To receive apologies for absence.

Apologies were received from Councillors CM Bartrum, MJ Fishley, AE Gray, and DC Taylor.

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 made.

To approve and sign the Minutes of the meeting held on 12 November 2008.

Members discussed minute item 62 and particularly made reference to the use of the word ‘affordable’ in the resolution. A debate ensued as to the interpretation of the resolution. It was agreed that the minutes were an accurate account of the debate and that the uncertainty had arisen through the interpretation of the minutes.

RESOLVED:   That the Minutes of the meeting held on 12 November 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.

Retention of 2 field shelters with new external cladding.

Retention of 2 field shelters with new external cladding.

Councillor BA Durkin, the local ward member, felt that his concerns regarding the shape and appearance of the field shelters had not been addressed by the applicants, and he could therefore not support of the application.

In response to a question seeking clarification regarding the additional information received from the applicant, the Southern Team Leader advised that the applicant could apply for a certificate of lawful use if he could prove that the field shelters had been in situ for 4 years. He added that if this was the case, the field shelters would then be permitted in their current state and would not have the benefit of a planning condition to mitigate their impact on the landscape.

Members discussed the application and noted the comments of the Landscape Officer who had not objected to the application. They felt that there were no planning grounds to refuse the application and approved the resolution below.

RESOLVED

That planning permission be granted subject to the following condition:

1          Within 3 months of the date of this permission the field shelters shall be clad in shiplap boards and stained a dark brown colour and thereafter maintained.

Reason:  In the interests of visual amenity and to ensure the shelters comply with Policy LA2 of the Herefordshire Unitary Development Plan.

Informatives:

1          N19 - Avoidance of doubt - Approved Plans

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

Construction of apple pressing barn with storage facilities and relocation of shop

Construction of apple pressing barn with storage facilities and relocation of shop

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          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.

3          H03 (Visibility splays)

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

4          H05 (Access gates)

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

5          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.

6          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 and to conform with the requirements of Policy T11 of Herefordshire Unitary Development Plan.

7          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.

8          G13 (Tree planting)

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

9          B07 (Section 106 Agreement)

Reason: In order to provide [enhanced sustainable transport infrastructure, educational facilities, improved play space, public art, waste recycling and affordable housing] in accordance with Policy DR5 of the Herefordshire Unitary Development Plan 2007.

10.       F06 (Restriction on Use)

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

Informatives:

1.         N02 - Section 106 Obligation

2.         HN01 - Mud on highway

3.         HN04 - Private apparatus within highway

4.         HN05 - Works within the highway

5.         HN10 - No drainage to discharge to highway

6.         HN24 - Drainage other than via highway system

7.         HN28 – Highways Design Guide and Specification

8.         N19 - Avoidance of doubt - Approved Plans

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

Side extension to existing barn, formation of training manége, rebuild of dilapidated shed.  Renewal of parking/turning areas.

Side extension to existing barn, formation of training manège, rebuild of dilapidated shed.  Renewal of parking/turning areas.

Councillor JA Hyde, the local ward member, felt that her initial fears regarding the application had been allayed due to condition 8 which restricted the usage of the manège.

In response to a question, the Principal Planning Officer advised that condition 8 would transfer to the new owners if the property was sold in the future. He added that the conditions meant that the manège could not be used for commercial purposes.

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          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.

5          H04 (Visibility over frontage)

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

6          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 and to conform with the requirements of Policy T11 of Herefordshire Unitary Development Plan.

7          I20 (Scheme of surface water drainage)

Reason: To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal and to comply with Policy DR4 of Herefordshire Unitary Development Plan.

8          F09 (Private use of stables only)

Reason: In order to safeguard the character and amenity of the area and to comply with Policy (specify) of Herefordshire Unitary Development Plan.

Informatives:

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