Planning Applications Committee Minutes - 18 January 2007

Present:

Pl/187/1/07  Apologies for Absence

Apologies for absence were received from Councillors R V Turner, M Davidson, Mrs M J Herbert, H Sawrey-Cookson, J M Smith (absent on other Council business) and Mrs M Wilcox

Pl/188/1/07  Chairman's Remarks

It was noted that No. 4 on the items requiring a decision of the Committee (Rigglands, Blencarn) had been withdrawn.

The Committee would adjourn following consideration of item 3 (Brackenbank Lodge, Lazonby) in order for a Licensing Sub-Committee to consider the licensing aspects of this application.  This Committee would then re-convene.

Pl/189/1/07  Minutes

Minutes Pl/168/12/06 to Pl/183/12/06 of the meeting of this Committee held on 14 December 2006 were approved as a correct record of those proceedings.

Pl/190/1/07  Declarations of Interest

Councillor G Nicolson declared a personal interest in item 2 (St Catherine's RC Primary School Playing Field, Drovers Lane, Penrith as he had been lobbied and asked for advice on this application.  He declared a personal interest in item 3 (Bracken Bank, Lazonby) as he had been present at Lazonby Parish Council meetings, in his former capacity as Treasurer, when this application had been discussed.

Councillor J Thompson declared a personal interest in item 2 (St Catherine's RC Primary School Playing Field, Drovers Lane, Penrith) as he was a practising member of the Roman Catholic Church and attended St Catherine's church.

Councillor J Lynch declared a personal interest which was prejudicial in item 2 (St Catherine's RC Primary School Playing Field, Drovers Lane, Penrith) in respect of his position as a governor of the school.

Pl/191/1/07  Review of Decisions

The Committee considered report TS3-07 of the Director of Technical Services describing the Committee's site visit to review decisions, held on 24 November 2006.  The Committee viewed photographs of the developments viewed on the visit.

RESOLVED that the report be noted

Pl/192/1/07  Appeal Decision Letters

The Committee considered report TS2-07 of the Director of Technical Services containing the list of decision letters received since the last meeting:

RESOLVED that the report be noted.

Pl/193/1/07  Applications Determined under Officer Delegated Powers for the Month of December 2006

The Committee was advised of the applications for planning permission which had been determined by the Director of Technical Services in December 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 December 2006 (attached to these minutes as Appendix 1 - PDF: 135Kb / 5 pages) be noted.

Pl/194/1/07  Reasons for Refusal on Delegated Decisions for the Month of December 2006

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

RESOLVED that the report be noted (attached to these minutes as Appendix 2 - PDF: 110Kb / 8 pages).

Pl/195/1/07  Decisions of the Lake District National Park Authority in respect of the Applications for Planning Permission for the month of December 2006

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 December 2006.

RESOLVED that the list detailed in Decisions of the Lake District National Park Authority in respect of the Applications for Planning Permission for the Month of December 2006 (attached to these minutes as Appendix 3 - PDF: 58Kb / 2 pages) be noted.

Pl/196/1/07  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.
4. those applications which the Director of Technical Services 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.

Pl/197/1/07  Erection of 8 two-storey dwellings in two blocks of two and one block of four with associated car parking accesses off Lark Lane, Penrith for Eden Housing Association (06/0815)

The Committee received a presentation from Mrs Robinson and Mrs Bell in objection to the application.

The Committee received a presentation from Mr A Willison-Holt in support of the application.

RESOLVED that Planning Permission be GRANTED subject to the applicant entering into a Section 106 Agreement to secure affordable dwellings in perpetuity 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 the approval of the last reserved matters to be approved, whichever is the later.
2. Application for approval of all reserved matters shall be made to the Local Planning Authority before the expiration of two years from the date of this permission.
3. Approval of the details of the design, and external appearance of the dwelling, and the landscaping of the site (called 'the reserved matters') shall be obtained from the Local Planning Authority in writing before any development is commenced.
4. Prior to commencement of development details of both foul and surface water drainage shall be submitted in writing to the Local Planning Authority, the scheme as approved to be carried out before any part of the development hereby permitted is occupied.
5. The carriageway, footways, footpaths, cycle-ways etc shall be designed, constructed, drained and lit to a standard suitable for adoption and in this respect further details, including longitudinal/cross sections, shall be submitted to the Local Planning Authority for approval before work commences on site. No work shall be commenced until 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.
6. 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.
7. A footway shall be provided along the site frontage to Lark Lane to connect to the existing footway and shall form part of the overall development.
8. There shall be no interference with the public right of way over Footpath No 358018.

Reasons:

1. In order to comply with the provisions of the Town and Country Planning Act 1990.
2. In order to comply with the provisions of the Town and Country Planning Act 1990.
3. The application is in outline form only and is not accompanied by full details.
4. To ensure that adequate drainage of the site is carried out as approved.
5. To ensure a minimum standard of construction in the interests of highway safety. To support Local transport Plan Policies S3, LD11, LD7.
6. To ensure that pedestrians and people with impaired mobility can negotiate road junctions in relative safety. To support Local Transport Plan Policies LD12, LD7 and Structure Plan Policy L49.
7. In the interest of pedestrian safety.
8. To ensure the public footpath remains unobstructed.

And to additional conditions relating to environmental protection issues and landscaping.

Councillor J Lynch withdrew from the meeting at 10.22am during consideration of the following item of business.

Pl/198/1/07  Formation of 'Grasscrete' Car Parking Area and Recycling Compound at St Catherine's RC Primary School Playing Field, Drovers Lane, Penrith for Mr R Gaisely (06/0871)

The Committee received a presentation from Mr Carter in objection to the application.

The Committee received a presentation from Mr Gaisley in support of the application.

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

1. No recycling containers or receptacles shall be emptied, collected or delivered outside the period 0800-1800 hours.
2. No facilities for the recycling of glass shall be provided without the prior written approval of the Local Planning Authority.

Reasons

1 & 2   In order to protect residential amenity.

Councillor J Lynch re-joined the meeting at 10.42am

Pl/199/1/07  Marquee for Weddings and Similar Events, Brackenbank Lodge, Lazonby for Mr and Mrs R R S Burton (06/0877)

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

1. The marquee shall only be permitted to play music between the hours of 10.00am and 23.00
2. Noise levels on the site shall be limited to an A-weighted noise level on the dance floor of 75Db(a)

Reasons:

1. & 2. In order to protect the amenity of nearby residential property.

The meeting adjourned at 10.50am

The meeting re-convened at 10.58am

Pl/200/1/07  Erection of Single-Storey Dwelling with Attached Garage, Meg Bank Farm, Stainton for Lakes Free Range Egg Company

Councillor B Huddleston spoke in his capacity as local member and abstained from the vote.

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 reference nos. 06/854/01 and 06/854/02 hereby approved dated 12 June 2006 and shall not be varied other than by prior agreement in writing by the local planning authority.
3. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification)
   1. No extensions shall be carried out to the dwelling
   2. No garages or carports shall be erected within the curtilage of the dwelling
   3. Other than those expressly authorised by this permission, unless planning permission for such development has been granted by the Local Planning Authority
4. The occupation of the dwelling shall be limited to a person solely or mainly working, or last working, in the locality in agriculture or in forestry, or a widow or widower of such a person, and to any resident dependants.

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. In order that the Local Planning Authority may retain control over additions to the dwelling that would otherwise be permitted but which might add such value to the property that it would remove it from the agricultural community.
4. To ensure that a separate residential dwelling is not created within the business use as the site is within an area where the policy of the Local Planning Authority is not to permit residential development and the condition is designed to ensure that the proposed dwelling is available to meet the need for which the exception was made.

Pl/201/1/07  Installation of 15 metre high Wind Turbine and Associated Store and Generator, Land to the Rear of Carrock House, How Hill, Hutton Roof for Carrock Cottages (06/0738)

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 drawing nos. A2769/1A, A2769/2, A2769/3, A2769/4, A2769/5, A2769/6 and A2769/7 received 7 September 2006 and shall not be varied other than by prior agreement in writing by the Local Planning Authority.
3. Should the wind turbine hereby approved become redundant, within six months of the turbine and associated ground equipment becoming redundant it shall be removed and the land re-instated in accordance with a scheme to be agreed in writing with the Local Planning Authority

Reasons:

1. In order to comply with the provisions of the Planning and Compulsory Purchase Act 2004.
2. In the interests of the local amenity
3. In the interest of visual amenity.

Pl/202/1/07  Siting of Residential Caravan, Eden Park, Viol Park Road, Renwick for A Young (06/0805)

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

1. The caravan hereby permitted shall be removed and the site restored to its former condition by 31 January 2010.
2. The development hereby granted shall be carried out strictly in accordance with the details and plans reference nos. HA/AY/04/2006/001, HA/AY/04/2006/002 and HA/AY/04/2006/003 hereby approved dated 4 October 2006 and shall not be varied other than prior agreement in writing by the local planning authority.

Reasons

1. The application is for a temporary permission, and as such a proposal would not be considered appropriate for permanent occupation.
2. To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.

Pl/203/1/07  Erection of Double Garage, Glenwood House, The Butts, Alston for Mr M Ridley (06/0876)

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. Prior to the commencement of the development precise details of the colours of the external finish materials shall be agreed in writing with the local planning authority and the development shall then only proceed in accordance with the details agreed.
3. The development hereby granted shall be carried out strictly in accordance with the details and plans shown on drawing number P1 received 7 November 2006 and shall not be varied other than by agreement to condition Number 2 or otherwise by prior agreement in writing by the Local Planning Authority.

Reasons:

1. In order to comply with the provisions of the Town and Country Planning Act 1990.
2. To ensure that the materials harmonise with the surroundings.
3. To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.

Pl/204/1/07  Exclusion of the 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/205/1/07  Minutes

Minutes Pl/184/12/06 to Pl/186/12/06 of the meeting of this Committee held on 14 December 2006 were approved as a correct record of those proceedings.

Pl/206/1/07  Six Monthly Enforcement Report

The Committee considered a report of the Director of Technical Services updating Members of planning enforcement issues since the previous six monthly report presented in June 2006.

RESOLVED that the contents of the report be noted.

Councillor H Threlkeld left the meeting at 11.46am

The following minutes Pl/207/1/07 to Pl/208/1/07 contain 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.

Pl/207/1/07  Unauthorised Siting and Occupation of a Residential Caravan, Land Near Alston (paragraph 6)

The Committee considered report TS4-07 of the Director of Technical Services detailing options for further action in relation to the service of an enforcement notice.

The Committee approved the instigation of prosecution proceedings for an offence committed under section 179 of the Town and Country Planning Act 1990, and appropriate action to remedy a continuing breach.

Pl/208/1/07  Unauthorised Advertisement, Field Adjacent M6 Motorway Northbound, near Calthwaite, Penrith (paragraph 5 and 6)

The Committee considered report TS5-07 of the Director of Technical Services detailing the circumstances of an unauthorised advertisement.

The committee approved prosecution proceedings to be taken for the offence committed under section 224 of the Town and Country Planning Act.

The meeting closed at 12.04pm