To receive apologies for absence.

Apologies were received from Councillors LO Barnett, WLS Bowen, ME Cooper, P Jones CBE, and RJ Phillips.

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

There were no declarations of interest made.

To approve and sign the Minutes of the meeting held on 3 June 2009.

Councillor RC Hunt advised Members that he had asked for clarification as to whether a ICNIRP certificate had been issued for the antenna. Councillor JP French added that she had also requested that a benchmarking exercise be undertaken using results from a comparable antenna.

RESOLVED: That the minutes of the meeting held on 3 June 2009 be approved as a correct record and signed by the Chairman subject to the inclusion of the additional points raised above.

To be noted.

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

Proposed development of a household waste site to serve Kington and the surrounding area.

In accordance with the criteria for public speaking Mr Dudhill spoke in objection to the application and Mr Barber, the applicant, spoke in support.

Councillor TM James, the local ward member, noted the overwhelming support for the application from the local community. He noted that the applicants had held a two day consultation event at the Burton Hotel in Kington and that there had been no negative response during this time. He added that the local residents currently had to travel to Leominster to dispose of items which was not a satisfactory situation. He did however voice some concerns in respect of the opening hours and lighting, and asked that these aspects together with the landscaping issues be resolved in consultation with the Chairman and the local ward member. He congratulated the case officer on a thorough and balanced report and moved the recommendation.

Councillor JP French endorsed the comments in respect of the quality of the report and she also felt that it would be beneficial to consult with the chairman and local ward member in respect of the details regarding landscaping, lighting and times of operation.

RESOLVED

That, subject to receipt of satisfactory arrangements for surface and foul drainage to the site and in consultation with the Environment Agency and statutory sewerage undertakers, the officers named in the Scheme of Delegation to Officers be authorised to issue planning permission subject to the following conditions and any additional conditions considered necessary:

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 (Development in accordance with the approved plans )

Reason: To ensure adherence to the approved plans in the interests of a satisfactory form of development and to comply with Policy DR1 of Herefordshire Unitary Development Plan.

            Pre-commencment Requirements:

3          No development shall take place until a scheme and plans showing final details for all surface and foul drainage have been submitted to and approved in writing by the local planning authority.  This scheme shall include details of appropriate infrastructure, storage, filtering and interceptors and be generally in accordance with the details indicated by either Option 1 or Option 2 in the submitted Supporting Statement date stamped 27th April 2009, or such alternative scheme as may be prepared in consultation with and agreed by the Environment Agency, statutory sewerage undertakers, and/or the local authority Land Drainage Officer.  The agreed arrangements shall be installed and implemented in accordance with the approved details unless otherwise agreed in writing in advance by the local planning authority.

Reason: To prevent pollution of the water environment and to ensure compliance with the requirements of DETR Circular 03/99 and policies S2, DR1, DR4, DR6 and CF2 of the Herefordshire Unitary Development Plan 2007.

4          G04 (Protection of trees/hedgerows that are to be retained)

Reason: To safeguard the amenity of the area and to ensure that the development conforms with Policies DR1 and LA5 of Herefordshire Unitary Development Plan.  ...  view the full minutes text for item 15.

Proposed boarding kennels and cattery.

In accordance with the criteria for public speaking Mr Wall and Mr Dovey spoke in objection to the application, and Mrs Hooper, the applicant, spoke in support.

In response to comments raised by the public speakers, the Northern Team Leader advised that the issue of noise could be classed as a material planning consideration but he added that the Environmental Health Ffficer was satisfied that granting the application would not cause a noise nuisance to the neighbouring residents.

Councillor PM Morgan, the local ward member, felt that the Council should support farm diversification although she noted the concerns of the local residents in respect of noise issues on the site. She added that the traffic movements appeared to be low and that the Environmental Health Officer had not objected to the application. She noted that the application also included an acoustic wall, she felt that this together with the location of the kennels would alleviate any noise concerns to the local residents.

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 (Development in accordance with the approved plans)

Reason. To ensure adherence to the approved plans in the interests of a satisfactory form of development and to comply with Policy DR1 of Herefordshire Unitary Development Plan.

3          H03 (Visibility splays)

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

4          H06 (Vehicular access construction)

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

5          Before development commences a drawing scaled at 1:50 detailing the construction of the acoustic wall shall be submitted to and be approved in writing by the Local Planning Authority.

Reason:  In order to protect the amenity of occupiers of nearby properties so as to comply with Policy DR13 of Herefordshire Unitary Development Plan.

6          The building shall be enclosed with sound insulating materials in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority prior to the commencement of use hereby permitted.

Reason:  To safeguard the amenity of the area and to comply with Policy DR13 of Herefordshire Unitary Development Plan.

7          I24 (Standard of septic tank/soakaway system)

Reason: To prevent pollution of the water environment and to comply with Policy DR4 of Herefordshire Unitary Development Plan.

Informatives

1          HN01 - Mud on highway

2          HN05 - Works within the highway

3          HN28 - Highways Design Guide and Specification

4          N15 - Reason(s) for the Grant of Planning Permission

5          N19 - Avoidance of doubt - Approved Plans

Proposed use of yard at Knapp Farm for the storage and distribution of polytunnel components and other agricultural items ancillary to the permitted manufacturing process.

In accordance with the criteria for public speaking Mr Thwaites and Mr Mawby, two neighbouring residents, spoke in objection to the application and Mr Davison, the applicant, spoke in support.

Councillor PM Morgan, the local ward member, felt that a site visit may be beneficial for members. She therefore proposed a site visit on all three grounds.

The Principal Planning Officer confirmed that an application had been received for polytunnels on the site and felt that members may wish to view this application site at the same time.

RESOLVED

That consideration of the application be deferred for a site inspection for the following reasons:

• the character or appearance of the development itself is a fundamental planning consideration;

• a judgement is required on visual impact;

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

29 July 2009

29 July 2009.