Planning Applications Committee Minutes - 15 February 2007

Present:

Pl/209/2/07 Apologies for Absence

Apologies for absence were received from councillors Mrs M Herbert, M Holliday and H Sawrey-Cookson.

Pl/210/2/07  Minutes

Minutes Pl/187/1/07 to Pl/206/1/07 of the meeting of this Committee held on 18 January 2007 were approved as a correct record of those proceedings.

Pl/211/2/07  Order of Agenda Items

RESOLVED that agenda item 8f be considered at the start of the meeting.

Pl/212/2/07  Declarations of Interest

1. Councillor M Davidson declared that he had been lobbied in respect of application 1 on agenda item 8f.
2. Councillor P B Huddleston declared that although he was the Local Member in respect of application 2 on agenda item 8f he would speak as a member of the Committee and not as the Local Member.
3. Councillor Mrs Langan declared her membership of Appleby Town Council who had submitted views in respect of application 1 on agenda item 8f, however, she had taken no part in discussions regarding the matter at these meetings.
4. Councillors B Metz declared that he had been lobbied in respect of application 1 on agenda item 8f.
5. Councillor G Nicolson declared that he had been lobbied in respect of application 1 on agenda item 8f.
6. Councillor J M Smith declared that he had been lobbied in respect of application 1 on agenda item 8f.
7. Councillor J G Thompson declared that the applicants in respect of agenda item 7 and application 1 on agenda item 8f were known to him, but he did not consider this to be prejudicial.

Pl/213/2/07  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/214/2/07  Construction of Three Wind Turbines, Together With Ancilliary Equipment Tracks and Associated Works on Land at Hoff Moor for Messrs H P Bainbridge (03/0788)

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

Councillor D I A Nattrass declared that the following objector was known to him however he did not consider this to be prejudicial.

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

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

The Committee received a presentation from Mr Grierson on behalf of the applicants in support of the application.

Officers were congratulated on the quality of the report.

Moved by Councillor B Metz
Seconded by Councillor M Davidson

That Members be minded to refuse the application on the grounds of PPS12, PPS56, E36 and R44 of the adopted Structure Plan and that reasons for refusal be considered at the next meeting of this Committee.

The Committee received a presentation from Councillor W Patterson as the Local Ward Member.

The Committee received a presentation from Councillor Mrs J Raine as the Local Ward Member.

A recorded vote was taken when there were:

For the motion - 13
(Councillors Mrs E M Cook, M Davidson, P B Huddleston, Mrs E Langan, J C Lynch, B Metz, D I A Nattrass, G Nicolson, J M Smith, J G Thomspon, H W Threlkeld, R V Turner and Mrs M Wilcox.

The motion was carried unanimously when it was RESOLVED that it be minded to REFUSE the application on the grounds of landscape and visual impact and that the reasons for refusal be considered at the next meeting of this Committee.

The meeting was adjourned at 11.30am

Councillor H W Threlkeld left the meting at 11.30am.

The meeting reconvened at 11.35am.

RESOLVED that agenda items 11 and 12 be considered after the following item.

Pl/215/2/07  Mediterranean Food Packing and Distribution Warehouse on Plot 4A, North Lakes Business Park, Flusco for Mr R Prentice (06/0907)

The Committee received a presentation from Councillor Lorraine Taylor representing Keswick Town Council, objecting to the application.

RESOLVED that the application be APPROVED subject to the standard time limits condition and the following additional conditions:

1. Ramps shall be provided on each side of every junction to enable wheelchairs, pushchairs etc. to be safely manoeuvred at kerb lines.  Details of all such ramps shall be submitted to the Local Planning Authority for approval before development commences.  Any details so approved shall be constructed as part of the development.
2. Access gates, if provided, shall be hung to open inwards only away from the highway.
3. Details of all measures to be taken by the applicant/developer to prevent surface water discharging onto or off the highway shall be submitted to the Local Planning Authority for approval prior to development being commenced.  Any approved works shall be implemented prior to the development being completed and shall be maintained operational thereafter.
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 occupied/brought into use.
5. The use shall not be commenced until the access and parking requirements have been constructed in accordance with the approved plan.  Any such access and or parking provision shall be retained and be capable of use when the development is completed and shall not be removed or altered without the prior consent of the Local Planning Authority.
6. The whole of the access area bounded by the carriageway edge, entrance gates and the splays shall be constructed and drained to the specification of the Local Planning Authority in consultation with the Highway Authority.

Reasons:

1. To ensure that pedestrians and people with impaired mobility can negotiate road junctions in relative safety.
2. In the interests of highway safety.
   to 6)

Additional Informative:

It will be necessary for the applicant to conform to the procedure set out in the County Council guidelines for new structures before any works commence on site.  This will involve the applicant securing the services of a qualified structural or civil engineer who will need to certify that the full design details and section of the new wall comply with the current appropriate British Standards and Codes.

Councillor D I A Nattrass left the meeting at 12.00pm.

Moved by Councillor J C Lynch
Seconded by Councillor P B Huddleston

That item 12 on the agenda, Unauthorised Change of Use to Caravan Site, Land at Melmerby Village Green, be heard in public.

A vote was taken when there were:

For the motion - 2
Against it - 8.

The motion fell whereby it was RESOLVED to hear this item in private.

Pl/216/2/07  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 6 and 7 of Part 1 of Schedule 12A of the Act.

Pl/217/2/07 Minutes

Minutes Pl/207/1/07 to Pl/208/1/07 of the meeting of this Committee held on 18 January 2007 were approved as a correct record of those proceedings.

The following minute Pl/218/2/07 contains exempt information as described in the relevant paragraph of Part 1 of Schedule 12A of the Local Government Act 1972 and are excluded from this document by virtue of Section 100A of the Act. Below is a summary of these proceedings.

Unauthorised Change of Use to Caravan Site, Land at Melmerby Village Green (Pl/218/2/07)(Paragraphs 6 and 7)

The Committee considered report TS11-07 of the Director of Technical Services regarding an anticipated unauthorised change in use to a caravan site at Melmerby Village Green.

Councillor G Nicolson left the meeting at 12.45pm

Moved by Councillor P B Huddleston
Seconded by Councillor R V Turner

And duly RESOLVED that items 4, 5 and 6 on the agenda be deferred for consideration at the next meeting of this Committee in March.

Councillor P B Huddleston left the meeting at 1.03pm.

RESOLVED that no further action be taken by this Committee with regard to Melmerby but that:

1. Officers be asked to clarify with the Gypsy and Traveller Unit of the Communities and Local Government Department about the provision of temporary sites;
2. the Chair of this Committee be asked to ask at full Council
   • What steps have been taken to complete an assessment of Gypsy and Traveller accommodation needs generally; and
   • What steps have been taken to resolve the problems of both groups of people at Melmerby?

The press and public were readmitted to the meeting.

Pl/219/2/07  Purchase Notice - Moss House, Brampton

The Committee considered report CLS21/07 of the Director of Corporate and Legal Services which requested Members' consideration of a purchase notice which has been received from Mr D Cannon, the owner of Moss House, Brampton, Appleby and requested their determination of the Council's response.

RESOLVED that the Director of Corporate and Legal Services:

1. be authorised to serve a notice upon the applicant confirming that the Council is not willing to comply with the purchase notice for the following reasons and other reasons as appropriate:
   • the server of the notice has not demonstrated that the building is incapable of reasonably beneficial use;
   • there is no evidence of any attempt by the owner of the land to sell or let the building;
   • the land is capable of reasonably beneficial use.  The land is capable of reasonably beneficial use for agricultural purposes which would not require planning permission.  Agriculture is considered to be a reasonably beneficial use: it is the use of the field in which the building sits and the general use of the land in the area;
   • the land is a site of a former building and is not physically separate from the agricultural field in which it sits.  The field is in agricultural use and/or is capable of agricultural use.  The land which is the subject of the purchase notice is not and should not be considered to be, now, as being separate from the surrounding agricultural land.  The land is not a separate unit.  The land is and should be considered as being part of the surrounding agricultural land.  The land is capable of use in conjunction with the surrounding land, namely, the filed in which the building sits;
   • it is clear from the correspondence that the red line around the building as identified in the application for planning permission and in the purchase notice, was drawn tightly to prevent any contention that a beneficial use could be made from the use of the adjoining land.  The delineation of the building by the red line is entirely artificial and does not reflect the actuality of the building being part of the surrounding land.
2. send a copy of the notices to the Secretary of State.

Pl/220/2/07  Applications Determined under Officer Delegated Powers for the Month of January 2007

The Committee was advised of the applications for planning permission which had been determined by the Director of Technical Services in January 2007 under powers delegated to him as detailed in agenda item 8a.

RESOLVED that the list detailed in Applications Determined Under Officer Delegated Powers for the Month of January 2007 (attached to these minutes as Appendix 1 - PDF: 126Kb / 4 pages) be noted.

Pl/221/2/07  Reasons for Refusal on Delegated Decisions for the Month of January 2007

The Committee considered the reasons for refusal on delegated decisions for the month of January 2007 as detailed in agenda item 8b.

RESOLVED that the report be noted (attached to these minutes as Appendix 2 - PDF: 206Kb / 7 pages).

Pl/222/2/07  Application Recommendations made under Officer Delegated Powers for County Matters for the Month of January 2007

The Committee was advised of the application recommendations made under officer delegated powers for county matters for the month of January 2007 as detailed in agenda item 8c.

RESOLVED that the list (attached to these minutes as Appendix 3 - PDF: 21Kb / 1 page) be noted.

Pl/223/2/07  Recommendations of the Lake District National Park Authority in Respect of the Applications for Planning Permission for the Month of January 2007

The Committee was advised of the recommendations of the Lake District National Park Authority in respect of the applications for planning permission for the month of January 2007 as detailed in agenda item 8d.

RESOLVED that the list of decisions of the Lake District National Park Authority (attached to these minutes as Appendix 4 - PDF: 18Kb / 1 page) be noted.

Pl/224/2/07  Decisions of the Lake District National Park Authority in Respect of the Applications for Planning Permission for the Month of January 2007

The Committee was advised of the decisions of the Lake District National Park Authority in respect of the applications for planning permission for the month of January 2007 as detailed in agenda item 8e.

RESOLVED that the list of decisions of the Lake District National Park Authority (attached to these minutes as Appendix 5 - PDF: 58Kb / 2 pages) be noted.

The meeting closed at 1.15pm