To receive apologies for absence.

Apologies for absence were received from Councillor AP Taylor.

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.

Councillor PM Morgan declared a prejudicial interest in Agenda item No. 12 DCNW2009/0093/F - proposed agricultural storage building and kennels at Brilley Wood, Brilley, Whitney-on-Wye and left the meeting for the duration of the meeting.

Councillor DW Greenow declared a personal interest in Agenda item No. 12 DCNW2009/0093/F - proposed agricultural storage building and kennels at Brilley Wood, Brilley, Whitney-on-Wye.

To approve and sign the Minutes of the meeting held on 3rd April, 2009.

RESOLVED: That the Minutes of the meeting held on 3rd April, 2009 be approved as a correct record and signed by the Chairman

To receive any announcements from the Chairman.

The Chairman reminded the Committee about the site inspections in respect of applications for the proposed livestock market site near Credenhill and proposed alterations to The Grange, Leominster, which were due to take place on 19th May.

To receive the attached report of the Northern Area Planning Sub-Committee meeting held on 8th April, 2009.

RESOLVED: That the report of the meeting held on 11th March, 2009 be received and noted.

To receive the attached report of the Central Area Planning Sub-Committee meeting held on 1st and 29th April 2009.

RESOLVED: That the report of the meeting held on 4th March, 2009 be received and noted.

To receive the attached report of the Southern Area Planning Sub-Committee meeting held on 15th April, 2009.

RESOLVED: That the report of the meetings held on 18th February and 18th March, 2009 be received and noted.

To consider the outcome of the consultation process.

Team Leader (Building Conservation) presented a report about a draft Shop Front Design Guide which was previously recommended to the Cabinet Member for consultation with relevant parties. He said that the previous guides for Hereford City and South Herefordshire had been amalgamated and enhanced to provide guidance which would apply throughout the County.  He explained the main features of the document and how it could be applied to ensure that the unique features and character of the towns, villages and Conservation Areas were complimented and retained, particularly where the shop front was part of a Listed Building. He outlined the consultation process which had been undertaken with parish and town councils, statutory bodies, and a range of local groups and organisations including amenity societies, business organisations, disability groups and agents. In addition to asking for general comments, a number of specific questions had been included upon which the views of respondents could be expressed.  A summary of the comments received and the  officers’ responses were set out in Appendix 1 to his report. Although only twelve responses were received they were all positive in terms of approving the principle of the document and had made positive suggestions. In particular, changes had been suggested in relation to accessibility and these had been incorporated within the document and the general concerns had been addressed.  He suggested that the Committee agree to the amendments to the document and commended its adoption by the Cabinet Member.

The Committee asked questions about the way in which the guidance would be applied to the market towns and in particular the control of shop front signs.  The Team Leader (Building Conservation) said that there were controls available to the Council in respect of listed buildings but that this was an issue to be brought into the appraisals. Other powers that were available to the Council in addition to the guidance, including Article 4 Directions and the removal of Permitted Development Rights.  These powers also extended to the colour schemes used on frontages.  The Committee was also concerned that in many town centres shops and their frontages were attractive but that the floors above were used as storage areas and often cluttered or scruffy and semi-derelict.  Members enquired what controls might be available in this respect.  The said that the Council could seek to ensure that such upper floors were brought into occupation but that there were no significant powers available to require this.

RESOLVED

THAT (i)                   it be recommended to the Cabinet Member (Environment and Strategic Housing) that the amendments proposed to the Herefordshire Shop Front design Guide set out in the report of the Head of Planning Services be agreed and formally adopted as planning guidance; and

(ii)                 wherever possible, the officers take steps to ensure that the upper floors of shops are brought into occupation.

To consider the draft conservation area appraisal for Leominster Central Conservation Area.

Wards: Leominster North and South

A report was presented by the Team Leader (Building Conservation) setting out proposals to be recommended to the Cabinet Member (Environment and Strategic Housing) for the draft Conservation Area Appraisal for Leominster Central Conservation Area to be published for consultation with relevant parties. He said that at the meeting on 21st April 2006 the Committee had recommended a programme for the preparation of character appraisals and management proposals for 16 conservation areas.  Of these fourteen draft appraisals had been approved for consultation and that Hereford City centre was currently being surveyed.  The appraisal for Leominster Town Centre was comprised of a factual assessment of the special architectural and historic character and appearance of the Conservation Area, together with its setting. The form and content of all the appraisals followed guidance recommended by English Heritage and was endorsed by the Government.  He proposed that only those areas which had special architectural or historic interest and which Council wished to preserve or enhance should be designated as a conservation area. The appraisal had identified minor areas for exclusion and inclusion and the Criteria forming the basis for determining these was set out in the Herefordshire Unitary Development Plan under policy HBA5.  The implications arising from designation were that the Council was required by Statute to pay special attention to the desirability of preserving or enhancing the character or appearance of the conservation area when determining planning applications. Applications had to be advertised and the Council must take account of comments received. Conservation area consent for the demolition of buildings was required and additional planning controls would apply. These primarily relate to the size of freestanding buildings that require planning permission, the size and position of extensions, the type of external cladding, insertion of dormer windows and satellite dishes. Proposed works to trees required prior notice to the Council so that it could consider whether the trees merited a Tree Preservation Order.

He provided the Committee with details about the proposals which were set out in the report and explained the consultation process.  He said that it was intended that some initial consultation would be undertaken although formal comments will be sought at a later stage when management proposals had been developed. The final document for adoption would be prepared for Council approval, having regard to the material comments which would be taken into account.  The issues identified for the conservation areas fell into three categories:

                                                               i.      historic buildings in poor condition building.

                                                             ii.      inappropriate alterations to historic buildings such as modern windows.

                                                            iii.      modern buildings that do not relate to the character of the area.

                                                           iv.      open gaps where street enclosure is desirable.

                                                             v.      untidy land.

                                                           vi.      street clutter and signage; and

                                                               i.      to include areas that are considered to contribute to the special historic  ...  view the full minutes text for item 125.

To determine a response to the Council’s request to the Secretary of State to save policies of the Herefordshire Unitary Development Plan (UDP).

Please note that in the printed version of the Agenda, Appendix 3 is printed separately for Members of the Committee and that the page numbering is different as a consequence.

The Planning Obligations Manager presented a report about a suggested approach to the Secretary of State to save certain policies of the Herefordshire Unitary Development Plan (UDP).  She explained that if this course of action was not followed, the UDP would effectively expire in March 2010, and would no longer form part of the Statutory Development Plan. This would mean that planning applications would have to be determined on the basis of national guidance and policies within the Regional Spatial Strategy, unless material considerations indicated otherwise, and that the Council’s Supplementary Planning Guidance/Documents would no longer form part of the Local Development Framework.  She explained that the UDP was therefore still a very important planning policy framework.  She referred to the details about the policies that were recommended for retention as set out in the report and said that if recommended for approval the next stage would be to submit them to Cabinet in June, Council in July and Government Office for the West Midlands in September.  Once saved, the policies would be in effect until the Local Development Framework (LDF) took effect.

In answer to a question about village and hamlet boundaries and consultation, the Planning Policy Manager said that the existing policies would be retained until replaced by future ones to be determined by Members and that consultation was not therefore necessary at this stage.  Councillor GFM Dawe felt that there were many good policies but that it was not always possible to implement them. For example it was difficult to reconcile P80 on public travel with a reduction in bus services. The Planning Policy Manager said that there were numerous and complex transportation issues and that these would be consulted on at length during the LDF process.  Councillor P Watts enquired about the Supplementary Planning Guidance (SPG) in respect of polytunnels and the Planning Policy Manager said that this would also need to be included within the list of saved policies.  The Committee approved the proposals set out in the report with the addition of the polytunnels SPG.

RESOLVED THAT:

it be recommended to Cabinet that:

(i)                     the Secretary of State be requested to consider the reasoned justification set out in the report of the Head of Planning and Transportation and asked to make a ‘direction’ that the requested policies, including the Supplementary Planning Guidance (SPG) in respect of polytunnels, are saved until their replacement by  relevant Local Development Documents of the Herefordshire Development Framework; and

(ii)                    the Council further requests that continued use of other identified elements of the former planning system be endorsed, including Proposals Maps and Supplementary Planning Guidance/Documents.

For:     Miss L.A. Jenkins & Mr W.Pinkney per Mr A Jenkins, 12 Broad Street, Hay-on-Wye, Herefordshire,  HR3 5DB

To consider an application which has been referred to the Committee because the Northern Area Planning Sub-Committee was mindful to refuse the application, contrary to Council policy and Officer recommendation.

Ward: Castle

The Chairman said that since the preparation of the report there had been a considerable amount of information sent to Members about the application from interested parties.  He therefore suggested that consideration of the application be deferred for a site inspection to view the application site and to become familiar with the surrounding area.  He also proposed that existing kennels should be visited so that the Committee could note its impact on the locality.  The Committee agreed with this proposal.

RESOLVED:

That consideration of planning application DCNW2009/0093/F be deferred for a site inspection.

For:            Governors Staunton-on-Wye Primary per   Architype LTD, Upper Twyford, Hereford, Herefordshire, HR2 8AD

To consider an application which has been submitted to the Committee because it involves a proposed scheme with Council involvement.

Ward: Castle

The Principal Planning Officer presented a report about an application for a new school which would be located on the south-western fringe of Staunton-on-Wye. He advised that an additional letter had been received from Mr. Paul Stephenson, Vine House, Staunton on Wye. The letter reiterated concerns raised previously by Mr Stephenson about the highway situation in Staunton on Wye and the impact on the surrounding area of additional traffic arising from the proposed school.  The letter stated that Mr Stephenson was in favour of the new school, but was concerned that the application had no proper traffic survey to accompany it.  The Principal Planning Officer advised that the applicants had relied on a traffic survey carried out by Halcrow traffic consultants for a previous application for a school on site in 2004. The Council’s Transportation Manager had raised no concerns with regards to this, and raised no objections to the application.  Appropriate conditions were in place in the report to cover all the concerns which had been raised and he did feel that any changes to the recommendation were therefore necessary.

In accordance with the criteria for public speaking, Mr Jones spoke in favour of the application.

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 (Development in accordance with the approved plans )

         Reason. To ensure adherence to the approved plans in the interests of a satisfactory form of development and to comply with Policy DR1 of Herefordshire Unitary Development Plan.

3.      C01 (Samples of external materials )

         Reason: To ensure that the materials harmonise with the surroundings so as to ensure that the development complies with the requirements of Policy DR1 of Herefordshire Unitary Development Plan.

4.      F01 (Restriction on hours of working )

         Reason: To safeguard the amenities of the locality and to comply with Policy DR2 of Herefordshire Unitary Development Plan.

5.      G02 (Retention of trees and hedgerows )

         Reason: To safeguard the amenity of the area and to ensure that the development conforms with Policy DR1 of Herefordshire Unitary Development Plan.

6.      Prior to any development on site details will be submitted and approved in writing by the Local Planning Authority of planting numbers, sizes or species to be planted and fencing colour and specifications.

         Reason: To safeguard the amenity of the area and to ensure that the development conforms with Policy DR1 of Herefordshire Unitary Development Plan.

7.     G11 (Landscaping scheme - implementation )

         Reason: In order to maintain the visual amenities of the area and to comply with Policy LA6 of Herefordshire Unitary Development Plan.

8.      I32 (Details of floodlighting/external lighting )

         Reason: To safeguard local amenities and to comply with Policy DR14 of Herefordshire Unitary Development Plan.

9.      H13 (Access, turning area and parking )

         Reason: In the interests of highway safety and to ensure the free flow of traffic using the  ...  view the full minutes text for item 128.

12th June and 3rd July, 2009

3 July, 2009.