To receive apologies for absence.

Apologies were received from Councillor RBA Burke

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

Councillor	Item	Interest
Cllr Mrs LO Barnet	Agenda item 7, Minute 177 DCNW2006/3978/F - steel portal framed production and storage buildings, lorry park, alterations to internal roadways and new access at Kingspan Insulations Ltd, Torvale Industrial Estate, Pembridge	Declared a personal interest and remained in the meeting.
Cllrs P Jones and J.P. Thomas	Agenda Item 12, Minute 182 DCNC2007/0861/F - proposed single storey extension to provide additional bedroom accommodation at The Forbury Residential Home, Church Street, Leominster	Declared a prejudicial interest interest and left the meeting for the duration of this item.

To approve and sign the Minutes of the meeting held on 20th March, 2007.

RESOLVED:            That the Minutes of the meeting held on 28th March, 2007 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 the representations made in relation to the making of a provisional Tree Preservation Order upon trees in the grounds of Larkrise, Knapp Lane, Ledbury and determine whether to confirm the Order.

Ward: Ledbury

The Senior Landscape Officer presented a report about the representations made in relation to proposals for a Tree Preservation Order (TPO) upon trees in the grounds of Larkrise, Knapp Lane, Ledbury.  He said that an objection had been received from to the owner of the site who wished to develop it.  The objection related to a cherry, tree which the owner said had a limited life expectancy of ten to twenty years and that it did not contribute to the future well-being or setting of the other trees within the TPO. 

 

Having considered details of the application and the representations received, the Committee concurred with the views of the Senior Landscape Officer that it should be confirmed.

RESOLVED

THAT Tree Preservation Order no.529 at Larkrise, Knapp Lane, Ledbury be confirmed

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 7 was deferred at the last meeting and items 8 - 12 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:            Kingspan Insulations Ltd, Supercraft, Shobdon Airfield, Shobdon, Leominster, Herefordshire, HR6 9NR

 

Ward: Pembridge & Lyonshall with Titley

Councillor RJ Phillips the Local Ward Member said that following further negotiations with the applicants, he was satisfied with the proposals put forward in respect of off-street parking to serve the local school. 

 

RESOLVED

 

1)      That The Head of Legal and Democratic 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 any additional matters and terms as he considers appropriate.

 

2)      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:

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.

 

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 -     B03 (Matching external materials (general) )

        

         Reason: To ensure the satisfactory appearance of the development.

 

4 -     F21 (Scheme of surface water regulation )

        

         Reason: To prevent the increased risk of flooding.

 

5 -     F32 (Details of floodlighting/external lighting )

        

         Reason: To safeguard local amenities.

 

6 -     D01 (Site investigation - archaeology )

        

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

 

7 -     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.

 

8 -     H17 (Junction improvement/off site works )

        

         Reason: To ensure the safe and free flow of traffic on the highway.

 

9 -     H18 (On site roads - submission of details )

        

         Reason: To ensure an adequate and acceptable means of access is available before the dwelling or building is occupied.

 

10 -   H19 (On site roads - phasing )

        

         Reason: To ensure an adequate and acceptable means of access is available before the dwelling or building is occupied.

 

11 -   H21 (Wheel washing )

        

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

 

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.

 

Informatives:

 

1 -     HN01 - Mud on highway

 

2 -     HN04 - Private apparatus within highway

 

3 -     HN05 - Works within the highway

 

4 -     HN10 - No drainage to discharge to highway

 

5 -     HN22 - Works adjoining highway

 

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

 

7 -     N19 - Avoidance of doubt

Note to Applicant

 

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

For:            Ledbury Allotment Association per Mr R Gardner, 123 Park Road, Barton Under Needwood, Staffordshire  DE13 8DD

 

Ward: Ledbury

The Principal Planning Officer said that a further letter of representation had been received from the agent for the applicant making the following points:

 

• the report omitted the applicant’s offer to spread a layer of top soil onto the proposed track and to spread grass seed in order to promote the growth of grass and the CPRE view that this would ensure minimal impact on the landscape;

 

• the report failed to mention Policy CF5 of the Unitary Development Plan that provided support for the provision of community facilities;

 

• the site was within easy walking distance of a number of houses on the south-western side of town and it was an Officer assumption that users are unlikely to arrive by bus;

 

• the association was confident that due to the profile of their members at least 50% (and probably higher) of trips to the site would be by means other than car;

 

• following a survey of allotment association’s members, the association was confident that at least 75% of trips to the site would be either by foot or bicycle.  The survey only revealed seven members who would travel to the allotments by car;

 

• a significant proportion of the roadside hedge could be retained;

 

• the proposed replacement hedge would only take 1 or 2 years to establish itself, not 20 ;

 

• there was a contradiction in the Council’s Landscape Assessment - The Council was attempting to retain a riverside meadow whilst proposing a wet woodland in mitigation;

 

• the applicant had offered the planting of a hedgerow on the western side of the proposed access track;

 

• the issue of the requirement for future storage buildings was not a matter under consideration; and

 

• the report failed to stress the support for the proposal afforded by policies S8 and RST1.

 

The Principal Planning Officer said that the officer response to these issues is as follows:

 

• the undertaking to spread soil and grass seed on the proposed track surface is welcomed in principle but unlikely to be successful in practice with the following likely:

 

 

·         Gilbert & Anderson – Habitat Creation & Management (1998 OUP) explained at some length the difficulties of grassland establishment in non-normal conditions as well as normal.  The likelihood of floristic habitat establishment in this situation was low that even should the application be approved, a condition requiring the seeding of this track would be unreasonable;

 

• Policy CF5 of the Unitary Development Plan related to the provision of community facilities (to the general public) within buildings as opposed to open-air recreational uses.  Nevertheless it was accepted that in addition to being a recreational facility the provision of allotments may afford a wider community benefit;

 

• the allotments would be approximately 520 metres from the Ross Road, approximately 800 metres to the south-west  ...  view the full minutes text for item 178.

For:      Mr & Mrs F Rooke

 

Ward: Leominster South

Councillor JP Thomas one of the Local Ward Members had a number of concerns about the application. He felt that the proposal constituted over-development of the site, that there would be an adverse impact on the amenity of neighbours and that the access near to a bend in the road would not be safe for motorists.  Councillors Mrs JP French and Bf Ashton shared these concerns and considered that the proposed density whilst possibly appropriate for a large urban area, was completely out of keeping with the character of a market town.  The Sub-Committee endorsed the views of the Local Ward Member and considered that he application should be refused.

 

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.      overdevelopment;

2.      vehicular access; and

3.      character and design

 

(ii)            If the Head of Planning Servicesdoes not refer the application to the Planning Committee, the 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.]

For:      Mrs C Smith, Linton Design, 27 High Street, Bromyard,
Herefordshire, HR7 4AA

 

Ward: Leominster South

RESOLVED:

 

That a site inspection be held for the following reasons:

 

i.        The character or appearance of the development itself is a fundamental planning consideration;

ii.      A judgement is required on visual impact; and

iii.    The setting and surroundings are fundamental to the determination or to the conditions being considered.

 

In accordance with the criteria for public speaking, Mrs Smith the applicant decided to defer her right to speak until the application came back to the Sub-Committee

For:            Stephen Wicks Development Ltd,   Stephen Funge Architectural Design Ltd, 38 Howard Close, Haynes, Bedfordshire, MK45 3QH

 

Ward: Leominster South

The Northern Team Leader said that it would not be necessary to include conditions 2, 6 and 7 set out in the report because these were already part of the original permission.

 

Councillor JP Thomas one of the Local Ward Members had some concerns about the application because vehicular access was through an existing archway and vehicles leaving the site would do so over a pavement straight onto a busy road and have limited visibility.  Whilst acknowledging the concerns of the Local Member, the Sub-Committee noted that the application was one for reserved matters and felt that it would be difficult to sustain a refusal.

 

RESOLVED

 

That the application for Reserved Matters be granted subject to the following conditions:

 

1 -     A09 (Amended plans )

 

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

 

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

 

         Reason: In the interests of visual amenity.

 

3 -     C05 (Details of external joinery finishes )

 

         Reason: In the interests of visual amenity.

 

4 -     G01 (Details of boundary treatments )

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

 

5 -     H27 (Parking for site operatives )

 

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

 

6 -      Notwithstanding the plans hereby approved and before development commences, details of the provision of secure cycle storage within the curtilage of each dwelling shall be submitted to and approved in writing by the local planning authority.

 

         Reason:  To ensure that there is adequate provision for secure cycle accommodation for each of the dwellings, 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

For:      Mr C Lutton per Mr N La Barre, Easters Court, Leominster, Herefordshire, HR6 0DE

 

Ward: Leominster South

It was reported that the following representations had been received after the report had been produced:

 

Dr S. M. G. Crosland, Priory Croft, Leominster.  Objection summary:

 

• inappropriate to setting of Listed Building;

 

• would conflict with Conservation Area;

 

• inappropriate materials used on drive and parking area for previous extension;

 

• lighting in and around existing extension causes nuisance and proposal would cause further light pollution;

 

• garden although reduced from previous extensions provides a pleasant environment; and

 

• ongoing disturbance of works on property over 12 years.

 

In accordance with the criteria for public speaking, Dr Crossland spoke against the application.

 

The Sub-Committee noted the concerns of the applicant and asked for appropriate conditions to be included in the planning permission to minimise the effect of light pollution to her property and that of her neighbour.  It was also agreed to add a condition to ensure that provision was made for construction workers to park within the cartilage of the application site and not on adjoining roads.

 

RESOLVED

 

That planning permission be granted subject to appropriate conditions to minimise the effect of light pollution to the properties of the objectors, and 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 -     D01 (Site investigation - archaeology )

 

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

 

5 -     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.

 

6 -     E18 (No new windows in specified elevation )

 

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

 

7 -     F32 Details of floodlighting/external lighting

 

Reason: To safeguard local amenities.

 

7 -     G02 (Landscaping scheme (housing development) )

 

         Reason: To ensure a satisfactory and well planned development and to preserve and enhance the quality of the environment.

 

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

 

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

 

9 –    H27 (Parking for site operatives)

 

         Reason: to prevent indiscriminate parking in the interests of highway safety.

 

9 -     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.

 

10 -      H30 (Travel plans )

 

         Reason: In order to ensure that the development is carried out in combination with a scheme aimed at promoting the use of a range of sustainable transport initiatives.

 

INFORMATIVES:

 

 

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

 

2 -     HN25 - Travel plans

 

3 -     N19 - Avoidance of  ...  view the full minutes text for item 182.

To note that the date of the next meeting is Tuesday 29th May, 2007 at 2:00 pm

29th May, 2007