Agenda, decisions and minutes

Venue: Herefordshire Council Offices, Plough Lane, Hereford, HR4 0LE

Contact: Matthew Evans, Democratic Services Officer 

Link: Watch this meeting live on the Herefordshire Council Youtube Channel

Items
No. Item

35.

APOLOGIES FOR ABSENCE

To receive apologies for absence.

 

Minutes:

Apologies for absence were received from Councillors John Hardwick and Tony Johnson.

36.

NAMED SUBSTITUTES (if any)

To receive details of any Member nominated to attend the meeting in place of a Member of the Committee.

Minutes:

Councillor David Summers acted as a substitute for Councillor John Hardwick.

37.

DECLARATIONS OF INTEREST

To receive declarations of interests in respect of Schedule 1, Schedule 2 or Other Interests from members of the committee in respect of items on the agenda.

Minutes:

Councillor Jeremy Milln declared an other interest in respect of agenda item no. 7, application 214270, Land South West of Roman Byre; the applicant and one of the objectors were known associates.

38.

MINUTES pdf icon PDF 512 KB

To approve the minutes of the meeting held on 31 August 2022.

Minutes:

RESOLVED:  That the minutes of the meeting held on 31 August 2022 be approved.

39.

193042 - LAND NORTH AND SOUTH OF GRAFTON LANE, HEREFORD, HR2 8BJ pdf icon PDF 2 MB

Outline application for residential development (with all matters reserved except for access), footway/cycleway and vehicle turning head, stopping up and re-routing of a short section of Grafton Lane, near the A49, public open space, landscaping and associated infrastructure works (AMENDED PLANS and ADDITIONAL SUPPORTING DOCUMENTS).

Decision:

Application approved in accordance with the case officer’s recommendation.

Minutes:

(Councillor Paul Rone left the committee to act as local Ward member for the next application.)

 

The planning officer gave a presentation on the application and updates/representations receivedfollowing the publication of the agenda as provided in the update sheet and appended to these minutes.

 

In accordance with the criteria for public speaking Mr Ben Doouss and Mr George Hardy, local residents, spoke in objection to the application and Mr Rob Davies, planning agent, spoke in support.

 

In accordance with the council's constitution the local ward member spoke on the application. In summary, he explained that the application had been amended with the reduction in the number of houses proposed which reduced the impact of the development on the Hereford city skyline. The application met a need for housing close to Hereford City. When the site had been initially proposed it was intended to be supported through the infrastructure of the southern Link Road. Since the cancellation of that scheme the impact of the application will see an increase in traffic at an already busy location. There had been no objections from statutory consultees but it was important the application was acceptable from a highways perspective. The walking route to the site proposed in the application along the A49 was overgrown. It was noted that buses would serve the development and there were good facilities for children proposed on site. The developer contributions arising from the site were welcomed however it was noted that the proposed allocation of the contributions were to projects outside of the ward where the application site was located. It was important that the homes were future proofed against rising energy costs. The impact of the development on existing properties, currently in open countryside, was raised.

 

The committee debated the application.

 

The local ward member was given the opportunity to close the debate.

 

A motion that the application be approved in accordance with the case officer's recommendation was proposed by Councillor Mark Millmore and seconded by Councillor Polly Andrews.

 

The motion was put to the vote and was carried by a simple majority.

 

RESOLVED – that subject to either the completion of a Section 106 Town & Country Planning Act 1990 obligation agreement in accordance with the Heads of Terms stated in the report, or a condition requiring the completion of an agreement prior to the commencement of development, officers named in the Scheme of Delegation to Officers are authorised to grant Outline planning permission, subject to the conditions below and any other further conditions (or amendments) considered necessary.

 

1.         Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

 

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

 

2.         The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of the approval  ...  view the full minutes text for item 39.

40.

214270 - LAND SOUTH WEST OF ROMAN BYRE, HEREFORDSHIRE pdf icon PDF 895 KB

Proposed single storey dwelling ('Pippin Grange') and ancillary outbuildings. To include renewable technologies, reinstatement of heritage orchard and biodiversity enhancements.

Decision:

Application refused in accordance with the case officer’s recommendation.

Minutes:

The planning officer gave a presentation on the application and the updates/representations received following the publication of the agenda as provided in the update sheet and appended to these minutes.

 

In accordance with the criteria for public speaking Mrs Hardy spoke on behalf of Callow and Haywood Group Parish Council, a statement was read on behalf of Mr Priddle, a local resident, in objection to the application and Mr Sharp, the applicant, spoke in support.

 

In accordance with the council's constitution the local ward member spoke on the application. In summary she provided an overview of the application and the proposal. In addition she provided a summary of the detail of the representations that had been received on the application. A number of representations had praised the design of the development however objectors had not considered it suitable in the open countryside. There had been a difference of opinion concerning the application of CH9 in the neighbourhood development plan and whether the development met the requirements of that policy. The proximity of Haywood Lodge and the impact of the application on this heritage building had been referenced in representations. The additional access onto Haywood Lane had also been raised in representations.

 

The committee debated the application.

 

The local Ward member was given the opportunity to close to debate.

 

A motion that the application be refused in accordance with the case officer’s recommendation was proposed by Councillor Sebastian Bowen and seconded by Councillor Mark Millmore. The motion was put to the vote was carried by a simple majority.

 

RESOLVED – that planning permission be refused for the following reasons:

 

1.

The application site lies outside of any settlement formally identified as being appropriate for residential development and therefore development of the site would undermine the spatial strategy of the development plan at a time when the Council can demonstrate a sufficient supply of housing land and at a Parish level when it can be demonstrated that housing delivery is exceeding growth targets. Accordingly the scheme is contrary to Herefordshire Local Plan – Core Strategy Policies RA2 and RA3 and Callow and Haywood Neighbourhood Development Plan Policy CH9.

 

2.

In the absence of sufficient information with regards to how the proposed drainage arrangements would be delivered, the local planning authority is unable to establish if there is a suitable policy compliant sustainable foul and surface water drainage solution. As such the proposal fails to protect the integrity of the SAC and does not comply with Policies SD3, SD4 or LD2 of the Herefordshire Local Plan - Core Strategy.

 

3.

 

 

 

 

 

 

 

 

 

4.

Development of the site has been demonstrated to fail to preserve aspects of setting which contribute positively to the significance of adjacent heritage assets, without clear and convincing justification for the identified harm. The proposal does not preserve or enhance positive local character and distinctiveness; does  ...  view the full minutes text for item 40.

41.

214073 - LAND ADJACENT TO ARROW LEA, EARDISLAND, LEOMINSTER, HEREFORDSHIRE, HR6 9BU pdf icon PDF 648 KB

6 no. dwellings with garages.

Decision:

Application refused in accordance with the case officer’s recommendation.

Minutes:

The planning officer gave a presentation on the application and the updates/representations received following the publication of the agenda as provided in the update sheet and appended to these minutes. 
 
In accordance with the criteria for public speaking Ms Connop, spoke on behalf of Eardisland Parish Council, Mr Kirby, local resident, spoke in objection to the application and Mr Smyth spoke in on behalf of the applicant, in support. 
 
In accordance with the Council's constitution the local ward member provided a statement to be read to the committee. In summary he explained that the matter had been referred to the planning committee due to the large number of comments and objections from the community. The village and surrounds of Eardisland were in a floodplain with a high water table and no mains sewage system. Given the circumstances of the application it would be useful to establish a policy determination of the planning authority. 
 
The committee debated the application. 
 
A motion that the application be refused in accordance with the case officer’s recommendation was proposed by Councillor Sebastian Bowen and seconded by Councillor Elizabeth Foxton. The motion was put to the vote and was carried unanimously.
 



RESOLVED – That planning permission be refused for the following reasons:

1.

The application fails to adequately demonstrate that the proposed means of waste water disposal adequately protects the water quality of the River Wye Special Area of Conservation (a European Site, ‘National Network Site’ or ‘Higher Status’ nature conservation site), contrary to Policies SS1, SS6, LD2 and SD4 of the Herefordshire Local Plan – Core Strategy, Policies E1(k) and E9(h) of the Eardisland Neighbourhood Development Plan 2016, the Conservation of Habitats and Species Regulations 2017, the National Planning Policy Framework and the Natural Environment and Rural Communities Act 2006.  

 

2.

The proposed development would, by virtue of its location, siting, density, massing, scale and layout, urbanise the rural setting of Eardisland village and be out of keeping with the established settlement pattern, detrimental to local landscape character, contrary to Policies SS6, SD1, LD1 and RA2 of the Herefordshire Local Plan - Core Strategy, Policies E1, E3 and E9 of the Eardisland Neighbourhood Development Plan 2016, and the National Planning Policy Framework

 

3.

The proposed development would, by virtue of its location, siting, density, massing, scale and layout, urbanise the rural setting of the Eardisland Conservation Area, detrimental to the significance of the designated heritage asset, contrary to Policies SS6 and LD4 of the Herefordshire Local Plan - Core Strategy, and Policy E2 of the Eardisland Neighbourhood Development Plan 2016.  The scheme’s public benefits would not outweigh the identified heritage harm, taking into account the statutory duties under section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 and the weight to be afforded to the asset’s conservation as set out in the National Planning Policy Framework

 

4.

With a clear priority being given to pedestrians and cyclists at a national level, a failure to provide an appropriate link for them to  ...  view the full minutes text for item 41.

42.

Appendix to the minutes - Schedule of updates pdf icon PDF 2 MB