To receive apologies for absence.

Apologies were received from Councillors LO Barnett and RJ Phillips.

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 17th October, 2007.

RESOLVED:            That the Minutes of the meeting held on 17th October, 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.

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.

Erection of 10 stainless steel storage silos for fruit juice.

Ward: Ledbury

The Senior Planning Officer presented the following updates:

A further letter has been received from Collins Engineering Ltd the Company employed to paint and reinstate the tanks.  They make the following comments:

·                     The tanks in question are second hand and not immaculate and by             painting them it is hoped that they will blend into the countryside.

·                     The tanks are stainless steel and because of their age the material has             been significantly dulled.

·                     From a practical point of view they are very difficult to paint whilst they             are laid on ground and also whilst standing up as they are so close             together.

·                     Health and Safety implications have to be considered.

The tanks whilst high are not in a particularly prominent position so we beg you to reconsider the matter and allow them to be erected in their natural state.

The Senior Planning Officer said that the Officers had no objection to the silos remaining unpainted and that condition No 2 in the recommendation of the report could therefore be deleted.  The Sub-Committee was agreeable to this.

Councillor ME Cooper one of the Local Ward Members was in favour of the application, feeling that the silos would not be too obtrusive in the landscape and that such applications should be encouraged on employment land.

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.      Within 6 months of the date of this decision notice, a landscaping scheme for the eastern boundary of the application site shall be submitted for approval by the Local Planning Authority and thereafter maintained as such.

         Reason: To ensure a satisfactory appearance to the site, in accordance with Herefordshire Unitary Development Plan (adopted 2007) policies DR1 and E8.

3.      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.

2.      N19 - Avoidance of doubt.

3.      The bund, located on the eastern boundary of the site, does not form part of this planning permission.

Proposed erection of 17 residential units with ancillary car parking.

Ward: Frome

In accordance with the criteria for public speaking, Mr Shave of Bishops Frome Parish Council, and Mr Plumer an objector acting on behalf of local residents, spoke against the application. 

The Sub Committee discussed the application and noted the concerns raised by the parish council and local residents about the proposed density, car parking and lack of provision for pedestrians crossing a busy road.  Councillor PM Morgan the Local Ward Member noted that the applicants had tried to meet the requirements of the Council regarding these issues since the refusal of the original application in July. Although the density was still fairly high, the scheme complied with the planning requirements and the applicants had increased the carparking provision within the scheme.  Councillor WLS Bowen still had reservations about the proposed density and the safe access for children from the site to the play area elsewhere in the village.  Councillor KG Grumbley felt that the contribution by the developer within the planning obligation was rather low and that the developer could do more by providing safe footways from the site and traffic calming to the northern gateway of the village.  The Northern Team Leader said that it would not be practicable to provide a footpath from the site because there was no suitable land available.  He also said that it would be difficult on planning grounds to link the site to the north of the village for traffic calming.

Councillor P Watts asked whether the applicants could be obliged to provide street lighting and the Area Engineer (Development Control) said that there was no highways requirement for it and that in many cases local people did not want street lighting in the villages because of light pollution.  If it was required, the first step would be for the parish council to submit a formal request to the Council.  Councillor K Swinburne shared the concerns of the parish council and felt that the needs of the villagers should be met through providing street lighting and safe crossings. The Northern Team Leader said the scheme was for the provision of much needed affordable housing and that any further requirements could have an adverse effect on this. Councillor TW Hunt was of the opinion that there was good visibility in both directions and that although there were plusses and minuses to the proposal, on balance it should be approved.  Having carefully considered all the aspects regarding the application, the Sub-Committee concurred with this view.

RESOLVED:

1.      That the Head of Legal and Democratic Services be authorised to complete a planning obligation agreement under Section 106 of the Town and Country Planning Act 1990, as set out in the draft Heads of Terms in the report of the Head of Planning Services, and deal with other any other appropriate and incidental terms, matters or issues;

2.      Upon completion of the abovementioned planning obligation, Officers named in the Scheme of delegation be authorised to issue planning permission subject to the following conditions:-

3.      A01 (Time limit  ...  view the full minutes text for item 112.

Change of use from warehousing / storage to distillery and biofuels plant.  Erection of tower on building to house distillery column.  Clad lean-to at NE side of building.  New access road.

Ward: Bromyard

The Principal Planning Officer presented the following updates:

The Council’s Archaeological Advisor raises no objection to the proposal on the basis of the now complete archaeological report.

One further letter of objection has been received from a local resident and a petition containing 29 signatories.  Both refer to concerns about increased traffic movements and highway safety.

A detailed summary of a meeting of residents of Felton and Preston Wynne has also been received.  It again refers to matters of highway safety and traffic movements, but also questions the accuracy of the information provided by the applicant.

Reference is also made to a visitors centre and comparisons made to the centre at Weston’s Cider Visitor Centre at Much Marcle which attracts 45,000 visitors per year.

The summary also refers to the potential for further development of the site.

Officer’s Comments

Matters relating to highway safety and traffic movement have been referred to at some length in the original report and there is no additional comment to make in this respect. 

The accuracy of the information is not a matter previously raised.  It remains the opinion of Officers that the size of this proposal is self-limiting.  The perceived levels of traffic suggested by the objectors are not substantiated and do not appear to be based on the information contained within the application.  For example, the applicant advises of production levels of 3,600 bottles per week, yet the objectors surmise that it will generate movements of cars, vans and articulated lorries.

The application does not include the provision of a visitors centre and this would have to be the subject of a separate planning application that would, of course be considered on its own merits.  As stated in the report, the concerns relating to traffic movement seem to be based on the notion that the site will be developed further.

Conclusion

No change to the recommendation 

In accordance with the criteria for public speaking, Mr Roby of Felton Parish Council and Mr Westoby an objector acting on behalf of local residents spoke against the application; and Mr Baxter spoke in favour on behalf of the applicants.   

Councillors B Hunt and A Seldon felt that there was merit in holding a site inspection to gain a greater appreciation of the approach routes to the site.  The Sub-Committee agreed to this proposal.

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; and

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

Site for the erection of one bungalow for agricultural workers dwelling.

Ward: Bringsty

Councillor TW Hunt, the Local Ward Member, had concerns that there were a number of issues raised in the report about the application which required answering before it could be given proper consideration.  He therefore proposed that consideration of the application be deferred to enable all the facts to be obtained including further information regarding labour requirements and audited accounts.  The Sub-Committee concurred with this view.

RESOLVED:            That consideration of the application be deferred pending the receipt of the outstanding information about it from the applicants as set out above.

Change of use to A4.  Refurbishment of single storey extension at rear.  Demolish outbuilding and new rear extension.

Ward: Leominster South

In accordance with the criteria for public speaking, Mr Ayling spoke against the application and Mr Rimell the agent acting for the applicants, and Mr Goody a supporter, spoke in favour. 

Councillor P Jones was of the view that the revised scheme which incorporated the existing buildings would prove to be a considerable asset to the town but he had some concerns about the narrow access road to the rear of the premises which he felt to be unsuitable for delivery vehicles.  He therefore wondered if conditions could be imposed to require deliveries to be made from Corn Square.  The Sub-Committee discussed this aspect and the Development Control Manager said that it would be difficult to impose such a condition because the access road was not in the ownership of the applicants.  He suggested that attempts be made to negotiate a voluntary agreement and the Sub-Committee was in favour of this approach.

RESOLVED

That planning permission be granted subject to the following conditions, and that the Officers named in the Scheme of Delegation to Officers be instructed to conclude if possible, a voluntary agreement with the applicants not to use the rear access road for deliveries:-

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.       Before any work commences on site drawings showing the east and west elevations of the new development at its western end shall first be submitted to and be subject to the prior written approval of the local planning authority.

Reason: To ensure the development is satisfactory in appearance due to these elevations at that end not being submitted.

4.       Before any work commences on site details of the proposed boundary and surface treatments and also any parking/turning and landscaped areas within the site shall first be submitted to and be subject to the prior written approval of the local planning authority.

Reason: To protect the visual amenities of the area.

5.       No customer access to or from the site shall be allowed via the rear access track onto Church Street.

Reason: To define the terms to which this planning permission relates and to protect the residential amenities of nearby dwellings.

6.       F02 (Scheme of measures for controlling noise).

Reason: In order to protect the amenity of occupiers of nearby properties.

7.       Before any additional fixed ventilation, refrigeration or other noise penetrating plant is used on the premises, the applicant shall submit for the prior approval of the local planning authority a scheme of noise attenuating measures.  The approved scheme shall be implemented before the first use of the development to which it relates commences and shall be retained for the duration of use.

Reason: To safeguard amenity of the area.

8.       The utilisation of any outdoor areas for customer drinking and dining use shall not be permitted without the prior written approval of  ...  view the full minutes text for item 115.

Proposed two storey building adjacent to existing single storey wing to create new dwelling.

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.            Notwithstanding the details shown on the approved drawing and unless otherwise first agreed in writing by the Local Planning Authority the building shall be constructed in accordance with the following details:

(a)       The roof tiles shall be new double cambered clay tiles with hogs back ridges.

(b)       The timber frame shall be in oak and left a natural colour with off white lime washed lime rendered panels.

(c)     All new external doors and windows be made of oak.

(d)       The new skylights shall be conservation roof lights ie flush with the tiles with slender metal frames.

(e)       Rainwater goods shall be black cast iron or cast aluminium.

(f)     All new stone work shall be natural local stone laid in a traditional style similar to that on the existing building.

(g)       The existing slab/sub structure not proposed to be covered by the approved new building shall be removed as well as the whole of the existing red brick surround/base.

Reason: To safeguard the character, appearance and setting of this group of Listed Buildings.

3.      E16 (Removal of permitted development rights).

Reason: To ensure the character, appearance and spirit of the original conversion scheme is maintained.

4.      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.

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.

Informatives:

1.      N15 - Reason(s) for the Grant of PP.

2.      N03 - Adjoining property rights.

3.      N14 - Party Wall Act 1996.

4.         The applicant should be aware that this planning permission does not override any civil/legal rights enjoyed by adjacent property owners.  If in doubt the applicant is advised to seek legal advice on the matter

5.      N19 - Avoidance of doubt.

In respect of application no DCNC2007/2843/L that listed building consent be granted subject to the following conditions:

1.      C01

2.    Notwithstanding the details shown on the approved drawing and unless otherwise first agreed in writing by the Local Planning Authority the building shall be constructed in accordance with the following details:

(a)       The roof tiles shall be new double cambered clay tiles with hogs back ridges.

(b)       The timber frame shall be in oak and left a natural colour with off white lime washed lime rendered panels.

(c)     All new external doors and windows be made of oak.

(d)       The new skylights shall be conservation roof lights ie flush with the tiles with slender metal frames.

(e)       Rainwater goods shall be black cast iron or cast aluminium.

(f)     All new stone work shall be natural local stone laid in a traditional style similar to that  ...  view the full minutes text for item 116.

Proposed site for the erection of a 12,000 bird free range organic egg laying unit.

Ward: Hampton Court

The Principal Planning Officer presented the following updates:

Additional comments have been received from the Council’s Public Rights of Way Officer reinforcing the concerns relating to the proximity of the building to the public bridleway.  A request is made that the building and ancillary structures should be a minimum of 10 metres from the centre line of the bridleway.

Officer’s Comment

There is scope for the position of the building to be amended in order that it is further away from the bridleway.  It is considered that it could be moved by 5 metres and this would leave its rear elevation in the region of 10 metres from the bridleway as requested.  Any further would begin to compromise the landscape impact of the building as the benefit that the contours of the land offer would be lost to a degree.

Conclusion

That a condition is added relating to the slab level of the building (F48)

In accordance with the criteria for public speaking, Mr Miles spoke against the application. 

RESOLVED

That the Officers named in the Scheme of Delegation to Officers be authorised to approve the application, subject to the location of the building being moved a further five metres from the public bridleway and 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.      B08 (Dark roof colouring (agricultural buildings)).

Reason: To protect the visual amenities of the area.

3.      B10 (Details of cladding (agricultural and industrial buildings).

Reason: To minimise the visual impact of the development.

4.            Details of the colour and specification of the feed bins shall be submitted to and agreed in writing by the local planning authority before development commences.

Reason: To minimise the visual impact of the development.

5.      F18 (Scheme of foul drainage disposal).

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

6.      F32 (Details of floodlighting/external lighting).

Reason: To safeguard local amenities.

7.            F48 (Slab levels)

Reason: to define the permission and ensure the development is appropriate to the site.

8.      Prior to the commencement of development, a scheme for the disposal of dead birds shall be submitted to and approved in writing by the local planning authority.  The scheme approved shall be subsequently implemented and permanently retained unless otherwise agreed in writing by the local planning authority.  The details to be included in the scheme will relate to:

specification and details of manufacturer of any incinerator

          Location of any incinerator

          Hours of use of incinerator

          Details of the storage of fallen stock/ prior to incineration or collection

Reason: To protect the amenity of nearby properties and prevent pollution.

8.      Prior to the commencement of development, a scheme for the disposal of poultry litter and waste shall be submitted to and approved in writing by the local planning authority.  The scheme approved shall be subsequently implemented and permanently retained unless otherwise agreed in writing by  ...  view the full minutes text for item 117.

12th December, 2007

12th December, 2007

16th January, 2008

13th February, 2008

12th March, 2008

9th April, 2008

7th May, 2008