To receive apologies for absence.

Apologies were received from Councillors GFM Dawe, G Lucas, RI Matthews and AP Taylor.

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

In accordance with paragraph 4.1.23 of the Council’s Constitution, Councillor SPA Daniels attended the meeting as a substitute member for Councillor AP Taylor and Councillor PJ McCaull attended the meeting as a substitute member for Councillor RI Matthews.

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

11. DMSE/100298/O - Land opposite Cattle Market, Netherton Road, Ross On Wye, Herefordshire, HR9 7QQ.

Councillor PGH Cutter, Personal, Sits on the AONB Board.

To approve and sign the Minutes of the meeting held on 15 December 2010.

RESOLVED:   That the Minutes of the meeting held on 15 December 2010 be approved as a correct record and signed by the Chairman.

To receive any announcements from the Chairman.

The Chairman introduced the Officers who were present at the meeting.

To be noted.

The Committee noted the report.

Continue to erect, take down and re erect polytunnels rotated around fields as required (Retrospective)

The Principal Planning Officer gave a presentation on the application and updates / additional representations received following the publication of the agenda were provided; the schedule of committee updates is appended to these minutes.

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

In accordance with paragraph 4.8.2.2 of the Council’s Constitution, Councillor JW Hope, the local ward member, commented on a number of issues, including:

• The updates sheet contained details of a letter from a local resident thanking the applicant for the way he had worked with local residents in respect of the application.
• The application should be supported.

Members noted that agriculture had changed and that Polytunnels were now an essential part of agricultural working. They felt that it was their duty to support local industry and were of the opinion that the benefit to the local economy outweighed the environmental impact.

In response to a question, the Principal Planning Officer advised that there would be a buffer zone alongside the access road to Field Cottage.

Councillor JW Hope was given the opportunity to close the debate but chose to make no additional statement.

RESOLVED

1.                  The Head of Legal and Democratic Services be authorised to complete the planning obligation under Section 106 of the Town and Country Planning Act 1990 in accordance with the Heads of Terms (attached as annex).

2.         Upon completion of the above-mentioned planning obligation Officers named in the Scheme of Delegation be authorised to issue planning permission subject to the following conditions:-

1.         The scheme for the provision and implementation of a surface water regulation system as described in the Flood Risk Assessment (Envireau Water 8/08/10) must be submitted to and approved in writing by the Local Planning Authority within three months of the date of this decision notice.  Such a scheme shall be implemented to the reasonable satisfaction of the Local Planning Authority prior to the construction of any impermeable surfaces draining to the system.

Reason:  To prevent the increase in flooding caused by additional surface water run-off from the polytunnel development and to comply with Policy DR7 of the Herefordshire Unitary Development Plan.

2.         The recommendations set out in the ecologist’s reports dated June 2009 and June 2010 will be followed, unless otherwise agreed in writing by the Local Planning Authority with an agreed timetable within 3 months of the date of this decision notice, and the works shall be implemented as approved.  A habitat protection, enhancement and management scheme based upon the recommendations in the above reports shall be submitted to the Local Planning Authority within three months of the date of this decision notice.  This shall be implemented as approved with the agreed timetable thereafter.  The results of monitoring surveys will be submitted to the Local Planning Authority by 31st December in any year that they are undertaken.  A qualified and experienced Clerk of Works will be appointed (or consultant engaged in that capacity) to oversee the ecological mitigation  ...  view the full minutes text for item 96.

Continue to erect, take down and re erect polytunnels rotated around fields as required (Retrospective)

The Principal Planning Officer gave a presentation on the application and updates / additional representations received following the publication of the agenda were provided; the schedule of committee updates is appended to these minutes.

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

In accordance with paragraph 4.8.2.2 of the Council’s Constitution, Councillor JW Hope, the local ward member, advised the Committee that he supported the application and drew their attention to the comments he made on the previous agenda item.

In accordance with paragraph 4.8.2.2 of the Council’s Constitution, Councillor AJM Blackshaw, the neighbouring ward member, agreed with the comments from the local ward member and supported the application.

In response to a question, the Principal Planning Officer advised that the Environment Agency and the Council’s Ecologist had both been consulted with and that they were both satisfied with the drainage appraisal. In response to a further question he added that there was a condition attached to the recommendation to protect the public footpath on the site.

Councillor JW Hope was given the opportunity to close the debate but chose to make no additional statement.

RESOLVED

1.   The Head of Legal and Democratic Services be authorised to complete the planning obligation under Section 106 of the Town and Country Planning Act 1990 in accordance with the Heads of Terms (attached as annex).

2.   Upon completion of the above-mentioned planning obligation Officers named in the Scheme of Delegation be authorised to issue planning permission subject to the following conditions:-

1.         The scheme for the provision and implementation of a surface water regulation system as described in the Flood Risk Assessment (Envireau Water 8/08/10) must be submitted to and approved in writing by the Local Planning Authority within three months of the date of this decision notice.  Such a scheme shall be implemented to the reasonable satisfaction of the Local Planning Authority prior to the construction of any impermeable surfaces draining to the system.

Reason:  To prevent the increase in flooding caused by additional surface water run-off from the polytunnel development and to comply with Policy DR7 of the Herefordshire Unitary Development Plan.

2.         The recommendations set out in the ecologist’s reports dated June 2009 and June 2010 will be followed, unless otherwise agreed in writing by the Local Planning Authority with an agreed timetable within three months of the date of this decision notice and the works shall be implemented as approved.  A habitat protection, enhancement and management scheme based upon the recommendations in the above reports shall be submitted to the Local Planning Authority within three months of the date of this decision notice.  This shall be implemented as approved with the agreed timetable thereafter.  The results of monitoring surveys will be submitted to the Local Planning Authority by 31st December in any year that they are undertaken.  A qualified and experienced Clerk of Works will be appointed (or consultant engaged in that capacity) to oversee the ecological  ...  view the full minutes text for item 97.

Continue to erect, take down and re erect polytunnels rotated around fields as required (Retrospective)

The Principal Planning Officer gave a presentation on the application and updates / additional representations received following the publication of the agenda were provided; the schedule of committee updates is appended to these minutes.

In accordance with the criteria for public speaking Mrs Flint, a neighbouring resident, spoke in objection to the application and Mr Price, the applicant, spoke in support.

In accordance with paragraph 4.8.2.2 of the Council’s Constitution, Councillor AJM Blackshaw, the local ward member, commented on a number of issues, including:

• The report was detailed and balanced.
• Polytunnels were essential on the site and would provide an economic benefit.
• The proposed buffer zones would address some of the concerns from the local residents.
• Concerns had been raised in respect of crop spraying and other issues which could be addressed informally by the applicant now that he was aware of them.

In response to a question regarding the concerns raised by the Parish Council in respect of the road, the Principal Planning Officer confirmed that the transportation officer had not objected to the application. The Development Manager added that the road in question was a council maintained road and that the proposed application should not result in the road network being overloaded.

The Committee felt that it was essential that lines of communication were set up between the applicant and the neighbouring residents. Members noted the success of the liaison group which had been implemented at S&A Davies’ site at Brierley and felt that a similar scheme should be introduced for the proposed application.

The Principal Planning Officer advised Members that the issue of contaminated land had been addressed with the Council’s Environmental Health team and that an appropriate informative note in the recommendation addressed this issue.

Members went on to discuss the possibility of a working hours condition. It was noted that agricultural work cycles were determined by the weather, and that agricultural workers needed to work when weather was fine even if it was early in the morning. It was therefore deemed that a working hours restriction would not be viable. The Development Manager advised the Committee that the proposed buffer zone should address the concerns of neighbours more effectively than a working hours restriction.

Councillor AJM Blackshaw was given the opportunity to close the debate but chose to make no additional statement.

RECOMMENDATION

1.         The Head of Legal and Democratic Services be authorised to complete the planning obligation under Section 106 of the Town and Country Planning Act 1990 in accordance with the Heads of Terms (attached as annex).

2.         Upon completion of the above-mentioned planning obligation Officers named in the Scheme of Delegation be authorised to issue planning permission subject to the following conditions:-

1.         The scheme for the provision and implementation of a surface water regulation system as described in the Flood Risk Assessment (Envireau Water 8/08/10) must be submitted to and approved in writing by the Local Planning Authority within three months of the date of this decision notice.  ...  view the full minutes text for item 98.

Continue to erect, take down and re erect polytunnels rotated around fields as required (Retrospective)

The Principal Planning Officer gave a presentation on the application and updates / additional representations received following the publication of the agenda were provided; the schedule of committee updates is appended to these minutes.

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

In accordance with paragraph 4.8.2.2 of the Council’s Constitution, Councillor JW Hope, the local ward member, advised the Committee that he supported the application and drew their attention to the comments he made on the other applications submitted by the applicant.

Members made a further reference to the liaison group which had been implemented at S&A Davies’ site at Brierley and felt that a similar scheme should be introduced for the proposed application.

Councillor JW Hope was given the opportunity to close the debate but chose to make no additional statement.

RECOMMENDATION

1.         The Head of Legal and Democratic Services be authorised to complete the planning obligation under Section 106 of the Town and Country Planning Act 1990 in accordance with the Heads of Terms (attached as annex).

2.         Upon completion of the above-mentioned planning obligation Officers named in the Scheme of Delegation be authorised to issue planning permission subject to the following conditions:-

1.         The scheme for the provision and implementation of a surface water regulation system as described in the Flood Risk Assessment (Envireau Water 8/08/10) must be submitted to and approved in writing by the Local Planning Authority within three months of the date of this decision notice.  Such a scheme shall be implemented to the reasonable satisfaction of the Local Planning Authority prior to the construction of any impermeable surfaces draining to the system.

Reason:  To prevent the increase in flooding caused by additional surface water run-off from the polytunnel development and to comply with Policy DR7 of the Herefordshire Unitary Development Plan.

2.         The recommendations set out in the ecologist’s reports dated June 2009 and June 2010 will be followed, unless otherwise agreed in writing by the Local Planning Authority with an agreed timetable within three months of the date of this decision notice and the works shall be implemented as approved.  A habitat protection, enhancement and management scheme based upon the recommendations in the above reports shall be submitted to the Local Planning Authority within three months of the date of this decision notice.  This shall be implemented as approved  with the agreed timetable thereafter.  The results of monitoring surveys will be submitted to the Local Planning Authority by 31st December in any year that they are undertaken.  A qualified and experienced Clerk of Works will be appointed (or consultant engaged in that capacity) to oversee the ecological mitigation and enhancement work.

Reason:  To ensure that all species are protected having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010, Policies NC1, NC6, NC7, NC8 and NC9 of the Herefordshire Unitary Development Plan and Planning Policy Statement 9: Biodiversity and Geological  ...  view the full minutes text for item 99.

Light industrial units B1 use.

The Principal Planning Officer gave a presentation on the application and updates / additional representations received following the publication of the agenda were provided; the schedule of committee updates is appended to these minutes.

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

In accordance with paragraph 4.8.2.2 of the Council’s Constitution, Councillor PGH Cutter, one of the local ward members, commented on a number of issues, including:

• The primary concerns related to ecology on the site. However the recent survey had found no ecological issues.
• The area was an industrial estate and was therefore an appropriate area for industrial development.
• It was important to promote businesses in Herefordshire’s market towns.
• The issue of the land being ‘built up’ could be addressed by appropriate conditions.

In response to a question, the Senior Planning Officer confirmed that the application was for outline approval only but that the indicative plans did indicate that there would be an access at the back of the units.

Members noted that the site was in a poor condition due to the lack of any general upkeep and the ongoing fly-tipping problem in the area. They felt that the development would improve the site dramatically and also felt that the proposed buffer zone would improve the ecology of the site by encouraging wildlife.

The Development Manager advised Members that the proposal was not acceptable for the site. He added that the site was within an AONB, and that any approval would have an adverse impact on the landscape and ecology of the area. In response to a further point he stated that although the ecology report hadn’t identified any rare species, the brook still needed to be preserved as wildlife could migrate to the site in the future. He noted that the brook was only 5 metres away from the proposed industrial units.

Some Members voiced their concerns in respect of ecology and landscaping on the site as well as concerns regarding the proposed level of infill required for the site due to its topography. They also noted that the application was contrary to a number of planning policies as set out in the Officer’s recommendation.

The Locum Lawyer and the Development Manager had a brief discussion in respect of section 4.8.10.2 of the Council’s Constitution regarding the Further Information Report process. The Development Manager and the Locum lawyer, representing the Monitoring Officer, both felt that a Further Information Report would not be required and therefore the Committee could proceed to the vote.

Councillor Cutter was given the opportunity to close the debate in accordance with the Council’s Constitution. He reiterated his opening remarks and commented on a number of additional issues, including:

• Model Farm was intended for technological enterprises in a live/work environment however there had been little progress with the site in the previous 4 years.
• Alton Road was filling up and also had planning permission for a residential care home which would take additional space.  ...  view the full minutes text for item 100.

Forming of new access and site road. Construction of new packing shed.  Erection of 2 no. polytunnels. Placing of 4 no. mobile storage units on site.

The Principal Planning Officer gave a presentation on the application and updates / additional representations received following the publication of the agenda were provided; the schedule of committee updates is appended to these minutes.

In accordance with the criteria for public speaking Mrs Reynolds, representing Burghill Parish Council, and Mrs Roberts, a local resident, both spoke in objection to the application, and Mr Ball, the applicant’s agent, spoke in support.

In accordance with paragraph 4.8.2.2 of the Council’s Constitution, Councillor SR Robertson, the local ward member, commented on a number of issues, including:

• There were a number of local concerns regarding the highways and road safety.
• 55 metres of hedgerow would have to be removed to allow for a suitable access.
• The translocation of hedgerow was not always successful.
• There was no footpath so people would have to walk along a busy road. There had been a number of accidents on the road including an incident where 2 horses were killed in a collision with a motor vehicle.
• The site was in a dominant position and would therefore change the character of the area.
• There would be no new employment opportunities as all of the staff would be moved from the current operation.
• The site was not suitable for any further expansion.
• The applicant’s son was a local resident who lived within the parish, he wished his support for the application to be noted.
• In 1999 an access onto the road was refused due to Highways concerns.
• Concerns had been raised due to the volume of water to be extracted from the site.

In response to a number of questions, the Principal Planning Officer confirmed that there was a maximum capacity for 20 cubic metres of water to be extracted from the site although this would not all be used. She also confirmed that the application proposed the removal of 55 metres of hedgerow although some of this would be translocated. Finally she added that her discussions with the Highways team had not identified any recorded accidents on the highway.

Members discussed the application and felt that the siteline and visibility would be greatly improved if the application was approved. They felt that a number of the objections regarding screening, and the site in general could be addressed through appropriate conditions. On balance they felt hat the Committee should be seen to be supporting rural enterprises and felt that the application should be approved.

Members made particular reference to the issue of screening and felt that it would be appropriate to ensure that mature trees were used to protect the neighbouring residents. In response the Principal Planning Officer advised that Members could condition a landscape management plan which could address the height and species of any proposed screening

Members also noted that the access would be improved for the neighbouring resident as a result of the improvements to the site. Members noted that the access to the site was onto the C1099 which ran from Tillington to Credenhill.  ...  view the full minutes text for item 101.

Site for erection of affordable home.

The Principal Planning Officer gave a presentation on the application and updates / additional representations received following the publication of the agenda were provided; the schedule of committee updates is appended to these minutes.

In accordance with the criteria for public speaking Mr Allcock, representing Mr and Mrs Meek, spoke in objection to the application and Mr Minton, the applicant, spoke in support.

In accordance with paragraph 4.8.2.2 of the Council’s Constitution, Councillor PD Price, the local ward members, commented on a number of issues, including:

• The previous application was withdrawn and not refused as stated at 3.1 of the report.
• The applicant’s son suffered from Prada Willi syndrome resulting in learning difficulties and an eating disorder.
• The applicant’s son required almost constant supervision and there were 3 generations of the applicant’s family in Bredwardine who were willing to assist.
• The local community and parish council were both in support of the application.
• Due to the nature of the eating disorder, the applicant’s son needed to be away from services such as shops and supermarkets.
• Policy DR2 was not appropriate for a single dwelling.
• The building of one dwelling would not significantly impact on policy H2.
• Bredwardine had no settlement boundary so the proposed dwelling could not be referred to as ‘outside of the settlement boundary’ therefore policy H7 should not be considered.
• The application was actually in accordance with Policy H10 as there was clear evidence of a long term local need.
• The dwelling could be made affordable in perpetuity subject to a suitable condition.
• Although the site was currently green field it was previously a residential dwelling with the final remains cleared from the site in 1958.

Members discussed the report and noted the sensitive issues regarding the application. They felt that in their opinion there was a long term local need for the dwelling and that therefore it was not contrary to Policy H10 of the Council’s Unitary Development Plan. It was also noted that there had previously been a residential dwelling on the site, albeit some years ago.

Members also discussed the issue of affordable housing and they were clear in their minds that any dwelling on the site should remain affordable in perpetuity. The Development Control Manager advised that this could be achieved through a Section 106 agreement between the applicant and Herefordshire Council. He added that the Section 106 agreement could also cover the issue of a trust fund which had been raised by the applicant.

The Development Manager voiced his concerns in respect of the application and felt that it was contrary to planning policy. He advised Members that there was a need to protect the countryside; that the site was not an appropriate site for a new dwelling and that it was contrary to planning policy. He added that policy H10 addressed sites which were within or adjoining the settlement boundary and that in his opinion the proposed site did not fulfil this criteria. The Locum Lawyer concurred with the Development  ...  view the full minutes text for item 102.

Site inspection [provisional]                   -     1 February 2011

Next scheduled Planning Committee    -     2 February 2011

Members noted the date of the next meeting.