The Chairman said that Mr. Alan Poole, the Development Control Manager, would be retiring at the end of March and he thanked him for his long and dedicated service to the people of Herefordshire.  He also said the Asda store scheme at Causeway Farm, Hereford had received all the necessary consents to proceed.

To receive apologies for absence.

Apologies for absence were received from Councillors Mrs. E.M. Bew, T.W. Hunt (ex-officio), R.I. Matthews, R. Preece, D.B. Wilcox and A.L. Williams.

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

The following declarations of interest were made:

 

Councillors	Item	Interest
Mrs. P.A. Andrews	Item 8 - DCCW2005/0034/F – Variation of condition 10 of planning permission CW2001/1848/F to allow for one tanker delivery to petrol station on Sundays between the hours of 10.00 am and 4.00 pm: TESCO STORES LTD, ABBOTSMEAD ROAD, BELMONT, HEREFORD, HR2 7XS	Declared a prejudicial interest and left the meeting for the duration of this item.
Mrs. S.P.A. Daniels   Mrs. A.M. Toon	Item 6 - DCCW2004/3917/F – Change of use to small school for pupils 11-16 years at: TRINITY HOUSE, 31 BARRICOMBE DRIVE, HEREFORD, HR4 0NU	Declared personal interests.
Mrs. M.D. Lloyd -Hayes	Item 13 - DCCE2004/0292/F – Change of use from residential C3 to residential C2 care home for adults with learning disabilities, including two storey rear extension at: 48 Hafod Road, Hereford, HR1 1SQ & Item 15 - DCCE2004/0320/F – Proposed erection of single storey dwelling with accommodation in roof space and ancillary two bay garage and formation of new vehicular access at: Land adjacent to Pine View, FOWNHOPE Court Drive, FOWNHOPE Herefordshire	Declared a personal interest.

To approve and sign the Minutes of the meeting held on 9th February, 2005.

That the Minutes of the meeting held on 9th February, 2005 be approved as a correct record and signed by the Chairman.

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

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

 

RESOLVED:

 

That the report be noted.

Retention of art deco frontage to Bridge Street and part of chapel, demolition of remaining buildings and proposed development for residential and retail purposes and associated ancillary works

 

Ward: Central

The Principal Planning Officer reported the receipt of a letter from the Applicant in respect of the stained glass window.  The Applicant had advised that this was of poor quality and that it would not be retained in the scheme but would be dismantled and re-used in another scheme.  He also intended to re-cycle brickwork from demolition to help the new development to blend into the area.  The Principal Planning Officer advised that car parking would be provided at one space per dwelling and that the applicant would re-surface part of Gwynne Street.

 

In accordance with the criteria for public speaking Mr. Downes and Mr. Arrol spoke in favour of the application.

 

RESOLVED:   That

 

In respect of DCCW2004/3707/F:

 

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.      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.      D01 (Site investigation - archaeology).

 

         Reason: To ensure the archaeological interest of the site is recorded.

 

5.      D04 (Submission of foundation design).

 

         Reason: The development affects a site on which archaeologically significant remains survive.  A design solution is sought to minimise archaeological disturbance through a sympathetic foundation design.

 

6.      F16 (Restriction of hours during construction).

 

         Reason: To protect the amenity of local residents.

 

7.      F17 (Scheme of foul drainage disposal).

 

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

 

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.      G13 (Landscape design proposals).

 

         Reason: In the interests of visual amenity.

 

10.    G15 (Landscaping implementation).

 

         Reason: To ensure the site is satisfactorily landscaped.

 

11.    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.

 

12.      Finished floor levels shall be et at least 600mm above the 1 in 100 year flood level of 52.62m AOD.

 

         Reason: To protect the new development from flooding and to minimise the risk and damage to property.

 

13.    H27 (Parking for site operatives).

 

         Reason: To prevent indiscriminate parking in the interests of highway safety.

 

14.    H29 (Secure cycle parking provision).

 

         Reason: To ensure that there is adequate provision for secure cycle accommodation within the application site, encouraging alternative modes of transport in accordance with both local and national planning policy.

 

15.    C12 (Repairs to match existing).

 

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

 

16.    C11 (Specification of guttering and downpipes).

 

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

 

17.        C05 (Details of external joinery finishes).

 

Reason: To safeguard the character and  ...  view the full minutes text for item 123.

Change of use to small school for pupils 11-16 years at Trinity House, Hereford

 

Ward: Three Elms

RESOLVED:            That consideration of the application be deferred at the request of the Applicant.

Erection of 2.590 ha of Spanish polytunnels for use in soft fruit growing (table top method).

The Principal Planning Officer reported that the applicant was prepared to remove the two polytunnels from the eastern boundary before October, 2005.  The local Ward Member expressed his appreciation for the work undertaken by The Principal Planning Officer in achieving such a successful outcome.  

 

RESOLVED that planning permission be granted subject to the following conditions:

 

1.      The structures hereby permitted shall be removed and the land restored to its former condition on or before 9th February 2011 in accordance with a scheme of work to be submitted to and approved by the local planning authority.

 

         Reason: To enable the local planning authority to give further consideration to the acceptability of the development.  Permanent permission of this nature would not be appropriate having regard to potential future changes in agricultural production methods.

 

2.      The polythene covering shall only be applied for a period of seven months per calendar year unless otherwise agreed in writing by the local planning authority.

 

         Reason: In the interests of visual amenity having regard to the specific requirements of the growing season.

 

3.      G22 (Tree planting).

 

         Reason: To ensure the environment of the development is improved and enhanced.

 

4.      G25 (Scope of tree planting scheme).

 

         Reason: In order that the local planning authority may be satisfied that the deposited scheme will meet their requirements.

 

5.      G23 (Replacement of dead trees).

 

         Reason: To safeguard the amenity of the area.

 

6.      G01 (Details of boundary treatments).

 

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

7.      G04 (Landscaping scheme (general)).

 

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

 

8.      GO5 (Implementation of landscaping scheme (general)).

 

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

 

9.      Prior to the use hereby approved commencing details of a passing bay along the driveway to Canon Pyon House shall be submitted for approval in writing of the local planning authority and the passing bay installed in accordance with those details prior to use of the polytunnels.

 

Reason: In the interests of highway safety.

 

10.    The new tunnels shall be set back 15 metres from the driveway to Canon Pyon House.

 

         Reason: In the interest of visual amenity.

 

11.    No polytunnels shall be erected on the land owned or rented by the applicant without the express written consent of the local planning authority.

 

         Reason: In order to protect the landscape and residential amenity.

 

12.    Prior to the 1st October 2005 the two tunnels located adjacent to the eastern boundary of Canon Pyon House and approved under CW2003/2321/F shall be removed unless otherwise agreed in writing by the local planning authority.

 

         The local Ward Member, Councillor JC Mayson thanked the Principal Planning Officer for his hard work in achieving such a satisfactory solution.

 

         Reason: In order to clarify the terms of this permission and enhance residential amenity.

 

Informative:

 

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

 

[Note: Councillor Mrs. M.D. Lloyd-Hayes abstained from voting on this item.]

Variation of condition 10 of planning permission cw2001/1848/f to allow for one tanker delivery to petrol station on Sundays between the hours of 10.00 am and 4.00 pm

 

Ward: Belmont

In accordance with the criteria for public speaking, Mrs. Robinson of Belmont Rural Parish Council spoke against the application and Miss Attwell spoke in favour.

 

Councillor P.J. Edwards, the Local Ward Member, expressed his opposition to the application on the grounds that the amenity of adjoining residents would be compromised if deliveries were permitted on Sundays.  He considered that there was ample scope for the company to ensure that deliveries were made so that there was no danger of the petrol station running out of fuel during Bank Holidays.  He was also concerned that the company had failed to adhere to condition number 17 of their original planning application not to deliver on Sundays.  The Principal Planning Officer said that he was investigating this point.  The Sub-Committee concurred with the views of the Local Ward Member and felt that the application should be refused.

 

That    (i)     The Central Area Planning Sub-Committee is minded to refuse the application, subject to the reasons for refusal set out below and any further reasons for refusal felt to be necessary by the Head of Planning Services, provided that the Head of Planning Services does not refer the application to the Planning Committee:

 

1. to protect the amenity of the adjoining residents.

 

(ii)     If the Head of Planning Services does not refer the application to the Planning Committee, Officers named in the Scheme of Delegation to Officers be instructed to refuse the application, subject to such reasons for refusal referred to above.

 

[Note: Following the vote on the above resolution, the Development Control Manager noted that the Sub-Committee had thoroughly debated the issues and the reasons for refusal could be defended.  Therefore, the application would not be referred to the Head of Planning Services.]

Class A1 non-food retail development car parking associated facilities and servicing.

 

Ward Three Elms

RESOLVED:         That unconditional planning permission be granted.

 

INFORMATIVES:

 

1       The applicant is advised that the site is also the subject of an outline planning permission (DCCE2003/3392/O) and that Conditions 3, 5, 7, 8, 9, 10, 11, 12, 14, 16, 17, 18, 19 and 20 require discharging or satisfying as part of the overall development of the site.  Furthermore that the Section 106 Agreement relating to this site requires the agreed financial contribution to be paid upon implementation of the development hereby approved.

 

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

Construction of 23 flats with 20 car parking spaces.

 

Ward: Central

The Principal Planning Officer advised that the Hereford Conservation Area Advisory Committee had requested that the car parking be provided underground but he pointed out that this would not be acceptable because it would destroy the archaeology of the area.  He also advised that the Applicants would be providing an archaeological interpretations board on the site. 

 

Councillor Ms A.M. Toon had some concerns about the colour that the proposed building would be painted in and suggested that this be first agreed by the Chairman.

It was noted that although proposals had been formulated by the previous highway authority for a future road widening scheme of Bath Street but had not been included in any Herefordshire Council policies. The Chairman requested that the dormant proposals be reviewed with a view to them being deleted.

 

RESOLVED:            That planning permission be granted subject to the following conditions, and subject to the Chairman first being consulted on the colour scheme of the exterior of the building:

 

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         Notwithstanding the approved drawings, details of the following shall be submitted to and approved in writing by the local planning authority prior to the commencement of development:

 

         (a) specification of the 'artisan designed' railings to the Bath Street frontage;

         (b) detailed specification relating to the tinting of the glazed screen walls and windows serving the residential units hereby approved;

         (c) the position and design of the archaeological interpretation board;

         (d) details of rainwater goods and their positions.

 

         Reason: To ensure a satisfactory appearance upon completion of the development

 

4       D01 (Site investigation - archaeology)

 

         Reason: To ensure the archaeological interest of the site is recorded.

 

5       D04 (Submission of foundation design)

 

         Reason: The development affects a site on which archaeologically significant remains survive.  A design solution is sought to minimise archaeological disturbance through a sympathetic foundation design.

 

6       E18 (No new windows in specified elevation)

 

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

 

7       F16 (Restriction of hours during construction)

 

         Reason: To protect the amenity of local residents.

 

8       Foul and surface water discharges must be drained separately from the site and no surface water or land drainage run off shall be permitted (whether directly or indirectly) to discharge into the public sewerage system.

 

         Reason: To protect the integrity of the public sewerage system and prevent hydraulic overloading in the interests of health and safety of existing residents and the wider environment.

 

9       G13 (Landscape design proposals)

 

         Reason: In the interests of visual amenity.

 

10     G15 (Landscaping implementation)

 

         Reason: To ensure the site is satisfactorily landscaped.

 

11     H07 (Single access - outline consent)

 

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

 

12     H13 (Access, turning area and parking)

 

         Reason: In the interests of highway safety and to ensure  ...  view the full minutes text for item 128.

Proposed stable and tack/trap shed.

 

Ward: Backbury

RESOLVED:         That planning permission be granted subject to approval:

 

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 materials)

 

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

 

4       E11 (Private use of stables only)

 

         Reason: In order to safeguard the residential amenity of the area.

 

INFORMATIVE:

 

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

Proposed first floor and ground floor extensions.

 

Ward: St. Martins & Hinton

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       A09 (Amended plans)

 

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

 

3       B02 (Matching external materials (extension))

 

         Reason: To ensure the external materials harmonise with the existing building.

 

INFORMATIVE:

 

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

Change of use from Residential C3 to Residential C2 care home for adults with learning disabilities, including two storey rear extension.

 

Ward: Tupsley

The receipt of five further letters of objection was reported, together with a letter from the Agent of the Applicant giving further information about car parking proposals for the site.  The Principal Planning Officer said that the proposals for visitor and staff car parking were acceptable on planning grounds. 

 

In accordance with the criteria for public speaking, Mr. Wilkins spoke against the application.

 

Councillor Mrs. M.D. Lloyd-Hayes, one of the Local Ward Members, expressed her support for the application, pointing out that there were similar care homes elsewhere in Tupsley which operated without causing car parking or loss of amenity problems for adjoining local residents.  She felt that although objectors had raised objections about car parking, the explanation given by the officers about shift arrangements, some of the staff not having cars and car parking provision, that all requirements would be met.  Similar large dwellings had been purchased for conversion to flats and no problems had been encountered regarding traffic generation and on-street parking from these.

 

Councillor G.V. Hyde, one of the other Local Ward Members, was opposed to the application, feeling that it was the wrong use in the wrong place.  He was concerned about the problems that could be created by visitors or staff parking in Hafod Road, which had become extremely busy as a short cut since the installation of traffic lights in Ledbury Road.  Councillor W.J. Walling had similar concerns and did not feel that such a business use was compatible in a conservation area.  Councillor J.W. Newman had concerns that, despite assurances, car parking could be a problem due to delivery vans, visitors, staff and medical/health service visitors.  Councillors A.C.R. Chappell and Mrs. W.U. Attfield were in favour of the application and felt that the car parking provision would be satisfactory, given that residential staff were on site 24 hours per day.  They felt that the residential accommodation was essential for the use proposed, which would otherwise be difficult to locate at an alternative site within the city.  They did not feel that the conservation area would be compromised by the proposals.

 

The Principal Planning Officer provided the Sub-Committee with further details about the application, including the provision for car parking and the shift working pattern of residential care workers.  He said that there would be no windows overlooking adjoining properties from the proposed extension and that the size of the extension had been judged on the grounds of a planning application for a residential extension. 

 

A motion that the Sub-Committee was mindful to refuse the application was lost.  

 

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       A07 (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.  ...  view the full minutes text for item 131.

Change of use of building from a health centre to a fish and chip shop.

 

Ward: Tupsley

The receipt of a letter from the Applicant’s Agent was reported.  The Development Control Manager said that the Head of Environmental Health and Trading Standards was satisfied with the arrangements for noise attenuation which could be dealt with by the appropriate planning conditions.

 

In accordance with the criteria for public speaking, Mr. Lloyd and Mr. Harbour spoke against the application and Mrs. Humphries and Mr. Watkinson spoke in favour.

 

The Sub-Committee considered the application in detail, and was mindful of the points that had been made in favour and those against.  Councillor G.V. Hyde one of the Local Ward Members felt that the application was a reasonable and would provide a good amenity for the local community.  He also felt that it’s location in a row of shops would not make it out of place, there were similar outlets in other residential areas within Hereford which operated successfully without problems and he saw no reason why this one should not be the same.  Councillor W.J. Walling was against the application and supported the recommendation of the officers.  Having considered all the facts the Sub-Committee felt that there was sufficient grounds to approve the application, subject to appropriate conditions regarding control of litter, noise and odour.

 

That    (i)   The Central Area Planning Sub-Committee is minded to approve the application, subject to the conditions listed below (and to any further conditions felt to be necessary by the Head of Planning Services), provided that the Head of Planning Services does not refer the application to the Planning Committee:

 

1.  noise attenuation;

 

2.  control of odour emissions; and

 

3.  control of litter.

 

(ii)     If the Head of Planning Services does not refer the application to the Planning Committee the Officers named in the Scheme of Delegation to Officers be instructed to approve the application, subject to such conditions referred to above.

 

[Note:             Following the vote on the above resolution, the Development Control Manager commented that the Sub-Committee had carefully considered the policies and, therefore, there were no critical policy issues at stake and the application would not be referred to the Head of Planning Services.]

Proposed erection of single storey dwelling with accommodation in roof space and ancillary two bay garage and formation of new vehicular access.

 

Ward: Backbury

The Principal Planning Officer reported that a letter had been received from a local resident asking for it to be ensured that the disposal of surface water was adequately dealt with on site.  He said that this could be controlled by condition No. 9 set out below. 

 

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       A09 (Amended plans)

 

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

 

3       B01 (Samples of external materials)

 

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

 

4       E08 (Domestic use only of garage)

 

         Reason: To ensure that the garage is used only for the purposes ancillary to the dwelling.

 

5       E09 (No conversion of garage to habitable accommodation)

 

         Reason: To ensure adequate off street parking arrangements remain available at all times.

 

6       E16 (Removal of permitted development rights)

 

         Reason: To enable the local planning authority to retain control over these matters in the interest of protecting the Area of Outstanding Natural Beauty and Conservation Area.

 

7       E17 (No windows in side elevation of extension)

 

         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       F18 (Scheme of foul drainage and surface water disposal)

 

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

 

10     F28 (No discharge of foul/contaminated drainage)

 

         Reason: To prevent pollution of the water environment.

 

11     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.

 

12     G01 (Details of boundary treatments)

 

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

 

 

13     G04 (Landscaping scheme (general))

 

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

 

14     G05 (Implementation of landscaping scheme (general))

 

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

 

15     G17 (Protection of trees in a Conservation Area)

 

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

 

16     G19 (Existing trees which are to be retained)

 

         Reason: In order to preserve the character and amenity of the area.

 

17     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.

 

18     H27 (Parking for site operatives)

 

         Reason: To prevent indiscriminate parking in the interests of highway safety.

 

INFORMATIVES:

 

1       HN01 - Mud on highway

 

2       N03 - Adjoining property rights

 

3       The applicants attention is drawn to the comments made by the Environment Agency (enclosed) in response to application DCCE2002/3222/O.  These comments remain equally valid and appropriate in the context of this application.

 

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