To receive apologies for absence.

Apologies were received from Councillors KS Guthrie, AP Taylor and PJ Watts.

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 KG Grumbley attended the meeting as a substitute member for Councillor KS Guthrie.

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

10. DMS/103173/F - Caradoc Court, Sellack, Ross-on-Wye, Herefordshire, HR9 6LS.

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

To approve and sign the Minutes of the meeting held on 2nd February, 2011.

RESOLVED:  That the Minutes of the meeting held on 2 February 2011 be approved as a correct record and signed by the Chairman.

To receive any announcements from the Chairman.

There were no announcements from the Chairman.

To note recent planning appeal activity.

The Committee noted the report.

Demolition of buildings and re-development of Holme Lacy Campus with a new masterplan, associated buildings and access alterations.

The Development Manager reported that English Heritage were carrying out a further assessment of Bower House in respect of its suitability for Listing. In these circumstances the Assistant Director Environment Planning and Waste considered it was appropriate to withdraw the application from the Agenda.

New industrial unit to supply medicines and feed.

The Development Manager 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 Hughes and Mr Jones spoke in support of the application.

In accordance with paragraph 4.8.2.2 of the Council’s Constitution, Councillors RI Matthews and SPA Daniels, two of the local ward members, commented on a number of issues, including:

• concerns had been raised that the cattle market was not set as far back off Roman Road as had been initially indicated and that the new proposal constituted creeping development;
• any planning permission should be subject to a section 106 agreement to provide funds for a footpath and cycle path from the A4103/A480 roundabout towards Credenhill;
• concerns were expressed in respect of landscaping on the site. Local ward members should be consulted on landscaping proposals;
• hours of operation should be reduced from 8am to midday on Saturdays instead of 8am to 1:00pm;
• the application site should be referred to as the Cattle Market site and not as a Business Park;
• it needs to be ensured that the public rights of way across the land are protected; and
• the landscaping scheme for the area should be commenced immediately in order to address local concerns and take advantage of the growing season.

The Development Manager noted the comments from the local ward members and was in agreement that landscape planting should commence at the earliest opportunity. He noted the comments regarding delivery times but felt that it was imperative for the operation to have consistency between opening and delivery times. He did not consider that the criteria had been met for a Section 106 agreement to be required for a footpath/cycleway towards Credenhill in respect of this application. He advised Members that any funds requested would have to be as a direct necessity of the application and be reasonably related and that this was not the case.  The Locum Lawyer advised that a unilateral agreement could be sought from the applicants to provide the funding required by the local ward member.  Another alternative would be to make a request to them and he confirmed the view of the Development Manager that a Section 106 agreement could not lawfully be imposed.

Councillors Matthews and Daniels were given the opportunity to close the debate in accordance with the Council’s Constitution. They reiterated their opening remarks and made additional comments about the need for development to be limited in the area and for the footpath/cycleway to be provided in accordance with assurances previously given by the Council

RESOLVED

That planning permission be granted subject to the following conditions:

1.         A01 Time limit for commencement (full permission)

2.         B01 Development in accordance with the approved plans

3.         C01 Samples of external materials

4.         F02 Restriction on hours of delivery

5.         F03 Restriction on hours of opening

6.         F06 Restriction on Use

7.         G10 Landscaping scheme

8.  ...  view the full minutes text for item 123.

Outline permission for the erection of a detached residential dwelling.

The Principal Planning Officer presented a report about application for Outline permission for the erection of a detached on land forming part of the rear garden of Yew Tree Cottage. 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, Wilson, representing Bartestree Parish Council, and Mrs Seabright, a neighbouring resident, spoke in objection to the application, and Mr Groom, the applicant’s agent, spoke in support.

In accordance with paragraph 4.8.2.2 of the Council’s Constitution, Councillor DW Greenow, the local ward member, commented on the application.  He was concerned about:

·         the dimensions of the proposed dwelling;

·         the location in a rear garden;

·         highway safety issues regarding the access; and

·         its detrimental impact on the amenity of neighbouring residential properties through overlooking and potential noise disturbance.

The Committee shared the concerns of the local ward member and the officers about the location, size and impact of the proposed dwelling and noted the concerns which had been raised about the highway safety issues regarding the access.  It was also noted that Planning Policy Guidline PPS3 no longer included provision for the development of garden land within its definition of the redevelopment of brownfield land.

Councillor Greenow was given the opportunity to close the debate in accordance with the Council’s Constitution. He reiterated his opening remarks and made additional comments about the highway safety issues of increasing use of an existing access on a busy road adjoining a pedestrian crossing.

RESOLVED

That planning permission be refused for the following reasons:

1.         The visibility offered by the proposed point of vehicular access is significantly substandard and cannot be improved without incorporating land in third party ownership.  The intensified use of the access is considered to represent a threat to highway safety on this busy main road and the application is thus considered contrary to Policy DR3 of the Herefordshire Unitary Development Plan 2007.

2.         The erection of a dwelling in this location would result in an increase in vehicular and pedestrian movements and activity in close proximity to the rear private gardens of existing dwellings.  The development would also result in the loss of privacy to existing private gardens, whereas the application site is subject to overlooking from existing dwellings.  As a consequence the development would generate activity and disturbance in excess of what could reasonably be associated with a typical residential curtilage, result in an unacceptable loss of privacy and fail to provide acceptable levels of amenity for future occupants.  The development would thus harm the amenity of adjoining residents in a manner contrary to Policies DR2 and H13 of the Herefordshire Unitary Development Plan 2007.

3.         The erection of a 2-storey detached dwelling in this location would constitute a cramped and incongruous form of development that would fail to promote or reinforce the distinctive character and appearance of the locality, particularly in relation to its layout.  The proposal  ...  view the full minutes text for item 124.

Application to vary Condition 9 of Planning Permission DMSE/093151/F to enable installation of domestic heating oil tanks.

The Principal Planning Officer gave a presentation and provided updates on an application to vary Condition 9 of Planning Permission DMSE/093151/F to enable the installation of domestic heating oil tanks at the property. The updates and additional representations received following the publication of the agenda are appended to these minutes.

In accordance with the criteria for public speaking, Mr Harvey, a neighbouring resident, spoke in objection to the application.

The Committee discussed the merits of the application.  Some concerns were expressed about the visual aspects of the tanks in an area of outstanding natural beauty and the need for it to be ensured that suitable landscaping conditions were attached to any permission that was granted. There were also concerns expressed about piecemeal planning applications being submitted in respect of the site.  The Locum Solicitor explained that alterations had to be dealt with in this way because permitted development rights had been removed when the original planning permission had been granted. 

Having considered all the points that had been made about the application, The Committee decided that it should be granted.

RESOLVED

Subject to no objections raising material planning considerations being received by the expiry of the statutory consultation period and conditions being imposed in respect of landscaping, Officers be authorised to grant planning permission subject to the following conditions:

1.         B04 Amendment to existing permission

2.         B01 Development in accordance with the approved plans

Informative:

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

Date of next site inspection - Tuesday 15th March 2011

Date of next meeting - Wednesday 16th March 2011

The Committee noted the date of the next meeting.