The Chairman expressed his great sadness at the recent loss of former Councillor Mrs RF Lincoln, a dear colleague and friend.  Those present stood in silent tribute.

To note that at the recent Annual Council the Chairman was re-elected and the Vice-Chairman was re-appointed.

It was noted that at Annual Council on 12th May the Chairman had been re-elected and the Vice-Chairman had been re-appointed for the ensuing year.

To receive apologies for absence.

Apologies for absence were received from Councillors MR Cunningham, Mrs CJ Davis, RM Manning, R Preece and WJ Walling.

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

The following named substitutes were appointed;-

Councillor Mrs PA Andrews for MR Cunningham;

Councillor Mrs WU Attfield for R Preece; and

Councillor WLS Bowen for Councillor Mrs CJ Davis

.

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

To approve and sign the Minutes of the meeting held on 21st April, 2006.

RESOLVED: That the Minutes of the meeting held on 21st April, 2006 be approved as a correct record and signed by the Chairman, subject to the inclusion of the names of Councillors Mrs PA Andrews and PG Turpin in the list of those present, and apologies from Councillor Brig PG Jones.

To receive any announcements from the Chairman.

Mike Willmont, Southern Team Leader

The Chairman said that Mike Willmont, the Southern Team Leader had recently suffered a heart attack but was making a steady recovery.

Herefordshire Unitary Development Plan (UDP)

The Inspectors Report following the Public Inquiry had recently been received and was made public on Monday 5th June. The report had been placed on the Councils website, was available for inspection at all Info Points and County libraries and was also available for purchase. The UDP Working Group had given early consideration to the Report recommendations. Cabinet and Council would be considering the Inspectors recommendations and proposed modifications to the Plan in late June and 28th July respectively.

Statement of Community Involvement (SCI)

Following Cabinet approval the final draft SCI had been submitted to the Secretary of State for approval and placed on further deposit for final comments. Any formal objections received would also be sent to the Secretary of State. This final stage concluded a significant and lengthy process to gain residents involvement in planning matters.

To receive the attached report of the Northern Area Planning Sub-Committee meeting held on 19th April and17th May, 2006.

RESOLVED: That the report of the meeting held on 19th April and 17th May, 2006 be received and noted.

To receive the attached report of the Central Area Planning Sub-Committee meeting held on 3rd and 31st May, 2006.

RESOLVED: That the report of the meetings held on 3rd and 31st May, 2006 be received and noted.

To receive the attached report of the Southern Area Planning Sub-Committee meeting held on 12th April and 10th May, 2006.

RESOLVED: That the report of the meetings held on 12th April and 10th May, 2006 be received and noted.

To receive a report about Development Control performance in 2005/06

The Development Control Manager presented his report about Development Control performance in 2005/06. 

RESOLVED THAT:-

The report be noted and that staff be congratulated for achieving their performance during a very busy period

To seek views on the issues raised through the Conservation Area appraisals for Almeley, Weobley and Hampton Bishop. 

Wards: Backbury, Castle and Golden Cross with Weobley

The Conservation Manager presented a report about the issues raised through the Conservation Area appraisals for Almeley, Weobley and Hampton Park.  He said that at its meeting on 21st April, 2006 the Committee had recommended a programme for the preparation of appraisals and management proposals for sixteen conservation areas.  Drafting of the appraisals documents had been completed for Hampton Park and Almeley, and the one for Weobley was scheduled for completion by the end of June.  He outlined all the main issues involved in the appraisals and the forthcoming consultation process.  He also explained how locally significant buildings that were not necessarily listed could be included.  He advised that if the Committee was agreeable to the proposals, the next stage would be to ask the Cabinet Member (Environment) to confirm the final content of the appraisal documents and the way in which the issues raised through the appraisals should be dealt with. It was then intended that consultations upon the issues raised should be undertaken. These may subsequently influence the management proposals that would form part of the next stage of work in relation to the particular conservation areas. 

The Committee endorsed the proposals put forward by the Conservation Manager.

RESOLVED

THAT              the Cabinet Member (Environment) be requested to approve the consultation proposals arising upon the appraisals for Hampton Park, Almeley and Weobley Conservation Areas and particularly the issues raised in association with these.

To consider a proposed Development Brief for the existing site.

Ward: Three Elms

The Team Leader Local Planning presented the report of the Forward Planning Manager regarding proposals for adopting a revised Development Brief for the redundant Whitecross High School site in Hereford as a sSupplementary Planning Document. He advised that the Brief had been amended following an extensive consultation exercise including two public meetings and that the site was proposed for redevelopment inunder Policyies H2, RST5 and CF5 of the Revised Deposit Draft Unitary Development Plan (UDP).  Statutory bodies and local residents were invited to make comment during the consultation process and their comments and concerns were summarised in the report.  There was general support for new housing and an educational establishment at the site but considerable concern from local residents about the impact of additional traffic on Baggallay Street. 

The alternative proposals put forward were:-

·         60 dwellings (of which 21 affordable housing)

·         60 dwellings plus 420 pupil primary school

·         60 dwellings plus 630 pupil primary school

·         60 dwellings plus 50 place special school

·         60 dwellings plus a children’s centre

Councillor Mrs PA Andrews, one of the Local Ward Members, said that local residents were satisfied with the proposals provided that the number of dwellings did not exceed sixty and that a new or substantially improved vehicular access was provided because Baggallay Street was very narrow. She also felt that it would be advantageous if a primary school could be avoided because the majority of pupils would be arriving by car and would add to the traffic congestion.  A school such as that at Barrs Court Road would be preferable because less traffic would be generated.  Councillor DJ Fleet said that although the traffic impact study had been carried out on Baggallay Street, the implications for Whitecross rRoad did not appear to be covered.  He asked if planning requirements for highway improvements could be imposed.  The Team Leader Local Planning said that requirements could be placed on the junction of Baggallay Street with Whitecross Road but not beyond that.  Councillor RI Matthews asked if there was the opportunity to gain access to the site from development land at Yazor Road. The Team Leader Local Planning said that this was possible and that perspective developers of the land adjacent developer had been made aware of this.

THAT the Cabinet Member (Environment) be recommended to approve the development brief for the former Whitecross High School site, as amended, for adoption as a Supplementary Planning Document (SPD).

To consider the Kings Caple Parish Plan for adoption as further planning guidance to the emerging Herefordshire Unitary Development Plan (UDP).

Wards Affected: Old Gore

A report was presented by the Team Leader (Local Planning) about the Kings Caple  Parish Plan which had been prepared to provide further planning guidance to the emerging Herefordshire Unitary Development Plan.  He said that the aim of the document was to identify measures by which the community aimed to improve and enhance the quality of the built environment and to provide a mechanism to inform and influence the decisions of statutory bodies about community priorities and local needs.  Key recommendations were included about transport and traffic, landscape and environment, housing, planning and heritage, youth and leisure and community services.  The planning issues centred on affordable housing for young people and a wish to see any new development designed to reflect the character of the local area. 

The Committee expressed its appreciation for the hard work undertaken by the local community in helping to prepare the document.

RESOLVED: That it be recommended to the Cabinet Member (Environment) that the planning elements of the Kings Caple Parish Plan be adopted as further planning guidance to the Herefordshire Unitary Development Plan and as an expression of local distinctiveness and community participation.

For:            Sydonia Skatepark Community per Mrs C Bromage  Leominster Town Council  Town Council Office  Grange Walk  Leominster  HR6 8NS

Ward: Leominster South

A planning application from Leominster Town Council was considered for a skateboard park at the Sydonia Recreation Ground adjoining the Leominster Leisure Centre and swimming pool.

In accordance with the criteria for public speaking, Mrs. Atkinson of Leominster Town Council spoke in support of the application.

The Committee was generally supportive of the application and noted that the site would be supervised by Halo Leisure Trust.  There were some concerns about potential noise nuisance and Councillor Mrs JE Pemberton drew attention to the concerns voiced by the Police about the proximity of the site to sheltered accommodation at Eaton Close and new housing at Battlebridge Close and Lammas Close.  The Development Control Manager said that the applicants had included details of a sound attenuation system for the ramps to minimize noise impacts in sensitive locations and that conditions would be imposed on the permission regarding this.

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 -     F32 (Details of floodlighting/external lighting )

         Reason: To safeguard local amenities.

3.      Prior to the commencement of development full details of layout of the skate park hereby approved and details of each piece of equipment to be installed on the site shall be submitted to and approved by the local planning authority.  The development shall be carried out in accordance with the approved details.

         Reason: To define the terms of this permission.

4.      Before the development hereby permitted commences a scheme shall be agreed with the local planning authority that specifies the provisions to be made for the control of noise emanating from the site.  This shall specifically include the use of acoustic foam in all of the approved ramps.  The use of the site shall be carried out in accordance with approved details.

         Reason: In the interests of nearby residential amenity.

5.      Any equipment with the potential to cause noise nuisance should be located at a minimum distance of 40 metres from residential accommodation, any additional equipment should be approved by the local planning authority prior to its installation.

         Reason: In the interests of nearby residential amenity.

6.      The hours in which the facilities shall be open for use shall be restricted to 8.00am to 9.30pm.

         Reason: In the interests of nearby residential amenity.

7.      No amplified or other music shall be played on the site of this permission at any times.

         Reason: In the interests of nearby residential amenity.

Informatives:

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

For:      Mr Taylor per The Land Use Consultancy, 141 Bargates, Leominster, Herefordshire, HR6 8QS

Ward: Mortimer

The Development Control Manager said that at its meeting on 25th November, 2005 the Committee had approved the application subject to appropriate conditions about protective earth bunding and petrol/oil interceptors in the drainage, any further conditions felt to be necessary by the Head of Planning Services, and the Environment Agency being satisfied.  He advised that since that time officers had held site meetings and negotiations with the applicants and the Environment Agency. These had highlighted the need to balance the flood plain issues against the material planning interests of enabling the local coach hire to continue to operate and contribute to sustainable transport in the locality, without impacting on residential amenities.  Despite the negotiations the Environment Agency had not withdrawn its objections.

Members were disappointed that the Environment Agency was still not in favour of  the application.  Councillor Mrs. L.O. Barnett, the Local Ward Member said that the application was essential for the future of the business and that there was no other suitable site in Leintwardine.  She felt that there were negligible risks from flooding, particularly as the proposal would be for coaches and not housing.  She questioned the views of the Environment Agency which appeared to relate to extremely infrequent flooding in the area.  She did not feel that an adequate case had been made to refuse an application from an important rural transport business.

The Committee agreed with the Local Ward Member and felt that the Environment Agency was taking the worst-case scenario in respect of what was after all a fairly modest rural transport business which was only dealing with its own vehicles and not involved with servicing those of other firms.  It was considered that the effects of potential flooding would be minimal given the proposed use and that there was no evidence available that local residents considered themselves to be in peril.  Given the specific nature of the business and they way in which it operated and the fact that no further development would be permitted on the site, the Committee felt that approval should be given.

RESOLVED:

That the application be approved subject to appropriate conditions about protective earth bunding and petrol/oil interceptors in the drainage and any further conditions felt to be necessary by the Head of Planning Services.

For:      John Masefield High School per Herefordshire Council Property Services, Franklin House, 4 Commercial Road, Hereford,  HR1 2BB

Ward: Ledbury

In accordance with the criteria for public speaking, Mr. Thomas, spoke against the application.

The Committee considered details of the application and whilst acknowledging the essential need for the security fence and gates, had some concerns about its appearance and effectiveness.  The objectors had raised several issues including the materials used for construction and the security of the fence at its base. The Development Control Manager said that issues relating to colour and suitable landscape screening were covered by the appropriate planning conditions in the recommendation.

RESOLVED

That planning permission be granted subject to the following conditions:

1 -     Prior to 1st August 2007 a scheme of landscaping using indigenous species which shall include indications of all existing trees on the land, and details of any to be retained, and a programme for the approved scheme's implementation and long term management shall be submitted to the Local Planning Authority for their written approval.  The submitted details must include details as to the location of all planting, the species, their size and the density of planting.

         Reason:  To ensure that the visual impact of the development is satisfactorily ameliorated in accordance with Policy DR1 of the Herefordshire Unitary Development Plan Revised Deposit Draft May 2004.

2 -     All planting in the approved details of landscaping shall be carried out in the period 1st October 2006 until 28th February 2007.  Any trees or plants which within the period until 1st March 2012 die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

         Reason:  To ensure that the visual impact of the development is satisfactorily ameliorated in accordance with Policy DR1 of the Herefordshire Unitary Development Plan Revised Deposit Draft May 2004.

3 -     Prior to 1st September 2006 the gates and the section of fencing either side with vertical steel posts, hereby permitted, shall be painted a matt black colour and shall therefore be maintained as such.

         Reason:  To ensure that the visual impact of the development is satisfactorily ameliorated in accordance with Policy DR1 of the Herefordshire Unitary Development Plan Revised Deposit Draft May 2004.

Informative:

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

2 -    Hereford and Worcester County Structure Plan 1993

         Policy CTC.9 – Development Requirements

3 -      Herefordshire Unitary Development Plan Revised Deposit Draft May 2004

         DR1 - Design

For:            Hereford City Sports Club per Mr. J. Spreckley,  Brinsop House, Brinsop, Hereford,  HR4 7AS

Ward: Three Elms

The receipt of a letter from the applicants’ agent regarding remodelling the height of the bund was reported.

In accordance with the criteria for public speaking, Mr. Spreckley the agent acting on behalf of the applicant spoke in support of the application.

Councillor RI Matthews said that the bund had been constructed in a very irresponsible and unsupervised manner but noted that the intention of the bund was to provide a 'soft' boundary to delineate the extent of Hereford City Sports Club playing fields and to deter informal access and random trespass.  He felt that the height, profile and finish of the existing bund could be greatly improved and made acceptable by re-profiling and sympathetic planting.  If there were the appropriate planning conditions in place, and the requirements of Environment Agency and Head of Environmental Health and Trading Standards were met, he felt that approval could be given.

Councillor BF Ashton said that he was opposed to the application because of the adverse visual impact of the bund in a setting of open sports fields, and because of the materials used to construct it.  Councillor DJ Fleet felt that the existing bund created a considerable eyesore in an open landscape and that it was contrary to planning conditions and should therefore be removed.  The Development Control Manager said that the applicants had not consulted the Planning Department before erecting the bund and that it was still not known what materials had been used in its construction.  The Director of Environment pointed out that they had also not sought landlord’s consent for the work on Council owned land.

The Committee noted the reasons put forward by the Sports Club for the re-profiling of the bund and whilst having some sympathy to the problems it faced, was disappointed that it had not sought all of the necessary permissions before proceeding with the erection of the bund.  A motion that the application should be approved with the appropriate conditions was lost.

RESOLVED

That planning permission be refused for the following reason:

1.      The proposed remodelling would still be of a scale, layout and design which does not respect and is inconsistent with the existing open character and quality of the site, which would create an unnatural boundary between similar activities within a public open space, and as such would be contrary to Hereford and Worcester County Structure Plan Policies CTC7 and CTC9, Hereford Local Plan Policies R1, R89 and ENV14 and emerging Herefordshire Unitary Development Plan (Revised Deposit Draft) Policies RST1, RST4 and HBA4; furthermore, insufficient information has been submitted with regard to working methods and contingencies, testing for contamination of the bund material, removal of construction waste debris embedded in it and health and safety issues, to satisfy the Council that there would be no adverse environmental effects in accordance with Hereford and Worcester Structure Plan Policy ED3, Hereford Local Plan Policy ENV14 and Herefordshire Unitary Development Plan (Revised Deposit Draft) Policies S10 and W2.

For:      Mr. & Mrs. C.W. Morgan, per John Phipps, Bank Lodge, Coldwells Road, Holmer, Hereford, HR1 1LH

Ward: St. Martins & Hinton

The Development Control Manager said that the Central Area Planning Sub-Committee was mindful to approve the application and that it had been referred to the Planning Committee because this view was contrary to a number of the Council’s Planning policies and Officer advice.

In accordance with the criteria for public speaking, Mr. Morgan spoke in support of the application.

Councillor Mrs. W.U. Attfield, a Local Ward Member, noted the location of the site but felt that the specific personal circumstances of the applicants should be given weight and that an exception to permit housing should be allowed.  She commented that the proposal would enable the family to remain together and ensure the continued sustainability of the farm, whilst providing an element of diversification in the long term.  She felt that the conversion of an existing building was not workable given the distances involved.

A number of Members endorsed the comments of the Local Ward Member.  It was suggested that any planning permission granted should closely link the existing farmhouse to the proposed bungalow.

The Development Control Manager advised the Committee that the proposal was directly contrary to the Council’s planning policies as it was situated in open countryside, it could not be considered to be previously developed land and none of the exceptions had been satisfied.  Councillor BF Ashton said that there was a need for caution in the way that planning policies were interpreted because this application did not appear to fulfil the requirements.

A number of Members felt that there was an element of rural enterprise and diversification in the application which should be supported.  Some commented that the proposal would have minimal impact on the area and noted that no letters of objection had been received.  I was felt that in view of the family circumstances giving rise to the application, the concerns of officers’ could be addressed through conditions to prevent the sale or independent occupation of the bungalow from the farmhouse. 

RESOLVED:

That the application be approved subject to conditions felt to be necessary by the Development Control Manager removing permitted development rights and tying the dwelling to the farm with an agricultural occupancy.

For:      HH & PH Collins Properties, Collins Engineering Limited, Unit 5 Westwood Industrial Estate, Pontrilas, Hereford HR2 0EL.

Ward: Hagley

The Development Control Manager said that the Central Area Planning Sub-Committee was mindful to approve the application and that it had been referred to the Planning Committee because this view was contrary to a number of the Council’s Planning policies and Officer advice.

In accordance with the criteria for public speaking, Mr. Collins spoke in support of the application.

Councillor R.M. Wilson, the Local Ward Member, felt that the application should be supported.  He commented that the Business Park had not been successful in attracting B1 light industrial companies to the site and expressed the view that the design and installation elements of Elite Bathrooms and Tiles could be interpreted as employment uses in accordance with the Council’s policies.  Comparisons were made between this operation and Browns Furniture, located on the same Business Park, which also incorporated retail sales.  He stressed the differences between Elite Bathrooms and Tiles and typical large-scale retail warehousing operations.  He felt that the highways network had capacity for the proposed change of use and that there were positive benefits in terms of reducing traffic and parking congestion in Hereford City.  He noted that the applicants had stated that the business already employed 17 people and this was expected to increase.  He felt because the business was completely different from the retail nature of a large d.i.y store, it did comply with the planning policies contained within the emerging Herefordshire Unitary Development Plan.

A number of Members concurred with the Local Ward Member’s views and comments were made about the need to support local businesses.  Some noted the difficulties being experienced in the industrial sector and felt that there was a need to react to changing circumstances. 

The Development Control Manager explained the planning policy objections and the differences between the use classes.  He commented that there was no intrinsic reason why this retail use should be located within this established employment area of goods permitted.

RESOLVED:

That planning permission be granted subject to any conditions considered necessary by the Development Control Manager

For:            Herefordshire Council per Property Services Manager, Herefordshire Council, Property Services, Franklin   House, 4 Commercial  Road,  Hereford, HR1 2BB

Ward: Central

The Development Control Manager said that the applications sought permission and consent for the introduction of a stone bench and screening to be associated with the Shire Hall, Hereford.  The Listed Building application also sought consent for a disabled access which already had planning permission by virtue of planning application DCCE2004/4242/F.  He advised that the applications were required following the receipt of an objection to the previous Listed Building Consent application from English Heritage.  This revised proposals had attempted to address the concerns associated with the original scheme.

RESOLVED THAT:

DCCE2006/1097/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.      A06 (Development in accordance with approved plans).

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

Informatives:

1.      N01 - Access for all.

2.      N03 - Adjoining property rights.

3.      N06 - Listed Building Consent.

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

DCCE2006/1101/L:

i)       The application is notified to the Secretary of State.

ii)      Subject to the Secretary of State confirming that he does not intend to call it in, Listed Building Consent be granted subject to the following conditions and any additional conditions considered necessary by Officers:

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.      A06 (Development in accordance with approved plans).

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

3.      C02 (Approved of details).

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

Informatives:

1.      ND2 (Area of Archaeological Importance).

2.      ND3 (Contact Address).

3.     N15 - Reason(s) for the Grant of Listed Building Consent.

For:            Children's Services per Property Services Manager, Herefordshire Council Property Services, Franklin House, 4 Commercial Road, Hereford, HR1 2BB

Ward: Sutton Walls

In accordance with the criteria for public speaking, Mr. Winnell of Sutton Parish Council spoke in support of the application and Mr. Lewis and Mr Sheath spoke against.

The Committee noted that the concerns raised by the objectors about light pollution could be dealt with by the appropriate conditions.

The Team Leader Local Planning said that during the course of several years a number of sites had been investigated and extensive public consultation undertaken.  This site for a new school, housing and community use had been supported by the Parish Council when considered for inclusion in the Herefordshire Unitary Development Plan. A Development Brief for the mixed development was subsequently prepared and approved by the Planning Committee. The Brief had been the subject of local consultation which included public meeting.

The Development Control Manager explained that there was an outstanding highways objection to the scheme and that the need had been identified for the proper provision of pedestrian access to the site and along the site frontage.  He suggested that the officers be given delegated power to refuse permission if the highways issues were not resolved to their satisfaction.

RESOLVED THAT:

Subject to the receipt of suitably amended plans and the resolution of the outstanding highway issues to their satisfaction, 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 by officers:

1.      A07 (Development in accordance with approved plans).

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

2.      B01 (Samples of external materials).

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

3.      F32 (Details of floodlighting/external lighting).

         Reason: To safeguard local amenities.

4.      G04 (Landscaping scheme (general)).

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

5.      G06 (Scope of landscaping scheme).

         Reason: In order that the local planning authority may be satisfied that the deposited scheme will meet their requirements.

Informative:

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

For:      Mrs H Amos, Clerk to Goodrich and Welsh Bicknor Parish Council, Great Trewen Farm, Llangrove, Ross on Wye, Herefordshire HR9 6ES

Ward: Kerne Bridge

The Development Control Manager said that an objection to the application had been received from Central Networks to the scheme because of an overhead power cable.  The application had therefore been withdrawn until the next meeting to enable the matter to be resolved.