To receive apologies for absence.

Apologies were received from Councillors BF Ashton, B Hunt and RM Manning.

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

Councillor Item Interest WLS Bowen RBA Burke JP Thomas Item 9 - DCNC2005/0103/F - Demolition of onsite cabins and 1970’s extension. conversion and extension to shared house at Grange House, The Grange, Pinsley Road, Leominster, Herefordshire, HR6 8NP Prejudicial and left the meeting for the duration of this item Mrs LO Barnett Item 8 - DCNC2004/2148/F - Retrospective application to remove conditions 2 & 3 (planning permission 97/0953/N) and condition 5 (planning permission 900852) to allow the sale of non-convenience goods and to allow class A1 retail use within the former creche facility at Safeway Stores plc, Barons Cross Road, Leominster, Herefordshire, HR6 8RH Personal and left the meeting after making a statement at the beginning of the item

To approve and sign the Minutes of the meeting held on 20 April, 2005.

RESOLVED:            That the Minutes of the meeting held on 20th April, 2005 be approved as a correct record and signed by the Chairman, subject to the replacement of “Wood Lane” with “Eywood Lane” in Informative 7 of Minute 244 - DCNW2005/0326/F - Conversion Of Barns Into Seven Dwellings At Balance Farm, Titley, Kington, Herefordshire, HR5 3RU.

To note any announcements by the Chairman.

The Chairman welcomed Councillor KG Grumbley as the new Vice Chairman of the Sub-Committee and thanked Councillor J Stone for his work as Vice-Chairman for the past 2 years.

 

The Chairman drew attention to a forthcoming planning application in respect of a site for residential development at Barons Cross Leominster and it was agreed that a site inspection should be undertaken 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 the contents of the attached report of the Head of Planning Services in respect of appeals for the northern area of Herefordshire.

The Sub-Committee noted the Council’s current position in respect of planning appeals for the northern area of Herefordshire.

To consider and take any appropriate action in respect of the planning applications received for the northern area of Herefordshire, and to authorise the Head of Planning Services to impose any additional and varied conditions and reasons considered to be necessary.

 

Plans relating to planning applications on this agenda will be available for inspection in the Council Chamber 30 minutes before the start of the meeting.

 

Agenda items 7 is an application deferred for site inspections at the last meeting and items 8 onwards are new applications.

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 which he considered to be necessary.

Ward: Leominster South

Councillor Mrs LO Barnett said that it had to be borne in mind that although the Sub-Committee was dealing with a planning application for the building, this was not a commitment to the project automatically proceeding and that it would be the subject of considerable debate in other arenas. 

 

In accordance with the criteria for public speaking Mr Hunt of Leominster Town Council and Mr Gaskin spoke against the application.   

 

Councillor RBA Burke, one of the Local Ward Members expressed his astonishment that the application was submitted for approval and felt that the proposal would be an inappropriate use of the building, that it would have an adverse impact upon the important historic area of the town and adjoining residents, and that there was inadequate car parking provision within the scheme.  Councillor Mrs JP French said that she had received some unfair criticism about not making her views known about the scheme and pointed out that she was not able to comment until she had received all the facts at the meeting.  She felt that there were a number of issues which needed to be taken into consideration before a decision could be made about the scheme and outlined what these were.  She was of the opinion that there was a need for a strategy for the centre of the town and that it was inappropriate for the scheme to proceed in isolation.  There was need to consider all the implications before dealing with a planning application and she therefore suggested that it be deferred pending receipt of all the facts.  Councillor TM James pointed out that the building was in a high profile location and doubted its suitability for the provision of accommodation for homeless persons because of the inherent danger that they would labelled.  He felt that a more discreet location in the town would be better for such residents.  Councillor RJ Phillips said that the provision of accommodation for the homeless was an important issue and that the location needed to be considered carefully together with a high standard of management.  Notwithstanding all the points made, Councillor RBA Burke felt that the application should be refused on a number of grounds and put forward what he considered those to be.  A motion that the application be refused was lost. 

 

RESOLVED:            That consideration of the application be deferred pending the receipt of further information.

Ward: Ledbury

In accordance with the criteria for public speaking, Mr Jolly the applicants agent, 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 -     B01 (Samples of external materials )

     

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

 

3 -     A07 (Development in accordance with approved plans )

    

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

 

4 -     E18 (No new windows in specified elevation)

 

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

 

5 -     F16 (Restriction of hours during construction)

 

         Reason: To protect the amenity of local residents.

 

6 -     F48 (Details of slab levels)

 

      Reason: In order to define the permission and ensure that the development is of a scale and height appropriate to the site.

 

7 -     G01 (Details of boundary treatments)

     

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

 

8 -     H29 (Secure cycle parking provision )

 

      Reason: To ensure that there is adequate provision for secure cycle accommodation within the application site, encouraging alternative modes of transport in accordance with both local and national planning policy.

 

 

Informatives:

 

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

Ward: Leominster South

Councillor JP Thomas, one of the Local Ward Members had reservations about the application because of the potential loss of a community facility which had been part of the original planning permission.  He was unhappy with this situation and expressed the view that further discussion should be held with the applicants to ascertain if there was a possibility of alternative community provision being made.  The Sub-Committee concurred with his views.

 

RESOLVED:            That consideration of the application be deferred pending discussion between the officers and the applicant about the possibility of securing alternative community gain.

Ward: Ledbury

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 accommodation hereby approved shall be occupied only by persons who are employed by Wye Fruit Limited on the site edged red on the approved plans.

 

         Reason:  In order to determine the terms of the application hereby approved.

 

3 -     The accommodation hereby approved shall not be sold or leased separately from the business and premises known as Wye Fruits Limited.

 

         Reason:  The Local Planning Authority is not prepared to grant an unrestricted residential use in this location.

 

4 -     E27 (Personal condition) (Wye Fruit Limited)

 

         Reason: The nature of the development is such that it is only considered acceptable in this location having regard to the applicant's special circumstances.

 

5 -     H29 (Secure cycle parking provision )

         Before the development is commenced a scheme for the provision of secure cycle parking on site shall be 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 there is adequate provision for secure cycle accommodation within the application site, encouraging alternative modes of transport in accordance with both local and national planning policy.

       

        Informatives:

 

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

Ward: Hope End

Councillors R Mills and RV Stockton, the Local Ward Members had concerns that the applicant had not provided any evidence that the former public house had been the subject of market testing prior to the application being made for its conversion to residential accommodation.

 

RESOLVED:            That the officers named in the Scheme of Delegation to Officers be authorised to refuse the application because the applicants had not provided evidence of market testing having been undertaken prior to submitting the application for residential use of the site.

Ward: Ledbury

The receipt of a letter of objection about the density of the development and loss of light was reported.

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

 

RESOLVED:            That

NE05/1008/F

 

The County Secretary and Solicitor be authorised to complete a planning obligation under Section 106 of the Town and Country Planning Act 1990 to promote the use of non car based modes of travel and to seek the provision of a bicycle with each of the dwellings' and not to tie the dwelling to the existing propertyand to set out heads of agreement and any additional matters and terms as she considers appropriate.

 

1)      Upon completion of the aforementioned planning obligation that the Officers named in the Scheme of Delegation to Officers be authorised to issue planning permission 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 -     C02 (Approval of details )

 

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

 

4 -     E16 (Removal of permitted development rights )

 

         Reason: In order to clarify the terms under which consent is granted and ensure that the development remains of an appropriate scale for the site.

 

5 -     E01 (Restriction on hours of working )

 

         Reason: To safeguard the amenities of the locality.

 

6 -     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.

 

7 -     G01 (Details of boundary treatments )

 

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

 

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 -      G13 (Landscape design proposals )

 

         Reason: In the interests of visual amenity.

 

11 -      G15 (Landscaping implementation )

 

         Reason: To ensure the site is satisfactorily landscaped.

 

12 -      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.

 

13 -      H21 (Wheel washing )

 

         Reason: To ensure that the wheels of vehicles are cleaned before leaving the site in the interests of highway safety.

 

Informatives:

 

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

 

2 -     N14 - Party Wall Act 1996

 

 NE2005/1009/C

 

That Conservation Area Consent 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.

 

........  ...  view the full minutes text for item 12.

Ward: Bircher

The receipt of a letter expressing concern about noise and requesting stricter controls on the hours of opening at weekends, washing vehicles and drainage was reported.  The Principal Planning Officer said that a request had been received from the applicant for the conditions about highways and drainage to be removed, but that she had advised him that this would not be acceptable.

 

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

 

RESOLVED:            That planning permission be granted with the following conditions:

 

1 -     E05 (Restriction on hours of use (industrial) ) Monday – Friday – 7.30am – 6pm, Saturday 8am – 6pm, none on Sunday etc unless otherwise agreed in writing by the Local Planning Authority.

       

         Reason: In order to protect the amenity of occupiers of nearby properties.

 

2 -     E22 (Temporary permission (portacabin)

         Reason: the local planning authority is only prepared to allow this portacabin as a temporary measure due to its location within a conservation area.

 

3 -     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.

 

4 -     F32 (Details of floodlighting/external lighting )

         Reason: To safeguard local amenities and impact on rural landscape.

 

5 -     G04 (Landscaping scheme (general) )

 

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

 

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

       

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

       

Informatives:

 

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

Ward: Bircher

The Senior Planning Officer reported that an additional condition would be imposed requiring the window in the west elevation of the property to be opaque and not to be able to be opened outwards.

 

RESOLVED:                  That

 

1)      The County Secretary and Solicitor be authorised to complete a planning obligation under Section 106 of the Town and Country Planning Act 1990 tying the dwelling to the existing property and to set out heads of agreement and any additional matters and terms as she considers appropriate.

 

2)      Upon completion of the aforementioned planning obligation the Officers named in the Scheme of Delegation to Officers be authorised to issue planning permission 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 -        C04 (Details of window sections, eaves, verges and barge boards)

 

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

 

5 -    E15 (Restriction on separate sale )

 

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

 

6 -    E16 (Removal of permitted development rights )

 

Reason: In the interests of the visual amenity on the surrounding landscape and in order to control development at this special location.

 

7 -        The existing building on site will be incorporated into the approved development and would not be demolished.

           

Reason:  The application is approved on the understanding that the existing building is capable of conversion.

 

 

        Informatives:

 

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

 

2 -     NC02 - Warning against demolition

Ward: Kington Town

The receipt of the views of the Parish Council was reported.

 

RESOLVED:            That planning permission be granted subject to the following conditions:

 

1 -     Within 2 months of the date of this permission a scheme of landscaping, which shall include all proposed planting, clearly described with species, sizes and planting numbers, shall be submitted to and approved in writing by the Local Planning Authority.

 

         Reason:  In order to ensure to protect the visual amenities of the area and amenities of the neighbouring properties.

 

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

 

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

 

3 -     E16 (Removal of permitted development rights )

       

         Reason: In order to protect the landscape character of the area.

 

4 -     Within 2 months of the date of this permission the unauthorised decking area shall be removed from the application site and land restored in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority.

        

         Reason:  In order to ensure to protect the visual amenities of the area and amenities of the neighbouring properties.

 

Informatives:

 

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

Ward: Castle

In accordance with the criteria for public speaking Mr Beresford of Almeley Parish Council and Mr Battenti spoke against the application and Ms Reed the applicants agent spoke in favour.

 

The Northern Team Leader explained about the details of the application and said that the second proposed dwelling had been deleted form the scheme but that the layout remained unaltered.  The Sub-Committee felt that it was necessary for the officers to undertake further consultation with the parish council about the revised proposals before the application was approved.

 

RESOLVED:         That the officers named in the scheme of delegation to officers be authorised to approve the application after further consultation with the Almeley Parish Council and subject to no material planning representations being received and 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 -     C04 (Details of window sections, eaves, verges and barge boards )

 

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

 

5 -     C10 (Details of roof lights )

 

         Reason: To ensure the roof lights do not break the plane of the roof slope in the interests of safeguarding the character and appearance of this building of [special] architectural or historical interest.

 

6 -     E09 (No conversion of garage to habitable accommodation )

 

         Reason: To ensure adequate off street parking arrangements remain available at all times.

 

7 -     E16 (Removal of permitted development rights )

 

         Reason: In the interests of the amenity and privacy of surrounding dwellings.

 

8 -     E18 (No new windows in specified elevation )(in the west and east elevations)

 

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

 

9 -     G04 (Landscaping scheme (general) )

 

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

 

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

 

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

 

11 -      H12 (Parking and turning - single house )

       

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

 

12 -      Foul water and surface water discharges must be drained separately from the site.

 

         Reason:  To protect the integrity of the public sewerage system.

 

13 -      No surface water shall be allowed to connect (either directly or indirectly) to the public sewerage systems.

 

         Reason:  To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no detriment to the environment.

 

14 - No land drainage run-off will be permitted, either directly or indirectly to discharge into the public sewerage system.

 

         Reason:  To prevent  ...  view the full minutes text for item 16.

Ward: Castle

In accordance with the criteria for public speaking Major Berry and Mrs Pugh spoke against the application and Mr Rose, the applicants agent, spoke in favour.

 

The Sub-Committee had some concerns about the arrangements for sewage disposal at the site but the Senior Planning Officer said that this would be dealt with by conditions within the planning consent.  He also advised that once consent had been granted, the applicants would be able to apply for a site licence from the Environmental Health and Trading Standards Department and that this would be a requirement of the consent.

 

RESOLVED:            That the application be delegated to the Head of Planning Services for approval in consultation with the Local Ward Member, subject to the applicants supplying satisfactory information on the method of foul drainage from the application site.  Prior agreement is also required by means of a detailed site plan indicating the siting of each caravan unit and occupancy capacity together with a clear indication of the duration of its individual season. Finally the applicants must also supply prior written agreement with regards to applying for a site licence from the Councils Environmental Health Department.

 

1 -     E23 (Temporary permission and reinstatement of land (mobile home/caravan) ) 5 years

 

Reason: The local planning authority is not prepared to permit a residential caravan in this location other than on a temporary basis having regard to the special circumstances of the case.

 

2 -     E32 (Static holiday caravan occupancy ) (1^st December – 31^st January)

 

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

 

3 -     E36 (Caravan colours )

 

         Reason: To minimise visual intrusion.

 

4 -     F24 (Standard of septic tank/soakaway system )

 

         Reason: To prevent pollution of the water environment.

 

5 -     F39 (Scheme of refuse storage )

       

         Reason: In the interests of amenity.

 

6 -     The occupation of the caravans shall be limited to persons in full-time employment at Oakchurch Farm under the Home Office Seasonal Agricultural workers scheme or equivalent, unless otherwise previously agreed in writing by the Local Planning Authority.

 

Reason:  Planning permission has only been granted given the farming requirements of Oakchurch Farm.

 

7 -     F32 (Details of floodlighting/external lighting )

         Reason: To safeguard local amenities.

 

8 -     Full details will be submitted to the Local Planning Authority prior to the first recognised planting season after the issuing by the Council of this approval notice and agreed in writing by the Local Planning Authority on details of all boundary tree and hedge planting and internal tree/shrub planting within the caravan park complex.

 

           Reasons:  In order to protect the surrounding landscape and improve the visual impact of the development on the surrounding landscape.

 

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

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

 

10 -      G06 (Scope of landscaping scheme )

 

         Reason: In order that the local planning authority may be satisfied that the deposited scheme will meet their  ...  view the full minutes text for item 17.