To receive apologies for absence.

Apologies for absence were received from Councillors H Davies, AP Taylor and WJ Walling.

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

There were no named substitutes present at the meeting.

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

GUIDANCE ON DECLARING PERSONAL AND PREJUDICIAL INTERESTS AT MEETINGS

The Council’s Members’ Code of Conduct requires Councillors to declare against an Agenda item(s) the nature of an interest and whether the interest is personal or prejudicial.  Councillors have to decide first whether or not they have a personal interest in the matter under discussion.  They will then have to decide whether that personal interest is also prejudicial.

A personal interest is an interest that affects the Councillor more than most other people in the area.  People in the area include those who live, work or have property in the area of the Council.  Councillors will also have a personal interest if their partner, relative or a close friend, or an organisation that they or the member works for, is affected more than other people in the area.  If they do have a personal interest, they must declare it but can stay and take part and vote in the meeting. 

Whether an interest is prejudicial is a matter of judgement for each Councillor.  What Councillors have to do is ask themselves whether a member of the public – if he or she knew all the facts – would think that the Councillor’s interest was so important that their decision would be affected by it.  If a Councillor has a prejudicial interest then they must declare what that interest is and leave the meeting room.

Councillors JW Hope and DC declared a prejudicial interest in respect of Agenda item 9 DCNE2008/0633/F - alterations and extension to existing buildings. new warehouse, concentrate store, gatehouse, fuel tank structures, access road and re-arrangement of hardstanding areas at Robertson's Business Park, Little Marcle Lane, Ledbury (Minute No.9) and left the meeting for the duration of this item.

To approve and sign the Minutes of the meeting held on 11 April 2008.

RESOLVED: That the Minutes of the meeting held on 11th April, 2008 be approved as a correct record and signed by the Chairman

To receive any announcements from the Chairman.

Forward Planning Manager

The Chairman said that Mr D Nicholson would shortly be joining the Edgar St Grid Company for a two year secondment and the Committee wished him every success.

S and A Davies, Marden and Brierley

Following refusals of permission at Brierley and Marden for caravan sites and for polytunnels, S and A Davies had commenced preparation of a “Masterplan” to set out their strategy for their operations in the County.  The Masterplan would not have the formal status of a Development Brief or Supplementary Planning Document but it may help to give a context for future applications by the company on their various sites in the county.  The company had recently undertaken public consultation exercises which showed their future intentions. 

To receive the attached report of the Northern Area Planning Sub-Committee meeting held on 9 April and 07 May, 2008.

RESOLVED: That the report of the meetings held on 9 April and 7 May 2008 be received and noted.

To receive the attached report of the Central Area Planning Sub-Committee meeting held on 16 April and 14 May 2008.

RESOLVED: That the report of the meetings held on 16 April and 14 May 2008 be received and noted.

To receive the attached report of the Southern Area Planning Sub-Committee meeting held on 30 April 2008.

RESOLVED: That the report of the meeting held on 30 April 2008 be received and noted.

For: Universal Beverages per Cartledge Meller Ltd, Lockington Hall, Lockington, Derby DE74 2RH

Wards: County-wide

The Principal Planning Officer presented the following updates:-

A further letter has been received from a local resident expressing concern as to the works that have commenced upon site.

Severn Trent Water object to the proposed development. They have confirmed the Ledbury Sewage Treatment Works does not have the capacity to allow the applicant to discharge 1,500 cubic metres per day at a maximum discharge rate of 20 litres per second.

The Environment Agency continues to object to the proposed development. The issue as to the disposal of waste water effluent has not been satisfactorily addressed. This is a material planning consideration (Reference: - PPS23 and Circular 3/99). The Agency also require the issues of Water Supply, Flood Risk / Surface Water and Contaminated Land to be addressed further.

Welsh Water object to the proposed development as the area has water supply problems for which no improvements are planned in their Capital Investment Programme. Any increased demand will exacerbate the situation and adversely affect their service to existing customers. They state that it may be possible for the developer to fund the accelerated provision of essential improvements by way of a formal requisition under Sections 40 –41 of the Water Industry Act 1991.

The Planning Ecologist states: -

“I have received the Extended Phase I Habitat Survey report by Enviros Consulting Ltd. dated April 2008 and have discussed the findings with the consultants by telephone and at a site meeting. I have since received the updated survey information for reptiles and great crested newts and the accompanying Habitat Management Scheme.

I am satisfied with the level of survey effort, and note that reptiles were found to be present on the bank adjacent to the Water Treatment works, along with a single, immature great crested newt. Further surveys for great crested newts have established that they are present in the pond at Fairtree Farm, adjacent to Little Marcle Road, and not in water bodies on the proposed development site. I have recommended that Natural England be consulted on the proposed mitigation strategy to ensure that the relevant legislation is complied with. The location of any newt-proof fencing will also need to be agreed with NE. Further clarification is required as to the location of new habitat for reptiles, and a translocation methodology as the population will effectively be isolated post-development.

If planning permission is to be approved, I recommend the inclusion of conditions.”

Natural England does not object to the proposed development subject to conditions.

The view of the officers was that the works that had commenced on site were primarily related to permitted development or the planning permissions that had previously been granted. Other works were limited to initial ground works. The extent of unauthorised works was not considered to be serious enough to warrant enforcement action.

The Principal Planning Officer said that he wished to make the following changes to the report:-

(i)         add the following to the list of relevant Development Plan policies in para. 2.2: -

S10  ...  view the full minutes text for item 9.

To determine a response to the Phase Two Revision of the Regional Spatial Strategy.

Wards: County-wide

The Forward Planning Manager presented a report about a proposed response to the Phase Two Revision of the Regional Spatial Strategy (RSS).  He advised that the current version of the RSS was issued by the Government in 2004 followed by a phased review.  The first phase which dealt with the Black Country had been completed and second phase had reached an advanced stage.  It dealt with housing, employment, the role of centres, waste and some aspects of transport.  The third and final phase had begun in November 2007 and covered rural services, gypsy and traveller sites, culture, minerals and environment policies.  The Regional Assembly had worked closely with regional stakeholders in preparing the phase two revision, and strategic planning authorities such as Herefordshire Council had submitted advice to the Assembly in 2006.  Consultation was  undertaken on spatial options which were considered by Cabinet in February 2007.  A preferred option was approved by the Assembly’s Regional Planning Partnership in October, and had been submitted to the Secretary of State in December.  Formal public consultation on the revision was launched in January and the closing date of was 30 June 2008, although this was likely to be extended.  The next stage would be an Examination in Public, arranged by the Secretary of State and held before an independent Panel.  The Panel would subsequently prepare a Report for consideration by the Secretary of State who would consult on proposed changes before finalising the revised RSS. 

The Forward Planning Manager said that throughout the process of preparing the revisions, the Government had been concerned that more houses needed to be built if problems of affordability were to be addressed.  The Assembly had worked with partners, including local planning authorities, to increase its proposals for housing provision throughout the region.  Although significant increases in housing development were proposed across the region, the submitted revisions did not meet Government aspirations in full.  He explained what the proposals meant for Herefordshire in terms of infrastructure, housing and employment.  He advised that although the proposed housing targets were broadly in line with the Herefordshire Unitary Development Plan, there was a greater emphasis on Hereford and the market towns for their location. 

The Committee discussed the details of the proposals and Councillor RI Matthews emphasised the need for the careful management of housing in the rural areas to support the sustainability of the local communities.  The Forward Planning Manager said that it was important to recognise the very different needs of the communities in the rural west of the county compared to the market towns and other areas.  Councillor PJ Edwards said that care needed to be taken to ensure that services matched the housing provision in the larger developments and for the villages.  Councillor ACR Chappell highlighted the need for extensive consultation with Members regarding the volume of housing proposed for Hereford and the surrounding areas.  Councillor GFM Dawe was concerned that the proposals did not fully address the implications of climate change.  The Forward Planning Manager said  ...  view the full minutes text for item 10.

To consider the contents of the Herefordshire Core Strategy Developing Options paper.

Wards: County-wide

Team Leader Strategic Planning presented a report about the Herefordshire Core Strategy Developing Options paper. He advised that the preparation of a Core Strategy was a mandatory element of the Local Development Framework (LDF).  It included:

·         a long term vision for the County and its places ( to 2026);

·         objectives for an identified set of key issues;

·         a strategy to deliver the objectives; and

·         an indication of strategic sites or locations, infrastructure needs, funding and responsibilities.

The Core Strategy related to the shaping of places rather than just the grant of planning permission and it was essential that it was linked to the Community Strategy and to the Local Area Agreement.  To ensure that these links were made early in the process of preparing the Core Strategy, an LDF Task Group had been established.  The Group consisted of Herefordshire Council Cabinet Members covering the portfolio areas of environment, housing, transportation and economic development/regeneration, and Herefordshire Partnership Board representatives for community, economy and environment. It provided a forum for the broad consideration of the spatial development of the county and helped to ensure consistency and coherence across the Council and the Partnership.

The Committee discussed the issues referred to in the report including employment, transportation and housing.  Councillor GHM Dawe was of the view that the impact of climate change on housing needed to be dealt with more thoroughly.  The Forward Planning Manager said that the issue of climate change was at the heart of the core Strategy and that an important matter for further debate.  The Head of Planning Services felt that the debate on the report reflected the views expressed by consultees at the series of road-shows which had been held about the proposals.  The options that would be arrived at when the process concluded were likely to be  drawn from a combination of those set out in the report.  The Committee agreed with the approach suggested by the Forward Planning Manager. Councillor GFM Dawe voted against the resolution.

RESOLVED

THAT it be recommended to the Cabinet Member (Environment and Strategic Housing) that the Herefordshire Core Strategy Developing Options Paper be commended for approval by Cabinet for public consultation. 

To consider and agree for further technical assessment, the emerging findings of an initial study of land with potential for housing development within Herefordshire.

Wards: County-wide

The Team Leader Local Planning presented a report about the emerging findings of an initial study of land with potential for housing development within Herefordshire.  He said that the Strategic Housing Land Availability Assessment (SHLAA) was a study of the potential availability of land for future housing development within Herefordshire for the period up to 2026. The Council was required to produce an assessment under the provisions of PPS3 Housing to demonstrate that the future housing requirement identified in the Regional Spatial Strategy (RSS) could be fulfilled. The study was a key component of the Local Development Framework and contributed to the preparation of the Core Strategy. The study’s initial report would be made available as an evidence based background paper for the Core Strategy options. It would help to establish whether those options for broad directions of growth were feasible, by indicating whether sufficient land was potentially available to achieve the levels of growth suggested. The assessment would also provide information for the Hereford Action Area Plan and any other development plan documents. Land identified would contribute to the overall RSS requirements including those for affordable housing. The technical information contained within the assessment would provide policy information for the Council. It was important to emphasise however that the identification of any site did not indicate that it would automatically receive planning permission or be allocated for housing development.  Not all of the sites identified would be either necessary or acceptable and it was not the role of the study to make a final judgement about individual sites.  There was also the point that the assessment was being undertaken in the knowledge that the housing figures proposed in the current review of the Regional Spatial Strategy had been challenged by the Government as being too low. Any addition to the future housing provision for Herefordshire would need to be considered further within the context of the Core Strategy and the Assessment.

The Team Leader Local Planning said that some 500 sites had been identified within the process although there were numerous issues with each.  Hereford and the market towns had been concentrated upon initially and the next phase would be to widen the scope to the rural areas.  The study had been undertaken against a backdrop of forward planning and there was now a need to widen it to include the conservation and environmental issues to help to determine those sites which could be progressed.  All sites had been investigated around each settlement to determine their suitability and it was likely that the majority of the smaller ones would be discounted because the emphasis was on areas of growth.  Having discussed the details of the report, the Committee expressed its approval of the proposed approach.

RESOLVED

THAT

1.         the processes undertaken to date in compiling the SHLAA be noted and supported; and

2.         it be recommended to the Cabinet Member (Environment and Strategic Housing) that Cabinet be requested to approve the initial mapped survey findings of the Strategic Housing  ...  view the full minutes text for item 12.

To update Committee on this important national initiative and to agree a local protocol.

The Head of Planning Services presented his report about planning performance agreements and a proposed local protocol.  He said that   Planning Performance Agreements (PPA’s) were a collaborative project management process primarily aimed at complex development proposals.  The aim was to move away from development control to a system of development management which took into account the broader concept of spatial planning.  PPAs were aimed at improving the quality of the decision making process, not the speed or decision making, and they may not be appropriate for all types of development proposals.  He explained the process involved and suggested the approach which could be used by the Council in dealing with the issues involved.  He said that advice from the Government was that  if PPAs were to be used regularly, local planning authorities should establish a formal process.  He presented a proposed Charter to set out the parameters to be used by the Council  which covered:-

a)proposals for strategic housing and/or employment sites as identified either in the existing UDP or the forthcoming LDF; or

b)proposals requiring an Environmental Impact Assessment; or

c)           proposals which would have a significant impact on existing communities and therefore require expansive consultation or involvement from many different stakeholders, interest groups, statutory agencies etc.

The Committee agreed with the approach suggested by the Head of Planning Services

RESOLVED

That                (a)        the introduction of Planning Performance Agreements:            be noted

(b)               the application of Planning Performance Agreements be supported for Herefordshire; and

(c)               the Charter sent out at Appendix 1 of the report of the Head of Planning Services be approved.

To facilitate the Annual Development Review of planning application sites.

Wards: County-wide

The Committee agreed that the review of planning application sites should take place on Monday 30th June, 2008.

4 July 2008

4th July, 2008