Agenda and draft minutes

Planning Committee
Thursday, 14th March, 2019 9.30 am

Venue: Council Chamber, Town Hall, Penrith

Contact: Members Services  01768 817 817

Items
No. Item

Pla/160/03/19

Apologies for Absence

Minutes:

Apologies for absence were received from Councillor I Chambers, Councillor J Raine attended as substitute and Councillor J Lynch.

 

Pla/161/03/19

Minutes

To sign the minutes Pla/145/02/19 to Pla/159/02/19 of the meeting of this Committee held on 14 February 2019.

 

Minutes:

RESOLVED that the public minutes Pla/145/02/19 to Pla/159/02/19 of the meeting of this Committee held on 14 February 2019 be confirmed and signed by the Chairman as a correct record of those proceedings.

Pla/162/03/19

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 Holden gave a personal explanation with regard to planning application 18/0999 as she was the Ward Councillor for Penrith North.

 

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

Pla/163/03/19

Planning Issues pdf icon PDF 26 KB

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

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

b)    Reasons for refusal on delegated decisions for the month of February 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 February 2019(attached as appendix 1 to these minutes)

 

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

 

be noted.

 

Pla/164/03/19

Planning Issues - Applications for Debate (Green Papers) pdf icon PDF 1 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: 18/0999

 

Proposed three bay portal building to house water bottling plant and erection of office building and craft distillery with associated access, hardstanding and parking

 

Greengill Farm, Penrith

Recommended to:

APPROVE
Subject to Conditions

 

2

Planning Application No: 18/0669

 

Change of use of land to holiday lodge park with conversion of shed to ancillary visitor administration hub

 

Nord Vue Farm, Armathwaite, CA4 9TN

Recommended to:

APPROVE
Subject to Conditions

 

3

Planning Application No: 18/0768

 

Retrospective Change of Use from Agriculture to a Forestry and Arboriculture Contracting Business

 

North View, Burrells, Appleby-in-Westmorland, CA16 6EG

Recommended to:

APPROVE
Subject to Conditions

 

 

 

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/165/03/19

Planning Application No: 18/0999 Proposed three bay portal building to house water bottling plant and erection of office building and craft distillery with associated access, hardstanding and parking Greengill Farm, Penrith

Minutes:

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

 

Proposed by Councillor Sawrey-Cookson

Seconded by Councillor Sealby

 

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 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 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 application form dated 17 December 2018 and the following drawings and documents hereby approved:

i.          Greengill Bottling Plant Location Plan, ref. 18-C-15131/01, dated October 2018;

ii.         Greengill Bottling Plant Site Plan/Aerial Photo, ref. 18-c-15131/09 rev. A, dated 12 December 2018;

iii.        Floor Area Plan, ref. 18-C-15131/06, dated 12 December 2018;

iv.        Elevations and Section Plan, ref. 18-C-1513/08, dated 12 December 2018;

v.         Preliminary Ecological Appraisal and HIS, ref. OP-Greengill-PEA18/12v3, dated December 2018;

vi.        Phase 1 Desktop Study report, ref. 18-0658, dated 17 October 2018;

vii.       Landscaping Plan 1, ref. 18-C-15131/11, dated September 2018;

viii.      Landscaping Plan 2, ref. 18-C-15131/10, dated 12 December 2018;

ix.        Cut/Fill Plan, ref. 18-C-15131/05, dated September 2018;

x.         Cross Sections, ref. 18-C-15131/03, dated September 2018;

xi.        Long Sections, ref. 18-C-15131/04, dated September 2018;

xii.       Transport Statement, Project No. A110422, dated December 2018;

xiii.      Planning Statement, dated November 2018;

xiv.      Bat Survey, ref. OP-Greengill Farm - Bat18/11v2, dated November 2018.

 

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

Before the development is commenced

3.            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). No surface water shall discharge to the public sewerage system either directly or indirectly.

Reason: To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution. It is necessary for the condition to be on the basis that 'No development shall commence until' as compliance with the requirements of the condition at a later time could result in unacceptable harm contrary to the policies of the Development Plan.

4.            Prior to the commencement of the hereby approved development details of the type and colour of stone, profiled sheet metal to be utilised in the construction of this development will be submitted to the Local Planning Authority for written approval. Once approved these details shall be adhered to at all times.

Reason: To protect the character and amenity of the area. It is  ...  view the full minutes text for item Pla/165/03/19

Pla/166/03/19

Planning Application No: 18/0669 Change of use of land to holiday lodge park with conversion of shed to ancillary visitor administration hub Nord Vue Farm, Armathwaite, CA4 9TN

Minutes:

The Committee received a presentation from Mr P Stybelski and Mrs I Johnstone in objection to the application.

 

The Committee received a presentation from Councillor G Nicolson, Ward Member and Parish Councillor in objection to the application.

 

The Committee received a presentation from Mr A Willison-Holt, an agent, and Mr C Lowther, the applicant in support of the application.

 

The Assistant Director Governance advised Members of the need to ensure planning conditions are fair and reasonable.

 

The applicant confirmed that he had proposed that the installation of caravans would not take place until landscaping and tree planting was complete. He was content for this to be included in the planning conditions.

 

Proposed by Councillor Eyles

Seconded by Councillor Holden

 

that planning permission be GRANTED subject to conditions.

 

It is noted that accordingly, delegated authority was afforded officers to ensure draft condition 8 was updated to reflect Members wishes on the basis of the applicant and agent offer that landscaping and tree planting would be completed prior to any caravans being placed upon the site. It is further noted that this was contrary to advice from both Planning and Legal Office who felt that the condition was not appropriate and would not meet the planning condition ‘tests’ as per Paragraph 55 of the National Planning Policy Framework (NPPF) (2018).

 

Councillor Sawrey-Cookson then requested a site visit. 

 

Councillor Eyles and Councillor Holden agreed to defer the proposed motion.

 

Proposed by Councillor Sawrey-Cookson

Seconded by Councillor Sealby

 

that a site visit take place prior to a decision being made.

 

For: 4

Against: 6

 

The motion therefore FELL.

 

Proposed by Councillor Eyles

Seconded by Councillor Holden

 

For: 6

Against: 2

Abstained: 2

 

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 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 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 9 August 2018.

            ii.     Design and Access Statement. Dated August 2018.

            iii.    Site Location Plan (1807-PL-101 A). Dated June 2017.

            iv.    Proposed Plans (1807-PL-301 B). Dated May 2018.

            v.     Proposed elevations (1807-PL-501 B). Dated May 2018.

            vi.    Location Plan (1807-PL-100 A). Dated June 2017.

            vii.   Foul Drainage Strategy. Dated 30 July 2018.

viii. Treatment Plant details. Dated 19 January 2012.

viii. Location Site Plan (1807-PL-102 A). Dated June 2017.

viii. Nord Vue Access Road Details (1807-PL-100 B). Dated June 2017.

viii. Site Plan (1807-PL-200 L). Dated April 2018.

viii. Proposed Site Sections (1807-PL-400 E). Dated April 2018.

viii. Additional Statement. Dated January 2019.

 

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

 

Prior to Commencement

 

3.            Notwithstanding the submitted plans, prior to the commencement of  ...  view the full minutes text for item Pla/166/03/19

Pla/167/03/19

Planning Application No: 18/0768 Retrospective Change of Use from Agriculture to a Forestry and Arboriculture Contracting Business North View, Burrells, Appleby-in-Westmorland, CA16 6EG

Minutes:

The application was withdrawn from the Agenda prior to the start of the meeting.

Pla/168/03/19

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/169/03/19

Any Other Items which the Chairman decides are urgent

Minutes:

No items of urgent business were raised at this meeting.

Pla/170/03/19

Date of Next Meeting

The date of the next scheduled meeting be confirmed as 18 April 2019.

Minutes:

The date of the next scheduled meeting was confirmed as 18 April 2019.