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Agenda and minutes

Contact: Members Services  01768 817 817

Items
No. Item

Pla/1/04/21

Apologies for Absence

Minutes:

At the start of the meeting, the Senior Solicitor advised that this meeting was being hosted remotely using conferencing software which allowed members, Officers and public attendance whilst being able to protect themselves and others, and observe the Government’s social distancing measures.

The Senior Solicitor also stated that all votes during this meeting would be taken though an informal recorded vote, though would not be noted as such in the minutes.

A roll call of those Members in attendance remotely was then taken.

Apologies were received from Councillor Holden, Councillor Baker attended as substitute and from Councillor Martin, Councillor Nicolson attended as substitute.

Pla/2/04/21

Minutes

To sign the minutes: Pla/129/03/21to Pla/142/03/21 of the meeting of this Committee held on 18 and 19 March 2021 as a correct record of those proceedings (copies previously circulated).

Minutes:

RESOLVED that the public minutes Pla/129/03/21 to Pla/142/03/21 of the meeting of this Committee held on 18 and 19 March 2021 be confirmed and signed by the Chairman as a correct record of those proceedings.

Pla/3/04/21

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 gave a personal explanation with regard to planning application 20/0877 as he had been lobbied in respect of this application.

Councillor Banks gave a personal explanation with regard to planning application 20/0658 in that he wished to speak for the applicant and would be leaving the meeting for the duration of the item.

Councillor Chambers gave a personal explanation with regard to planning application 20/0877 as he had been lobbied in respect of this application.

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

Councillor Patterson gave a personal explanation with regard to planning application 20/0877 as he had been lobbied in respect of this application.

Councillor Sawrey-Cookson gave a personal explanation with regard to application 21/0095 as he was a customer of the objector. He stated that he came to the meeting with an open mind and would vote on the application.

Councillor Simpkins gave a personal explanation with regard to planning application 20/0877 as he had been lobbied in respect of this application.

Councillor Wicks gave a personal explanation with regard to planning application 20/0877 as she is was the Ward Member and had been lobbied in respect of this application.

 

Pla/4/04/21

Appeal Decision Letters pdf icon PDF 389 KB

To receive the attached report PP11/21 from the Assistant Director Planning and Economic Development which lists decision letters from the Planning Inspectorate received since the last meeting. 

 

Minutes:

Members considered report PP11/21 of the Assistant Director Development which detailed decision letters received since the last meeting.

 

Application Number(s)

Applicant

Appeal Decision

20/0386

Mr Dougi Hall, Holiday Accommodation, Adjacent to Wayside, Crackenthorpe, Appleby, CA16 6AF

The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission.

The development proposed is described as, Application is a second go following withdrawal of application ref 19/0746. Addition of first floor balcony to the front elevation of the already approved holiday accommodation. Balcony to be supported by stone pillars matching the already approved holiday cottage with black metal railings in-keeping with the surrounding area (see ‘SHA-0419-00-00-A – Design, Access and Planning Statement’). Balcony floor construction to be timber decking.

The appeal is dismissed.

20/0423

Ms Baycliffe, Rookby Scarth (adjacent to) Winton, Kirkby Stephen, CA17 4HU

The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission.

The dwelling proposed is change of use and conversion of existing agricultural barn to new dwelling.

The appeal is dismissed.

 

Ms Baycliffe, Rookby Scarth (adjacent to) Winton, Kirkby Stephen, CA17 4HU

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 the Council to grant planning permission for the change of use and conversion of existing agricultural barn to new dwelling.

The award of costs is refused.

 

RESOLVED that the report be noted.

 

Pla/5/04/21

Planning Issues pdf icon PDF 46 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 March 2021

b)      Reasons for refusal on delegated decisions for the month of March 2021.

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 March 2021;

b)     Reasons for refusal on delegated decisions for the month of March 2021.

be noted.

 

Pla/6/04/21

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 No

1

Planning Application No: 20/0877

Application to modify the S106 agreement relating to affordable housing, attached to application 17/0333

Land to the east of the Thorpe, Greystoke

Story Homes Ltd

Recommended to:

APPROVE
Amendment to Section 106 Agreement

39

2

Planning Application No: 20/0799

Variation of conditions: Section 73 application to develop land without compliance with conditions 14 (working hours of employees not resident on site) and 15 (register of occasions where employees not resident on site work until 8pm), attached to approval 20/0133

Land adj. to Fernbank, Great Strickland

Applegarth Foods – Mrs K. Twentyman

Recommended to:

APPROVE
Subject to Conditions

52

3

Planning Application No: 21/0095

Outline application for erection of a dwelling with all matters reserved

Land at Rose Cottage, Blencarn, CA10 1TX

Mr J R Turnbull

Recommended to:

APPROVE
Subject to Conditions

70

4

Planning Application No: 20/0658

Proposed residential development

Land South of Beacon View, Little Salkeld

Ms J Curwen

Recommended to:

REFUSE
With Reasons

85

 

 

 

 

Minutes:

Members were advised of the applications requiring a decision by Members as detailed in a report of the Assistant Director 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/7/04/21

Planning Application No: 20/0877 Application to modify the S106 agreement relating to affordable housing, attached to application 17/0333 Land to the east of the Thorpe, Greystoke, Story Homes Ltd

Minutes:

The Chairman explained that only Committee Members who had been present at the meeting on the 18 March 2021 would be able to vote on this application.

Proposed by Councillor Chambers

Seconded by Councillor Lynch

and RESOLVED that permission is granted to vary the Section 106 agreement entered into under planning permission ref 17/0333 to the absolute satisfaction of the Assistant Director Development requiring the provision of:

·                  x6 units subject to discounted sale at 60% open market value subject to the price being capped in any event at 60% of the mean open market price of property in the area (affordable price cap).

Pla/8/04/21

Planning Application No: 20/0799 Variation of conditions: Section 73 application to develop land without compliance with conditions 14 (working hours of employees not resident on site) and 15 (register of occasions where employees not resident on site work until 8pm), attached to approval 20/0133 Land adjacent to Fernbank, Great Strickland Applegarth Foods - Mrs K Twentyman

Minutes:

The Planning Services Development Manager explained that, since publication, there had been a further response from an objector and provided further details of the objection and the case officer’s response.

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

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

Proposed by Councillor Eyles

Seconded by Councillor Chambers

and RESOLVED  that planning permission be GRANTED subject to the following conditions, and with delegated authority to the officers to amend condition 14 to address the activity on the site between 9.30pm and 11.30pm:

1.            The development permitted shall be begun before the expiration of three years from the date of the original permission 20/0133 (16 July 2020).

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 application form and following details and plans hereby approved:

·         Proposed location plan Rev V5 01 dated 12 12 2019;

·         Proposed site plan Rev V5 01 dated 12 12 2019;

·         Ground floor plan rev V5.1 Rev04 dated 10 2 2020;

·         Dwelling first floor and elevations rev V5.1 Rev04 dated 10 2 2020;

·         Work unit elevations rev V5.1 Rev04 dated 10 2 2020;

·         Garage and timber shed rev V5.1 Rev04 dated 10 2 2020;

·         Design and Access Statement date-stamped 20 Feb 2020;

·         Business Plan May 2020

·         Combined Drainage, Splays and Landscape plan rev A dated 25 1 2021

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

3.            The development shall be carried out in accordance with the approved surface water drainage scheme dated 3/12/2020, as revised 25/1/2021 approved under application 20/0942. The approved scheme shall be implemented in full before the occupation of the development, and shall be retained as such thereafter.

Reason: To promote sustainable development, secure proper drainage and to manage the risk of flooding.

4.            The new access and visibility splays for the development shall be carried out in accordance with the Combined Drainage, Splays & Landscape plan dated 3/12/2020 approved under application 20/0942. The approved scheme shall be implemented in full before the occupation of the development, and shall be retained as such thereafter.

Reason: In the interests of highway safety.

Before construction works above foundation level commence

5.            Samples or full details of all external materials proposed for the development shall be submitted to and approved by the Local Planning Authority in writing prior to their use on site. Development shall be carried out in accordance with the approved details.

Reason: To ensure that the materials are acceptable and in keeping with this sensitive location. The condition is considered necessary to be complied with prior to occupation as compliance with the requirements of the condition at a later time could result in unacceptable harm contrary to the policies  ...  view the full minutes text for item Pla/8/04/21

Pla/9/04/21

Planning Application No: 21/0095 Outline application for erection of a dwelling with all matters reserved Land at Rose Cottage, Blencarn, CA10 1TX Mr J R Turnbull

Minutes:

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

The Committee received a presentation from C Richardson, Chairman Culgaith Parish Council, in objection to the application.

The Planning Services Development Manager read out a statement on behalf of Mr J Turnbull, the applicant, in support of the application.

Proposed by Councillor Sawrey-Cookson

Seconded by Councillor Baker

and RESOLVED that the application be REFUSED as:

1.            the development would result in an adverse and detrimental impact upon the built environment contrary to Policy DEV5 of the Eden Local Plan; and

2.            the development would fail to protect the amenity of neighbouring residential properties and future residents contrary to Policy DEV5 of the Eden Local Plan.

Proposed by Councillor Chambers

Seconded by Councillor Baker

and RESOLVED that the meeting go beyond three hours.

Councillor Banks left the meeting at 12:16.

The meeting was adjourned at 12:12.

The meeting was reconvened at 12:24.

                                 

Pla/10/04/21

Planning Application No: 20/0658 Proposed residential development Land South of Beacon View, Little Salkeld Ms J Curwen

Minutes:

The Committee received a presentation from Councillor Banks, the ward councillor, in support of the application.

The Committee received a presentation from Miss J Curwen, the applicant, in support of the application.

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

Proposed by Councillor Sawrey-Cookson that the application be refused in line with officer recommendations.

The motion failed to find a seconder and therefore FELL.

Councillor Nicolson left the meeting at 13:00

Proposed by Councillor Chambers

Seconded by Councillor Wicks

and RESOLVED  that planning permission be GRANTED with delegated powers granted to officers to apply appropriate conditions.

Pla/11/04/21

Confirmation of Site Visits (if any)

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

Minutes:

No site visits were confirmed at this meeting.

Pla/12/04/21

Any Other Items which the Chairman decides are urgent

Minutes:

No items of urgent business were raised at this meeting.

Pla/13/04/21

Date of Next Meeting

The date of the next scheduled meeting be confirmed as Thursday 20 May 2020.

Minutes:

The date of next meeting was confirmed as 20 May 2020.