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

13.

APOLOGIES FOR ABSENCE

To receive apologies for absence.

Minutes:

Apologies were received from Councillor Dan Powell and Councillor Diana Toynbee.

 

Councillor Jacqui Carwardine gave her apologies as local ward member for application 223281.

 

Councillor Ellie Chowns gave her apologies as local ward member for application 231926.

 

14.

NAMED SUBSTITUTES (if any)

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

Minutes:

There were no substitutes.

15.

DECLARATIONS OF INTEREST

To receive declarations of interests in respect of items on the agenda.

Minutes:

There were no declarations of interest.

16.

MINUTES pdf icon PDF 11 MB

To approve the minutes of the meeting held on 26 July 2023.

Minutes:

RESOLVED:  That the minutes of the meeting held on 26 July be approved.

 

 

Councillor Terry James left the chair of the committee and left the committee to act as the local ward member for the following application.

 

Councillor Clare Davies assumed the chair of the meeting.

17.

181494 - LAND ADJACENT TO SPRING COTTAGE, HEADBROOK, KINGTON, HR5 3DY pdf icon PDF 771 KB

Proposed land for residential development and associated work together with public open space and local green space.

Additional documents:

Decision:

Application approved, contrary to the case officer’s recommendation.

Minutes:

The Principal 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 Mr Fitton, spoke on behalf of Kington Town Council, Ms Rush, local resident, spoke in objection to the application and Mr Turner, the applicant, spoke in support.

 

In accordance with the council's constitution the local ward member spoke on the application. He explained that the application had been approved by committee in 2018 and the only significant change since that time had been the county meeting its 5 year land housing supply target. The town of Kington had an undersupply of housing for a working town and it was difficult to find appropriate sites for development in the town. The proposed development was not on the floodplain, was an accessible site and would provide affordable housing for working people in Kington. If the application was refused, the decision would be difficult to defend at appeal as the committee would overturn a previous decision when there had been little change to circumstances.

 

The committee debated the application. During consideration of the application the committee raised the following principal points:

 

- The approval of the application at committee in 2018.

- That careful consideration needed to be given to environmental constraints, in particular the impact of the development on the landscape character and the conservation area.

- The location of the application site above the floodplain.

- The need for additional housing in Kington.

- The need for additional affordable homes in Kington to meet the need of the local population.

- The area of the meadow that would be open to the public would be a benefit to the local community and the public.

 

The local ward member was given the opportunity to close the debate. He explained that the benefits of application outweighed the dis-benefits.

 

A motion that the application be approved due to: the need for additional housing in Kington; the need for additional affordable housing in Kington; and the benefit to the public of opening the space on the meadow for public access, was proposed by Councillor Bruce Baker and seconded by Councillor Richard Thomas. The motion was put to the vote and was carried by a simple majority.

 

RESOLVED - That:

 

·         The application is approved due to: the need for additional housing in Kington; the need for additional affordable housing in Kington; and the benefit to the public of opening the space on the meadow for public access; and

 

·         Authority is delegated to officers to draft and impose conditions for the planning permission, in consultation with the chairperson and vice chairperson of the Planning and Regulatory committee.

 

There was an adjournment at 11:15 a.m.; the meeting reconvened at 11:30 a.m.

 

Councillor Terry James resumed the Chair and his seat on the committee..

 

Councillor Richard Thomas left the committee to act as the local ward member  ...  view the full minutes text for item 17.

18.

223281 - LAND AT ASHLEY FARM, GRAFTON COURT CLOSE, GRAFTON, HEREFORD, HEREFORDSHIRE, HR2 8BL pdf icon PDF 1 MB

Outline permission for proposed mixed use development to provide community hub with enhanced recreation facilities including a 3G pitch, car park and access roads, change of use of land from agricultural to allotments and productive gardens new buildings to provide changing facilities, classrooms, equipment storage, poly tunnels cafe and kitchen.

Decision:

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

 

Minutes:

The Development Manager Majors Team gave a presentation on the application.

 

In accordance with the criteria for public speaking Mr Kilby, the applicant’s agent, spoke in support of the application.

 

In accordance with the council's constitution the local ward member spoke on the application. He explained that he supported the application.

 

The committee debated the application. Support was expressed for 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 Polly Andrews and seconded by Councillor Catherine Gennard. The motion was put to the vote and was carried unanimously.  

 

RESOLVED - That:

 

Planning permission be granted subject to the following conditions and any other conditions considered necessary by officers named in the scheme of delegate to officers:

 

Standard Conditions / Reserved Matters submission requirements

 

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 of the last reserved matters to be approved, whichever is the later.

 

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

 

3

Approval of the details of the layout, scale, appearance and landscaping (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.

 

Reason: To enable the local planning authority to exercise proper control over these aspects of the development and to secure compliance with Policy SD1, LD1, LD2, LD3, MT1, SC1 of the Herefordshire Local Plan - Core Strategy and the National Planning Policy Framework

 

4.

The development shall be carried out strictly in accordance with the approved  plans:

 

·      Location Plan: HA 43595_PL_01_D

 

Reason. To ensure adherence to the approved plans in the interests of a satisfactory form of development and to comply with Policy SD1, LD1, LD2, LD3, MT1,of the Herefordshire Local Plan – Core Strategy [and the National Planning Policy Framework.

 

5.

The reserved matters submission relating to layout, scale, appearance and landscaping for the development (or phase) submitted pursuant to Condition 3 shall be accompanied by details relating to the of the ancillary farm shop / café and educational / skills facility as follows:

 

a)    Retail Floor Area

b)    Hours of opening

c)    Hours of Delivery

d)    Waste Management Arrangements

 

Reason: Reason: In order to allow further assessment of impacts of the proposed uses having regard to residential amenity, retail impact and highways safety having regard to policies SD1, MT1 and E5 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework. (to inform whether a sequential approach should not  ...  view the full minutes text for item 18.

19.

212518 - LAND SOUTH OF YEW TREE FARM, RUCKHALL, COMMON ROAD, EATON BISHOP, HEREFORD, HR2 9QX pdf icon PDF 529 KB

Reserved matters following outline approval 191541 (Outline for three or four bedroom dwelling on a plot of land currently part of Hillcrest's garden).

Additional documents:

Decision:

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

Minutes:

The The Senior Planning Officergave 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 Wall, local resident, spoke in objection to the application and Mr Pryce, the applicant's 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 deferred at the April meeting of the planning committee due to concerns regarding drainage on the site and a construction management plan for the site which was located in an inaccessible position along narrow lanes. It was explained that local residents maintained their objections to the development based on drainage issues due to flaws with the drainage solutions proposed. It was commented that there was no culvert at the entrance to the application site. It was noted that the local drainage engineer made objections previously to the proposals on site. The location of the application site in close proximity to a well was contrary to regulations managing foul water drainage close to sources of drinking water.

 

The committee discussed the application. It was noted that the application concerned reserved matters which did not include drainage and the local drainage engineer had raised no objection to the latest drainage solution proposed on the application site.

 

The The Senior Planning Officer provided clarification that:

 

-       He had seen photographic evidence from 2021 of a clay pipe culvert that ran adjacent to the site.

-       The local drainage engineer had no objection to the drainage strategy proposed for the site which would allow water generated by the development to be dealt with on site. The drainage solution proposed would not address existing problems in the area but would provide for drainage on the development.

-       With regards to the well at a nearby property Welsh Water had confirmed that a water supply was provided to the house.

-       It was explained that the current application was a reserved matters application. Drainage was a conditional matter which had been determined earlier during outline approval.

 

The local ward member was given the opportunity to close the debate. It was important that the development complied with all drainage conditions and took account of the potential future use of the nearby well. Access to the site was problematic and the site management plan needed to be properly enforced.

 

A motion that the application be approved in accordance with the case officer’s recommendation was proposed by Councillor Polly Andrews and seconded by Councillor Richard Thomas. The motion was put to the vote and carried unanimously.

 

RESOLVED – That:

 

That reserved matters approval be granted subject to the following conditions and any other conditions considered necessary by officers named in the scheme of delegation to officers:

 

1.

The development hereby approved shall be carried out strictly in accordance with the approved plans (drawing nos. YTF-PA-529601b; YTF-PA-5296-02d; YTF-PA-5296-03d;  ...  view the full minutes text for item 19.

20.

231926 - BARN AT WOOLNER HILL FARM, STONEHOUSE LANE, BRINGSTY, HEREFORDSHIRE pdf icon PDF 514 KB

Application for the prior approval of change of use of agricultural building to single dwelling.

Decision:

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

Minutes:

The Development Manager North Team gave a presentation on the application.

 

The committee debated the application.

 

A motion that the application be approved in accordance with the case officer’s recommendation was proposed by Councillor Bruce Baker and seconded by Councillor John Stone. The motion was put to the vote and was carried unanimously.

 

RESOLVED – That:

 

Prior Approval be granted subject to the following conditions (as required by the Town & Country (General Permitted Development) (England) Order 2015)

 

1.            Development under Class Q is permitted subject to the condition that development under Class Q (a) and under Class Q (b), if any, must be completed within a period of 3 years starting with the date of this permission.

 

Reason: In accordance with Condition (3) as outlined under Conditions of Class Q under Part 3 of Schedule 2 of The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended).

 

2.            The development shall be carried out strictly in accordance with the approved plans (drawing nos. 4439 (P) 001, 4439P (0) 106 & 4439 P (0) 107), except where otherwise stipulated by conditions attached to this permission.

 

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 the National Planning Policy Framework and to ensure compliance with the provisions of Class Q of Part 3 of the General Permitted Development Order.

 

INFORMATIVES:

 

1.

The applicant is advised that it in accordance with Regulation 75 of the Conservation of Habitats and Species Regulations 2017, as amended by the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019, it is a condition of any planning permission granted by a General Development Order that is likely to have a significant effect on a European site (either alone or in combination with other plans or projects), that works should not commence until the developer has received written notification of the approval from the local planning authority under Regulation 77. The applicant should therefore be satisfied before commencing works that the development will not have any likely effect on any European Site.  In addition, applicants are advised that they can , if they choose to, apply to Natural England as the appropriate Nature Conservation body, under Regulation 76 of Regulations (as amended) prior to making any necessary application to the Local Planning Authority under Regulation 75.

 

2.

The attention of the applicant is drawn to the provisions of the Wildlife and Countryside Act 1981 (as amended). This gives statutory protection to a number of species and their habitats. Other animals are also protected under their own legislation. Should any protected species or their habitat be identified during the course of the development then work should cease immediately and Natural England should be informed. They can be contacted at: Block B, Government Buildings, Whittington Road, Worcester, WR5 2LQ. Tel: 0300 060 6000.

 

The attention of the applicant is also  ...  view the full minutes text for item 20.

21.

DATE OF NEXT MEETING

Date of next site inspection – 5 September 2023

 

Date of next meeting – 6 September 2023

Minutes:

Noted.