It seems you are using Internet Explorer 6 (or maybe you just have css disabled). We no longer guarantee that our site will display as intended in this browser.

Agenda and minutes

Venue: Council Chamber, Town Hall, Penrith

Contact: Members Services  01768 212207

Items
No. Item

Pla/194/02/16

Apologies for Absence

Minutes:

Apologies for absence were received from Councillor J Tompkins, Councillor M Eyles attended as a substitute.

Pla/195/02/16

Minutes

To sign the minutes:

 

1)         Pla/173/01/16 to Pla/175/01/16 of the special meeting of this Committee held on 21 January 2016; and

2)         Pla/176/01/16 to Pla/190/01/16 of the meeting of this Committee held on 21 January 2016

 

as a correct record of those proceedings (copies previously circulated).

Minutes:

RESOLVED that;

 

·         the public minutes Pla/173/01/16 to Pla/175/01/16 of the special meeting of this Committee held on 21 January 2016 and

·         the public minutes Pla/175/01/16 to Pla/190/01/16 of the meeting of this Committee held on 21 January 2016

 

be confirmed and signed by the Chairman as a correct record of those proceedings.

Pla/196/02/16

Declarations of Interest

To receive any declarations of the existence and nature of any private interests, both disclosable pecuniary and any other registrable interests, in any matter to be considered or being considered.

Minutes:

1.         All Members declared a registerable but non-pecuniary interest in that they had been lobbied regarding the applications relating to Eden Grove, Bolton.

 

2.         Councillor J Thompson declared a registerable but non-pecuniary interest in planning application 15/0606, as the applicant was a former Eden District Councillor and was known to him.

 

3.         Councillor M Eyles and Councillor J Lynch declared a registerable but non-pecuniary interest in planning application 08/0291, as part of the application site was within their ward.

Pla/197/02/16

Appeal Decision Letters pdf icon PDF 237 KB

To receive the decision letters from the Planning Inspectorate for the appeals relating to:

Application Number(s)

Applicant / Appeal

Appeal Decision

15/0001

Mr I Davidson

Land West of Station Road, Penruddock, Cumbria, CA11 0RR

 

The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant approval required under Schedule 2, Part 3, Class Q of the Town and Country Planning (General Permitted Development) (England) Order 2015.

 

The development proposed is the change of use of an agricultural building to a dwellinghouse with associated operational development.

The appeal is allowed and approval is granted

14/0919

Mr P Montgomerie

Land to rear of Lilacs, Lazonby, Penrith, Cumbria, CA10 1AQ

 

The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant outline planning permission.

 

The development proposed is 5 houses.

The appeal is allowed and outline planning permission is granted

 

Minutes:

The Planning Committee considered report CD17/16 of the Head of Planning services which detailed the decision letters received since its last meeting.

 

Application Number(s)

Applicant

Appeal Decision

15/0001

Mr I Davidson

Land West of Station Road, Penruddock, Cumbria, CA11 0RR

 

The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant approval required under Schedule 2, Part 3, Class Q of the Town and Country Planning (General Permitted Development) (England) Order 2015.

 

The development proposed is the change of use of an agricultural building to a dwellinghouse with associated operational development.

The appeal is allowed and approval is granted.

14/0919

Mr P Montgomerie

Land to rear of Lilacs, Lazonby, Penrith, Cumbria, CA10 1AQ

 

The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant outline planning permission.

 

The development proposed is 5 houses.

The appeal is allowed and outline planning permission is granted.

 

RESOLVED that the report be noted.

Pla/198/02/16

Planning Issues pdf icon PDF 34 KB

To note the attached lists of the Head of Planning Services.

a)    Applications determined under office delegated powers for the month of January 2016.

b)    Reasons for refusal on delegated decisions for the month of January 2016

Additional documents:

Minutes:

RESOLVED that:

 

1.         Applications determined under officer delegated powers for the month of January 2016 (attached to these minutes as Appendix 1)

 

2.         Reasons for refusal on delegated decisions for the month of January 2016 (attached to these minutes as Appendix 2)

 

be noted.

Pla/199/02/16

Planning Issues - Applications for Debate (Green Papers) pdf icon PDF 2 MB

a)    To consider the reports of the Head of Planning Services on the following applications:

 

Item No

Application Details

Officer Recommendations

Page Number

1

Planning Application No: 15/0728

Conversion of buildings to residential use and construction of new dwellings to provide 35 units on site.

Eden Grove, Bolton

Eden Grove Investment Properties Ltd - Mr Bhailok

Recommended to:

 

APPROVE

Subject to Conditions

3

2

Planning Application No: 15/0633

Proposed refurbishment of gatehouse and (Lodge) bungalow to form two independent dwellings and one new build bungalow.

Eden Grove, Access road to Eden Grove from the C3047, Bolton

Mr Y Bhailok

Recommended to:

 

APPROVE

Subject to Conditions

22

3

Planning Application No: 15/0917

Erection of 3 No detached bungalows

Eden Grove, Bolton

Mimar Design Architects

Recommended to:

 

APPROVE

Subject to Conditions

32

4

Planning Application No: 08/0291

Urban extension to provide market and affordable housing, School, community facilities and associated infrastructure including roads, drainage, open space and landscaping

Carleton Heights, Penrith

Persimmon Homes

Recommended to:

APPROVE

Subject to Conditions

43

5

Planning Application No: 15/0867

Removal of conditions nos.3, 4, 5 and 6 (holiday let restrictions) attached to planning approval 11/0646 to allow the dwelling to be used as affordable housing.

Honeysuckle Cottage, Kellybarklane, Great Asby

Mr B Walton

Recommended to:

 

APPROVE

Subject to Conditions

64

6

Planning Application No: 15/0781

Proposed Agricultural Workers Dwelling

Wath Lane, Newbiggin-on-Lune

Mr M Bowman

Recommended to:

 

APPROVE

Subject to Conditions

70

7

Planning Application No: 15/0606

Proposed installation of a Tozzi Nord TN535 10kw domestic wind turbine to generate electricity

Coatlith Hill Farm, Alston

Mr C Harrison

Recommended to:

 

REFUSE

With Reasons

78

8

Planning Application No: 15/0813

Retrospective permission for the change of use from cafe to residential and removal of chimney stack

Kirkland Cottage, Orton

Mr A Midgley

Recommended to:

 

APPROVE

Subject to Conditions

87

9

Planning Application No: 15/0946

Proposed Alterations and Extension to Existing Dwelling

5 Riverside, Maulds Meaburn

Mr and Mrs Wood

Recommended to:

 

APPROVE

Subject to Conditions

93

10

Planning Application No: 15/0857

Listed building consent for the demolition of a derelict farm building

Gilts, Crosby Ravensworth

Mr Dent

Recommended to:

 

APPROVE

Subject to Conditions

100

 

Minutes:

The Committee was advised of the applications requiring a decision by Members as detailed in a report of the Head of Planning Services.

 

RESOLVED that

 

1.         the following applications for planning permissions ("those applications") are determined as indicated hereunder;

 

2.         those applications which are approved be approved under the Town and Country Planning Act, 1990, subject to any detailed conditions set out in the Report, to any conditions set out below and to any conditions as to time stipulated under Sections 91 and 92 of the Act;

 

3.         those applications which are refused be refused for the reasons set out in the report and/or any reasons set out below;

 

4.         those applications which the Head of Planning Services is given delegated powers to approve under the Town and Country Planning Act, 1990, be approved by him subject to any detailed conditions set out in the Report, to any conditions as to time stipulated under Sections 91 and 92 of the Act, to the receipt of satisfactory replies.

Pla/200/02/16

Conversion of buildings to residential use and construction of new dwellings to provide 35 units on site, Eden Grove, Bolton, Eden Grove Investment Properties Ltd (Planning Application 15/0728)

Minutes:

The Committee received a presentation from Mr P Griffiths, Chairman of Bolton Parish Council, objecting to the application.

 

The Committee received a presentation from Mr R Bird objecting to the application.

 

Councillor Mrs J Raine, as Ward Member, addressed the Committee objecting to the application.

 

The Committee received a presentation rom Mr L Donnelly, the agent, in support of the application.

 

RESOLVED that the Members be MINDED TO REFUSE the application on the grounds that it was contrary to the NPPF and CS1, 2, 4, 17 and 18 of the Core Strategy, did not provide amenity to or enhance the application site.

 

Members and the public were informed that the application would be considered further at a future meeting of the Committee.

Pla/201/02/16

Proposed refrubishment of gatehouse and (Lodge) bungalow to form two independent dwellings and one new build bungalow, Eden Grove, Bolton, Eden Grove Investment Properties Ltd (Planning Application 15/0633)

Minutes:

The Committee received a presentation from Mr A McVitie, a local resident, objecting to the application.

 

The Committee received a presentation from Mr L Donnelly, the agent, supporting the application.

 

Members considered application 15/0633 regarding the proposed refurbishment of gatehouse and (Lodge) bungalow to form two independent dwellings and one new build bungalow at Eden Grove, Bolton.

 

Moved by Councillor J Thompson

Seconded by Councillor E Martin

 

That the recommendations contained within the report be approved

 

A vote was taken:

 

For - 8

Against – 1

 

Councillor Mrs V Kendall asked that her abstention be noted.

 

RESOLVED that;

 

Delegated powers be granted to the Head of Planning Services to grant planning permission following the receipt of a Unilateral Planning Obligation in relation to a 3% contribution to housing and subject to the following conditions:

 

1) The development permitted shall be begun before the expiration of three years from the date of this permission.

 

Reason: In order to comply with the provisions of the Town and Country Planning Act 1990.

 

2) The development hereby granted shall be carried out strictly in accordance with the revised details and plans hereby approved (Drawing Numbers P-01(B), P-05(A), P-02(B), P-06, P-03, P-07(A), P-04 & P-08(A) dated as received on 21 September 2015.

 

Reason: To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.

 

3) No development shall commence within the site until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Local Planning Authority.

 

The written scheme will include the following components:

 

i) An archaeological evaluation.

 

ii) An archaeological recording programme, the scope of which will be dependent upon the results of the evaluation.

 

iii) Where significant archaeological remains are revealed by the programme of archaeological work, a post-excavation assessment and analysis, preparation of a site archive ready for deposition at a store approved by the Local Planning Authority, completion of an archive report, and submission of the results for publication in a suitable journal.

 

Reason: To afford reasonable opportunity for an examination to be made to determine the existence of any remains of archaeological interest within the site and for the preservation, examination or recording of such remains.

 

4) Foul and surface water shall be drained on separate systems.

 

Reason: To secure proper drainage and to manage the risk of flooding and pollution.

 

5) Prior to the commencement of any development, a surface water drainage scheme, based on the hierarchy of drainage options in the National Planning Practice Guidance with evidence of an assessment of the site conditions (inclusive of how the scheme shall be managed after completion) shall be submitted to and approved in writing by the Local Planning Authority.

 

The surface water drainage scheme must be in accordance with the Non-Statutory Technical Standards for Sustainable Drainage Systems (March 2015) or any subsequent replacement national standards and unless otherwise agreed in writing by the  ...  view the full minutes text for item Pla/201/02/16

Pla/202/02/16

Erection of 3 No detached bungalows, Eden Grove, Bolton, Eden Grove Investment Properties Ltd (Planning Application 15/0917)

Minutes:

The Committee received a presentation from Mr D Cotton, a local resident, who was objecting to the application.

 

The Committee received a presentation from Mr R Bird, on behalf of Bolton Parish Council, objecting to the application.

 

The Committee received a presentation from Mr L Donnelly, the agent, in support of the application.

 

RESOLVED that the application be APPROVED subject to the following condition:

 

1. The development hereby permitted shall be begun not later than the expiration of three years beginning with the date of this permission.

 

Reason: To ensure compliance with Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

2. The development shall be completed in accordance with the following approved plans Drawings NB-P01, NB-P05E and NB-P06D received on 17 December 2015 and drawings NB-P07, NB-P08, NB-P09 and NB-P10 received by the Local Planning Authority on 5 October 2015].

 

Reason: To specify the permission and for the avoidance of doubt

 

3. No development shall commence within the site until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Local Planning Authority.

 

This written scheme will include the following components:

 

i) An archaeological evaluation;

 

ii) An archaeological recording programme the scope of which will be dependent upon the results of the evaluation;

 

iii) Where significant archaeological remains are revealed by the programme of archaeological work, a post-excavation assessment and analysis, preparation of a site archive ready for deposition at a store approved by the Local Planning Authority, completion of an archive report, and submission of the results for publication in a suitable journal.

 

Reason: To afford reasonable opportunity for an examination to be made to determine the existence of any remains of archaeological interest within the site and for the preservation, examination or recording of such remains.)

 

4. Foul and surface water shall be drained on separate systems.

 

Reason: To secure proper drainage and to manage the risk of flooding and pollution.

 

5. Prior to the commencement of any development, a surface water drainage scheme, based on the hierarchy of drainage options in the National Planning Practice Guidance with evidence of an assessment of the site conditions (inclusive of how the scheme shall be managed after completion) shall be submitted to and approved in writing by the Local Planning Authority.

 

The surface water drainage scheme must be in accordance with the Non-Statutory Technical Standards for Sustainable Drainage Systems (March 2015) or any subsequent replacement national standards and unless otherwise agreed in writing by the Local Planning Authority, no surface water shall discharge to the public sewerage system either directly or indirectly.

 

The development shall be completed, maintained and managed in accordance with the approved details.

 

Reason: To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution. This condition is imposed in light of policies within the  ...  view the full minutes text for item Pla/202/02/16

Pla/203/02/16

Removal of conditions Nos 3, 4, 5 and 6 (holiday let restrictions) attached to planning approval 11/0646 to allow the dwelling to be used as affordable housing, Honeysuckle Cottage, Kellyberklane, Great Asby, Mr B Walton

Minutes:

The Committee received a presentation from Councillor Mrs J Raine, the ward member, supporting the application.

 

The Committee received a presentation from Ms K Bell, on behalf of the agent, in support of the application.

 

RESOLVED that delegated powers be given to the Head of Planning Services to grant planning permission subject to the applicant entering into a Section 106 Legal Agreement to ensure the occupation and future sale of the property complies with the Council’s policies and guidance relating to Affordable Housing.

Pla/204/02/16

Proposed Installation of a Tozzi Nord TN535 10kw domestic wind turbine to generate electricity, Coatlith Hill Farm, Alston, Mr C Harrison (Planning application 15/0606)

Minutes:

The Committee received a presentation from Mr C Harrison, the applicant, in support of the application.

 

RESOLVED that Members be MINDED TO APPROVE the application on the grounds that there was little local objection and the proposed turbine was appropriate for its intended purpose.

Pla/205/02/16

Retrospective permission for the change of use from cafe to residential and removal of chimney stack, Kirkland Cottage, Orton, Mr A Midgley (Planning Application 15/0813)

Minutes:

RESOLVED that the application be APPROVED subject to the following condition:

 

1.         The development hereby granted shall be carried out in accordance with the drawings hereby approved:

 

i.          Site location plan received on 28/08/2015

 

Reason: To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.

Pla/206/02/16

Listed building consent for the demolition of a derelict farm building, Gilts, Crosby Ravensworth, Mr Dent (Planning Application 15/0857)

Minutes:

The Committee received a presentation from Mr E Dent, on behalf of the applicant, supporting the application.

 

RESOLVED that the application be APPROVED subject to the following conditions and reasons:

 

Time Limit for Commencement

 

1. The development permitted shall be begun before the expiration of three years from the date of this permission.

 

Reason: In order to comply with the provisions of Section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

 

Approved Plans

 

2. The development hereby granted shall be carried out in accordance with the drawings hereby approved:

 

i) Location Plan received 15 September 2015

 

Reason: To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.

 

The meeting adjourned at 12.40pm

 

The meeting reconvened at 1.30pm

Pla/207/02/16

Urban extension to provide market and affordable housing, School, community facilities and associated infrastructure including roads, drainage, open space and landscaping, Carleton Heights, Penrith, Persimmon Homes (Planning Application 08/0291)

Minutes:

RESOLVED that Members DEFER consideration of the application until a special meeting of the Committee on Thursday, 3 March 2016, on the grounds that the scale and potential impact of the application require additional consideration.

Pla/208/02/16

Any Other Items which the Chairman decides are urgent

Minutes:

There were no items of urgent business at this meeting.

Pla/209/02/16

Date of Next Meeting

To confirm the date of the next meeting of this Committee as 17 March 2016.

Minutes:

The date of the next meeting of the Committee was confirmed as 17 March 2016.

Pla/210/02/16

Exclusion of Press and Public

To consider whether, in accordance with Section 100A(4) of the Local Government Act 1972, members of the public (including the press) should be excluded from the meeting during discussion of the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraph 2 of Part 1 to Schedule 12A of the Act

Minutes:

RESOLVED that in accordance with Section 100A(4) of the Local Government Act 1972, members of the public (including the press) be excluded from the meeting during discussion of the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraph 2 of Part 1 to Schedule 12A of the Act

Pla/211/02/16

Car Park Management Plan, Morrison's Supermarket, Penrith

To consider the attached report of the Head of Planning Services.

Minutes:

Councillor J Thompson left the meeting at 2.25pm

 

Members considered report CD16/16 of the Head of Planning Services which outlined a complaint regarding the Car Park Management Plan at Morrison’s Supermarket, Penrith.

 

The Committee agreed the recommendation within the report.