Agenda and minutes
Venue: Council Chamber, Town Hall, Penrith
Contact: Members Services 01768 817 817
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Apologies for Absence Minutes: Apologies for absence were received from Councillor Clark, Councillor Eyles, Councillor Lynch, Councillor Patterson, Councillor Lancaster attended as substitute, Councillor Ross, Councillor Sawrey-Cookson, and Councillor Thompson.
The Solicitor advised that, in light of the Corona Virus outbreak, Eden District Council had effected measures to protect members of the public, elected Members and staff. The Committee had been reduced to 6 to remain quorate and provide political balance.
The Planning Services Development Manager advised that, to minimise the spread of the virus, in line with national guidance, all those registered to speak had been contacted and invited to submit written representations should they wish to do so. All representations received prior to the meeting had been circulated and would be read out at the appropriate time.
A request had been received to hear Planning Application 19/0724 as the first application for debate and the Chairman had agreed to this. |
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Minutes To sign the minutes:
1) Pla/125/02/20 to Pla/138/02/20 of the meeting of this Committee held on 13 February 2020; and
2) Pla/139/02/20 to Pla/144/02/20 of the site visit meeting of this Committee held on 27 February 2020
as a correct record of those proceedings (copies previously circulated).
Minutes: RESOLVED that:
1. the public minutes Pla/125/02/20 to Pla/138/02/20 of the meeting of this Committee held on 13 February 2020; and
2. Pla/139/02/20 to Pla/144/02/20 of the site visit meeting of this Committee held on 27 February 2020
be confirmed and signed by the Chairman as a correct record of those proceedings. |
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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 Lancaster gave a personal explanation with regard to Planning Applications 19/0724 and 19/0696 as she was the Ward Councillor for both of these items. She intended to speak with regard to these items in her capacity as Town Councillor (from the speakers table), but would not take part in any debate or vote on these applications. She would remain in the room for the duration of the meeting.
Councillor Wicks gave a personal explanation with regard to Planning Application 19/0923 in that the applicants were known to her. She confirmed that this was a non-prejudicial interest and that she came to committee with an open mind on the application.
All Members had been lobbied by an objector in respect of Planning Application 19/0708. |
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Appeal Decision Letters PDF 161 KB To receive report PP13/20 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 PP13/20 of the Assistant Director Planning and Economic Development which detailed decision letters received since the last meeting.
RESOLVED that the report be noted.
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To note the attached lists of the Assistant Director Planning and Economic Development. a) Applications determined under office delegated powers for the month of February 2020 b) Reasons for refusal on delegated decisions for the month of February 2020 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 February 2020 b) Reasons for refusal on delegated decisions for the month of February 2020 |
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Planning Issues - Applications for Debate (Green Papers) PDF 2 MB To consider the reports of the Assistant Director Planning and Economic Development on the following applications:
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 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.
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Planning Application No: 19/0829, Creation of new access, Fernwood, Edenhall Minutes: The Committee received a presentation from Mr J Corbishley, from Langwathby Parish Council, in objection to the application.
The Planning Services Development Manager read a representation from Mr C Harrison, an agent, in support of the application.
Proposed by Councillor Wicks Seconded by Councillor Holden
and RESOLVED that planning permission was 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 dated 10 October 2019 ii) Site Location Plan (19/060 LP) received 18 November 2019 iii) Proposed Access (19/0060/002) received 18 October 2019 iv) Visibility Splays (19/0060/PP1) received 18 November 2019 v) Tree Survey (0033) dated 21 January 2020
Reason: To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.
Prior to First Use
3. Prior to first use of the hereby approved access, a scheme of hard and soft landscaping shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented so that planting is carried out no later than the first planting season following the occupation of the building(s). All planted materials shall be maintained for five years and any trees or plants removed, dying, being damaged or becoming diseased within that period shall be replaced in the next planting season with others of similar size and species to those originally required to be planted.
Reason: To ensure there is no loss in biodiversity.
Ongoing
4. 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. |
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Planning Application No: 19/0566, Retention of Existing Free Range Egg Laying Unit and Associated Infrastructure, Land North-East of High Meadow Farm, Marton Moor Minutes: This item was withdrawn prior to the start of the meeting. |
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Planning Application No: 19/0708, Retrospective application for change of use of land to domestic, mitigation works carried out to the schedule ancient monument site, move existing gate to lane boundary and erect stone wall either side to boundary edge and restoration of stone building, Land west of Castle Farm, Hardendale Minutes: The Planning Services Development Manager advised that written representations had been received from and objector and the agent. The objector had requested a site visit.
Proposed by Councillor Chambers Seconded by Councillor Simpkins
and RESOLVED that a site visit be undertaken regarding this application at a date to be agreed. |
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Planning Application No: 19/0923, Erection of building for ancillary uses associated with Heather Glen Country Hotel, including staff and management accommodation and ancillary storage, Land adjacent to the Heather Glen Country House Hotel, Ainstable Minutes: The Committee received a presentation from Mr P Tunstall, an agent, in support of the application.
The Committee received a presentation from Councillor M Robinson, the Ward Councillor and representative for Ainstable Parish Council, in support of the application.
Proposed by Councillor Holden Seconded by Councillor Lancaster
and RESOLVED that planning permission was GRANTED, with delegated powers be given to the Assistant Director Planning and Economic Development to agree conditions, on the grounds that the development would support an existing and established rural business and the local economy. |
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Planning Application No: 19/0790, Extensions and alterations to dwelling, The Lodge, Temple Sowerby Minutes: The Planning Services Development Manager read a representation from Temple Sowerby Parish Council in objection to the application.
Proposed by Councillor Lancaster Seconded by Councillor Wicks
and RESOLVED that It is recommended that planning permission was GRANTED subject to the following conditions:
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.
2. The development hereby granted shall be carried out strictly in accordance with the application form and following details and plans hereby approved: · Site Location plan ref L5/19/3007 dated Sept 2019 · Proposed Ground Floor Plan ref L2/19/2307 date-stamped 6/1/2020 · Proposed First Floor / Sections Plan ref L3/19/2407 date-stamped 6/1/2020 · Proposed Elevations ref L4/19/2507 dated 7/1/2020
Reason: To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.
3. Samples of the materials to be used for the external surfaces of the development shall be submitted to and approved in writing by the Local Planning Authority prior to their first use on site. Development shall be carried out in accordance with the approved details.
Reason: To ensure that the materials harmonise with the surroundings. The condition is considered necessary to be complied with prior to construction 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.
Councillor Lancaster moved to the public area at 11.10am |
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Planning Application No: 19/0724, Change of use of workshop into two holiday apartments and associated alterations, The Band Room, Black Bull Yard, Market Street, Kirkby Stephen, CA17 4QW Minutes: The Committee received a presentation from Councillor Lancaster, on behalf of Kirkby Stephen Town Council, in objection to the application.
The Planning Services Development Manager read a representation from Mr P Davenport, the applicant, in support of the application.
Proposed by Councillor Wicks Seconded by Councillor Chambers
and Resolved that planning permission was GRANTED subject to the following conditions/for the following reasons:
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 by the Local Planning Authority on 1 October 2019. ii. Location Plan received by the Local Planning Authority on 1 October 2019. iii. Site Plan, Drawing Number: 1/15 received by the Local Planning Authority on 1 October 2019. iv. Proposed North Elevation, Drawing Number: 7/15 B received by the Local Planning Authority on 22 November 2019. v. Proposed South Elevation, Drawing Number: 9/15 received by the Local Planning Authority on 22 November 2019. vi. Block Plan, Drawing Number: 2/15 received by the Local Planning Authority on 1 October 2019. vii. Proposed Ground Floor, Drawing Number: 6/15 received by the Local Planning Authority on 1 October 2019. viii. Proposed First Floor, Drawing Number: 4/15 received by the Local Planning Authority on 1 October 2019. ix. Proposed West Elevation, Drawing Number: 11/15 received by the Local Planning Authority on 1 October 2019. x. Proposed East Elevation, Drawing Number: 13/15 received by the Local Planning Authority on 1 October 2019. xi. Proposed Cross Section, Drawing Number: 15/15 received by the Local Planning Authority on 1 October 2019. xii. Grant UK Aerona3 R32 Heat Pump Range Specification relating to HPID10R32. xiii. Heritage Assessment received by the Local Planning Authority on 22 November 2019.
Reason: To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.
Ongoing Conditions
3. The development hereby approved shall be used for holiday use only and should not be used as a sole or principle residence by any person.
Reason: To ensure that the holiday lets are occupied as holiday accommodation only and not used for unauthorised permanent residential occupation.
Councillor Lancaster returned to the Committee at 11.37am
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Planning Application No: 19/0875, Conversion of barn to create three dwellings, Barn at High Galligill, Nenthead Minutes: The committee received a presentation from Mr D Addis, an agent, in support of the application.
Proposed by Councillor Wicks Seconded by Councillor Lancaster
and RESOLVED that planning permission was 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 dated 6 December 2019 ii) Bat Survey received 6 December 2019 iii) Site Location Plan (119-121-01) received 6 December 2019 v) Proposed Plans and Elevations (2) (119-121-05 A) received 6 December 2019 v) Proposed Plans and Elevations (119-121-04 A) received 6 December 2019 vi) Proposed Plans and Elevations (119-121-04 A) received 6 December 2019 vii) Visibility Splays (119-121-06 G) received 19 February 2019
Reason: To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.
Prior to Commencement
3. Prior to the commencement of development, full details of the proposed package treatment plant shall be submitted to and agreed in writing by the Local Planning Authority. The development shall then be completed in accordance with the approved details.
Reason: To prevent the risk of pollution of land and watercourses and to prevent harm to protected species.
4. Notwithstanding the submitted plans, prior to the commencement of any development, a surface water drainage scheme informed by evidence of an assessment of the site conditions 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 and unless otherwise agreed in writing by the Local Planning Authority, no surface water shall discharge to the public sewerage system either directly or indirectly. The development shall then be completed in accordance with the approved details.
Reason: To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution. The condition is considered necessary to be complied with pre-commencement 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.
Ongoing Conditions
5. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking, re-enacting or modifying that Order with or without modification), no development permitted by Part 1, Schedule 2 to the Order shall be carried out.
Reason: In order to preserve the character of the area.
6. The hereby approved development shall only be constructed during the following times – Monday to Friday – 08.00 – 17.00 Saturday – 08.30 – 12.00 No construction works are permitted during Sundays, Bank and Public Holidays.
Reason: In the ... view the full minutes text for item Pla/157/03/20 |
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Planning Application No: 19/0696, Reserved matters application for access, appearance, layout, scale, design and landscaping in relation to planning permission ref. 17/0922 for residential development, Land off Kirkby Stephen Grammar School, Kirkby Stephen Minutes: The Committee received a presentation from Councillor Lancaster, on behalf of Kirkby Stephen Town Council, in objection to the application.
The Planning Services Development Manager read a representation from Mr C Cadwallander, the applicant, in support of the application.
Proposed by Councillor Holden Seconded by Councillor Simpkins
and RESOLVED that Planning Permission was granted subject to the following conditions:
Time Limit for Commencement
1. The development permitted shall be begun before the expiration of two 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 strictly in accordance with the application form dated 20 September 2019 and the following details and plans hereby approved;
i. Location Plan, ref. 18071-LP, dated Sept 2019; ii. Design and Access Statement, ref. 18071-DA v 1.0, dated September 2019; iii. Proposed Site Plan, ref. 18071-SP-102 Rev. E, dated 12 November 2019; iv. Acoustic Survey, ref. R1441-T01B-PB, dated 12 February 2018; v. Technical Note, ref. R1441-T01-SJW, dated 8 January 2018; vi. Technical Note, ref. R1441-T01C-PB, dated 19 March 2018; vii. Environmental Noise Study, ref. R1441-REP01-JR, dated 14 November 2017; viii. viii. Proposed Site Plan – Acoustic Fence, ref. 10871-SP-104-A Rev. A, dated Jan 2020; ix. Existing Ground Level Site Survey, ref. 18071 – EcGL Survey – 101, dated August 2019; x. Speed Survey and Assessment of Site Access, ref. A3614, dated 15 February 2018; xi. Phase 1 Site Investigation Report, ref. 4494/R01/1, dated 8 May 2019; xii. House Type 3A, ref. 18071-3A-104-A, dated 27 September 2019; xiii. House Type 4A, ref. 18071-4A-105-A, dated 26 September 2019; xiv. House Type 2A, ref. 18071-2A-103-A Rev. A, dated Jan 2020; xv. House Type 4B, ref. 18071-4B-106-A, dated 26 September 2019; xvi. House Type 4C, ref. 18071-4C-107-A, dated 27 September 2019; xvii. House Type 4D, ref. 18071-4D-108-A, dated 26 September 2019.
Reason: To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the approved details.
Prior to commencement
3. The development shall not commence until visibility splays as shown within the Speed Survey, ref. A3614, dated 15 February 2018. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order) relating to permitted development, no structure, vehicle or object of any kind shall be erected, parked or placed and no trees, bushes or other plants shall be planted or be permitted to grown within the visibility splay which obstruct the visibility splays. The visibility splays shall be constructed before the development of the hereby approved dwellings so that construction traffic is safeguarded.
Reason: In the interests of highway safety.
4. The hereby approved development shall not be commenced until the access has been formed with 6metre radius kerbs, to give a minimum carriageway width of 4.8metres, and that part of the access road extending 15metres into the ... view the full minutes text for item Pla/158/03/20 |
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Planning Application No: 19/0021, Variation of condition No 5 (Accommodation Use) from guesthouse/holiday establishment to residential use attached to approval 04/0033, 2 Primrose Court, Tebay CA10 3TR Minutes: Proposed by Councillor Lancaster Seconded by Councillor Wicks
and RESOLVED that planning permission was 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 and supporting detail as received by the Local Planning Authority on the 13 January 2020. ii) Site Location Plan Ref No 1 as dated received by the Local Planning Authority on the 13 November 2019, and iii) Proposed Plan, Drawing No 03.37/P/03 as dated received by the Local Planning Authority on the 13 January 2020.
Reason: To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission. |
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Planning Application No: 19/0713, Conversion of stone bank barn, reconstruction of stone byre to rear and re-modelling modern cow byre to form a dwelling, Town Head Farm, Kirkland Road, Skirwith Minutes: The Planning Services Development Manager read a representation from Mr T Ellis, an agent, in support of the application.
Proposed by Councillor Simpkins Seconded by Councillor Holden
and RESOLVED that planning permission was granted subject to the following conditions:
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.
2. The development hereby granted shall be carried out strictly in accordance with the application form and following details and plans hereby approved: · Site Location plan ref p2buk/320778/436095 dated 18 Feb 2019 · Block Plan ref THFB/0618/05 dated October 2019 · Plans and Section as proposed ref THFB/0618/03 Rev D dated November 2019 · Elevations as proposed ref THFB/0618/04 Rev D dated November 2019 · Design and Heritage Statement Rev C date-stamped 29 Jan 2020 · Bat Survey from Flight Ecology ref Q101-D02 dated July 2019
Reason: To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.
Prior to Construction
3. Prior to any other development commencing, 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 shall be submitted to and agreed in writing with the Local Planning Authority. The scheme shall include a plan which demonstrates how the development will achieve a neutral or positive impact in permeability of surface water drainage. The approved surface water drainage scheme shall then be implemented in full before the occupation of the development. 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.
Reason: To promote sustainable development, secure proper drainage and to manage the risk of flooding. The condition is considered necessary to be complied with prior to development 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.
4. The alterations to the building permitted, shall be executed wherever possible by re-using existing materials or similar second-hand materials or, if necessary, new materials to match the existing building. Samples of the materials to be used shall be submitted to and approved by the Local Planning Authority in writing prior to their first use on site. Development shall be carried out in accordance with the approved details.
Reason: To ensure that the materials harmonise with the surroundings. The condition is considered necessary to be complied with prior to construction 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.
5. Before any other operations, the temporary vehicular access through the stone wall to the east of Town Head Farmhouse shall be created in accordance with Block Plan ref ... view the full minutes text for item Pla/160/03/20 |
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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 a date for the next site visit would be confirmed at a later date. |
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Any Other Items which the Chairman decides are urgent Minutes: There were no items which the Chairman felt was urgent. |
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Date of Next Meeting The date of the next scheduled meeting be confirmed as 16 April 2020. Minutes: The date of the next scheduled meeting was confirmed as 16 April 2020. |
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