To receive apologies for absence.

Apologies were received from Councillors Graham Andrews and Graham Jones.

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

Councillor Bowen substituted for Councillor Graham Andrews.

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.

Agenda item 8: 201738 – The buildings at Tretawdy Nature Reserve, Llangrove

Councillor Fagan declared an other declarable interest as a member of the Herefordshire Wildlife Trust.  She left the meeting for the duration of this agenda item.

Councillor Swinglehurst declared that she was a member of the Herefordshire Wildlife Trust but noted that she was present to fulfil the role of local ward member.

To approve and sign the minutes of the meeting held on 2 December 2020.

RESOLVED:   That the minutes of the meeting held on 2 December be approved as a correct record.

To receive any announcements from the Chairperson.

None.

Proposed erection of 5 no. Dwellings and associated works.

The application was approved in accordance with the Case Officer’s recommendation with an additional condition.

(Proposed erection of 5 no. Dwellings and associated works.)

The Senior Planning Officer gave a presentation on the application, and updates/additional representations received following the publication of the agenda were provided in the update sheet, as appended to these minutes.

He reported that Natural England had confirmed they had no objection to the submitted Habitat Regulations Assessment (HRA) Appropriate Assessment.  The wording of the recommendation had been amended accordingly.  He confirmed an amendment to this wording in that the application was for full planning permission, not outline.  He also noted that Marden Parish Council had submitted a reviewed draft Neighbourhood Development Plan (NDP).  This was at Regulation 14 stage and could be afforded limited weight.

In accordance with the criteria for public speaking for virtual meetings the following spoke at the meeting as virtual attendees:  Mr R Lees of Marden Parish Council, who spoke in objection to the scheme, Mr M Britten, a local resident, speaking in objection; and Mr S Rhodes, the applicant, and Mr M Tompkins the applicant’s agent speaking in support of the application.

In accordance with the Council’s Constitution, the local ward member, Councillor Guthrie, spoke on the application.  She spoke in opposition to the application citing a number of policy grounds for refusal including provisions within the Marden Neighbourhood Development Plan (NDP).

The Committee discussed the application.

The Lead Development Manager clarified that two previous applications on the site that had been refused had been considered under the provisions of the former Unitary Development Plan to which the proposals were contrary. That Plan had now been superseded by the Core Strategy which identified Litmarsh as a location suitable for housing development. He reiterated that the Marden NDP could only be afforded limited weight. He did not consider that there were grounds to refuse the proposal on drainage, design or highways matters.  He suggested there should be an additional condition relating to rainwater collection.

The local ward member was given the opportunity to close the debate.  She reiterated that she considered there were policy grounds for refusal.

A motion to refuse the application was lost.

A motion to defer the application was lost.

A motion to approve the application was then carried on the Chairperson’s casting vote.

RESOLVED (on the Chairperson’s casting vote): That planning permission be granted subject to the following conditions, an additional condition relating to rainwater collection, and any other further conditions considered necessary by officers named in the scheme of delegation to officers:

1.         C01 - Time limit for commencement (full permission)    

2.         C07 - Development in accordance with approved plans and materials

3.         C13 - Samples of external materials

4.         CBK - Restriction of hours during constructionHours of construction

5.         C58 - Domestic use only of garages

6.         C68 - Obscure glazing to windows

7.         CAB - Visibility splay required (2.4m x 71m)

8.         CAE - Vehicular access construction

9.         CB2 - Secure covered cycle parking provision

10.       CK3 - Landscape scheme

11.       CK4 - Landscape maintenance plan

12.       CE6 -  ...  view the full minutes text for item 55.

Proposed erection of 2no. Dwellings with garaging.

The application was approved in accordance with the Case Officer’s recommendation.

(Proposed erection of 2no. Dwellings with garaging.)

The Senior Planning Officer gave a presentation on the application.

In accordance with the criteria for public speaking for virtual meetings the following spoke at the meeting as virtual attendees: Mr R Lees of Marden Parish Council, who spoke in objection to the scheme, and Ms K Saunders who spoke in support of the application on behalf of the applicant.

In accordance with the Council’s Constitution, the local ward member, Councillor Guthrie, spoke on the application.  In summary, she commented that the site was close to the site of application 201300, the previous application on the agenda, and there were similar issues of concern including conflict with the Neighbourhood Development Plan.  However, there were also other elements to take into consideration including local support from local residents.  Two previous applications on the site had been approved.

The Committee discussed the application.

The local ward member was given the opportunity to close the debate.  She had no additional comment.

RESOLVED: That outline planning permission be granted subject to the following conditions and any other further conditions considered necessary by officers named in the scheme of delegation to officers:

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 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 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

4          Plans and particulars of the reserved matters referred to above relating to the layout, scale, appearance and landscaping shall be submitted in writing to the local planning authority and shall be carried out as approved.

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

5          C06 – Development in accordance with the approved plans

6          C13 – Materials

7          CCK – Details of slab levels

8          No development shall commence until the Developer has prepared and agreed a scheme for the comprehensive and integrated drainage of the site showing precisely how foul water will be dealt with; this shall be inline with the drainage report by Exploration & Testing Associates dated 30/06/2020 with all foul water shall discharge through new plot-dwelling specific package  ...  view the full minutes text for item 56.

Proposed development of the conversion of two small redundant barns into a luxury 6-8-person holiday let.   

The application was refused contrary to the Case Officer’s recommendation.

(Councillor Fagan left the meeting for the duration of this agenda item.) 

The Planning Officer gave a presentation on the application, and updates/additional representations received following the publication of the agenda were provided in the update sheet, as appended to these minutes.

In accordance with the criteria for public speaking for virtual meetings the following spoke at the meeting as virtual attendees:  Mr P Lodge of Llangarron Parish Council, who spoke in objection to the scheme, Mr C Lyster, a local resident, speaking in objection; and Mr J Hitchcock speaking in support, on behalf of Herefordshire Wildlife Trust the applicant,

In accordance with the Council’s Constitution, the local ward member, Councillor Swinglehurst, spoke on the application.  In summary, she commented that there was considerable local opposition to the proposal, the consideration of which involved striking a balance between economic gain and the environmental cost. She considered that there were a number of objections to the proposal including that the local road network and the access to the site were inadequate for what would be a car dependent development making the proposal contrary to policy MT1; the existing buildings would not be capable of conversion without major reconstruction making the proposal contrary to policy RA5; the potential to support the local economy was limited; and there would be an adverse effect on the amenity of a neighbouring property; the design entailed a lot of glazing that would introduce light pollution; and the proposal would be contrary to policy LD2 (c) in that it would harm the nature conservation value of the site or species of local nature conservation interest.  Any economic benefit would be limited.

The Committee discussed the application.

The Lead Development Manager commented that he considered it to be a well-designed proposal for modest holiday use.  If the proposal were to be approved he suggested an additional condition relating to refuse collection.

The local ward member was given the opportunity to close the debate.  She reiterated that there would be limited economic benefit to the local economy and this could not weigh heavily in the planning balance against the extent of the works that would be required to achieve the conversion of the existing buildings.  She considered the grounds for refusal she had outlined, MT1, RA5 and LD2 stood.

The Lead Development Manager expressed reservations about advancing policies MT1 and LD2 as grounds for refusal given the consultation responses from officers set out in the report. Policy RA5 offered the most appropriate ground for refusal but he also had concerns about this given the views set out in the report.

A motion that the application be refused contrary to the officer recommendation on the grounds that the development was contrary to policies RA5, MT1 and LD2was carried.

RESOLVED:  That planning permission be refused on the grounds that the development was contrary to policies RA5, MT1 and LD2 and officers named in the Scheme of Delegation to officers be authorised to detail the reasons put forward for refusal by  ...  view the full minutes text for item 57.

Date of next site inspection – 12 January 2021

Date of next meeting – 13 January 2021

Noted.