Planning Applications Committee Minutes - 18 October 2007

Present:

Pl/100/10/07  Apologies for Absence

Apologies for absence were received from Councillors B Metz and H W Threlkeld

Pl/101/10/07  Minutes

Minutes Pl/95/10/07 to Pl/99/10/07 of the meeting of this Committee held on 4 October 2007 were approved as a correct record of those proceedings.

Pl/102/10/07  Declarations of Interest

1. Councillor J M Holliday declared a personal interest in respect of item 3 on agenda item 7c, applications for discussion as a member of Langwathby Parish Council and therefore one of the trustees of Langwathby Village Hall. He said he would remain in the meeting to answer any queries but take no part in the discussion or consideration thereof
2. Councillor Mrs E Langan declared a personal and prejudicial interest in respect of item 2 on agenda item 7c, applications for discussion, as both parties were known to her.
3. Councillor J Lynch declared a personal and prejudicial interest in item 2 on agenda item 7c as the applicants were known to him. He said he would remain in the meeting but take no part in the discussion or consideration thereof.
4. Councillor Mrs Richardson declared that the applicant of item 1 on agenda item 7c was known to her but that the interest was neither personal nor prejudicial.
5. Councillor J M Smith declared a personal interest in items 6 and 11 on the agenda as he was a close neighbour of the applicant.

The meeting was adjourned at 9.45am due to the sounding of the fire alarm and subsequent evacuation of the building.

The meeting reconvened at 9.50am.

Pl/103/10/07  Appeal Decision Letters

The Committee considered report TS136-07 of the Director of Technical Services which detailed the list of decision letters received since the last meeting.

RESOLVED that the report be noted.

Pl/104/10/07  Proposed Construction of Three Wind Turbines Together With Ancillary Equipment, Tracks and all Associated Work on Land at Hoff Moor for Messrs H P Bainbridge

The Committee considered report TS138-07 of the Director of Technical Services which advised Members that Messrs H P Bainbridge had lodged an appeal with the Planning Inspectorate against the decision of this Council  to refuse an application for the proposed development  of a wind farm consisting of three wind turbines on land at Hoff moor, Drybeck.  Members were asked to ascertain how they wanted the council to be represented at the Inquiry and to consider the associated budgetary position.

RESOLVED that:

1. The Authority be represented at the forthcoming public Inquiry;
2. Appropriate legal and technical representation be secured to represent the Authority;
3. The proposal be supported by using existing budgets to the value of £10,000; and
4. Council be recommended to approve a supplementary estimate of £10,000 to support the costs.

Reason for decision

1. To support the Committee's earlier decision to unanimously refuse planning permission and the weight of public opposition against the development.
2. To allow the Council to promote its opposition to the development in the strongest way.

Other options considered

None.

Pl/105/10/07  Alderside, Main Street, Brough, Kirkby Stephen

The Committee considered report TS137-07 of the Director of Technical Services which requested members to consider further and provide policy reason for possible refusal of application Reference No 07/0202, in relation to the proposed variation of the terms and conditions of approval originally granted under application Reference no 04/0962 for the use of the dwelling known as Alderside, Brough for permanent residential occupation.

RESOLVED that the application be REFUSED for the reason that the proposed development would provide a 'market led' house for local people within an identified key service centre, without exceptional justification, compromising the Council's ability to effectively provide affordable housing contrary to Policy H1 (Priorities for housing development) of the Council's revised housing policies October 2004 Supplementary Planning Guidance.

Reasons for decision

1. The variation proposed by the application is considered to be unjustified and therefore contrary to the aims of relevant adopted and proposed revised Eden Local Plan Housing and Supplementary Planning Policy Guidance

The Chairman considered that the following item should be considered as a matter of urgency at this meeting because a delay of one committee meeting would not be in the best interests of the efficient operation of the service.

Pl/106/10/07  Request for Screening Opinion - Land at Carleton, Penrith

The Committee considered report TS150-07 which requested members to agree the Council's formal screening opinion in respect of this housing development project.  Members were advised that under the Town and Country Planning (Environmental Impact Assessment)(England and Wales)Regulations 1999 require planning authorities to consider whether certain development projects are likely to have a significant effect on the environment and, if they consider this would be the case, ensure the applicants carry out an assessment that identifies, describes and assesses those affects which is submitted as part of the application.

RESOLVED that the developer be advised that the development requires an Environmental Impact Assessment and that the screening opinion is adopted for the following reasons:

1. The development, by virtue of the size and number of dwellings is Schedule 2 development;
2. The scale of the development and its cumulative impact with the adjacent built area of the town will have a significant landscape impact on the local and wider geographical area;
3. The development is within 0.5km of a Scheduled Ancient Monument;
4. The development is within 1km of a Site of Special Scientific interest; and
5. The development is likely to have a transfrontier impact on the control of water in and about the environs of the site and the town.

Reasons for decision

1. There is a legal obligation on the local planning Authority to issue a screening opinion if so requested by the developer.
2. In accordance with the Town and Country Planning (Environmental Impact Assessment)(England and Wales) Regulation 1999, it is concluded that the development would have a significant impact on the environment.

Other options considered

None.

Pl/107/10/07  Applications Determined under Officer Delegated Powers for the Month of September 2007

The Committee was advised of the applications for planning permission which had been determined by the Director of Technical Services in September 2007 under powers delegated to him as detailed in agenda item 7a.

RESOLVED that the list detailed in Applications Determined Under Officer Delegated Powers for the Month of September 2007 (Attached to these minutes as Appendix 1 - PDF: 92 Kb / 4 pages) be noted.

Pl/108/10/07  Reasons for Refusal on Delegated Decisions for the Month of September 2007

The Committee considered the reasons for refusal on delegated decisions for the month of September 2007 as detailed in agenda item 7b.

RESOLVED that the report be noted (Attached to these minutes as Appendix 2 - PDF: 75 Kb / 3 pages).

Pl/109/10/07 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 in response to

Councillor Mrs Langan declared a personal and prejudicial interest in the following application and withdrew from the room during consideration thereof.

Pl/110/10/07  Proposal to demolish existing flat roof single storey garage to be replaced with single bay garage/store with first floor loft/store/recreation space above at 5 Clifford Street, Appleby (07/0646)

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

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

RESOLVED that a site visit be undertaken due to local site concerns.

Pl/111/10/07  Alterations and extensions to provide additional community facilities and change of use of Tennis Court to provide parking area for the Village Hall at Langwathby Village Hall for Langwathby Parish Council (07/0665)

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

The Committee received a presentation from Mr Green in support of the 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. Reason: In order to comply with the provisions of the Planning and Compulsory Purchase Act 2004.
2. The development hereby approved shall be carried out strictly in accordance with the details and plans numbered LVH 001 to 011 received by the local planning authority on 6 August 2007 and shall not be varied other than by prior agreement in writing with the Local Planning Authority.  Reason: To ensure a satisfactory standard of development on the site and to avoid any ambiguity as to what constitutes the permission.
3. Prior to the commencement of development on the site precise details of the slates to be used as a roof covering and the colour of the paintwork finish to the external walls of the building shall be agreed in writing with the Local Planning Authority.  The development shall then only proceed in accordance with such details as may be agreed.  Reason: In order to ensure a satisfactory standard of development on the site commensurate with the character of the area.

Pl/112/10/07  12 No 2 Bed Flats on Plots 1-4 Westmorland Road, Appleby (07/0626)

The Committee were read an email received from Mr Coward objecting to the 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 details and plans Ref Nos 1-4 hereby approved, as dated received by the Local Planning Authority on 20 July 2007, and shall not be varied other than by prior agreement in writing by the local Planning Authority.
3. Notwithstanding the materials hereby approved samples of the proposed roofing materials and the colour of the render shall be submitted to the Local Planning Authority prior to the commencement of the development.
4. Notwithstanding the development detail hereby approved, amended plans showing both the provision of a visibility splay of 33m by 2.4m by 33m at the junction of the proposed road with the Westmorland Road, together also with amended plans showing the proposed car parking along the Westmorland Road to be set back so as to be clear of the future adopted section of the public highway, shall be provided and approved in writing by the Local Planning Authority in conjunction with the Highway Authority before development commences on the site.
5. Prior to any dwelling/flat being brought into use the respective off street parking shall be provided and retained thereafter unless prior written consent has been submitted to and approved by the Local Planning Authority.
6. Any soil/material to be imported to the site for use in garden areas, soft landscaping, public open spaces, filling and level raising, shall be tested for contamination and assessed for its suitability for the proposed development.  A suitable methodology should include the sampling frequency, testing schedules, criteria against which the analytical results will be assessed (as determined by the risk assessment) and source material information.  The analysis shall then be carried out and valid evidence submitted to and approved in writing by the Local Planning Authority.
7. The developer, at his/her expense shall provide a suitable trespass proof fence adjacent to Network Rails boundary with a minimum height of 1.8 metres, and shall thereafter make provision for its future maintenance and renewal.  The details of such boundary treatment shall be submitted to the local Planning Authority, in writing prior to the occupation of the dwellings.
8. The site shall be lit to a suitable standard for adoption, and without implication to the safety of the adjacent railway.
9. No tree on, or adjacent to an overhanging the site from the Settle-Carlisle Conservation Area shall be felled, lopped topped, uprooted, layered or suffer disturbance to roots without prior consent in writing of the Local Planning Authority.  The protection of such trees, including their root systems and those on or overhanging the shared boundary, shall be ensured by a detailed scheme to be agreed with the Local Planning Authority prior to the commencement of Development on the site.

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 the interest of the visual amenity of the site and the surrounding area.
4. In the interest of operational and highway safety.
5. In the interest of pedestrian and highway safety.
6. To ensure the development shall be 'suitable to use' with respect to land contamination and that no contaminated soil/materials are imported to the site so that no significant risks are present.
7. In the interest of the safety of future occupiers of the site, and the visual amenity of the site.
8. In the interest of the safety of future occupiers of the site, and users of the adjacent railway.
9. In the interests of both the sites and surrounding amenity.

Pl/113/10/07  Conversion of and extension of existing dwellings into flats to provide 17 residential units and erection of detached building to form guest house with owner's accommodation on land and buildings at Victoria House Penrith for Eden Housing Association and Atkinson Homes (07/0268)

RESOLVED that the Director of Technical Services be authorised to exercise delegated powers to APPROVE the application subject to agreeing suitable conditions:

Pl/114/10/07  Proposed Extension to Bagging Line Building at Clifton Moor, Clifton for A W Jenkinson Forest Products

RESOLVED that the application be APPROVED.

Pl/115/10/07  Building, Car Park and Menu Signage on Land Adjacent to B & Q Bridge Lane for Mulcroft Ltd

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

Councillors G Nicolson,H Sawrey-Cookson and M Smith left the meeting at 12.00pm.

Pl/116/10/07  Confirmation of Site Visits

RESOLVED that a site visit and subsequent Planning Applications Committee be undertaken on Thursday 1 November 2007 at a time to be determined.

Pl/117/10/07  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 & 6 of Part 1 of Schedule 12A of the Act.

The following minutes Pl/118/10/07 to Pl/119/10/07 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.

Unauthorised Change in Use of Land to Haulage Depot, Penrith (Pl/118/10/07)(Paragraphs 5 & 6)

The Committee considered report TS132-07 of the Director of Technical Services which requested Members consideration as to whether it would be expedient to instigate enforcement action in respect of the unauthorized change in use of land to a haulage depot at Penrith

The Committee approved the recommendations on the report.

Breach in Section 106 Holiday Occupancy Agreement, Brough (Pl/119/10/07)(Paragraphs 5 & 6)

The Committee considered report TS131-07 of the Director of Technical Services which asked members to consider whether or not it would be expedient to instigate enforcement action, in respect of the breach in a Section 106 holiday occupancy agreement at Brough.

The Committee approved the recommendations on the report.

The meeting closed at 12.15pm