Variation of Condition 14 of planning permission DCNC0009/1820/CD.

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, Mrs Churchill, representing Avenbury Parish Council, and Mr Morris, a neighbouring resident, spoke in objection to the application and Mrs Davies, the applicant, spoke in support.

In accordance with paragraph 4.8.2.2 of the Council’s Constitution, Councillors A Seldon and JG Lester, the local ward members, commented on a number of issues, including:

·         Unfortunately relationships between the applicant and the neighbouring resident had broken down, this was regrettable.

·         There were issues regarding parking at the site, this was recognised.

·         The Hope Centre had provided a valuable resource to the community since its inception in 1999.

·         The centre had started as a portakabin on the site.

·         The concerns of the neighbouring resident needed to be addressed.

·         There were funding difficulties for the centre and alternative methods of income needed to be investigated.

·         The centre needed to remain viable.

Councillor PM Morgan, the Cabinet Member for Health and Wellbeing, addressed the Sub-Committee in support of the application. She advised Members that Children’s Centres ensured that Children had the best possible start in life and urged all Councillors to get involved with their local centre. She added that finances were a concern for Children’s Centres in the current economical climate and therefore they needed to adapt and be more flexible. Councillor Morgan left the meeting at the conclusion of her submission and took no further part in the meeting.

Members discussed the application and although they noted the neighbouring resident’s concerns they were of the opinion that the application should be granted.

In response to a question, the Planning Officer advised that although the premises was not licenced they could apply for a temporary event notice if they wished to offer licenced activities. In response to a further question she advised that the application had only come before the Committee as the Council had an involvement in the application.

In response to a question regarding the boundary fence, the Development Manager advised that the fence had been erected in accordance with the previous conditions and that the ombudsman had also supported this view. In addition to this point he added that the fence was two metres in height with an additional one metre of netting and that it did not act as an acoustic barrier. He advised Members that if they were concerned about the impact on the amenity of the neighbouring resident they could choose to allow a temporary permission to allow sufficient time to monitor the site.

Members noted that there was a difficult relationship between the parties and noted that this was a concern. They also had concerns regarding the fence but decided against granting a temporary planning permission on the site.

Councillors Seldon and Lester were given the opportunity to close the debate. They reiterated their opening remarks and made additional comments, including:

·         Councillor Lester had spoken to both parties and advised that he would be happy to assist in attempting to improve the relationship between them.

·         There had been a delay in undertaking the landscaping and erecting the fence previously.

·         The facility would not be noisy and would not be used 7 days a week.

·         Councillor Seldon suggested that a temporary permission would be a good compromise and would give Mr Morris some reassurances.

RESOLVED:

That condition 14 of the planning permission DCNC0009/1820/CD be varied as follows:

1.         The permission hereby granted is an amendment to planning permission DCNC0009/1820/CD dated 10 November 2010 and, otherwise than is altered by this permission, the development shall be carried out in accordance with that planning permission and the conditions attached thereto.

Reason: For the avoidance of doubt and to comply with the requirements of Policy DR1 of the Herefordshire Unitary Development Plan.

2.         Unless otherwise first agreed in writing by the Local Planning Authority, the premises shall not be open to the public outside the hours of:-

07.00 hours to 18.00 hours on Sundays and Bank or other public holidays.

07.00 hours to 2230 hours on any other day.

Reason: In the interests of residential amenity in the locality and in accordance with Policy DR1 of the Herefordshire Unitary Development Plan.     

3.         The café and kitchen within the building shall not be open independently past 21.00 and shall only be used ancillary to the use of the existing premises.

Reason: To ensure the development is in-keeping with the existing use on site and to comply with the requirements of Policy CF5 of the Herefordshire Unitary Development Plan

Reason for Approval:

1.         The application was considered against the background of seeking to protect and maintain the existing residential amenity and character within the area. The Local Planning Authority considered that the  variations in the planning condition would not adversely affect residential Amenity by way of noise nor cause light pollution. As such, the proposal is considered to comply with the provisions of the Herefordshire Unitary Development Plan 2007and the National Planning Policy Framework (NPPF).

Informative:

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.