Agenda and draft minutes

Planning Committee
Thursday, 20th June, 2019 9.15 am

Venue: Ullswater Room, Penrith Methodist Church, Penrith

Contact: Members Services  01768 817 817

Items
No. Item

Pla/14/06/19

Apologies for Absence

Minutes:

Apologies for absence were received from Councillor G Nicolson.

Pla/15/06/19

Minutes

To sign the minutes Pla/1/05/19  to Pla/13/05/19 of the meeting of this Committee held on 23 May 2019 as a correct record of those proceedings (copies previously circulated).

 

Minutes:

RESOLVED that the public minutes Pla/1/05/19 to Pla/13/05/19 of the meeting of this Committee held on 23 May 2019 be confirmed and signed by the Chairman as a correct record of those proceedings.

Pla/16/06/19

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 Eyles gave a personal explanation with regard to planning applications 19/0230 and 19/0203 in that he had been lobbed in respect of the applications.  He stated that he intended to record the meeting for private purposes.

 

Councillor Sawrey-Cookson gave a personal explanation with regard to planning application 19/0230 in that he had been lobbed in respect of the application.

Pla/17/06/19

Appeal Decision Letters pdf icon PDF 222 KB

To receive report PP6/19 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

Listed Building Enforcement Notice (LBEN)

Mr Graham Middleton

South Lodge, Boroughgate, Appleby-in-Westmorland, CA16 6XH

 

The appeal is made under section 39 of the Planning (Listed Buildings and Conservation Areas) Act 1990 as amended by the Planning and Compensation Act 1991 (PLBCAA).

 

The contraventions of listed building control alleged in the notice are as follows:

 

The installation of four UPVC windows to the south elevation of the building; the installation of five UPVC windows to the east elevation of the building and the installation of a UPVC door to the east elevation of the building.

 

The requirements of the notice are as follows:

 

1.  Remove the UPVC door and all of the UPVC windows and framings on the south and east elevations of the building as shown in photographs 1, 2 and 3 attached to this notice;

 

2.  Install traditional timber vertically sliding sash windows with a two over two panel design in both the ground floor and the first floor window openings of the south elevation which are labelled ‘Opening 1’, ‘Opening 2’ and ‘Opening 3’ on photograph 1 attached to this notice constructed to match the frame and sash box details of the former original timber sash windows including matching glazing bars as shown in photograph 4 attached to this notice; and

 

3.  Install a traditional timber vertical slit single panel window in the opening of the first floor south elevation labelled ‘Opening 4’ on photograph 1 attached to this notice to match the appearance of the former original timber window as shown in photograph 4 attached to this notice; and

 

4.  Install traditional timber vertically sliding sash windows with a two over two panel design in the openings of the east elevation first floor window labelled ‘Opening 5’ on photograph 2 attached to this notice constructed to match the frame and sash box details of the former original timber window as shown in photograph 4 attached to this notice; and

 

5.  Install traditional timber vertically sliding sash windows with a one over one panel design in the east elevation ground floor 3-bay window labelled ‘Opening 7’ on photograph 2 attached to this notice constructed to match the frame and sash box details of the former original timber window as shown in photograph 5 attached to this notice; and

 

6.  Install a traditional timber single panel casement window in the east elevation first floor window in the east elevation first floor window labelled ‘Opening 8@ in photograph 2 attached to this notice constructed to match the frame and sash box details of the former original timber window as shown in photograph 6 attached to this notice; and

 

7.  Install a traditional single panel one over one non-opening window in the east elevation ground floor window labelled ‘Opening 9’ in photograph 6 attached to this  ...  view the full agenda text for item Pla/17/06/19

Minutes:

Members considered report PP6/19 of the Assistant Director Planning and Economic Development which detailed decision letters received since the last meeting.

 

Application Number(s)

Applicant

Appeal Decision

Listed Building Enforcement Notice (LBEN)

Mr Graham Middleton

South Lodge, Boroughgate, Appleby-in-Westmorland, CA16 6XH

 

The appeal is made under section 39 of the Planning (Listed Buildings and Conservation Areas) Act 1990 as amended by the Planning and Compensation Act 1991 (PLBCAA).

 

The contraventions of listed building control alleged in the notice are as follows:

 

The installation of four UPVC windows to the south elevation of the building; the installation of five UPVC windows to the east elevation of the building and the installation of a UPVC door to the east elevation of the building.

 

The requirements of the notice are as follows:

 

1.  Remove the UPVC door and all of the UPVC windows and framings on the south and east elevations of the building as shown in photographs 1, 2 and 3 attached to this notice;

 

2.  Install traditional timber vertically sliding sash windows with a two over two panel design in both the ground floor and the first floor window openings of the south elevation which are labelled ‘Opening 1’, ‘Opening 2’ and ‘Opening 3’ on photograph 1 attached to this notice constructed to match the frame and sash box details of the former original timber sash windows including matching glazing bars as shown in photograph 4 attached to this notice; and

 

3.  Install a traditional timber vertical slit single panel window in the opening of the first floor south elevation labelled ‘Opening 4’ on photograph 1 attached to this notice to match the appearance of the former original timber window as shown in photograph 4 attached to this notice; and

 

4.  Install traditional timber vertically sliding sash windows with a two over two panel design in the openings of the east elevation first floor window labelled ‘Opening 5’ on photograph 2 attached to this notice constructed to match the frame and sash box details of the former original timber window as shown in photograph 4 attached to this notice; and

 

5.  Install traditional timber vertically sliding sash windows with a one over one panel design in the east elevation ground floor 3-bay window labelled ‘Opening 7’ on photograph 2 attached to this notice constructed to match the frame and sash box details of the former original timber window as shown in photograph 5 attached to this notice; and

 

6.  Install a traditional timber single panel casement window in the east elevation first floor window in the east elevation first floor window labelled ‘Opening 8@ in photograph 2 attached to this notice constructed to match the frame and sash box details of the former original timber window as shown in photograph 6 attached to this notice; and

 

7.  Install a traditional single panel one over one non-opening window in the east elevation ground floor window labelled ‘Opening 9’ in photograph 6 attached to this notice; and

8.  Install a traditional white timber  ...  view the full minutes text for item Pla/17/06/19

Pla/18/06/19

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 May 2019.

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

Additional documents:

Minutes:

As Ward Councillor for Penrith North, Councillor Holden raised concerns over application 18/0549 in that access to the site was along a busy road.  It was noted that no objections had been raised by the Highway Authority.

 

RESOLVED that the attached lists of the Assistant Director Planning and Economic Development:

 

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

 

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

 

be noted.

Pla/19/06/19

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: 19/0230

 

Change of use of land from agricultural to equestrian and the formation of an area of hardstanding (part retrospective)

 

Land to south of Church Road, Greystoke

 

Mr R Kellett

Recommended to:

APPROVE
Subject to Conditions

27

2

Planning Application No: 19/0187

 

Demolition of an existing prefabricated outbuilding and construction of a timber frame extension

 

Ormside EducationCentre, Ormside, Appleby

 

Phase 8 Development Company - Mr S Dumbell

Recommended to:

APPROVE
Subject to Conditions

41

3

Planning Application No: 19/0203

 

Demolition of detached garage and erection of double garage, outbuildings and garden room, addition of single storey front extension and two storey side extension

 

Helm Bar, Melmerby

 

Ms J & A Caffrey & Brown

Recommended to:

APPROVE
Subject to Conditions

53

4

Planning Application No: 19/0167

 

Change of use of agricultural land to mixed use of agriculture and siting of 6 No holiday huts and associated mixed use building

 

Mains Cottage, Johnby

 

Mr Scott-Harden

Recommended to:

APPROVE
Subject to Conditions

63

 

 

Additional documents:

Minutes:

Members were advised of the applications requiring a decision by Members as detailed in a report of the Assistant Director Planning and Economic Development.

 

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/20/06/19

Planning Application No: 19/0230 Change of use of land from agricultural to equestrian and the formation of an area of hardstanding (part retrospective) Land to south of Church Road, Greystoke

Minutes:

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

 

Proposed by Councillor Lynch

Seconded by Councillor Clark

 

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 Section 91 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)      Location Plan received 28th March 2019

            ii)     Block Plan received 12th June 2019

            iii)    Flood Risk Assessment received 28th March 2019

            iv)    Information E-mail received 16th May 2019

           

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

 

Pre-Occupancy or Other Stage Conditions

 

3.         The details to prevent surface water discharging onto the public road as shown on the block plan dated 12th June 2019 shall be constructed within two months from the date of this permission and maintained in an order that continues to prevent water discharging onto the public highway, in perpetuity.

 

             Reason: In the interests of highway safety and environmental management.

 

4.         The access and parking arrangements as shown on the block plan dated 12th June 2019 shall be retained and be capable of use in perpetuity and shall not be removed or altered.

 

             Reason: To ensure a minimum standard of access provision when the development is brought into use.

 

Ongoing Conditions

 

5.         The access gate shall be hung to open inwards only away from the highway and shall incorporate 45 degree splays to each side.

 

            Reason: In the interests of highway safety.

 

6.          The trailer used for the storage of manure shall be stored immediately to the southern gable of the food storage building.

 

Reason: In the interests of visual and public amenity.

 

7.          Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and/or re-enacting that Order) no development falling within Class B (temporary use of land) of Part 4 Schedule 2 to that Order shall be carried out.

 

             Reason: To ensure no equestrian events are held on the land subject to this approval, in the interests of public amenity.

 

8.          In addition to the owners personal horses on site, no more than four horses or ponies shall be kept on the land subject to this approval on a grass livery basis.

 

             Reason: To avoid over intensification of the site and to avoid any ambiguity as to what constitutes the permission.

 

9.          The owner shall maintain an up to date register stating which horses are on grass livery with proof of ownership and shall make the register available to the local planning authority upon request.

 

             Reason: To avoid over intensification of the site and to  ...  view the full minutes text for item Pla/20/06/19

Pla/21/06/19

Planning Application No: 19/0187 Demolition of an existing prefabricated outbuilding and construction of a timber frame extension, Ormside Education Centre, Ormside, Appleby

Minutes:

 

The Committee received a presentation from Mr Dumbell, the applicant.

 

Proposed by Councillor Sawrey-Cookson

Seconded by Councillor Thompson

 

and RESOLVED that planning permission be GRANTED 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 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

2.            The development hereby granted shall be carried out strictly in accordance with the following details and plans hereby approved:

 

·         Location plan ref OEC 001 dated 21 January 2019

·         Demolition Plan ref OEC 009 dated 21 January 2019

·         Proposed Site Plan ref OEC 005 dated 21 January 2019

·         Proposed Floor Plans ref OEC 007 dated 21 January 2019

·         Proposed Elevations ref OEC 006 dated 21 January 2019

·         Material Section A-A ref OEC 011 dated 21 January 2019

·         Design & Access Statement submitted with the application

·         Travel Plan and Noise Management Plan submitted by email 24 May 2019

 

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

 

3.            Samples of the materials to be used for the external surfaces of the development shall be submitted to and approved in writing by the Local Planning Authority prior to their first use on site. Development shall be carried out in accordance with the approved details.

 

Reason: To ensure that the materials harmonise with the surroundings. The condition is considered necessary to be complied with prior to construction 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.

Pla/22/06/19

Planning Application No: 19/0203 Demolition of detached garage and erection of double garage, outbuildings and garden room, addition of single storey front extension and two storey side extension, Helm Bar, Melmerby

Minutes:

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

 

Proposed by Councillor Lynch

Seconded by Councillor Thompson

 

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 Section 91 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 and documents hereby approved:

 

i.          Application Form, dated 18 March 2019;

ii.         D&A Statement, dated March 2019;

iii.        Elevations as Proposed (202A), dated January 2019;

iv.        Plans as Proposed (201A), dated January 2019.

 

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

 

Ongoing

 

3.            No demolition or construction works shall takes place except between the following times:

Monday to Friday 08.00 - 17.00

Saturday 08.30 - 12.00

No construction works are permitted during Sundays, Bank and Public Holidays.

Reason: To safeguard the amenity of the area.

Pla/23/06/19

Planning Application No:19/0167 Change of use of agricultural land to mixed use of agriculture and siting of 6 No holiday huts and associated mixed use building, Mains Cottage, Johnby

Minutes:

The Committee received a presentation from Mr Scott-Harden, the applicant.

 

Proposed by Councillor Thompson

Seconded by Councillor Chambers

 

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 Section 91 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)          Location Plan (SSH-MCWPS-A-001) received 4 March 2019

ii)         Site Visibility Splays & Entrance Detail (SSH-MCWPS-I-001) received 17 May 2019

iii)        Site Sections (SSH-MCWPS-B-002) received 4 March 2019

iv)        Site Sections (SSH-MCWPS-B-003) received 17 May 2019

v)         Site Dimensions (SSH-MCWPS-H-002) received 17 May 2019

vi)        Log Cabin Detail (SSH-MCWPS-D-002) received 17 May 2019

vii)       Log Cabin Image (SSH-MCWPS-C-001) received 4 March 2019

viii)      Agricultural Building Detail (SSH-MCWPS-E-003 received 17 May 2019

ix)        Proposed Wooden Huts and Agricultural Building (SSH-MCWPS-D&SStatement) received 4 March 2019

 

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

 

Pre-Occupancy or Other Stage Conditions

 

3.            The use of the land to mixed use of agriculture and siting of 6 holiday huts and associated mixed use building shall not be commenced until the access and parking requirements have been constructed in accordance with the approved plan. Any such access and or parking provision shall be retained and be capable of use when the development is completed and shall not be removed or altered.

 

Reason: To ensure a minimum standard of access provision when the

development is brought into use.

 

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. The visibility splays shall be constructed before general development of the site commences so that construction traffic is safeguarded.

 

Reason: In the interests of highway safety.

 

Ongoing Conditions

 

5.            The whole of the access area bounded by the carriageway edge, entrance gates and the splays shall be constructed and drained to the specification of the Local Planning Authority.

 

Reason: In the interests of road safety.

 

6.            The holiday accommodation hereby approved shall not be occupied other than for holiday purposes and shall not be used as a sole or main place of residence. The owner shall maintain an up to date register of names and addresses of the occupiers of the holiday let, together with their dates of occupation, and shall make the register available to the local planning authority upon request.

 

Reason: To ensure the accommodation remains available for holiday accommodation  ...  view the full minutes text for item Pla/23/06/19

Pla/24/06/19

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/25/06/19

Any Other Items which the Chairman decides are urgent

Minutes:

No items of urgent business were raised at this meeting.

Pla/26/06/19

Date of Next Meeting

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

Minutes:

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