To receive apologies for absence.

Apologies were received from Councillors LO Barnett, WLS Bowen, RBA Burke, ME Cooper, Brig P Jones, RJ Phillips and K Swinburne.

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

Councillor Declared a prejudicial interest Agenda item 10, Minute 115  and left the meeting for the duration of the item

To approve and sign the Minutes of the meeting held on 14th November, 2007.

RESOLVED:            That the Minutes of the meeting held on 12th November, 2007 be approved as a correct record and signed by the Chairman, subject to the following:-

Minute 111 - DCNE2007/2801/F - Orchard Business Park, Bromyard Road, Ledbury  delete “The Senior Planning Officer said that the Officers had no objections 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" and replace it with "Consequently the Committee decided to delete he condition requiring the silos to be painted."

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 Colwall Cricket Ground, Colwall and determine whether to confirm the Order.

Ward: Colwall

The Senior Landscape Officer presented the report of the Head of Planning Services about the representations made in relation to the making of a provisional Tree Preservation Order upon trees in the grounds of Colwall Cricket Ground, Colwall.  He outlined the events which had led to the making of the Order in July 2007 and gave an appraisal of the importance of the trees to the landscape and setting of the area.

In accordance with the criteria for public speaking, Mr Lloyd, an objector, spoke against the application. 

It was noted that Mr Lloyd had said that as the owner of the land he could assure that the trees would not be removed and that he felt that the Order could be used as a reason for the new pavilion to be delayed by those who were opposed to it.  The Legal Practice Manager said that although this may be the intention of the current owner, the situation could change if the land was sold.  The making of the Order would, however, ensure that the trees were protected.  The Sub-Committee agreed with this view.

RESOLVED

THAT the Tree Preservation Order at Colwall Cricket Ground, Colwall be confirmed.

For:      Mr T Baldwin per Mr D Walters, David Walters, 27 Elizabeth Road, Kington, Herefordshire, HR5 3DB

Ward: Castle

The Principle Planning Officer said that amended plans had been received from the applicant in response to concerns expressed by Members and that the new proposals would overcome the problem of overlooking of the adjoining property.

RESOLVED

That planning permission be approved with 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.

Informatives:

1 -     N19 - Avoidance of doubt

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

For:      Mr J A Baxter, Tyrells Distillers Ltd., Tyrells Court, Stretford Bridge, Leominster, Herefordshire, HR6 9DQ

Ward: Bromyard

The Principle Planning Officer said that the application was deferred for a site visit at the last meeting to enable Members to make an assessment of the proposal and, in particular, its impact on highway safety and the surrounding road network.  He said that the applicants had submitted a further detailed statement prepared by a Planning Consultant which compared traffic movements on a monthly basis with the ADAS use of the site.  He provided the Sub-Committee with the following updates which had been received:-

Objections

A detailed letter has been received from Felton and Preston Wynne Association.  They comment that there has been limited public consultation and that the determination of the application is a ‘done deal’.

They comment that the fact and figures provided by the applicant are inaccurate and misleading and that they have informed the Planning Department of this fact.

In this respect they advise that contact was made with ADAS who confirmed that the number of employees at the site is normally a maximum of 19 on any one day.

They also comment that hardly any HGV traffic is generated by ADAS and that there are one or two open days per year.

The number of people to be employed by the proposal is also questioned, noting that there is no mention of staff working in the bio fuel plant or running the farm.  Mention is also made of the creation of a visitor centre and the traffic it would generate.

The letter then goes on to discuss the intent of the applicant to develop the site further in the future.

It then goes on to refer to the bio diesel plant and the fact that the comments in the agenda refer only to the distillery.

Finally the letter questions the reasoning for the proposed new access when there is no history of accidents along Rosemaund Drive.

A letter has also been received from Mr Westoby, Hollywell House, Church Lane Hampton Bishop.  He also queries the accuracy of the numbers of employees currently employed by ADAS.  He also comments that local landowners will not be willing to give up their land for the improvement of passing places as recommended by the Transportation Manager.

Support

Herefordshire and Worcestershire Chamber of Commerce have written in support of the application noting that the business has strong sustainable principles at its core.  It comments that the company is a leader in its field and that the proposal will contribute to the rural economy. 

It does not consider that the objections relating to traffic movements are substantiated and notes that the applicant is agreeable to the conditions regarding highway improvements that have been recommended.

Correspondence has been received from Mr John Hodge, a current ADAS employee at the Rosemaund site he comments that whilst ADAS were farming on the site there was a consistent flow of traffic onto the site regarding the movement of sheep and cattle and also some deer, as well as deliveries of farm inputs.  There were up  ...  view the full minutes text for item 125.

For:      D Sirrell and C. Morgan per Mr J.J. Rann J.J. Rann & Associates, The Wain House, Stretfordbury, Leominster, Herefordshire HR6 0QW

Ward: Leominster South

In accordance with the criteria for public speaking, Rann the agent acting on behalf of the applicant, 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 -     C04 (Details of window sections, eaves, verges and barge boards )

         Reason: To safeguard the character and appearance of the Conservation Area

4 -     C05 (Details of external joinery finishes )

         Reason: To safeguard the character and appearance of  the Conservation Area.

5 -     E16 (Removal of permitted development rights )

         Reason: In order that the local planning authority can consider the implications of any further development.

6 -     E18 (No new windows in specified elevation )

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

7 -     E19 (Obscure glazing to windows )

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

8 -     F16 (Restriction of hours during construction )

         Reason: To protect the amenity of local residents.

9 -     F17 (Scheme of foul drainage disposal )

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

10.   The scheme hereby approved shall be in lieu of the concurrent part of the scheme approved under application reference NC2005/3175/F, namely 4 office units, cottages 1, 2 & 3 and a maisonette, and shall otherwise be implemented in conjunction with the approved shop and two 2 bed flats of the same permission.

        Reason: In order to define the terms of this permission.

           Informative(s):

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

2 -     N19 - Avoidance of doubt

For:      Mrs J Turner per Stainburn Taylor Architects, Sear House, Bye Street, Ledbury, Herefordshire, HR8 2AA

Ward: Ledbury

RESOLVED

That planning permission be granted subject to the following conditions:

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

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

         [Note: Time limits can be varied - special reason to justify]

2 -     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.

         [Note: Time limits can be varied - special reason to justify]

3 -     Prior to the commencement of the hereby approved development, details of foul and surface water drainage will be submitted to the Local Planning Authority for written approval, and thereafter maintained as such.

         Reason: In order to ensure that satisfactory drainage arrangements are provided, in accordance with Herefordshire Unitary Development Plan (adopted 2007) policies S2, DR2, DR7 and H13.

4 -     Prior to the commencement of the hereby permitted development, full landscape details, including the treatment of the landscape buffer zone, (annotated with a cross hatch on the approved plans), shall be submitted in writing with appropriate scaled plans, to the Local Planning Authority, for written approval. Works shall be carried out in accordance with the approved landscaping plans in the first planting season following the completion of the development or prior to the occupation of the first dwelling, whichever is the sooner, and thereafter maintained as such.

         Reason: To ensure a satisfactory appearance to the development within the street scene, and safeguard the amenity of future occupiers of the residential development, and safeguard the vitality and viability of the established employment site, in accordance with Herefordshire Unitary Development Plan (adopted 2007) policies S1, S2, DR1, DR2, DR13, H1 and H13.

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

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

6 -     Prior to the commencement of the hereby-approved development, full written details and plans at a scale of 1:100, indicating parking provision, turning area, surfacing and drainage details shall be submitted to the Local Planning Authority for written approval and thereafter maintained as such.

         Reason: To ensure highway safety, the free flow of traffic, and the safety of pedestrians, in accordance with Herefordshire Unitary Development Plan (adopted 2007) policies S1, S2, S3, S6, DR1, DR2, DR3, H13, H16 and T8.

7 -     A04 (Approval of reserved matters )

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

         [Note: Delete reserved matters which are not applicable]

8 -     A05 (Plans and particulars of reserved matters )

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

         [Note: Delete reserved matters which are not applicable]

         [Note: Outline planning permissions will normally require conditions A02, A03, A04 and A05 to be imposed]

9 -     Where, during works on site, contamination is encountered which has not previously been identified and assessed in the preliminary risk assessment (received 2nd November  ...  view the full minutes text for item 127.

For:      Mr & Mrs R Taylor   Warren Benbow Architects 21 Mill Street Kington Herefordshire  HR5 3AL

Ward: Castle

The Principle Planning Officer reported on the following:-

The Environment Agency has further responded to the application requesting additional information on flood levels, for the whole of the site, to which additional information has been provided and a formal response from the Environment Agency is awaited.  Therefore in consideration of concerns raised by members of the public in respect of flooding on site, it is recommended that the application is delegated to the Head of Planning Services for approval and attachment of conditions as considered appropriate, subject to a satisfactory response received from the Environment Agency.

The Sub-Committee decided that the Officers be granted delegated authority to approve the application subject to imposing any appropriate conditions felt to be necessary arising from the views of the Environment Agency.

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 any conditions deemed to be necessary arising from the response of the Environment Agency, and subject to the following conditions and any conditions about landscaping felt to be appropriate:-

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 approved shall be used in relationship to overnight camping only and no caravan shall be allowed on site.

         Reason:  In the interests of the visual amenity of the surrounding area and in the interests of public highway safety.

INFORMATIVES:

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

2 -     N19 - Avoidance of doubt

For:      Mr L Roper per Mr R D Gurney, 56 Malvern Road, Powick, Worcester WR2 4RT

Ward: Bringsty

The Principle Planning Officer said that the application was deferred at the previous meeting for audited accounts to be submitted to the Council.  The accounts had been submitted and the Council’s Land Agent had found them to be satisfactory.  Councillor TW Hunt, the Local Ward Member, still had a number of questions about the application particularly regarding the realistic extent of the business and the need for a dwelling to support it on such a small site.  The Northern Team Leader suggested that consideration of the application be deferred again to enable the presentation of all of the relevant facts to support the proposals.  The Sub-Committee concurred with this view.

RESOLVED:            That consideration of the application be deferred pending the provision of further information in support of the business case for the application.

16th January, 2008

13th February, 2008

12th March, 2008

9th April, 2008

7th May, 2008

13th February, 2008

12th March, 2008

9th April, 2008

7th May, 2008