Agenda, decisions and minutes

Venue: The Council Chamber, Brockington, 35 Hafod Road, Hereford

Contact: Ricky Clarke, Democratic Services Officer 

Items
No. Item

99.

APOLOGIES FOR ABSENCE

To receive apologies for absence.

Minutes:

Apologies were received from Councillors BA Durkin, Brigadier P Jones CBE, MF Lloyd-Hayes, G Lucas and RI Matthews

100.

NAMED SUBSTITUTES (if any)

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

Minutes:

In accordance with paragraph 4.1.23 of the Council’s Constitution, Councillors Rone RB Hamilton, JD Woodward, N Nenadich and GA Powell attended the meeting as substitute members for Councillors BA Durkin, Brigadier P Jones CBE, MF Lloyd-Hayes, G Lucas and RI Matthews.

101.

DECLARATIONS OF INTEREST

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

Minutes:

8. DMS/111711/F - LAND AT LOWER LYDE (PARCEL 7209), SUTTON ST NICHOLAS, HEREFORD, HR1 3AS..

Councillor JLV Kenyon, Personal, The Councillor knows the Applicant.

 

10. DMS/112954/F - LAND AT UPPER HOUSE FARM, MORETON ON LUGG, HEREFORD, HR4 8AH..

Councillor J Hardwick, Personal, The Councillor knows the Applicant.

 

102.

MINUTES pdf icon PDF 156 KB

To approve and sign the Minutes of the meeting held on 23 November 2011.

Minutes:

RESOLVED:   That the Minutes of the meeting held on 23 November 2011 be approved as a correct record and signed by the Chairman.

 

 

103.

CHAIRMAN'S ANNOUNCEMENTS

To receive any announcements from the Chairman.

Minutes:

The Chairman advised the Committee that Serinther Atkar, the Locum Lawyer who had been advising the Committee, was leaving the Authority shortly and the current meeting would be his last Planning Committee. The Committee thanked him and wished him the best in his future role.

104.

APPEALS pdf icon PDF 91 KB

To be noted.

Minutes:

The Planning Committee noted the report.

105.

DMS/110919/F - DMS/110920/C - CAMPIONS RESTAURANT, GREYFRIARS AVENUE, HEREFORD, HR4 0BE. pdf icon PDF 265 KB

Demolition of Campions Restaurant and erection of 14 apartments and associated parking, erection of bat shelter.

Decision:

Approved in accordance with the case officer’s recommendation.

Minutes:

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 Rice spoke in objection to the application.

 

In accordance with paragraph 4.8.2.2 of the Council’s Constitution, Councillors SM Michael and JD Woodward, the local ward members, commented on a number of issues, including:

 

·         It was agreed that the site was in need of regeneration.

·         The proposed development was still too imposing and would not enhance the conservation area

·         The ‘green wall’ referred to in the application would have to be maintained, who would be responsible for this.

·         The majority of local residents were against the development.

·         The current site was an eyesore, but it was not right to replace one eyesore for another.

·         The proposed development was too high with three storeys being above the level of the nearby Greyfriars Bridge

·         The application was contrary to Unitary Development Plan policy DR1 as it failed to promote the distinctive character and was not in keeping with the surrounding area due to its scale, mass and height.

·         It was also contrary to UDP policy DR2 as it prejudiced the amenity of the neighbouring dwellings.

·         It was contrary to UDP policy H13 on privacy grounds.

·         Finally it was contrary to UDP policy HBA6 as it did not preserve or enhance the character or appearance of the conservation area.

The debate was opened with members of the Committee speaking in support of the application. They commented that although the design was modern it could fit in with the surrounding buildings due to its detail and quality. It was also noted that the site was derelict at present and that the proposed application would provide a site worthy of a prominent position at one of the gateways into the city. It was also noted that the site had initially been subject of an application for 52 dwellings and it was felt that the current proposal for 14 was more acceptable. It was also felt that both national and local policies had been addressed and any concerns raised had been successfully overcome. The comments from the Council’s Conservation Manager and the withdrawal of Natural England’s objection were also noted.

 

Some Members of the Committee did however have reservations in respect of the application. It was commented that the Council may have missed an opportunity to develop the site into a usage that would benefit the community. In response to this point the Committee were reminded that the site was allocated for housing in the Council’s Unitary Development Plan.

 

Members also discussed the emergency footway to the existing bridge from the site. Concerns were expressed as to how this could be restricted to emergency use only.

 

One Member of the Committee felt that neither the current derelict nature of the site nor the previous refused applications on the site should have a bearing on whether the application was approved as  ...  view the full minutes text for item 105.

106.

DMS/111711/F - LAND AT LOWER LYDE (PARCEL 7209), SUTTON ST NICHOLAS, HEREFORD, HR1 3AS. pdf icon PDF 114 KB

Siting of temporary living accommodation for agricultural worker.

Decision:

Deferred pending a Site Inspection.

Minutes:

The Team Leader (Enforcement) 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 Mrs Stevenson, representing Holmer & Shellack and Pype & Lyde Parish Councils, spoke in objection to the application and Mr Smith, the applicant’s agent, spoke in support.

 

The Chairman advised the Committee that Councillor SJ Robertson, the local ward member, could not be present at the meeting but had prepared a written statement that would be presented by Councillor PJ Edwards. The statement addressed a number of issues, including:

 

·         The application had caused concern as there was a question as to whether the proposed usage could be classed as agricultural.

·         The usage of the site was the rearing of ducks for the game industry.

·         The applicant lived near the site.

·         The site had a difficult and complex planning history.

·         The application was contrary to Unitary Development Plan PPS7.

·         The Committee should attend the site prior to making a decision.

A site visit was proposed on the grounds that the setting and surroundings were fundamental to the determination of the application.

 

Members discussed whether a site visit would be beneficial with the general view being that it would be of benefit to see the site and the surrounding areas prior to making a decision is respect of the application.

 

RESOLVED

 

THAT the determination of the application be deferred pending a site inspection on the following ground:

 

·         The setting and surroundings are fundamental to the determination or to the conditions being considered, and cannot be reasonably made without visiting the site in question.

 

107.

DMS/112395/CD - NORTH MAGAZINE SITE, ROTHERWAS INDUSTRIAL ESTATE, HEREFORD. pdf icon PDF 286 KB

Construction of a flood attenuation scheme comprising a soakaway pond and associated lowered scrape area, 3 no. balancing ponds and shallow swales.

Decision:

Approved in accordance with the case officer’s recommendation.

Minutes:

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 Chairman advised the Committee that Councillor P Sinclair-Knipe, the local ward member, could not be present at the meeting but had prepared a written statement that addressed a number of issues, including:

 

·         Both Dinedore and Lower Bullinghope Parish Councils were happy with the application.

·         The Enterprise Zone was vital to the economic viability of Herefordshire.

·         He supported the application.

The Committee were in support of the application but requested clarification in respect of a number of points including the possible impact on the water levels for Bartonsham Farm and the residents of Park Street; details in respect of the protection and retention of trees on the site; and whether the Environment Agency endorsed the proposal

 

In response to a number of questions asked by the Committee, the Principal Planning Officer advised that the Environment Agency supported the proposal and had been involved in the initial study which had formed the basis of the application. She added that the Environment Agency had responded in detail and had no objection to the application. In response to the question regarding any possible detrimental effect on the residents of Park Street, she confirmed that the proposal would improve the flood issues in that area. She went on to discuss the preservation and retention of trees on the site and confirmed that this was addressed through conditions 3, 4 and 5 which were extremely robust. In summing up she felt that the site had been allowed to become a natural woodland park which needed to be protected and would be through suitable conditions.

 

In response to a further question regarding recreational use of the site for anglers, the Principal Planning Officer confirmed that the proposal was purely for flood alleviation and that any recreational use would require further facilities to be built on the site which would require a recreational permission and further planning consent.

 

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.         Before the development begins a Management Plan for the flood storage area, swales, balancing ponds and associated structures shall be submitted in writing for the approval of the local planning authority.   The Management Plan shall include:

 

a)    A clear indication as to who is to be responsible for all structures and infrastructure for the lifetime of the development

b)    Details of soil handling methodology during construction and after completion, and

c)    Timescales for long-term monitoring and management of the Plan.

 

The Management Plan shall be implemented as approved unless otherwise agreed in writing in advance by the local planning authority in consultation with the Environment Agency or successor authority/ies.

 

Reason: To ensure adequate management of surface water run-off and ensure compliance with policies S1, S2, DR4 and DR7  ...  view the full minutes text for item 107.

108.

DMS/112954/F - LAND AT UPPER HOUSE FARM, MORETON ON LUGG, HEREFORD, HR4 8AH. pdf icon PDF 139 KB

Construction of poultry manager’s dwelling.

Decision:

Approved in accordance with the case officer’s recommendation.

Minutes:

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 paragraph 4.8.2.2 of the Council’s Constitution, Councillors KS Guthrie, the local ward member, commented on a number of issues, including:

 

·         Both Moreton and Burghill Parish Councils were happy with the application.

·         The neighbouring ward member was also happy with the application.

·         Happy to support the recommendation.

 

In response to a question regarding the need for two dwellings on the site the Principal Planning Officer confirmed that the financial and functional tests had been met. She added that the tests had highlighted a need for two poultry managers to reside on the site.

 

Concerns were expressed in respect of the size of the proposed dwelling with one member noting that farm dwellings had previously been limited to approximately 120 m2 whereas the proposed dwelling was approximately 160-170 m2.

 

RESOLVED

 

That planning permission be granted subject to the following conditions:

 

1.         A01 Time limit for commencement (full permission)   ONE YEAR

           

2.         B01 Development in accordance with the approved plans

 

3.         F27 Agricultural occupancy

 

4.         F14 Removal of permitted development rights

 

5.         The development hereby permitted shall not be commenced unless or until a Unilateral Undertaking has been completed to confirm the revocation of planning permissions reference DCCW2004/3699/O and DCCW2207/2438/RM.

 

Reason:  To ensure that only one permission is implemented in the interests of a satisfactory form of development to comply with policies S2, DR2 and H8 of the Herefordshire Unitary Development Plan

 

6.         C01 Samples of external materials

 

7.         G09 Details of Boundary treatments

 

INFORMATIVE:

 

1.         N15 Reason(s) for the Grant of Planning Permission

 

109.

DMN/111756/F - MONSTAY FARM, BURRINGTON, LUDLOW, SHROPSHIRE, SY8 2HE. pdf icon PDF 115 KB

Change of use of agricultural field to camp site and conversion ofstable block to toilet and shower facilities for the campsite.

Decision:

Approved in accordance with the case officer’s recommendation.

Minutes:

The Principal Planning Officer gave a presentation on the application and advised that the application had been bought before the Committee as the applicant’s partner was employed in a politically restricted post with Herefordshire 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.         No caravan shall remain on the site or shall the site be used for the purposes of camping between 1st October in any one year and 31st March in the succeeding year.

 

Reason: To conform to Policy RST14 of the Herefordshire Unitary Development Plan and to protect the visual amenity of the area.

 

4.         G10 Landscaping scheme

 

5.         G11 Landscaping scheme - implementation

 

 

INFORMATIVE:

 

1.         N15 Reason(s) for the Grant of Planning Permission

110.

DATE OF NEXT MEETING

Date of next site inspection -  10 January 2011

 

Date of next meeting -            11 January 2011

Minutes:

The Planning Committee noted the date of the next meeting.

APPENDIX 1 - SCHEDULE OF COMMITTEE UPDATES pdf icon PDF 51 KB