Agenda and draft minutes

Planning Committee
Thursday, 15th August, 2019 9.30 am

Venue: Council Chamber, Town Hall, Penrith

Contact: Members Services  01768 817 817

Items
No. Item

Pla/39/8/19

Apologies for Absence

Minutes:

Apologies for absence were received from Councillor Eyles and Councillor Ross, Councillor Baker attended as substitute.

Pla/40/8/19

Minutes

To sign the minutes Pla/27/07/19 to Pla/38/07/19 of the meeting of this Committee held on 18 July 2019.

Minutes:

RESOLVED that the public minutes Pla/27/07/19 to Pla/38/07/19 of the meeting of this Committee held on 18 July 2019 be confirmed and signed by the Chairman as a correct record of those proceedings.

Pla/41/8/19

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 Baker, Councillor Chambers, Councillor Clark, CouncillorHolden, Councillor Lynch, Councillor Nicolson, Councillor Patterson, Councillor Sawrey-Cookson, Councillor Simpkins and Councillor Thompson gave a personal explanation with regards to planning applications 18/0917 and 18/0560 in that they had been lobbed in respect of the applications.

 

Councillor Sawrey-Cookson gave a personal explanation with regard to planning application 18/0917 in that he was a customer. He stated that he would take part in the discussion and vote on the item.

Pla/42/8/19

Appeal Decision Letters pdf icon PDF 521 KB

To receive report PP16/19 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

18/0564

Mr Wilkinson of JIW Properties Ltd Land adjacent to ‘Walmar’ Croft Head, Sockbridge, Penrith.

 

The application Ref 18/0564, dated 6 July 2018, sought approval of details pursuant to an outline planning permission Ref 17/0095, granted on 20 April 2017.

 

The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant consent, agreement or approval to details required by a condition of a planning permission.

 

The development proposed is described as ‘residential development’.

 

The details for which approval is sought are: details of the appearance, landscaping and scale.

The appeal is dismissed.

 

Public Path Stopping Up Order (No 1) 2015 Cross Croft, Appleby (footpath 303028)

 

This Order is made under Section 257 of the Town and Country Planning Act 1990.

 

The Order is dated 22 April 2015. It proposes to stop up a section of public footpath that crosses (at grade) the Settle-Carlisle Railway Line at Appleby, as shown on the Order map and described in the Order schedule.

The Order is confirmed with modifications as set out in the ‘Formal Decision’.

 

Minutes:

Members considered report PP16/19 of the Assistant Director Planning and Economic Development which detailed decision letters received since the last meeting.

 

Application Number(s)

Applicant

Appeal Decision

18/0564

Mr Wilkinson of JIW Properties Ltd Land adjacent to ‘Walmar’ Croft Head, Sockbridge, Penrith.

 

The application Ref 18/0564, dated 6 July 2018, sought approval of details pursuant to an outline planning permission Ref 17/0095, granted on 20 April 2017.

 

The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant consent, agreement or approval to details required by a condition of a planning permission.

 

The development proposed is described as ‘residential development’.

 

The details for which approval is sought are: details of the appearance, landscaping and scale

The appeal is dismissed.

 

Public Path Stopping Up Order (No 1) 2015 Cross Croft, Appleby (footpath 303028)

 

This Order is made under Section 257 of the Town and Country Planning Act 1990.

 

The Order is dated 22 April 2015. It proposes to stop up a section of public footpath that crosses (at grade) the Settle-Carlisle Railway Line at Appleby, as shown on the Order map and described in the Order schedule.

The Order is confirmed with modifications as set out in the ‘Formal Decision’.

 

RESOLVED that the report be noted.

 

Pla/43/8/19

Planning Issues pdf icon PDF 34 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 July 2019

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

Additional documents:

Minutes:

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

 

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

 

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

 

be noted.

Pla/44/8/19

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: 18/0917

Construction of live/work unit and field shelter

Land adjacent to `Fernbank’, Great Strickland

Applegarth Foods – Mrs K Twentyman

Recommended to:

REFUSE
With Reasons

39

2

Planning Application No: 19/0179

Proposed children’s nursery and forest school by way of change of use of an existing agricultural barn store

Wanwood Hill, Brampton Road, Alston

Mr and Mrs Walton

Recommended to:

APPROVE
Subject to Conditions

51

3

Planning Application No: 19/0152

Outline Planning Permission for use classes B1 (Business), B2 (General Industrial) and B8 (Storage and Distribution) with all matters reserved

Land South-west of Mile Lane, Redhills, Penrith, CA11 0DT

Mr Daniel Addis

Recommended to:

APPROVE
Subject to Conditions

64

4

Planning Application No: 18/0955

Erection of two replacement dwellings Dykeheads, Cotterill, Nenthead, Alston

Mr I Pickering

Recommended to:

APPROVE
Subject to Conditions

91

5

Planning Application No: 19/0367

Variation of Condition 2 (Approved Plans) attached to Planning Permission ref. 17/0293

Land to rear of Temple Sowerby Medical Centre

Reiver Homes

Recommended to:

APPROVE
Subject to Conditions

105

6

Planning Application No: 18/0560

Change of Use of Agricultural Land to Car Park (as amended)

Land adjacent car park, Dufton

Dufton Parish Council

Recommended to:

REFUSE
With Reasons

119

 

 

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.

 

Councillor Patterson invited Members to put forward proposals for site visits.

 

Proposed by Councillor Sawrey-Cookson

Seconded by Councillor Thompson

 

and RESOLVED that a site visit take place in respect of planning application 18/0917 Land adjacent to Fernbank, Great Strickland prior to the application being debated.

 

Proposed by Councillor Holden

Seconded by Councillor Simpkins

 

That a site visit take place in respect of planning application 19/0152 Land south-west of Mile Lane, Redhills Penrith.

 

For 2

Against 8

 

The motion therefore FELL.

 

Pla/45/8/19

Planning Application No: 18/0917 Construction of live/work unit and field shelter Land adjacent to `Fernbank', Great Strickland

Minutes:

Debate on this item was deferred pending a site visit.

Pla/46/8/19

Planning Application No: 19/0179 Proposed children's nursery and forest school by way of change of use of an existing agricultural barn store Wanwood Hill, Brampton Road, Alston

Minutes:

The Committee received a presentation from Mrs E Walton, on behalf of the applicant, in support of the application.

 

Proposed by Councillor Thompson

Seconded by Councillor Nicolson

 

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 received 5 March 2019

          ii)   Location Plan (185 90-01 A) received 2 April 2019

          iii)   Site Layout (185 90-03 A) received 10 June 2019

          iv)  Site Layout – Visibility Splays (185 90-04 A) received 10 June 2019

          v)   Layout – Proposed (185 20-03 A) received 12 April 2019

          vi)  Elevations – Proposed (185 20-04 A) received 12 April 2019

          vii)  Ecology and Bat Assessment received 12 April 2019

          viii) Design and Access Statement received 5 March 2019

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

Before the Development is Commenced

3.        The development shall not commence until visibility splays providing clear visibility of 109metres southbound, and 123metres northbound measured back by 2.4metres down the centre of the access road and the nearside channel line of the carriageway edge have been provided at the junction of the access road with the county highway. 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.  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 would result in unacceptable harm contrary to the policies of the Development Plan.

Pre-Occupancy or Other Stage Conditions

4.        Any existing highway wall boundary shall be reduced to a height not exceeding 1.05m above the carriageway level of the adjacent highway in accordance with Site Layout 185 90-03A received 10 June 2019 before the development is brought into use and shall not be raised to a height exceeding 1.05m thereafter.

          Reason: In the interests of highway safety.

5.        The use shall not be commenced until the access and parking requirements have been constructed in accordance with the approved plan (Site Layout 185 90-03A received 10 June 2019). Any such access and or parking provision  ...  view the full minutes text for item Pla/46/8/19

Pla/47/8/19

Planning Application No: 19/0152 Outline Planning Permission for use classes B1 (Business), B2 (General Industrial) and B8 (Storage and Distribution) with all matters reserved Land South-west of Mile Lane, Redhills, Penrith, CA11 0DT

Minutes:

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

 

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

 

Proposed by Councillor Nicolson

Seconded by Councillor Clark

 

That the decision on the application be deferred pending receipt of further information from the applicant and Cumbria County Council.

 

For 5

Against 5

 

The Chairman used his casting vote and the motion FELL.

 

Proposed by Councillor Thompson

Seconded by Councillor Chambers

 

That planning permission be granted subject to conditions as set out in the officer Recommendation.

 

For 3

Against 6

Abstentions 1

 

The motion therefore FELL.

 

Proposed by Councillor Holden

Seconded by Councillor Lynch

 

and RESOLVED that planning permission be refused for the following reasons:

 

1.            The proposed development would be harmful by virtue of not being in compliance with the Eden Local Plan, with no overriding material considerations of justification to warrant a departure from the adopted Development Plan.

2.            There is sufficient available employment land provision allocated within the Eden Local Plan at the present time. As such there is no demonstrable need for the proposed development in planning terms.

3.            The benefits of the proposed development do not outweigh the disadvantages and harm that would be caused as a result of the proposal through the loss of open greenfield land.

 

The meeting was adjourned at 11.39.

 

The meeting reconvened at 11.51am.

 

Members of the press and public left the Chamber at 11.51am to enable Members to take legal advice (in accordance with paragraph 5 of Schedule 12A of the Local Government Act 1972 (as amended) and members unanimously resolved accordingly).

 

Members of the press and public re-entered the Chamber at 11.53am.

 

Pla/48/8/19

Planning Application No: 18/0955 Erection of two replacement dwellings Dykeheads, Cotterill, Nenthead, Alston

Minutes:

The Committee received a presentation from Ms N Allen, an agent, in support of the application.

 

Proposed by Councillor Thompson

Seconded by Councillor Nicolson

 

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 received 27 November 2018

            ii)    Location plan received 27 November 2018

            iii)   Block plan, drawing no. 18001-3B received 19 June 2019

iv)   Elevations indicating excavated ground, drawing no. 19001-6 received 19 June 2019

v)    Proposed plans and elevations, drawing no. 18001-2C received 19 June 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.       Prior to occupation of the dwellings hereby approved, the vehicular access road and parking areas shall be constructed and competed in accordance with approved Block plan, drawing no. 18001-3B.

Reason: In the interests of highway safety

4.       Prior to occupation of the dwelling hereby approved, the first 5 metres of the access drive on to the public highway shall be surfaced in bituminous or cement bound materials, or otherwise bound.

Reason: In the interests of highway safety.

5.       The dwellings hereby approved shall be finished in the existing on-site stone. Where additional materials are required, samples shall be submitted to and approved by the Local Planning Authority before any new external surface materials is brought onto the site.

Reason: To safeguard the appearance of the area.

6.       Construction works shall be carried out only between 0800 – 1800 hours Mondays – Fridays; 0900 – 1300 hours on Saturdays and there shall be no activity on Sundays and Bank Holidays.

 

Reason: To safeguard the amenity of residents living nearby.

 

Ongoing Conditions

 

7.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, Schedule 2, Part 1, no development which increases the floor area of the dwellings hereby approved shall be carried out without the prior permission of the Local Planning Authority, obtained through the submission of a planning application.

 

Reason:To ensure the satisfactory appearance of the building in the interests of visual amenity.

Pla/49/8/19

Planning Application No: 19/0367 Variation of Condition 2 (Approved Plans) attached to Planning Permission ref. 17/0293 Land to rear of Temple Sowerby Medical Centre

Minutes:

Proposed by Councillor Thompson

Seconded by Councillor Nicolson

 

and RESOLVED that be granted, subject to the following conditions:

 

1.               The development hereby granted shall be carried out strictly in accordance with the application forms dated 13 April 2017, 25 June 2018 and the 23 May 2019, the covering letter dated 23 May 2019 and the following details and plans hereby approved:

 

-    Planning Statement incorporating Design and Access Statement, ref 16/089, dated April 2017;

-    Site Layout and External Levels, ref K33773/A1/02, dated 27/03/2017;

-    Flood Risk Assessment and Outline Drainage Strategy, ref K33773/01/FRA/RH, Issue A, dated 11 April 2017;

-    Planting Plan, ref TS-WW-01, dated 12 April 2017;

-    Proposed Streetscenes, ref 120 revision B, dated 03/17;

-    Statement of Historical Significance, ref 16/089, dated April 2017;

-    Noise Assessment Report, ref 191/2016, dated 22 December 2016;

-    Schedule of finishes;

-    Site Plan, ref SC TS:01, dated 8 August 2016;

-    General Arrangement, ref SS0015.90.9.GA revision B, dated 20 April 2018;

-    Development Plot Schedule submitted 23 May 2019;

-    Elevations, Plan & Section 1, Single Detached Garage 1, ref SG1-EPS1, dated 20/04/2012

-    House Type: The Armstrong v1, ref ARM-PLP1, V1 Type A dated 26/02/18 submitted 23 May 2019;

-    House Type: The Elliot v1, ref ELL-PLE1/1, dated 12/04/2017;

-    House Type: The Fenwick v1, ref FEN-PLE1/1, dated 12/04/2017;

-    House Type: The Glendenning v1, ref GLE-PLE1/1, Type B dated 29/01/19 submitted 23 May 2019;

-    House Type: The Graham v1, ref GGRA-PLE1/1, Type M dated 28/01/19 submitted 23 May 2019;

-    House Type: The Kerr v1, ref KER-PLE1/2, dated 12/04/2017.

-    House Type: The Routledge v1, ref KER-PLE1/3, Type D dated 18/04/2018 submitted 23 May 2019;

-    House Type: The Scott, ref SCO-PLE1/2, Type S, dated 21-01-19 submitted 23 May 2019

-    Kerb Detail at uncontrolled pedestrian crossings – ref. CDG 1152/Am.0, dated August 2005;

-    Kerb Detail at uncontrolled pedestrian crossings – ref. CDG 1153/Am.0, dated August 2005

 

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

 

On-going Conditions

 

1.               The development shall be carried out in strict accordance with the following approved plans related to surface water, ‘Operation & Maintenance Plan for Sustainable Drainage Systems’ ref K33773/02/O&M/RH dated 12 October 2017; Proposed Foul & Surface Water Drainage Plan ref K33773/A1/20 rev. C dated 12 October 2017 for the duration of the development.

 

            Reason: To safeguard against flooding to surrounding sites and against pollution.

 

2.               The development shall be carried out in strict accordance with the following approved plans related to Highways works, External Works Construction Details ref K33773/A1/04 dated 20 September 2017; External Works Construction Details ref. K33773/A1/04 rev. A dated 18 October 2017; and Proposed Highways Longitudinal Sections ref. K33773/A1/07 dated 20 September 2017.

 

            Reason: To ensure a minimum standard of construction and in the interests of highway safety.

 

3.               The hereby approved development shall be completed in strict accordance with the plan entitled ‘Proposals for controlling noise vibration and dust/emissions to air’ date stamped 28 November  ...  view the full minutes text for item Pla/49/8/19

Pla/50/8/19

Planning Application No: 18/0560 Change of Use of Agricultural Land to Car Park (as amended) Land adjacent car park, Dufton

Minutes:

The Committee received a presentation from Ms S Foot, a Parish Councillor, in objection to the application.

 

Proposed by Councillor Clark

Seconded by Councillor Nicolson

 

and RESOLVED that planning permission be REFUSED for the following reason:

 

1.         The development proposed would result in the unacceptable loss of mature healthy trees which make a very important and visually significant contribution to the character and amenity of the designated Conservation Area of Dufton.  No acceptable overriding justification for the loss, through removal has been put forward, and the development proposed is therefore considered to be contrary to the adopted aims and criteria concerns of Policies ENV1, ENV2, ENV3, DEV5 and ENV10 of the adopted Eden Local Plan 2014-2032.

Pla/51/8/19

Confirmation of Site Visits (if any)

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

Minutes:

The Planning Services Development Manager confirmed that a site visit would take place at Land adjacent to `Fernbank’, Great Strickland on 29 August 2019.

 

There will be no formal meeting following the site visit.

Pla/52/8/19

Any Other Items which the Chairman decides are urgent

Minutes:

No items of urgent business were raised at this meeting.

Pla/53/8/19

Date of Next Meeting

The date of the next scheduled meeting be confirmed as 19 September 2019.

Minutes:

The date of the next scheduled meeting was confirmed as 19 September 2019.