Agenda and draft minutes

Planning Committee - Thursday, 16th September, 2021 9.30 am

Venue: The Council Chamber, Town Hall, Penrith

Contact: Members Services  01768 817 817

Items
No. Item

Pla/57/09/21

Apologies for Absence

Minutes:

Apologies for absence were received from Councillor Simpkins, Councillor Harker attending as substitute, Councillor Holden, Councillor Barker attending as substitute, Councillor Chambers, Councillor Nicolson attending as substitute and Councillor Ross.

Pla/58/09/21

Minutes

To sign the minutes:

 

1)    Pla/38/08/21 to Pla/50/08/21 of the meeting of this Committee held on 19August 2021; and

 

2)    Pla/51/09/21 to Pla/56/09/21 of the meeting of this Committee held on 2September 2021 as a correct record of those proceedings (copies previously circulated).

 

Minutes:

RESOLVED that:

 

1)    the public minutes Pla/38/08/21 to Pla/50/08/21 of the meeting of this Committee held on 19 August 2021; and

2)    the public minutes Pla/51/09/21 to Pla/56/09/21 of the meeting of this Committee held on the 2September 2021

 

be confirmed and signed by the Chairman as correct record of those proceedings.

 

 

 

 

 

.

Pla/59/09/21

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:

The Senior Solicitor announced that the meeting would be recorded for the purpose of producing the minutes of the meeting. They would be deleted upon production of the draft minutes.

 

Councillor Baker expressed that himself, and the rest of the committee, received a letter from Friends of the Lake District in regards to application 21/0292, as well as an objector, in relation to planning application 20/0995.

 

Councillor Nicolson declared a pecuniary interest in regards to planning application 20/0995 as he has a relative that works for the applicant. He also has an interest on behalf of a third party in another site which may involve the applicant. He will leave the meeting for this item.

 

Councillor Eyles gave a personal explanation in that he intended to record the meeting for personal use.

 

Councillor Patterson gave a personal explanation in regards planning application 21/0519 in that he was the ward councillor for this application and had been asked to speak on the item. He would step down from the committee and not vote on this item.

 

Councillor Patterson also gave a personal explanation in regards to planning application 21/0254 in that he was also the ward councillor for this application. However he was in no way connected to the application, not predetermined, and came to the meeting with an open mind.

 

 

 

Pla/60/09/21

Questions and Representations from Members of the Public

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

Minutes:

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

Pla/61/09/21

Questions and Representations from Members

To receive questions and representations from Members under Rules 11 and 12 of the Council 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/62/09/21

Appeal Decision Letters pdf icon PDF 374 KB

To receive the attached report PP19/21 from the Assistant Director Planning and Economic Development which lists decision letters from the Planning Inspectorate received since the last meeting:

 

Application Numbers(s)

Applicant

Appeal Decision

19/0908

Mr Richard Thorburn (Riverside/Atkinson Building Contractors Ltd)

Land at White Ox Farm, Inglewood Road, Penrith, CA11 8SE

 

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 for erection of 100% affordable housing development comprising 76 residential dwellings.

The appeal is allowed.

 

Mr Richard Thorburn (Riverside/Atkinson Building Contractors Ltd)

Land at White Ox Farm, Inglewood Road, Penrith, CA11 8SE

 

The application is made under the Town and Country Planning Act 1990, Sections 78, 322 and Schedule 6, and the Local Government Act 1972, section 250(5).

 

The appeal was against the refusal of planning permission for erection of 100% affordable housing development comprising of 76 residential dwellings.

The award of costs is partially allowed.

 

Minutes:

Members considered report PP19/12 of the Assistant Director Planning and Economic Development which detailed decision letters received since the last meeting.

 

Application Number(s)

Applicant

Appeal Decision

19/0908

Mr Richard Thorburn (Riverside/Atkinson Building Contractors Ltd)

Land at White Ox Farm, Inglewood Road, Penrith, CA11 8SE

 

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 for erection of 100% affordable housing development comprising 76 residential dwellings.

 

The appeal is allowed.

 

Mr Richard Thorburn (Riverside/Atkinson Building Contractors Ltd)

 

Land at White Ox Farm, Inglewood Road, Penrith, CA11 8SE

 

The application is made under the Town and Country Planning Act 1990, Sections 78, 322 and Schedule 6, and the Local Government Act 1972, section 250(5).

 

The appeal was against the refusal of planning permission for erection of 100% affordable housing development comprising of 76 residential dwellings.

The award of costs is partially allowed.

 

RESOLVED that the report be noted.

 

Pla/63/09/21

Planning Issues pdf icon PDF 38 KB

To note the attached lists of the Assistant Director Planning and Economic Development.

a)    Applications determined under officer delegated powers for the month of August 2021

b)    Reasons for refusal and requirement of prior approval on delegated decisions for the month of August 2021

 

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 August 2021.

b)    Reasons for refusal and requirement of prior approval on delegated decisions for the month of August 2021.

 

Pla/64/09/21

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

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

 

Item No

Application Details

Officer Recommendation

Page Number

1

Planning Application No: 21/0519

Outline application for the erection of self-build affordable dwelling, with approval sought for access

Field Number 0434, Murton, Appleby, CA16 6LZ

Messrs M Wilkinson and M Harrison

Recommended to:

REFUSE
With Reasons

43-59

2

Planning Application No: 21/0254

Change of use of residential dwelling (C3) to use as a holiday let (Sui Generis) and creation of car parking area

Brackenber House, Brackenber, Appleby

Mr John Harrison

Recommended to:

 

APPROVE
Subject to Conditions

60-71

3

Planning Application No: 20/0995

Reserved Matters application for appearance, landscaping, layout and scale, attached to approval ref. 13/0033

Land at Carleton, Penrith

Genesis Homes

Recommended to:

APPROVE
Subject to Conditions

72-103

4

Planning Application No: 21/0292

The formation of an earth banked slurry lagoon

Low Moor Farm, Newby, Penrith

Mr and Mrs Millican

Recommended to:

APPROVE
Subject to Conditions

104-120

5

Planning Application No: 21/0477

Change of use of agricultural land to garden for 3, 5 and 6 Pinfold Close (part retrospective)

Land adjacent Pinfold Close, Skelton

Mr N Asbridge, Asbridge Builders Ltd

Recommended to:

APPROVE
Subject to Conditions

121-130

 

 

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.

 

Pla/65/09/21

Planning Application No: 21/0519 Outline application for the erection of self-build affordable dwelling, with approval sought for access Field Number 0434, Murton, Appleby, CA16 6LZ Messrs M Wilkinson and M Harrison

Minutes:

Councillor Patterson declared an interest in this item and advised that he would stand down from the chair. Councillor Wicks took the chair for this item.

 

Councillor Patterson stated that he would speak on this item and then remain in the room.

 

The Democratic Services Officer left the meeting at 9:43.

 

The Democratic Services Officer returned to the meeting at 9.51.

 

The Committee received a presentation from Mr J McDarren, on behalf of Murton Parish Council, in support of the application.

 

The Committee received a presentation from Councillor W Patterson, Ward Councillor for Warcop in support of the application.

 

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

 

Proposed by Councillor Sawrey-Cookson

Seconded by Councillor Eyles

 

For: 6

Against: 3

 

and RESOLVED that planning permission be GRANTED, contrary to the officer recommendation, with delegated powers attached to officers to agree appropriate conditions.

 

Reasons:

 

The application was seen as falling under the rural exception policy included in LS1. Members drew attention to the need to encourage young people to stay within villages as evidence of the schemes benefit to the locality.

 

 

 

 

 

 

Pla/66/09/21

Planning Application No: 21/0254 Change of use of residential dwelling (C3) to use as a holiday let (Sui Generis) and creation of car parking area Brackenber House, Brackenber, Appleby Mr John Harrison

Minutes:

Councillor Patterson resumed the chair for the remainder of the agenda items.

 

The Committee received a presentation from Mr J McDarren, on behalf of Murton Parish Council, in objection to the application.

 

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

 

Proposed by Councillor Wicks

Seconded by Councillor Eyles

 

For: 9

Against: 1

 

and RESOLVED that planning permission be GRANTED, subject to conditions.

 

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.

Approved Plans

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

                 i.          Location plan ref 1632.P.11 submitted with the application

                ii.          Site Layout (External Works Plan) 1632.C.15 rev 05 dated 15/1/21

              iii.          Design and Access Statement

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

Prior to first use Conditions

3.    Before the first use of the site as a holiday let, a Noise Management Plan shall be submitted to and approved in writing by the local planning authority. The Plan shall set out how guests are expected to respect the amenity of local residents and that excessive noise or disturbance shall not be tolerated. Thereafter a copy of the approved Plan shall be provided for each guest making a booking, and shall be adhered to at all times.

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

4.    Before the first use of the site as a holiday let, full details of the foul sewage treatment for the holiday let shall be submitted to and approved in writing by the local planning authority. The approved scheme shall then be implemented in full prior to the first use of the building as a holiday let, and shall be retained and maintained in good working order thereafter.

Reason: In the interests of ensuring adequate and appropriate treatment of foul sewage.

Informatives

1.    This decision notice grants planning permission only. It does not override any existing legal agreement, covenant or ownership arrangement.

It is the applicant’s responsibility to ensure all necessary agreements are in place prior to the commencement of development.

2.       The development may require trade waste collection. Please contact contracts@eden.gov.uk or use the following link for further information: https://www.eden.gov.uk/business-and-trade/trade-waste-and-recycling/trade-waste-collection/

 

 

Pla/67/09/21

Planning Application No: 20/0995 Reserved Matters application for appearance, landscaping, layout and scale, attached to approval ref. 13/0033 Land at Carleton, Penrith Genesis Homes

Minutes:

Councillor Nicolson left the meeting at 10:47 am.

 

The Principal Planning Officer informed the Committee that subsequent to the publication of the agenda, the applicant had changed the layout of the proposal, with plot 8, 9, 10, 11 and 22 now containing different house types.

 

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

 

Proposed by Councillor Wicks

Seconded by Councillor Lynch

 

For: 9

Against: 0

 

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

 

Approved Plans

1.    The development hereby granted shall be carried out strictly in accordance with the application form dated 18 December 2020, and the following details and plans hereby approved;

i.        Carleton Avenue Location Plan, ref. PL-649-001, dated December 2020;

ii.        Design and Access Statement, dated December 2020, resubmitted 19 April 2021;

iii.       Proposed Car Parking Plan, ref. 005 Rev. H, dated 7 August 2021;

iv.       Proposed Site Layout, ref. 002 Rev. K, dated 7 August 2021;

v.       Engineering Layout, ref. 7654/P01, dated 17 December 2020;

vi.       Existing Site Layout, ref. 006, dated December 2020;

vii.      Floor Plans and Elevations, The Caldew (Semi), received 21 December 2020;

viii.     Floor Plans and Elevations, The Caldew (Terraced), received 21 December 2020;

ix.       Floor Plans and Elevations, The Derwent, received 21 December 2020;

x.       Floor Plans and Elevations, The Eamont, received 21 December 2020;

xi.       Floor Plans and Elevations, The Eamont (Single Garage), received 21 December 2020;

xii.      Floor Plans and Elevations, The Eden, received 21 December 2020;

xiii.     Floor Plans and Elevations, The Ellen (Single Garage), received 21 December 2020;

xiv.     Floor Plans and Elevations, The Gelt (Semi), received 21 December 2020;

xv.      Floor Plans and Elevations, The Petterill (Semi), received 21 December 2020;

xvi.     Floor Plans and Elevations, The Petterill (Semi Terrace), received 21 December 2020;

xvii.    Floor Plans and Elevations, The Wreay, received 21 December 2020;

xviii.    Floor Plans and Elevations, The Whillian, received 21 December 2020;

xix.     Floor Plans and Elevations, The Whillian (Double Garage), received 21 December 2020;

xx.      Floor Plans and Elevations, The Dee, submitted 28 July 2021;

xxi.     Highway Longsections, ref. 7654/P02, dated 17 December 2020;

xxii.    Location Plan, ref. 001, dated December 2020;

xxiii.    Master Plan, ref. 007.1, dated 12 August 2021;

xxiv.   Floor Plans and Elevations, Double Garage, received 21 December 2020;

xxv.    Plant Specification and Schedule, dated 26 August 2021;

xxvi.   Proposed Boundary Treatment and Hard Landscaping Plan, ref. 003 Rev. H, dated 7 August 2021;

xxvii.   Proposed Drainage Levels with Fixed Floor Levels, ref. 7654/01 Rev. A, dated 20 August 2021;

xxviii.  Eco-Pack, details received 20 July 2020;

xxix.   Proposed Sustainability Plan, ref. 009, dated August 2021;

xxx.    Policy HS5 confirmation letter, dated 29 July 2021.

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

Prior to Occupation

1.       Prior to the first occupation of the dwelling Plot 8, the Eastern Gable window shall be fitted with obscure glazing at level 4 or 5 and shall  ...  view the full minutes text for item Pla/67/09/21

Pla/68/09/21

Planning Application No: 21/0292 The formation of an earth banked slurry lagoon Low Moor Farm, Newby, Penrith Mr and Mrs Millican

Minutes:

The meeting was adjourned at 11:25

 

The meeting was resumed at 11:37

 

Councillor Nicolson rejoined the meeting at 11:37

 

The Committee received a presentation from Ms K Lancaster, an objector on behalf of Mr and Mrs Sanders, in objection to the application.

 

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

 

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

 

Proposed by Councillor Sawrey-Cookson that the application be refused on the grounds of being contrary to policies RUR2, DEV3, DEV5, ENV1, ENV2, ENV3 and ENV9.

 

Councillor Baker requested an amendment to the motion.

 

Proposed by Councillor Baker

Seconded by Councillor Sawrey-Cookson

 

That the application be refused on the grounds of being contrary to policies RUR2, DEV5 and ENV2.

 

For: 2

Against: 8

 

The motion therefore FELL

 

Proposed by Councillor Eyles

Seconded by Councillor Nicolson

 

For: 8

Against: 2

 

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 25/03/2021

ii       Site Plan received 25/03/2021

iii      Planning and Agricultural Justification Statement by Mc Marshalls received 25/03/2021

iv      Sectional Drawings received 11/06/2021

v      Supporting Statement from ‘Farming Efficiencies’ received 11/06/2021

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

Details of Landscaping and Screening

3.    Prior to the first use of the development hereby approved, full details of soft landscape works to provide adequate screening of the slurry lagoon and the enclosing fence that is hereby approved have been submitted to and approved in writing by the Local Planning Authority. These works shall be carried out as approved prior to the first use of the development. Details of the proposed planting will need to be provided including; species of trees and shrubs to be planted, numbers of trees/shrubs to be planted, density/spacing of shrub planting, size of trees and shrubs to be planted, means of protection from browsing, support for the trees post planting.

Any plants, trees or shrubs which within period of 5 years from the date of planting die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species and quality.

Reason: To ensure that the development is landscaped in the interest of the visual character and appearance of the area.

4.    Prior to the first use of the development hereby approved, the bund/embankment shall be grass seeded and maintained as such at all times.

Reason: To ensure that the development is landscaped in the interest of  ...  view the full minutes text for item Pla/68/09/21

Pla/69/09/21

Planning Application No: 21/0477 Change of use of agricultural land to garden for 3, 5 and 6 Pinfold Close (part retrospective) Land adjacent Pinfold Close, Skelton Mr N Asbridge, Asbridge Builders Ltd

Minutes:

Proposed by Councillor Eyles

Seconded by Councillor Harker

 

and RESOLVED that the meeting go beyond three hours.

 

Proposed by Councillor Lynch

Seconded by Councillor Eyles

 

For: 10

Against: 0

 

and RESOVLED that planning approval be GRANTED subject to the following conditons:

Approved Plans

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

i)    Application form received 14 May 2021

ii)    Location and block plan drawing no. 15050-17 P02 received 14 May 2021

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

Pre-Occupancy or Other Stage Conditions

2.    Within 2 months of the date of this permission, a landscaping scheme which shows the location, species, size and numbers/density shall be submitted to the local planning authority and the agreed scheme shall be carried out as approved within a programme agreed by the local planning authority. Any trees or other plants which die or are removed within the first five years following the implementation of the landscaping scheme shall be replaced during the next planting season.

Reason: To ensure that the development is landscaped in the interests of the visual character and appearance of the area.

Ongoing Conditions

3.   Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and/or re-enacting that Order) no garden structures or buildings and no fences or other means of enclosure, shall be erected within the curtilage of the dwellinghouses hereby approved.

Reason: To safeguard the visual character and appearance of the area

Pla/70/09/21

Confirmation of Site Visits (if any)

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

Minutes:

No site visits were confirmed at this meeting.

Pla/71/09/21

Any Other Items which the Chairman decides are urgent

Minutes:

There were no items which the Chairman felt were urgent.

Pla/72/09/21

Date of Next Meeting

The date of the next scheduled meeting be confirmed as 21 October 2021

Minutes:

The date for the next scheduled meeting was confirmed as 21 October 2021 at 9:30 am.