Outline planning application for construction of a three bedroom dwelling.

This application was first considered at the meeting held on 10 February 2010.

Ward - Pontrilas

The Development Control Manager advised that at its meeting on 20th January the Committee had decided to grant permission and consequently under the provisions of the Council’s Constitution the Head of Planning and Transportation had requested a deferral for a Further Information Report. The report detailed the required information and set out the suggested Section 106 Agreement and conditions. 

The Development Control Manager said that the suggested agreement/conditions included a requirement for the dwelling to be tied to the business and that any future sale would need to be at an affordable level to serve local need.  He said that on of the proposed conditions was that the sale price should not exceed 50% of the open market value and he explained the factors that had been taken into consideration in arriving at this percentage. He also submitted the following updates and said that a further letter of objection had been received from a local resident:

ADDITIONAL REPRESENTATIONS

A letter has been received from Herefordshire CPRE. This objects as the development is contrary to planning policy, will be prominent in the landscape and does not meet the criteria for dwellings to serve rural businesses.

OFFICER COMMENTS

There are errors in Paragraph 1.1 of the Report.

The paragraph should be deleted and replaced with the following:-

“This application was reported to the meeting on 10 February 2010 where it was resolved that it be approved subject to appropriate conditions. In accordance with Section 4.8.10 of Part 4 – Section 8 – The Planning Rules of the Constitution, the Head of Planning and Transportation and the Monitoring Officer advised that as they considered that an approval of the application raised fundamental policy issues a further information report was necessary in order to address appropriate conditions.”

In accordance with the provisions for public speaking, Mr McCrae spoke against the application and Mr Heath, the applicant, spoke in favour. Mr Heath asked the Committee to consider waiving the requirement for a future sale to reflect local need because this would adversely affect his ability to secure the necessary funding for his proposals.

Councillor RH Smith the Local Ward Member voiced concerns about the imposition of the restriction for the future disposal of the house and felt that the 50% limit was too restrictive and should be either set aside or set at no less than 75%.  The permission was for an agricultural business serving the local community and the applicant should be offered every opportunity to succeed. He was also concerned that he had not been consulted about the proposed heads of terms in the Section 106 agreement and at the lengthy delay in the application being dealt with. 

The Development control manager said that the suggested conditions complied with the Council’s planning policies for such uses and that a previous application had been withdrawn with the current one submitted in September 2009. It had been delayed because of the Constitutional changes and the cancellation of the January meeting.

Members discussed the proposed conditions and felt on balance that the condition with regard to any future disposal of the dwelling should be removed but that the remaining conditions were acceptable. The Head of Planning and Transportation said that the recommendations reflected Council policies and had been specifically structured for this purpose as well as meeting the particular needs of the applicant

RESOLVED THAT:

(i)                 Section 106 Agreement – Heads of Terms

            The following terms be approved

1.      The dwelling not to be constructed until the development approved under Application DMSW/091993/F is constructed and available for use.

2.      The dwelling is limited to a habitable floor area of no greater than 90 sq.m.

3.      The occupation of the dwelling is limited to person(s) employed, last employed, or dependants, in Oldfield Forge, Oldfield Farm, Garway HR2 8HA

4.      If the above requirement ceases then any disposal of the dwelling shall be restricted to a person in need of Affordable Housing firstly in Garway Parish and then cascading to Herefordshire.

(ii)               Outline Planning Permission – Conditions:

The following conditions be approved: