For:      S T Walker & Duckham per Herefordshire Council 14 The Tything Worcester  WR1 1HD

 

Ward: Leominster South

The Northern Team Leader said that the application had been deferred by the Planning Committee at its meeting on 3rd July 2009 when officers had been requested to undertake further negotiations about the proposal to remove an Austrian Black Pine and the Victorian staircase as part of the scheme.  The report had been updated to take account of these matters and the additional representations which had been received about the proposals.  The applicants had made no changes to the scheme since it was considered by the Committee.

 

the following additional representations had been received since the report was revised:-

 

Information has been submitted regarding the economic benefits of the proposal and the losses involved should the development not take place. These indicate a net increase in jobs as a result of 21, with an estimated annual earning of £426k. It is estimated that the economic loss of the development not taking place would be £2.8m from initial capital investment plus the aforementioned.

 

Further information has also been received setting out why the Austrian Black Pine was categorised as it was. This included a reference to risk as the tree is in a publicly accessible location.

 

Additionally comments have been submitted countering some of the comments of MADE, explaining the rationale for the design options chosen.

 

The architect also queries the need for the condition restricting access to the rear of the site to pedestrian only, on the basis that no change of use is involved.

 

A further letter and plan has been received on behalf of Mr Gaskin, advising that notwithstanding his previous comments about the principle of the scheme to begin with, there are matters of privacy which could be addressed through amendments to the part of the building closest to his boundary.

 

A further letter has also been received from Mrs Smith, a local resident, reiterating her original concerns.

 

 

The view of the Officers was that highway safety issues had lead to the requirement for rear access to be restricted to pedestrians only.  Although the application involved a change of use, it was not the determining issue as to whether the condition was necessary.  The privacy issue raised by Mr Gaskin was addressed in para 6.23 of the report. The window in the gable of the wing adjacent to his boundary was a high level window providing light to the building.

 

Councillor RC Hunt, one of the Local Ward Members, said that the decision to defer consideration of the application had proved to be a good one because it had given time for the applicants to arrange a public meeting where the project had been fully explained and all the concerns addressed. The black pine, which had already had to have a number of boughs removed and needed further work, would be replaced with a new one.  Although the scheme required the removal of most of the Victorian staircase, part of it would be retained and incorporated into the new scheme and photos of it would be on display in the building.  Steps would also be taken to preserve mediaeval stonework forming the ‘grotto’ situated in the grounds, into the scheme.  He had concerns that Pinsley Road should not be used for access purposes because it was too narrow.  Careful thought should be given to access and the delivery of materials via Church St when the alterations were being carried out.  Overall he felt that the proposals could now be welcomed because all the concerns had been addressed about the building and grounds, together with those raised by local residents. 

 

Councillor JP French, a Leominster Ward Member also felt that the recent meeting had gone a considerable way to more fully explain the proposals.  The local residents who would be most affected had been given the opportunity to speak and twelve pages of information had been provided to answer concerns.  An explanation had been govern about the condition of the black pine, a proposed 5 metre replacement, landscaping, tree planting, the creation of 21 new jobs and the provision of better facilities for visitors and tourists. The proposals would help to ensure the future of the building. Brigadier P Jones, a Leominster Ward Member also now welcomed the scheme because of the assurances given and the fact that it would bring the building back into use, and help to provide employment and tourism.  Councillor PJ McCaull, one of the Local Ward Members agreed with the comments that had been made. He felt that the layout and orientation of the scheme would minimise its impact on adjoining residents once the work was completed and although the loss of the black pine was regrettable it did require major surgery and a suitable replacement was to be welcomed.  The timber from the tree had also been earmarked to be used within projects in the Town if the proposals were approved.

 

Having heard the views of Local Ward Members and the fact that local residents were now satisfied with the proposals, the Committee decided that the application could be approved.

 

RESOLVED

 

That:   a) planning permission be granted subject to the following conditions;

 

and,

 

b)     that the application for listed building consent is referred to the Secretary of State for the Department of Communities and Local Government with a recommendation that the Council is minded to approve the application 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      B03 (Amended plans)

 

Reason: To ensure the development is carried out in accordance with the amended plans and to comply with the requirements of Policy DR1 of Herefordshire Unitary Development Plan

 

3      D03 (External Elevations)

 

Reason: To ensure that the work is carried out in accordance with the details that are appropriate to the safeguarding of the special architectural or historical interest of the building and to comply with the requirements of Policy HBA1 of Herefordshire Unitary Development Plan.

 

4      D04 (Details of window sections, eaves, verges and barge boards)

 

Reason: To ensure that the work is carried out in accordance with the details that are appropriate to the safeguarding of the special architectural or historical interest of the building and to comply with the requirements of Policy HBA1 of Herefordshire Unitary Development Plan.

 

5      D05 (Details of external joinery finishes)

 

Reason: To ensure that the work is finished with materials, textures and colours that are appropriate to the safeguarding of the special architectural or historical interest of the building and to comply with the requirements of Policy HBA1 of Herefordshire Unitary Development Plan.

 

6      D10 (Specification of guttering and down pipes)

 

Reason: To ensure that the rainwater goods are of an appropriate form in the interests of the safeguarding of the special architectural or historical interest of the building and to comply with the requirements of Policy HBA1 of Herefordshire Unitary Development Plan.

 

7      D19 (Items to be Re-used)

 

Reason: To ensure the safeguarding of the special architectural or historic interest of the building and to comply with the requirements of Policy HBA1 of Herefordshire Unitary Development Plan.

 

8      D24 (Recording)

 

Reason: To ensure that the fabric which forms part of the special architectural or historic interest of the building is preserved by record where it would be lost as a result of the approved works in accordance with current government guidance and Policy HBA1 of Herefordshire Unitary Development Plan.

 

9      E01 (Site investigation – archaeology)

 

Reason: To ensure the archaeological interest of the site is recorded and to comply with the requirements of Policy ARCH6 of Herefordshire Unitary Development Plan.

 

10    G02 (Retention of trees and hedgerows)

 

Reason: To safeguard the amenity of the area and to ensure that the development conforms with Policy DR1 of Herefordshire Unitary Development Plan

 

11    G04 (Protection of trees/hedgerows that are to be retained)

 

Reason: To safeguard the amenity of the area and to ensure that the development conforms with Policies DR1 and LA5 of Herefordshire Unitary Development Plan.

 

12    G10 (Landscaping scheme)

 

Reason: In order to maintain the visual amenities of the area and to conform with Policy LA6 of Herefordshire Unitary Development Plan.

 

13    G11 (Landscaping scheme – implementation)

 

Reason: In order to maintain the visual amenities of the area and to comply with Policy LA6 of Herefordshire Unitary Development Plan.

 

14    H29 (Secured covered cycle parking provision)

 

Reason: To ensure that there is adequate provision for secure cycle accommodation within the application site, encouraging alternative modes of transport in accordance with both local and national planning policy and to conform with the requirements of Policy DR3 of Herefordshire Unitary Development Plan.

 

15    Not withstanding the plans hereby approved, the rear access shown to be used by service vehicles shall be retained only for use by pedestrians.  Details of its treatment shall be submitted to and approved in writing by the local planning authority before development commences.  The access shall be altered in accordance with the approved details before the building is first bought into use.

 

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

 

16    I16 (Restriction of hours during construction)

 

Reason: To protect the amenity of local residents and to comply with Policy DR13 of Herefordshire Unitary Development Plan.

 

17    I32 (Details of floodlighting/external lighting)

 

Reason: To safeguard local amenities and to comply with Policy DR14 of Herefordshire Unitary Development Plan.

 

18    I41 Scheme of refuse storage (commercial)

 

Reason: In the interests of amenity and to comply with Policy DR4 of Herefordshire Unitary Development Plan.

 

LISTED BUILDING CONSENT

 

1      D01 Time limit for commencement (Listed Building Consent)

 

Reason: Required to be imposed by Section 18(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990.

 

2      B03 Amended plans

 

Reason: To ensure the development is carried out in accordance with the amended plans and to comply with the requirements of Policy DR1 of Herefordshire Unitary Development Plan

 

3      D03 External Elevations

 

Reason: To ensure that the work is carried out in accordance with the details that are appropriate to the safeguarding of the special architectural or historical interest of the building and to comply with the requirements of Policy HBA1 of Herefordshire Unitary Development Plan.

 

4      D04 Details of window sections, eaves, verges and barge boards

 

Reason: To ensure that the work is carried out in accordance with the details that are appropriate to the safeguarding of the special architectural or historical interest of the building and to comply with the requirements of Policy HBA1 of Herefordshire Unitary Development Plan.

 

5      D05 Details of external joinery finishes

 

Reason: To ensure that the work is finished with materials, textures and colours that are appropriate to the safeguarding of the special architectural or historical interest of the building and to comply with the requirements of Policy HBA1 of Herefordshire Unitary Development Plan.

 

6      D10 Specification of guttering and down pipes

 

Reason: To ensure that the rainwater goods are of an appropriate form in the interests of the safeguarding of the special architectural or historical interest of the building and to comply with the requirements of Policy HBA1 of Herefordshire Unitary Development Plan.

 

7      D19 Items to be Re-used

 

Reason: To ensure the safeguarding of the special architectural or historic interest of the building and to comply with the requirements of Policy HBA1 of Herefordshire Unitary Development Plan.

 

8      D24 Recording

 

Reason: To ensure that the fabric which forms part of the special architectural or historic interest of the building is preserved by record where it would be lost as a result of the approved works in accordance with current government guidance and Policy HBA1 of Herefordshire Unitary Development Plan.

 

INFORMATIVES:

 

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

 

2           N19 – Avoidance of doubt – Approved Plans