Agenda and draft minutes

Planning Committee
Thursday, 23rd May, 2019 1.30 pm

Venue: Conference Room, Cumbria Local Enterprise Partnership, Redhills, Penrith

Contact: Members Services  01768 817 817

Items
No. Item

Pla/1/05/19

Apologies for Absence

Minutes:

Apologies for absence were received from Councillor J Lynch, Councillor D Wicks attended as substitute; Councillor G Nicolson, Councillor A Meadowcroft attended as substitute and Councillor G Simpkins, Councillor Baker attended as a substitute.

Pla/2/05/19

Appointment of Vice Chairman

To appoint a Vice-Chairman of the Planning Committee for the 2019/2020 municipal year.

Minutes:

Proposed by Councillor Thompson

Seconded by Councillor Holden

 

and RESOLVED that Councillor Chambers be elected Vice-Chairman of the Planning Committee for the 2019-2020 municipal year.

Pla/3/05/19

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 Patterson gave a personal explanation with regard to application number 18/0768 in that the applicant was known to him. He stated he would remain in the room and vote on this item.

 

All Councillors gave a personal explanation with regard to planning application 19/0197 in that they had been lobbed in respect of this application.

Pla/4/05/19

Appeal Decision Letters pdf icon PDF 265 KB

To receive report PP5/19 from the Assistant Director Planning and Economic Development which is attached and which lists decision letters from the Planning Inspectorate received since the last meeting:

 

Application No.

Applicant/Appeal

Appeal Decision

18/0542

 

Mr Robert Brown

Land at Townhead, Lamonby, Penrith

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 a new dwelling.

The appeal is dismissed.

 

Mr Robert Brown

Land at Townhead, Lamonby, Penrith

The application is made under the Town and Country Planning Act 1990, sections 78, 322 and Schedule 6, and the Local Government Act 1972, section 250(5).

The appeal was against the refusal of outline planning permission for a new dwelling.

The application for an award of costs is refused.

18/0399

Mr N & Mrs L Emson

Old Pond Cottage, Little Musgrave, Kirkby Stephen, CA17 4PQ

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 described as residential use for two local occupancy dwellings each no more than 150m2 gross internal floorspace.

The appeal is dismissed.

 

Mr N & Mrs L Emson

Old Pond Cottage, Little Musgrave, Kirkby Stephen, CA17 4PQ

The application is made under the Town and Country Planning Act 1990, sections 78, 322 and Schedule 6, and the Local Government Act 1972, section 250(5).

The appeal was against the refusal of outline planning permission for two local occupancy dwellings each no more than 150m2 gross internal floorspace.

The application for an award of costs is dismissed.

 

Minutes:

Members considered report PP5/19 of the Assistant Director Planning and Economic Development which detailed decision letters received since the last meeting.

 

Application Number(s)

Applicant

Appeal Decision

18/0542

Mr Robert Brown

Land at Townhead, Lamonby, Penrith

 

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 a new dwelling.

The appeal is

dismissed

 

Mr Robert Brown

Land at Townhead, Lamonby, Penrith

 

The application is made under the Town and Country Planning Act 1990, sections 78, 322 and Schedule 6, and the Local Government Act 1972, section 250(5).

 

The appeal was against the refusal of outline planning permission for a new dwelling.

The application for

an award of costs is

refused.

18/0399

Mr N & Mrs L Emson

Old Pond Cottage, Little Musgrave, Kirkby Stephen, CA17 4PQ

 

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 described as residential use for two local occupancy dwellings each no more than 150m2 gross internal floorspace.

The appeal is dismissed.

 

Mr N & Mrs L Emson

 

Old Pond Cottage, Little Musgrave, Kirkby Stephen, CA17 4PQ

 

The application is made under the Town and Country Planning Act 1990, sections 78, 322 and Schedule 6, and the Local Government Act 1972, section 250(5).

 

The appeal was against the refusal of outline planning permission for two local occupancy dwellings each no more than 150m2 gross internal floorspace.

The application for an award of costs is dismissed.

 

RESOLVED that the report be noted.

Pla/5/05/19

Planning Issues pdf icon PDF 29 KB

To note the attached lists of the Assistant Director Planning and Economic Development.

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

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

 

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

 

be noted.

Pla/6/05/19

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

To consider the reports of the Assistant Director Planning and Economic Development on the following applications:

 

Item No

Application Details

Officer Recommendation

Page Number

1

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

Tyla Services Ltd - Mr M Morgan

Recommended to:

APPROVE
Subject to Conditions

29

2

Planning Application No: 19/0197

Construction of rural exception affordable dwelling

Land adj. B6412, Culgaith

Paul Lowthian and Emma Sturch

Recommended to:

REFUSE
With Reasons

43

3

Planning Application No: 19/0139

To vary Condition 2 (Plans Compliance) in respect of the design and size of the stable block approved under application 18/0816

Copper Beech Lodge, Shap Wells, Shap

Mrs S Bradley

Recommended to:

APPROVE
Subject to Conditions

54

 

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 Assistant Director Planning and Economic Development 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/7/05/19

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 Committee received a presentation from Councillor J Codd, Bandleyside Parish Council, in objection to the application.

 

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

 

Proposed by Councillor Thompson

 

That the application be approved in line with officer recommendations.

 

The proposal failed to receive a seconder, therefore the motion FELL.

 

Proposed by Councillor Sawrey-Cookson

Seconded by Eyles

 

That the application be refused.

 

For: 2

Against: 7

Abstained: 2

 

The motion therefore FELL.

 

Proposed by Councillor Wicks

Seconded by Councillor Holden

 

That the application be approved in line with officer recommendations with an amendment to condition 2 in relation to vehicle movement, to include ‘and the pick-up and collection of plant and machinery that will be pre-loaded on trailers.

 

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

 

Approved Plans

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

i)             Application Form received by the Local Planning Authority on 3rd September 2018.

ii)         Drawing Number: L7/18/2809 Rev B. received by the Local Planning Authority on 28th January 2019.

iii)        Revised Environmental Noise Assessment received by the Local Planning Authority on 17th April 2019.

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

 

Ongoing Conditions

2.         The use permitted shall not operate outside 07:30 to 17:30 Monday to Friday, 07:30 to 17:30 on Saturday and not at any time on Sundays or Bank or Public Holidays with the exception of vehicle movements associated with emergency call outs and the pick-up and collection of plant and machinery that will be pre-loaded on trailers.

 

Reason: To protect the residential amenity of neighbouring dwellings.

 

3.         All machinery on site shall only be used between 08:30 to 17:30 Monday to Friday and 08:30 to 13:00 on Saturdays. No machinery shall be used outside of these hours.

 

Reason: To protect the residential amenity of the neighbouring dwellings.

 

4.         No additional external lighting, other than shown on Drawing Number: L7/18/2809 Rev B. received by the Local Planning on 28th January 2019, shall be installed on site.

 

Reason: To protect the residential amenity of the neighbouring dwellings.

 

5.         Doors to the Buildings ‘1’ and ‘3’ on Drawing Number: L7/18/2809 Rev B. received by the Local Planning Authority on 28th January 2019, shall be kept closed at all times, except for access and egress.

 

Reason: To protect the residential amenity of the neighbouring dwellings.

 

6.         Only clean wood shall be burnt on the site.

 

Reason: To protect the residential amenity of the neighbouring dwellings.

 

7.         All machinery on site shall be serviced in Building ‘1’ or in the service area annotated in red on Drawing Number L7/18/2809 Rev C received by the Local Planning Authority on 28th February 2019.

 

Reason: To protect the residential amenity of the neighbouring dwellings.

Pla/8/05/19

Planning Application No: 19/0197 Construction of rural exception affordable dwelling, Land adj. B6412, Culgaith

Minutes:

The Committee received a presentation from Mr P Lowthian, the applicant and Mr G Clark an agent on behalf of the applicant.

 

Proposed by Councillor Sawrey-Cookson

Seconded by Councillor Clark

 

That the application be refused in accordance with officer recommendations.

 

For: 4

Against: 6

Abstained: 1

 

The motion therefore FELL.

 

Proposed by Councillor Thompson

Seconded by Councillor Eyles

 

and RESOLVED that planning permission be GRANTED and that delegated power be given to the Assistant Director Planning and Economic Development to agree conditions and to enter into a Section 106 Agreement to the absolute satisfaction of the Assistant Director Governance and Assistant Director Planning and Economic Development Services on the grounds that the location is considered suitable for the development of affordable housing and that the applicants circumstances are exceptional.

Pla/9/05/19

Planning Application No: 19/0139 To vary Condition 2 (Plans Compliance) in respect of the design and size of the stable block approved under application 18/0816, Copper Beech Lodge, Shap Wells, Shap

Minutes:

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

Pla/10/05/19

Planning Committee Annual Report pdf icon PDF 82 KB

To consider report PP2/19 from the Assistant Director Planning and Economic Development which is attached and which seeks to provide Members with an overview of the activities of the Planning Committee during the municipal year 2018-19 and the related activities of officers under powers delegated from Planning Committee. It includes information about Key Performance Indicators and Planning Enforcement.

 

RECOMMENDATION that the contents of the report be noted.

Minutes:

Proposed by Councillor Eyles

Seconded by Councillor Wicks

 

and RESOLVED that the contents of the report be noted.

Pla/11/05/19

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/12/05/19

Any Other Items which the Chairman decides are urgent

Minutes:

No items of urgent business were raised at this meeting.

Pla/13/05/19

Date of Next Meeting

The date of the next scheduled meeting be confirmed as 20 June 2019 (subject to confirmation at Annual Council).

Minutes:

The date of the next scheduled meeting was confirmed as 20 June 2019.