To receive apologies for absence.

All Members were present.

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

The following declarations of interest were made:

To approve and sign the Minutes of the meeting held on 19th January, 2005.

RESOLVED:   That the Minutes of the meeting held on 19th January, 2005 be approved as a correct record and signed by the Chairman.

To note the contents of the attached report of the Head of Planning Services in respect of the appeals received or determined for the southern area of Herefordshire.

The Sub-Committee noted the Council’s current position in respect of planning appeals for the southern area of Herefordshire.

To consider the representations made in relation to a Tree Preservation Order.

The Conservation Manager reported the receipt of one further of letter of objection from Mr. Hughes.

In accordance with the criteria for public speaking, Mr. Hiley, a local resident, spoke in support of the tree preservation order.

RESOLVED

That Tree Preservation Order no. 513 - Linear tree feature along Ashburton Road and to the rear of Ashburton Industrial Estate, Ross-on-Wye be confirmed without modification.  

Erection of 4 new poultry buildings on existing site.

Erection of 4 new poultry buildings on existing site.

Councillor G.W. Davis, the Local Ward Member, proposed that a site inspection be undertaken as the character or appearance of the development itself was a fundamental planning consideration, a judgement was required on visual impact and the setting and surroundings were fundamental to the determination or to the conditions being considered.

In accordance with the criteria for Public Speaking, Mr. Williams had registered to speak in support of the application but decided to defer his opportunity to speak until this application was considered again after the site inspection had taken place.

RESOLVED:

That consideration of the application be deferred for a site inspection to be undertaken on the grounds that the character or appearance of the development itself is a fundamental planning consideration, a judgement is required on visual impact and the setting and surroundings are fundamental to the determination or to the conditions being considered.

Partial reconstruction and extension of barn for 1 no. dwelling.

Partial reconstruction and extension of barn for 1 no. dwelling.

The Development Control Manager advised Members that the application had been withdrawn at the request of the applicant.

Alterations and partial reconstruction of the stable block for the provision of 3 no. holiday cottages.

Alterations and partial reconstruction of the stable block for the provision of 3 no. holiday cottages.

The Development Control Manager reported the receipt of a further letter of support from Mr. Morgan.

In accordance with the criteria for Public Speaking, Mr. Prosser, the applicant’s agent, had registered to speak but was not present at the meeting.

RESOLVED

That planning permission be refused for the following reason:

1.   Notwithstanding that planning permission was granted in 2003 (Application SW2002/3712/F) for the conversion of the building, the proposal would result in a substantial amount of new build development.  As such, the development would not be the conversion of a rural building and is therefore contrary to Hereford and Worcester County Structure Plan Policies H.16A, H.20 and CTC.14, and South Herefordshire District Local Plan Policies GD.1, C.1, C.36, C.37 and TM.5, as supplemented by the Council's 'Re-use and Adaptation of Traditional Rural Buildings' and PPS.7.

Erection of one dwelling.

Erection of one dwelling.

The Principal Planning Officer reported the receipt of revised plans. He also advised Members that the objections raised by the Parish Council and the neighbouring resident remained.

In accordance with the criteria for Public Speaking, Mr. Hopwood, the applicant, spoke in support of the application.

RESOLVED

That reserved matters approval be granted subject to the following conditions:

1.      B01 (Samples of external materials)

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

2.      A09 (Amended plans)

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

3.      G04 (Landscaping scheme (general))

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

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

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

5.      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.

Informatives:

1.      The proposed Biodisc should be relocated outside of the 1% floodplain to prevent any environmental nuisance, from the system being washed out, in the event of a severe flood.

2.      N15 - Reason(s) for the Grant of Approval of Reserved Matters

A)            Conversion of one dwelling into two dwellings and internal alterations and single storey extension.

B)            Conversion of 5 and 6 New Street from one dwelling to two dwellings, single storey extension and internal alterations. Remove garage door to elevation facing New Street and replace by wooden door and window.

A)            Conversion of one dwelling into two dwellings and internal alterations and single storey extension.

B)            Conversion of 5 and 6 New Street from one dwelling to two dwellings, single storey extension and internal alterations. Remove garage door to elevation facing New Street and replace by wooden door and window.

The Senior Planning Officer reported the receipt of a further letter from the applicant and a letter of support from a local resident.

In accordance with the criteria for Public Speaking, Mr. Parkes, the applicant’s agent, spoke in support of the application.

RESOLVED

In respect of DCSE2004/4263/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.      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.      Before any work commences on site detailed drawings of all new windows, dormer windows, rooflights and external doors (including materials and finish) shall first be submitted to and be subject to the prior written approval of the local planning authority.

         Reason:  To protect the visual appearance, character and fabric of this Grade II Listed building.

4.      The new external walling on the front elevation shall match that as existing on that section of the front wall unless otherwise first agreed in writing by the local planning authority.

         Reason:  To protect the visual appearance, character and fabric of this Grade II Listed building.

5.      Before any work commences on site details of the new roofing material intended for the roof of the main building shall first be submitted to and be subject to the prior written approval of the local planning authority.

         Reason: To protect the visual appearance, character and fabric of this Grade II Listed building.

6.      D02 (Archaeological survey and recording)

         Reason:  A building of archaeological/historic/architectural significance will be affected by the proposed development.  To allow for recording of the building during or prior to development.  The brief will inform the scope of the recording action.

Informatives:

1.      This permission does not imply any rights of entry to any adjoining property nor does it imply that the development may extend into or project over or under any adjoining boundary.

2.      N14 - Party Wall Act 1996

3.      The applicant/developer is advised that this planning permission does not override any civil/legal rights enjoyed by adjacent property owners.  If in doubt then the applicant/developer is advised to seek legal advice.  Also the applicant/developer is advised to liaise with the owners of the adjoining properties before and during building work to ensure no damage is caused to those properties by the approved development.

4.      If you have any queries regarding the archaeological interest of the site or the requirements of the conditions relating to archaeological work, please contact Herefordshire Archaeology, Planning Services, Town Hall, St. Owen Street, Hereford (Tel: 01432-383351).

5.      N15 - Reason(s) for  ...  view the full minutes text for item 129.

Fascia sign x 1 and projecting sign x 1.

Fascia sign x 1 and projecting sign x 1.

RESOLVED

That Advertisement Consent be granted subject to the following conditions:

1.      I01 (Time limit on consent)

Reason: In the interests of the visual amenity of the area.

2.      I02 (Removal of existing signs)

Reason: To preclude the build-up of unnecessary advertisements on the application site to the detriment of [the street scene] [visual amenity].

3.      I06 (Non-illuminated sign only)

Reason: In the interests of visual amenity.

4.      No development shall take place until details or samples of materials and finishes for the signage have been submitted to and approved in writing by the local planning authority.

Reason:  To ensure the satisfactory appearance of the signage.

5.      H23 (Canopies/signs/projections over the highway)

         Reason: In the interests of highway safety.

Erection of detached dwelling house with single garage.

Erection of detached dwelling house with single garage.

Councillor P.G. Turpin, the Local Ward Member, said that although he supported the previous application for a small dwelling on the site he could not support an application for a dwelling of this size.

The Development Control Manager advised Members that the dwelling was in keeping with existing dwellings in the area.

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.

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.      No development approved by this permission shall be commenced until a scheme for the conveyance of foul drainage to a private treatment plant has been submitted to and approved by the local planning authority.  No part of the development shall be brought into use until such approved treatment plant has been constructed and is available for use.

Reason:  To prevent pollution of the water environment.

7.      H03 (Visibility splays)

         Reason: In the interests of highway safety.

8.      H05 (Access gates)

         Reason: In the interests of highway safety.

9.      H09 (Driveway gradient)

         Reason: In the interests of highway safety.

10.    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.

Informatives:

1.      HN01 - Mud on highway

2.      HN04 - Private apparatus within highway

3.      HN05 - Works within the highway

4.      HN10 - No drainage to discharge to highway

5.      N15 - Reason(s) for the Grant of Planning Permission

Demolition of existing structures and construction of a new garage with shop and café. Canopy with pumps and underground tanks.

Demolition of existing structures and construction of a new garage with shop and café. Canopy with pumps and underground tanks.

The Senior Planning Officer reported the receipt of an email from a local resident in support of the application. He also advised Members that comments from the Environmental Health Officer had been received requesting a condition regarding opening hours.

In accordance with the criteria for Public Speaking, Mr. Sheikh, a local resident, spoke in objection to the application.

The Chairman, speaking in her capacity as Local Ward Member, supported the views of the objectors and asked for a condition to be added to the recommendation to prevent large vehicles accessing the site from the C1251.

RESOLVED

That subject to there being no objection from the Environment Agency to the flood risk assessment and contaminated land desk study, that 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.      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.

4.      Before any work commences on site details of the colours intended for the car wash, i.e. frame and brushes, shall first be submitted to and be subject to the prior written approval of the local planning authority.

         Reason:  In the interests of visual amenity.

5.      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.

6.      During the demolition and construction phase, no machinery shall be operated, no process shall be carried out and no deliveries taken at or despatched from the site outside of the following times, without prior written consent from the local planning authority:

Monday - Friday 07.30am - 06.00pm,

Saturday 8.00am - 1.00pm

nor at any time on Sundays, Bank or Public Holidays

         Reason:  To protect the amenity of local residents

7.      No materials or substances shall be incinerated within the application site during the demolition and construction phase.

Reason:  To safeguard residential amenity and prevent pollution.

8.      All machinery and plant shall be operated and maintained in accordance with BS5228: 1984 Noise Control of Construction and Open Sites.

         Reason:  To safeguard residential amenity.

9.      The car wash shall only operate between the hours of 07.00 to 22.00 unless otherwise first agreed in writing by the local planning authority.

         Reason:  To protect the residential amenities of nearby dwellings.

10.    There shall be no deliveries to the site before 07.00 and after 22.00 unless otherwise first agreed in writing by the local planning authority.

         Reason:  To protect the residential amenities of nearby dwellings.

11.    No lorries shall be parked  ...  view the full minutes text for item 132.

Pool house office and garden shed in one building detached from existing cottage on site of former outbuildings.

Pool house office and garden shed in one building detached from existing cottage on site of former outbuildings.

The Principal Planning Officer reported the receipt of a further letter of objection from a resident of a neighbouring property. He also advised Members that comments had been received from Welsh Water who did not object to the application subject to conditions regarding drainage.

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.         B01 (Samples of external materials)

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

Informative:

1.         N15 – Reason(s) for the Grant of Planning Permission

The provision of a purpose made LPG bulk storage tank and base.

The provision of a purpose made LPG bulk storage tank and base.

The Development Control Manager reported the receipt of a further letter of objection from Mr. A.M. Fowler-Wright.

Councillor D.C. Taylor, the Local Ward Member, advised that the LPG tank was required to provide fuel for forklift trucks, he felt this would be beneficial to the environment and supported 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.      A06 (Development in accordance with approved plans)

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

Informative:

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

Residential development of six detached houses and associated vehicular access.

Residential development of six detached houses and associated vehicular access.

The Principal Planning Officer reported the receipt of a further letter of objection from a local resident and amended plans from the applicant. He also advised Members that the Parish Council and the Traffic Manager still had concerns about the layout of the car park.

RESOLVED

That subject to the receipt of acceptable amended plans the Officers named in the Scheme of Delegation to Officers, in conjunction with the Local Ward Member, be authorised to grant the approval of Reserved Matters subject to the following conditions and any additional conditions considered necessary by Officers:

1.      B01 (Samples of external materials)

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

2.      G01 (Details of boundary treatments)

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

3.      G04 (Landscaping scheme (general))

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

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

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

Informatives:

1.      The Environment Agency advises that surface water run-off should be controlled as near to its source as possible through a sustainable drainage approach to surface water management.

2.      N15 - Reason(s) for the Grant of Approval of Reserved Matters.

Proposed change of use of first floor games and entertainment room to residential unit.

Proposed change of use of first floor games and entertainment room to residential unit.

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.      E15 (Restriction on separate sale)

         Reason: It would be contrary to the policy of the local planning authority to grant consent for a separate dwelling in this location.

Informative:

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

Proposed demolition of existing house. Erection of new 3 bedroom dwelling and associated garden pavilion.

Proposed demolition of existing house. Erection of new 3 bedroom dwelling and associated garden pavilion.

The Principal Planning Officer reported the receipt of revised plans from the applicant. He also advised members that the Parish Council still had concerns about the application.

The Chairman, speaking in her capacity as Local Ward Member, reiterated the comments made by the Parish Council. She also felt that a condition should be added regarding the removal of site debris in order to reduce the disturbance caused to neighbouring properties.

A number of Members expressed concerns regarding the design of the dwelling and felt that the application should be refused.

A motion to refuse the application failed and the Sub-Committee agreed the resolution detailed below.

RESOLVED

That subject to there being no objection to the revised plans by the end of the consultation period, the officers named in the Scheme of Delegation to Officers be authorised to approve the application subject to the following conditions and 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.      B01 (Samples of external materials)

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

3.      G04 (Landscaping scheme (general))

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

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

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

5.      E16 (Removal of permitted development rights)

Reason: [Special Reason].

6.      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.

7.      F18 (Scheme of foul drainage disposal)

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

8.      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.

9.      The existing dwelling known as ‘Up Beyond’ shall be demolished and the building materials removed from the property within 3 months of the completion of the dwelling hereby approved.

         Reason: To accord with the Council’s policy for rural development

Informative:

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

New dwelling.

New dwelling.

The Principal Planning Officer reported the receipt of revised plans from the applicant.

RESOLVED

That subject to the submission of satisfactory amended plans showing reduced massing and altered relationship to northern boundaries of site, 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.      G01 (Details of boundary treatments)

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

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.      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.

7.      F18 (Scheme of foul drainage disposal)

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

8.      E18 (No new windows in specified elevation)

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

9.      E19 (Obscure glazing to windows)

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

10.    E16 (Removal of permitted development rights)

         Reason: To ensure the character of the original conversion scheme is maintained.

Informative:

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

Replacement of 2 external stairways. Take down and rebuild collapsing wall.

Replacement of 2 external stairways. Take down and rebuild collapsing wall.

RESOLVED

That subject to the receipt of acceptable revised drawings relating to the brick piers and hard surfaced parking area that the officers named in the Scheme of Delegation to Officers be authorised to issue Listed Building Consent subject to the following conditions and any additional conditions considered necessary by officers:

1.      A09 (Amended plans)

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

2.      B07 (Stonework laid on natural bed)

Reason: In the interests of conserving the character of the building.

3.      Full details of the proposed capping on the pillars shall first be submitted to and be subject to the prior written approval of the Local Planning Authority.

Reason:  To protect the visual amenities, character and setting of the Grade II listed building.

4.      Full details of the surfact material intended for the driveway surface shall first be submitted to and be subject to the prior written approval of the local planning authority.

         Reason:  To protect the visual amenities, character and setting of the Grade II listed building.

5.      Full details of any screening to the gas tank shall first be submitted to and be subject to the prior written approval of the local planning authority.

         Reason:  To protect the visual amenities, character and setting of the Grade II listed building.

Informatives:

1.      N03 - Adjoining property rights

2.      N14 - Party Wall Act 1996

3.      N15 - Reason(s) for the Grant of Planning Permission

RESOLVED:         THAT the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Schedule 12A of the Local Government Act, 1972 as indicated below.

This item discloses any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services

To inform members of the service of a Purchase Notice by the owner of the property and to make a formal response.

(This item discloses any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services)

SUMMARY OF THE PROCEEDINGS OF EXEMPT INFORMATION

The Sub-Committee received a report about the service of a Purchase Notice by the owner of the property and made a formal response.