To receive apologies for absence.

Apologies for absence were received from Councillors PJ Dauncey, DJ Fleet and Brig P. Jones CBE.

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

Councillor Mrs M Lloyd Hayes was appointed named substitute for Councillor D.J. Fleet

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

Councillor Mrs MD Lloyd Heyes declared a personal interest in respect of agenda item No.s  17 & 18 (DCCE2005/0977/F - proposed development to provide 19 no. residential units, with associated garages and road/sewer infrastructure. Mill Court Village, Ledbury Road, Hereford & DCCE2004/3318/F - demolish existing rear part of building and construct new kitchen, stores and flat. 17/18 Commercial Road, Hereford) and left the meeting when the items were considered.

To approve and sign the Minutes of the meeting held on 3rd June, 2005.

RESOLVED:            That the Minutes of the meeting held on 3rd June, 2005 be approved as a correct record and signed by the Chairman.

To receive any announcements from the Chairman.

The Chairman made the following announcements:

 

 

Staffing and Recruitment

Staffing levels were approaching full establishment with three new enforcement officers in post, two of whom had been recruited internally.

There were some excellent applicants for the post of Development Control Manager and an appointment had been made with the new officer due to take up his post on 15th August, 2005.

 

Brierley Court Planning Inquiry

The Northern Area Planning Sub-Committee had previously refused a part-retrospective planning application for groundworks for a 300 unit caravan park and amenity building at Brierley Court Farm.  At the time the company, S&A Property Ltd, which was developing the site had erected a large utility building in open countryside without planning permission.  An injunction was obtained to prevent any further building works on the site and this was subsequently upheld by the High Court, the company also lost an appeal against the injunction.  Despite the continuing injunction, the company had installed window units in the utility building and unlawfully progressed with its construction.  An application to the High Court that the injunction had been breached and that the company and its director were in contempt of Court was upheld. The terms of the injunction were tightened, the windows ordered to be removed and fines totaling £65,000 with the Councils legal costs of £11,489 imposed.  The company has appealed to a Planning Inspector appointed by the Secretary of State in respect of the refusal to grant planning permission and the service by the Council of several enforcement notices.  The Inspector’s decision would be announced in due course.

 

Changes to the Constitution regarding Planning Committee

Recent changes had been made to the Constitution which provides that the Council’s own planning applications or applications concerning Council-owned land had become the responsibility of this Committee.  Officers would still be able to determine the applications under the officer scheme of delegation in that case where there are no objections and no member has requested a call-in on planning grounds.  It was anticipated that the Committee could have to meet a little more frequently to deal with the changes and additional meetings may need to be added to the programme.  A meeting had been scheduled for 26^th August in this respect to deal with any referrals from the next round of Area Planning Sub-Committees and any applications which fall within the new remit of the Committee.”

To receive the attached report of the Northern Area Planning Sub-Committee meeting held on 15 June, 2005.

RESOLVED: That the report of the meetings held on 15th June, 2005 be received and noted.

To receive the attached report of the Central Area Planning Sub-Committee meetings held on 1 and 29 June 2005.

RESOLVED: That the report of the meeting held on 1st^t & 29th June, 2005 be received and noted.

To receive the attached report of the Southern Area Planning Sub-Committee meeting held on 8 June  and 7 July 2005.

RESOLVED: That the report of the meeting held on 8th June & 7th July, 2005 be received and noted.

To consider an application for the erection of a three bedroomed two storey detached dwelling and detached garage/store.

 

Ward: Mortimer

The receipt of a letter of support and a letter from the Agent of the applicant was reported.

 

The County Archaeologist provided the Committee with details of an Ancient Monument comprising a motte and bailey which adjoined the application site.  He outlined the historical importance of the monument and described the reasons why the proposed development would have an adverse impact upon it.  Councillor Mrs JE Pemberton drew attention to existing dwellings near to the ancient monument and said that the applicants had taken great care in the details of their proposals to ensure that the dwelling would be effectively screened by landscaping and would have a minimum impact upon the ancient monument.  Councillor MR Cunningham sympathised with the circumstances facing the applicants but felt that it was important to ensure that such ancient monuments were preserved, particularly those which had internationally recognised importance.  Councillor BF Ashton supported this view and drew attention to the number of Planning Policies that the application breached  and why it should not be supported.

 

Having considered all the details of the application the Committee felt that it could not be supported because of the planning policy issues involved and its impact upon the adjoining Ancient Monument.

 

RESOLVED THAT

 

planning permission be refused for the following reason:

 

The site for the proposed development is designated as a protected area and is adjacent to a Scheduled Ancient Monument.  It is considered that the proposed development will have a significant detrimental impact on the historic and visual setting of the location and is therefore contrary of Policies A1, A22 and A25 of the Leominster District Local Plan.

The application is in respect of two residential wings, linked by a new day care facility.

 

Ward: Ledbury

The receipt of 12 letters of objection was reported. 

 

Councillor BF Ashton, one of the Local Ward Members requested that a site inspection be held.

 

RESOLVED THAT

Consideration of the application be deferred pending a site inspection on the following grounds:

 

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

(b)               a judgement is required on visual impact; and

(c)        the setting and surroundings are fundamental to the determination or to the conditions being considered.

For:      Shaw Health Care Herefordshire Ltd per Pentan Partnership  Beaufort Studio  1 Atlantic Wharf Cardiff  CF10 4AH

 

Ward: Leominster South

Councillor JP Thomas had some concerns about adequate shrubbery screening to help prevent overlooking of adjoining properties and asked for this to be sensitively dealt with.  It was also requested that the Officers ensured that any windows overlooking adjoining properties were in opaque glass.

 

RESOLVED THAT

 

NC2005/0707/F

 

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 -     A09 (Amended plans ) (29 June 2005)

 

         Reason: To ensure the development is carried out in accordance with the amended plans.

 

3 -     B01 (Samples of external materials )

 

         Reason: To ensure that the materials harmonise with the surroundings.

 

4 -     C14 (Signing of contract before demolition )

 

         Reason: Pursuant to the provisions of Section 17(3) of the Planning (Listed Buildings and Conservation Areas) Act 1990.

 

5 -     H26 (Access location )  (construction traffic)  (Etnam Street)

 

         Reason: In the interests of highway safety.

 

6 -     H27 (Parking for site operatives )

 

         Reason: To prevent indiscriminate parking in the interests of highway safety.

 

7 -     H29 (Secure cycle parking provision )

 

         Reason: To ensure that there is adequate provision for secure cycle accommodation within the application site, encouraging alternative modes of transport in accordance with both local and national planning policy.

 

8 -     F16 (Restriction of hours during construction )  (8.00am-5.30pm Mon-Fri, 8.00am-1.00pm Sat)

 

         Reason: To protect the amenity of local residents.

 

9 -      No material or substances shall be incinerated within the application site during the demolition and construction phase of the development hereby approved.

 

         Reason:  To protect the amenity of local residents.

 

10 -   D01 (Site investigation - archaeology )

 

         Reason: To ensure the archaeological interest of the site is recorded.

 

11 -   G04 (Landscaping scheme (general))

 

          Reason:  In order to protect the visual amenities of the area.

 

12 -   G05 (Implementation of landscaping scheme (general))

 

          Reason:  In order to protect the visual amenities of the area.

 

13 -   G01 (Details of boundary treatments)

 

          Reason:  In the interests of visual amenity and to ensure dwellings have satisfactory privacy.

 

Informatives:

1 - N15 - Reason(s) for the Grant of PP/LBC/CAC

2 - HN15 - Affected street lighting or illuminated signs

 

 

 

NC2005/0708/C

That Conservation Area Consent be granted subject to the following conditions:

 

1 -   C01 (Time limit for commencement (Listed Building Consent) )

 

        Reason: Required to be imposed by Section 18(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990.

 

2 -   C14 (Signing of contract before demolition )

 

        Reason: Pursuant to the provisions of Section 17(3) of the Planning (Listed Buildings and Conservation Areas) Act 1990.

 

Informative:

1 - N15 - Reason(s) for the Grant of PP/LBC/CAC

For:      Shaw Healthcare (Herefordshire) Ltd. per Pentan Partnership, Beaufort Studio, 1 Atlantic Wharf, Cardiff  CF10 4AH

 

Ward: Ross-on-Wye East

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       B02 (Matching external materials (extension) )

 

Reason: To ensure the external materials harmonise with the existing building.

 

3       H13 (Access, turning area and parking )

 

Reason: In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway.

 

Informative(s):

 

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

For:            Hereford Diocese Board Of Finance,  James Spreckley MRICS FAAV, Brinsop House, Brinsop, Herefordshire, HR4 7AS

 

Ward: Hope End

The receipt of three further letters of objection and a letter from the Agent acting on behalf of the applicant was reported.

 

In accordance with the criteria for public speaking Mrs Ramsden of Cradley Parish Council spoke against the application and Mr Spreckley the Agent spoke in favour.

 

RESOLVED THAT

 

DCNE2005/0791/F

 

1 -     The County Secretary and Solicitor be authorised to complete a planning obligation under Section 106 of the Town and Country Planning Act 1990 to secure the provision of affordable housing and the provision and future maintenance of a play area, and any additional matters and terms as she considers appropriate.

 

2 -     Upon the completion of the aforementioned planning obligation that the Officers be authorised to issue planning permission 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 -     A09 (Amended plans )

 

         Reason: To ensure the development is carried out in accordance with the amended plans.

 

3 -     Prior to the commencement of demolition a method statement for the demolition, salvage and storage of the stone shall be submitted to and approved in writing by the Local Planning Authority.  The stone to be salvaged shall then be used in the construction of plots 1 to 3 inclusive.

 

         Reason:  In the interest of the character and appearance of the Conservation Area.

 

4 -     B01 (Samples of external materials )

        

         Reason: To ensure that the materials harmonise with the surroundings.

 

5 -     B07 (Stonework laid on natural bed )

        

         Reason: In the interests of conserving the character of the building.

 

6 -   C04 (Details of window sections, eaves, verges and barge boards )

 

          Reason: To safeguard the character and appearance of this building of [special] architectural or historical interest.

 

7 -     C05 (Details of external joinery finishes )

 

         Reason: To safeguard the character and appearance of this building of [special] architectural or historical interest.

 

8 -     E02 (Restriction on hours of delivery )

 

         Reason: To safeguard the amenities of the locality.

 

9 -     E18 (No new windows in specified elevation )

 

         Reason: In order to protect the residential amenity of adjacent properties.

 

10 -      F16 (Restriction of hours during construction )

 

         Reason: To protect the amenity of local residents.

 

11 -      F20 (Scheme of surface water drainage )

 

         Reason: To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal.

 

12 -      F27 (Interception of surface water run off )

         Reason: To prevent pollution of the water environment.

 

13 -      G01 (Details of boundary treatments )

 

         Reason: In the interests of visual amenity and to ensure dwellings have satisfactory privacy.

 

14 -      G02 (Landscaping scheme (housing development) )

 

         Reason: To ensure a satisfactory and well planned development and to preserve and enhance the quality of the environment.

 

15 -      G03 (Landscaping scheme (housing development) - implementation )

 

         Reason: To ensure a satisfactory and well planned development and  ...  view the full minutes text for item 23.

For:      The Singing Stud Ltd per Mr C Goldsworthy, 85 St Owen Street, Hereford, HR1 2JW

 

Ward: Old Gore

The Southern Team Leader provided the Committee with details of further comments that had been received about the application from professional organisations, local residents and the local Parish Council.

 

In accordance with the criteria for public speaking Mr Morgan of Much Marcle Parish Council and Mr Pope, a local resident, spoke against the application.

 

Councillor Mrs SJ Robertson had concerns about over intensification of use on the land and Councillor Mrs Lloyd-Hayes was concerned that the use would have an adverse impact on the public rights of way traversing it.  Councillor Mrs RF Lincoln said that when the Southern Area Planning Sub-Committee had visited the site she had concluded that it would be difficult to sustain a planning refusal.  Councillor BA Ashton had concerns that the stud farm had been in operation without the necessary permission for some time and he had considerable sympathy for the points raised by the objectors.  Councillor B Hunt supported the application and thought it to be in keeping of the rural location and Councillor Mrs JA Hyde was of the opinion that it was better to regulate the operation through planning permission and conditions. 

 

The Head of Planning services said that it would be difficult to uphold the reasons for refusal suggested by the Southern Area Planning Sub-Committee and that only traffic issues may carry any weight.  Having considered all the views put forward by the Officers and by the Sub-committee, the Committee concluded that there were insufficient grounds to merit refusing the application.

 

RESOLVED THAT

 

planning permission be granted subject to the following conditions:

 

1       G04 (Landscaping scheme (general) )

 

Reason: In order to protect the visual amenities of the area.

 

2       G05 (Implementation of landscaping scheme (general) )

 

         Reason:  In order to protect the visual amenities of the area.

 

3       F32 (Details of floodlighting/external lighting )

 

         Reason: To safeguard local amenities.

 

4       F40 (No burning of material/substances )

 

Reason: To safeguard residential amenity and prevent pollution.

 

5       Within 2 months of the date of this permission details of the means of disposing of waste materials and effluents with a timetable for implementation shall be submitted to and approved in writing by the local planning authority.  The approved details shall be implemented in accordance with the agreed timetable.

 

         Reason:  To protect the amenities of neighbours and to prevent pollution.

 

Informative:

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

For:            Jennings Homes per K.C. Humpherson Ltd,
The Corner House High Street, Wombourne, WV5 9DN

 

Ward: Valletts

The application has been referred to the Committee by the Head of Planning Services because the Southern Area Planning Sub-Committee was minded to refuse it contrary to Officer recommendation on the following grounds: -

 

1.      Over-intensification of the site

2.      To protect the setting of the Grade II listed farmhouse

3.   Insufficient number of small houses on the site

 

The Southern Team Leader said that the applicants needed to do further work on the ecology study and had asked for consideration of the planning application to be deferred to allow this to take place.

 

RESOLVED THAT

 

Consideration of the planning application be deferred at the request of the applicants.

For:      Elgar Housing Association Ltd, Hulme Upright Manning, Highpoint Festival Park, Stoke On Trent, Staffs, ST1 5SH

 

Ward: Aylestone

The Principal Planning Officer said that the Landscape Officer was satisfied with the scheme and that the Parks Development Officer had asked for those trees that were removed for the new access to be replaced with similar elsewhere on the site.  He added that negotiations were continuing with the Environment Agency to satisfy their requirements about potential flooding, through lowering the proposed area of open space in the grounds of the development.  He said that a letter of objection had been received from the Unity Gardens Trust and he outlined its contents.

 

In accordance with the criteria for public speaking, Mrs Booton spoke against the application and Mrs Cope of Elgar Housing Association spoke in its favour.

 

The Committee had some concerns about the roof levels of the proposed development and potential overlooking of adjoining properties in Chartwell Road and Bladon Crescent.  The Principal Planning Officer explained the negotiations that had taken place to arrive at lower roof levels where the proposed development would adjoin existing residential development so that the impact of the new development was minimised.

 

RESOLVED THAT

 

Subject to there being no objection from Environment Agency, Conservation Manager and English Nature (if appropriate); and should a Grampian condition in respect of highway improvements be deemed unacceptable:

 

(i)                 The County Secretary and Solicitor be authorised to complete a planning obligation under Section 106 of The Town and Country Planning Act 1990 (as amended) to secure a financial contribution of £34,000 in lieu of highway improvements including provision of a pelican crossing, bus shelter and bus boarders and any additional matters and terms as she considers appropriate.

 

(ii)        Upon completion of the aforementioned planning obligation that the officers named in the Scheme of Delegation to Officers be authorised to issue planning permission subject to the following conditions:

 

1.         The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

 

            Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

 

2.         The development shall be carried out in all respects strictly in accordance with the approved plans (drawing nos. AL(0)02 Rev 6, 04 Rev H, 05 Rev H, 06 Rev G, 07 Rev G, 08 Rev F, 09 Rev F, 10 Rev F, 11 Rev F and 14 Rev D), except where otherwise stipulated by conditions attached to this permission.

 

            Reason: To ensure adherence to the approved plans in the interests of a satisfactory form of development.

 

3.         No development shall take place until details or samples of materials to be used externally on walls and roofs have been submitted to and approved in writing by the local planning authority.  Development shall be carried out in accordance with the approved details.

 

            Reason: To ensure that the materials harmonise with the surroundings.

 

4.         The chimney flue[s] shall have a dark matt finish of a colour which shall first be approved in writing by the local planning authority.

 

            Reason: To protect the general character and amenities of the  ...  view the full minutes text for item 26.

For:      Mr A Williams, S J Salisbury Designs, 25 Cartwright Avenue, Harley Whitefort, Worcester, WR4 0NZ

 

Ward: Tupsley

The Senior Planning Officer presented the report of the Head of Planning Services about the application which had been submitted to the Committee in accordance with the provisions of the Council’s Constitution because it was from a Member on the Council.

 

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       A07 (Development in accordance with approved plans )

 

         Reason: To ensure adherence to the approved plans in the interests of a satisfactory form of development.

 

3       B01 (Samples of external materials )

 

         Reason: To ensure that the materials harmonise with the surroundings.

 

4       D01 (Site investigation - archaeology )

 

         Reason: To ensure the archaeological interest of the site is recorded.

 

5       E18 (No new windows in specified elevation )

 

         Reason: In order to protect the residential amenity of adjacent properties.

 

6       F16 (Restriction of hours during construction )

 

         Reason: To protect the amenity of local residents.

 

 

7       F48 (Details of slab levels )

 

         Reason: In order to define the permission and ensure that the development is of a scale and height appropriate to the site.

 

8       G01 (Details of boundary treatments )

 

         Reason: In the interests of visual amenity and to ensure dwellings have satisfactory privacy.

 

9       G02 (Landscaping scheme (housing development) )

 

         Reason: To ensure a satisfactory and well planned development and to preserve and enhance the quality of the environment.

 

10     G03 (Landscaping scheme (housing development) - implementation )

 

         Reason: To ensure a satisfactory and well planned development and to preserve and enhance the quality of the environment.

 

11     G09 (Retention of trees/hedgerows )

 

         Reason: To safeguard the amenity of the area.

 

12     No development shall commence on the site or machinery or materials be brought on to the site for the purpose of development until adequate measures have been taken to prevent damage to Eign Brook and to those trees which are to be retained.  Protective measures must include:

 

        a) Protective fencing, of a type and form agreed in writing with the local planning authority, to be erected along the boundary of the 5 metre exclusion zone.  This fencing must be at least 2.0 metres high and sufficiently robust to deter construction traffic.

 

        b) No excavations, site works, trenches, channels, pipes, services or temporary buildings used in connection with the development or areas for the deposit of soil or waste or for the storage of construction materials, equipment or fuel or other deleterious liquids shall be sited within the exclusion zone.

 

        Reason: In order to preserve the character and amenity of the area.

 

13       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order, no buildings or other structures (including gates, wall or fences), shall be erected and/or no changes to ground levels shall be carried out within 5 metres of the top of any bank of water courses and/or within 5 metres of any site  ...  view the full minutes text for item 27.

For:      Mr A Williams, Broadheath Consulting Ltd, Broadheath, Moreton-on-Lugg, Hereford, HR4 8DQ

 

Ward: Central

The Senior Planning Officer presented the report of the Head of Planning Services about the application which had been submitted to the Committee in accordance with the provisions of the Council’s Constitution because it was from a Member on the Council.

 

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 (Samples of external materials )

 

         Reason: To ensure that the materials harmonise with the surroundings.

 

3       A07 (Development in accordance with approved plans )

 

         Reason: To ensure adherence to the approved plans in the interests of a satisfactory form of development.

 

4       C02 (Approval of details )

 

         Reason: To safeguard the character and appearance of this building of [special] architectural or historical interest.

 

INFORMATIVES:

 

1       N03 - Adjoining property rights

 

2       N14 - Party Wall Act 1996

 

3       ND02 - Area of Archaeological Importance

 

4       N15 - Reason(s) for the Grant of PP/LBC/CAC

For:      02 UK Limited, Stappard Howes, 8 Windsor Court, Clarence Drive, Harrogate, North Yorkshire, HG1 2PE

 

Ward: St. Martins & Hinton

The Senior Planning Officer presented the report of the Head of Planning Services about the application which had been submitted to the Committee in accordance with the provisions of the Council’s Constitution because it related to Council owned land.  A petition was received from local residents about the proximity of the proposed mast to the school and adjoining housing and the views of consultees and Hereford City Council were reported. 

 

In accordance with the criteria for public speaking Mr Searle, the agent acting for the applicants, spoke against the application.

 

RESOLVED THAT

 

The County of Herefordshire District Council hereby gives notice that Prior Approval is not required for the siting and appearance of the telecommunications installation on land on the western side of the A49 (opp 245 Ross Road), Hereford subject to the following conditions imposed by the Town and Country Planning (General Permitted Development) Order 1995 (as amended) subject to the following conditions:

 

1.         The development shall be begun no later than 5 years from the date the Council received the application.

 

2.         The development shall, except to the extent that the Local Planning Authority otherwise agree in writing, be carried out in accordance with the details submitted with the application.