Agenda and draft minutes

Planning Committee
Thursday, 19th September, 2019 9.30 am

Venue: Council Chamber, Town Hall, Penrith

Contact: Members Services  01768 817 817

Items
No. Item

Pla/54/09/19

Exclusion of the Public

Minutes:

RESOLVED that in accordance with Section 100A(4) of the Local Government Act 1972, members of the public (including the press) should be excluded from the meeting during the discussion of the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraph 5 of Part 1 to Schedule 12A of the Act.

 

Pla/55/09/19

Apologies for Absence

Minutes:

Apologies for absence were received from Councillor Eyles, Councillor Baker attended as substitute, Councillor Holden, Councillor Harker attended as substitute, and from Councillor Lynch.

Pla/56/09/19

Minutes

To sign the minutes Pla/39/8/19 to Pla/53/8/19 of the meeting of this Committee held on 15 August 2019 as a correct record of those proceedings (copies previously circulated).

 

Minutes:

RESOLVED that the public minutes Pla/39/08/19 to Pla/53/08/19 of the meeting of this Committee held on 15 August 2019 be confirmed and signed by the Chairman as a correct record of those proceedings.

Pla/57/09/19

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 Thompson gave a personal explanation with regard to application numbers 18/0917 and 19/0286 in that he had been lobbied regarding these items. He intended to remain in the room and vote on these items.

 

Councillor Sawrey-Cookson gave a personal explanation with regard to application 18/0917 as he knew the applicant, and had been lobbied on this item. He intended to remain in the room and vote on this items.

 

Councillor Baker gave a personal explanation with regard to application 19/0202 as he was acquainted with both the applicant and the agent. He intended to remain in the room and vote on this item.

Pla/58/09/19

Appeal Decision Letters pdf icon PDF 227 KB

To receive report PP25/19 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

18/0837

Mr Nick Hill

Land adjacent to Apple Dene, Wetheriggs, Clifton Dykes, Cumbria, CA10 2DH

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 outline application for residential development with all matters reserved.

 

The appeal is dismissed.

19/0104

Mr and Mrs F Milburn

Field adjacent to A685, Church Brough, Nr Kirkby Stephen, Cumbria, CA17 4EJ

 

The appeal is made under section 78 of the Town and Country Planning Act 1990 against a failure to give notice within the prescribed period of a decision on an application for outline planning permission.

 

The development proposed is described as new dwelling garden curtilage area, field adjacent road, A685, Church Brough.

 

The appeal is dismissed.

 

Mr and Mrs F Milburn

Field adjacent to A685, Church Brough, Nr Kirkby Stephen, Cumbria, CA17 4EJ

 

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 failure of the Council to issue a notice of their decision within the prescribed period on an application for planning permission for new dwelling garden curtilage area, field adjacent road, A685, Church Brough.

The application for an award of costs is dismissed.

 

Minutes:

Members considered report PP25/19 of the Assistant Director Planning and Economic Development which detailed decision letters received since the last meeting.

 

Application Number(s)

Applicant

Appeal Decision

18/0837

 

Mr Nick Hill

Land adjacent to Apple Dene, Wetheriggs, Clifton Dykes, Cumbria, CA10 2DH

 

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 outline application for residential development with all matters reserved.

 

The appeal is dismissed

19/0104

Mr and Mrs F Milburn

Field adjacent to A685, Church Brough, Nr Kirkby Stephen, Cumbria, CA17 4EJ

 

The appeal is made under section 78 of the Town and Country Planning Act 1990 against a failure to give notice within the prescribed period of a decision on an application for outline planning permission.

 

The development proposed is described as new dwelling garden curtilage area, field adjacent road, A685, Church Brough.

 

The appeal is dismissed

 

Mr and Mrs F Milburn

Field adjacent to A685, Church Brough, Nr Kirkby Stephen, Cumbria, CA17 4EJ

 

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 failure of the Council to issue a notice of their decision within the prescribed period on an application for planning permission for new dwelling garden curtilage area, field adjacent road, A685, Church Brough.

The application for an aware of costs is dismissed.

 

RESOLVED that the report be noted.

 

Pla/59/09/19

Planning Issues pdf icon PDF 35 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 August 2019

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

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

be noted.

 

Pla/60/09/19

Planning Issues - Applications for Debate (Green Papers) pdf icon PDF 1 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: 180917

 

Construction of live/work unit and field shelter

 

Land adjacent to `Fernbank’, Great Strickland

 

Applegarth Foods – Mrs K Twentyman

Recommended to:

REFUSE
With Reasons

31

2

Planning Application No: 19/0359

 

Change of use of land to holiday use and erection of 1 no. holiday lodge

 

Land to north of Dukes Meadows, Lamonby

 

Mr F Sharpe

Recommended to:

APPROVE
Subject to Conditions

44

3

Planning Application No: 19/0428

 

Retrospective change of use of agricultural land to petting zoo and siting of stables/field shelters

 

Ullswater Heights Holiday Home and Lodge Park, Silver Howe, Flusco, Newbiggin Stainton

 

Leisure Resorts Ltd

Recommended to:

APPROVE
Subject to Conditions

55

4

Planning Application No: 19/0286

 

Retrospective variation of condition 1 (plans compliance) to include addition of a (bedroom) window to north elevation attached to approval 16/1116 (as revised)

 

Poppy House, Temple Sowerby

 

Mr A & Mrs N Wills

Recommended to:

APPROVE
Subject to Conditions

63

5

Planning Application No: 19/0202

 

Change of use of commercial premises to four self contained residential units, as revised

 

1-2 Little Dockray, Penrith

 

Eden Estates Agents – Mr N Miller

Recommended to:

APPROVE
Subject to Conditions

73

 

 

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 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/61/09/19

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

Minutes:

As Councillor Harker did not take part in the site visit, following legal advice she withdrew to the public gallery for this item, and did not take part in debate or vote thereon.

 

The Committee heard a presentation from Mr M Harvey, an objector, in objection to the application.

 

The Committee heard a presentation from Councillor A Burne, from Great Strickland Parish Council in support of the application.

 

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

 

The Committee heard a presentation from Mrs K Twentyman, the applicant, in support of the application.

 

Proposed by Councillor Thompson

Seconded by Councillor Clark

 

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

1.            Eden Local Plan Policy RUR4 allows for live/work units of an appropriate scale in rural areas provided they meet certain criteria, including that they should be of a scale and type sympathetic to the area within which they are proposed, and respect and reinforce local landscape character. All development must meet the criteria of Eden Local Plan Policy DEV5, which include the requirement for development to protect the district’s distinctive rural landscape, and to reflect the existing streetscene through use of appropriate scale and mass.

The proposed development would result in a new live/work unit of a size and scale that is considered inappropriate in this tranquil rural setting. The benefits to the rural economy, of allowing a local business to grow and to continue to support local suppliers, are in this case more than outweighed by the policy contradictions inherent in the proposal, in respect of the scale of both the dwelling and of the work unit, and the commercial appearance of the food production unit. The proposal would detract from the quiet and open character of the local rural area, and is therefore considered to be contrary to Policies RUR4 and DEV5 of the Eden Local Plan.

Pla/62/09/19

Planning Application No: 19/0359, Change of use of land to holiday use and erection of 1 no. holiday lodge, Land to north of Dukes Meadow, Lamonby

Minutes:

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

 

Proposed by Councillor Nicolson

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 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 22 May 2019

     ii)    Location plan received 27 August 2019

     iii)   Site plan, drawing no. D.02 received 27 August 2019

     iv)   Floor plan and elevations, drawing no. D.01 Dims received 27 August 2019

 

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

 

Pre-commencement condition

 

3.         Prior to commencement, a method statement shall be submitted to and agreed by the local planning authority, setting out how the proposed holiday unit will be constructed on site; how the panels will be transported on to the site; details of proposed works to trees and ground protection measure.

 

            Reason: In order to safeguard trees on site.

 

Pre-Occupancy or Other Stage Conditions

 

4.         This permission is for the siting of one holiday lodge only.

 

            Reason: In order to define the permission

 

5.         No consent is given to the paved garden area and associated planting area as shown on the site plan, drawing no. D.02 received on 21 August 2019.

 

            Reason: To safeguard the visual amenity of the area

 

Ongoing Conditions

 

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 purposes and is not used for unauthorised permanent residential occupation.

 

7.         The approved landscaping scheme shown on drawing no. D.02 shall be carried out within 6 months of the commencement of works at the site; any trees or plants which within a period of 5 years from the date of planting die, are removed or become seriously damaged or diseased shall be replaced in the next p season with others of similar size and species and quality.

 

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

Pla/63/09/19

Planning Application No. 19/0428, Retrospective change of use of agricultural land to petting zoo and siting of stables/field shelters, Ullswater Heights Holiday Home and Lodge Park, Silver Howe, Flusco, Newbiggin Stainton

Minutes:

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

 

Proposed by Councillor Chambers

Seconded by Councillor Harker

 

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 hereby approved:

 

i)     Application form received 17 June 2019

ii)    Location plan received 14 August 2019

iii)   Block plan received 11 August 2019

iv)   Elevations and floor plans of buildings 1 - 5 received 29 August 2019

 

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

 

Pre-Occupancy or Other Stage Conditions

 

2.         The Petting Zoo hereby approved shall only be operational in association with the holiday park currently known as Ullswater Heights Holiday Home and Lodge Park, Flusco. Should the holiday park cease operations then the Petting Zoo shall be fully discontinued.

 

Reason:In order to define the permission.

Pla/64/09/19

Planning Application No. 18/0286, Retrospective variation of condition 1 (plans compliance) to include addition of a (bedroom) window to north elevation attached to approval 16/1116 (as revised), Poppy house, Temple Sowerby

Minutes:

Councillor Harker left the meeting at 11:26am.

 

The Committee received a presentation from Mr Kavanagh, an objector, in objection to the application.

 

Councillor Nicolson left the meeting at 11.57am.

 

Proposed by Councillor Sawrey-Cookson

Seconded by Councillor Simpkins

 

that planning permission be REFUSED on the grounds of loss of privacy and amenity through overlooking neighbouring properity. The visual appearance of the building would be significantly altered by the addition of a glazed window.

 

For: 2

Against: 6

 

The motion therefore FELL.

 

Proposed by Councillor Thompson

Seconded by Councillor Sawrey-Cookson

 

and RESOLVED that delegated power be given to the Assistant Director Planning and Economic Development to agree a variation to a condition regarding the opening and glazing of the window, and that planning permission be granted subject to the following conditions/for the following reasons, plus the addition of the condition regarding opening and glazing the window.

 

Approved Plans

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

 

        i)     Site location and block layout Plan, Drawing Ref No 1 as dated received by the Local Planning Authority on the 17 April 2019.

 

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

Pla/65/09/19

Planning Application No. 19/0202, Change of use of commercial premises to four self contained residential units, as revised, 1-2 Little Dockray, Penrith

Minutes:

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

 

Proposed by Councillor Thompson

Seconded by Councillor Sawrey-Cookson

 

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

1.            The development permitted shall be begun within three years starting with the date of this approval.

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.    Site location and block plans, drawing Ref Nos 1856 EX 300/1 Revs A, as dated received by the Local Planning Authority on the 19th March 2019.

ii.    Existing and Proposed Ground Floor Plans and Layout, drawing Ref No 1856 F 300 Rev A, as dated received by the Local Planning Authority on the 19th March 2019.

iii.   Existing and Proposed elevations, drawing Ref No 1856 EX 500 Rev A, as dated received by the Local Planning Authority on the 19th March 2019.

iv.   Proposed First and Second Floor Plans and layout, drawing Ref No 1856 F 301 Rev A, as dated received by the Local Planning Authority on the 19th March 2019.

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

3.            Before the development hereby approved commences a scheme of sound insulation shall be submitted to and approved in writing by the local planning authority.  The scheme shall be designed following the completion of a noise survey undertaken by a competent person.  The scheme shall take account of the need to provide adequate ventilation, which may be by mechanical or passive means and shall be designed to achieve the following criteria with the ventilation operating:

 

            Bedrooms        30 dB LAeq (8 Hours) (2300 hrs – 0700 hrs)

            Living rooms    35 dB LAeq (16 Hours) (0700 hrs – 2300 hrs)

 

All Habitable Rooms 45 dB LAmax – Not exceeded more than ten times during the period 23:00 to 07:00 hrs.

 

Before the development is occupied the scheme shall be validated by a competent person and a validation report submitted to and approved in writing by the local planning authority.

Reason: To secure a satisfactory form of development on the site and in the interests of amenity.

Pla/66/09/19

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/67/09/19

Any Other Items which the Chairman decides are urgent

Minutes:

No items of urgent business were raised at this meeting.

Pla/68/09/19

Date of Next Meeting

The date of the next scheduled meeting be confirmed as 17 October 2019.

Minutes:

The date of the next scheduled meeting was confirmed as 17 October 2019.