Planning Applications Committee Minutes - 16 August 2007

Present:

Before the meeting began the Chairman introduced Aimee Richardson, a new member of the Planning Team to the Committee.

Pl/61/8/07  Minutes

The minutes Pl/57/7/07 to Pl/60/7/07 of the meeting of this Committee held on 26 July 2007 were approved as a correct record of those proceedings.

Pl/62/8/07  Declarations of Interest

1. Councillor J M Holliday declared a personal interest in respect of applications 4 and 5 on agenda item 6d due to his membership of Langwathby Parish Council.
2. Councillor Mrs A D Richardson declared a personal interest in item 4 on the agenda, Purchase Notice, Moss House as the applicants were known to her.
3. Councillor J G Thompson declared a personal and prejudicial interest in item 5 on the agenda, Purchase Notice, Land off Mardale Road as he resided adjacent to the site in question.

Pl/63/8/07  Purchase Notice - Moss House, Brampton

The Committee considered report CLS83/07 of the Director of Corporate and Legal Services which advised members of the result of the Secretary of State's consideration of the purchase notice relating to Moss House, Brampton.  Members were advised that the purchase notice had been served following the refusal of planning permission to restore and reoccupy a property which was expressed to have been a dwelling.  The Council contested the purchase notice on a number of grounds.

RESOLVED that the decision of the Secretary of State not to uphold the purchase notice be noted.

Pl/64/8/07  Purchase Notice - Land off Mardale Road, Penrith

The Committee considered report CLS85/07 of the Director of Corporate and Legal Services which requested members consideration of a purchase notice which had been served on the Council by Mr and Mrs Jameson, the owners of the land off Mardale Road, Penrith following a refusal of planning permission to develop the land for retail purposes.

RESOLVED that the Director of Corporate and Legal Services be authorised to serve a notice upon the applicant confirming that the Council is not willing to comply with the purchase notice for following reasons and/or such other or additional reasons as he may determine and send a copy of the notice to the Secretary of State:

1. the server of the notice has not demonstrated that the building is incapable of reasonably beneficial use;
2. there is no evidence of any attempt by the owner of the land to sell or let the building; and
3. the land is capable of reasonably beneficial use.  The land is capable of reasonably beneficial use for the grazing of horses or other animals or recreational purposes which would either not require or would receive planning permission.  The land is of sufficient size to accommodate a recreational sports use or animal grazing.

Pl/65/8/07  Applications Determined under Officer Delegated Powers for the Month of July 2007

The Committee was advised of the applications for planning permission which had been determined by the Director of Technical Services in July 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 July 2007 (attached to these minutes as Appendix 1 - PDF: 157Kb / 9 pages) be noted.

Pl/66/8/07  Reasons for Refusal on Delegated Decisions for the Month of July 2007

The Committee considered the reasons for refusal on delegated decisions for the month of July 2007 as detailed in agenda item 6b.

RESOLVED that the report be noted (attached to these minutes as Appendix 2 - PDF: 315Kb / 2 pages).

Pl/67/8/07  Decisions of the Lake District National Park Authority in Respect of the Applications for Planning Permission for the Month of July 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 July 2007.

RESOLVED that the list of decisions of the Lake District National Park Authority (attached to these minutes as Appendix 3 - PDF: 39Kb / 2 pages) be noted.

Pl/68/8/07  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/69/8/07  Proposed Construction of Timber Pergola Smoking Shelter, Laying of Concrete Flags and Construction of New Partition to the Rear of the White Lion Public House, 4 Market Street, Kirkby Stephen for Marstons Brewery (07/0476)

The Committee received a presentation from Miss Coleman on behalf of the objector regarding this application.

RESOLVED that Members be minded to REFUSE the application on the grounds of adverse harm to the amenity of the neighbouring property and that reasons for refusal be considered at the next meeting of this Committee.

Pl/70/8/07  Erection of Extension to Commercial Garage at Drawbriggs Lane, Appleby for Mr L Ritson (07/0324)

The Committee received a presentation from Mr Sandland from Eden ValleyRailways objecting to this application.

Councillor B Metz declared a personal interest in this application as a voluntary ranger for Sustrans.

The Committee received a presentation from Mr John Westgarth on behalf of the applicant in support of this application.

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 received 9 May 2007.

Reasons

1. In order to comply with the provisions of the Planning and compulsory Purchase Act 2005.
2. To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.

Pl/71/8/07  Retrospective Planning Approval Sought for General Purpose Agricultural Store, with Timber Structure and External Tin Cladding at Asby Mill for Mr and Mrs Maughan (07/0203)

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

1. The development hereby approved shall be carried out strictly in accordance with the details and plans hereby approved (drawing Ref No's 1 and 2 dated as received by the Local Planning Authority on the 16 March 2007) and shall not be varied other than by prior agreement in writing with the Local Planning Authority.
2. The agricultural building hereby approved shall only be used for the accommodation of livestock between the dates of 1 March - 30 April (lambing season) annually and at no other times without the express written consent of the Local Planning Authority.
3. After the period of livestock accommodation specified above, (lambing season) the agricultural storage building hereby approved shall be cleared of all bedding, with such soiled bedding being removed throughout the period of use specified on a regular basis.  The soiled bedding should be disposed of as part of the farms 'farm management plan' and shall not be stored within close proximity of the structure.
4. The agricultural storage building hereby approved shall not be used for the housing of bovine, equine and/or porcine species or for the deep littering of any species.
5. Details of the paint colour scheme to be used and applied externally on the building shall be submitted to and agreed in writing by the Local Planning Authority prior to the further use or occupation of the agricultural building hereby approved.

Reasons:

1. In order to comply with the provisions of the Planning and Compulsory Purchase Act 2004.
2. - 4 In order to secure a satisfactory form of development on the site and to protect the reasonable amenity of adjacent residential development.

1. In the interests of the areas visual amenity.

RESOLVED that the following two applications be considered together.

Pl/72/8/07  Erection of Two-Storey Side Extension for Additional Living Accommodation at White House, Langwathby for Mr M Backhouse (07/0273)

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 plans no. 703040.1, 703040.3 hereby approved received on 10 April 2007 and 703040.2b received 22 June 2007 and shall not be varied other than by prior agreement in writing by the Local Planning Authority.

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.

Pl/73/8/07  Listed building Consent for the Erection of Two-Storey Side Extension for Additional Living Accommodation at White House, Langwathby for Mr M Backhouse (07/0274)

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 plans no. 703040.1, 703040.3 hereby approved received on 10 April 2007 and 703040.2b received 22 June 2007 and shall not be varied other than by prior agreement in writing by the Local Planning Authority.

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.

Pl/74/8/07  Alterations and Extensions to Existing Dwelling and New Detached Garage, as Revised by Detail Received by the Local Planning Authority as dated received 16 July 2007 at 1 Cottage Row, Great Strickland for Miss N Howe and Mr Curry (07/0498)

The Committee received a presentation from Mr Riley objecting to this application.

The Committee received a presentation from Mr Curry and Miss Howe, the applicants, in support of this application.

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 approved shall be carried out strictly in accordance with the details and plans, as revised, and hereby approved (Drawing Ref Nos A2653/01 and A2869/2B dated as received by the Local Planning Authority respectively on 12 June 2007 and 16 July 2007) and shall not be varied other than by prior agreement in writing with the Local Planning Authority.
3. No further windows or openings shall to be created in the west facing gable end elevation without the prior written agreement of the Local Planning Authority.
4. All of the windows on the south front facing elevation shall be of a painted timber 12 pane sliding sash variety.
5. The development hereby approved shall not be commenced until drainage works, for the treatment and/or disposal of both foul and surface water have been submitted to and approved by the Local Planning Authority. Such works as are approved shall be installed and in operation to the satisfaction of the Local Planning Authority prior to the occupation of the extension hereby approved.

Reasons:

1. In order to comply with the provisions of the Planning and compulsory Purchase Act 2004.
2. In order to comply with the provisions of the Planning and compulsory Purchase Act 2004.
3. In order to protect the reasonable amenity of adjacent owner occupiers.
4. In order to ensure a satisfactory form of development in the interest of the character of the area.
5. In order to secure a satisfactory form of development on the site.

Pl/75/8/08  Rear Extension to Provide Additional Living Accommodation Including Bedroom in Roof Space at 5 Phoenix Park, Skelton, Penrith, CA11 9SD for JW and GA Donald (07/0557)

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 2 July 2007) and shall not be varied other than by prior agreement in writing by the Local Planning Authority.

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 permissions.

Before the meeting closed the Chairman introduced Caroline Brier, who was taking over the role of Planning Technician, to the Committee.

The meeting closed at 10.35