Agenda and draft minutes

Planning Committee - Thursday, 20th May, 2021 9.30 am

Venue: Sports Hall, Penrith Leisure Centre, Penrith

Contact: Members Services  01768 817 817

Items
No. Item

Pla/14/04/21

Apologies for Absence

Minutes:

Apologies for absence were received from Councillor Banks, Councillor Greenwood attended as substitute, and Councillor Simpkins, Councillor Baker attended as substitute.

Pla/15/04/21

Minutes

To sign the minutes Pla/104/21 to Pla/1304/21 of the meeting of this Committee held on 15 April 2021as a correct record of the proceedings (copy previously circulated.

 

 

 

 

Minutes:

RESOLVED that the public minutes Pla/104/21 to Pla/130421 of the meeting of this Committee held on 15 April 2021 be confirmed and signed by the Chairman as a correct record of those proceedings.

Pla/16/04/21

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 Chambers gave a personal explanation with regard to planning application 21/0106 as he did a site visit and he was not aware at the time of the visit that the builder was the applicant.

 

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

 

Councillors Holden and Ross gave a personal explanations with regard to planning application 21/0332 as they were the Ward Members.

 

Councillor Wickes gave a personal explanation with regard to planning application 21/0332 in that she knew the applicant.

Pla/17/04/21

Appeal Decision Letters pdf icon PDF 131 KB

To receive report PP14/21 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.

 

 

Minutes:

Members considered report PP14/21 of the Assistant Director Planning and Economic Development which detailed decision letters received since the last meeting.

 

Application Number(s)

Applicant

Appeal Decision

 

 

 Mr Keith Dudson, Land at Bellevue Farm, Penrith, Alongside Green Lane, Cumbria

The appeal is made under Section 97 of the Environmental Act 1995 and Regulation 9 of the Hedgerows Regulations 1997 against a Hedgerow Replacement Notice.

The Hedgerow Replacement Notice indicates that “it appears to (The Council) that sections of hedgerow on land owned by (Mr Keith Dudson) have been removed without the prior consent of the Council, in contravention of Regulation 5 (1) of the Regulations”.

The Hedgerow Replacement Notice requires that a new replacement hedgerow is planted in the same location as the hedgerow removed using the following specification: Hawthorn 60% Blackthorn 20%; holly 5%; Dog Rose 5%; Bird Cherry 5% and Oak or Lime, 5%. The tree size to be 30-60 cm whips (bare rooted or plugs); planting to be at a density of 4-6 plants per metre in two staggered rows 40-60cm. The new hedgerow shall be protected with suitable stock-proof fencing to prevent damage to the hedgerow from farm machinery, grazing animals and other wildlife. All plant losses in the replacement hedgerow shall be replaced until the hedgerow has established as a continuous linear feature without gaps.

Hedgerow planting and suitable stock-proof protective fencing shall be erected by 31 January 2020.

 

 The appeal is dismissed and the Hedgerow Replacement Notice is upheld subject to variation by deleting paragraph 6(1) of the Notice and replacing it with words: “The planting is to be carried out by 31 January 2022”.

 

 

Appeal Ref: APP/HGW/2019/515

Land at Bellevue Farm, Penrith, Alongside Green Lane, Cumbria

 

               The appeal is made under Section 97 of the Environment Act 1995 and Regulation 9 of the Hedgerows Regulations 1997 against a Hedgerow Replacement Notice.

              The appeal is made by Mr Keith Dudson against the issuing of the notice by Eden District Council.

              The Hedgerow Replacement Notice is dated 8 March 2019.

              The Hedgerow Replacement Notice indicates that “it appears to (The Council) that sections of hedgerow on land owned by (Mr Keith Dudson) have been removed without the prior consent of the Council, in contravention of Regulation 5 (1) of the Regulations”.

              The Hedgerow Replacement Notice requires that a new replacement hedgerow is planted in the same location as the hedgerow removed using the following specification: Hawthorn 60%; Blackthorn 20%; holly 5%; Dog Rose 5%; Bird Cherry 5% and Oak or Lime, 5%. The tree size to be 30-60 cm whips (bare rooted or plugs); planting to be at a density of 4-6 plants per metre in two staggered rows 40-60cm. The new hedgerow shall be protected with suitable stock-proof fencing to prevent damage to the hedgerow from farm machinery, grazing animals and other wildlife. All plant losses in the replacement hedgerow shall be replaced until the hedgerow has established as a continuous linear feature without  ...  view the full minutes text for item Pla/17/04/21

Pla/18/04/21

Planning Issues pdf icon PDF 207 KB

To note the attached list of the Assistant Director Planning and Economic Development. Reasons for refusal on delegated decisions for the month of April 2021.

Minutes:

RESOLVED that the attached list of the Assistant Director Development Applications refused under office delegated powers for the month of April 2021 be noted.

Pla/19/04/21

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 No

1

Planning Application No: 21/0332

Passivhaus standard retrofit to existing office building involving demolition and replacement of external cladding, demolition of external stairs and creation of external service zone together with extension of ground floor area to match upper floors. External works including new paving and soft landscaping. Re-submission of 21/0017

Voreda House, Portland Place, Penrith

Eden District Council

Recommended to:

APPROVE
Subject to Conditions

15

2

Planning Application No: 21/0106

The erection of an extension to unit 4, the erection of a detached garage and the change of use of agricultural land to residential to create a larger garden. Re-submission of 20/0876

Fairacre House, Temple Sowerby

Mr and Mrs Wilkinson

Recommended to:

REFUSE
With Reasons

46

3

Planning Application No: 20/0658

Proposed Residential Development

Land South of Beacon View, Little Salkeld

Ms J Curwen

Recommended to:

APPROVE
Subject to Conditions

59

4

Planning Application No: 21/0204

Erection of 4 local occupancy dwellings, re-submission of 19/0159

Churnside Farm Sheds, Melmerby, Penrith

Messrs Awde

Recommended to:

REFUSE
With Reasons

67

5

Planning Application No: 21/0073

Outline application for self-build dwelling, with all matters reserved

Land at Ainstable, Ainstable

Mrs Angela Bainbridge

Recommended to:

REFUSE
With Reasons

83

 

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 those applications which are refused be refused for the reasons set out in the report and/or any reasons set out below;

Pla/20/04/21

Planning Application No: 21/0332 Passivhaus standard retrofit to existing office building involving demolition and replacement of external cladding, demolition of external stairs and creation of external service zone together with extension of ground floor area to match upper floors. External works including new paving and soft landscaping. Re-submission of 21/0017
Voreda House, Portland Place, Penrith
Eden District Council

Minutes:

The Committee received a presentation from Councillor Ryland, an objector, objecting to the proposal.

 

The Committee received a presentation from Mr J Davies, representative for Penrith Parish Council, an objector to the proposal.

 

The Committee received a presentation from Mr R Hughes, agent for the applicant, in support of the proposal.

 

Proposed by Councillor Sawrey-Cookson that the application be refused to protect the environment in accordance with Planning Policies ENV1 and ENV2.

 

The motion was seconded by Councillor Lynch.

 

For: 5

Against: 6

 

The Motion, therefore, FELL.

 

Proposed by Councillor Ross

Seconded by Councillor Holden

 

For: 6

Against: 5

 

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 documents and drawings hereby approved:

i. Application Form, received 06 April 2021;

ii. Location Plan (ref: 2020.T.1 – Rev.01), received 06 April 2021;

iii. Proposed Elevations (ref: 2020.T.9 – Rev.02), received 27 April 2021;

iv. Proposed Ground and First Floor Plans (ref: 2020.T.7 – Rev.02), received 27 April 2021;

v. Proposed Second Floor and Roof Plan (ref: 2020.T.8 – Rev.01), received 06 April 2021;

vi. Proposed Site Plan (ref: 2020.T.6 – Rev.02), received 27 April 2021;

vii. Proposed Landscape Plan (ref: 2020.T.10 – Rev.01), received 06 April 2021;

viii. Tree Protection Methodology (ref: Rev.A), received 27 April 2021;

ix. Design, Access and Heritage Statement (ref: Rev.C) received 06 April 2021;

x. Typical Proposed Section Plan (ref: 2020.T.12 – Rev.01), received 06 April 2021.

 

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

 

Before the Development is Commenced

 

3) Prior to the commencement of the development hereby approved, a Construction Traffic Management Plan (CTMP) shall be submitted to and approved in Writing by the Local Planning Authority. The CTMP shall include details of:

 

·          Pre-construction road condition established by a detailed survey for accommodation works within the highway boundary conducted with a Highway Authority representative; with all post repairs carried out to the satisfaction of the Local Highway Authority at the applicants expense;

·          Details of proposed crossings of the highway verge;

·          Retained areas for vehicle parking, manoeuvring, loading and unloading for their specific purpose during the development;

·          Cleaning of site entrances and the adjacent public highway and footway;

·         The sheeting of all HGV’s taking spoil to/from the site to prevent spillage or deposit of any materials on the highway;

·          Construction vehicle routing;

·          The management of junctions to and crossings of the public highway and other public rights of way/footway;

·          Details of any proposed temporary access pints (vehicular/pedestrian);

·          Specific measures to manage and limit the impact on the nearby schools, including working hours, any special measures  ...  view the full minutes text for item Pla/20/04/21

Pla/21/04/21

Planning Application No: 21/0106 The erection of an extension to unit 4, the erection of a detached garage and the change of use of agricultural land to residential to create a larger garden. Re-submission of 20/0876
Fairacre House, Temple Sowerby
Mr and Mrs Wilkinson

Minutes:

The Committee received a presentation from Mrs C Wilkinson, the applicant, in support of the application.

 

Proposed by Councillor D Wickes

Seconded by Councillor J C Lynch

 

That 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 documents and drawings hereby approved:

i.       Application Form, received 06 April 2021;

ii.      Location Plan (ref: 2020.T.1 – Rev.01), received 06 April 2021;

iii.     Proposed Elevations (ref: 2020.T.9 – Rev.02), received 27 April 2021;

iv.     Proposed Ground and First Floor Plans (ref: 2020.T.7 – Rev.02), received 27 April 2021;

v.      Proposed Second Floor and Roof Plan (ref: 2020.T.8 – Rev.01), received 06 April 2021;

vi.     Proposed Site Plan (ref: 2020.T.6 – Rev.02), received 27 April 2021;

vii.    Proposed Landscape Plan (ref: 2020.T.10 – Rev.01), received 06 April 2021;

viii.   Tree Protection Methodology (ref: Rev.A), received 27 April 2021;

ix.     Design, Access and Heritage Statement (ref: Rev.C) received 06 April 2021;

x.      Typical Proposed Section Plan (ref: 2020.T.12 – Rev.01), received 06 April 2021.

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

Before the Development is Commenced

3.     Prior to the commencement of the development hereby approved, a Construction Traffic Management Plan (CTMP) shall be submitted to and approved in Writing by the Local Planning Authority. The CTMP shall include details of:

·           Pre-construction road condition established by a detailed survey for accommodation works within the highway boundary conducted with a Highway Authority representative; with all post repairs carried out to the satisfaction of the Local Highway Authority at the applicants expense;

·           Details of proposed crossings of the highway verge;

·           Retained areas for vehicle parking, manoeuvring, loading and unloading for their specific purpose during the development;

·           Cleaning of site entrances and the adjacent public highway and footway;

·           The sheeting of all HGV’s taking spoil to/from the site to prevent spillage or deposit of any materials on the highway;

·           Construction vehicle routing;

·           The management of junctions to and crossings of the public highway and other public rights of way/footway;

·           Details of any proposed temporary access pints (vehicular/pedestrian);

·           Specific measures to manage and limit the impact on the nearby schools, including working hours, any special measures to accommodate pedestrians.

Thereafter, the development shall be undertaken in accordance with the approved plan at all times during the construction works.

Reason: To ensure the undertaking of the development does not adversely impact upon the fabric or operation of the local highway network and in the interests of highway and pedestrian safety.

Pre-Occupancy or Other Stage Conditions

4.     Prior to the occupation of the building, a BS4142 Method for rating  ...  view the full minutes text for item Pla/21/04/21

Pla/22/04/21

Planning Application No: Proposed Residential Development
Land South of Beacon View, Little Salkeld
Ms J Curwen

Minutes:

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

 

Proposed by Councillor P.G Baker

Seconded by Councillor D Holden

 

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

 

1.     The development permitted shall be begun either before the expiration of three years from the date of this permission or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

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/the Business and Planning Act which temporarily modifies the Town and Country Planning Act 1990 in recognition of the effect coronavirus has had on the planning system.

2.     Application for approval of all reserved matters shall be made to the Local Planning Authority 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.

3.     Approval of the details of the scale, layout and external appearance of the building(s), means of access thereto and the landscaping of the site (called “the reserved matters”) shall be obtained from the Local Planning Authority in writing before any development is commenced.

Reason:The application is in outline form only and is not accompanied by full detailed plans.

Scope of the permission

4.     The development shall comprised no more than one dwelling

Reason:In order to ensure the development meets the need demonstrated in the application.

5.     The dwelling hereby approved shall not exceed 150sqm gross internal floor space.

Reason:In order to comply with Policy HS2 of the Eden Local Plan 2014-2032.

Approved Plans

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

i)       Application forms received 30 October 2020;

ii)      Location Plan received 09 September 2020.

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

Before the Development is Commenced

7.     No development shall take place until there has been submitted to and approved by the local planning authority a plan reserving adequate land for the parking of vehicles engaged in construction operations associated with the development hereby approved, and that land, including vehicular access thereto, shall be used for or kept available for these purposes at all times until the completion of the construction works.

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

8.     Prior to the commencement of any development, a surface water drainage scheme, based on the hierarchy of drainage options in the National Planning Practice Guidance with evidence of an assessment of the site conditions (inclusive of how the scheme shall be managed after completion) shall be submitted to and approved in writing by the local planning authority The development shall be completed, maintained and managed  ...  view the full minutes text for item Pla/22/04/21

Pla/23/04/21

Planning Application No: 21/0204 Erection of 4 local occupancy dwellings, re-submission of 19/0159
Churnside Farm Sheds, Melmerby, Penrith
Messrs Awde

Minutes:

The Committee received a presentation from Mr Wilson, the agent for the applicant, in support of the application.

 

Proposed by Councillor A Ross

Seconded by Councillor D Wickes

 

and RESOLVED that the application be deferred to enable ecological surveys to be obtained.

Pla/24/04/21

Planning Application No: 21/0073 Outline application for self-build dwelling, with all matters reserved
Land at Ainstable, Ainstable
Mrs Angela Bainbridge

Minutes:

The Committee received a presentation from Councillor D Smith, representing Ainstable Parish Council, in support of the application.

 

The Committee received a presentation from Mr P Tunstall, JWPC Planning Practice representing the applicant, in support of the application.

 

Proposed by Councillor D Wickes

Seconded by Councillor Lynch

 

And RESOLVED that consideration be deferred for a site visit.

Pla/25/04/21

Confirmation of Site Visits (if any)

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

Minutes:

It was agreed that the date and time for the site visit would be confirmed at a later date.

Pla/26/04/21

Any Other Items which the Chairman decides are urgent

Minutes:

There were no items that the Chairman felt were urgent.

Pla/27/04/21

Date of Next Meeting

The date of the next scheduled meeting be confirmed as 17 June 2021.

Minutes:

The date for the next scheduled meeting was confirmed as 17 July 2021 at 1.30 pm.