For:      Dr. G & K Swinburne   Gibson Associates Bank House Bank Crescent Ledbury Herefordshire HR8 1AA

To consider a planning application which has been referred to the Committee because it is from a Member of the Council or a relative.

Ward: Hope End

The application had been submitted to the Committee in accordance with the provisions of the Council’s Constitution because it was from a Member of the council.

The Development Control Manager reported the receipt of the following updates:

AMENDED PLANS

The applicant has submitted further revised plans which change the position of the access to one which has been the subject of earlier objection. The new plans have, accordingly been made the subject of re-consultation with parties who had previously expressed views on the application. The re-consultation period does not expire until 24^th July 2007.

OFFICER COMMENTS

The application should not now be determined until all parties have had the opportunity to comment on the revised plans. The position of the access now submitted by the applicant takes the proposed new access further away form the junction with the B4214 and an existing oak tree close to the site frontage, but will require extensive engineering works due to level changes and will have a detrimental impact on the landscape quality of the lane at this point. There is, therefore, a balanced judgement to be made between which of the access options is the better.

In accordance with the criteria for public speaking, Mr. Clutterbuck an objector spoke against the application and Dr G Swinburne the applicant spoke in support.

The Committee decided to approve the application and concurred with the view of the Development control Manager that he be given delegated powers to determine it at the end of the consultation period.

RESOLVED

that the officers named in the scheme of delegation to officers be authorised to determine the application on the expiry of the latest consultation period on 24th July 2007, subject to no new material planning matters being raised during the consultation period and subject to the following conditions:

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

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

2 -     C05 (Details of external joinery finishes )

         Reason: To safeguard the character and appearance of this building of [special] architectural or historical interest.

3 -     E16 (Removal of permitted development rights )     

         Reason: [Special Reason].

4 -     H08 (Access closure )

Reason: To ensure the safe and free flow of traffic using the adjoining County highway.

5 -     H01 (Single access - not footway )

         Reason: In the interests of highway safety.

6 -     H04 (Visibility over frontage )

         Reason: In the interests of highway safety.

7 -     H03 (Visibility splays ) (B road 2.4 x 60 to north and 2.4 x 90 to south)

         Reason: In the interests of highway safety.

8 -     H05 (Access gates )

         Reason: In the interests of highway safety.

9 -     H13 (Access, turning area and parking )

         Reason: In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway.

10 -      G01 (Details of boundary treatments )

         Reason: In the interests of visual amenity and to ensure dwellings have satisfactory privacy.

11 -      G04 (Landscaping scheme (general) )

         Reason: In order to protect the visual amenities of the area.

12 -      G05 (Implementation of landscaping scheme (general) )

         Reason:  In order to protect the visual amenities of the area.

13 -  Prior to the commencement of development details of a non-invasive method of   driveway construction within the Root Protection Area of the oak tree adjacent to the vehicular access from the C1152 shall be submitted to and approved in writing by the local planning authority. 

         Reason:  In order to protect this important specimen in the wider interests of visual amenity.

           Informatives:

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

2 -     N19 - Avoidance of doubt