For:      Mr & Mrs P Barnett, David Taylor Consultants, The Wheelwright's Shop, Pudleston, Leominster, Herefordshire, HR6 0RE

Ward: Mortimer

The Development Control Manager gave an outline of the planning application which was for a three bedroomed two storey detached dwelling and detached garage/store

He advised that the site was within a designated as a Protected Area, adjacent to a Scheduled Ancient Monument and within the Lingen Conservation Area.  The land was also within an Area of Great Landscape Value as designated in the Leominster District Local Plan.  He said that English Heritage had drawn attention to the fact that Lingen Castle was a monument of national importance and that its open setting was important to retain.  The remains of the castle may extend into the proposed development and remains of medieval settlement may be present in the area and may be damaged or destroyed by development.  These views were supported by the County Archaeologist who emphasised the considerable historic significance of the site and the need to retain its open aspect.  He felt that there was little difference in terms of impact from the similar application which had been refused in 2005 and that this should also be refused.  

In accordance with the criteria for public speaking Mr Lloyd of Border Group Parish Council and Mr Taylor, the agent acting for the applicants, spoke in favour of the application. 

The Committee discussed the details of the application and noted the particular family circumstances which had given rise to it.  It was also noted that the applicants had strong ties with the local community and wished to remain within the village. 

Councillor JW Hope drew attention to the views of Lingen Parish Council which supported the application because it was similar to others granted in the vicinity and which also overlooked archaeological sites.  It was felt by the parish council that the ancient monument was a grass mound and that the proposed dwelling would not have a detrimental effect upon it.  He supported these views and felt that the application should be approved.  Councillor BF Ashton was extremely sympathetic towards the difficult family circumstances facing the applicants but felt that these did not outweigh the Councils established and emerging Planning Policies.  He felt it important to ensure that such ancient monuments were preserved, particularly those which had internationally recognised importance.  A similar application had previously refused and he was of the view that there were no planning grounds for this application to be approved.

Councillor Mrs JE Pemberton had concerns that whilst the reasons for refusal were extensively covered within the report, those put forward in support and why an exception could be made to the planning policies were not so well covered.  She emphasised the reasons for the applicants to remain within the local community, drew attention to existing dwellings near to the ancient monument and said that the applicants had taken great care in the details of their proposals to ensure that the dwelling would be effectively screened by landscaping and would have a minimum impact upon it.  Councillor JB Williams drew attention to the fact that there were over 170 historically important motte and baileys within Herefordshire, many of which had dwellings nearby which had not detracted from their historic setting.  He did not feel that the design and location of the proposed dwelling would have a significant impact upon the historic setting.

Further discussion ensued about the application differing views about the impact of the proposed dwelling on the historic setting.  A question was asked about the location of the dwelling within the village envelope.  The Forward Planning Manager said that there were fewer settlement boundaries within the Herefordshire Unitary Development Plan and that the scheme did not satisfy Policy H6 regarding small settlements.  The Head of planning Services advised that careful consideration needed to be given to all the facts regarding the application in relation to the Councils Policies and the advice which had been given by Officers and English Heritage regarding the setting of an important Ancient Monument. This needed to be carefully balanced against the needs of the applicants.  Having considered all the details of the application the Committee felt that it could be supported within the planning framework with appropriate conditions to protect the ancient monument, the amenity of the area and subject to an appropriate landscaping scheme.

RESOLVED:

That the application be approved subject to appropriate conditions about landscaping and the architectural and historic interest of the area, and any further conditions felt to be necessary by the Head of Planning Services.