To receive apologies for absence.

Apologies were received from Councillors Polly Andrews, Dave Boulter, Elizabeth Foxton and John Stone.

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

Councillor Rob Owens acted as a substitute for Councillor Andrews.

Councillor Elizabeth Harvey acted as a substitute for Councillor Foxton.

To receive declarations of interests in respect of items on the agenda.

There were no declarations of interest.

To approve the minutes of the meeting held on 5 June 2024.

Clarification was sought regarding the conditions attached to the permission granted for application 233688 in the minutes of the previous meeting on 5 June. At the meeting the committee had agreed that all amplified music would be prohibited at the application site and the conditions required updating to reflect the decision.

The Development Manager confirmed that the decision notice had not been issued for the application. When issued, the decision notice would provide the conditions attached to the permission and would include the prohibition of amplified music on the application site.

RESOLVED:  That the minutes of the meeting held on 5 June 2024 be approved.

Construction of 36 no. dwellings, new vehicular and pedestrian access, internal infrastructure, landscaping, open space; and associated works, including demolition of piggery buildings.

Application approved with a change to conditions.

The development manager provided a presentation on the application and the updates/representations received following the publication of the agenda as provided in the update sheet and appended to these minutes. 

In accordance with the criteria for public speaking Mr Robinson spoke on behalf of Colwall Parish Council, Mr Mealing spoke in objection to the application and Ms Broomfield, the applicant’s agent, spoke in support.

In accordance with the council's constitution, the local ward member spoke on the application. In summary, she explained that a significant amount of work had been undertaken on the application and the neighbourhood development plan in Colwall. A number of objections and concerns to the application had been raised by local residents living in roads around the application site. There was however a contingent of silent residents who were sympathetic to the application recognising Colwall’s need for more housing and more affordable housing. It was recognised that there was strong feelings regarding the application locally. Concerns that had been raised regarding the application included the impact on local services including health services and public transport. Concerns had also been raised about sewage treatment and the performance of the local water company. Concerns relating to drainage and flooding had been raised including ground and stormwater runoff and the ecological impact of wastewater from additional houses. There was concern regarding the safety of pedestrians and cyclists using narrow local lanes around the application site. It was noted that the permission contained a number of conditions which would be subject to enforcement if not implemented.

The committee debated the application and the following principal points were raised:

            - it was recognised that the application site was an allocated site within the local plan and the neighbourhood development plan for Colwall.

            - the condition concerning external lighting should be extended to lighting from the gardens of houses on the development to limit the impact of the development on the landscape.

            - it was suggested that in order to attenuate the potential flooding risk from the site to local residences the developer could be required to install a land drain.

            - it was noted that solar panels and electric vehicle charging points were to be provided on the application site but this was not conditioned as part of the proposed permission. A condition requiring solar panels and electric vehicle charging points for all dwellings on site was required as part of the permission.

            - it was noted that permitted development rights had been suspended with respect to hard boundaries however the committee required the strengthening of this condition to include all additional structures on site in order to support the conservation of a sensitive landscape.

The local ward member was given the opportunity to close the debate.

Councillor Dave Davis proposed and Councillor Richard Thomas seconded the approval of the application subject to the changes to conditions as outlined below:

            - the extension of the lighting condition to include garden lighting;

            - the inclusion of a condition  ...  view the full minutes text for item 12.

Proposed residential development of five dwellinghouses with associated vehicle access from C1059 together with drainage infrastructure and planting.

Application approved with a change to conditions.

The principal planning officer gave a presentation on the application and the updates/representations received following the publication of the agenda as provided in the update sheet and appended to these minutes.

In accordance with the criteria for public speaking Mr Bufton spoke on behalf of Hatfield and District Group Parish Council, Mr Clayton spoke in objection to the application and Mr Andrews, the applicant, spoke in support.

In accordance with the council's constitution the local ward member spoke on the application. In summary, he explained that the proposed development was located in an unsuitable area and was of an inappropriate scale. The application represented linear development in the village which had remained unchanged for over 100 years. Objections to the application had been received from every resident in Hatfield and the development was felt to be out of keeping with the rest of the village. It was noted that the site was regularly water logged and there was concern regarding the environment impact of the outflow from the package treatment works into local woodland. The application was not sustainable as there were no facilities or services in the village. The application was not felt to meet the requirements of core strategy policy SD1 for new housing in rural areas. The application was not felt to accord with core strategy policies SS6 and SD2 as it was out of keeping with the remainder of the village. 

The committee debated the application and the following principal points were raised:

            - there was division among the members of the committee. It was the contention of some members that the proposed development was in open countryside, outside the borders of the village. It was the opinion of other members that the development was adjacent to the village and without a neighbourhood development plan the committee was constrained in the decision they could take.

            - an enhancement to the condition concerning management and maintenance of drainage arrangements was required to include the provision of a welcome pack for purchasers of the proposed dwellings which explained the ecological impact of wastewater drainage on local water courses and the environment. This change to the condition would help mitigate the impact of the new homes on the local environment. Members were advised that this could be provided as part of the discharge of condition submission.

The local ward member was given the opportunity to close the debate.

Councillor Stef Simmons proposed and Councillor Dave Davis seconded the approval of the application subject to the change to conditions as outlined below:

            - a condition to ensure the provision of a welcome pack for purchasers of the proposed dwellings to explain the ecological impact of wastewater drainage on local water courses and the environment.

The motion was put to the vote and was carried by a simple majority.

RESOLVED - That subject to the acceptability of the updated Ecology Report, planning permission be granted subject to the following conditions, that would also secure the submission of a wastewater welcome  ...  view the full minutes text for item 13.

Proposed renovation and adaptation of the existing Hereford Museum and Library to become a dedicated and enhanced facility for Herefordshire Museum Service and viable for the future. This would comprise a museum, education space, galleries, cafe, and staff facilities.

Application approved with a change to conditions.

The principal planning officer provided a presentation on the application.

In accordance with the criteria for public speaking Mr Fowler and Mr Milln spoke in objection to the application, Mr Allonby, applicant, and Mr Neep, applicant’s agent, spoke in support.

In accordance with the council's constitution the local ward member spoke on the application. In summary, she explained that although elements of the original structure would be lost the scheme represented a significant improvement to the building overall. The newly renovated art gallery and museum would be a significant asset to Hereford and would enhance the town centre. Proposals in the application would also significantly improve the environmental performance of the building.

The committee debated the application. There was significant support for the application among the committee members but concern was expressed regarding the proposed removal of the historic railings from the front of the building. A condition to the permission was required to ensure the railings along the front of the building would be retained.

Councillor Bruce Baker proposed and Councillor Stef Simmons seconded the approval of application 230385 subject to the changes to conditions as outlined below:

            - an additional condition to ensure that, notwithstanding the approved plans, the railings to the front of the building should be retained.

Councillor Bruce Baker proposed and Councillor Stef Simmons seconded the approval of application 230386.

The motions were put to the vote and were carried unanimously.

RESOLVED –

a) 230385/F – That planning permission be granted subject to the following conditions, an additional condition relating to the retention of the railings to the front of the building and any other conditions (amendments) considered necessary by officers named in the scheme of delegation to officers:

1.     The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990

2.     Approved Drawings – Development in accordance with the approved plan: See Appendix 4

3.     No surface water from any increase in the roof area of the building /or impermeable surfaces within its curtilage shall be allowed to drain directly or indirectly to the public sewerage system.

Reason: To prevent hydraulic overloading of the public sewerage system having reagrd to opilicies SD3 and SD4 of the Herefordshire Local Plan – Core Strategy

4.     Without the exception of  strip out works to remove modern fabric such as suspended ceilings, dry linings to undertake asbestos removal no development shall take place until the developer has secured the implementation of a programme of archaeological survey and recording [to include recording of the standing historic fabric and any below ground deposits affected by the works].  This programme shall be in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Local Planning Authority and shall be in accordance with a brief prepared by the County Archaeology Service.

Reason: To allow for recording of the  ...  view the full minutes text for item 14.

Application for variation of condition 2 of permission P230283/L (Engineering works to reinforce Mordiford Bridge at flood arch No.2 and No.3. The works will involve dismantling the existing parapet; casting a new reinforced concrete core against the existing upstream spandrel wall; extending the new concrete wall into the parapet; and cladding the exposed concrete with masonry to match the existing bridge) - to amend design.

Application approved, in accordance with the case officer’s recommendation.

The senior planning officer provided a presentation on the application and informed the committee of a representation received following the publication of the agenda and the update sheet.

In accordance with the criteria for public speaking Ms Cotton spoke on behalf of Dormington and Mordiford Parish Council and Mr Canning spoke in objection to the application.

The committee debated the application. There was support for the approval of the application.

Councillor Liz Harvey proposed Councillor Bruce Baker seconded the approval of the application. The motion was put to the vote was carried unanimously.

RESOLVED –

That Listed Building Consent be granted subject to the following conditions and any other further conditions considered necessary by officers named in the scheme of delegation to officers:

1.     The works shall be carried out strictly in accordance with the approved plans  (70097406-WSP-SK001  and 70097406-WSP-SBR-SWI-DE-CB-001 Rev.A), except  where otherwise stipulated by conditions attached to this consent.

Reason: To ensure adherence to the approved plans in the interests of a satisfactory  form of development and to comply with Policy SD1 of the Herefordshire Local Plan –Core Strategy and the National Planning Policy Framework.

2.     No works in relation to above ground demolition, or construction of the new reinforcing wall, or stone slip facing wall with new cutwater stones, shall commence until a sample cutwater stone, carved, fully hand tooled, and finished, and of the exact dimensional form proposed has been provided on site for inspection against the historic cutwater stone it will replicate.

Confirmation of the materials, dimensions and finished appearance shall be approved in writing by the Local Planning Authority and carried out accordingly.

Reason: To ensure that special regard is paid to protecting the special architectural and historic interest and integrity of the building under Section 16 of the Planning (Listed Buildings and Conservation Areas) Act 1990 and in accordance with policy LD4 of the Herefordshire Local Plan - Core Strategy and the National Planning Policy Framework.

3.     No works in relation to above ground demolition, or construction of the new reinforcing wall, or its stone slip facing wall, shall commence until details listed below are submitted to and approved in writing by the Local Planning Authority. The work shall be carried out in full in accordance with the approved details.

-                 Petrographic survey of existing stonework to inform appropriate stone type for new stone slip walling;

-                 Photogrammetric survey of existing stonework to inform appearance of new stone slip walling;

-                 1:20 elevation(s) of new stone slip facing walls, illustrating proposed stone slip sizes, shapes, coursing arrangements and re-used cutwater tooled stones;

-                 Samples of new stone types to be utilised for new stone slip walling; and

-                 Details of materials and methods to be used to infill removed cutwater tooled stones, and as shown on drawings, to a scale of 1:20.

Reason: To ensure that special regard is paid to protecting the special architectural and historic interest and integrity of the building, in line with Policy LD4 of the Herefordshire Local Plan  ...  view the full minutes text for item 15.

To seek authorisation from the Planning & Regulatory Committee to agree a further 4 months from the date of the Planning Committee(17 July 2024), to finalise and complete a Section 106 agreement in respect of application 163932:

PENDING S106 AGREEMENT – Outline planning application for a sustainable urban extension comprising: up-to 250 dwellings; open space, allotments and landscaping; school expansion land; areas of children's play; sustainable urban drainage infrastructure; internal roads; and associated infrastructure. Detailed approval is sought for principal means of access and layout with all other matters reserved.

Officer recommendation agreed.

The Principal Planning Officer introduced the report which sought authorisation from the Planning  and Regulatory Committee to agree a further 4 months from the date of the Planning Committee(17 July 2024), to finalise and complete a Section 106 agreement in respect of application 163932.

The committee debated the report.

Councillor Stef Simmons proposed and Councillor Dave Davies seconded the recommendation in the report. The motion was put to the vote and was carried by a simple majority.

RESOLVED – that:

That subject to the completion of a Section 106 Town & Country Planning Act 1990 obligation agreement by 17 November 2024 to secure

- Contributions as set out / required

- Purchase of Phosphate Credits (in full or phased)

outline planning permission be granted subject to the following conditions and any other  further conditions or variations thereof considered necessary by officers named in the  scheme of delegation to officers

If the agreement is not completed by 17 November 2024, but reasonable progress has been made, delegated authority is granted to the Development Management Service Manager to continue negotiation and finalise the agreement and issue the decision.

However, if in liaison with the Ward Councillor and Chairperson of the Planning and Regulatory Committee it is the opinion of the Development Management Service Manager that no progress has been made is made by 17 November 2024, the application may be refused based on the failure to complete a Section 106 agreement, which is considered necessary to mitigate the impacts of the development and to ensure the delivery of affordable housing. In the absence of such an agreement the proposal is contrary to Policy ID1 of the Herefordshire Local Plan – Core Strategy and the Council’s Supplementary Planning Document – Planning Obligations.