To receive apologies for absence.

Apologies were received from Councillors Mrs PM Morgan and RC Hunt.

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

Councillor Mrs K Swinburne declared a personal interest in respect of  planning application DCNE2007/1703/F - provision of a rooftop flagpole telecommunications installation, 3 no. ground based equipment cabinets and ancillary development at Bt Exchange, Walwyn Road, Colwall Stone, Malvern, Worcs, WR13 6ED

To approve and sign the Minutes of the meeting held on 25th July, 2007.

RESOLVED:            That the Minutes of the meeting held on 27th June, 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 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 more information at the previous meeting and the remaining 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:      Mrs P Leigh per Mr R Davies, R Design, Ennador, Newlands Road,  Leominster, Herefordshire,  HR6 8HN.

Ward:            Leominster North

The Principal Planning Officer said that consideration of the application had been  deferred at the previous meeting to enable Welsh Water to be formally consulted on the proposed development arising on concerns raised by adjoining residents about foul and surface water disposal.  Welsh Water had recommended that any planning permission granted should include conditions and advisory notes relating to foul and surface water discharges.  On this basis the Sub-Committee decided that planning permission could be granted as recommended.

RESOLVED

That outline planning permission be granted subject to the following conditions:-

         1 - A02 (Time limit for submission of reserved matters (outline permission))

         Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

         2 - A03 (Time limit for commencement (outline permission))

         Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

         3 - A04 (Approval of reserved matters)

         Reason: To enable the local planning authority to exercise proper control over these aspects of the development.

         4 - A05 (Plans and particulars of reserved matters)

         Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

         5 - D01 (Site investigation - archaeology)

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

         6 - 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.

         7 – Notwithstanding the provisions of Condition 6, each individual parking space shall measure 4.8 metres by 2.4 metres, unless otherwise first agreed in writing by the local planning authority

         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 – No windows shall be provided in either of the first floor northwest or southeast facing end elevations of the proposed terrace, without the prior written permission of the local planning authority.

         Reason:  In the interest of privacy and amenity.

         10 - W01 – (Foul/surface water drainage)

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

         11 - W02 – (No surface water to connect to public system)

         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.

         12 - W03 – (No drainage run-off to public system)

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

Informatives:

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

2 -   N03 - Adjoining property rights

3 -   HN01 - Mud on highway

4 -   HN04 - Private apparatus within highway

5 -   HN05 - Works within the highway

6 -   HN10 - No drainage to discharge to highway

7 -   HN22 - Works adjoining highway

8 -   The applicant should be aware that this outline planning permission does not

        override any civil/legal rights enjoyed by adjacent property owners and that any  ...  view the full minutes text for item 70.

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

Ward:            Leominster South

The Principal Planning Officer presented the following updates:

Miss A Cann, who is listed as being in support of the application, has asked that her letter be considered as an objection.  As a resident on the site, she is concerned at the manner in which the site has been run and refers to a number of disputes that she has had with her landlady.  She also feels that the site has not been properly checked by the Council.

Two further e-mail correspondence have been received.  One is submitted on behalf of the residents of Meadow Bank.  The points raised are as follows and are considered to demonstrate that the park has been used for residential purposes for some time:

1.      Many occupants of the site are there as a sole place of residence and are registered with the Post Office.

2.      All are registered with local dentists and doctors, and one with a local school.

3.      All are on the electoral register.

4.      The majority have BT land lines

5.      The majority of residents have bank accounts, pay Income Tax and National Insurance.

6.      Several residents are Hungarian Nationals and have been granted work permits by the Home Office.

None of this would be possible if the site was not considered to have permanent residential status.

The second is from Mr K Flello who is also a resident on the site.  He comments as follows:

Meadow Bank Park was established as a holiday caravan site during the 1960's and in 1998 was given a Certificate of Lawfulness for 5 homes when it was known that 11 existed on that section.  Since 2003 the park has operated as 'Residential' with people buying homes intending to spend a peaceful retirement and leaving city living and the crimes that plague our cities far behind.  Indeed my research has shown that over the past 5 years only 5 crimes have been recorded in the whole of the Hamnish area, 2 crimes of theft of motor vehicles, 1 a caravan from storage at Meadow Bank in 2002. and, 3 of burglary from non domestic dwellings, in that 5 years I understand that 14 other incidents were attended covering an area from the A44 to Kimbolton.  Some residents have had grants to better insulate their home and add pitched roofs. Some also maintain gardens which also adds to the pleasant views and creates a mutual interest in the general appearance around our homes.  New residents are vetted by Miss Moore which has resulted in very good close knit multi racial community where everyone gets on together.

In accordance with the criteria for public speaking, Mr Boghurst the agent acting for the applicants spoke in favour of the application.

The Sub-Committee discussed the merits of the application and whether residential accommodation should be permitted in the location.  Councillor RBA Burke, one of the Local Ward Members Had concerns about potential traffic problems in the narrow lanes around the site and expressed the view that the application should  ...  view the full minutes text for item 71.

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

Ward:            Leominster South

The debate set out in the previous minute also relates to this application.

RESOLVED

That planning permission be approved subject to the following conditions:

1.     G04  - Landscaping scheme (general)

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

2.     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

For:            Alexander Duncan Ltd. per Mr C Goldsworthy, 85 St Owens Street, Hereford, HR1 2JW.

Ward:            Leominster South

The Principal Planning Officer said that the Ramblers Association had raised no objections to the proposal on the basis that it would not impact upon an adjacent footpath.

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

Having considered the details about the application, the Sub-Committee felt that approval would not be detrimental to the area and would give much more flexibility to the applicant in developing his business.  It was therefore considered that despite the contrary advice from the officers, it should be approved.

RESOLVED:

that     (i) The Northern Area Planning Sub-Committee is minded to approve the application subject to any appropriate conditions 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 approve the application in consultation with the Local Ward Members and subject to such conditions referred to above.

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

For:      Mr & Mrs M Claffey per Aedas Architects Ltd, Parsonage Chambers, 3 The Parsonage, Manchester, M3 2HW.

Ward:  Hope End

In accordance with the criteria for public speaking, Mr Browning of Colwall Parish Council and Mr Jolly, the Agent acting for the applicants, spoke in favour of the application. 

The Principal Planning Officer explained that the officers were in favour of the application because the proposal was for a dwelling which would be exceptional in respect of its design and eco-friendly attributes.  The Development Control Manager said that although the proposal was for a new dwelling in the open countryside and contrary to some policies, it was acceptable by virtue of its exceptional quality and innovative design.  He felt that it would enhance the setting of the neighbouring listed buildings and landscape.  The Sub-Committee concurred with the view of the officers.

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 the following matters shall be submitted to the Local Planning Authority for their written approval:-

·         Written details and samples of all external materials to the dwelling

·         Written details and samples of the surfacing materials to the driveway

·         Full details of the fenestration system

The development shall not commence until the local planning authority has given such written approval. The development shall be carried out in strict accordance with the approved details and thereafter maintained as such;

         Reason: - To ensure a satisfactory appearance to the development, to safeguard the setting of the neighbouring listed buildings and to safeguard the character of the Area of Outstanding Natural Beauty.

3 -      Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order), no development normally permitted by that Order shall be carried out without the express consent of the Local Planning Authority.

         Reason: To safeguard the architectural integrity of the dwelling hereby permitted, to safeguard the setting of the neighbouring listed buildings and to safeguard the character of the Area of Outstanding Natural Beauty.

4 -     All planting, seeding and turfing in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the first occupation of the dwelling hereby permitted or the completion of the development (whichever is the sooner). Any trees or plants which within a period of ten years from completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

         Reason: To ensure a satisfactory setting to the building hereby permitted and to enhance the Area of Outstanding Natural Beauty.

5 -     Prior to the first occupation of the dwelling hereby permitted the new driveway, integral garaging and turning / manoeuvring area(s) for motor vehicles and secure cycle storage facilities shown upon the approved plans shall  ...  view the full minutes text for item 74.

For:            National Grid Wireless (For T-Mobile (UK)) Ltd,   Higham & Co, 500 Styal Road, Manchester,   M22 5HQ.

Ward:  Hope End

The Principal Planning Officer said that a further three letters of objection had been received from residents in the vicinity.

In accordance with the criteria for public speaking, Mr Browning of Colwall Parish Council spoke in favour, Mr MacGregor an objector spoke against and Mr Waugh the agent acting for the applicants spoke in favour of the application. 

Having considered all the details about the application, the Sub-Committee did not feel that there were sufficient grounds to refuse it because of health concerns that had been raised, and was of the view that the proposal was well designed to have a minimum impact on the surrounding area.

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 flagpole and equipment cabins shall be finished in a colour agreed in writing by the Local Planning Authority prior to the commencement of development. The mast and equipment cabins shall be coloured in accordance with the approved details and maintained in perpetuity.

         Reason: To minimise the visual impact of the development in an area designated as an Area of Outstanding Natural Beauty.

Informative(s):

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

2 -     N19 - Avoidance of doubt

For:      Mr B Davies per Mr Day, Sanderum Centre, Oakley Road, Chinnor, Oxfordshire, OX39 4TW.

Ward:            Pembridge & Lyonshall with Titley

The Senior Planning Officer said that the Head of Environmental Health and Trading Standards had requested an additional condition about noise attenuation to cover areas not controlled by a PPC permit.  The Committee was agreeable to this request.

Councillor RJ Phillips the Local Ward Member said that the public meeting held about the application in June had been particularly helpful to explain details of the application for the benefit of local residents and the parish council.  He felt that the applicants had made strenuous efforts to ensure that the application met the Council’s policies and conditions about noise control, pollution control, bio-diversity and sustainability.

RESOLVED

That planning permission be granted subject to the following conditions:

1 -        A01 (Time limit for commencement (full permission)) (5 years – Special Circumstances)

                 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 -        No combustor unit or other energy-generating equipment shall be installed at the site other than that specified in sections 4, 5 and 6 (pp 10-16) of the submitted 'Description of the project' dated April 2007.

                 Reason:  Because any other type of such equipment would require further consideration by the local planning authority.

4 -        No development shall take place until the following has been submitted to and approved in writing by the local planning authority:

a)         A 'desk study' report including previous site and adjacent site uses, potential contaminants arising from those uses, possible sources, pathways, and receptors, a conceptual model and a risk assessment in accordance with current best practice.

b)         If the risk assessment in (a) confirms the possibility of a significant pollutant linkage(s), a site investigation should be undertaken to characterise fully the nature, extent and severity of contamination, incorporating a conceptual model of all the potential pollutant linkages and an assessment of risk to identified receptors.

c)         If the risk assessment in (b) identifies unacceptable risk(s) a detailed scheme specifying remedial works and measures necessary to avoid risk from contaminants/or gases when the site is developed.  The Remediation Scheme shall include consideration of proposals to deal with situations where, during works on site, contamination is encountered which has not previously been identified.  Any further contamination encountered shall be fully assessed and an appropriate remediation scheme submitted to the local planning authority for written approval.

                 Reason:  To ensure any potential soil contamination is satisfactorily dealt with before the development takes place, in accordance with HUDP policies DR4 and DR10.

5 -        On completion of the remediation scheme specified in condition 4, the developer shall provide a validation report to confirm that all works were completed in accordance with the agreed details, which must be submitted before the development is first occupied.  Any variation to the scheme including the validation reporting shall be agreed in writing with the Local Planning Authority in advance of works being undertaken.

                 Reason:  To ensure any potential soil contamination  ...  view the full minutes text for item 76.

For:      G. P. Thomas & Son Ltd, McCartneys, 7 Broad Street, Leominster, Herefordshire, HR6 8BT.

Ward:            Bircher

The Principal Planning Officer said that the Head of Environmental Health and Trading Standards had requested and additional condition regarding the times that machinery was operated on site and deliveries were made.

In accordance with the criteria for public speaking, Mr Hughes the agent acting for the applicants 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 -     Foul water and surface water discharges shall be drained separately from the site.

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

4 -     No surface water shall be allowed to connect (either directly or indirectly), to the public sewerage system unless otherwise approved in writing by the Local Planning Authority.

         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.

5 -     Land drainage run-off shall not be permitted to discharge, either directly or indirectly, into the public sewerage system.

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

6 -     No development approved by this permission shall be commenced until a scheme for the provision and implementation of a surface water regulation system including the use of Sustainable Urban Drainage Systems has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority, in consultation with the Environment Agency.

         Reason: To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal.

7 -     No works or development shall take place until a scheme for the protection of the retained trees (section 7, BS59837, the Tree Protection Plan) has been agreed in writing with the Local Planning Authority.  This scheme shall include:

         a)  a plan to a scale and level of accuracy appropriate to the proposal that shows the position, crown spread and Root Protection Area (para. 5.2.2 of BS5837) of every retained tree on site and on neighbouring or nearby ground to the site in relation to the approved plans and particulars. The positions of all trees to be removed shall be indicated on this plan.

         b) the details of each retained tree as required at para. 4.2.6 of BS5837 in a separate schedule.

         c)  the details and positions (shown on the plan at paragraph (a) above) of the Ground Protection Zones (section 9.3 of BS5837).

         d)  the details and positions (shown on the plan at paragraph (a) above) of the Tree Protection Barriers (section 9.2 of BS5837), identified separately where required for different phases of construction work (e.g. demolition, construction, hard landscaping). The Tree Protection  ...  view the full minutes text for item 77.

For:      Mr & Mrs Crabtree at above address.

Ward:            Mortimer

The Sub-Committee was agreeable to the application subject to condition No.4 being worded as set out below:

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 -     E31 (Use as holiday accommodation)

         Reason: The local planning authority are not prepared to allow the introduction of separate units of residential accommodation, due to the site being outside a recognised development boundary in accordance with the Herefordshire Unitary Development Plan.

4 -     No holiday unit on site shall be occupied by the same person for more than three calendar months and that same person shall not reoccupy part of the site within 6 weeks of the last date of occupation.

         Reason: To prevent the establishment of a residential use of the site, which is located outside of a recognised development boundary in accordance with the Herefordshire Unitary Development Plan.

5 -     A record of names and addresses of all occupants of the holiday units hereby approved will be maintained by the applicants, or their successors in title and produced to the Local Planning Authority when requested.

         Reason: To prevent the establishment of a residential use of the site, which is located outside of a recognised development boundary in accordance with the Herefordshire Unitary Development Plan.

6 -     During the construction phase no machinery shall be operated, no process shall be carried out and no deliveries taken at or despatched from the site outside the following times:  Monday - Friday 7.00 am - 6.00 pm, Saturday 8.00 am - 1.00 pm nor at any time on Sundays, Bank or Public Holidays.

         Reason:  To protect the amenity of local residents.

7 -     G10 (Retention of trees)

         Reason: In order to preserve the character and amenities of the area.

8 -     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.

9 -     F23 (Improvement of existing sewerage system)

         Reason: To prevent pollution of the water environment.

10 -      The entire mobile holiday park and the adjacent public house known as the Compass Hotel shall not be sold separately from each other. 

         Reason:  To ensure unrestricted access from the site to the public highway.

11 -      Prior to any development of site full details will be submitted to and approved in writing by the Local Planning Authority of the site layout, additional landscaping, size and colour of the mobile units to be placed on site.

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

           Informatives:

1 -     The applicants or successors in title are reminded that the site is served by land drainage that also affects adjoining land to the application site and that all necessary precautions must be undertaken to  ...  view the full minutes text for item 78.

For:      Mr J Argent per Mr D Walters, 27 Elizabeth Road Kington, Herefordshire, HR5 3DB.

Ward:  Castle

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

The Sub-Committee discussed the details of the application and felt that the proposal would considerably enhance the dwelling and setting, and be preferable to the existing breezeblock and zinc structure which they felt had no architectural merit.  They therefore felt that the application should be approved

RESOLVED:

that     (i) The Northern Area Planning Sub-Committee is minded to approve the application subject to any appropriate conditions 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 approve the application in consultation with the Local Ward Members and subject to such conditions referred to above.

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

For:      Mr & Mrs A Davies per McCartneys,  7 Broad Street, Leominster,  Herefordshire  HR6 8BT

Ward: Pembridge & Lyonshall with Titley

The Principal Planning Officer presented the following updates:

Pembridge Parish Council consider that any previous reasons for refusal had been addressed in the submitted Design and Access Statement and therefore has no objections to this application.

Letter of objection received signed by residents of 13 local households in and around Marston.  Letter raises objections to the proposed development on grounds of impact on the natural environment, highway infrastructure, impact on local community and represents incremental and unsustainable development. The proposal is no different to that previously refused. Concerns are also raised about a list of persons who indicated no objection to the proposed development. This list was submitted as part of the application, the letter of objection stating that most are not local residents to the application site, unlike the signatories to the letter of objection.

Landscape Manager has stated that the application site is within Wet Pasture Meadow in Landscape type in accordance with the Council’s Landscape Character Assessment and that a decision to refuse the application in relation to Policies LA2 and LA6 of the UDP would be justified.

In accordance with the criteria for public speaking Mr Hughes the agent acting for the applicants spoke in favour. 

Councillor RJ Phillips the Local Ward Member said that there were four passing bays on the road approaching the site and that given that the majority of the applicants business was conducted on an appointment basis, he did not feel that there would be a highway safety problem.  He suggested that a temporary three-year planning consent could be granted with appropriate conditions which would enable any  problems to be identified.  The Sub-Committee agreed with this view and felt that consent should be granted subject to the Chairman and Local Ward Member being first consulted.  

RESOLVED:

that     (i) The Northern Area Planning Sub-Committee is minded to approve the application subject to approval being granted in consultation with the Chairman and Local Ward Member, the following conditions and any further conditions 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.

1.                        Temporary permission for three years

2.                        Use, sales, opening hours, delivery times, noise and light pollution

3.                        Landscaping

4.                        Access

5.                        Land to be reinstated if use ceases

(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 approve the application in consultation with the Local Ward Members and subject to such conditions referred to above.

[Note: Following the vote on this application, the Development Control Manager said that he would refer the application to the Head of Planning Services]