To receive apologies for absence.

Apologies were received from Councillors PJ Dauncey, TM James, RJ Phillips DW Rule and J Stone.

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

There were no declarations of interest made at the meeting.

To approve and sign the Minutes of the meeting held on 8th November, 2006.

RESOLVED:            That the Minutes of the meeting held on 8th November, 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 item 6 was deferred for a site inspection at the last meeting, Agenda item 9 was deferred for further negotiations at a previous meeting and items 7 – 8 and 10 – 14 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:      Mr S W Lloyd at same address

Ward: Leominster South

Councillor JP Thomas, one of the Local Ward Members, had a number of concerns about the application.  The land formed a natural break between existing dwellings and a public footpath and was a very small plot for a house and garage to be located on.  Access to the rear of a property would be difficult to achieve as would parking a vehicle in the limited space available.  It would be necessary to close a well-used public footpath adjoining the land during building and Welsh Water was concerned about the sewer being overloaded and did not want any further connections until the upgrade planned for April 2008 was completed.  The Sub Committee concurred with the views of Councillor Thomas.

RESOLVED:

That    (i) The Northern Area Planning Sub-Committee is minded to refuse the application because the site was not considered large enough for a house, garden and off-street car-parking and subject to any further reasons felt to be necessary by the Development Control Manager, provided that the Head of Planning Services does not refer the application to the Planning Committee.

(ii)         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 refuse the application subject to the reasons 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.]

For:      KTH Group Ltd per Gill Pawson Planning, Westman House, Chapel Lane, Nr. Tewkesbury, Gloucestershire, GL20 7ER

Ward: Bromyard

The receipt of a further letter of objection was reported.

In accordance with the criteria for public speaking, Hazel Edwards the Agent acting on behalf of the applicant spoke in favour of the application.

Councillor B Hunt the Local Ward Member felt that approval of the application would enable greater control over the activities which would take place on the site but noted the concerns of local residents.  He felt that it was essential for a the site to be adequately landscaped to improve the amenity of the adjoining properties.

RESOLVED

That planning permission be granted subject to the prior submission of a landscaping scheme which was acceptable to the Officers named in the Scheme of Delegation to Officers 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 -     The development hereby permitted shall be undertaken in accordance with the operational details found at paragraphs 2.0 - 2.4 inclusive of the submitted supporting statement dated October 2006.

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

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

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

4 -     No waste materials shall be deposited or sorted in the building, outside the hours of 08.00 to 18.00 hours Monday to Friday unless otherwise agreed in advance in writing by the local planning authority.

5 -     Before the development commences a scheme for a water misting system in the yard shall be submitted to and approved in writing by the local planning authority.  The scheme shall be implemented in accordance with the approved details.  The installed system shall be maintained in good working order and used to damp down all stored materials kept out of doors whenever dry weather allows dust to blow around the site.

         Reason: To protect the amenity of local residents and to minimise any adverse effects of dust, in accordance with Herefordshire Unitary Development Plan (Revised Deposit Draft) policies S2 and DR9.

6 -     Before the development commences a detailed scheme for a ventilation and air extraction system within the building, including dust particle arrestment, shall be submitted to and approved in writing by the local planning authority.  The scheme shall be implemented in accordance with the approved details and the ventilation system used and maintained in good working order throughout the use of the waste transfer station.

         Reason: To prevent pollution and dust emissions to atmosphere, in the interests of health and safety and the amenity of local residents in accordance with Herefordshire Unitary Development Plan (Revised Deposit Draft) policies S2, DR4 and DR9.

7 -     All waste tipping and sorting shall take place within the building with the doors kept closed.

         Reason: To protect the amenity of local residents and to ensure the efficiency of the ventilation system required by  ...  view the full minutes text for item 113.

For:      Mr & Mrs S Gummery per Meredith Architectural Design, 34 Montpelier Road, West Malvern, Worcestershire, WR14 4BS

Ward: Ledbury

The receipt of a further 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 -     Prior to commencement of the development hereby permitted, full written details and samples of all materials to be used in the construction of the external surfaces of the developments hereby permitted shall be submitted to the Local Planning Authority for their written approval.  No development shall commence until the written approval of the Local Planning Authority has been given.

         Reason:  To ensure a satisfactory appearance to the development.

3 -     The garage building hereby permitted shall only be used for purposes incidental to the use of 'Kyldonan' as a single family dwelling house and shall not be used in connection with any trade or business.

         Reason:  To safeguard the character of the area and the amenities of occupiers of existing dwellings in the immediate vicinity.

           Informatives:

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

2 -     N19 - Avoidance of doubt

For:      Ms H Kent per Mr P H Tufnell, Tufnell Town & Country Planning, Waverley Studio, Gloucester Road, Hartpury, Gloucester, GL19 3BG

Ward: Hope End

The Development Control Manager said that a complaint had been received about the contents of the report and that this was being dealt with through the formal complaints procedure.

The receipt of a letter of objection and a letter from the applicant’s agent answering the objection was reported.

The Principal Planning Officer said that the application was previously deferred by the Sub-Committee for discussions about amendments to the position of the dwelling.  The Sub-Committee had favoured the position of the dwelling being rotated in a clockwise direction to reduce over-looking of a property to the rear.  He advised that the applicants had felt unable to amend the scheme as suggested.   

Councillor R Mills, one of the Local Ward Members thanked the officers for their work on the application.  He said that the local parish council and neighbours were opposed to the application, feeling that the proposed dwelling would be too large and overbearing on the site.  He shared these views and was disappointed that the applicant was not prepared to alter the orientation of the building because overlooking of an adjoining property was quite significant.  The Sub-Committee agreed that the building was too large for the site and shared the concerns about the problem of overlooking.  It was felt that the application should therefore be refused.

RESOLVED:

That    (i) The Northern Area Planning Sub-Committee is minded to refuse the application because the proposed dwelling would severely overlook an adjoining property and subject to any further reasons felt to be necessary by the Development Control Manager, provided that the Head of Planning Services does not refer the application to the Planning Committee.

(ii)         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 refuse the application subject to the reasons 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.]

For:      Miss D Moore per HLL Humberts Leisure, Pavilion View, 19 New Road, Brighton, E. Sussex. BN1 1UF

Ward: Leominster South

The receipt of letters of objection from local residents and Leominster Town Council was reported. 

Councillor JP Thomas, one of the Local Ward Members had a number of concerns about the application and the fact that the use of the units for residential accommodation had existed for some time without the necessary authorisation. He was also concerned at the potential for pollution with the sewage outfall going into the adjoining holly brook.  Councillor RBA Burke, one of the Local Ward Members said that the site had been used for residential accommodation for some years without any problems arising.  Mrs Barnett was of the view that the units helped to provide accommodation for those in greatest need and that the application should be supported. 

The Sub-Committee discussed the merits of the application and whether residential accommodation should be permitted in the location.  The Development Control Manager explained the planning and enforcement advantages which would arise if permission was granted.  Councillor JP Thomas suggested that consideration of the application should be deferred for the views of the Councils Strategic Housing department to be sought about the provision of accommodation for the homeless.  The Sub-Committee concurred with this view.

RESOLVED:

that consideration of the application be deferred for the views of the Councils Strategic Housing department to be sought about the provision of accommodation for the homeless.

For:      Miss P Moore,  HLL Humberts Leisure, Pavilion View, 19 New Road, Brighton, E. Sussex. BN1 1UF

Ward: Leominster South

The debate on the previous item set out in Minute No 116 also related to this item.

RESOLVED:

that consideration of the application be deferred for the views of the Councils Strategic Housing department to be sought about the provision of accommodation for the homeless.

For:      Elgar Housing Association per Mr P Bingham, Festival Housing Group, Partnership House, Grovewood Road, Malvern, Worcestershire. WR14 1GD

Ward: Bromyard

In accordance with the criteria for public speaking, Mrs Preece and Mrs Warren spoke against the application.

The receipt of further objections from Ocle Pychard Parish Council was reported. 

Councillor B Hunt, one of the Local Ward Members was unhappy that the oil storage tanks had been located in such prominent locations without prior consent being obtained, and the adverse impact they had on the amenity of local residents.  He felt that the application should be refused or further negotiations held with the applicants.  Members discussed the application and noted that there was limited scope available for satisfactory location because the bungalows did not have rear gardens.  It was felt that the application should be refused but that the officers could use their discretion for removal to take place after the winter.

RESOLVED:

That    (i) The Northern Area Planning Sub-Committee is minded to refuse the application on the grounds of the visual amenity of adjoining properties and subject to any further reasons felt to be necessary by the Development Control Manager, provided that the Head of Planning Services does not refer the application to the Planning Committee.

(ii)         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 refuse the application subject to the reasons 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.]

For:      Elgar Housing Association per Mr P Bingham, Festival Housing Group, Partnership House, Grovewood Road, Malvern, Worcestershire, WR14 1GD

Ward: Bromyard

The debate on the previous item set out in Minute No 118 also related to this item.

That    (i) The Northern Area Planning Sub-Committee is minded to refuse the application on the grounds of the visual amenity of adjoining properties and subject to any further reasons felt to be necessary by the Development Control Manager, provided that the Head of Planning Services does not refer the application to the Planning Committee.

(ii)         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 refuse the application subject to the reasons 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.]

For:            Mercury Health Ltd per Tribal MJP, 70 High Street, Chislehurst, Kent.  BR7 5AQ

Ward: Leominster South

It was noted that this item would need to be submitted to the Planning Committee because it involved Council owned land.

The next meeting is scheduled for Wednesday 3rd January, 2007 at 2:00 pm

Wednesday 3 January, 2007.