To receive apologies for absence.

Apologies were received from Councillors T.M. James, R.J. Phillips RV Stockton and J Stone. 

Details of the application were discussed and it was noted that some concerns had been raised that the later finishing time would be detrimental to residential amenity by virtue of noise and light pollution caused by vehicles entering and leaving the car park.  This had to be balanced against the fact that the applicants required the extension to enable training to be offered to parents and carers around such skills as baby sitting courses, supported theory work for passing driving tests and wider skills for life around parenting, IT, healthy eating and family support more broadly.  The evening activities and training were necessary to enable capacity, flexibility and access around delivering the Government's agenda through Children's Centres, in improving life chances.  The Committee was in favour of the application being granted subject to rigid adherence to the site being cleared by 9:00 pm and the extended hours not applying to weekends and bank holidays.

RECOMMENDATION

That planning permission be granted subject to the following conditions:

1 -   The premises shall not be open to use after 9.00pm and before 7.00 am each day and shall not be open to use after 6.00pm and before 7.00 am at weekends or on bank holidays.

        Reason:  In the interests of residential amenity.

2 -   A10 (Amendment to existing permission)  (DCNC05/0062/F)  (20 May 2005)

        Reason: For the avoidance of doubt.

Informative:

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

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 14th June, 2006.

RESOLVED:            That the Minutes of the meeting held on 14th June, 2006 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.

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 6 and 7 are applications deferred for site inspections at the last meeting and the rest of the items 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.

For:       RPS Mallams Court, 18 Milton Park, Abingdon, Oxfordshire, OX14 4RP

Ward: Ledbury

In accordance with the criteria for public speaking, M Sanders spoke against the application and Mr Cowan, the applicant’s agent, spoke in favour.

Councillor BF Ashton noted that the objector, who was the operator of Wye Fruits to the north of the site, was concerned that the proposed development posed the danger that their fruit would be tainted.  He pointed out that there was no evidence in the report to support this view and felt that the application should be granted.  Councillor RM Manning said that there was a danger that the supermarkets which the firm provided fruit for would perceive that the fruit may be tainted to the detriment of  their business and therefore considered that the application should be rejected.  The Principal Planning Officer said that it would be difficult to sustain a refusal on a perception that there may be a problem.  Members discussed details of the application and a proposal was put forward that consideration of the application should be deferred for further professional advice on the issues raised. Voting on this motion was tied and the Chairman used his casting vote against it.  A proposal that the application should be refused on the grounds of potential employment loss could not be supported on planning grounds.

RESOLVED

That planning permission be granted subject to the following conditions:

1 -        The development hereby permitted shall be begun not later than the expiration of five years beginning with the date of this permission;

                 Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990;

2 -        The three tanks hereby permitted shall be painted a Goosewing Grey (10 A 05) colour prior to their erection on-site or within one month of their erection on-site and shall 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) thereafter be maintained as such;

            Reason: To ensure a satisfactory appearance to the development;

3 -        Prior to commencement of the development hereby permitted written details of the colour that the steel paling security fencing is to be painted shall be submitted to the Local Planning Authority for written approval. No development shall commence until the written approval of the Local Planning Authority has been obtained.

            Reason: To ensure a satisfactory appearance to the development;

4 -        The security fencing hereby permitted shall be painted in accordance with the details approved pursuant to condition 3 within one month of their erection on-site and thereafter maintained as such;

            Reason: To ensure a satisfactory appearance to the development;

5 -        Prior to commencement of the development hereby permitted, full details of all external lighting to be installed upon the site (including upon the external elevations of the building) shall be submitted to the Local Planning Authority for their written approval. No external lighting shall be installed upon the site (including upon the external elevations of the building) without the prior written  ...  view the full minutes text for item 39.

For:     Miss K Rogers per Linton Design, 27 High Street, Bromyard, Herefordshire,  HR7 4AA

Ward: Bromyard

It was reported that the Head of Environmental Services and Trading Standards had no comments to make on the application and that the Director of Children's Services supported it.

In accordance with the criteria for public speaking, Mr Cronin of Bromyard Town Council and Mrs Mitchell, the objectors agent, spoke against the application and Ms Rogers the applicant, spoke in favour.

Councillor B Hunt, a local Ward Member, commented that the speakers had put forward very convincing and sound arguments about the application but felt that the key issue was the very narrow approach road which even with passing bays would prove difficult for visitors, service and emergency vehicles to negotiate.  Councillor PJ Dauncey said that the excellent and valuable service provided for the elderly by the applicant was not in doubt but he shared the concerns expressed by Councillor Hunt.  It was felt that more work needed to be done by the applicant to arrange passing bays in strategic locations so that blind spots in the approach road could be overcome. Having considered the details of the application, the Sub-Committee decided to defer consideration of the application.

RESOLVED That consideration of the application be deferred for further work to be done by the applicants on meeting the highway concerns of the Sub-Committee

For:     M F Evans per Linton Design 27 High Street Bromyard Herefordshire  HR7 4AA

Ward: Bromyard

Councillor PJ Dauncey one of the local Ward Members was concerned about the application because the local area was a considerable eyesore and a scheme with no car parking was likely to cause problems in the vicinity.  Councillor BF Ashton concurred with this view and pointed out that there was no suitable car parking nearby and that the public transport was inadequate.  He did not feel that such a scheme was appropriate in a small market town.  Councillor Mrs JP French enquired whether a Section 106 obligation could be entered into by the applicant to contribute to the provision of car parking elsewhere in the Town.  The Development Control Manager felt that on balance the scheme would enhance the area.

RESOLVED:

That    (i)    The Northern Area Planning Sub-Committee is minded to refuse the application subject to the reasons for refusal 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.      Inadequate car parking.

(ii)         If the Head of Planning Servicesdoes 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 the reason for refusal referred to above.

[Note: Following the vote on this application, the Development Control Manager advised that he would not refer the application to the Head of Planning Services.]

Councillor Mrs JP French voted against the application.

For:     Mr P Hunt per John Ruck Construction Elms Green Leominster Herefordshire  HR6 0NS

Ward: Hampton Court

It was reported that the applicants had submitted a revised plan which relocated the building to a position on the site which was acceptable to the officers on planning grounds.

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) (19^th May 2006)

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

3 -        B09 (Colour of cladding (stables) )

            Reason: To protect the visual amenities of the area.

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.

Informative:

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

For:            Bishops Of Bromyard per ASG Essex, 1 Bentalls,  Basildon, Essex, SS14 3BS

Ward: Bromyard

RESOLVED

That subject to no new representations being received raising material planning considerations not previously considered, the Head of Planning Services (following the expiration of the public consultation period) be given authority to approve the application subject to the following conditions:-

1 -     I01 (Time limit on consent )

         Reason: In the interests of the visual amenity of the area.

2 -     I02 (Removal of existing signs )

         Reason: To preclude the build-up of unnecessary advertisements on the application site to the detriment of visual amenity.

3 -     H24 (Illumination of signs and canopies and floodlighting )

         Reason: In the interests of highway safety.

4 -     The illumination of advertising shall comply with Technical Report No. 5 issued by the Institute of Lighting Engineers.

Reason:  In the interests of highway safety.

Informatives:

1 -     The applicant must ensure that the proposed signage does not encroach onto or over land not in their ownership.  If any sign hereby approved is placed/encroaches on land not in the applicants ownership then the applicant is advised to contact the owners of the said land before the signs are erected.

For:     R Harris per The Land Use Consultancy

141 Bargates  Leominster  Herefordshire  HR6 8QS

Ward: Bringsty

It was reported that the parish council had no objection to the application, a previous objector had submitted a further objection and that the applicant’s agent had said that the proposed agreement was acceptable to his client.

RESOLVED that

1)  Subject to no representation raising matters not previously considered by 19 July, 2006, the Head of Legal and Corporate Services be authorised to complete a planning obligation under Section 106 of the Town and Country Planning Act 1990, to set out heads of agreement and deal with any other appropriate and incidental terms or issues;

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.     E06 - Restriction of Use (non-commercial agricultural machinery repairs and service workshop)   (Class B2)

Reason: The local planning authority wish to control the specific use of the land/premises, in the interest of local amenity.

        Informatives:

1.          This permission is granted pursuant to an agreement under Section 106 of the Town and Country Planning Act 1990.

2.      N15  (Reasons for planning permission)

3)      That the officers named in the Scheme of Delegation to Officers be authorised to amend the above conditions as necessary to reflect the terms of the planning obligation and to refuse the agreement if the applicant does not sign it within a timescale considered to be reasonable by the officers.

For:     Mr & Mrs Palmer per Mr R Pritchard, The Mill, Kenchester, Hereford, HR4 7QJ

Ward: Pembridge & Lyonshall with Titley

The receipt of a letter of objection was reported.  The Northern Team Leader said that unless the applicant was prepared to install obscure glazing and make the windows overlooking the adjoining property bottom opening, he would change the recommendation to refusal.

In accordance with the criteria for public speaking, Mr Klein from the neighbouring property spoke against the application and Mrs Palmer, the applicant, spoke in favour.  She said that she would comply with the requirements of the officers regarding the overlooking windows.

A proposal that the application should be refused was lost.

RESOLVED

That the Officers named in the Scheme of delegation to Officers be authorised to grant planning permission in consultation with the Local Ward Member, 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       E18 (No new windows in specified elevation )

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

5       E19 (Obscure glazing to windows )

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

           Informative

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

2        Obscure glazing to be installed to the satisfaction of Officers so that overlooking of the adjoining property will be prevented

For:     Mr J Lewis per McCartneys, 7 Broad Street, Leominster, Herefordshire,  HR6 8BT

Ward: Castle

The Vice-Chairman assumed the Chair for the duration of this item because the Chairman had declared a prejudicial interest and had left the meeting.

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.

In accordance with the criteria for public speaking, Mr Hughes the agent acting on behalf of the applicant deferred the right to speak until the next meeting.

For:     Mr & Dr Plant per Border Oak Design & Construction, Kingsland Sawmills, Kingsland, Leominster, Herefordshire, HR6 9SF

Ward: Pembridge & Lyonshall with Titley

RESOLVED

That the Officers named in the Scheme of delegation to Officers be authorised to grant planning permission in consultation with the Chairman and Local Ward Member, 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 )

5       H01 (Single access - not footway )

         Reason: In the interests of highway safety.

6       H03 (Visibility splays )

         Reason: In the interests of highway safety.

7       H05 (Access gates )

         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       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.

INFORMATIVE:

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

For:     L Price per Mr E Price  Moorcourt Lyonshall Kington Herefordshire HR5 3JZ

Ward: Castle

The receipt of an amended plan from the applicant regarding access was reported.  It was noted that the dwelling would be for an agricultural workers dwelling.

RESOLVED

That planning permission be granted subject to the following conditions

1 -     A06 (Development in accordance with approved plans )

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

2 -     No work shall commence in respect of the access to the site until a scheme for landscaping of this feature has been submitted to and approved in writing by the local planning authority.

         Reason:  In the interest of the visual amenity of the surrounding landscape.

3 -     G06 (Scope of landscaping scheme)

         The landscaping scheme required by condition no. 2 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, floorspace, earth moulding, tree and shrub planting.

(c)   Full details of all protective measures to prevent damage during the course of development to trees and other features to be retained.

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

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

Informative:

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

For:     Mrs Fraser at above address

Ward: Mortimer

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.

It was reported that the Parish Council had no objection to the application and that Mr Bill Wiggins MP had requested that weight be given to the views of an objector to the application.

In accordance with the criteria for public speaking, Mr MacFarquhar an objector spoke against the application and Mrs Fraser the applicant spoke in favour.

For:            Homewood Developments Ltd, Wheelers Kiln, Bush Bank, Hereford, HR4 8ED

Ward: Mortimer

In accordance with the criteria for public speaking, Mr Sudworth of Leintwardine Parish Council and Mr Campbell-Kerr, an objector, spoke against the application.

Councillor Mrs LO Barnett had a number of reservations about the application, feeling that the proposal was not complimentary with adjacent or opposing buildings.  She noted however that it was an application for the approval of reserved matters.  Members discussed the concerns which had been raised about the density of the proposed dwellings and limited car parking and access.  Councillor BF Ashton was concerned that although the scheme was in accord with government policy it was wholly inappropriate for the setting of a small rural village.  The Sub-Committee debated all the facts for and against the application and felt that four dwellings would be more acceptable.  A motion for approval was lost and on balance it was considered that the application should 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              Siting;

2              Design;

3              Appearance; and

4              Access.

(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 Development control Manager said that he would refer the application to the Head of Planning Services)

For:     Mr & Mrs Burrows, per Mr D R Davies, 23 Charlton Rise, Ludlow, Shropshire,  SY8 1ND

Ward: Bircher

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       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 )

         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 [special] architectural or historical interest.

           INFORMATIVES:

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