Agenda item

230385 & 230386 - MUSEUM, HEREFORD LIBRARY, BROAD STREET, HEREFORD, HEREFORDSHIRE, HR4 9AU

Meeting of Planning and Regulatory Committee, Wednesday 17 July 2024 10.00 am (Item 14.)

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.

Decision:

Application approved with a change to conditions.

Minutes:

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 building/site during or prior to development and to comply with the requirements of Policy LD4 of the Herefordshire Local Plan – Core Strategy. The brief will inform the scope of the recording action and the National Planning Policy Framework. The commencement of development in advance of such approval could result in irreparable harm to any identified heritage asset.

5. Without the exception of strip out works to remove modern fabric such as suspended ceilings, dry linings to undertake asbestos removal no work on site shall take place until a detailed design and method statement for the foundation design and all new groundworks has been submitted to, and approved in writing by, the Local Planning Authority. The development hereby approved shall only take place in accordance with the detailed scheme approved pursuant to this condition.

Reason: The development affects a site on which archaeologically significant remains survive and a design solution is sought to minimise archaeological disturbance through a sympathetic foundation design in order to comply with the requirements of Policy LD4 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework. The commencement of development in advance of such approval could result in irreparable harm to any identified heritage asset.

6. Prior to first use of any part of the development works approved under this planning decision notice, evidence of the suitably placed installation within the site boundary or on other land under the applicant’s control of a minimum total of TWO ‘permanent’ Bat roosting boxes (or similar roosting features) and TWO bird nesting boxes (mixed types), should be supplied to and acknowledged by the Local Planning Authority; and shall be maintained hereafter as approved.

Reason: To ensure Biodiversity Net Gain as well as species and habitats enhancement having regard to the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019’ (the ‘Habitats Regulations’), Wildlife and Countryside Act 1981,), National Planning Policy Framework, NERC Act (2006) and Herefordshire Local Plan - Core Strategy policies LD1, LD2 and LD3.

7. All foul water shall discharge to the existing mains sewer connection; unless otherwise agreed in writing by the Local Planning Authority.

Reason: In order to comply with Conservation of Habitats and Species Regulations 2017, as amended by the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019’ (the ‘Habitats Regulations’), Wildlife & Countryside Act (1981 amended) National Planning Policy Framework, NERC Act (2006) and Herefordshire Local Plan - Core Strategy policies SS1, SS6, SD3, SD4 and LD2.

8. The multi-functional spaces hereby permitted shall not be open to the public/customers outside the hours of 0800 to 2200 Sundays to Thursdays and 0800 and 2300 Fridays and Saturdays.

Reason: To safeguard the amenities of the locality and Herefordshire Local Plan - Core Strategy policies SS6, SD1 and LD1-3.

9. During the construction phase no machinery shall be operated, no process shall be carried out and no deliveries taken at or despatched from the site outside the following times: Monday-Friday 7.00 am-6.00 pm, Saturday 8.00 am-1.00 pm nor at any time on Sundays, Bank or Public Holidays.

Reason: To protect the amenity of local residents and to comply with Policy SD1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

10. Prior to first use of the building by museum staff, details of an internal store for staff cycle storage within the building shall shall be submitted to the Local Planning Authority for their written approval. This store shall be carried out in strict accordance with the approved details and available for use prior to the first use of the development hereby permitted. Thereafter these facilities shall be maintained.

Reason: To encourage alternative modes of transport in accordance with both local and national planning policy and to conform with the requirements of Policies SD1 and MT1 of Herefordshire Local Plan

INFORMATIVES:

1. IP2 – Approval following revisions

2. I01 – AAI notification

3. The ownership of the land subject of this application is vested in the Council and the consent of the Council as landowner is required before the development is commenced.

4. Interest (easements and other rights) in the land that restrict activity in proximity to Cadent assets in private land.

5. The applicant must ensure that the proposed works do not infringe on legal rights of access and or restrictive covenants that exist. If buildings or structures are proposed directly above the apparatus the development may only take place following diversion of the apparatus. The applicant should apply online to have apparatus diverted in advance of any works, by visiting cadentgas.com/diversions Prior to carrying out works, including the construction of access points, please register on www.linesearchbeforeudig.co.uk to submit details of the planned works for review, ensuring requirements are adhered to. Your responsibilities and obligations

6. Cadent may have a Deed of Easement on the pipeline, which provides us with a right of access for a number of functions and prevents change to existing ground levels, storage of materials. It also prevents the erection of permanent/temporary buildings, or structures. If necessary Cadent will take action to legally enforce the terms of the easement.

7. The Authority would advise the applicant (and their contractors) that they have a legal Duty of Care as regards wildlife protection. The majority of UK wildlife is subject to some level of legal protection through the Wildlife & Countryside Act (1981 as amended), with enhanced protection for special “protected species” such as all Bat species (roosts whether bats are present or not), Badgers, Great Crested Newts, Otters, Dormice, Crayfish and reptile species that are present and widespread across the County. All nesting birds are legally protected from disturbance at any time of the year. Care should be taken to plan work and at all times of the year undertake the necessary precautionary checks and develop relevant working methods prior to work commencing. If in any doubt it advised that advice from a local professional ecology consultant is obtained.

8. The applicant may need to apply to Dwr Cymru / Welsh Water for any connection to the public sewer under S106 of the Water industry Act 1991. If the connection to the public sewer network is either via a lateral drain (i.e. a drain which extends beyond the connecting property boundary) or via a new sewer (i.e. serves more than one property), it is now a mandatory requirement to first enter into a Section 104 Adoption Agreement (Water Industry Act 1991). The design of the sewers and lateral drains must also conform to the Welsh Ministers Standards for Gravity Foul Sewers and Lateral Drains, and conform with the publication "Sewers for Adoption"- 7th Edition. Further information can be obtained via the Developer Services pages of www.dwrcymru.com The applicant is also advised that some public sewers and lateral drains may not be recorded on our maps of public sewers because they were originally privately owned and were transferred into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011. The presence of such assets may affect the proposal. In order to assist us in dealing with the proposal the applicant may contact Dwr Cymru Welsh Water to establish the location and status of the apparatus. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times

b) 230386/L– That listed building consent be granted subject to the following conditions and any other conditions (amendments) considered necessary by officers named in the scheme of delegation to officers:

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

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

2. Works in accordance with the approved plans: See Appendix 4

3. Before work begins the details of appointment of an appropriately qualified professional specialising in conservation work who will supervise the hereby approved works of alteration or demolition shall submitted to and agreed in writing with the Local Planning Authority. Any proposed changes to the agreed supervision arrangements shall be subject to the prior written agreement of the Local Planning Authority.

Reason: To ensure that special regard is paid to specific architectural features or fixtures and to ensure the fabric is protected from damage during the course of works in accordance with policy LD4 of the Herefordshire Local Plan - Core Strategy, the National Planning Policy Framework and under Section 16 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

4. Without the exception of strip out works to remove modern fabric such as suspended ceilings, dry linings to undertake asbestos removal no demolition works shall begin until details and the methodology to secure the safety and stability of those parts of the building to be retained are submitted to and approved in writing with the Local Planning Authority. The works are to be carried out fully in accordance with the approved methodology and details. The methodology and details shall include:

• Strengthening any wall or vertical surface;

• Support for roof timbers on the Broad Street elevation

• Provision of protection for the building against the weather;

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

5. Without the exception of strip out works to remove modern fabric such as suspended ceilings, dry linings to undertake asbestos removal no works of demolition or alteration by way of substantial partial demolition shall begin until evidence has been submitted to and approved in writing by the Local Planning Authority that a binding contract for the full implementation of the comprehensive scheme of development has been entered into for the carrying out of works for redevelopment of the site in accordance with all the necessary permissions and consents.

Reason: To ensure that premature demolition does not take place and that an unsightly gap or derelict site does not detract from the character and appearance of the area in accordance with policy LD4 of the Herefordshire Local Plan - Core Strategy, the National Planning Policy Framework and under Section 16 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

6. Without the exception of strip out works to remove modern fabric such as suspended ceilings, dry linings to undertake asbestos removal, no further development shall take place until details or samples of materials to be used externally on walls and roofs including the balustrade have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

Reason: To ensure that the materials harmonise with the surroundings so as to ensure that the development complies with the requirements of Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

7. Before the relevant section of work begins, details of the following shall be submitted to and approved in writing by the Local Planning Authority:

• A sample of the bricks and brickbond to be used in block up the existing rear pedestrian door.

• the face bond of brickwork;

• description of the joints proposed;

• mortar mix, profile and finish.

The works shall be carried out in accordance with the approved details.

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

8. No pointing or repointing of existing [brickwork] [stonework] shall commence until a drawing identifying the affected areas, details of the method of removing the existing mortar and details/samples of the new mortar mix and joint finish have been submitted to/inspected and approved in writing by the Local Planning Authority. The development shall be completed in accordance with the approved details.

Reason: To safeguard the architectural and historic interest and character of the building, in accordance with Policy LD4 of the Herefordshire Local Plan - Core Strategy, the National Planning Policy Framework and under Section 16 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

9. Under no circumstances whatsoever are powered tools (for example, air-driven tools; electric angle grinders and so forth) to be used to cut back masonry joints prior to repointing.

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

10. Unless otherwise agreed beforehand in writing by the local planning authority the existing fabric of the building shall be stabilised, maintained, repaired and adapted as approved in situ as per the;

• Masonry Survey by Stoneworks Building Surveyors 08/04/2024

• Masonry repair Report HMAG-BML-XX-XX-RP-S-0010

Reason: In the interests of conserving the character of the building so as to ensure that the development complies with the requirements of Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

11. Full details of ‘making good’ exposed areas revealed by demolitions are to be submitted and approved in writing by the Local Planning Authority prior to commencement of works.

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

12. Post creation of opening and introduction of steelwork, but before the relevant section of work begins, details of the following shall be submitted to and approved in writing by the Local Planning Authority:

- Details of the architectural details around the pad stones supporting the steelwork creating the 2 entrance doors to the front foyer rooms identified as 00-003 and 00-005 on drawing 10265-Art-XX-00-DR-A-41110 rev P03

The works shall be carried out in accordance with the approved details.

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

13. Before the relevant section of work begins, details of the following shall be submitted to and approved in writing by the Local Planning Authority:

· Repairs to the balcony on Broad Street

· Details of any venting to the Woolhope Room

· Details of any window seals, location and type to W021, W0202, and W0203