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Agenda and minutes

Venue: The Council Chamber, Town Hall, Penrith

Contact: Members Services  01768 817 817

Items
No. Item

Pla/137/02/22

Apologies for Absence

Minutes:

No apologies for absence were received.

Pla/138/02/22

Minutes

To sign the minutes Pla/123/01/21 to Pla/136/01/21 of the meeting of this Committee held on 20 January 2022 as a correct record of those proceedings.

 

 

Minutes:

Proposed by Councillors Wicks

Seconded by Councillor Martin

 

and RESOLVED that the public minutes Pla/123/01/22 to Pla/136/01/22 of the meeting of this Committee held on 20 January 2022 be confirmed and signed by the Chairman as a correct record of those proceedings.

Pla/139/02/22

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 Wicks declared an interest in relation to Planning Application No: 21/0355 in that she had attended a virtual tour concerning the application, she was not predetermined towards the application.

 

Councillor Martin declared an interest in Planning Application No: 21/0533 in that she is the Chairman of Hesket Parish Council, and the application had been discussed at the Parish Meeting, she would step down from Committee on this application.

 

Councillor Baker declared an interest in relation to Planning Application No: 21/0355 in that he had attended a virtual tour two years ago concerning the application, he was not predetermined towards the application.

Pla/140/02/22

Questions and Representations from Members of the Public

To receive questions and representations from the public under Rules 10 and 11 of the Council and Committee Procedure Rules of the Constitution.

Minutes:

No questions or representations were received from members of the public under Rules 10 and 11 of the Council Procedure Rules of the Constitution.

Pla/141/02/22

Questions and Representations from Members

To receive questions and representations from Members under Rules 11 and 12 of the Council and Committee Procedure Rules of the Constitution.

Minutes:

No questions or representations were received from Members under Rules 11 and 12 of the Council Procedure Rules of the Constitution.

Pla/142/02/22

Appeal Decision Letters pdf icon PDF 231 KB

To receive report DCE11/22 from the Assistant Director Development which is attached and which lists decision letters from the Planning Inspectorate received since the last meeting:

 

Application No.

Applicant/Appeal

Appeal Decision

20/0443

Mrs Andrea Harker

Land adjacent to Village Green, Swillings Lane, Little Musgrave, Kirkby Stephen CA17 4PQ

 

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 single storey self-build dwelling and change of use of agricultural land to residential curtilage (Class C3).

The appeal is dismissed.

 

Minutes:

Members considered Report No: DCE11/22 of the Assistant Director Development which detailed decision letters received since the last meeting.

 

Application No:

Applicant

Appeal Decision

20/0443

Mrs Andrea Harker

 

Land adjacent to Village Green, Swillings Lane, Little Musgrave, Kirkby Stephen CA17 4PQ

 

 

 

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 single storey self-build dwelling and change of use of agricultural land to residential curtilage (Class C3).

The appeal is dismissed.

 

RESOLVED that the report be noted.

 

Pla/143/02/22

Planning Issues pdf icon PDF 27 KB

To note the attached lists of the Assistant Director Development.

a)    Applications determined under office delegated powers for the month of January 2022.

Minutes:

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

a)    Applications determined under officer delegated powers for the month of January 2022.  

 

Pla/144/02/22

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

To consider the reports of the Assistant Director Development on the following applications:

 

Item No

Application Details

Officer Recommendation

Page Number

1

Planning Application No: 21/0355

 

Erection of an industrial building for research and development to include workshop, test areas, offices, exhibition space, café/coffee shop and an underground car park alongside site works to include gated entrances, turning heads, set-down areas and an overflow car park

 

Land north of Mile Lane, Penrith, CA11 0DS

 

Barrnon Ltd

Recommended to:

 

APPROVE

Subject to Conditions

21-74

2

Planning Application No: 21/0549

 

Change of use of agricultural land for the siting of timber clad caravan lodges

 

Whitbarrow Field, Berrier, Penrith

 

Mr D Norton

Recommended to:

 

APPROVE

Subject to Conditions

75-102

3

Planning Application No: 21/0533

 

Reserved Matters application for appearance, landscaping, layout and scale, attached to approval 17/1003

 

Land adjacent Forge Court, Low Hesket, Carlisle

 

Mr H Barrow – Greenwood Properties Limited

Recommended to:

 

APPROVE

Subject to Conditions

103-113

4

Planning Application No: 21/0834

 

Creation of Carpark for Scheduled Ancient Monument Long Meg

 

Land south of Long Meg, Little Salkeld

 

North Pennines AONB Partnership – Ms F Knox

Recommended to:

 

APPROVE

Subject to Conditions

114-125

 

 

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/145/02/22

Planning Application No: 21/0355 Erection of an industrial building for research and development to include workshop, test areas, offices, exhibition space, café/coffee shop and an underground car park alongside site works to include gated entrances, turning heads, set-down areas and an overflow car park Land north of Mile Lane, Penrith, CA11 0DS Barrnon Ltd

Minutes:

The Planning Services Development Manager informed the meeting that this item was deferred at the last meeting due to a request from a third party to be called in by the Secretary of State. The Planning Services Development Manager further explained that the Committee can debate and resolve the item, but they cannot formally issue the decision notice until the expiration of the Secretary of State’s Holding Direction.

 

The Committee received a presentation from Mr Oakley, originally an objector, who now spoke in support of the application.

 

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

 

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

 

Proposed by Councillor Lynch

Seconded by Councillor Chambers

 

That the Committee recommend the application for approval, in line with officer recommendations. The proposal and recommendation by Committee also recognises that delegation is given to the Assistant Director Planning and Economic Development to issue the decision notice subject to the withdrawal of the holding order from the Secretary of State.

 

Councillor Ross proposed an amendment to the motion to include provision of cycle ways, and also a condition that requires a full and independent assessment of how biodiversity loss can be minimised.

 

Councillor Lynch rejected this amendment. Therefore the amendment FELL.

 

Councillor Ross proposed an amendment in that condition 21 be altered to also add reference to the provision of cycle ways.

 

Councillor Lynch accepted this amendment to the motion.

 

Proposed by Councillor Lynch

Seconded by Councillor Chambers

 

For: 10

Against: 1

Abstain: 0

 

and RESOLVED that the Committee recommend the application for approval, in line with officer recommendations, subject to amendment of condition 21 to include the addition of cycle ways. The proposal and recommendation by Committee also acknowledges that delegation is given to the Assistant Director Planning and Economic Development to issue the decision notice subject to the withdrawal of the holding order from the Secretary of State.

 

 

 

Time Limit for Commencement

1.    The development hereby approved shall be begun either 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).

2.    The development hereby approved shall be carried out in accordance with the drawings and documents hereby approved:

·         Location Plan (ref: 2006 – PL001 – Rev.A), received 18 May 2021;

·         Proposed Site Plan (ref: 2006 – PL200) – Rev.B), received 18 January 2022;

·         Proposed Site Plan – Detail (ref: 2006 – PL210 – Rev.B), received 18 January 2022;

·         Site Sections (ref: PL260), received 18 January 2022;

·         Ground and Basement Plan (ref: 2006 – PL300), received 8 March 2021;

·         First Floor Plan (ref: 2006 – PL301), received 8 March 2021;

·         Roof Plan (ref: 2006 – PL302), received 2 March 2021;

·         Sections – Page 1 of 2 (ref: 2006 – PL400), received 2 March 2021;

·         Sections – Page 2 of 2 (ref: 2006 – PL401), received 2 March 2021;  ...  view the full minutes text for item Pla/145/02/22

Pla/146/02/22

Planning Application No: 21/0549 Change of use of agricultural land for the sitting of timber clad caravan lodges Whitbarrow Field, Berrier, Penrith Mr D Norton

Minutes:

At 10:32 the meeting was adjourned.

At 10:35 the meeting was reconvened.

 

The Planning Services Development Manager informed the meeting that at page 81, paragraph 2.23 there was an error, in that the penultimate line should read west rather than north on the access.

 

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

 

Proposed by Councillor Wicks

Seconded by Councillor Martin

 

For: 10

Against: 1 

Abstain: 0

 

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.

 

Approved Plans

2.       The development hereby granted shall be carried out strictly in accordance with the application form received 08 June 2021 and the following details and plans hereby approved;

·       Assessed Scheme of Lighting received 17 October 2021;

·       Business Review received 9 June 2021;

·       Design and Access Statement received 9 June 2021;

·       Flood Risk Assessment NPD received 11 June 2021;

·       Further Design and Access Assessment received 17 October 2021;

·       Landscape Management Plan received 17 October 2021;

·       Layout Plan received 9 June2021;

·       Light Spill received 17 October 2021;

·       Lighting Assessment received 17 October 2021;

·       Location Plan received 9 June 2021;

·       Planning Statement received 6 June 2021;

·       Planning Review received 17 October 2021;

·       Preliminary Ecological Appraisal received 17 October 2021;

·       Residential Receptor Location Plan received 17 October 2021;

·       Transport Statement received 11 June 2021;

·       Landscape and Visual Impact Assessment received 9 June 2021;

·       Sustainable Homes Design Solutions received 22 October 2021;

·       Sustainable Homes Benefits received 22 October 2021

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

 

Prior to commencement

3.       Prior to the commencement of the development hereby approved, 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 surface water drainage scheme must be in accordance with the Non-Statutory Technical Standards for Sustainable Drainage Systems (March 2015) or any subsequent replacement national standards. No surface water shall discharge to the public sewerage system either directly or indirectly.

The development shall be completed, maintained and managed in accordance with the approved details.

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

 

4.       Prior to the commencement of the development hereby approved, details of a construction surface water management plan shall be submitted to the Local Planning Authority for written approval. Once approved, those details shall be implemented for the duration of all construction works.

Reason: To ensure flood risk is not increased within the site or elsewhere.

 

5.       Prior to the commencement of the development hereby  ...  view the full minutes text for item Pla/146/02/22

Pla/147/02/22

Planning Application No: 21/0533 Reserved Matters application appearance, landscaping, layout and scale, attached to approval 17/1003 Land adjacent Forge Court, Low Hesket, Carlisle Mr H Barrow - Greenwood Properties Limited

Minutes:

At the beginning of this item Councillor Martin stood down from the Committee and did not vote on this item, she returned to the Committee on completion of this item.

 

The Committee received a written representation from J Kipling, in his absence the Planning Services Development Manager delivered the representation.

 

The Committee received a presentation from Councillor Ryland, Ward Councillor for Hesket.

 

Proposed by Councillor Lynch

Seconded by Councillor Chambers

 

For: 8

Against: 0

Abstain: 3

 

and RESOLVED that a site visit be undertaken in relation to this item.

 

 

Pla/148/02/22

Planning Application No: 21/0834 Creation of Carpark for Scheduled Ancient Monument Long Meg Land South of Long Meg, Little Salkeld North Pennines AONB Partnership - Ms F Knox

Minutes:

The Committee received a presentation from Mrs F Knox, the applicant, in support of the application.

 

Proposed by Councillor Eyles

Seconded by Councillor Ross

 

For: 11

Against: 0

Abstain: 0

 

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 14 September 2021

ii)    Site Plan received 14 September 2021

iii)    Information (Google Map) received 14 September 2021

iv)   Response to Planning Questions received 14 December 2021

v)    Pre-development Arboricultural Report received 25 January 2022

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

 

Before the Development is Commenced

3.    Before any development is commenced on the site, including site works of any description, a protective fence in accordance with Fig. 2 in B.S. 5837: 2012 shall be erected around the trees and hedges to be retained at the extent of the Root Protection Area as calculated using the formula set out in B.S. 5837. Within the areas fenced off no fires shall be lit, the existing ground level shall be neither raised nor lowered, and no materials, temporary buildings or surplus soil of any kind shall be placed or stored thereon. The fence shall thereafter be retained at all times during construction works on the site.

Reason: In order to ensure that adequate protection is afforded to all trees/hedges to be retained on site, in support of Policies DEV5, ENV1 and ENV2 of the Eden District Local Plan 2014-2032. 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 could result in unacceptable harm contrary to the policies of the Development Plan.

 

Pre-Occupancy or Other Stage Conditions

4.    The replacement sections of hedgerow to be provided adjacent the new car park, as identified in green on Drawing ref. AH/AIA/181121 ‘Pre-development Arboricultural Report’ (Revised version received 25 January 2022) shall be planted in strict accordance with a detailed scheme that has first been submitted to and approved in writing by the local planning authority. The scheme shall be approved by the local planning authority before the car park is brought into use. The scheme shall include details of the following where relevant (this list is not exhaustive):

      new areas of planting plus planting densities

      new groups and individual specimen trees and shrubs to be planted

      specification/age/heights of trees and shrubs to be planted

      existing trees and shrubs to be retained or removed

      any tree surgery/management works proposed in relation to retained trees  ...  view the full minutes text for item Pla/148/02/22

Pla/149/02/22

Quarterly Planning Performance Report - 2021/22 Quarter 3 pdf icon PDF 265 KB

To consider Report No: DCE14/22 of the Assistant Director Development which seeks to provide Members with an overview of the ongoing performance of the Council’s Planning Development Management Service in relation to Key Performance Indicators and Planning Enforcement matters.

 

RECOMMENDED: That the report be noted.

Minutes:

At 12:01 Councillor Chambers left the meeting

 

Members considered Report No: DCE14/22 of the Assistant Director Development which sought to provide Members with an overview of the ongoing performance of the Council’s Planning Development Management Service in relation to Key Performance Indicators and Planning Enforcement matters.

 

During discussion on the report, a number of points were raised by Members. Members mentioned planning enforcement, and queried the link between enforcement and enforcement prosecutions, and that prosecution figures should be included in the report. The Senior Solicitor expressed that enforcement action is related to expediency, and that enforcement has a number of different routes. For instance minor enforcement issues may not require legal action, and may just be a matter of negotiation, and as such it wouldn’t be transparent to just focus on prosecutions. Members also expressed that the report should show outcomes in relation to enforcement cases. The Planning Services Development Manager also reiterated that enforcement also involves a degree of negotiation, and may not result in a prosecution. Members also expressed that they would like to see the type of notices that had been issued in relation to enforcement, and the number that had been complied with in the report.

 

At 12:12 Councillor Lynch left the meeting.

 

and RESOLVED that the report be noted.  

Pla/150/02/22

Confirmation of Site Visits (if any)

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

Minutes:

A Site Visit on Application 21/0533 was confirmed as taking place on the 3March 2022.

Pla/151/02/22

Any Other Items which the Chairman decides are urgent

Minutes:

There were no other items which the Chairman felt were urgent.

Pla/152/02/22

Date of Next Meeting

The date of the next scheduled meeting be confirmed as 17 March 2022

Minutes:

The date of the next meeting was confirmed as the 17 March 2022