To receive apologies for absence.

Apologies were received from Councillors P Dauncey  and Mrs J French.

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

Councillor RBA Burke declared a Prejudicial Interest in respect of Item 15 - DCNC2005/0983/F - Change of use to A5 between hours of 8.00 - 14.00 Monday – Saturday at 73 Etnam Street, Leominster, Herefordshire, HR6 8AE for Mr M Rohde per Mr J Phipps Bank Lodge, Coldwells Road, Holmer, Hereford, HR1 1LH and left the meeting for the duration of this item.

To approve and sign the Minutes of the meeting held on 18th May 2005.

RESOLVED:            That the Minutes of the meeting held on 18th May, 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 Sub-Committee noted the Council’s current position in respect of planning appeals for the northern area of Herefordshire.

Ward: Frome

Councillor RM Manning the local Ward Member asked if conditions could be added to the permission requiring the applicants to make a financial contribution towards improvements to pedestrian safety for the residents of the Summerpool Estate, which lies to the south-west of the application site.  It was noted that this could not be achieved by conditions and that the applicants were not prepared to enter into a section 106 agreement.  The Principal Planning Officer said that the matter would be taken up with the Council’s Transportation Department.

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 -     B03 (Matching external materials (general) )

         Reason: To ensure the satisfactory appearance of the development.

4 -     F27 (Interception of surface water run off )

         Reason: To prevent pollution of the water environment.

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.

7 -     H16 (Parking/unloading provision - submission of details )

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

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.

Informative:

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

Ward: Ledbury

The Principal Lawyer said that following a recent change to the Council’s Constitution, the application could not be determined by the Sub-Committee and that it would have to be referred to the Planning Committee.

Ward: Ledbury

RESOLVED:

That consideration of 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: Frome

In accordance with the criteria for public speaking Mr Pugh the agent acting on behalf of the applicants spoke in favour of the application. 

Councillor RM Manning the Local Ward Member felt that there was merit in the application being approved because of on an agricultural need and material planning considerations.  He gave an outline of the family circumstances of the applicant and why additional accommodation was needed in connection with the operation of the business.  The applicant produced organically grown fruit for a national supermarket and door-to-door sales and required on-site accommodation for a manager to supervise growing, harvesting and packaging of the produce.  The application was for the conversion of an existing building which he felt had considerable merit in itself and which did not constitute a new dwelling in the open countryside.

The Northern Team Leader said that the proposal was contrary to a number of the Council’s planning policies and that the buildings were not considered to be of significant historic and architectural quality to warrant retention and conversion to residential use.  He also said that the applicant had failed to demonstrate to his satisfaction that exceptional circumstances existed to override those policies.  Councillor BF Ashton supported this view and was concerned that a precedent could be set for similar applications if this was granted. Councillor WLS Bowen was of the view that permission could not be granted on personal grounds.

The Sub-Committee considered all the merits of the application and felt that the applicant had demonstrated sufficient evidence about the functional agricultural use of the farm and agricultural diversification.  The views of the Officers were noted but it was felt that the applicants had demonstrated a functional need for the dwelling as part of the running of the fruit production and packaging  business. It was felt that permission could be granted if the dwelling was tied to the business and permitted development rights were removed.

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)            1.  The proposed dwelling being tied to the agricultural business; and

2)            2.  Material considerations.

(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.

(The Northern Team Leader said that because the application was contrary to a number of the Councils Planning Policies, he would refer the application to the Head of Planning Services)

Ward: Bircher

RESOLVED: That planning permission be granted with 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 -     C05 (Details of external joinery finishes )

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

4 -     C10 (Details of rooflights )

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

         Reason:  To protect the integrity of the Public Sewerage System.

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

           Reasons:  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.

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

           Reasons:  To prevent hydraulic overload of the public sewerage system and pollution of the environment.

8 -     D03 (Site observation - archaeology )

         Reason: To allow the potential archaeological interest of the site to be investigated and recorded.

9 -     Prior to the commencement of development a plan showing the existing and proposed car parking spaces shall be submitted and approved in writing by the Local Planning Authority.  These spaces shall be demarcated prior to the first use of the building and kept free of obstruction and available for use at all times.

           Reasons:  In the interest of highway safety and for the purposes of clarification.

10 -      F16 (Restriction of hours during construction )

         Reason: To protect the amenity of local residents.

11 -   F41 (No burning of materials/substances during construction phase )

         Reason: To safeguard residential amenity and prevent pollution.

12 -   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.

13 -                Notwithstanding the approved plans, details of a screen, to be erected at the top of the external staircase, shall be submitted to and approved in writing by the Local Planning Authority.  Works shall be carried out in accordance with the approved detail.

         Reason:  To protect the privacy of the neighbouring properties.

14 -   The building hereby proposed shall be used for overnight accomodation in connection with the associated public house only and no other purpose.

         Reason:  To clarify the terms of this permission.

           Informatives:

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

Ward: Golden Cross with Weobley

RESOLVED:  That, subject to no adverse comments being received from  the Water Authority, 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 )

         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 -     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 -   G09 (Retention of trees/hedgerows )

        Reason: To safeguard the amenity of the area.

7 -   E16 (Removal of permitted development rights )

        Reason: To safeguard the character and amenities of the locality.

        Notes to the Applicant:

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

Ward: Mortimer

In accordance with the criteria for public speaking Mrs Midwood spoke against the application and Mr Burton the agent acting on behalf of the applicant spoke in favour.

Mrs LO Barnett the Local Ward Member was in favour of the application subject to acceptable tree screening being provided for the benefit of the neighbouring property.

RESOLVED:

That

DCNW2005/1056/F

That planning permission be granted subject to the receipt of suitably amended plans and that the requirements for the provision of screening be in consultation with the Local Ward Member

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 -     B01 (Samples of external materials)

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

4 -     B05 (Alterations made good)

         Reason: To maintain the appearance of the building.

5 -     C04 (Details of window sections, eaves, verges and barge boards)

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

6 -     C05 (Details of external joinery finishes)

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

7 -     C10 (Details of rooflights)

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

8 -     C11 (Specification of guttering and downpipes)

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

9 -     C13 (Repairs in situ)

         Reason: In order to preserve the integrity of the structure of the buildings, the conservation of which constitutes the reason for allowing the development where a new building would be contrary to policy.

10 -      F32 (Details of floodlighting/external lighting)

         Reason: To safeguard local amenities.

11 -      E16 (Removal of permitted development rights)

         Reason: [Special Reason].

12 -   G01 (Details of boundary treatments)

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

13 -      G04 (Landscaping scheme (general))

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

14 -      Prior to the commencement of development four passing bays shall be provided, to a specification and location to be submitted to and agreed in writing by the Local Planning Authority.  These bays shall be constructed in accordance with the approved specifications and plans.

         Reason:  In the interests of highway safety.

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

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

16 -      G09 (Retention of trees/hedgerows)

         Reason: To safeguard the amenity of the area.

17 -   No works or development shall take place until details of a scheme, including architectural drawings for the creation and implementation of bat roosting opportunities has been submitted to and approved by the Local Planning Authority.  Works shall be carried out  ...  view the full minutes text for item 11.

Ward: Mortimer

In accordance with the criteria for public speaking Mrs Midwood spoke against the application and Mr Burton the agent acting on behalf of the applicant spoke in favour.

Mrs LO Barnett the Local Ward Member was in favour of the application subject to acceptable tree screening being provided for the benefit of the neighbouring property.

 RESOLVED:

That planning permission be granted subject to the following conditions and that the requirements for the provision of screening be in consultation with the Local Ward Member:

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 -     F32 (Details of floodlighting/external lighting )

         Reason: To safeguard local amenities.

5 -     G01 (Details of boundary treatments )

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

6 -     G04 (Landscaping scheme (general) )

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

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

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

8 -     G09 (Retention of trees/hedgerows )

         Reason: To safeguard the amenity of the area.

INFORMATIVES:

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

Ward: Upton

RESOLVED:

That consideration of 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: Upton

RESOLVED:

That consideration of 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: Leominster South

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

1 -     E03 (Restriction on hours of opening )

         The use hereby permitted shall only be open to customers between the hours of 8.00am and 2.00pm, Monday to Saturday, and not at any time on Sundays or Bank or Public Holidays.

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

2 -     The sale of hot food shall be restricted to snack food only by shallow frying.  There shall be no sales of deep fried food.

         Reason:  To prevent the unrestricted expansion of the business to other hot food meals and in the interests of residential amenity.

3 -     F39 (Scheme of refuse storage)

         Reason:  In the interests of amenity.

Informative:

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

Ward: Hampton Court

In accordance with the criteria for public speaking Mrs Burgess spoke against the application and Mr Clarke, the applicant, 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 -     B01 (Samples of external materials)

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

3 -     E08 (Domestic use only of garage)

         Reason: To ensure that the garage is used only for the purposes ancillary to the dwelling.

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

         The premises shall be used for garaging and storage and for no other purpose.

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

5 -     A07 (Development in accordance with approved plans)

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

6 -     G04 (Landscaping scheme (general) )

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

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

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

8 -     H01 (Single access - not footway ) (6m)

         Reason: In the interests of highway safety.

9 -     H05 (Access gates )

         Reason: In the interests of highway safety.

Informatives:

1 -     HN10 - No drainage to discharge to highway

Ward: Bringsty

RESOLVED:

That consideration of the application be deferred pending a site inspection on the following grounds.

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

Ward: Bringsty

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 ) (1209/2)

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

3 -     B03 (Matching external materials (general) )

         Reason: To ensure the satisfactory appearance of the development.

4 -     F16 (Restriction of hours during construction )

         Reason: To protect the amenity of local residents.

5 -     F18 (Scheme of foul drainage disposal )

         Reason: In order to ensure that satisfactory drainage arrangements are provided.

6 -     H10 (Parking - single house )  (2 cars)

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

Ward: Leominster South

RESOLVED:

That consideration of 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: Bromyard

The receipt of a letter from the applicant 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 -     A09 (Amended plans)

         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 -     A07 (Development in accordance with approved plans )

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

5 -     G01 (Details of boundary treatments ) – boundary to front not to exceed 600mm.

         Reason: In the interests of visual amenity and to ensure highway safety.

Informative:

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

Ward: Leominster North

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 materials to be used in the construction of the roof of the extension hereby permitted shall match those used in the existing building.  The materials to be used in the construction of the exterior walls of the extension shall be subject to the prior agreement in writing by the Local Planning Authority and shall match those used in the adjacent property, 15 Godiva Road.

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

3 -     Prior to the use or occupation of the extension hereby permitted, and at all times thereafter, the window on the north side elevation on the approved plans shall be glazed with obscure glass only.

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

Informative:

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