To receive apologies for absence.

Apologies were received from Councillors RBA Burke, P Jones CBE, RJ Phillips, RV Stockton and JK Swinburne.

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

GUIDANCE ON DECLARING PERSONAL AND PREJUDICIAL INTERESTS AT MEETINGS

The Council’s Members’ Code of Conduct requires Councillors to declare against an Agenda item(s) the nature of an interest and whether the interest is personal or prejudicial.  Councillors have to decide first whether or not they have a personal interest in the matter under discussion.  They will then have to decide whether that personal interest is also prejudicial.

A personal interest is an interest that affects the Councillor more than most other people in the area.  People in the area include those who live, work or have property in the area of the Council.  Councillors will also have a personal interest if their partner, relative or a close friend, or an organisation that they or the member works for, is affected more than other people in the area.  If they do have a personal interest, they must declare it but can stay and take part and vote in the meeting. 

Whether an interest is prejudicial is a matter of judgement for each Councillor.  What Councillors have to do is ask themselves whether a member of the public – if he or she knew all the facts – would think that the Councillor’s interest was so important that their decision would be affected by it.  If a Councillor has a prejudicial interest then they must declare what that interest is and leave the meeting room

There were no declarations of interest made.

To approve and sign the minutes of the meeting held on 13 February, 2008.

RESOLVED:   That the minutes of the meeting held on 13th February, 2008 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.

Proposed demolition and conversion of mill, construction of glass link and new works to form three storey double block and to create nine apartments and all associated works. 

Ward: Leominster South

Proposed demolition and conversion of mill, construction of glass link and new works to form three-storey double block and to create nine apartments and all associated works. 

Mr Pritchard, the applicant’s agent, had registered to speak and was present at the meeting, but decided not to speak.)

Councillor JP French expressed concerns similar to those of Leominster Town Council and the Leominster Civic Society outlined in the report, that the plans submitted in respect of the application were very unclear and possibly confusing for the public.  She added that no community facilities were included in the plans and this was not in keeping with other developments in the area.  She felt that there was merit in inspecting the site, on the grounds that the character and appearance of the development was a fundamental planning consideration, and the setting and surroundings of the building were fundamental to the determination of the application. 

RESOLVED:   that consideration of the application be deferred for a site inspection, and in order to obtain improved plans. 

Provision of new sports hall facility incorporating classrooms, parking, landscaping and highway improvements to the junction of Brockhill Road and Church Road.  

Ward: Hope End

Provision of new sports hall facility incorporating classrooms, parking, landscaping and highway improvements to the junction of Brockhill Road and Church Road. 

In accordance with the criteria for public speaking, Mr Ashton spoke on behalf of the parish council.  Mr Stevens and Mr Humphreys spoke in objection to the application and Mr Beese spoke in support.

The Principal Planning Officer stated that the proposed school improvement and highway upgrade were linked and that the application, which involved the introduction of a one-way traffic flow system, would secure significant improvements in highway safety.  The Area Engineer (Development Control) reported that alternative road systems has been assessed (for example, traffic lights or a roundabout), and that the current proposal presented the optimum solution in terms of accommodating the existing road network, road safety, simplicity and cost. 

Councillor TM James questioned the proposal to allow a vehicle to use the verge as a passing place and was assured by the planning officer that the part of the road in question was on highway land, and there was no legal issue.

In response to a further question by Councillor R Mills, the Principal Planning Officer said that there was some debate over the ownership of the grassed area to the south of the map, but that the application would have no notable impact upon it.  He also said that the installation of a roundabout would be inappropriate because there was not enough space, and the Highways Department were satisfied with the plans.

Having considered all the information surrounding the application, members felt that sufficient steps would be taken to ensure the safety of road users around the development, and agreed that planning permission should be granted.

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 -     No development shall commence until an arrangement, through an appropriate legal mechanism, has been made to secure the community use of the indoor sports hall and associated changing rooms hereby permitted.

         Reason: To ensure satisfactory quantity, quality and accessibility of compensatory provision, which secures community, use in accordance with Planning Policy Guidance Note 17.

3 -     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
• Written details and samples of all surfacing materials in relation to the vehicular means of access, turning / manoeuvring areas and car parking areas

         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 within the Conservation Area and the Area of Outstanding Natural Beauty in accordance with policies DR1, LA1 and HBA6 of the Herefordshire Unitary Development Plan 2007.  ...  view the full minutes text for item 166.

Proposed implements store incorporating bunkhouse accommodation at first floor level with ablutions, drying and common room on the ground floor.  

Ward: Ledbury

Proposed implements store incorporating bunkhouse accommodation at first floor level with ablutions, drying and common room on the ground floor.

In accordance with the criteria for public speaking, Mr Jolly spoke in support of the application.

The Principal Planning Officer emphasised that the development had the full endorsement of the Cultural Services Manager because it provided a unique facility for walkers and cyclists.

The Local Ward Member, Councillor PJ Watts, asked if the original building was different in size to the one in the plans and the Principal Planning Officer said that the original building was slightly smaller, and single-storey.  In response to a further question from Councillor Watts, the Principal Planning Officer confirmed that Condition 1 of the recommendation was reasonable in respect of the amount of days a person or group were allowed to occupy the accommodation.  Councillor Watts requested that the length of stay for an individual or group be cut from 28 to 14 consecutive days, and that in any one calendar year, they may occupy the accommodation for 100 instead of 156 days.  The Legal Practice Manager confirmed that this was a reasonable amendment.

In response to a question from another Local Ward Member, Councillor ME Cooper, the Principal Planning Officer assured the committee that enforcement officers would monitor the site carefully to ensure that the conditions were adhered to. 

RESOLVED:   That planning permission be granted subject to the following conditions:

1 -     The bunkhouse accommodation hereby permitted shall only be used for holiday purposes by tourists. No person or group of persons shall occupy the accommodation for more than 14 days consecutive days at a time and shall not occupy the accommodation for more than 100 days in any one calendar year.

         The owners/operators of the site shall maintain an up-to-date register of the names of all occupiers of the bunkhouse accommodation and of their main home address (i.e. place of residence) and shall make this information available at all reasonable times to the Local Planning Authority.

         Reason: To ensure that the development hereby permitted is used for the specific use applied for.

2 -     Within three months from the date of this permission full details of secure cycle parking storage facilities in accordance with the Herefordshire Council's 'Highway Design Guide for New Developments' shall be submitted to the Local Planning Authority for their written approval. The bunkhouse accommodation hereby permitted shall not be first occupied until such written approval has been obtained and the secure cycle parking storage facilities provided. Thereafter the secure cycle storage facilities shall be maintained.

         Reason: To ensure satisfactory access to modes of transport other than the private motor vehicle

INFORMATIVES

1 -     That part of the development that is used for the storage of machinery required to maintain the grounds of the holiday park is considered to comply with the provisions of the Development Plan. The bunkhouse accommodation is permitted contrary to the provisions of the Development Plan due to the identified need for such accommodation together with  ...  view the full minutes text for item 167.

Proposed change of use from ancillary accommodation into two self contained holiday units and installation of solar panels.  

Ward: Castle

Proposed change in use from ancillary accommodation into two self contained holiday units and installation of solar panels

The Senior Planning Officer updated the Committee that Eardisley Parish Council had responded in support of the applications.  In response to questions from some members, he said that officers had recommended refusal of the applications on two grounds, and in relation to the proposed solar panels on the roof, the Conservation Officer had advised that they would be detrimental to the setting of the Listed Building.  He added, however, that a refusal would also conflict with policies in respect of sustainability and energy conservation, and said that the Sub-Committee should consider both the need to protect listed buildings and the environmental policy surrounding the promotion of solar energy. 

Local Ward Member, Councillor JW Hope said that he did not agree with the recommendation that the application should also be refused because the access was below the recommended standard.  He was of the opinion that the visibility at the junction was much clearer than stated in the report.

Councillor JP French said that the Sub-Committee should approve the applications because the environmental benefits of the solar panels outweighed the negative impact on the building’s appearance.

Having considered all the information surrounding the applications, members agreed that planning permission be granted because they felt that both the access arrangements and the siting of the solar panels were insufficient reasons for refusal.

RESOLVED:  

That(i) The Northern Area Planning Sub-Committee is minded to approve the applications, subject to any conditions and agreements considered necessary by officers, provided that the Head of Planning Services does not refer the applications to the Planning Committee;

                        (ii) If the Head of Planning Services does not refer the applications to the Planning Committee, Officers named in the Scheme of Delegation to Officers be instructed to approve the applications, subject to such conditions and agreements referred to above. 

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

Proposed wood burning oven, flue and replacement roof lights (retrospective). 

Ward: Mortimer

Proposed wood burning oven, flue and replacement roof lights (retrospectively)

The Senior Planning Officer reported the following updates:

·         The applicant has submitted amended plans indicating an increase in height of the flue pipe by 1 metre.  The Council’s Environmental Health Manager considers that this increase in height will disperse odours to a sufficient extent that there would be no objection on environmental health grounds.

·         The increase in height will make the chimney more conspicuous at the rear of the main building, but this impacts primarily on private rather than public views.  Revised conditions are proposed to ensure the implementation of the revised scheme and a suitable matt colour finish to the flue.

The Senior Planning Officer said that, following the receipt of the above information, the recommendation would be amended as follows:

·         Planning permission be granted subject to the following conditions:

1.         The flue hereby permitted shall be installed in accordance with the amended plans received on 11^th March 2008 and condition 2 below within 30 days of the date of this decision notice, unless otherwise previously agreed in writing by the local planning authority.

2.         The flue pipe to be installed shall be finished in a matt colour to be approved beforehand in writing by the local planning authority. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) (or any order amending and re-enacting that Order with or without modifications) the flue shall not be painted in a different colour or finish from that approved under this condition.

In accordance with the criteria for public speaking, Mr Hopkinson spoke in objection to the application, and Mr Jolly spoke in support.

The Local Ward Member, Councillor LO Barnett, expressed concern that the test carried out by the Environmental Health Department may not have considered the prevailing wind direction on the day in question.

The Senior Planning Officer said that the Environmental Health Officer, with reference to the amended plans, was completely satisfied that the flue would not cause the release of excessive emissions to surrounding properties.

In response to further questioning, the Senior Planning Officer confirmed that the wood burner in question had capacity for only two logs, and so was unlikely to produce significant amounts of smoke. 

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

1 -     The flue hereby permitted shall be installed in accordance with the amended plans received on 11^th March 2008 and condition 2 below within 30 days of the date of this decision notice, unless otherwise previously agreed in writing by the local planning authority.

         Reason:  In order to protect the amenity of the surrounding area.

2 -      The flue pipe to be installed shall be finished in a matt colour to be approved beforehand in writing by the local planning authority. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) (or any order amending and re-enacting that Order with or without modifications) the flue  ...  view the full minutes text for item 169.

9th April, 2008

7th May, 2008

9th April 2008; 7th May 2008.