To receive apologies for absence.

Apologies were received from Councillors AE Gray and JG Jarvis.

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

GUIDANCE ON DECLARING PERSONAL AND PREJUDICIAL INTERESTS AT MEETINGS

The Council’s Members’ Code of Conduct requires Councillors to declare against an Agenda item(s) the nature of an interest and whether the interest is personal or prejudicial.  Councillors have to decide first whether or not they have a personal interest in the matter under discussion.  They will then have to decide whether that personal interest is also prejudicial.

A personal interest is an interest that affects the Councillor more than most other people in the area.  People in the area include those who live, work or have property in the area of the Council.  Councillors will also have a personal interest if their partner, relative or a close friend, or an organisation that they or the member works for, is affected more than other people in the area.  If they do have a personal interest, they must declare it but can stay and take part and vote in the meeting. 

Whether an interest is prejudicial is a matter of judgement for each Councillor.  What Councillors have to do is ask themselves whether a member of the public – if he or she knew all the facts – would think that the Councillor’s interest was so important that their decision would be affected by it.  If a Councillor has a prejudicial interest then they must declare what that interest is and leave the meeting room.

The following declarations of interest were received:

7.            DCSE2008/1120/F - OAK HOUSE NURSERY SCHOOL, BRAMPTON ABBOTTS, ROSS-ON-WYE, HEREFORDSHIRE, HR9 7JD. (Agenda Item 7).

Councillor JA Hyde; Personal; Cabinet Member for Children's Services.

9.            DCSW2008/0941/F - LOWER LULHAM FARM, LULHAM, MADLEY, HEREFORD, HEREFORDSHIRE, HR2 9JJ. (Agenda Item 9).

Councillor RH Smith; Personal and Prejudicial.

To approve and sign the Minutes of the meeting held on 28 May 2008.

RESOLVED:   That the Minutes of the meeting held on 28 May 2008 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.

Erection of 4 no. single storey hotel accommodation suites.

Erection of 4 no. single storey hotel accommodation suites.

Councillor RH Smith, the local ward member, noted the concerns raised by the neighbouring residents regarding drainage, traffic, and overlooking. He felt that these issues had been addressed thoroughly in the Officer’s report and that they could be resolved through conditions.

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       B03 (Amended Plans)

Reason:  To ensure the development is carried out in accordance with the amended plans and to comply with the requirements of Policy DR1 of Herefordshire Unitary Development Plan.

3....... C01 (Samples of external materials)

Reason:  To ensure that the materials harmonise with the surroundings so as to ensure that the development complies with the requirements of Policy DR1 of Herefordshire Unitary Development Plan.

4....... F30 (Use as holiday accommodation)

Reason: Having regard to Policy H7 of Herefordshire Unitary Development Plan the local planning authority are not prepared to allow the introduction of  separate units of residential accommodation in this rural location.

5....... Prior to the commencement of development an Arboricultural Method Statement and Tree Protection Plan shall be submitted to and be approved in writing by the local planning authority.  The work shall be carried out in accordance with the approved details.

Reason: To ensure the proper care and maintenance of the trees and to conform with Policy LA5 of Herefordshire Unitary Development Plan.

6....... G02 (Retention of trees and hedgerows)

Reason:  To safeguard the amenity of the area and to ensure that the development conforms with Policy DR1 of Herefordshire Unitary Development Plan.

7....... I16 (Restriction of hours during construction)

Reason:  To protect the amenity of local residents and to comply with Policy DR13 of Herefordshire Unitary Development Plan.

8....... I18 (Scheme of foul drainage disposal)

Reason:  In order to ensure that satisfactory drainage arrangements are provided and to comply with Policy DR4 of Herefordshire Unitary Development Plan.

9....... L01 (Foul/surface water drainage)

......... Reason:  To protect the integrity of the public sewerage system and to comply with Policy CF2 of Herefordshire Unitary Development Plan.

10..... L02 (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 so as to comply with Policy CF2 of Herefordshire Unitary Development Plan.

11..... L03 (No drainage run-off to public system)

......... Reason:  To prevent hydraulic overload of the public sewerage system and pollution of the environment so as to comply with Policy CF2 of Herefordshire Unitary Development Plan.

Informative(s):

1....... N19 – Avoidance of doubt – Approved Plans

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

Replacement of dangerous garage/workshop with summer house/studio for seasonal use and direct replacement of unstable outbuilding.

Replacement of dangerous garage/workshop with summerhouse/studio for seasonal use and direct replacement of unstable outbuilding

In accordance with the criteria for public speaking Miss Davies, representing numbers 6,7, and 8 Brampton Close, spoke in objection to the application.

Councillor CM Bartrum, the Local Ward Member, noted the concerns of the local resident but felt that some of the issues that had been raised were not material planning considerations. He also noted that Ross Town Council had not objected to the application. Following confirmation in respect of the size of the proposed building he moved the recommendation.

The Senior Planning Officer confirmed that the use of the summerhouse would be ancillary to the existing dwelling. He advised members that the summerhouse may be used for music lessons.

The Development Control Manager advised Members that the application only required planning permission due to the location of the site, which fell within an Area of Outstanding Natural Beauty otherwise it could be permitted under permitted development rights.

Members discussed the application and had concerns regarding the possibility of sound emanating from the summerhouse, they also had concerns in respect of the exterior finish of the building. The Legal Practice Manager confirmed that these issues could be addressed with the inclusion of two additional conditions.

RESOLVED

That planning permission be granted subject to the following conditions:

1       Within 3 months of the date of this permission the summerhouse/studio and outbuilding shall be painted a colour, details of which shall be submitted to and approved in writing by the local planning authority and thereafter maintained.

Reason:  To protect the visual amenities of the area and to ensure the development complies with policies DR1, H18 and LA1 of the Herefordshire Unitary Development Plan.

2       The summerhouse/studio and outbuilding shall be used solely for purposes ancillary to the residential use of the dwellinghouse.

Reason:  In order to safeguard the character and amenity of the area and to comply with policy H18 of the Herefordshire Unitary Development Plan.

INFORMATIVES:

1          N19 - Avoidance of doubt - Approved Plans

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

Two storey extension to Oak House Nursery School comprising a special needs and staff training room at first floor, and a baby room at ground floor, plus entrance lobby

Two storey extension to Oak House nursery school comprising a special needs and staff training room at first floor and a baby room at ground floor, plus entrance lobby

In accordance with the criteria for public speaking Mr Furman, the applicant’s agent, spoke in support of the application.

The Senior Planning Officer reported the following:

·         Further comments received from Rosemary Knapp on behalf of the village hall committee.

·         A further letter of support received from Rosy Phillips, 31 The Gresleys, Ross-on-Wye.

Councillor BA Durkin, the Local Ward Member, advised Members that the applicants ran a very successful nursery. He noted the concerns from local residents in respect of the car parking issues and felt that this situation would deteriorate further if the village hall removed parking rights for staff on two occasions per week as suggested by the village hall committee.

The Area Engineer (Development Control) felt that the applicants should encourage alternative modes of transport for staff and advised Members that this could be promoted through a suitable travel plan.

Members had concerns regarding the proposal from the village hall committee to remove car parking for the nursery. They felt that a site inspection may be beneficial in order to address the parking issues fully. The Local Ward Member requested that a travel plan be drafted prior to Members determining the application and that further consideration be given to the issue of alternative parking arrangements for the nursery.

RESOLVED:

That the determination of the application be deferred pending a site inspection on the following grounds:

• The setting and surroundings are fundamental to the determination or to the conditions being considered.

Erection of general storage building.

Erection of general storage building

The Principal Planning Officer confirmed that amended plans had been received from the applicant.

RESOLVED

That on receipt of suitably amended plans the officers named in the Scheme of Delegation to Officers be authorised to determine the application subject to the following condition and any additional conditions considered necessary by officers:

1.      The building shall be used for storage for farm implements and vehicles for the benefit of the applicant only, and shall otherwise only be used for purposes ancillary to the dwelling known as Gwerndwr and not for any trade of business.

         Reason:  The local planning authority wish to control the use of the premises in the interest of local amenity and to comply with Policy DR2 of the Herefordshire Unitary Development Plan.

Informative(s):

1.      N19 - Avoidance of doubt - Approved Plans

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

Construction of a steel framed building for agricultural/forestry storage.

Construction of a steel framed building for agricultural/forestry storage

Councillor DC Taylor, the Local Ward Member, advised Members that 12 people were employed on the farm. He felt that the applicant should be applauded for offering a sustainable product and he felt that the bund would address the concerns raised by local residents.

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       B02 (Development in accordance with approved plans and materials)

         Reason: To ensure adherence to the approved plans and to protect the general character and amenities of the area in accordance with the requirements of Policy DR1 of Herefordshire Unitary Development Plan

3       G02 (Retention of trees and hedgerows)

         Reason:  To safeguard the amenity of the area and to ensure that the development conforms with Policy DR1 of Herefordshire Unitary Development Plan.

Informative(s):

1       N19 - Avoidance of doubt - Approved Plans

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

Replacement dwelling and garage.

Replacement dwelling and garage

Councillor MJ Fishley, the Vice-Chairman speaking in her capacity as Local Ward Member, advised Members that the current dwelling had become neglected. She added that the she felt the proposed dwelling would improve the site and therefore she was happy to move the recommendation.

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 (Development in accordance with the approved plans)

         Reason. To ensure adherence to the approved plans in the interests of a satisfactory form of development and to comply with Policy DR1 of Herefordshire Unitary Development Plan.

3       C01 (Samples of external materials)

         Reason: To ensure that the materials harmonise with the surroundings so as to ensure that the development complies with the requirements of Policy DR1 of Herefordshire Unitary Development Plan

4       D05 (Details of external joinery finishes)

         Reason: To ensure that the work is finished with materials, textures and colours that are appropriate to the safeguarding of the amenity of the locality and to comply with the requirements of Policy DR1 of Herefordshire Unitary Development Plan.

5       G02 (Retention of trees and hedgerows)

         Reason: To safeguard the amenity of the area and to ensure that the development conforms with Policy DR1 of Herefordshire Unitary Development Plan

Informative(s):

1       N19 - Avoidance of doubt - Approved Plans

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