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Agenda and minutes

Venue: Council Chamber, Town Hall, Penrith

Contact: Members Services  01768 817 817

Items
No. Item

Pla/57/08/17

Apologies for Absence

Minutes:

Apologies for absence were received from Councillor Clark, Councillor Smith attended as a substitute.

Pla/58/08/17

Minutes

To sign the minutes Pla/34/7/17 to Pla/56/7/17 of the meeting of this Committee held on 20 July 2017 as a correct record of those proceedings (copies previously circulated).

Minutes:

RESOLVED that the public minutes Pla/34/7/17 to Pla/56/7/17 of the meeting of this Committee held on 20 July 2017 be confirmed and signed by the Chairman as a correct record of those proceedings.

Pla/59/08/17

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:

The following declarations of interest were made;

 

1.         Councillor Sawrey-Cookson gave a personal explanation in respect of planning application number 17/0334 stating that they had met the applicant.

 

2.         Councillor Kendall gave a personal explanation in respect of planning application number 16/0224 stating that they had spoken to local residents regarding the application, but had not expressed an opinion in favour or against.

Pla/60/08/17

Planning Issues pdf icon PDF 37 KB

To note the attached lists of the Deputy Chief Executive.

a)    Applications determined under office delegated powers for the month of July 2017

b)    Reasons for refusal on delegated decisions for the month of July 2017

Additional documents:

Minutes:

RESOLVED that the attached lists of the Assistant Director Technical Services:

a)    Applications determined under office delegated powers for the month of July 2017 (attached as appendix 1 to these minutes)

b)    Reasons for refusal on delegated decisions for the month of July 2017 (attached as appendix 2 to these minutes)

Pla/61/08/17

Planning Issues - Applications for Debate (Green Papers) pdf icon PDF 3 MB

a)    To consider the reports of the Deputy Chief Executive on the following applications:

 

Item No

Application Details

Officer Recommendation

Page Number

1

Planning Application No: 17/0432

Outline application for residential development, all matters reserved.

 

Land opposite Ivy House, Ousby

Mr Boulton

Recommended to:

APPROVE
Subject to Conditions

21

2

Planning Application No: 17/0334

Residential development with all matters reserved.

 

Land SE of Templars Court, Temple Sowerby

Mrs Stephenson

Recommended to:

APPROVE
Subject to Conditions

37

3

Planning Application No: 17/0351

Outline application for the erection of a dwelling with all matters reserved.

 

Land at Townhead, Lamonby

Mr Brown

Recommended to:

REFUSE
With Reasons

57

4

Planning Application No: 16/1029

Outline application for residential development of 51 dwellings with all matters reserved.

 

White Ox Farm, Inglewood Road, Penrith

Other Whitehead and Buckle

Recommended to:

APPROVE
Subject to Conditions

65

5

Planning Application No: 17/0540

Outline application for residential development, all matters reserved.

 

Land to rear (north) of Thorn Lodge, Stainton

Burnetts

Recommended to:

APPROVE
Subject to Conditions

87

6

Planning Application No: 16/0224

Residential development 13 houses

 

Land off Croglam Park, Rowgate, Kirkby Stephen

JIW Properties Limited

Recommended to:

APPROVE
Subject to Conditions

101

7

Planning Application No: 17/0464

Proposed two storey office building (B1) with ancillaryuses, associated car parking, infrastructure and landscaping.

 

Tebay Caravan Park, Orton, Penrith

The Westmorland Family

Recommended to:

APPROVE
Subject to Conditions

120

8

Planning Application No: 17/0493

Notification for Prior Approval for a Proposed Change of Use of an Agricultural Building to 2 No Dwellings.

 

Coupland Beck Barn, Appleby

Mr W Patterson

Recommended to:

APPROVE
Subject to Conditions

134

 

Minutes:

The Committee was advised of the applications requiring a decision by Members as detailed in a report of the Assistant Director Technical Services.

 

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 Deputy Chief Executive 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.

 

The Chairman informed Members that Planning Application Number 17/0493 had been withdrawn from consideration at this meeting, and resolved under delegated powers.

Pla/62/08/17

Planning Application No: 17/0432 Outline Application for residential development, all matters reserved, land opposite Ivy House Ousby

Minutes:

The committee received a presentation from Ms S Whitehead, a local resident, objecting to the application

 

The committee received a presentation from Mr P Neary, a local resident, objecting to the application

 

The committee received a presentation from Parish Councillor S Castle-Clarke, representing Ousby Parish Council, objecting to the application

 

Moved by Councillor Sawrey-Cookson

Seconded by Councillor Eyles

 

That the application be deferred for a site visit to allow Members to gain more information about the site.

 

Councillor Eyles subsequently withdrew their second for the motion, to allow the committee to hear from the applicant’s agent, and another seconder could not be found and so the motion fell.

 

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

 

Moved by Councillor Sawrey-Cookson

Seconded by Councillor Eyles

 

That the application be deferred for a site visit to allow Members to gain more information about the site.

 

A vote was taken and there were;

 

For the motion – 5

Against the motion – 6

 

The motion was therefore LOST

 

Moved by Councillor Smith

Seconded by Councillor Chambers

 

That the application for outline planning permission be approved

 

A vote was taken and there were;

 

For the motion – 5

Against the motion – 6

 

The motion was therefore LOST

 

Moved by Councillor Sawrey-Cookson

Seconded by Councillor Eyles

 

That the application be refused.

 

A vote was taken and there were;

 

For the motion – 7

Against the motion – 4

 

and RESOLVED that the application be REFUSED as contrary to Core Strategy policies CS1, CS3, CS8 and CS16.

 

The meeting adjourned at 11.00am

The meeting reconvened at 11.10am

Pla/63/08/17

Planning Application No 17/0334 Residential development with all matters reserved, land south-east of Templars Court, Temple Sowerby

Minutes:

Moved by Councillor Patterson

Seconded by Councillor Chambers

 

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

 

Time Limit for Commencement

 

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.

 

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.

 

Approved Plans

 

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

 

i) Location Plan 049.101 dated 20 November 2016

ii) Block Plan 049.100 dated 20 November 2016

iii) Drainage Proposal - Pond Drawing Ref 17-C-14638/I Rev A submitted by email 18/7/17 (In respect of drainage only)

 

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

 

4.         The development shall comprise a maximum of five dwellings.

 

Reason: To prevent the overdevelopment of the site and to preserve the character of the Conservation Area.

 

Before the Development is Commenced

 

5.         Prior to the commencement of development, full details for how foul and surface water shall be drained on a separate system shall be submitted to the local planning authority and approved in writing. The development shall be completed in accordance with the approved details.

 

Reason: In order to ensure a satisfactory drainage system for the site. 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.

 

6.         Prior to the commencement of development, a scheme for surface water and foul water drainage (informed by consultation with the Water Authority and inclusive of how the scheme shall be maintained and managed after completion) shall be submitted to and approved in writing by the Local Planning Authority. No part of the development shall be occupied until the drainage scheme has been constructed in accordance with the approved details. The development shall be completed, maintained and managed in accordance with the approved details.

 

Reason: In order to ensure a satisfactory drainage system for the site. 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.

 

7.         The reserved matters application shall include details showing provisions within each dwelling site for parking provision in accordance with Cumbria Parking Standards. The approved parking areas shall be constructed before the associated dwelling is occupied and shall be  ...  view the full minutes text for item Pla/63/08/17

Pla/64/08/17

Planning Application No 17/0351 Outline application for the erection of a dwelling with all matters reserved, land at Townhead, Lamonby

Minutes:

Moved by Councillor Eyles

Seconded by Councillor Sealby

 

that application be approved.

 

Councillor Sealby subsequently withdrew their second for the motion following which Councillor Lynch seconded the motion.

 

A vote was taken and the motion was LOST

 

Moved by Councillor Patterson

Seconded by Councillor Chambers

 

and RESOLVED that planning permission be REFUSED for the following reasons:

 

1.         the application proposes a new house in an unsustainable location in the open countryside, outside of a Key or Local Service Centre. The site is which is poorly related to the nearest settlement and remote from local services without a demonstrated need contrary to Core Strategy policies CS1, CS2, CS3, CS7 and CS9 and also part 6 of the NPPF.

Pla/65/08/17

Planning Application No 16/1029 Outline application for residential development of 51 dwellings with all matters reserved, White Ox Farm, Inglewood Road, Penrith

Minutes:

Councillor Holden asked that it be noted that the Committee had concerns regarding construction traffic accessing the site in view of the number of other site under development in the area. They also asked that all those involved in the application including the Council, the developer and Cumbria County Council work together to reduce the impact of increased construction traffic on local residents and that a co-ordinated approach be taken in relation to the installation of utility services on the site to reduce disruption to road users.

 

In addition Councillor Eyles asked that it be noted that the experiences of delivering other large residential developments in Penrith be used to ensure that the impact of this development was minimal.

 

Moved by Councillor Lynch

Seconded by Councillor Patterson

 

And RESOLVED that delegated power be given to the Assistant Director Technical Services to grant planning permission subject to a Section106 Agreement being entered into to the absolute satisfaction of the Deputy Chief Executive and the Assistant Director Technical Services requiring the provision of 30% affordable Houses; and financial contributions comprising:

  • A financial contribution in relation to education; and
  • A financial contribution to a Toucan crossing.

 

and the Council’s reasonable costs being paid in relation to that Section 106 Agreement and 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.

 

2.         An 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.

 

Prior to commencement

 

3.         Prior to the commencement of the development, the carriageway, footways, footpaths, cycleways etc shall be designed, constructed, drained and lit to a standard suitable for adoption. Details shall be submitted to the Local Planning Authority for written approval and should include longitudinal/cross sections. No work shall be commenced until a full specification has been approved. These details shall be in accordance with the standards laid down in the current Cumbria Design Guide. Any works so approved shall be constructed before the development is complete. Once approved, these details shall be adhered to at all times.

 

Reason: To ensure a minimum standard of construction in the interests of highway safety. 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.

 

4.         The development shall not commence until visibility splays providing clear visibility of 43 metres and 215 metres measured 2.4metres down the centre of the  ...  view the full minutes text for item Pla/65/08/17

Pla/66/08/17

Planning Application No 17/0540 Outline application for residential development, all matters reerved, land to rear (north) of Thorn Lodge, Stainton

Minutes:

The committee received a presentation from Mr C Chapman, a local resident, objecting to the application

 

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

 

Moved by Councillor Chambers

Seconded by Councillor Patterson

 

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

 

Time Limit for Commencement

 

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.

 

2.         The approval of the details of the scale, layout, external appearance of the buildings, drainage and the landscaping/boundary treatments 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.

 

3.         An 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.

 

Approved Plans

 

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

 

·         Application Form dated 26 June 2017, received 29 June 2017;

·         Location/Block Plan, received 28 June 2017.

 

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

 

Prior to Commencement

 

5.         No development shall commence until a surface water drainage scheme and management plan, 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) has been submitted to and approved in writing by the Local Planning Authority.

 

The surface water drainage scheme must be in-compliance 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.

 

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

 

6.         No development shall commence until detailed drawing showing the development and means of access thereto have been submitted to and approved in writing by the Local Planning Authority. Thereafter, the approved access details shall be completed in accordance with the approved plans before the development is occupied.

 

Reason: In the interests of highway safety

 

7.         No development shall commence until a plan has been submitted to and approved in writing by the Local Planning Authority reserving adequate land for the parking of vehicles engaged in construction operations associated with the development hereby approved, and that land, including vehicular access shall be used for or kept clear  ...  view the full minutes text for item Pla/66/08/17

Pla/67/08/17

Planning Application No 16/0224 Residential Development of 13 houses, Land off Croglam Park, Rowgate, Kirkby Stephen

Minutes:

Moved by Councillor Chambers

Seconded by Councillor Lynch

 

and RESOLVED that delegated power be given to the Assistant Director Technical Services to grant planning permission subject to a Section106 Agreement being entered into to the absolute satisfaction of the Deputy Chief Executive and the Assistant Director Technical Services requiring the provision of 30% affordable Houses; and the Council’s reasonable costs being paid in relation to that Section 106 Agreement and 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 dated 07 March 2016;

ii)         Planning Statement (incl. Design, Heritage and Access Statement) dated March 2016;

iii)         Existing site plan;

iv)        Site Location Plan;

v)         Proposed Site Plan (ref. 109-145-12 - Rev. H) dated 29 March 2017;

vi)        Proposed Handed House Plans and Sections (ref 109-145-14 - Rev. A) dated 07 June 2016):

vii)       Proposed House Plans and Elevations ref 109-145-13 - Rev. B) dated 07 June 2016;

 

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 the development the applicant shall submit a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Local Planning Authority.

 

This written scheme will include the following components:

i)              An archaeological evaluation;

ii)             An archaeological recording programme the scope of which will be dependent upon the results of the evaluation;

iii)            Where significant archaeological remains are revealed by the programme of archaeological work, a post-excavation assessment and analysis, preparation of a site archive ready for deposition at a store approved by the Local Planning Authority, completion of an archive report, and submission of the results for publication in a suitable journal.

 

Once approved the plans shall be adhered to at all times.

 

Reason: To afford reasonable opportunity for an examination to be made to determine the existence of any remains of archaeological interest within the site and for the preservation, examination or recording of such remains. 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.

 

4.         Prior to the commencement of the development, details of the tree protection measures that will be employed during the construction phase shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall then be adhered to at all times.

 

Reason: To ensure existing trees on site  ...  view the full minutes text for item Pla/67/08/17

Pla/68/08/17

Planning Application No 17/0464 Proposed two storey office building (B1) with ancillary use, associated car parking, infrastructure and landscaping

Minutes:

Moved by Councillor Armstrong

Seconded by Councillor Lynch

 

And RESOLVED that planning permission be 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 in accordance with the documents and drawings hereby approved:

 

    Site Location Plan Proposed - Drawing No A-L-002 Rev I;

    Proposed Site Plan - Drawing No A-L-004 Rev D;

    Site Location Plan Proposed Levels - Drawing No A-L-006 Rev D;

    Plans - Drawing No A-L-100 Rev E;

    Elevations - Drawing No A-L-200 Rev D;

    Elevations - Drawing No. A-L-201 RevD;

    Sections - Drawing No A-L-300 Rev C;

    Site Sections - Drawing No A-L-301 Rev C;

    Landscape Structure Plan - 626THO_08F;

    Indicative Drainage Strategy - WHO-BWB-HDG-XXX-DR-CD-0001 S2 P6;

    Access Arrangements & Amendments to Parking Layout - Drawing No WHO-BWB-GEN-XX-DR-TR-100 SR P8.

 

Prior to commencement

 

3.    No development shall commence until a construction surface water management plan has been agreed in writing with the local planning authority.

 

Reason: To safeguard against flooding to surrounding sites and to safeguard against pollution of the watercourse running through the site.

 

Pre-Occupancy or Other Stage Conditions

 

4.    Any proposed building services plant shall be assessed in noise terms by a competent noise consultant and reported to the Local Planning Authority for written approval.

 

Reason: To ensure the hereby approved development

 

5.    Prior to occupancy of the hereby approved development details of future maintenance and operation of the proposed surface water system shall be submitted to the Local Planning Authority for written approval. Once approved the details shall be adhered to at all times.

 

Reason: To ensure the surface water system continues to function as designed

 

Informatives:

 

1.    In accordance with the National Planning Policy Framework (NPPF) and the National Planning Practice Guidance (NPPG), the site should be drained on a separate system with foul water draining to the public sewer and surface water draining in the most sustainable way.

 

The NPPG clearly outlines the hierarchy to be investigated by the developer when considering a surface water drainage strategy. We would ask the developer to consider the following drainage options in the following order of priority:

 

1.   into the ground (infiltration);

2.   to a surface water body;

3.   to a surface water sewer, highway drain, or another drainage system;

4.   to a combined sewer.

 

2.    The level of cover to the water mains and sewers must not be compromised either during or after construction.

 

3.    A separate metered supply to each unit will be required at the applicant's expense and all internal pipe work must comply with current water supply (water fittings) regulations 1999. Should this planning application be approved, the applicant should contact United Utilities on 03456 723 723  ...  view the full minutes text for item Pla/68/08/17

Pla/69/08/17

Confirmation of Site Visits (if any)

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

Minutes:

There were no site visits confirmed at this meeting.

Pla/70/08/17

Any Other Items which the Chairman decides are urgent

Minutes:

There were no items of urgent business raised at this meeting.

Pla/71/08/17

Date of Next Meeting

The date of the next scheduled meeting of the Committee is 14 September 2017.

Minutes:

The date of the next scheduled meeting of the Committee was confirmed as 14 September 2017.