Apologies were received from Councillors DW Greeenow, JG Lester and GR Swinford.

To 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, Councillors P Rone and WLS Bowen attended the meeting as substitute members for Councillors JG Lester and GR Swinford.

7. 130351/F - Land South of the B4349 and West of the C1221, Kingstone, Herefordshire, HR2 9HP.

Councillor FM Norman, Non-Pecuniary, The Councillor advised that she had met the applicant several times.

Councillor J Hardwick, Non-Pecuniary, The Councillor advised that he knew the applicant.

Councillor MAF Hubbard, Non-Pecuniary, The Councillor advised that he had met the applicant several times.

8. 130940/CD and 130983/CD - Leominster Infant and Junior Schools, Hereford Road, Leominster.

Councillor Brig P Jones CBE, Non-Pecuniary, The Councillor advised that he was the Chair of Governors for the Mortimer School.

Councillor FM Norman, Non-Pecuniary, The Councillor advised that she was a Governor for the Mortimer School.

Councillor RC Hunt, Disclosable Pecuniary, The Councillor advised that he was a Governor for the Leominster Junior School.

11. 130779/F - Land at Orchard House, Credenhill, Herefordshire.

Councillor J Hardwick, Non-Pecuniary, The Councillor advised that he knew the applicant.

12. 130870/N - Leadon Court Farm, Fromes Hill, Herefordshire, HR8 1QJ.

Councillor J Hardwick, Non-Pecuniary, The Councillor advised that he knew the applicant.

To approve and sign the Minutes of the meeting held on 15 May 2013.

RESOLVED:  That the Minutes of the meeting held on 15 May 2013 be approved as a correct record and signed by the Chairman.

The Chairman advised the Committee that cakes were being sold in the glass link in order to raise money for research into motor neurone disease.

Erection of 150 dwellings (mix of 1-5 bed), new employment (commercial and live work units), community building, 1.4 hectares of public open space, community orchards and allotments, play areas, cycle and footpaths, bus stop and pedestrian crossing.

The application was 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.

Members had asked for clarification on a number of points at the recent Planning Committee Site Inspection. The Principal Planning Officer advised that:

·         The distance from the development to the community centre and shop was 600m, the distance to the Doctors’ Surgery and school was less than 150 metres.

·         The land transfer to the housing association had been put on hold pending the outcome of the proposed application and an additional appeal for 35 dwellings at Kingstone.

·         The proposed cladding, Cedar and UK grown Douglas Fir, would have a life span of approximately 60 years.

·         The Passivhaus standard was the most rigorous in Europe and resulted in heating costs of £70 per year.

·         There were currently 470 households in Kingstone and the population, based upon average occupancy of 2.3 persons, was estimated at 1081 people, making it the fifth largest village in the County.

In accordance with the criteria for public speaking, Mr Wright, representing Kingstone and Thruxton Parish Council and Mr Barton, a neighbouring resident, spoke in objection to the application and Mr Hines and Mr Murrin-Earp, the applicant and a supporter, spoke in support.

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

·         The local residents were unhappy with the application with 95% of local people in objection to it.

·         A freedom of information request had identified that £3000 had been paid to the Planning Department in 2011 for pre-application advice.

·         Reference had also been made in the report to CIL contributions to the Council.

·         Surprised that officers had not declared an interest in the application.

·         Further concerned that it appeared that the case officer was reviewing his own work.

·         The local MP had also stated that the application had been handled incorrectly.

·         A comment was made regarding an email exchange between the case officer and the Housing Development Manager, with particular mention made of the informal tone of the correspondence.

The Chairman and Vice-Chairman interjected on three occasions to advise the local ward member in respect of comments made about the case officer. The local ward member was further advised to limit his comments to matters regarding the application. Following the advice from the Chairman and Vice-Chairman the local ward member made the following comments:

·         35 new homes in the area had been refused by the Planning Committee recently.

·         The reasons given for refusing the previous application in Kingstone included; the application was outside of the settlement boundary; the application did not satisfy the exceptional criteria as set out in the NPPF; the application was contrary to 3,5 and 6 of policy H10 of the UDP; the proposed development was a mixed development; the application was deficient in terms of paragraph 14 of the NPPF; the impact would outweigh the benefits of the  ...  view the full minutes text for item 7.

Development of a new primary school on three levels, located on an existing playing field followed by the demolition of the existing infants and junior schools.

Demolition of existing school building, site clearance and the development of school playing fields.

The application was 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. Particular reference was made to the comments of Welsh Water which required two additional conditions to be added to the recommendation.

In accordance with the criteria for public speaking, Mr Parker and Mr Wright spoke in support of the application.

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

·         The proposal was a vast improvement on the previously withdrawn application.

·         The application was needed as the current school was deteriorating.

·         The proposed design was the best for the budget available.

·         The school was now contained within the site and did not spread onto the neighbouring field.

The Committee discussed the application and were fully in support of it. Some comments were made regarding the possibility of adding solar PV panels at a later stage; the importance of a sustainable travel plan and the possibility of a 20mph limit around the school.

Councillor McCaull was given the opportunity to close the debate. He reiterated his opening remarks and requested that the application be approved.

RESOLVED

For planning application 130940/CD:

That subject to there being no objection from Sport England, 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.         G03 Retention of existing trees/hedgerows

5.         G04 Protection of trees/hedgerows that are to be retained

6.         G10 Landscaping scheme

7.         G11 Landscaping scheme - implementation

8.         Prior to the commencement of the development hereby approved a Construction & Delivery Traffic Management Plan shall be submitted to and approved in writing by the local planning authority.  The plan should cover the following points:

a. Details of a routing agreement with construction and delivery vehicle operatives to ensure that all traffic enters and leaves the site via Hereford Road and Southern Avenue.

b. The method to segregate construction and delivery vehicles from school traffic at the point of access onto Hereford Road.

c. The arrival and departure of construction and delivery vehicles will not be permitted between 0815 to 0915 and 1445 to 1615 Monday to Friday.

Reason: In the interests of highway safety so that potential conflicts between construction and school traffic are avoided and to comply with Policy DR3 of the Herefordshire Unitary Development Plan.

9.         H21 Wheel washing

10.       H27 Parking for site operatives

11.       H29 Secure covered cycle parking provision

12.       H30 Travel plans

13.       I16 Restriction of hours during construction

14.       I41 Scheme of refuse storage (commercial)

15.       I43 No burning of material/substances

16.       I55 Site Waste Management

17.       Prior to the commencement of the development hereby approved a scheme for the comprehensive and integrated drainage of the site, showing how foul water, surface water and land drainage will be dealt with has been submitted  ...  view the full minutes text for item 8.

Proposed outline permission for a residential development of 16 no. Dwellings with associated infrastructure including alterations on A438 plus drainage and landscaping with all matters reserved except for access.

The determination of the application was deferred pending further discussions with the applicant in respect of highway and drainage concerns.

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 Geeson, representing Breinton Parish Council and Col. Farnes, a neighbouring resident, spoke in objection to the application and Mrs Tagg, the applicant, spoke in support.

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

·         Three previous applications had been refused in the area as they were contrary to UDP Policy H7. This application was also contrary to H7.

·         The application must be considered on its merits.

·         There had been unrecorded accidents on Kings Acre Road so the figures provided were not accurate.

·         The Transport Manager had admitted that there was an issue with visibility hence why he had proposed closing part of the well-used layby.

·         The application was contrary to DR3, DR4 and DR7 of the UDP.

·         There was a serious issue with flooding in the area.

·         There were a number of badger sets in the area which would be disturbed through the development.

·         There were concerns regarding sewerage.

·         An email had been received from the residents of 304 Kings Acre Road voicing their concern in respect of the proposed drainage works and stating that they may need to terminate the drain where it entered their land or take out an injunction to stop additional water being piped onto their land.

·         The drainage issues would be moved to the other side of the road and not actually addressed.

Members discussed the application and had concerns regarding the drainage issues raised and also in respect of access and egress to the site. They therefore decided to defer the application pending further discussions with the applicant.

The Principal Planning Officer explained the reasons for the existing drainage problem in the area and advised that the changes to the drainage strategy had resulted from the concerns raised by local residents. He added that the site was capable of being developed as the surface water drainage could be collected and controlled to discharge at greenfield rates and therefore the proposals would represent a betterment.

The legislation relating to badgers was also explained and the Committee were advised that any works affecting the setts would need to be carried out under licence from Natural England.

Councillor Matthews was given the opportunity to close the debate. He reiterated his opening remarks and made additional comments, including:

·         The drainage issues needed to be resolved before the application could be determined.

RESOLVED

That determination of the application be deferred pending further discussions with the applicant in respect of highway and drainage concerns.

Proposed erection of 8 no. affordable houses with associated access.

The application was 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 Brenner, representing Weobley Action Group, spoke in objection to the application.

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

·         The application was a proposed development outside of the settlement boundary in an area where there was already a high number of affordable housing.

·         95% of the local residents were against the application.

·         Objections had been received from the Council’s Ecology Officer and the Senior Landscape Officer.

The debate was opened with a member voicing his concerns in respect of the application and in particularly the loss of the historic meadow, hedgerow and field pattern. Concern was also expressed regarding development outside of the settlement boundary.

Other Members discussed the application and supported the officer’s recommendation. They considered that an appeal could be difficult to defend due to the Council’s current lack of a five year housing supply as required under the National Planning Policy Framework. It was also noted that although 40 yards of hedgerow was being removed a larger section was being planted.

In response to a question, the Senior Planning Officer advised that the existing footpath would be diverted around the boundary of the proposed dwelling. In response to a further question he advised that there had been a delay due to the need to undertake a newt survey, this had now been completed and conditions had been recommended accordingly.

Some concern was expressed regarding the effectiveness of replanting hedgerows. The Committee also noted that the proposed dwellings were not of a high standard in terms of sustainable features.

Councillor Cooper was given the opportunity to close the debate. He reiterated his opening remarks and asked the Committee to consider the concerns of the local residents.

RESOLVED

That subject to the completion of a S106 Agreement, in accordance with the attached Draft Heads of Terms, 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.         L01 Foul/surface water drainage

5.         L02 No surface water to connect to public system

6.         L03 No drainage run-off to public system

7.         H13 Access, turning area and parking

8.         G09 Details of Boundary treatments

9.         G12 Hedgerow planting

10.       Prior to commencement of the development, a full working method statement should be submitted to and be approved in writing by the local planning authority, and the work shall be implemented as approved.

Prior to commencement of the development, a habitat enhancement scheme should be submitted to and be approved in writing by the local planning authority, and the work shall be implemented as approved.

Reasons: To ensure that all species are protected having regard to the Wildlife  ...  view the full minutes text for item 10.

Proposed replacement corrugated garage and implement store with two bedroom single storey dwelling to care for elderly parents.

The application was approved in accordance with the case officer’s recommendation subject to a further condition regarding the occupancy of the proposed dwelling.

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, Councillor RI Matthews, the local ward member, commented on a number of issues, including:

·         There was no objection to the application.

In response to a question, the Head of Neighbourhood Planning advised that the application had been bought before the Committee as it was contrary to policy H7 of the Unitary Development Plan.

During the debate members considered the merits of an occupancy tie condition being added to the resolution. An amendment to the original motion, to approve the application in accordance with the case officer’s recommendation, requesting an occupancy tie condition was supported, and therefore the resolution as set out below was approved.

RESOLVED

That planning permission be granted subject to the following conditions:

1.         A01 Time limit for commencement (full permission) - 1 year

2.         B02 Development in accordance with approved plans and materials

3.         C01 Samples of external materials

4.         G10 Landscaping scheme

5.         G11 Landscaping scheme – implementation

6.         F28 – Occupation ancillary to existing dwelling only

Reason for Approval

1.         The proposal fails to comply, in principle, with policies H4 and H7 of the Herefordshire Unitary Development Plan, however significant weight has been given to the guidance provided by the National Planning Policy Framework that clearly identifies that where sites are considered to be sustainably located, and where they comply with other relevant policies, there should be a presumption in favour of sustainable development. The sites development accords with policies in relation to character of the area, highway safety and relationship with neighbouring properties namely polices DR1, DR2, DR3, DR4, H13, LA5 and LA6 of the Herefordshire Unitary Development Plan. In conclusion, whilst the application would be contrary to Saved Policies of the Herefordshire Unitary Development Plan, the absence of a 5-year supply of housing land and the sustainable location of the site are of sufficient weight to grant planning permission in this case.

Construction and the installation of 2 no. concealed underground water treatment tanks in connection with processing diluted waste wine and soil drains from the existing wine distillery business. Minor adjustments to existing landscape mound to form and construct a relief car parking area.

The application was 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.         The external surface of the above-ground kiosk shall be coloured Midnight Green (BS4800 12B29) or a similar dark colour to be approved in writing in advance by the local planning authority.

Reason: To protect the visual amenity of the area and to ensure the development complies with policy DR1 of the Herefordshire Unitary Development Plan.

4.         G02 Retention of trees and hedgerows

5.         G09 Details of Boundary treatments

6.         The waste-water treatment plant hereby approved shall not be brought into use unless or until a scheme for the final discharge of treated effluent has been submitted to and approved in writing by the local planning authority.  The scheme shall include details of the method of discharge and the means of disposal.

Reason:  To ensure satisfactory final drainage arrangements are provided and to prevent pollution, in accordance with policy DR4 of the Herefordshire Unitary Development Plan.

7.         G11 Implementation of submitted landscaping scheme

8.         H15 Turning and parking: change of use - commercial

9.         I32 Details of floodlighting/external lighting

Reason for Approval

1.         The proposal has been considered with reference to all the key issues outlined in this report, including site choice and the overall low risk of adverse effects.  Particular regard has been given to the wine-making farm diversification project and the clear need for adequate management of waste water and pollution prevention, along with improvements to car parking arrangements. Drainage aspects are regulated by the Environment Agency through consents and permits issued by that body.  There is no reason to suppose that the proposal is not capable of compliance, and the finer operational detail lies outside of the planning system.  National and local policies support sustainable development and the rural economy.

The applicant sought pre-application advice in advance of submission.  The local planning authority has engaged in positive, pro-active negotiation through this provision.  The applicant has heeded the written and verbal advice given.  No objections have been received. In light of this the proposal is considered to accord with, or be capable of compliance with, policies S1, S2, S10, DR1, DR2, DR4, DR7, DR14, T8, T11, LA2, LA5, LA6, NC1, W1 and CF2 of the Herefordshire Unitary Development Plan.  It is also considered to accord with the National Planning Policy Framework with particular reference to paragraphs 6 to 14, section 3 (Supporting a prosperous rural economy) and section 11 (Conserving and enhancing the natural environment).  Paragraphs 120 to 125 stress the need to prevent pollution and meet environmental protection legislation.  As a result, the local planning authority has been able to grant planning permission subject to conditions.

INFORMATIVES:

1.         N11C General

2.         Final discharge is subject to additional Environment Agency consent.  The  ...  view the full minutes text for item 12.

Proposed tea bar, extension to club room and replace boundary fencing and dug outs.

The application was approved in accordance with the case officer’s recommendation.

The Development Manager 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 PA Andrews, one of the local ward members, commented on a number of issues, including:

·         The club had been at its current site since 2000.

·         There had never been any complaints in respect of the club.

·         The application was supported.

In response to a question, the Development Manager advised that a condition limiting hours of work had not been recommended and that this was an exstablished recreational use in a mixed commercial and residential area with the nearest dwelling being a significant distance away.

Councillor Andrews was given the opportunity to close the debate. She reiterated her opening remarks and requested that the application be approved.

RESOLVED

That planning permission be granted subject to the following conditions:

1.         A01 Time limit for commencement (full permission)

2.         B03 Amended plans - Site Location Plan, Site layout, New Dugouts, indicative hit and miss tanalised wood fencing with metal post, tea room and hospitality area - roof plan, end elevations, floor plan, drawing numbers TL 001 and TL 002 (amended - received 29.4.2013)

Reason for Approval

1.         The proposal comprises the upgrading of existing sporting facilities and there would be no adverse impact upon amenity, highway safety or hazardous installations.  The scheme accords with Herefordshire Unitary Development Plan policies S1, S2, S8, DR1, DR2, DR3, RST1 and CF6 and chapters 7 and 8 of the National Planning Policy Framework.

INFORMATIVES:

1.         The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against planning policy and any other material considerations, including any representations that have been received. It has subsequently determined to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework. 

Date of next site inspection:   25 June 2013

Date of next meeting:             26 June 2013