To receive apologies for absence.

Apologies were received from Councillors RBA Burke and J Stone.

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

The following declarations of interest were made:

To approve and sign the Minutes of the meeting held on 14th July, 2004..

RESOLVED:   (a) that the Minutes of the meeting held on 14th July 2004 be approved as a correct record and signed by the Chairman.

                        (b) that the dates in minute 7 of 16th June (DCNC2003/1895/N - PILOT PLANT FOR ACCELERATED COMPOSTING OF ORGANIC MATERIAL FOR 5 YEARS AT WHARTON COURT, WHARTON, LEOMINSTER, HEREFORDSHIRE, HR6 0NX) be altered to tie in with planning permission being granted for a twelve month period.

To note the contents of the attached report of the Head of Planning Services in respect of appeals for the northern area of Herefordshire.

The report of the Head of Planning Services was received and noted.

To consider representations made in relation to a Tree Preservation Order for land at Oak Tree Cottage, Wellington Heath, Ledbury and to determine whether to confirm the Order.

A report was presented by the Conservation Manager about representations made in relation to a Tree Preservation Order for land at Oak Tree Cottages, Wellington Heath, Ledbury.  He explained details of the Order which related to a service tree and an ash tree.  He said that investigation had revealed that the ash tree was infected by a fungal growth which could cause it to become unstable and in need of removal and replacement.  He therefore suggested that it be excluded from the Tree Preservation Order.

RESOLVED:   That the Tree Preservation Order no. 510 be confirmed with modification to remove reference to the ash tree.

Erection of detached dwelling and ancillary two-bay garage.

The receipt of a letter of objection was reported.  The Principal Planning Officer advised that the consultation period did not expire until 19th August and he suggested that the officers be given delegated authority to determine the application.

Councillor Mrs LO Barnett, the Local Ward Member had a number of concerns about the floor levels of the proposed property because of its location on rising ground and the impact this would have on the adjoining property.  She suggested that there was merit in consideration of the application being deferred to enable the consultation period to expire and for further discussion to be held with the applicant about reducing the proposed height of the floor levels and considering the removal of the conservatory.

RESOLVED:   That consideration of the application be deferred pending the above.

Conversion to snooker hall and bar area and 4 flats.

The receipt of a letter from the applicants stating that they would use the ground floor only of the property was reported.

In accordance with the criteria for public speaking Mr James spoke against the application.

RESOLVED:            That planning permission and Listed Building consent be refused for the following reason:

1.         It is considered that the proposal does not recognise or respect the special qualities of this Listed building.  The alterations required to bring this building into alternative use are considered invasive so as to adversely affect and destroy its architectural and historic character.  As such the proposal is contrary to Policy A18(D) of the Leominster District Local Plan (Herefordshire), Policy CTC.7 of the Hereford and Worcester County Structure Plan and the advice contained in PPG15 Planning and the Historic Environment.

Site for erection of 8 dwellings.

The Sub-Committee agreed to a request from the Local Ward Member that a site inspection should be held.

RESOLVED:   That consideration of the application be deferred pending a site inspection in the following grounds:

(a)               the character or appearance of the development itself is a fundamental planning consideration;

(b)               a judgement is required on visual impact; and

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

Replacement dwelling with detached carport and storage.

In accordance with the criteria for public speaking Mr Telford spoke in favour is his 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          H01 (Single access - not footway ) (5 metres)

            Reason: In the interests of highway safety.

3          H05 (Access gates ) (5 metres)

            Reason: In the interests of highway safety.

4          H12 (Parking and turning - single house ) (2 cars)

            Reason: In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway.

5          No development approved by this permission shall be commenced until the scheme for the provision of foul drainage works has been approved in writing by the Local Planning Authority.  The scheme shall be implemented in accordance with the approved details.

            Reason:  To prevent pollution of the water environment.

6          G09 (Retention of trees/hedgerows)

            Reason:  To safeguard the amenity of the area.

Informative:

1 -        N15 - Reason(s) for the Grant of PP/LBC/CAC

Erection of steel frame part open-sided stock yard.

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 (Samples of external materials )

            Reason: To ensure that the materials harmonise with the surroundings.

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.

Informative:

1          N15 - Reason(s) for the Grant of PP/LBC/CAC

Continuation of planning permission NC2003/1812/F, with alterations to some of the conditions.

The receipt of two letters of support was reported.

In accordance with the criteria for public speaking Mr Lock and Mr Sutton spoke against 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       The times at which the use hereby granted permission may take place shall be restricted to 4 days per calendar month for the diesel and 4 days per calendar month for the trolleys.  There shall be no operations on Saturday, Sunday or Bank Holidays and no operations on more than 2 consecutive days within any calendar week.  The hours of use during the permitted period shall be restricted to 2.00pm to 4.00pm.

         Reason:  To enable the Local Planning Authority to maintain control in the interest of the amenities of occupiers of adjacent residential properties.

3       No rolling stock shall be parked on the track the subject of this planning permission outside the operating times as detailed in condition 2 above.

         Reason:  To enable the Local Planning Authority to maintain control in the interest of the amenities of occupiers of adjacent residential properties.

4       The type of rolling stock shall be restricted to the stock detailed in the schedule received on 4 August 2003 unless otherwise previously agreed in writing with the Local Planning Authority.

         Reason:  To enable the Local Planning Authority to maintain control in the interest of the amenities of occupiers of adjacent residential properties.

5       No more than 4 pieces of rolling stock shall be used at any one time in conjunction with diesel days as set out in condition 2.

         Reason: in the interests of the amenities of occupiers of adjacent residential properties.

6       No more than one trolley shall be operated at any one time.

         Reason:  In the interests of the amenities of occupiers of adjacent residential properties.

7       The conveyance of passengers during the diesel days shall be restricted to one trip per day per calendar month. 

         Reason: In the interests of the amenities of occupiers of adjacent residential properties.

8       No whistles or hooters shall be used at any time on the site except as a safety warning.   

         Reason:  In the interests of the amenities of occupiers of adjacent residential properties.

9       A record shall be kept in writing by the applicant of the occasions referred to in condition 2 above and prior notification of at least a week must be given to the occupiers of Station Cottage and Station House, and shall be made available for inspection by the local planning authority upon request.

         Reason:  To enable the Local Planning Authority to maintain control in the interest of the amenities of occupiers of adjacent residential properties.

10     G10 (Retention of trees )  (add ‘unless otherwise agreed in writing with the local planning authority.)

         Reason: In order to preserve the character and amenities of the area.

         Informative:

1 - N15 -  ...  view the full minutes text for item 52.

Two storey extension.

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 (Samples of external materials )

            Reason: To ensure that the materials harmonise with the surroundings.

3          B02 (Matching external materials (extension) )

            Reason: To ensure the external materials harmonise with the existing building.

Informatives:

1          N03 - Adjoining property rights

2          N15 - Reason(s) for the Grant of PP/LBC/CAC

Agricultural worker’s dwelling.

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.      A06 – Development in Accordance with Approved Plans

Reason: To ensure adherence to the approved plans in the interests of a satisfactory form of development.

3.      B01 – Samples of External Materials

Reason:  To ensure that the materials harmonise with the surroundings.

4.      E16 – Removal of Permitted Development Rights

Reason:  To exercise control over further extensions to the dwelling in order to maintain its size, commensurate with the functional and financial needs of the enterprise.

5.      E28 – Agricultural Occupancy

Reason:  It would be contrary to Development Plan policies to grant planning permission for a dwelling in this location except to meet the expressed case of agricultural need.

6.      G04 – Landscaping Scheme (General)

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

7.      G05 – Implementation of Landscaping scheme

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

8.      H01 – Single Access – not footway

Reason: In the interests of highway safety.

9.      H03 – Visibility Splays

Reason: In the interests of highway safety.

10.  H12 – Parking and Turning (Single House)

Reason: In the interests of highway safety.

Informatives:

HN1 – Mud on Highway

HN4 – Private Apparatus within highway

HN5 – Works within the highway

HN10 – No drainage to discharge to highway

N15 – Policies A2(D), A9, A15, A24, A43, A54 and A70

Proposed single storey front extension.

Councillor TM James the Local Ward Member was disappointed to learn that the applicants were not prepared to negotiate the size of the extension and abstained from the voting.

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 (Matching external materials (extension) )

            Reason: To ensure the external materials harmonise with the existing building.

3 -        E17 (No windows in side elevation of extension )

            Reason: In order to protect the residential amenity of adjacent properties.

Informatives:

1 - N03 - Adjoining property rights

2 - N15 - Reason(s) for the Grant of PP/LBC/CAC

Conversion of barn into dwelling and construction of new cottage.

The receipt of comments from the Council’s Ecologist and revised plans from the applicant was reported.  The Principal Planning Officer advised that minor alterations would need to be made to the conditions if the Committee decided to grant planning permission.  He advised that the hours of operation were 8:00 a.m. – 6:00 p.m. Monday to Friday and 8:00 a.m. – 1:00 p.m. on Saturdays with no work permitted on Sundays or on Bank Holidays. The Sub-Committee decided that the proposals were acceptable subject to there being no work permitted on each Saturday.  The Principal Planning Officer said  that this would need to be first agreed with the applicants.

RESOLVED:            That planning permission be granted, with the following condition that there be no working permitted on Saturdays and an additional condition relating to the mitigation and compensation for the bats and nesting birds identified on site:-

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          A07 – Development in accordance with approved plans

Reason:  To ensure adherence to the approved plans in the interests of a satisfactory form of development.

3          B01 – Samples of external materials

Reason:  To ensure that the materials harmonise with the surroundings

4          C02 – Approval of Details

a)         the details of the position and means of constructing the external buttresses proposed in the structural engineer’s report;

b)         architectural details of window sections, eaves, verges and barge boards at a scale of 1:1 or 1:5, relating to the converted barn and the new dwelling;

c)         details of the proposed finishes of all external joinery relating to the converted barn and the new dwelling;

d)            trade details of the type of roof-light to be utilised;

e)            detailed specification of all rainwater guttering and downpipes;

Reason:  To safeguard the character and appearance of this building of (special) architectural or historical interest.

5          C12 – Repairs to match existing

Reason:  To safeguard the character and appearance of this building of (special) architectural or historical interest.

6          D02 – Archaeological Survey and recording

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

7          E16 – Removal of Permitted Development Rights

Reason:  To preserve the setting of the converted barn

8          F16 – Restriction of hours during construction

Reason:  To protect the amenity of local residents

9          G01 – Details of Boundary Treatments

Reason:  In the interests of visual amenity and to ensure dwellings have satisfactory privacy.

10        G04 – Landscaping scheme (general)

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

11        G05 – Implementation of landscaping scheme (general)

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

12        G09 – Retention of trees/hedgerows

Reason:  To safeguard the amenity of the area

13        Prior to the commencement of the development hereby approved, details of the means of    constructing the new driveway in a manner designed to protect the existing boundary trees and hedgerow from unacceptable damage shall  ...  view the full minutes text for item 56.

Change of use from agricultural land to garden. To convert existing pitched roof barn to a lean-to range.

Councillor Mrs LO Barnett the Local Ward Member was concerned that previous planning permissions had not included conditions about removal of the corrugated metal roof and its replacement with a more suitable material for the historic setting of the area.  She also wished to ensure that a new vehicular access was not created onto the highway from the site.  The Sub-Committee shared the concerns of the Local Ward Member about the corrugated roofing but the Principal Planning Officer advised that there were others in the area and that it would therefore be difficult to impose conditions requiring other materials.

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 submitted with the application, prior to the commencement of the development hereby permitted, details of the following       shall be submitted to and approved in writing by the Local Planning Authority:

            a)            the materials and colour of the external surface of the roof;

            b)         existing and proposed levels and appropriate sections identifying the extent of excavations and groundworks required in respect of the approved garden area;

            c)            details of the design and location of the proposed gazebo

            The development shall be carried out strictly in accordance with the approved details and thereafter maintained as such.

            Reason:  To safeguard the character and appearance of the site and the surrounding countryside.

(3)        G04 - Landscaping Scheme:  (omit ‘landscaping’ and substitute ‘orchard planting’)

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)            Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no fences/gates/walls/garages/buildings or hardstanding areas shall be erected or constructed, other than those expressly authorised by this permission.

Reason: To preserve the character and appearance of the site and surrounding countryside.

Informative:

1          N15 – Reasons for the Grant of PP/LBC/CAC

Potato store extension.

Councillor Mrs LO Barnett the Local Ward Member had a number of concerns about the application.  These revolved around the location of the proposed barn; the storing of potato cases near to The Rectory boundary; early morning vehicles causing disturbance to residents; lorry movements; the unsuitability of the local highway network for heavy vehicles and damage and mud caused to the passing places and road; inadequate signage to the location and the potential hazard of the highway being completely blocked if a heavy vehicle was loading or unloading adjacent to the site, staggering of deliveries, limitation of loading and unloading times and provision of additional passing places. 

The Sub-Committee shared the concerns of the Local Ward Member and Councillor BF Ashton was concerned about the impact of the application on the Area of Great Landscape Value and surprised that the Highways Department were not concerned about the potential highway safety hazards.  It was therefore agreed that the concerns should be investigated further before permission was granted.

RESOLVED:            That the officers named in the scheme of delegation to officers be authorised to grant permission subject to first consulting the Chairman of the Sub-Committee and Local Ward Member about dealing with the above concerns and subject to the following conditions, the application to be referred back to the Sub-Committee if the concerns could not be resolved:

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 (Samples of external materials )

            Reason: To ensure that the materials harmonise with the surroundings.

3          E02 (Restriction on hours of delivery ) [7.00 am to 8.00 pm] Mondays to Sunday nor at any time on Bank or Public Holidays.

            Reason: To safeguard the amenities of the locality.

4          G04 (Landscaping scheme (general) )

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

5          G05 (Implementation of landscaping scheme (general) )

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

6          G06 (Scope of landscaping scheme )            The landscaping scheme required by condition No. 4 above.

            Reason: In order that the local planning authority may be satisfied that the deposited scheme will meet their requirements.

7          Prior to the commencement of the development hereby authorised, details of the protection of the landscaping works from rabbit damage and stock damage shall be submitted to, and agreed in writing by, the local planning authority.

            Reason:  To ensure the satisfactory provision of the acquired landscaping scheme.

Informatives

1          HN01 - Mud on highway

2          HN02 - Public rights of way affected

3          The Right of Way should remain open at all times throughout development.  If development works are perceived to be likely to endanger members of the public then a temporary closure order should be applied for from the Public Right of Way Department, preferably 6 weeks in advance of work starting.

4          The Right of Way should remain at its historic width and suffer no encroachment or  ...  view the full minutes text for item 58.

Two storey extension and alterations to the existing dwelling.

In accordance with the criteria for public speaking Mr Douglas spoke in favour of his application.

Councillor RJ Phillips the Local Ward Member felt that the proposed extension was fairly modest and would not have much greater impact than the existing planning permission for a ground floor extension.  He suggested that if the proposed extension was limited to being constructed to the rear of the property, and permitted development rights were removed, that planning permission could be granted.  The Sub-Committee concurred with is views noting that the appearance of the building when viewed from the front would not be altered if the extension was confined to the rear of the property.

RESOLVED:            That :

(a)               The Northern Area Planning Sub-Committee is minded to approve the application subject to the conditions set out below and any further conditions felt to be necessary by the Head of Planning Services provided that the Head of Planning Services does not refer the application to the Planning Committee;

1)      no permitted development rights;

2)      the extension to be at the rear of the property

(b)               If the Head of Planning Services does not refer the application to the Planning Committee, officers named in the Scheme of Delegation to Officers be instructed to approve the application subject to such conditions referred to above.

(Note: - The Northern Divisional Planning Officer said that given that the Sub-Committee had considered the planning policies, he would not refer the application to the Head of Planning Services.)

Removal of existing extensions and two storey extension.

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 (Samples of external materials )

            No development shall take place until details or samples of materials to be used externally on walls and roofs have been submitted to and approved in writing by the local planning authority.  Development shall be carried out in accordance with the approved details.

            Reason: To ensure that the materials harmonise with the surroundings.

3.         C02 (Approval of details )

Notwithstanding the approved drawings, details of the following shall be submitted to and approved by the local planning authority prior to the commencement of any works.  The development shall be carried out in accordance with the approved details:-

            (a)            Fenestration designs, materials and finishes

            Reason: To safeguard the character and appearance of this building of [special] architectural or historical interest.

Informatives:

1.         N03 - Adjoining property rights

2.         N15 - Reason(s) for the Grant of PP/LBC/CAC

Two storey extension to side and single storey extension to rear of dwelling.

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 – Samples of external materials

Reason: To ensure that the materials harmonise with the surroundings.

Informatives

1.        N03 (Adjoining property rights)

2.        N15 (Reasons for granting planning permission)

Convert ground floor store into study with first floor extensions.

In accordance with the criteria for public speaking Mr Collins spoke in favour of his 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          A06 (Development in accordance with approved plans)

            Reason: To ensure adherence to the approved plans in the interests of a satisfactory form of development.

3          B02 (Matching external materials (extension) )

            Reason: To ensure the external materials harmonise with the existing building.

4          E17 (No windows in side elevation of extension )(south west)

            Reason: In order to protect the residential amenity of adjacent properties.

Informative:

1.         N15 - Reason(s) for the Grant of PP/LBC/CAC

Removal of condition 3 on application no. NE2000/0505/F (to allow caravans to remain on the site between 01 November in any one year and 01 March in the succeeding year)

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          A07 – (Development in accordance with approved plans) (plans received on 08 March 2000)

            Reason: To ensure adherence to the approved plans in the interests of a satisfactory form of development.

3          E35 – (Numbers limitation) (10)

            Reason:  To clarify the terms of the permission and minimise visual intrusion.

4          No hardstanding shall be constructed or external lighting erected without the prior agreement in writing of the Local Planning Authority.

            Reason: To protect the landscape character of the area.

5          The development hereby approved shall relate solely to the siting of touring caravans.

Reason:  In order to define the terms of the permission.

            Informative:

1                    N15 - Reason(s) for the Grant of PP/LBC/CAC

2                    This permission relates to touring caravans only

Replacement annexe. Replacement garage with carport and garden store. Closure of existing access and new access form existing agricultural access.  Landscaping

In accordance with the criteria for public speaking Mr Jolly spoke in favour 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          A06 (Development in accordance with approved plans )

            Reason: To ensure adherence to the approved plans in the interests of a satisfactory form of development.

3          B01 (Samples of external materials )

            Reason: To ensure that the materials harmonise with the surroundings.

4          G03 (Landscaping scheme (housing development) - implementation )

            Reason: To ensure a satisfactory and well planned development and to preserve and enhance the quality of the environment.

5          The landscaping scheme approved under condition No. 4 above shall be amended with the deletion of Corpinus Betulus (Hornbeam) and replacement with Corylus Avellana (Hazel).

            Reason:  This is more characteristic of the local landscape.

6          H01 (Single access - not footway) (5 metres)

            Reason: In the interests of highway safety.

7          H05 (Access gate) (5 metres)

            Reason: In the interests of highway safety.

8          H08 (Access closure)

            Reason: To ensure the safe and free flow of traffic using the adjoining County highway.

9          E29 (Occupation ancillary to existing dwelling only (granny annexes)

            Reason:  It would be contrary to the policy of the local planning authority to grant planning permission for a separate dwelling in this location.

Informatives

1          HN01 - Mud on highway

2          HN04 - Private apparatus within highway

3          HN05 - Works within the highway

4          HN10 - No drainage to discharge to highway

5          N15 - Reasons for the grant of planning permission.

Conversion of former workshop and construction of extension to form single dwelling

RESOLVED:  

NE2004/2156/F

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          A06 (Development in accordance with approved plans )

            Reason: To ensure adherence to the approved plans in the interests of a satisfactory form of development.

3          B01 (Samples of external materials )

            Reason: To ensure that the materials harmonise with the surroundings.

4          E16 (Removal of permitted development rights )

            Reason: To bring any future development under planning control.

5          E18 (No new windows in specified elevation )

            Reason: In order to protect the residential amenity of adjacent properties.

6          F16 (Restriction of hours during construction )

            Reason: To protect the amenity of local residents.

7          G13 (Landscape design proposals )

            Reason: In the interests of visual amenity.

8          G05 (Implementation of landscaping scheme (general) )

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

9          H10 (Parking - single house )

            Reason: In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway.

Informatives:

1          N15 - Reason(s) for the Grant of PP/LBC/CAC

NE2004/2157/C

That Conservation Area Consent be granted subject to the following conditions:

1          C01 – Time limit for commencement

            Reason:  Required to be imposed by Section 18(1) of the Planning (Listed Buildings and conservation Areas) Act 1990.

Informatives:

1          N15 - Reason(s) for the Grant of PP/LBC/CAC