To receive apologies for absence.

Apologies were received from Councillors RC Hunt and PJ Watts.

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

There were no substitute members present at the meeting.

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

11. DMS/110942/F - Marsh Farm, Upton Bishop, Ross on Wye, Herefordshire, HR9 7UP.

Councillor PGH Cutter, Personal.

13. DMS/110810/F - Land nr. Caradoc, Sellack, Herefordshire, HR9 6LS.

Councillor PGH Cutter, Personal.

To approve and sign the Minutes of the meeting held on 15 June 2011.

RESOLVED:   That the Minutes of the meeting held on 15 June be approved as a correct record and signed by the Chairman subject to the amendment detailed below.

                        Item 11, Paragraph 5, Line 2 – Replace the word ‘the’ with ‘they’.

To receive any announcements from the Chairman.

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

To be noted.

The Planning Committee noted the report.

To update the Committee in respect of Planning Enforcement Performance for the period financial year 2010/11.

The Committee requested that local ward members be updated on any progress made with enforcement issues in their ward.

Erection of single 300kW wind turbine (maximum height 66.7m) andassociated infrastructure and access track.

Approved contrary to the case officer’s recommendation.

The Principal Planning Officer gave a presentation on the application and updates / additional representations received following the publication of the agenda were provided in the update sheet. The Principal Planning Officer also verbally reported the receipt of a letter of objection from CPRE and an additional representation from Mrs Edwards, one of the local residents who had objected to the application.

In accordance with the criteria for public speaking Mr Brown, representing some of the local residents, spoke in objection to the application and Mr Thomas, the applicant, spoke in support.

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

• The proposed application could be the first of many if approved.
• Legislative changes could make this one of the last large turbines permitted nationally.
• The proposed turbine was considerable higher than Hereford Cathedral and only 6ft lower than Westminster Abbey.
• Positive aspects of the application were the promotion of green energy and local employment.
• It was however noted that the suggested efficiency of the turbine had been questioned and that the majority of the employment would be through the manufacture phase resulting in jobs abroad.

Members opened the debate by thanking the officers for a detailed report and a thorough site inspection. A number of members did however disagree with the case officer’s recommendation to refuse planning permission.

Members went on to discuss the relevant policy issues and were of the opinion that the application was in accordance with national planning policies PPS1, PPS7 and PPS22 and Herefordshire Council Unitary Development Plan policies LA2 and CF4 and should therefore be approved contrary to the case officer’s recommendation. It was also noted that the turbine would bring much needed green energy to Herefordshire.

The social, educational, environmental, and economic benefits of the application were also debated with specific note made of the applicants’ offer to accept educational visits to the site. It was also noted that neither Docklow and Hampton Wafre Parish Council, Humber, Ford and Stoke Prior Group Parish Council nor Natural England had objected to the application. Members also noted that the Council’s ecological officer and public rights of way officer had not objected to the application and that the conservation manager, who had objected to the application, had also stated that there would be no direct effect on key landscape and character elements.

Some members of the committee did however voice concerns in respect of the impact the application could have on the landscape. It was noted that the site was fairly isolated and granting the application could have an adverse impact on tourism within the county. Members also noted that there had been 35 letters of objection as well as objections from the Ramblers Association and the CPRE.

In response to a question, the principal planning officer confirmed that Carmarthenshire had introduced a 1500 metre separation distance between turbines and residential properties. He added that he had concerns in respect of  ...  view the full minutes text for item 20.

Retain 61 caravans used for residential purposes by temporary agricultural workers (i.e. 23 at 'Oakside', 8 at 'Woodside' and 30 at 'Lakeside') and the retention of a 'welfare block' and refuse storage area at 'Woodside' and a 'recreational' building at 'Oakside'.

Approved in accordance with the case officer’s recommendation.

The Principal Planning Officer gave a presentation on the application and updates / additional representations received following the publication of the agenda were provided in the update sheet.

In accordance with the criteria for public speaking Dr Mayers, representing some of the local residents, spoke in objection to the application and Mr Davison, the applicant, and Mr Woodman, representing the Chamber of Commerce, spoke in support.

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

·         The site visit had been beneficial for members to assess the key issue of the scale of the development.

·         During peak summer times there were 600 workers between the two sites.

·         There was a clear economic benefit to the County as a result of Haygrove farm’s operation.

·         It was imperative to locate the workers from Haygrove Farm on the site in order to reduce noise disturbances as a result of workers walking between Haygrove and Redbank Farm.

·         Agree with the Traffic Manager’s comments.

·         In respect of noise there had only been one noise complaint received by the Environmental Protection team and this had been received after the application had been submitted.

·         Condition 3 was welcomed and would address some of the concerns in respect of noise.

·         The zero tolerance approach to car ownership for workers on the site was welcomed.

·         Mediation between all parties through regular meetings was welcomed.

·         Three additional conditions were proposed to address concerns raised by local residents.

The Democratic Services Officer read out a written representation submitted by Councillor PJ Watts, the neighbouring ward member addressing concerns raised by the residents of Falcon Lane.

Members felt that the site visit had proved beneficial and had given them a chance to view the three residential areas as well as the site as a whole. They noted that there were a number of recreational areas for workers and also noted the clean and tidy nature of the site. It was also noted that the caravans could not be seen from outside of the site due to the use of mature screening and the natural topography of the land.

Members did however note the noise concerns raised by the neighbouring residents and requested that the Environmental Protection Team investigate any complaints as well as monitoring the site closely.

The Committee were disappointed that the orchard had been removed but welcomed the planting of the new orchard.

Members discussed the possibility of the applicant introducing a pool bicycle scheme to allow workers easier access to nearby amenities. 

Councillor PM Morgan was given the opportunity to close the debate. She reiterated her opening remarks as well as recognising the need for improved mediation between all parties.

The Principal Planning Officer advised Members that the application only related to 61 caravans and that the proposed conditions could not be applied to the 36 lawful caravans. In response to a comment from the local ward member he confirmed that it would not  ...  view the full minutes text for item 21.

Two mobile homes and new access on established gypsy site.

Approved in accordance with the case officer’s recommendation.

The Senior Planning Officer gave a presentation on the application and updates / additional representations received following the publication of the agenda were provided in the update sheet.

In accordance with the criteria for public speaking Mr Harris, representing Yarkhill Parish Council, spoke in objection to the application and Mr Jackson, the applicant’s agent, spoke in support.

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

·         Permission had been granted for a single caravan but the current proposal was for an extended family and 3 caravans in total.

·         The application was contrary to policy H12.

·         There were concerns as to the possibility of flooding on the site.

·         There were no adopted policies regarding the extension of gypsy sites.

·         The proposed application would result in the size of the site being trebled in size.

In response to a question from the local ward member, the Senior Planning Officer confirmed that the 40 m2 dimension for the caravan had been determined based on the Councils standard amenity figures. She confirmed that this figure was in respect of each caravan.

Members noted that there was a shortfall in traveller pitches throughout the County and felt that the matter should be addressed as a matter of importance. Members felt that the report had addressed all of the key issues regarding the application and therefore felt that it should be approved in accordance with the case officer’s recommendation.

In response to a proposal to approve one additional caravan on the site the Planning Policy Manager confirmed that the application had to be determined on its merits and that the only way to approve one caravan on the site would be for the committee to refuse the proposed application and request that the applicant submit a new application for one additional caravan.

In response to a number of questions the Senior Planning Officer confirmed that the Environment Agency had confirmed that the site did not fall within the flood plain. She added that the eastern boundary of the site may be susceptible to flooding but that the area where the caravans were sited had not flooded. She also confirmed that each caravan was permitted to have a touring caravan associated with it and that the siting of the touring caravan was restricted to the hardstanding area defined in the application. Finally in response to the request for a personal condition to restrict the usage of the proposed caravans, she confirmed that condition 3 of her recommendation addressed this issue.

Councillor PM Morgan was given the opportunity to close the debate. She reiterated her opening remarks and welcomed the additional condition referred to in the Senior Planning Officer’s updates.

RESOLVED

That planning permission be granted subject to the following conditions:

1.         A01 Time limit for commencement (full permission)

2.         B03 Amended plans

3.         This permission shall be for the benefit of Mr and Mrs D R P Smith and their parents and children  ...  view the full minutes text for item 22.

Retention of farm track.

Approved in accordance with the case officer’s recommendation.

The Team Leader (South) gave a presentation on the application and updates / additional representations received following the publication of the agenda were provided in the update sheet.

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

• The application site had a complex history.
• In 2009 the Planning Department accepted the existence of the track.
• The primary concern was with regard to highway safety.
• The proposed track would provide a safer environment for the residents of Tan House Lane.
• A condition restricted the use of the track to agricultural or farm vehicles would be welcomed.

In response to the comments from the local ward member, the Team Leader (South) advised the Committee that the proposed condition would not be appropriate. He added that an informative note could be added to the recommendation to address the concerns of the local member.

RESOLVED

That planning permission be granted subject to the following conditions:

1.         B01 Development in accordance with the approved plans

2.         The entrance onto the B4221 shall be provided with visibility splays measuring from a point 0.6 metres above ground level at the centre of the access to the application site and 2.4 metres back from the nearside edge of the adjoining carriageway (measured perpendicularly) for a distance of 120 metres in each direction along the nearside edge of the adjoining carriageway.  Nothing shall be planted, erected and/or allowed to grow on the triangular area of land so formed which would obstruct the visibility described above.

Reason: In the interests of highway safety and to conform with the requirements of Policy DR3 of the Herefordshire Unitary Development Plan.

3.         The access gate shall remain set back 12 metres from the adjoining carriageway edge and shall be made to open inwards only.

Reason: In the interests of highway safety and to conform with the requirements of Policy DR3 of Herefordshire Unitary Development Plan.

4.         The new access shall be constructed in accordance with the specification providing in Appendix A1 of Herefordshire Council’s Highways Specification for New Developments’ from the nearside edge of the carriageway for a distance of 15 metres and shall remain in perpetuity.

Reason: In the interests of highway safety to prevent debris from entering onto the public highway.

5.         A highway management plan, including management responsibilities and maintenance schedules for the access and track, shall be submitted to and approved in writing by the local planning authority prior to the use of the new access.  The highway management plan shall be carried out in accordance with the approved details.

Reason: In the interests of the amenity of the adjacent dwellings.

6.         None of the existing trees and/or hedgerows on the site (other than those specifically shown to be removed on the approved drawings) shall be removed, destroyed, felled, lopped or pruned without the prior approval in writing of the local planning authority.

Reason: To safeguard the amenity of the area and to ensure  ...  view the full minutes text for item 23.

Revised access layout (previously approved application DMSE/100075/F).

Delegated approval subject to further discussions with the applicant.

The Team Leader (South) gave a presentation on the application and updates / additional representations received following the publication of the agenda were provided in the update sheet.

In accordance with the criteria for public speaking Mr Bailey, representing Llangarron Parish Council, and Mr Pridgeon, a neighbouring resident, spoke in objection to the application and Mr Pearson, the applicant, spoke in support.

The Chairman advised the Committee that the local ward member could not be present at the meeting as she was on holiday.

In response to a question regarding the need to close the existing road the Team Leader (South) advised members that the original access had suffered from poor east and west visibility and the proposed application had been submitted in order to address the concerns of the Area Engineer.

Members considered deferring the determination of the application pending a site inspection and further discussions with all parties to address the concerns raised.

In response to the request for a deferral, the Team Leader (South) advised the Committee that they could choose to delegate the decision to Officers in consultation with the local ward member. If a suitable solution could not be achieved and agreed with the local ward member, the application would come back before the committee at a later date.

RESOLVED

THAT Officers named in the Scheme of Delegation to Officers in consultation with the local ward member be authorised to seek to negotiate a revised access arrangement to overcome local concerns regarding highway safety and the potential increase in agricultural vehicles through the village.

Carport to Plot 1 and five garages to replace garden sheds.

Refused contrary to the case officer’s recommendation.

The Principal Planning Officer gave a presentation on the application and updates / additional representations received following the publication of the agenda were provided in the update sheet.

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

Some Members of the Committee noted the concerns of the public speaker and felt that the application constituted development creep. Members noted the policy issues and were of the opinion that the application was contrary to policy DR1 of the Council’s Unitary Development Plan due to the density, design, scale and mass of the proposal.

The comments of the Council’s Conservation Manager were also noted and members agreed that approval of the application would result in a cramped appearance, undesirable in the wider landscape setting.

One Member of the Committee noted that the proposed application was solely for the garages and that the overall development was not being considered. The officer’s recommendation was noted.

A further information report was not requested from the Planning Policy Manager or the Locum Lawyer, representing the Monitoring Officer and therefore the Committee proceeded to the vote.

RESOLVED:

That the application be refused, contrary to the officer’s recommendation, for the following reasons:

1.         The application is contrary to Policy DR1 of the Council’s Unitary Development Plan in terms of density, design, scale and mass.

2.         The application would result in a cramped appearance, undesirable in the wider landscape setting.

Extension to provide study & dressing room.

Approved in accordance with the case officer’s recommendation.

The Principal Planning Officer gave a presentation on the application and updates / additional representations received following the publication of the agenda were provided in the update sheet.

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.         C02 Matching external materials (extension)

Informative:

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

Date of next site inspection -  19 July 2011

Date of next meeting -            20 July 2011

The Planning Committee noted the date of the next meeting.