Planning Applications Committee Minutes - 15 November 2007

Present:

Pl/122/11/07  Apologies for Absence

Apologies for absence were received from Councillors J Lynch and B Metz

Pl/123/11/07  Minutes

Minutes:

1. Pl/100/10/07 to Pl/117/10/07 of the meeting of this Committee held on 18 October 2007; and
2. Pl/120/11/07 to Pl/121/11/07of the meeting of this Committee held on 1 November 2007

were approved as a correct record of those proceedings.

Pl/124/11/07  Declarations of Interest

1. Councillor R H Fisher declared that he had known the family of the applicant of application 6 on agenda item 6e some years previously whilst in business but had been advised that this was not personal or prejudicial.
2. Councillor J M Holliday declared that he had received a phone call from the applicant of application 6 on agenda item 6e but did not consider this to be personal or prejudicial.
3. Councillor Mrs E Langan declared that she had received a phone call and letter from the applicants of application 7 on agenda item 6e.
4. Councillor Mrs G Lumley declared that she was acquainted with both the applicant and agent of application 7 on agenda item 6e which she did not consider to be either personal or prejudicial. She also said that she had been lobbied by the applicant, agent and Councillor Mrs Wilcox in relation to the application.
5. Councillor G Nicolson declared that the objector to application 5 on agenda item 6e was known to him and that he would leave the room during the debate and consideration thereof.
6. Councillor J G Thompson declared that the objector to application 5 on agenda item 6e was known to him and that he would leave the room during the debate and consideration thereof.
7. Councillor R V Turner declared that the applicant of application 4 on agenda item 6e was known to him but he did not consider it to be either personal or prejudicial.
8. Councillor Mrs M Wilcox declared that the applicant of application 7 on agenda item 6e was known to her but she did not consider it to be either personal or prejudicial.

Pl/125/11/07  New Buildings Signage, land Adjacent to B&Q, Bridge Lane, Penrith

The Committee considered report TS156-07 of the Director of Technical Services which requested Members to further consider and provide reasons for the possible refusal of advertisement consent for the display of advertisements following the Committee's decision on 18 October 2007 that it be minded to refuse the application on the grounds that the signage was considered unacceptable in the interests of the amenity of the area.

Moved by Councillor H Sawrey-Cookson
Seconded by Councillor G Nicolson

and duly RESOLVED that:

1. Committee does not wish to accept the Officer recommendation; and
2. the application be REFUSED for the following reason:
   
   The proposed advertisements on the building would, by reason of the accumulated impact of their number, size, colour, degree of illumination and disposition have an adverse impact on the visual amenity of this location on a primary entrance route to the historic market town.

Pl/126/11/07  Housing Permissions Monitoring

The Committee considered report TS154-07 of the Director of Technical Services which updated Members on the Council's position in respect of housing permissions against the 'ceilings' contained within adopted planning policy and confirmed the number of planning permissions granted during the period July to September 2007.

RESOLVED that the report be accepted.

Pl/127/11/07  Applications Determined under Officer Delegated Powers for the Month of October 2007

The Committee was advised of the applications for planning permission which had been determined by the Director of Technical Services in October 2007 under powers delegated to him as detailed in agenda item 6a.

RESOLVED that the list detailed in Applications Determined Under Officer Delegated Powers for the Month of October 2007 (Attached to these minutes as Appendix 1 (PDF: 65 Kb / 2 pages) be noted.

Pl/128/11/07  Reasons for Refusal on Delegated Decisions for the Month of October 2007

The Committee considered the reasons for refusal on delegated decisions for the month of October 2007 as detailed in agenda item

RESOLVED that the report be noted (Attached to these minutes as Appendix 2 (PDF: 525 Kb / 8 pages).

Pl/129/11/07  Application Recommendations made under Officer Delegated Powers for County Matters for the Month of October 2007

The Committee was advised of the following application recommendation made under officer delegated powers for county matters for the month of October 2007.

RESOLVED that the list of decisions be noted (Attached to these minutes as Appendix 3 (PDF: 15 Kb / 2 pages).

Pl/130/11/07  Decisions of the Lake District National Park Authority in Respect of the Applications for Planning Permission for the Month of October 2007

The Committee was advised of the following decisions of the Lake District National Park Authority in respect of the applications for planning permission for the month of October 2007.

RESOLVED that the list of decisions of the Lake District National Park Authority be noted (Attached to these minutes as Appendix 4 (PDF: 34 Kb / 4 pages).

Pl/131/11/07  Planning Applications - Committee Decisions

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

Pl/132/11/07  Change of Use of Land from Agriculture to 'Horsiculture' Including the Formation of a Turning Area and Erection of Stables at Land Pt Field 3834, Stainton for Mrs J Reekie and Family (07/0599)

The Committee received a presentation from Mr Colin Arran objecting to the application.

The Committee received a presentation from Mr John Westgarth, the applicants agent, in support of the application.

Moved by Councillor J M Holliday
Seconded by Councillor H Sawrey-Cookson

And duly RESOLVED that the application be APPROVED subject to the following conditions:

1. The development permitted shall be begun before the expiration of three years from the date of this permission.
2. The development hereby granted shall be carried out strictly in accordance with the details and plans hereby approved (details received on 11 July 2007) and shall not be varied other than by prior agreement in writing by the Local Planning Authority.
3. There shall be no direct vehicular or pedestrian access of any kind between the site and the A66 trunk road.
4. A stock proof fence shall be erected along the frontage of the site with the trunk road to the satisfaction of the Planning Authority.
5. There shall be no development on or adjacent to any trunk road embankment that shall put any embankment or earthworks at risk.
6. No drainage from the proposed development shall run off into the trunk road drainage system, nor shall any such new development adversely affect any trunk road drainage.
7. If, during the construction works, any unusual ground conditions are encountered, works should cease immediately until agreement has been reached with the Local Planning Authority as to the way forward.
8. The development hereby approved shall be used for private equestrian purposes only and shall not be used for commercial livery, schooling or breeding.

Reasons

1. In order to comply with the provisions of the Planning and Compulsory Purchase Act 2004.
2. To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.
3. Any vehicular access to a trunk road other than a road junction of the appropriate design would create serious danger and obstruction to trunk road traffic.
4. A fence of the type specified is considered to be the minimum safety requirement for this type of development adjacent to the trunk road.
5. and 6 To maintain the stability of the trunk road.

1. To ensure a safe form of development that poses no unacceptable risk of pollution.
2. To protect the privacy and amenity of neighbouring properties.

Pl/133/11/07  Residential Development on Land off Bluebell Lane, Penrith for WB Anderson Properties Ltd (07/0681)

The Committee received a presentation from Mrs Ferguson objecting to the application.

The Committee received a presentation from Mr Andrew Willison-Holt, the applicants agent, in support of the application.

Moved by Councillor M Davidson
Seconded by Councillor H W Threlkeld

That Committee be minded to approve the application.

Amendment by Councillor R H Fisher
Seconded by Councillor M Davidson

That the application be deferred to allow Offices time to consult on the revised plan and the applicants time to provide further information on costings with regard to the affordability element of the scheme.

A vote was taken when there were:

For the amendment - 10
Against it - 3

The amendment was carried whereby it was RESOLVED that the application be DEFERRED to allow Offices time to consult on the revised plan and the applicants time to provide further information on costings with regard to the affordability element of the scheme.

Pl/134/11/07  Erection of Two-Storey Extension with Conservatory to the Rear Elevation of 22 Chapel Terrace, Alston for Mr and Mrs S Thompson (07/0739)

The Committee received a presentation from Mr Starkey objecting to the application.

Moved by Councillor J G Thompson
Seconded by Councillor R V Turner

And duly RESOLVED that the application be APPROVED subject to the following conditions:

1. The development permitted shall be begun before the expiration of three years from the date of this permission.
2. The development hereby granted shall be carried out strictly in accordance with the details and plans hereby approved dwelling no.707 E1A and 707 P1B received on 31 August 2007 and shall not be varied other than by prior agreement in writing by the Local Planning Authority.
3. The proposed window in the first floor east elevation shall be fitted with top hung obscure glazing in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority before any work is commenced.  The development shall be carried out in accordance with the approved details and shall thereafter be retained.

Reasons

1. In order to comply with the provision of the Planning and Compulsory Purchase Act 2004.
2. To ensure satisfactory development and to avoid any ambiguity as to what constitutes the permission.
3. To protect the privacy and amenity of neighbouring properties.

Councillors G Nicolson and J G Thompson declared a personal and prejudicial interest in the following application and withdrew from the meeting during consideration thereof.

Councillor R Burgin withdrew from the meeting at 11.00am.

Pl/135/11/07  Engineering Works in Association with Proposed Connection to Public Sewer at Southwaite Green Mill, Eamont Bridge, Penrith (07/0779)

Councillor R Burgin re-joined the meeting at 11.05am .

Moved by Councillor M Davidson
Seconded by Councillor R H Fisher

And duly RESOLVED that the application be APPROVED subject to the following conditions:

1. The development permitted shall be begun before the expiration of three years from the date of this permission.
2. The development hereby granted shall be carried out strictly in accordance with details and plan drawings Ref Nos E1751/02/C dated as received by the Local planning Authority on 14 September 2007.
3. Prior to commencement of the development hereby approved, further detail comprising the following, a section verifying the offset from the centreline of the drain to the M6 bridge piers, measurements showing the depth from the carriageway surface to the invert of the drain, and confirmation of who will maintain the drain upon completion will be submitted to and agreed in writing by the local Planning Authority in consultation with the highways Agency.
4. No development shall take place until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the planning Authority in conjunction with consultation with English Heritage.
5. No obstruction of Public Footpath No 375003 shall occur without the provision of a suitable temporary safe alternative route.

Reasons

1. In order to comply with the provisions of the Planning Compulsory Purchase Act 2004.
2. To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.
3. For the avoidance of doubt and in order to secure a satisfactory form of development on the site.
4. 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.
5. In order to maintain an existing Public Right of Way.

Pl/136/11/07 Erection of Agricultural Workers Dwelling at Levy Farm, Low Moor Dyke, Millhouse, Hesket Newmarket for Messrs TR, PE and JR Little (07/0759)

The Committee received a presentation from Mr John Foster, Chairman of Castle Sowerby Parish Council in support of the application.

The Committee received a presentation from Councillor G R Savage as Local Ward Councillor, in support of the application.

Moved by Councillor R H Fisher
Seconded by Councillor H W Threlkeld

And duly RESOLVED that:

1. the Committee be minded to APPROVE the application; and
2. the conditions relating to the application be considered at the next meeting of this Committee.

Councillor H W Threlkeld left the meeting at 11.25am.

Pl/137/11/07 Part Change of Use to A3 'Restaurant' Use, with Ancillary Delivery Service at Fell House, Main Street, Shap for Mr L Mushandu (07/0692)

Moved by Councillor J M Holliday

That a site visit be undertaken due to local site concerns.

The motion fell with no seconder.

Moved by Councillor M Davidson
Seconded by Councillor J Thompson

And duly RESOLVED that the application be APPROVED subject to the following conditions:

1. The development hereby granted shall be carried out strictly in accordance with the details and plans dated 13 August 2007 hereby approved and shall not be varied other than by prior agreement in writing by the Local Planning Authority.
2. The use hereby permitted shall not be open to customers outside the following times 1200 to 2230 hours Monday to Sunday and on Bank Holidays.
3. The use hereby permitted is for a restaurant use only with ancillary delivery and no takeaway facility.
4. The flue hereby approved shall be installed and be in full working order to the satisfaction of the Local Planning Authority prior to the commencement of use and retained whilst ever the use subsists.
5. The chimney flue shall be painted black or a colour to be agreed by the Local Planning Authority, within three months of its installation.
6. The areas shown on the approved plans (dated 13 August 2007) as parking bay 1-4 and motorcycle bay 1-3 shall be kept clear at all times and used for these purposes only.

Reasons

1. To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.
2. To safeguard local amenity.
3. In the interests of the visual amenities of the area.
4. In the interests of the living conditions of occupiers of nearby properties and pollution prevention.
5. In the interests of the visual amenities of the area.
6. To ensure that adequate parking and servicing space is available within the site.

The meeting was adjourned at 11.40am.

The meeting was reconvened at 11.45pm .

Pl/138/11/07 Application for a Certificate of Lawful Use: Continuous Use as a Dwelling Since at Least April 2003 at Carr House, Mallerstang, Kirkby Stephen for Mr A Hoyle

Moved by Councillor G Nicolson
Seconded by Councillor J Thompson

And duly RESOLVED that the application be REFUSED.

Pl/139/11/07 Exclusion of Press and Public

RESOLVED that in accordance with Section 100A(4) of the Local Government Act 1972, members of the public (including the press) be excluded from the meeting during discussion of the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraphs 5 and 6 of Part 1 of Schedule 12A of the Act.

Pl/140/11/07 Minutes

Minutes Pl/118/10/07 to Pl/119 of the meeting of this Committee held on 18 October 2007 were approved as a correct record of those proceedings.

The following minute Pl/141/11/07 contains exempt information as described in the relevant paragraph of Part 1 of Schedule 12A of the Local Government Act 1972 and is excluded from this document by virtue of Section 100A of the Act. Below is a summary of these proceedings.

Unauthorised Replacement of Windows to Building in Alston (Area of Outstanding natural Beauty)(Pl/141/11/07)(Paragraphs 5 and 6)

The Committee considered report TS155-07 of the Director of Technical Services which related to the unauthorized replacement of windows to a building in Alston without planning consent. The building is located in an Area of Outstanding Natural Beauty.

Committee agreed the recommendations on the report.

The meeting closed at 12.00pm