Agenda and draft minutes

Planning Committee
Thursday, 14th February, 2019 9.30 am

Venue: Council Chamber, Town Hall, Penrith

Contact: Members Services  01768 817 817

Items
No. Item

Pla/145/02/19

Apologies for Absence

Minutes:

No apologies for absence were received at this meeting.

Pla/146/02/19

Minutes

To sign the minutes Pla/129/1/19 to Pla/144/1/19 of the meeting of this Committee held on 17 January 2019 as a correct record of those proceedings (copies previously circulated).

 

Minutes:

RESOLVED that the public minutes Pla/129/1/19 to Pla/144/1/19 of the meeting of this Committee held on 17 January 2019 be confirmed and signed by the Chairman as a correct record of those proceedings.

Pla/147/02/19

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:

Councillor Lynch declared a disclosable pecuniary interest with regard to planning application number 18/0967 as he was the applicant. He stated that he would leave the room for the duration of that item.

 

Councillor Armstrong gave a personal explanation with regard to planning application number 18/0913 as he had employed the applicant to undertake work. He would remain in the room for the duration of the item.

 

Councillor Armstrong gave a personal explanation with regard to planning application number 18/0879 as he knew the applicant. He would remain in the room for the duration of the item.

 

All members gave a personal explanation with regard to planning application 18/0679 as they had been lobbied by the objector.

 

Councillor Eyles gave a personal explanation with regard to planning application number 18/0943 and 18/0945, as he had received communication from the applicant. He would remain in the room for the duration of the item.

 

Councillor Eyles gave a personal explanation in that he was recording the meeting for personal purposes.

Pla/148/02/19

Planning Issues pdf icon PDF 28 KB

To note the attached lists of the Deputy Director Technical Services.

a)    Applications determined under office delegated powers for the month of January 2019.

b)    Reasons for refusal on delegated decisions for the month of January 2019.

Additional documents:

Minutes:

RESOLVED that the attached lists of the Deputy Director Technical Services:

a)    Applications determined under office delegated powers for the month of January 2019(attached as appendix 1 to these minutes)

b)    Reasons for refusal on delegated decisions for the month of January 2019(attached as appendix 2 to these minutes)

be noted.

 

Pla/149/02/19

Planning Issues - Applications for Debate (Green Papers) pdf icon PDF 6 MB

To consider the reports of the Deputy Director Technical Services on the following applications:

 

Item No

Application Details

Officer Recommendation

Page Number

1

Planning Application No: 18/0913

 

Demolition of Former Care Home and Erection of 54 Apartments for Assisted Living with Ancillary Communal Rooms

 

Newton House, Newton Road, Penrith

 

Atkinson Builders and Housing Care 21

Recommended to:

 

APPROVE

Subject to Conditions

17

2

Planning Application No: 18/0966

 

Residential development with all matters reserved

 

Land south of Coach House, Morland

 

Mr R Makinson

Recommended to:

 

REFUSE

With Reasons

39

3

Planning Application No: 18/1013

 

Listed building consent for dismantling and rebuilding chimney

 

Church Mews, Duke Street, Penrith

 

Mr P Wilkinson – Impact Housing

Recommended to:

 

APPROVE

Subject to Conditions

50

4

Planning Application No: 18/0879

 

Outline application for two residential dwellings (Local Occupancy) with all matters reserved

 

Land adjacent to Oakfields, Yanwath, Penrith

 

Mr A Jackson

Recommended to:

 

REFUSE

With Reasons

58

5

Planning Application No: 18/0967

 

Variation of condition 3 (visibility splays) attached to approval 16/1027

 

14 Carleton Road, Penrith

 

Mr J Lynch

Recommendation to:

 

APPROVE

Subject to Conditions

68

6

Planning Application No: 18/0943

 

Variation of condition 2 (operational length) and condition 3 (solar farm decommissioning) to extend from 30 to 40 years attached to appeal approval APP/H0928/W/16/3147860

 

Land to the south of Graham Wood, Great Strickland

 

Lightsource SPV 179 Ltd

Recommended to:

 

APPROVE

Subject to Conditions

76

7

Planning Application No: 18/0945

 

Variation of condition 2 (operational length) and condition 3 (solar farm decommissioning) to extend from 30 to 40 years attached to appeal approval APP/H0928/W/16/3147861

 

Land south of Dallan Bank Wood, Newby

 

Lightsource SPV 179 Ltd

Recommended to:

 

APPROVE

Subject to Conditions

87

 

 

Minutes:

Members were advised of the applications requiring a decision by Members as detailed in a report of the Deputy Director Technical 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 Deputy Chief Executive 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/150/02/19

Planning Application No. 18/0913, Demolition of Former Care Home and Erection of 54 Apartments for Assisted Living with Ancillary Communal Rooms, Newton House, Newton Road, Penrith

Minutes:

The Committee received a presentation from Councillor L Grisedale, in support of the application.

 

The Committee received a presentation from Mr S Woodall, an agent, in support of the application.

 

The Committee asked and received answers to questions from Mr P Barnard and Mr S Taylor, Highways Department at Cumbria County Council.

 

Proposed by Councillor Patterson

Seconded by Councillor Lynch

 

and RESOLVED that planning permission be APPROVED and delegated power be given to the Deputy Director Technical Services to enter into a Section 106 Agreement to the absolute satisfaction of the Deputy Chief Executive and the Deputy Director Technical Services, requiring the provision of 100% affordable Houses and the Council’s reasonable costs being paid in relation to that Section 106 Agreement. Planning permission is also granted subject to the following conditions:

1.         The development hereby permitted shall commence 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 approved shall be carried out strictly in accordance with the following plans and documents hereby approved:

 

·         Application Form (revised wording 14 January 2019) dated 07 November 2018;

·         Site Plan, received 12 November 2018;

·         Block Plan, received 12 November 2018;

·         Proposed Site Plan (ref: DWg No 02 – Rev.F) dated 14 January 2019, received 14 January 2019;

·         Proposed GF Plan (ref: Dwg No 07 – Rev.A) dated 05 November 2018, received 12 November 2018;

·         Proposed FF Plan (ref: Dwg No 08 – Rev.A) dated 05 November 2018, received 12 November 2018;

·         Proposed SF Floor Plans (ref: Dwg No 09 – Rev.A) dated 05 November 2018, received 12 November 2018;

·         Proposed Elevations (ref: Dwg No 04) dated 24 October 2018, received
12 November 2018;

·         Proposed Elevations (ref: Dwg No 05 – Rev.D) dated 05 November 2018, received 12 November 2018;

·         Proposed Elevations (ref: Dwg No 06 – Rev.A) dated 05 November 2018, received 12 November 2018;

·         Green Travel Plan (ref: September 2018/v1) dated 12 November 2018;

·         Openspace Tree Survey, dated June 2018, received 12 November 2018;

·         Openspace Addendum to Tree Survey Report (ref: OP-Newton House Addendum – 18/TRE11v1) dated 07 November 2018, received
12 November 2018;

·         Tree Method Statement (ref: OP-Newton House – 18/TRE13v1) dated January 2019, received 14 January 2019;

·         Air Quality Assessment (ref: 7284.2 – Rev.A) dated 20 December 2018;

·         Noise Impact Assessment (ref: 7284.1 – Rev.A) dated 20 December 2018.

 

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

 

3.         No demolition or construction works shall take place except between the following hours:

Monday to Friday: 08:00-18:00hrs

Saturday: 09:00-13:00hrs

And at no times on Sundays or Bank (or Public) holidays.

 

Reason: In the interest of protecting local residential amenity.

 

Prior to Commencement

 

4.         Prior to the commencement of any construction work, a surface water drainage scheme, based on the hierarchy of drainage options in the National Planning Practice Guidance with evidence of  ...  view the full minutes text for item Pla/150/02/19

Pla/151/02/19

Planning Application No: 18/0966, Residential development with all matters reserved, Land south of Coach House, Morland

Minutes:

The Committee received a presentation from Councillor M Tonkin, in support of the application.

 

The Committee received a presentation from Councillor S Wilson, from Morland Parish Council, in support of the application.

 

The Committee received a presentation from Mr D Addis, an agent, in support of the application.

 

Proposed by Councillor Lynch

Seconded by Councillor Eyles

 

and RESOLVED that the application be APPROVED and that delegated power be given to the Deputy Director Technical Services to agree conditions with the applicant.

 

Reason:

 

The proposal represents an appropriate scale development within a smaller village and hamlet, and would not cause substantial harm to the settlement.

 

It was considered that the circumstances of the applicant justified the approval of the application.

Pla/152/02/19

Planning Application No. 18/1013, Listed building consent for dismantling and rebuilding chimney, Church Mews, Duke Street, Penrith

Minutes:

The Committee received a presentation from Councillor P Baker, from Penrith Town Council, in objection to the application.

 

The Committee received a presentation from Mr A Poole, an agent, in support of the application.

 

Proposed by Councillor Lynch

Seconded by Councillor Patterson

 

and RESOLVED that Listed Building consent be GRANTED subject to the following conditions:

 

Time Limit for Commencement

 

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

 

            Reason: In order to comply with the provisions of the Planning (Listed Building 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 (Drawing No: 6278-01) received 21 December 2018

            ii)    Chimney Details (Drawing No: 6278/200) received 21 December 2018

            iii)   Heritage Statement received 21 December 2018

 

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

 

Mrs C Brier left the meeting at 11.10am.

Pla/153/02/19

Planning Application No: 18/0879, Outline application for two residential dwellings (Local Occupancy) with all matters reserved, land adjacent to Oakfields, Yanwath, Penrith

Minutes:

The Committee received a presentation from Mr T Blundell in objection to the application.

 

The Committee received a presentation from Mr A Hutchinson, an agent, in support of the application.

 

Proposed by Councillor Patterson

Seconded by Councillor Clark

 

and RESOLVED that the application is refused for the following reasons:

 

1.            The proposed development by virtue of its location, scale and siting would have significant and adverse impact on the character and visual amenity of the hamlet and thereby does not accord with Policies LS1 and HS2 of the adopted Eden Local Plan (2014-2032).

 

2.         In the absence of overriding justification otherwise, the site and potential scale of resulting proposed residential development would have an unacceptable and demonstrably harmful impact on the character and amenity of both the local landscape, and the associated small residential cluster and its setting, contrary to the aims and criteria concerns of adopted Policies HS2, DEV5 and ENV2 of the adopted Eden Local Plan (2014-2032).

Pla/154/02/19

Planning Application No: 18/0967, Variation of condition 3 (visibility splays) attached to approval 16/1027), 14 Carleton Road, Penrith

Minutes:

Councillor Lynch left the room at 11.30am.

 

Proposed by Councillor Chambers

Seconded by Councillor Eyles

 

and RESOLVED that planning permission be granted subject to the following conditions:

 

Time Limit for Commencement

 

1.         The development permitted shall be begun before the 17 February 2020.

 

Reason: In order to comply with the provisions of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

Approved Plans

 

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

      i.    Application Form dated 21 November 2016.

      ii.   Design and Access Statement (ref: 115-175) received 22 November 2016.

      iii.  Location Plan (ref: 115-175-01 - Rev.A) dated 19 January 2016, received 22 November 2016.

      iv.  Proposed Site Plan (ref: 115-175-02 - Rev.E) dated 19 January 2016, received 22 November 2016.

      v.   Proposed Plans and Elevations (ref: 115-175-03 - Rev.E) dated 19 January 2016.

vi.  As Proposed Plan and Elevations (ref: 115-175-04 - Rev.C) dated 19 January 2016.

vii.             Proposed Site Section (ref: 115-175-05- Rev.C) dated 20 January 2016.

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

 

Prior to Commencement

 

3.         Prior to the commencement of development visibility splays providing clear visibility of 45.76m from the North-West and 30m from the South-East measured 2 metres down the centre of the access road and the nearside channel line of the major road have been provided at the junction of the access road with the county highway.

 

            Reason: In the interest of highway safety.

 

Ongoing Conditions

 

4.         Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order) relating to permitted development, no structure, vehicle or object of any kind shall be erected, parked or placed and no trees, bushes or other plants shall be planted or be permitted to grown within the visibility splay which obstruct the visibility splays.

 

Reason: In the interest of highway safety.

 

Councillor Lynch returned to the room at 11.36am

 

Mr N Unwin left the room at 11.36am.

Pla/155/02/19

Planning Application No. 18/0943, Variation of condition 2 (operational length) and condition 3 (solar farm decommissioning) to extend from 30 to 40 years attached to appeal approval APP/H0928/W/16/3147860, land south of Graham Wood, Great Strickland

Minutes:

The Committee received a presentation from Ms J Gittoes, of Lightsource SPV 179 Ltd, in support of the application.

 

Proposed by Councillor Chambers

Seconded by Councillor Eyles

 

and RESOLVED that planning permission be GRANTED subject to the following conditions;

 

1.            The development hereby permitted shall be implemented by 25 January 2020.

 

Reason: In order to comply with the provisions of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

2.            The permission hereby granted shall expire after 40 years following the date when electrical power is first exported (‘first export date’) from the development to the electricity grid network, excluding electricity exported during initial testing and commissioning. Written confirmation of the first export date shall be provided to the local planning authority no later than one calendar month after the event.

 

Reason: To avoid any ambiguity as to the duration of the approved development.

 

3.            Within 6 months of the cessation of the export of electrical power from the site, or within a period of 40 years and 6 months following the first export date, whichever is the sooner, all infrastructure associated with the development shall be removed from the site and the site restored to its original condition in accordance with the submitted Construction, Decommissioning and Traffic Management Method Statement dated July 2015.

 

Reason: To ensure the site is restored once the development is complete and in the interests of the amenity of the area.

 

4.         The development hereby permitted shall be carried out in accordance with the following approved plans:

Site Location Plan drawing DLW_02

Preliminary Layout drawing DLW_01_Rev3

Communications Building Details drawing CB_01

Client Side Substation Details drawing CSR_01

Storage Building Details drawing SB_01

Toilet Cabinet drawing TC_01

Typical Panels Elevation 4 Landscape drawing TYP_P_E

Side/Aux Transformer drawing AT_01

CCTV Pole Details drawing CCTV_01

Transformer Details drawing TD_01

Inverter Details drawing ID_01

Deer Fence inc Mammal Gate

Road Cross Section

 

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

 

4.            Notwithstanding the details shown on drawing DNO_01, no development shall take place until full details of the design and external appearance of the DNO building have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

 

Reason: In the interests of the visual amenity of the area.

 

5.            No fixed lighting shall be installed on the site unless details have first been approved in writing by the local planning authority.

 

Reason: In the interests of the amenity of the area.

 

6.            The development hereby permitted shall be carried out, and the site subsequently monitored and managed, in accordance with the submitted Biodiversity Management Plan by Avian Ecology dated 14 August 2015.

 

Reason: In the interests of the biodiversity of the area.

 

7.            Notwithstanding the details shown on drawing L.0367.012A, no development shall take place until a scheme of landscape mitigation measures has been submitted  ...  view the full minutes text for item Pla/155/02/19

Pla/156/02/19

Planning Application No. 18/0945, Variation of condition 2 (operational length) and condition 3 (solar farm decommissioning) to extend from 30 to 40 years attached to appeal approval APP/H0928/W/16/3147861, Land south of Dallan Bank Wood, Newby

Minutes:

Proposed by Councillor Armstrong

Seconded by Councillor Patterson

 

and RESOLVED that be GRANTED subject to the following conditions;

 

1.            The development hereby permitted shall be implemented by 25 January 2020.

 

Reason: In order to comply with the provisions of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004

 

2.            The permission hereby granted shall expire after 40 years following the date when electrical power is first exported (‘first export date’) from the development to the electricity grid network, excluding electricity exported during initial testing and commissioning. Written confirmation of the first export date shall be provided to the local planning authority no later than one calendar month after the event.

 

Reason: To avoid any ambiguity as to the duration of the approved development.

 

3.            Within 6 months of the cessation of the export of electrical power from the site, or within a period of 40 years and 6 months following the first export date, whichever is the sooner, all infrastructure associated with the development shall be removed from the site and the site restored to its original condition in accordance with the submitted Construction, Decommissioning and Traffic Management Method Statement dated July 2015.

 

Reason: To ensure the site is restored once the development is complete and in the interests of the amenity of the area.

 

4.         The development hereby permitted shall be carried out in accordance with the following approved plans:

Site Location Plan drawing

Preliminary Layout drawing DAL_02_Rev2

Communications Building Details drawing CB_01

Client Side Substation Details drawing CSR_01

Storage Building Details drawing SB_01

Toilet Cabinet drawing TC_01

Typical Panels Elevation 4 Landscape drawing TYP_P_E

Side/Aux Transformer drawing AT_01

CCTV Pole Details drawing CCTV_01

Transformer Details drawing TD_01

Inverter Details drawing ID_01

Deer Fence inc Mammal Gate

Road Cross Section

 

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

 

5.         Notwithstanding the details shown on drawing DNO_01, no development shall take place until full details of the design and external appearance of the DNO building have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

 

Reason: In the interests of the visual amenity of the area.

 

6.         No fixed lighting shall be installed on the site unless details have first been approved in writing by the local planning authority.

 

Reason: In the interests of the amenity of the area.

 

7.         The development hereby permitted shall be carried out, and the site subsequently monitored and managed, in accordance with the submitted Biodiversity Management Plan by Avian Ecology dated 14 August 2015.

 

Reason: In the interests of the biodiversity of the area.

 

8.         Notwithstanding the details shown on drawing L.0367.011A, no development shall take place until a scheme of landscape mitigation measures has been submitted to and approved in writing by the local planning authority. The approved landscape mitigation measures shall be implemented in the first planting  ...  view the full minutes text for item Pla/156/02/19

Pla/157/02/19

Confirmation of Site Visits (if any)

To confirm the date and location of any site visits that may have been agreed.

Minutes:

There were no site visits confirmed at this meeting.

Pla/158/02/19

Any Other Items which the Chairman decides are urgent

Minutes:

No items of urgent business were raised at this meeting.

Pla/159/02/19

Date of Next Meeting

The date of the next scheduled meeting be confirmed as 14 March 2019.

Minutes:

The date of the next scheduled meeting was confirmed at 14 March 2019.