To receive apologies for absence.

Appologies for absence were received from Councillors S Bowen, RBA Burke, K Grumbley  and RJ Phillips.

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

To approve and sign the Minutes of the meeting held on 1 December, 2004.

RESOLVED:            That the minutes of the meeting held on 5 January 2005 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 appeals for the northern area of Herefordshire.

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

The Sub-Committee considered the following planning applications received for the Northern Area of Herefordshire and authorised the Head of Planning Services to impose any additional or varied conditions and reasons considered to be necessary.

Ward: Kington

In accordance with the criteria for public speaking Mrs Bradbury spoke on behalf of Kington Town Council and Mr Otter spoke against the application.  

The Committee discussed details of the application and shared the concerns of the objectors that it was likely to  constitute over development of the site.  It was felt to be advantageous if the applicant could be persuaded to reduce the number of dwellings on the site.

RESOLVED

That consideration of the application be deferred pending further discussions between the officers and the applicant about the possibility of the number of dwellings proposed for development on the site being reduced.

Ward: Frome

RESOLVED

That planning permission be granted subject to the following conditions:

1.   Application for approval of the reserved matters shall be made to the local planning authority before the expiration of three years from the date of this permission.

Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

2.     The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last reserved matters to be approved, whichever is the later.

Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

3.     Plans and particulars of the reserved matters referred to above relating to the siting, design and external appearance of any buildings to be erected, the means of access to the site and the landscaping of the site, shall be submitted in writing to the local planning authority and shall be carried out as approved.

Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

4.     The play area identified on the approved plans shall be maintained in perpetuity by the owners of the dwelling approved under this permission.

Reason:  To ensure the future maintenance of the play area.

5.      The play area shall be permanently divided from the dwelling by means of a boundary fence as required by condition 3 above.

            Reason:  In order to clarify the terms of this permission.

6.      The play area shall be constructed and be available for use prior to the occupation of the dwelling hereby approved.  The play area shall be constructed in accordance with the details submitted under cover of letter dated 20th August 2004 unless otherwise agreed in writing by the Local Planning Authority.

Reason:  In order to clarify the terms of this permission.

Ward: Ledbury

In accordance with the criteria for public speaking Mrs Wilde spoke against the application.

The local ward Councillors had grave reservations about the application because of traffic congestion and highway safety, unsatisfactory vehicular access and related problems of vehicles parking and obstructing local footpaths, of privacy , amenity and lack of parking.  They felt that this type of development should be resisted unless it provided adequate means of overcoming such difficulties.

RESOLVED

(a) That the Northern Area Planning Sub-Committee is mindful to refuse  the application subject to the reasons set out below and any further reasons for refusal 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.The development proposed would result in an unreasonable level of overlooking and consequent loss of privacy to the private garden space of the adjoining dwellings.  The local planning authority considers that the resultant adverse effect on residential amenity would be unacceptable and contrary to policies H3 and H17 of the adopted Malvern Hills District Local Plan.

2.  The Local Planning Authority considers that the intensified use of the existing vehicular access would prove prejudicial to both the free flow of traffic and highway safety along the busy A449 Worcester Road.

3.  It is considered that the development proposed would result in an unacceptable reduction in the provision of on-site parking provision contrary to the requirement for 1.5 spaces/dwellings specified under Transport Policy 8 of the adopted Local Plan.

(b) If the Head of Planning does not refer the application to the Planning Committee Officers named in the Scheme of Delegation to Officers be instructed to refuse the application subject to such reasons for refusal referred to above.

(The Northern Team Leader said that given that the Sub-Committee had considered the planning policies, he would not refer the application to the Head of Planning Services)

Wards: Frome

Councillor RM Manning the local ward Member said that he had received a telephone call from the Chairman of Pixley and District Parish Council to say that he did not feel that their comments had not been fully reported in the Agenda.  Councillor Manning read out the contents of the letter that had been submitted by the Parish Council to the Council regarding the application.

The Northern Team Leader reported that the Environment Agency has no objection subject to conditions.

RESOLVED

1.     The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

2.     The development hereby approved shall be carried out strictly in accordance with the amended plans received by the local planning authority on 14th December 2004.

Reason: To ensure the development is carried out in accordance with the amended plans.

3.     The whole of the external walls and roof of the buildings, including cladding, shall be constructed and finished in accordance with a schedule of materials and finishes which shall first have been submitted to and approved by the local planning authority before the development is commenced.

Reason: To secure properly planned development.

4.     No development shall take place until there has been submitted to and approved by the local planning authority a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of development and any necessary tree surgery.  All proposed planting shall be clearly described with species, sizes and planting numbers.

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

5.     All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the local planning authority gives written consent to any variation.  If any plants fail more than once they shall continue to be replaced on an annual basis until the end of the 5 year defects period.

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

6.     The landscaping scheme required by condition No. 4 above shall include the following:

(a) Full details of all existing physical and landscape features on the site including the position, species, height, girth, spread and condition of all trees, clearly distinguishing between those features to be retained and those to be removed.

(b) Full details of all proposed fencing, screen walls, hedges, floorscape, earth moulding, tree and shrub planting.

(c) Full details of all protective measures to  ...  view the full minutes text for item 146.

Ward: Hope End

RESOLVED

That planning permission be approved subject to the following conditions:

The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

2.         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.         Prior to the commencement of development, details of the proposed finishes for all external joinery shall be submitted to and approved in writing by the local planning authority.  The finishes so approved shall not thereafter be changed without the prior written approval of the local planning authority.

Reason: To safeguard the character and appearance of this part of the Area of Outstanding natural Beauty.

4.         During the construction phase no machinery shall be operated, no process shall be carried out and no deliveries taken at or despatched from the site outside the following times: Monday-Friday 7.00 am-6.00pm, Saturday 8.00 am-1.00 pm nor at any time on Sundays, Bank or Public Holidays.

Reason: To protect the amenity of local residents.

5.         Prior to the commencement of development the developer shall afford access at all reasonable times to any ecologist nominated by the local planning authority for the purpose of observing and recording the biological features of the site and any plants and animals thereon.

Reason: To allow the potential nature conservation interests of the site to be investigated and recorded.

6.         This permission does not authorise any works to trees included in the Tree Preservation Order.  Any work shall be the subject of an application for consent to the local planning authority, in accordance with the provisions of the Tree Preservation Order and the law on Tree Preservation Orders in force at the time of the application.

Reason: To ensure the proper care and maintenance of the trees.

7.         Details of any excavations or trenches beneath the canopy of any trees to be retained shall be submitted to and agreed in writing with the local planning authority.  Where excavations are carried out beneath the canopy of any tree to be retained on land or on adjoining land, no roots of those trees of a diameter of 2.5 cm or more shall be severed, without the agreement of the local planning authority.  In order to achieve this requirement all excavations shall be carried out by hand tools.  The excavations shall be backfilled with sub-soil and a minimum depth of 600 mm good quality stone free loamy top soil of similar p.h. to the original.  Any subsequent settlement shall be made good with similar topsoil.

Reason: To prevent the unnecessary damage to or loss of trees.

8.         No development shall take place until there has been submitted to and approved in writing  ...  view the full minutes text for item 147.

Ward: Hope End

The receipt of a letter of objection was reported.

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 -     G07 (Details of earth works )

         Reason: To protect the character and appearance of the Malvern Hills Area of Outstanding Natural Beauty.

3 -     A08 (Development in accordance with approved plans and materials ) (04/2169/1)

         Reason: To ensure adherence to the approved plans and to protect the general character and amenities of the area.

Informative:

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

Ward: Leominster South

RESOLVED

DCNC2004/2407/F

That planning permission be granted subject to the following conditions:

1.     The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

2.     The premises shall be used for C3 domestic use only and for no other purpose.

Reason: In the interests of the amenities of existing residential property in the locality.

3.      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) joinery details

(b) meter box positions

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

4.      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/building/extension/dormer windows shall be erected or constructed other than those expressly authorised by this permission.

Reason:  To bring any future development within planning control.

        Informatives:

1. Any alterations to the submitted and approved plans, brought about by compliance with Building Regulations or any other reason must first be agreed in writing with the local planning authority before commencement of work.

2. Your attention is drawn to the Party Wall Act 1996.  The Act will apply where work is to be carried out on the following:

 Work on an existing wall or structure shared with another property

 Building a free standing wall or a wall of a building up to or astride the boundary with a neighbouring property

 Excavating near a neighbouring building.

The legal requirements of this Act lies with the building/site owner, they must find out whether the works subject of this planning permission falls within the terms of the Party Wall Act.  There are no requirements or duty on the part of the local authority in such matters.  Further information can be obtained from the ODPM publication The Party Wall Act 1996 - explanatory booklet.  Copies are available from the Planning Reception, Blueschool House, Blueschool Street, Hereford.

3.  The decision to grant planning permission has been taken having regard to the policies and proposals in the Leominster District Local Plan set out below, and to all relevant material considerations including Supplementary Planning Guidance:

        Policy A2: Settlement hierarchy

        Policy A24: Scale and character of development

        Policy A54: Protection of residential amenity

DCNC2004/2408/L

That Listed Building Consent is granted subject to the following conditions:

1 -   C01 (time limit for commencement (Listed Building) )

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

2 -   C02 (Approval of details)   (a) joinery details) (b) meter boxes positions

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

3 -     C03 (external elevations)

        Reason:  To safeguard the character and  ...  view the full minutes text for item 149.

Ward: Bromyard

In accordance with the criteria for public speaking Mrs Chadwick spoke against the application

RESOLVED

That planning permission be granted subject to the following conditions:

1.     The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

2.      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/building/extension/dormer windows shall be erected or constructed other than those expressly authorised by this permission.

Reason:  To bring any future development under planning control.

3.     Before any other works hereby approved are commenced, visibility splays shall be provided from a point 0.6 metres above ground level at the centre of the access to the application site and 2 metres back from the nearside edge of the adjoining carriageway (measured perpendicularly) for a distance of 45 metres in each direction along the nearside edge of the adjoining carriageway.  Nothing shall be planted, erected and/or allowed to grow on the triangular area of land so formed which would obstruct the visibility described above.

Reason: In the interests of highway safety.

4.     Any new access gates shall be set back 6 metres from the adjoining carriageway edge and shall be made to open inwards only.

Reason: In the interests of highway safety.

5.     The change of use hereby permitted shall not commence until an area has been properly laid out, consolidated, surfaced, drained and the spaces demarked on the ground within the application site for the parking of 2 cars and for cars to turn so that they may enter and leave the application site in a forward gear.  These shall thereafter be retained and kept available for those uses at all times.

Reason: To minimise the likelihood of indiscriminate parking in the interests of highway safety.

6.     Prior to the use or occupation of the dwelling hereby permitted, and at all times thereafter, the windows marked "X" on the approved plans shall be glazed with obscure glass only and shall be non-opening.

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

        Informatives:

1. The attention of the applicant is drawn to the need to keep the highway free from any mud or other material emanating from the application site or any works pertaining thereto.

2. This planning permission does not authorise the applicant to carry out works within the publicly maintained highway and Mr. T.E. Davies, Area Manager (North), MEB Buildings, 42 West Street, Leominster, HR6 8BT Tel: 01432-261776 shall be given at least 28 days' notice of the applicant's intention to commence any works affecting the public highway so that the applicant can be provided with an approved specification for the works together with a list of approved contractors.

3. Drainage arrangements shall be provided to ensure that surface water from the driveway and/or vehicular turning area does not discharge  ...  view the full minutes text for item 150.

Ward Bringsty

In accordance with the criteria of public speaking Mr McGiver spoke against the application

RESOLVED

That approval of reserved matters be granted:

Informatives:

1 -     The attention of the applicant is drawn to the conditions on the outline planning permission granted on 21 April 2004 (Reference No. DCNC2004/0160/O).  This application for the approval of reserved matters is granted subject to these conditions.

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

Ward: Upton

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 -   A11 (Change of use only details required of any alterations )

        Reason: To define the terms under which permission for change of use is granted.

3 -   E10 (Use restricted to that specified in application )

        Reason: To suspend the provisions of the Town and Country Planning (Use Classes) Order currently in force, in order to safeguard the amenity of the area.

Informative:

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

Leominster South

The Principal Planning Officer reported that amended plans had been received which addressed his concerns and those raised by the Conservation Officer. 

RESOLVED

NC04/3516/F

That the officers named in the Scheme of Delegation to Officers be authorised to issue planning permission subject to the following conditions and any additional conditions considered necessary by officers:

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 -     A09 (Amended plans )

         Reason: To ensure the development is carried out in accordance with the amended plans.

3 -     E16 (Removal of permitted development rights )

         Reason:  To safeguard the character and appearance of the buildings of architectural and historical interest and their setting.

4 -     B01 (Samples of external materials )

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

5 -     No development approved by this permission shall be commenced until a scheme for the conveyance of foul drainage to a private treatment plant has been submitted to and approved by the local planning authority.  No part of the development shall be brought into use until such treatment plant has been installed in accordance with the approved details and is in use to the satisfaction of the Local Planning Authority

         Reason:  To prevent pollution of the water environment.

6 -     H03 (Visibility splays )  (2.4m x 33m)

         Reason: In the interests of highway safety.

7 -     H11 (Parking - estate development (more than one house) )

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

8 -     G04 (Landscaping scheme (general) )

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

9 -     G05 (Implementation of landscaping scheme (general) )

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

10 -   Personal use of stables.

           Informatives:

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

2 -     HN01 - Mud on highway

3 -     HN02 - Public rights of way affected

4 -     HN05 - Works within the highway

5 -     HN10 - No drainage to discharge to highway

NC04/3517/L

The officers named in the Scheme of Delegation to Officers be authorised to issue listed building consent subject to the following conditions and any additional conditions considered necessary by officers:

1 -        C01 (Time limit for commencement (Listed Buildings))

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

            Informative:

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

Ward: Leominster North

It was reported that Leominster Town Council had requested that consideration of the application be deferred pending appraisals by British Archeology and the Victoria and Albert Museum.

The Local Ward Member Councillor Brigadier Jones CBE asked for the application to be deferred pending the receipt of the views of the Conservation Officer.

RESOLVED

NC04/3716/F and NC04/3717/L

That consideration of the applications be deferred pending  plans and details required by the Chief Conservation Officer

Ward: Pembridge & Lyonshall with Titley

In accordance with the criteria of public speaking Mr Taylor the applicants agent spoke on behalf of the application.

RESOLVED

That planning permission be refused for the following reasons:

1. The former cottage by reason of its physical condition, the length of non-occupation and the lack of evidence relating to an intention to retain the structure in residential use is considered to have lost its residential use rights.  The proposal, in the absence of any other exceptional circumstances, would therefore be contrary to Policy H20 of the Hereford & Worcester County Structure Plan and Policy A2(D) of the Leominster District Local Plan (Herefordshire).

2.       The reconstruction of a dwelling with its resultant pressures for ancillary    development and re-creation of a residential curtilage would have a detrimental impact on the character and appearance of the site and its immediate surroundings that would be contrary to Policies H16A and CTC9 of the Hereford & Worcester County Structure Plan and Policies A1, A9 and A24 of the Leominster District Local Plan (Herefordshire).

3.   In the absence of any other exceptional circumstances to justify a new  dwelling in this location, it is regarded that its isolated location and reliance upon the use of private car would result in an unsustainable form of development, contrary to Policy A1 of the Leominster District  Local Plan (Herefordshire) and the emerging Policy S1 of the Herefordshire Unitary Development Plan (Revised Deposit Draft) and PPG 13.

4.   The site lies within the Indicative Flood Plain of the Curl Brook, and in the absence of a Flood Risk Assessment, it is considered that it would result in an unacceptable loss of flood flow and storage capacity that would result in an increased risk of flooding elsewhere and in the absence of clear evidence relating to a dry access to the site there would be an increased risk to human life.  The proposal would therefore be contrary to Policy A15 of the Leominster District Local Plan (Herefordshire) and the guiding principles established in PPG 25 - Development and Flood Risk.

Ward: Golden Cross with Weobley

RESOLVED

That subject to there being no valid planning objection not previously considered, from any party by the end of Conservation Area advertisement period, the Officers named in the Scheme of Delegation to Officers be authorised to approve the application subject to the following conditions and any additional conditions considered necessary by officers.

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. A09 [9th September 2004 and 10^th November 2004]

Reason:  To ensure the development is carried out in accordance with the amended plans.

3. B01 – Samples of external materials

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

4. The extensions hereby permitted, and units identified as being associated to them, shall not be sold or occupied separately from each other.

Reason: To safeguard the amenities of the locality and in the interests of the parking and access provisions of the site.

5. The existing tree identified as being retained on approved plan 99279/15A shall not be removed, felled or damaged in any way without the prior written consent of the local planning authority.

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

6. Details of the planting and seeding comprising the shrub area of landscaping identified in approved plan 99279/15A shall be submitted to and approved by the local planning authority prior to any  commencement of the development hereby authorised.  Thereafter, the approved scheme shall be implemented in the first planting and seeding seasons following the occupation of the buildings or the completion of development, whichever is the sooner.  The area will be maintained for a period of 5 years with any failings replaced with  the same  unless the local planning authority gives written consent to any variation.

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

7. H15 – Turning and parking: change of use - commercial [in accordance with approved plans] [for the parking of 10 cars]

Reason:  To minimise the likelihood of indiscriminate parking in the interests of highway safety.

Informatives:

1. N03 – Adjoining property rights
2. N15 – Reasons for the grant of PP.

Ward: Pembridge & Lyonshall with Titley

In accordance with the criteria of public speaking Mrs Butler spoke on behalf of the application.

RESOLVED

That listed building consent be granted subject to the following conditions:

i)              The application is notified to the Secretary of State for the Office of the Deputy Prime Minster at the earliest opportunity

ii)            Subject to the Secretary of State confirming that he does not intend to call it in, Listed Building Consent be granted subject to the following conditions and any additional conditions considered necessary by officers named in the scheme of delegation.

1.   C01 – Time limit for commencement (Listed Building Consent)

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

2.                        D01 – Site investigation – Archaeology

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

         3.             C02 – Approval of details.

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

4.            C12 – Repairs to match existing

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

         5.           C18  - Details of roofing

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

Informatives:

1.                  NC1 – Alterations to submitted and approved plans.

2.                  ND3 – Contact Address

3.                  N03 – Adjoining Property Rights

4.            N15 – Reasons for the grant of LBC

Ward: Castle

In accordance with the criteria of public speaking Mrs Cadman spoke against the application and Mr Smith spoke in favour.

RESOLVED

That planning permission be granted subject to the following conditions:

1.     The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

2.     The development shall be carried out in all respects strictly in accordance with the site plan amended on 29 October 2004 and received on 4 November 2004, except where otherwise stipulated by conditions attached to this permission.

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

3.     The building which is the subject of this application shall be used for holiday accommodation only and for no other purpose including any other purpose within Class C of the Schedule of the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification.

Reason: The local planning authority are not prepared to allow the introduction of separate units of residential accommodation in this rural location.

4.     The caravans shall only be occupied between 1st April and 30th September.

Reason:  To prevent the establishment of a residential use in the countryside where it would not normally be permitted.

5.     No more than 5 static caravans and 5 touring caravans shall be stationed on the site at any one time.

Reason:  To clarify the terms of the permission, minimise visual intrusion and in accordance with the requirements of the Environment Agency in respect of flood risk.

6.     No external surface of any static caravan hereby approved shall be of a colour other than one which has previously been approved in writing by the local planning authority for that purpose.

Reason: To minimise visual intrusion.

7.     Prior to the commencement of the development details of the proposed foul and surface water drainage arrangements shall be submitted to and approved in writing by the local planning authority.  The approved scheme shall be implemented before the first use of the static caravans hereby permitted.

Reason: To ensure that satisfactory drainage arrangements are provided and to prevent increased risk of flooding.

8.     No development shall take place until there has been submitted to and approved in writing by the local planning authority a plan indicating the positions, design, materials and type of boundary treatment to be erected.  The boundary treatment shall be completed before the use hereby permitted is commenced.  Development shall be carried out in accordance with the approved details.

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

9.     No development shall take place until there has been submitted to and approved by the local planning authority a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land, and details  ...  view the full minutes text for item 158.

Ward: Castle

RESOLVED

That consideration for the application be deferred pending a site inspection on 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.

Ward: Bircher

The receipt of comments from the Water Authority was reported. 

In accordance with the criteria of public speaking Miss Eastlaugh of Kingsland Parish Council and Mrs Maddox spoke against the application.

The Vice-Chairman had serious reservations about the application and was of the view that the proposed dwellings and garages constituted a considerable over development of the site and would have an adverse impact upon the local environment and adjoining properties.  The Senior Planning Officer provided more details about the dwellings and layout and explained why the proposals were acceptable on planning grounds.  Having considered all the details about the application the Sub-Committee felt that there were a number of grounds for it to be refused.

RESOLVED

(a) That the Northern Area Planning Sub-Committee is mindful to refuse  the application subject to the reasons set out below and any further reasons for refusal 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.The proposed development, by reason of the scale and size of the proposed dwellings and garages, are considered to constitute the over-development of the site and as such are contrary to Leominster District Local Plan policies A1, A2(c), A21, A23, A24 and A54, together with, Herefordshire Unitary Development Plan policies S2, DR1, DR2, H13 and HBA6.

2.The proposed development, be reason of its siting, scale and design would have a detrimental effect on the amenities of the occupiers of adjoining dwelling houses.  The proposal is therefore considered contrary to Leominster District Local Plan policies A1 and A54, together with, Herefordshire Unitary Development Plan policies DR1 and DR2.

3.The proposed development, by reason of its siting, design and scale, would be harmful to the character and appearance of the Kingsland Conservation Area.  The proposal is therefore considered contrary to Leominster District Local Plan policy HBA6.

(b)  If the Head of Planning does not refer the application to the Planning Committee Officers named in the Scheme of Delegation to Officers be instructed to refuse the application subject to such reasons for refusal referred to above.

(The Northern Team Leader said that given that the Sub-Committee had considered the planning policies, he would not refer the application to the Head of Planning Services)

Ward: Mortimer

It was reported that the Leintwardine Parish Council have asked for a deferral of the application because they felt that they had been given insufficient time to speak to the officers about it.

In accordance with the criteria of public speaking Mr Kerr spoke against the application.

Having considered details of the application the sub-committee felt that the proposed dwellings were out of keeping with the local environment and would have an adverse affect upon the adjoining property.

RESOLVED

(a)  That the Northern Area Planning Sub-Committee is mindful to refuse  the application subject to the reasons set out below and any further reasons for refusal 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              The application site occupies a prominent and relatively elevated position within a predominantly low density residential area, the landscape quality of which is recognised by its designation within a Landscape Protection Area.  The proposed development of the site with 2 large 5-bed dwellings, by reason of the scale, massing and number of dwellings, would result in cramped and unacceptable over-development and the loss of important open space, detrimental to the character and appearance of the site and its environs.  Accordingly, the proposal would be contrary to Policy CTC9 of the Hereford and Worcester County Structure Plan, Policies A1, A2(c), A9, A24 and A25 of the Leominster District Local Plan (Herefordshire) and Policies DR1, HR4 and HBA9 of the emerging Herefordshire Unitary Development Plan (Revised Deposit Draft) and the advice and guidance set out in the Leintwardine Village Design Statement.

(b)  If the Head of Planning does not refer the application to the Planning Committee Officers named in the Scheme of Delegation to Officers be instructed to refuse the application subject to such reasons for refusal referred to above.

(The Northern Team Leader said that given that the Sub-Committee had considered the planning policies, he would not refer the application to the Head of Planning Services)

Wards: Castle

In accordance with the criteria of public speaking Mr Mokler spoke in favour of his brothers application.

RESOLVED

That planning permission be refused for the following reasons:

It is not considered that an essential need for the proposed dwelling has been established and as such the proposal is contrary to Policy H20 of the Hereford & Worcester County Structure Plan, Policies A2(D) and A43 of the Leominster District Local Plan (Herefordshire), Policies H7 and H8 of the draft Herefordshire Unitary Development Plan and the guiding principles set out in Annexe A of PPS 7.

2.     The proposed dwelling in terms of its siting and elevated position would appear isolated in the landscape and out of keeping with its open character and appearance.  It would therefore be contrary to Policy A9 of the Leominster District Local Plan (Herefordshire).

Ward: Castle

RESOLVED

That consideration for the application be deferred pending a site inspection on 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.

Golden Cross with Weobley

In accordance with the criteria of public speaking Mrs Underwood spoke against the application and Mr Smith spoke in favour.

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 -     F20 (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.

3 -     G07 (Details of earth works )

         Reason: In order to protect the landscape quality of the area and local amenities.

           Informatives:

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

2 -     Please note that this permission does not convey approval for any new vehicular or pedestrian accesses.

Ward: Kington Town

RESOLVED

That consideration for the application be deferred pending a site inspection on 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.

TO NOTE THAT THE NEXT MEETING WILL BE HELD AT 2:00 PM ON WEDNESDAY 26TH JANUARY 2005

26th January, 2005