To receive apologies for absence.

Apologies were received from Councillors G.W. Davis, J.G. Jarvis and P.G. Turpin.

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

There were no declarations of interest made.

To approve and sign the Minutes of the meeting held on 21st February, 2007.

RESOLVED:   That the Minutes of the meeting held on 21st February, 2007 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.

Two single storey extensions and detached double garage.

Two single storey extensions and detached double garage.

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       E08 (Domestic use only of garage)

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

INFORMATIVES:

1      N19 - Avoidance of doubt

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

Agricultural sheds – storage for hay, feed, tractor and machinery.

Agricultural sheds – storage for hay, feed, tractor and machinery.

The Senior Planning Officer said that Dorstone Parish Council had submitted further representations to suggesting that the size of the small shed could have been accommodated within the hay barn thus reducing the length of buildings along the roadside.  She also said that an email had been received from the applicants stating that a nearby farm had been robbed a while ago and that and that the police had advised owners to be more vigilant.  They said that they therefore needed approval for a modest secure building to protect all their smaller and more valuable equipment.

In accordance with the criteria for public speaking, Ms. Harberd 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    Notwithstanding the details shown on the submitted plans, samples of materials to be used for the walls and roof are to be submitted to and approved in writing by the local planning authority prior to the commencement of development.

Reason:  To protect the visual amenities of the area.

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       G09 (Retention of trees/hedgerows)

         Reason: To safeguard the amenity of the area.

6       G22 (Tree planting)

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

New natural gas pressure reduction installation and associated works (underground tie-ins to existing Peterstow Compressor Station and no. 2 feeder outside the Compressor Station)

New natural gas pressure reduction installation and associated works (underground tie-ins to existing Peterstow Compressor Station and no. 2 feeder outside the Compressor Station)

The Southern Team Leader ran through the main aspects of the application and said that National Grid had submitted an appeal in respect of application DCSW2006/1298/F - New natural gas pressure reduction installation and associated works (site a)  - which had been refused   by the Sub-Committee at its meeting on 25th August, 2006.

Councillor Mrs JA Hyde, one of the Local Ward Members said that the site was much more acceptable than the one previously refused because it would be much less intrusive on a very attractive part of rural Herefordshire.  She said that this view was also shared by the other Ward Member, Councillor GA Davis.  The Sub-Committee was unanimously in favour of the application.

RESOLVED

That:

(i)                     Pursuant to the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (SI 1999 No. 293), Regulation 3(2) the Herefordshire Council has taken the environmental information into consideration when making their decision.  “Environmental Information” is defined by Regulation 2(1) as “the environmental statement, including any further information, any representations made by any body required by those Regulations to be invited to make representations, and any representations duly made by any other person about the environmental effects of the development:” and

(ii)                    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.         B11 (Details of external finishes and cladding (industrial buildings))

                        Reason: To secure properly planned development.

3.                     D01 (Site investigation - archaeology)

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

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

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

5.                     Notwithstanding the details shown on the landscaping scheme the planting specification for the new hedgerows shall be more diverse and supplemented with oak trees to be planted at regular intervals. The details of these shall be submitted to and be approved in writing by the Local Planning Authority prior to the commencement of development. The work shall be carried out concurrently with the implementation of the landscaping scheme.

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

6.                     If during development, contamination not previously identified, is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted, and obtained written approval from the local planning authority for, an addendum to the Method Statement.  This addendum to the Method Statement must detail how this unsuspected contamination shall be dealt with.

                        Reason:  To ensure that the development complies with approved details in the interests of protection of Controlled Waters.

7.                     Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded  ...  view the full minutes text for item 126.

Removal of condition 6 of permission NE2000/2725/F so that the property can be used to accommodate an agricultural worker.

Removal of condition 6 of permission NE2000/2725/F so that the property can be used to accommodate an agricultural worker.

The Principal Planning Officer reported on the receipt of a copy of a letter sent to the Chairman which explained the applicants’ case and whether the existing dwelling was suitable for occupation by a stockman.  The applicant had contended that

·         the existing dwelling was very large;

·         agriculture could not provide enough income for the maintenance of the house and the occupant must work off the holding;

·         the applicants could not meet the functional need of the holding without an on-site stockman; and

·         the occupants would vacate their property for the on-site worker but in this case the dwelling was not commensurate with the functional need, therefore an additional unit of accommodation was required.

In accordance with the criteria for public speaking, Mrs. Drewett the applicants agent spoke in support of the application.

Councillor J.W. Edwards, the Local Ward Member, shared the views of the applicants that it was essential for a stockman to be living on site and that the applicants could not manage the farm on their own during peak times such as lambing.  The existing farmhouse was a large six-bedroomed building with high maintenance costs and it was not practicable for the applicants to make it available for a stockman and try and find alternative accommodation nearby which would be beyond there means. He felt that the only practical alternative was for the application to be granted and that this could be done with an agricultural occupancy condition which tied the mobile home to the farm house.  Several Members of the Sub Committee concurred with this view and felt that in this particular case an exception could be made to the Council’s Planning Policies.

The Southern Team Leader advised Members that the Officers were not satisfied that the continued use of the mobile home was essential in support the farming enterprise.  He pointed out that there was existing accommodation which was available to meet the needs of the holding.  He also drew attention to the fact that the proposal would conflict with the Council's policies for mobile homes in the countryside and would harm the rural character of the area which was identified as a Great Landscape Value in the Hereford and Worcester County Structure Plan.

Having considered all the facts about the application, the Sub-Committee decided that the applicants had put forward adequate grounds for approval and that it would be reasonable for permission to be granted with adequate conditions which would tie the mobile home to the holding with an agricultural occupancy.  The Development Control Manager advised that because of the planning policy implications involved he would need to refer the matter to the Head of Planning Services and explore the .issues raised about conditions and permanence in relation to those policies.

RESOLVED

The Southern Area Planning Sub-Committee is minded to approve the application subject to the conditions set out below (and any further conditions felt  ...  view the full minutes text for item 127.

25m T-Mobile monopole accommodating tri-sector antenna equipment cabinets and ancillary development.

25m T-Mobile monopole accommodating tri-sector antenna equipment cabinets and ancillary development.

In accordance with the criteria for public speaking, Mr Canilary  the Chairman of Ruardean Parish Council spoke against the application and Ms. Chisholm the applicant’s agent spoke in support.

Members expressed some concerns about the location of the mast which was a potential eyesore for local residents. There was also some doubts expressed about the health implications for nearby residents and for children using the adjoining school.  Councillor Mrs J Hyde wondered if the mast could be relocated or the equipment installed on the existing mast.  The Development Control Manager said that the officers view was that the mast would not cause significant visual intrusion in the landscape. Mast sharing was not an option because each set of equipment increased the structural loading on the mast and the applicants had spent some time arriving at a location which would satisfy their requirements and have the least visual impact. He also pointed out that the applicant has advised that the equipment would be operated in accordance with the National Radiological Protection Board and International Commission on Non-Ionising Radiation Protection guidelines and would not pose a health risk. 

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 monopole, equipment cabins and fencing shall be finished a colour in accordance with a colouration/colour coat scheme to be submitted to and agreed in writing by the local planning authority prior to commencement of development.  The installation shall be coloured in accordance with the approved details and maintained in perpetuity.

Reason: To minimise the impact of the development.

3       No development shall take place until details of hedgerow planting around the perimeter of the ground works compound have been submitted to and approved in writing by the local planning authority.  The details shall include the following

        Reason: To protect and enhance the visual amenities of the area.

INFORMATIVES:

1      N19 - Avoidance of doubt

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

Continued use of land for storage of vehicles.  New fence and gate and landscaping to eastern boundary.

Continued use of land for storage of vehicles.  New fence and gate and landscaping to eastern boundary.

The Planning Officer said that The Conservation Manager was of the view that the  development had a harmful effect on the rural landscape which could not be overcome by boundary treatments.  He therefore recommend refusal because it would be contrary to the following policies: LA2: Landscape character and areas least resilient to change of the Unitary Development Plan and C.1: Development within open countryside of the South Herefordshire District Local Plan (1999). 

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

The Chairman whilst mindful of the views of the Conservation Officer wondered if some help could be offered to small rural enterprises such as this and a temporary permission granted to allow the applicant time to find an alternative location. The Sub-Committee discussed what length of time could be granted to the applicant but the Planning Officer pointed out that some thirty vehicles were stored on site.  The Development Control Manager pointed out the potential difficulties that could be created by granting a temporary permission and suggested that some discretion could be used by the officers regarding the timescale for enforcement.   This view was accepted by the Sub-Committee.

RESOLVED

that planning permission be refused for the following reason:

the continued use of the land for vehicle storage would, in view of its location in the open countryside be contrary to policies C1 and ED6 of the South Herefordshire District Local Plan and policies DR2 and ED11 of the Herefordshire Unitary Development Plan.

Retrospective application for the erection of garden structures including two sheds, a gazebo, fencing and decking.

The Sub-Committee was provided with the following updates:-

letter  from the applicants stating:

After careful consideration and talking into account the views of the local parish council. We would consider removing the gazebo, if necessary, in order to support our application and show our commitment to the local community.

views of the Conservation Manager that:

The key view into the site is from the A40, when approaching Weston-under-Penyard from the west.  The timber sheds, which are to the north and south of the property are in new timber and quite pale in colour.  It is not considered that the sheds are unduly prominent elements when viewed in the context of Rospur, which is cream rendered.  With regard to the decking and gazebo, while these structures are not very sympathetic, in terms of character, to the rural setting of Weston-under-Penyard, they are relatively small elements and do not stand out against the backdrop of houses on the hillside. 

The Sub-Committee discussed the merits of the application and felt that the gazebo should be removed because of the adverse visual impact it had on the church. It was considered that the other structures were acceptable.

RESOLVED

that the Officers named in the Scheme of Delegation to Officers be authorised to grant planning permission subject to any conditions considered necessary by the Officers together with removal of permitted development rights, provided that the gazebo is removed from the scheme.  If the gazebo is not removed, the Officers be authorised to refuse the application.

Mobile field shelter for agricultural livestock (retrospective application).

The Sub-Committee was provided with the following updates:-

a letter from the occupier of  Plum Tree Cottage, Walford stating the following:

the shelter, as built, is for either very large livestock or maybe horses. Maybe a more appropriately sized shelter (not so tall and not such a high roof line) would be better so that it is not so prominent.

an assessment from The Conservation Manager that:

            the  siting of the field shelter is unduly prominent, in particular, due to its vertical scale, the low height of the roadside hedgerow and the lack of hedgerow trees. 

If the field structure was sited on lower ground it might be acceptable.  The possibility of reducing the height of the structure should be explored, as this would lessen its visual impact. 

Some appropriate new planting would be beneficial.  The planting of new, native species trees, such as Oak (Quercus robur), Ash (Fraxinus excelsior) and Field Maple (Acer campestre) adjacent to, or within the existing perimeter field hedgerow, would enhance the character of Forest Smallholdings and Dwellings. 

In accordance with the criteria for public speaking, Mrs Sweet-Escott spoke in support of her application.

RESOLVED

that planning permission be granted subject to the following conditions:

1          Within one month of the date of this decision the building hereby approved shall be sited in accordance with the approved plans received on 23rd January 2007.

               Reason: To protect the visual amenities of the area.

2          Within one month of the date of this decision the building shall be stained a matt, dark colour, details of which shall be first submitted to and agreed in writing with the local planning authority. The colour so approved shall not thereafter be changed without the prior written approval of the local planning authority.

                        Reason: To protect the visual amenities of the area.

3             The building hereby approved shall be used for agricultural purposes only as defined within section 336(1) of the Town and Country Planning Act 1990 (as amended).

                        Reason: To prevent the establishment of an unacceptable use in the countryside.

INFORMATIVES:

1                      N19 - Avoidance of doubt

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

Site for residential and associated development, including linear park and site access.

It was reported that the following updates had been received:-

Welsh Water state that they have been provided with additional information which demonstrated that the proposals would not result in an increase in flows to the public sewerage system.  They ask that conditions and advisory notes be incorporated within the planning consent  relating  to drainage of the site.

The applicant’s agent has submitted a copy of a letter e-mailed to all Members of the Committee, which included a Technical Briefing Note on Drainage Issues.

No changes were proposed to the recommendation.  Paragraph 6.4 of the report should be corrected: the capacity available for foul effluent would allow for development of both the Tanyard Lane site and the laundry site.

In accordance with the criteria for public speaking, Mr Sacket the agent acting for the applicant spoke in support of his application.

Several concerns were expressed by local ward Councillors regarding foul and surface water drainage of the site and the proposals for the new roundabout on the Ross Relief road which would provide access to the site. The Principal Planning Officer said that the drainage issues would be controlled by conditions and he outlined what the disposal arrangements would be.  The application was an outline one and that the details would be incorporated within the planning obligation to be prepared by the officers which would address the concerns raised by Members.  He also said that the proposed roundabout would be the subject of a separate application.  The Southern Team Leader reminded Members that the site was identified for development within the Herefordshire Unitary Development Plan which would shortly be adopted.  He said that the outline permission needed to be granted in order that a detailed application could be dealt with.  Members asked a number of questions about the proposals.

RESOLVED

that subject to the completion of noise surveys and an indication of appropriate mitigation:

            1)         the Legal Practice Manager be authorised to complete a planning obligation agreement under Section 106 of the Town and Country Planning Act 1990 regarding contributions towards education, open space, adoption of open space, affordable housing and highway works.

            2)         upon completion of the aforementioned planning obligation 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.      A02 (Time limit for submission of reserved matters (outline permission))

         Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

2.      A03 (Time limit for commencement (outline permission))

         Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

3.      A04 (Approval of reserved matters)

         Reason: To enable the local planning authority to exercise proper control over these aspects of the development.

4.      A05 (Plans and particulars of reserved matters)

         Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

5.      D01 (Site investigation - archaeology)

         Reason: To ensure the archaeological  ...  view the full minutes text for item 132.