Members stood for a silent tribute in memory of Councillor RBA Burke who recently passed away.

To receive apologies for absence.

Apologies were received from Councillors AE Gray, JA Hyde, and JB Williams.

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.

5.         DCSE2008/0996/F - HOMME FARM, HOM GREEN, ROSS-ON-WYE, HEREFORDSHIRE, HR9 7TF. (Agenda Item 5).

Councillor JG Jarvis; Prejudicial; Acquaintance of the applicant.

To approve and sign the Minutes of the meeting held on 23 July 2008.

RESOLVED:   That the Minutes of the meeting held on 23 July 2008 be approved as a correct record and signed by the Chairman subject to the word ‘refuse’ being replaced with the word ‘approve’ in the final paragraph of minute number 24.

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 continue to erect, take down and re-erect polytunnels rotated around fields as required by the crops under cultivation.

To continue to erect, take down and re-erect polytunnels rotated around fields as required by the crops under cultivation.

The Southern Team Leader reported the following:

• Comments received from the Conservation Manager in support of the application.
• Further letter of objection received from HWVAS.
• Verbal confirmation received from English Heritage stating that they have no formal objection to the application.

In response to the updates received he made the following comments:

• In relation to the letter from HWVAS, it is maintained that the visual impact of the proposal on the character and appearance of the AONB has been appropriately weighed up in the recommendation. There is an acknowledgement of the fact that this is in the light of conflicting policies that support agricultural development and also the views expressed by the Inspector in relation to the Pennoxstone Court Inquiry where the economic benefits of polytunnels (increased quality and quantity of soft fruit, sustainability benefits of reducing food miles and contribution to local economy) were considered to be matters that can be given significant weight.

• Having regard to the procedural issues raised in the letter, the relevant guidance pertaining to applications that potentially do not accord with the provisions of the development plan has been reviewed and advice has been sought from the Government Office for the West Midlands.

• On balance it is considered that if Members are minded to approve the application, this should be done on the basis of delegated approval subject to re-advertising the application as a departure and considering further comments that raise any new material planning considerations.

• Notwithstanding the advice to advertise the application as a departure, it is not considered that the proposal, which seeks to mitigate the visual harm by dispersing polytunnels into a series of smaller 10 hectare blocks and allows for managed rotation together with considerable landscaping and hedgerow reinstatement would significantly prejudice the implementation of the policies of the development plan and the application should not therefore be notified to the Secretary of State. This view is supported by the advice has been sought from the Government Office for the West Midlands (GOWM) who have indicated that they would not wish to see the application unless new material considerations came to light as a result of the additional publicity.

In accordance with the Standards Board Code of Conduct, Councillor JG Jarvis, the local ward member who had declared a prejudicial Interest in respect of the application, addressed the sub-committee prior to leaving the chamber for the ensuing debate and vote.

In accordance with the criteria for public speaking, Mr Preece and Mr Wooldridge spoke in objection to the application and Mr Drummond spoke in support.

Councillor RH Smith asked for confirmation as to what would happen to the land at the end of the 10 year period. The Southern Team Leader confirmed that the polytunnels would have to be removed in accordance with an appropriate scheme of restoration to be agreed between the applicant and the planning department.

Councillor RH Smith  ...  view the full minutes text for item 30.

Proposed extension to existing building to form an open sided loading bay.

Proposed extension to existing building to form an open sided loading bay.

Councillor BA Durkin, the local ward member, felt that approving the application would result in a more efficient use of the current facilities as well as an improvement to the Health and Safety on the site. He noted that the Parish Council had not objected the application and therefore supported it fully.

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          C03 (Matching external materials (general))

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

3          G12 (Hedgerow planting)

Reason: In order to maintain the visual amenity of the area and to comply with Policy LA6 of Herefordshire Unitary Development Plan.

INFORMATIVES:

1          N19 - Avoidance of doubt - Approved Plans

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

Conversion of redundant traditional farm buildings to eight houses and one annexe.

Conversion of redundant traditional farm buildings to eight houses and one annexe.

The Principal Planning Officer reported the following:

• Revised plans and a further letter had been received from the applicant’s agent.
• A further letter of objection had been received from a neighbouring resident.

The Principal Planning Officer made the following comments as a result of the updates:

• It is considered that the merits of the new access are set out in the Officer’s Appraisal. The fact that more traffic uses Scar Lane is not itself a crucial matter given that the issue is whether or not the new junction onto the B4348 road is the optimum method for traffic to join the B4348 road. It is not feasible to provide an access route for traffic  generated by the development further to the east as suggested

Councillor PD Price, the local ward member, advised members that the application had been with the planning department for some time. He noted the concerns of the local residents but felt that the applicant had addressed the issues relating to traffic and access. He felt that the removal of the existing farm buildings would make the site more appropriate for a residential development and he therefore supported the application.

Members were disappointed that the applicants had not included any affordable housing on the site. They noted that the application had been submitted prior to the UDP being adopted by Council, but still felt that affordable housing should have been provided through a voluntary section 106 contribution.

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.      D02 (Approval of details)

         Reason: To ensure that the work is carried out in accordance with the details that are appropriate to the safeguarding of the special architectural or historical interest of the building and to comply with the requirements of Policy HBA1, HBA3 and HBA4 of Herefordshire Unitary Development Plan.

4.      D04 (Details of window sections, eaves, verges and barge boards)

         Reason: To ensure that the work is carried out in accordance with the details that are appropriate to the safeguarding of the special architectural or historical interest of the building and to comply with the requirements of Policy HBA1, HBA3 and HBA4 of Herefordshire Unitary Development Plan

5.      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 special architectural or historical interest of the buildings and to comply with the requirements of Policy HBA1, HBA3 and HBA4 of Herefordshire Unitary Development Plan.

6.      D09 (Details of rooflights)

         Reason: To ensure that the rooflights are of  ...  view the full minutes text for item 32.

Vehicular access amendments and site for agricultural dwelling.

Vehicular access amendments and site for agricultural dwelling.

Councillor DC Taylor, the local ward member, advised members of the sustainable nature of the applicant’s business and moved the recommendation.

Members had reservations in respect of the positioning of the dwelling on the site. They felt that it should be located closer to the farm.

The Principal Planning Officer advised members that the dwelling was situated to enable clear visibility of the whole site as well as acting as a division to the farm to assist in the quarantine of cattle if required.

RESOLVED

That planning permission be granted subject to the following conditions:

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 and to secure compliance with policy DR1 of the Herefordshire Unitary Development Plan.

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.         F27 (Agricultural occupancy)

Reason:  It would be contrary to Policies H7 and H8 of Herefordshire Unitary Development Plan  to grant planning permission for a dwelling in this location except to meet the expressed case of agricultural need.

6.         H01 (Single access - no footway)

Reason: In the interests of highway safety and to conform with the requirements of Policy DR3 of Herefordshire Unitary Development Plan

7.         H03 (Visibility splays)

Reason: In the interests of highway safety and to conform with the requirements of Policy DR3 of Herefordshire Unitary Development Plan

8.         H05 (Access gates)

Reason: In the interests of highway safety and to conform with the requirements of Policy DR3 of Herefordshire Unitary Development Plan

9.         H06 (Vehicular access construction)

Reason: In the interests of highway safety and to conform with the requirements of Policy DR3 of Herefordshire Unitary Development Plan

10.       The existing chalet shall be removed from the site no later than 6 months from first occupation of the new dwelling or as unless otherwise agreed in writing prior to completion of the new dwelling.

Reason:  In order to define the terms to which the application relates in accordance with Policy H8 in the Herefordshire Unitary Development Plan.

Informative(s):

1.         HN01 - Mud on highway

2.         HN05 - Works within the highway

3.         HN10 - No drainage to discharge to highway

4.         HN22 - Works adjoining highway

5.         N19 - Avoidance of doubt - Approved Plans

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

6 new detached houses.

6 new detached houses.

The Principal Planning Officer reported the receipt of three further letters of representation, full details of which were circulated at the meeting.

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

Councillor JG Jarvis, the neighbouring ward member, welcomed the sustainable aspect of the development but was disappointed by the lack of affordable housing on the site. He also noted that the contribution secured through a Section 106 agreement was considerably lower than would have been achieved through the Planning Obligations SPD introduced in April 2008.

Councillor H Bramer had reservations regarding the design of the dwellings and felt that a site inspection would be beneficial to members.

RESOLVED

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

i)                    the character or appearance of the development itself is a fundamental planning consideration.

ii)                  the setting and surroundings are fundamental to the determination or to the conditions being considered.