To receive apologies for absence.

Apologies were received from Councillors ME Cooper, JP French, KG Grumbley, TW Hunt, P Jones CBE, R Mills and RJ Phillips.

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.

6.         DCNW2008/2075/F - LEMORE MANOR, EARDISLEY, HEREFORD, HR3 6LR (Agenda Item 6).

            Councillor PM Morgan; Personal.

To approve and sign the Minutes of the meeting held on 17 December 2008.

RESOLVED:   That the Minutes of the meeting held on 17 December 2008 be approved as a correct record and signed by the Chairman.

To be noted.

The Sub-Committee noted the Council’s current position in respect of planning appeals for the northern area of Herefordshire.

To be noted.

The Sub-Committee noted the Council’s current position in respect of section 106 agreements determined under delegated powers for the northern area of Herefordshire.

Members discussed Section 106 agreements and expressed their wish to see monies being spent in the vicinity of application sites. They also felt that local ward members should be consulted fully where an application requiring a section 106 agreement fell within their ward.

Change of use from Nursing Home to multi use venue, occasional erection of up to 10 marguees and variation of previous condition to allow occupation of The Coach House.

Change of use from Nursing Home to multi use venue, occasional erection of up to 10 marquees and variation of previous condition to allow occupation of The Coach House.

The Northern Team Leader reported the following representation from Herefordshire Nature Trust.

The Trust owns the northern section of Holywell Dingle Nature Reserve situated to the south, only a short distance from Lemore Manor. Concern expressed about previous levels of noise generated impacting upon wildlife, especially fireworks. Nocturnal species such as dormice, badgers bats and roosting birds susceptible to disturbance by spontaneous or prolonged noises and bright lights.

Particularly concerned about affect on lesser horseshoe bats, observed feeding within the dingle and may be summer residents at the manor. Whether successive and prolonged use of fireworks and/or shooting near to a bat roost or their habitat could result on prosecution under the Wildlife Act 1981, CROW Act 2000 or habitats directive is unknown.

Clarification from Natural England should be sought.

Trust recommends that permission should not be granted unless strict conditions can be imposed.

1.      prevent use of fireworks outside of normal bonfire night.

2.      prevent use of loudspeakers /pa in grounds or marquees.

3.      restrictions on loud music within the manor.

4.      no clay pigeon shooting.

5.      owners to liaise with HNT

6.      undertake bat survey at manor.

He also reported the receipt of a further letter signed by a number of local residents making the following additional points:

1.      site plan is inaccurate and misleading indicates ownership of track which is not in ownership and omits eco lodges. Also issue about rights over drive.

2.      Question whether use is C2 class, consider it to be C1 or sui generis.

3.      Question need for licences for music/alcohol.

In reference to the officer appraisal they commented that:

4.      noise has been an issue when owners have been resident.

5.      The change to condition ref the coach house only increases scope for nuisance and should not be removed.

6.      Safe zones for shooting can’t be achieved.

7.      If approved can condition be imposed to give warning to local residents of firework events.

8.      Self imposed 9.30 curfew on fireworks and loud music not observed.

In reference to a noise attenuation scheme they commented that:

9.      a noise limiter should be fitted at the venue.

10.  10 marquees will be intrusive probably during spring/summer months when residents more likely to want to have windows open and should be refused as noise cannot be contained sufficiently within.

The Northern Team leader reported the following comments contained within the committee updates sheet:

In addition to the description above the development also proposes the addition of a pitched roof to an existing stone store building. This has no impact on any local residents and is considered acceptable. It was unfortunately omitted due to the number of characters exceeding the capacity of the computer system.

The Council’s ecologist has responded with no objection to the proposal. However in light of yesterdays comments from HNT further advice has  ...  view the full minutes text for item 93.

11 February 2009

11 February 2009.