Agenda and draft minutes

No apologies for absence were received.

To sign the minutes Pla/42/10/22 to Pla/54/10/22 of the meeting of this Committee held on 20 October 2022.

Proposed by Councillor Ross

Seconded by Councillor Eyles

and RESOLVED that the public minutes Pla/42/10/22 to Pla/54/10/22 of the meeting of this Committee held  20 October 2022 be confirmed and signed by the Chairman as a correct record of those proceedings.

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.

Councillor Holden declared an interest in Planning Application No: 22/0610 as it was in her ward, she’d had discussions with officers concerning the site to ascertain what was happening in that site. This did not predetermine her view.

Councillor Holden also declared an interest on Planning Application No: 22/0623 in that she was the Town Councillor for the Carleton area.

Councillor Ross declared on Planning Application No: 22/0623 that she was the Ward Councillor for this area, she had received representations on this development site but nothing specific to this application.

Councillor Patterson declared on Planning Application No: 22/0473 that the Applicant was known to him, however he had no pecuniary interests in this item.

To receive report DCE53/22 from the Assistant Director Development which is attached and which lists decision letters from the Planning Inspectorate received since the last meeting:

Members considered report DCE53/22 of the Assistant Director Development which detailed decision letters received since the last meeting.

RESOLVED that the report be noted.

To note the attached lists of the Assistant Director Development.

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

b)    Reasons for refusal and requirement of prior approval on delegated decisions for the month of October 2022

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

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

b)     Reasons for refusal on delegated decisions for the month of October 2022.

Members noted that several applications had been refused. They queried what happens next in relation to these applications. A specific example of this was given in regards to Application No: 22/0363.

The Interim Planning Services Development Manager responded that the applicant is  given an opportunity to put the materials right. Enforcement action is another option.

A Member noted that in relation to Application 22/0602 this had come to committee as a D2 class but it is now a class E. They queried what the differences are between these two classes and if the officers need to provide a report for this type of change.

The Interim Planning Services Development Manager said she would provide a written response to this query.

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

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.

A Member raised the query that this development concerned an issue that was raised at the previous meeting on the current status of an s106 agreement.

The Assistant Director Legal and Democratic Services responded that a written response to this query had been circulated to Members. It was also stated that if Members need any more information on this an informal briefing can be organised if needed.

Proposed by Councillor Wicks

Seconded by Councillor Martin

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.        Site Plan as Amended 371/002/RevB dated 21/06/2022;

ii.       Type 1 Plans and Elevations 371_101 Received 31/03/2022;

iii.      Type 2 Plans and Elevations 371_201 Received 31/03/2022;

iv.      Type 3 Plans and Elevations 371_301 Received 31/03/2022;

v.       Type 4 Plans and Elevations 371_401 Received 31/03/2022;

vi.      Type 5 Plans and Elevations 371_501 Received 31/03/2022;

vii.     Proposed External Finishes 371_006 received 31/03/2022;

Drainage Design, ref. 19-157r002_C, dated 19 October 2019;

viii.     Proposed Foul and Surface water diversions for UU infrastructure, ref. 19-157-DWG001, Rev. A, dated August 2019;

ix.      Foul and Surface Water System – Northern, ref. 19-157-DWG004, Rev. D, dated August 2019;

x.       Foul and Surface Water System – Southern, ref. 19-157-DWG003, Rev. C, dated August 2019;

xi.      Overall Foul and Surface Water System, ref. 19-157-DWG002, Rev. B, dated August 2019;

xii.     Foul and Surface Water Drainage System – Annotated Northern Plan “Northern Outfall detail”, Rev. A, dated August 2019;

xiii.     Planting Plan 01 R.02 dated 22/06/2022.

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

Prior to commencement

2.      The development shall not commence until visibility splays providing clear visibility of 60 metres measured 2.4 metres down the centre of the access road on to the U3180 and 120 metres measured 2.4 metres down the centre of the access road onto the A6 and the nearside channel line of the major road have been provided at the junction of the access road with the county highway.

Reason: In the interests of highway safety.

Ongoing Conditions

3.      The development shall be completed in accordance with the approved hard and soft landscaping scheme Planting Plan 01 R02 dated 22/06/22 and the Plant Specification Schedule ref 02 dated 16.12.21 approved under discharge of condition reference 21/1067 with all planting undertaken within the first available planting season. Any trees or other plants which die or are removed within the first five years following the implementation of the approved scheme shall be replaced during the next planting season.

Reason: In the interests of protecting the visual character and appearance of the area.

4.      No demolition or construction works shall take place outside the hours of:

07:30-18:00 Monday to Friday;

08:30-13:00 Saturday; and

No Activity on Sundays or Bank Holidays

Reason: In the interests of the amenity of the area.

5.      Foul and Surface water shall be drained on separate systems.

Reason:  ...  view the full minutes text for item Pla/61/11/22

The Interim Planning Development Manager informed the meeting that there was a change on the list of conditions, at condition 2, the CGI impressions received 16 June 2022 should be removed from the list. 

Members received a presentation from Councillor Andrew Connell, Ward Councillor, in support of the application.

A Member noted that the objector who requested to speak in relation to this item was not present at the meeting and queried if this application would have been determined under delegated powers if there was not a request for an objector to present at the Committee.

The Interim Planning Services Development Manager responded that it would have been determined under delegated powers.

Members queried if at paragraph 8.3.2 that there was mention of maintaining a low carbon footprint through use of renewable technologies. It was queried what these technologies actually are.

The Interim Planning Services Manager responded that the applicants supporting statement suggested low carbon would be sought, and that there was nothing specific in the application.

Proposed by Councillor Sawrey-Cookson that Planning Permission be refused contrary LS1, DEV 5 and ENV 1 of the Local Plan.

The motion failed to find a seconder and therefore FELL.

Proposed by Councillor Wicks that the application be APPROVED, in line with the officer recommendation.

Seconded by Councillor Chambers

An amendment was proposed by Councillor Ross to add a condition to undertake a bat survey, and a remedial condition for work which is uncovered through that survey. It was agreed that this would be at the point of demolition.

Both the proposer and seconder agreed to the amendment.

Councillor Holden proposed a condition for a local occupancy clause to be inserted to ensure that when the property is sold it will go to local people.

This was not accepted by the proposer, as such the amendment fell.

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 16 June 2022

ii.         Location and Block Plan – Project No: 2063 – Drawing No: 012 received 16 June 2022

iii.         Proposed Property – Project No: 2063 – Drawing No: 010 received 16 June 2022

iv.        Proposed Agricultural Shed – Project No: 2063 – Drawing No: 011 received 16 June 2022

v.         Tree Survey – received 2 September 2022

vi.        Trees Layout Site Plan – received 20 September 2022

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

Before the Development is Commenced

Materials to be submitted

3.     Prior to commencement of any above ground works hereby approved, and notwithstanding  ...  view the full minutes text for item Pla/62/11/22

Members received a presentation from Abbie Regan, representative of the applicant, in support of the application.

Members commented that it was disappointing to see no representative from the Town Council speaking on the application.

Members queried in relation to the Town Council objections and the two conditions they wished to be added. It was queried if these two specific items relating to noise and disturbance and resident access to meetings could fall under any other pre-existing conditions.

The Planning Officer responded that as this is the Construction Method Statement (CMS) that the applicant proposed then if we discharge this condition then they are bound by their own inclusion of this information to follow through with these actions.

Members further queried the Town Council’s view that these conditions don’t go far enough.

The Planning Officer responded that the request for Eden District Council Officers meeting with the developer at a monthly meeting is an unrealistic expectation. What is proposed in the CMS in regards to contact and liaison is more than adequate.

In regards to noise and vibration this can be expected to be covered in this CMS, and does not need to pursued through any other avenue.

Members queried the 65 vehicles in and out a day and stated that they were concerned amount the traffic in and out of the site. They asked how long this would go on for and where this would be taken into consideration if not in the CMS

The Planning Officer responded that this report had been to Cumbria County Council as the highway safety specialist advisors. The amount of vehicles entering the site will peter out over time as the 65 vehicles in and out is in relation to the initial establishment of the site.

Members also queried the lighting on the site and asked if the lighting would be limited to construction hours. The applicant’s representative confirmed that this was the case.

Members also queried if the Ward Councillors will be kept abreast of the developments in relation to this development.

The Planning Officer responded that they would be happy to do this.

A Member queried if there could be a requirement that the 65 trucks come into the site from the top entrance, rather than through the town.

The Planning Officer responded that they would not be able to do that through this condition, as the CMS was in relation to the construction method on the site.

Proposed by Councillor Chambers

Seconded by Councillor Wicks

and RESOLVED that the Application is APPROVED and that confirmation is provided in a published Decision Letter to the applicant that the Condition (7 – Construction Method Statement ({“CMS”}) is discharged specifically with regard to the current information submitted, subject to compliance at all stages prior to and during development.

Members queried that as the proposal is located on a future growth site, what happens if the landowner does not want to sell it for housing.

The Planning Officer responded that it is the owner of the lands choice on what he wishes to do with the land.

Proposed by Councillor Eyles

Seconded by Councillor Holden

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 17 August 2022

            ii.     Site Location Plan received 17 August 2022

            iii.    Proposed Elevation and Block Plan received 17 August 2022

            iv.    Surface Water Drainage Plan received 26 September 2022

            v.     Design and Access Statement received 17 August 2022

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

Pre-occupancy or other stage conditions

3.         The access drive shall be surfaced in bituminous or cement bound materials, or otherwise bound and shall be constructed and completed before the development is brought into use. This surfacing shall extend for a distance of at least 5 metres inside the site, as measured from the carriageway edge of the adjacent highway.

            Reason: In the interests of highway safety.

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

There were no site visits confirmed at this meeting.

The Chair announced that it was the Interim Planning Service Development Manager’s last meeting with Eden District Council, he wished her well for the future.

Members queried what was happening in terms of filling the role, it was confirmed that recruitment was underway.

A Member queried a noise complaint he had received in relation to a gym. The Assistant Director Legal and Democratic Services stated that this would be a matter for environmental health.

The date of the next scheduled meeting be confirmed as 15 December 2022.

The date of the next scheduled meeting of Planning Committee was confirmed as being the 15 December 2022.