To receive apologies for absence.

Apologies were received from Councillors JA Hyde, JG Jarvis and PD Price.

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.

There were no declarations of interest made.

To approve and sign the Minutes of the meeting held on 25 June 2008.

RESOLVED:   That the Minutes of the meeting held on 25 June 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.

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.

The Senior Planning Officer reported the following updates:

• The applicant had provided a travel plan, a copy of this had been passed to the Traffic Manager for observation.

• A further letter of objection had been received from Mr and Mrs Cunningham.

Councillor BA Durkin, the local ward member, noted that the travel plan had now been submitted by the applicant. He felt that the parking issues had not materialised and therefore 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          H27 (Parking for site operatives)

Reason: To prevent indiscriminate parking in the interests of highway safety and to conform with the requirements of Policy DR3 of Herefordshire Unitary Development Plan

3          H29 (Secure covered 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 and to conform with the requirements of Policy DR3 of Herefordshire Unitary Development Plan

4          H30 (Travel plans)

Reason: In order to ensure that the development is carried out in combination with a scheme aimed at promoting the use of a range of sustainable transport initiatives and to conform with the requirements of Policy DR3 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

INFORMATIVES:

1          N19 - Avoidance of doubt - Approved Plans

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

Erection of detached bungalow and garage.

Erection of detached bungalow and garage.

The Principal Planning Officer reported the following update:

• Two further letters of support had been received from local residents. The support from local residents was acknowledged but did not outweigh the “in principle” policy objections set out in the Officer’s appraisal.

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

Councillor MJ Fishley, the local ward member, thanked the Chairman for bringing the application before the sub-committee. She felt that the application was not in breach of policies S1 and S6 of the Unitary Development Plan as there was a bus stop at the front of the premises allowing the applicant’s to benefit from sustainable travel. She referred members to the guidance contained within the Council’s Corporate Plan, which encouraged older people to be able to stay in their own homes. In summing up she advised the sub-committee that the health of the applicant had deteriorated since the original Section 106 agreement was agreed in 1991 and that the afore mentioned agreement should now be removed and the application approved.

Councillor RH Smith felt that the UDP could prove restrictive in some instances and that there should be provision to approve applications contrary to policy in some exceptional circumstances. However he felt that the applicant’s circumstances were not exceptional and that the application should be refused as per the Officer’s recommendation.

A motion to refuse approve [minute amended at SAPSC meeting on 20 August 2008] the application failed and the resolution below was then agreed.

RESOLVED

That planning permission be refused for the following reasons:

1          The proposal site is outside any designated settlement and therefore constitutes development in open countryside where new residential development would only be permitted in exceptional circumstances.  It is not considered that the personal circumstances of the applicant outweigh this presumption. Therefore, the proposal is contrary to the provisions of Policy H7 of the Herefordshire Unitary Development Plan 2007.

2          The development of this site would not be sustainable and would place reliance on the use of the motor vehicle.  Therefore, the proposal is contrary to the provisions of Policies S1 and S6 in the Herefordshire Unitary Development Plan 2007.

1)                  Barn A use of permitted barn to house extensively farmed livestock on periodic basis.

2)                  Barn B part use of permitted barn for use as a stable.

3)                  Drainage provision of a grey water soakaway to serve existing office (retrospective application)

1)         Barn A use of permitted barn to house extensively farmed livestock on periodic basis.

2)         Barn B part use of permitted barn for use as a stable.

3)            Drainage provision of a grey water soakaway to serve existing office (retrospective application)

The Planning Officer reported the following update:

• An email had been received from the applicant.

In accordance with the criteria for public speaking, Miss Rigby, the applicant, spoke in support of her application.

Councillor BA Durkin, the local ward member, advised members that there had been some objection to the application from local residents however he felt the application constituted an agricultural use and was therefore in keeping with planning policy.

RESOLVED

That planning permission be granted subject to the following condition:

1          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

INFORMATIVES:

1          N19 - Avoidance of doubt - Approved Plans

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