCW2004/3085/F be deferred for further information.

93.

DCCW2004/3489/F - Lower Burlton, Tillington Road, Burghill, Herefordshire, HR4 7RD pdf icon PDF 70 KB

Proposed two storey extension including master bedroom & conservatory.

Minutes:

Proposed two storey extension including master bedroom & conservatory.

 

Councillor Mrs. S.J. Robertson, the Local Member, commented on the value of the site inspection and spoke in support of the application.

 

RESOLVED:

 

That planning permission be granted subject to the following conditions:

 

1.      A01 (Time limit for commencement (full permission)).

 

         Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

 

2.      The development hereby permitted shall be carried out strictly in accordance with the approved plans (drawing numbers 3781, 3781.01, 3781.02, 3781.03, 3781.11, 3781.12) and the schedule of materials indicated thereon, except where otherwise stipulated by conditions attached to this permission.

 

         Reason: To ensure adherence to the approved plans and to protect the general character and amenities of the area.

 

3.      The extension hereby permitted shall not be brought into use until the turning area indicated on the drawing, attached to the applicant's letter dated 3rd November, 2004, is laid out properly consolidated, surfaced and drained.

 

         Reason: In the interest of highway safety and to ensure the free flow of traffic using the adjoining highway.

 

Informative:

 

1.      N15 - Reason(s) for the Grant of PP.

94.

DCCE2004/3733/F - Land South of Hereford from the A49 Extending East to the B4399 pdf icon PDF 101 KB

Amendment to pp CE2002/2558/F to include drainage, private access provision, landscaping and associated works.

Additional documents:

Minutes:

Amendment to pp CE2002/2558/F to include drainage, private access provision, landscaping and associated works.

 

The Principal Planning Officer advised that the principle of this proposal had been established through planning permission CE2002/2558/F.  It was noted that the recommendation would provide the opportunity to resolve any outstanding matters with the Environment Agency and the Highways Agency.

 

Councillor R.M. Wilson, speaking in his capacity as Cabinet Member (Highways and Transportation), re-iterated that this application was, in effect, an amendment to the approved scheme following detailed design work and that no fundamental changes to the alignment of the road were proposed.  He added that the proposal involved relatively small pockets of land.

 

Councillor W.J.S. Thomas, the Local Member, noted the minor nature of the amendments and commented that an underpass to accommodate both stock and pedestrians should be given further consideration.  The Principal Planning Officer responded by highlighting condition 11 (h) which required drawings/details of the means of crossing of public footpaths.

 

In response to questions, the Conservation Manager explained the purpose of the wildlife underpasses.

 

RESOLVED:

 

Subject to the concerns of the Environment Agency being resolved and no objection being raised by the Highways Agency, the Officers named in the Scheme of Delegation to Officers be authorised to approve the application subject to the following conditions and any further conditions considered necessary by Officers.

 

1.     The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

 

Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

 

2.     The development shall be carried out in all respects strictly in accordance with the approved plans, except where otherwise stipulated by conditions attached to this permission.

 

Reason: To ensure adherence to the approved plans in the interests of a satisfactory form of development.

 

3.     No development or other site works shall take place until a detailed method statement for all site ground-works and procedures in relation to their archaeological impact has been submitted to, and approved in writing, by the local planning authority.  The development shall only be carried out in accordance with the approved detailed method statement.

 

Reason: The development affects a site on which archaeologically significant remains survive.  An acceptable site working method statement is required to ensure that any such remains are recognised and investigated.

 

4.     No development or other site works shall take place until the applicant or their agents or successors in title have secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority.  This programme shall be in accordance with a brief prepared by the County Archaeological Service.  Prior archaeological excavation required as part of this programme must be completed in the field to the satisfaction of the County Archaeological Service before the commencement of any development.

 

Reason: To ensure that the archaeological interest of the site is recorded, and also to  ...  view the full minutes text for item 94.

95.

DCCE2004/3601/F - New Rents, Lugwardine pdf icon PDF 73 KB

Conversion of outbuilding to detached dwelling.

Minutes:

Conversion of outbuilding to detached dwelling.

 

The Senior Planning Officer advised that the reason under condition 6 should be the same as that under condition 5 and that condition 7 should refer to any elevations of the extension.

 

Councillor R.M. Wilson, the Local Member, noted that the Head of Highways and Transportation considered the proposed access arrangements to be acceptable, subject to conditions, and that there were no objections raised as a result of internal Council advice.  Councillor Wilson also noted that the use of the paddock to the rear of the site did not form part of the application and was not a consideration in this application.  As there were no clear material planning objections, he supported the recommendation.

 

RESOLVED:

 

That, subject to there being no objection from the Water Authority, the Officers named in the Scheme of Delegation to Officers be authorised to approve the application subject to the following conditions and any further conditions considered necessary by Officers.

 

1.      A01 (Time limit for commencement (full permission)

 

Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

 

2.      A09 (Amended plans)

 

Reason: To ensure the development is carried out in accordance with the  amended plans.

 

3.      B01 (Samples of external material)

 

         Reason: To ensure that the materials harmonise with the surroundings.

 

4.      C04 (Details of window sections, eaves, verges and barge boards)

 

Reason: To safeguard the character and appearance of this building of architectural or historical interest.

 

5.      C05 (Details of external joinery finishes)

 

Reason: To safeguard the character and appearance of this building of architectural or historical interest.

 

6.      E16 (Removal of permitted development rights)

 

         Reason: To safeguard the character and appearance of this building of architectural or historical interest.

 

7.      E17 (No windows in any elevations of extension)

 

         Reason: In order to protect the residential amenity of adjacent properties.

 

8.      G01 (Details of boundary treatments)

 

Reason: In the interests of visual amenity and to ensure dwellings have satisfactory privacy.

 

9.      G04 (Landscaping scheme (general))

 

         Reason: In order to protect the visual amenities of the area.

 

10.    G05 (Implementation of landscaping scheme (general))

 

         Reason: In order to protect the visual amenities of the area.

 

11.    G17 (Protection of trees in a Conservation Area)

 

         Reason: To ensure the proper care and maintenance of the trees.

 

12.    H03 (Visibility splays)

 

         Reason: In the interests of highway safety.

 

13.    H05 (Access gates)

 

         Reason: In the interests of highway safety

 

14.    H08 (Access closure)

 

Reason: To ensure the safe and free flow of traffic using the adjoining County highway.

 

15.    H09 (Driveway gradient)

 

         Reason: In the interests of highway safety.

 

16.    H13 (Access, turning area and parking)

 

Reason: In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway.

 

17.    Foul water and surface water discharges must be drained separately from the site.

 

Reason: To protect the integrity of the Public Sewerage System.

 

18.    No surface water shall be allowed to connect (either directly or indirectly) to the  ...  view the full minutes text for item 95.

96.

DCCE2004/3595/F - New Rents, Lugwardine, Hereford pdf icon PDF 82 KB

Proposed dwelling with garage.

Minutes:

Proposed dwelling with garage.

 

The Senior Planning Officer reported the receipt of a letter from the applicant’s agent.  The Senior Planning Officer recommended amendments and additional conditions in respect of window treatments.

 

Councillor R.M. Wilson, the Local Member, noted that there were no objections raised as a result of internal Council advice.  It was also noted that some local residents were concerned about the proposed design but two storey dwellings were typical of the wider locality.

 

RESOLVED:

 

That planning permission be granted subject to the following conditions:

 

1.     The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

 

Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

 

2.     The development hereby approved shall be carried out strictly in accordance with the amended plans received by the local planning authority on 29th November 2004.

 

        Reason: To ensure the development is carried out in accordance with the amended plans.

 

3.     No development shall take place until details or samples of materials to be used externally on walls and roofs have been submitted to and approved in writing by the local planning authority.  Development shall be carried out in accordance with the approved details.

 

        Reason: To ensure that the materials harmonise with the surroundings.

 

4.     Before development commences architectural details of window sections, eaves, verges and barge boards at a scale of 1:1 or 1:5 shall be submitted to the local planning authority and approved in writing.

 

        Reason: To safeguard the character and appearance of this building of architectural or historical interest.

 

5.     Prior to the commencement of development, details of the proposed finishes for all external joinery shall be submitted to and approved in writing by the local planning authority.  The finishes so approved shall not thereafter be changed without the prior written approval of the local planning authority.

 

        Reason: To safeguard the character and appearance of this building of architectural or historical interest.

 

6.  Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order, with or without modification), no windows or dormer windows shall at any time be placed in any either side elevation of the extension hereby permitted.

 

        Reason: In order to protect the residential amenity of adjacent properties.

 

7.     No development shall take place until there has been submitted to and approved in writing by the local planning authority a plan indicating the positions, design, materials and type of boundary treatment to be erected.  The boundary treatment shall be completed before the building is occupied.  Development shall be carried out in accordance with the approved details.

 

        Reason: In the interests of visual amenity and to ensure dwellings have satisfactory privacy.

 

8.     No development shall take place until there has been submitted to and approved by the local planning authority a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land, and details of any to  ...  view the full minutes text for item 96.

97.

DCCW2004/3593/F - Mill Farm, Credenhill, Hereford, HR4 7EJ pdf icon PDF 76 KB

New dwelling.

Minutes:

New dwelling.

 

The Senior Planning Officer recommended an additional condition to ensure the free flow of traffic using the adjoining highway.

 

Councillor R.I. Matthews, the Local Member, acknowledged the level of objections but noted that that, following discussions with Officers, the access and turning area issues could be addressed and he proposed that authority to grant planning permission be delegated to Officers in consultation with the Chairman and himself.

 

RESOLVED:

 

That Officers named in the Scheme of Delegation to Officer, in consultation with the Chairman and the Local Member, be authorised to grant planning permission subject to the following conditions:

 

1.      A01 (Time limit for commencement (full permission)).

 

         Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

 

2.      A06 (Development in accordance with approved plans).

 

         Reason: To ensure adherence to the approved plans in the interests of a satisfactory form of development.

 

3.      B01 (Samples of external materials)

 

         Reason: To ensure that the materials harmonise with the surroundings.

 

4.      C10 (Details of rooflights).

 

         Reason: To ensure the rooflights do not break the plane of the roof slope in the interests of safeguarding the character and appearance of this building of architectural or historical interest.

 

5.      F16 (Restriction of hours during construction).

 

         Reason: To protect the amenity of local residents.

 

6.      F18 (Scheme of foul drainage disposal).

 

         Reason: In order to ensure that satisfactory drainage arrangements are provided.

 

7.      F22 (No surface water to public sewer).

 

         Reason: To safeguard the public sewerage system and reduce the risk of surcharge flooding.

 

8.      F48 (Details of slab levels).

 

         Reason: In order to define the permission and ensure that the development is of a scale and height appropriate to the site.

 

9.      G01 (Details of boundary treatments).

 

         Reason: In the interests of visual amenity and to ensure dwellings have satisfactory privacy.

 

10.    G04 (Landscaping scheme (general)).

 

         Reason: In order to protect the visual amenities of the area.

 

11.    G05 (Implementation of landscaping scheme (general)).

 

         Reason:  In order to protect the visual amenities of the area.

 

12.    H03 (Visibility splays).

 

         Reason: In the interests of highway safety.

 

13.    H05 (Access gates).

 

         Reason: In the interests of highway safety.

 

14.    H06 (Vehicular access construction).

 

         Reason: In the interests of highway safety.

 

15.    H12 (Parking and turning - single house).

 

         Reason: In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway.

 

16.    H13 (Access, turning area and parking).

 

         Reason: In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway.

 

Informatives:

 

1.      HN01 - Mud on highway.

 

2.      HN05 - Works within the highway.

 

3.      HN10 - No drainage to discharge to highway.

 

4.      HN13 - Protection of visibility splays on private land.

 

5.      HN22 - Works adjoining highway.

 

6.      N15 - Reason(s) for the Grant of PP.

98.

(A) DCCE2004/2089/F and (B) DCCE2004/2090/L - Land to the Rear of 71 St Owen Street, Hereford, HR1 2JQ pdf icon PDF 76 KB

Erection of three linked dwellings fronting Harrison Street.

Minutes:

(A) Erection of three linked dwellings fronting Harrison Street and (B) Erection of three linked dwellings with arched access to rear.

 

The Development Control Manager reported that the County Archaeologist recommended an archaeological evaluation of the site, including a trial trench, before the commencement of the development.  The Development Control Manager advised that a dispute between the owners of this site and the owners of an adjoining property was a civil matter but it was hoped that this would be resolved before planning permission was issued.

 

The Chairman, speaking in his capacity as Local Member, noted the constraints of the plot of land but felt that, subject to a number of issues being addressed, the proposal represented an imaginative use of the site.

 

RESOLVED:

 

With respect to DCCE2004/2089/F:

 

That subject to the completion of initial archaeological investigations and submissions and the receipt of amended plans in relation to the neighbouring property, the Officers named in the Scheme of Delegation to Officers be authorised to issue planning permission subject to the following conditions and any additional conditions considered necessary by Officers:

 

1       A01 (Time limit for commencement (full permission))

 

         Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

 

2       B01 (Samples of external materials)

 

         Reason: To ensure that the materials harmonise with the surroundings.

 

3       H13 (Access, turning area and parking)

 

         Reason: In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway.

 

4       G04 (Landscaping scheme (general))

 

         Reason: In order to protect the visual amenities of the area.

 

5       G05 (Implementation of landscaping scheme (general))

 

         Reason:  In order to protect the visual amenities of the area.

 

6       E16 (Removal of permitted development rights)

 

         Reason: [Special Reason].

 

7       E19 (Obscure glazing to windows)

 

         Reason: In order to protect the residential amenity of adjacent properties.

 

8       F16 (Restriction of hours during construction)

 

         Reason: To protect the amenity of local residents.

 

9       W01 (Foul/surface water drainage)

 

         Reason: To protect the integrity of the public sewerage system.

 

10     W02 (No surface water to connect to public system)

 

         Reason: To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no detriment to the environment.

 

11     W03 (No drainage run-off to public system)

 

         Reason: To prevent hydraulic overload of the public sewerage system and pollution of the environment.

 

Informatives:

 

1       N03 - Adjoining property rights

 

2       N14 - Party Wall Act 1996

 

3       The proposed development site is crossed by a public sewer with the approximate position being marked on the attached Statutory Public Sewer Record.  Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times.  No part of the building will be permitted within 3 metres either side of the centreline of the public sewer.

 

4       N15 - Reason(s) for the Grant of PP/LBC/CAC

 

With respect to DCCE2004/2090/L:

 

That subject to the resolution of all matters with regard to DCCE2004/2089/F Officers  ...  view the full minutes text for item 98.

99.

DATE OF NEXT MEETING

The next scheduled meeting is Wednesday 9th February, 2005.

Minutes:

It was noted that the next scheduled meeting was to be held on Wednesday 9th February, 2005.