To receive apologies for absence.

Apologies were received from Councillors RBA Burke, JP French and B Hunt.

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.

The following declarations of interest were made:

To approve and sign the Minutes of the meeting held on 2 July 2008.

RESOLVED: that the Minutes of the meeting held on 2 July 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 appeals for the northern area of Herefordshire

Proposed demolition of workshops and redevelop site for seven dwellings and car parking.

Proposed siting of three lodge units for holiday use together with access drive, car parking and sewage treatment plant.

Proposed siting of three lodge units for holiday use together with access drive, car parking and sewage treatment plant.

The Principal Planning Officer updated the Sub-Committee with a response received from, the Council’s Tourism Officer who had made the following comments:

Due to the large number of planning applications for the change of use, conversion and build of self-catering accommodation, it was deemed appropriate to conduct an assessment of trends of self-catering establishments in 2006 and run an annual occupancy survey. It was found that the occupancies for self-catering had fallen by 4%, with new starts fairing worst. With this year occupancy running at 52%, 9% down on 2005 figures. At the end of 2007 occupancy was running at 51%

I believe we have reached a tipping point for the "standard" self-catering establishments, however there is still scope in the consideration of planning applications. The development would need to be fully compliant with wheelchair access to comply higher than level 1 or level 2 of the National Accessibility Scheme.

The Local Ward Member, Councillor RJ Phillips, expressed his support for the application. He considered that there was sufficient need for the development in the local area especially with regards to the need for accommodation generated by Shobdon Airport and tourism in the area. He said that large groups often took flying lessons and needed somewhere to stay and with the recent closure of three local bed and breakfast establishments he was aware of sufficient demand. He felt that the proposed scheme was relatively modest, would not be detrimental to the local landscape, and there would not be a significant increase in traffic movements. He was of the view that the development should remain for tourist use only and that it should not be allowed to become residential use in the future.  He suggested that this could be determined by an occupancy condition. He expressed the need for an ecological survey of the site to be carried out prior to development taking place and the planting of a hedge to screen the site and mitigate the negative appearance of the existing workshop buildings.

Others Members were in agreement with the Local Member, but the Southern Team Leader said that a full ecological survey might take some time to complete . He was of the view that if the Sub-Committee was mindful to grant permission, there was a need to include a condition that the units should have full access for wheelchair users and the Local Ward Member was agreeable to this.  He suggested that the matter should be deferred to enable all the outstanding issues to be addressed.  After some discussion the Committee concurred with the view of the Local Ward Member that the application should be granted subject to the conditions which had been identified and that the application should be referred back to the Sub-Committee if they could not be met by the applicants to the satisfaction of the officers.

RESOLVED:

That   (i)      The Northern Area Planning  ...  view the full minutes text for item 32.

Proposed erection of three dwellings with associated access and parking.

Proposed erection of three dwellings with associated access and parking.

The Principal Planning Officer presented the following updates:

Firstly, an amended plan has been received detailing three off road parking spaces, and turning area for dwelling 1 as requested.

Secondly, the Councils Highway Engineer, in their consultation response, queried whether the applicants had a legal right of access to the site as Forest Road (leading to Larchlap / Forest Fencing) is not an adopted highway. Orchard Close, which runs off Forest road has been adopted and the public footpath along Forest Road (North side) up to no. 3 Orchard Close is also adopted.

This matter was queried with the applicants agent who has sent the Local Planning Authority a copy of a letter from Herefordshire Councils Legal and Democratic Services at the time that they purchased the site from the Council. This letter states:

Although there is no definitive evidence as to the existence of highway rights over the road the Council believed that at least the first length, to the entrance of Orchard Close, must be considered highway, otherwise access to the close would be over private road. The Councils view is that the entire road is likely to be public highway having satisfied the conditions of Section 31 of the Highway Act 1980 i.e it is deemed to have been dedicated as highway if enjoyed by the public for twenty years or more, as of right and without interruption.

On this basis, I am satisfied that this matter has been explored and that the provision of off road parking spaces provided to each dwelling is sufficient to meet the policies of the Herefordshire Unitary Development Plan (2007). The onus will be on the applicant to ensure that legal rights of access are formally obtained and this is not a matter that can be controlled through this permission.

The Local Ward Member, Councillor JW Hope MBE said that he would like any monies paid under a section 106 agreement to be used for projects within Eardisley and proposed that the application be approved.

The Principal Planning Officer said that an the requirement for the payment of a 2% surcharge would also need to be included in the draft heads of terms agreement to help towards meeting the costs of a Section 106 Monitoring Officer.

In response to a question from a Member on the likelihood of flooding, the Principal Planning Officer informed the Sub-Committee that the Environment Agency was satisfied that the development would not be prone to flooding.

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          B02 (Development in accordance with approved plans and materials)

Reason: To ensure adherence to the approved plans and to protect the general character and amenities of the area in accordance with the requirements of Policy DR1 of Herefordshire Unitary Development Plan.

3          B07 (Section  ...  view the full minutes text for item 33.

Erection of new house and ancillary garage.

Erection of new house and ancillary garage.

The Local Ward Member Councillor KG Grumbley spoke in support of the application. He emphasised that any money raised from a section 106 agreement should be used to widen and strengthen the road outside the parish hall, as suggested by the Parish Council. He requested that paragraph one of the draft heads of terms agreement should be amended to allocate the money to the project mentioned previously.

Members agreed that any monies raised under a section 106 agreement should be deployed in the application area wherever possible. The Principal Planning Officer informed the Sub-Committee about the procedure involved regarding contributions obtained under Section 106 agreements and the purposes they could be used for. He advised that in this instance contribution had been voluntarily by the applicant.  The Sub-Committee therefore agreed that the request made by the parish council and the Local Member should be granted and that part of the contribution money could go towards meeting the costs of the requested work.

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          B03 (Amended plans)

Reason: To ensure the development is carried out in accordance with the amended plans and to comply with the requirements of Policy DR1 of Herefordshire Unitary Development Plan

3          B07 (Section 106 Agreement)

Reason: In order to provide [enhanced sustainable transport infrastructure, educational facilities, improved play space, public art, waste recycling and affordable housing] in accordance with Policy DR5 of the Herefordshire Unitary Development Plan 2007.

4          C01 (Samples of external materials)

Reason: To ensure that the materials harmonise with the surroundings so as to ensure that the development complies with the requirements of Policy DR1 of Herefordshire Unitary Development Plan

5          G09 (Details of Boundary treatments)

Reason: In the interests of visual amenity, to ensure the development has an acceptable standard of privacy and to conform to Policy DR1 of Herefordshire Unitary Development Plan.

6          G10 (Landscaping scheme)

Reason: In order to maintain the visual amenities of the area and to conform with Policy LA6 of Herefordshire Unitary Development Plan.

7          G11 (Landscaping scheme - implementation)

Reason: In order to maintain the visual amenities of the area and to comply with Policy LA6 of Herefordshire Unitary Development Plan.

8          H01 (Single access - no footway)

Reason: In the interests of highway safety and to conform with the requirements of Policy DR3 of Herefordshire Unitary Development Plan

9          H04 (Visibility over frontage)

Reason: In the interests of highway safety and to conform with the requirements of Policy DR3 of Herefordshire Unitary Development Plan.

10        H05 (Access gates)

Reason: In the interests of highway safety and to conform with the requirements of Policy DR3 of Herefordshire Unitary Development Plan

11        H06 (Vehicular access construction)

Reason: In the interests of highway safety and to conform with the requirements of Policy DR3 of Herefordshire Unitary  ...  view the full minutes text for item 34.

27 August 2008

27 August 2008