Planning Applications Committee Minutes - 20 December 2007

Present:

Pl/142/12/07 Apologies for Absence

Apologies for absence were received from Councillors B Metz and Mrs M Wilcox

Pl/143/12/07 Minutes

Minutes Pl/122/11/07 to Pl/140/11/07 of the meeting of this Committee held on 15 November 2007 were approved as a correct record of those proceedings.

Pl/144/12/07 Declarations of Interest

Councillor Mrs E Langan declared a personal interest which was prejudicial in item 9 (4 Market Arcade, Appleby-in-Westmorland) of the applications for consideration, in respect of her membership of Appleby Town Council.

Councillor J Thompson declared a personal interest in item 6 (Stratheden, Langwathby) as he was acquainted with the applicant.

Councillor Mrs G Lumley declared a personal interest in item 7 (Site adjacent Church Brough Bridge) in respect of her relationship to the applicant by marriage. She declared a personal interest in item 4 (3 South Road, Kirkby Stephen) as she had been lobbied and had attended a site visit.

Councillor J M Holliday declared a personal interest in item 6 (Stratheden, Langwathby) in that he was acquainted with the applicant and that the grounds of the site adjoined land owned by his brother.

Pl/145/12/07 Appeal Decision Letters

The Committee considered report TS170-07 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/146/12/07 Levy Farm, Low Moor Dyke, Millhouse (07/0759)

The Committee considered report TS162-07 of the Director of Technical Services setting out suggested wording for possible conditions should the Committee resolve to approve the application for planning permission considered at the previous meeting on 15 November 2007.

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

1. The development hereby 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 approval of the last reserved matters to be approved, whichever is the later.
   
   Reason: In order to comply with the provisions of the Planning and Compulsory Purchase Act 2004.
2. Approval of the details of the design and external appearance of the building 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.
   
   Reason: The application is in outline form only and is not accompanied by full detailed plans.
3. The development hereby granted shall be carried out strictly in accordance with the details and plans hereby approved drawing received 7 September 2007 and shall not be varied other than by prior agreement in writing by the Local Planning Authority.
   
   Reason: To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.
4. Samples of the materials to be used for the external surfaces of the development shall be submitted to and approved in writing by the Local Planning Authority before any part of the development is commenced, and this condition shall apply notwithstanding any indications as to these matters which have been given in this application. The development shall then be carried out in accordance with the approved details.
   
   Reason: To ensure that the materials used harmonise with the surroundings.
5. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no additions or extensions to the dwellinghouse or additions.
   
   Reason: To ensure the size of the property is commensurate with requirement of an agricultural workers dwelling and to maintain proper planning control of an exceptional development.
6. The occupation of the dwelling shall be limited to a person solely or mainly employed, or last employed, in the locality in agriculture as defined in Section 336(1) of the Town and Country Planning Act 1990, or in forestry, or a widow or widower of such person and to any resident dependants.
   
   Reason: 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 agricultural or forestry need for which the exception was made.
7. The new access as approved shall be constructed before any part of the development permitted is first occupied or brought into use.
8. Reason: In the interests of highway safety.

Pl/147/12/07 Applications Determined under Officer Delegated Powers for the Month of November 2007

The Committee was advised of the applications for planning permission which had been determined by the Director of Technical Services in November 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 November 2007 (Attached to these minutes as Appendix 1 - PDF: 41 Kb / 5 pages) be noted.

Pl/148/12/07 Decisions of the Lake District National Park Authority in Respect of the Applications for Planning Permission for the Month of November 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 November 2007.

RESOLVED that the list of decisions of the Lake District National Park Authority be noted (Attached to these minutes as Appendix 2 - PDF: 35 Kb / 2 pages).

Pl/149/12/07 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, and of satisfactory replies.

Pl/150/12/07 Retrospective Application for the erection of a Wooden Shed, Walton's Place, Stainton for Mr M Finnie (07/0683)

The Committee received a presentation from Mr R Wood in objection to the application, on behalf of the occupier of the neighbouring property.

The Committee received a presentation from Mrs Finnie in support of the application.

RESOLVED that Planning permission be granted 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 herby granted shall be carried out strictly in accordance with the details and plans hereby approved (details received on 10 August, 13 August, 4 October and 10 October 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.

Pl/151/12/07 Conversion of existing building to provide a two bed holiday unit, Foresters Hall, Kirkby Thore for J Todhunter (07/0804)

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

1. RESOLVED that Grant Planning Permission 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 amended plans hereby approved (amended plan received by the local planning authority on 20 November 2007) and shall not be varied other than by prior agreement in writing by the local planning authority.
   3. The development hereby approved shall be used for holiday purposes only and not for any use falling within Class C3 (Dwellings) of the Use Classes (Amendment) Order 2005 or any Order replacing or re-enacting that Order.
   4. The premises shall not be used at any time as sole and principal residences by any occupants.
   5. The premises shall not be used as a second home by any person.
   6. The premises shall not be let to any person or connected group of persons for any period exceeding eight weeks in any one calendar year.
   7. A bound register detailing the occupation of the holiday accommodation hereby approved shall be maintained at all times and shall be made available for inspection by the Local Planning Authority on request. The register shall comprise of consecutively numbered pages, which shall be kept in order, and each entry shall contain the name and address of the principal occupier together with the dates of their occupation.
   8. Prior to the carrying out of any construction works the existing building occupying the site shall be recorded in accordance with a Level 3 survey as described by Environment Heritage's document Understanding Historic Buildings A Guide to Good Recording Practice, 2006 and following its completion, 3 copies of that survey shall be furnished to the Local Planning Authority.
   9. The windows in the north east elevation hereby approved shall be constructed of timber and fitted with non-opening or top-hung windows fitted with obscure glazing of a type to be submitted for approval by the local planning authority and shall thereafter be permanently retained.
   Reasons:
   1. To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.
   2. To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.
   3. - 7. The development hereby approved is justified as being a tourist holiday accommodation-based scheme and is in a location where unjustified market-led residential development would be contrary to the revised Policy H14 of the Eden Local Plan Review (2004).
   4. To ensure that a permanent record is made of the building of architectural and historic interest prior to its alteration as part of the proposed development.
   5. To ensure that the character and attractive appearance of the building is not harmed by inappropriate alteration and to protect the privacy and amenity of neighbouring properties.
2. RESOLVED that listed building consent be granted 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 amended plans hereby approved (amended plan received by the local planning authority on 20 November 2007) and shall not be varied other than by prior agreement in writing by the local planning authority.
   3. Prior to the carrying out of any construction works the existing building occupying the site shall be recorded in accordance with a Level 3 survey as described by Environment Heritage's document Understanding Historic Buildings A Guide to Good Recording Practice, 2006 and following its completion, 3 copies of that survey shall be furnished to the Local Planning Authority.
   4. The windows in the north east elevation hereby approved shall be constructed of timber and fitted with non-opening or top-hung windows fitted with obscure glazing of a type to be submitted for approval by the local planning authority and shall thereafter be permanently retained.
   Reasons:
   1. To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.
   2. To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.
   3. To ensure that a permanent record is made of the building of architectural and historic interest prior to its alteration as part of the proposed development.
   4. To ensure that the character and attractive appearance of the building is not harmed by inappropriate alteration.

Pl/152/12/07 Erection of one split level detached dwelling, one detached bungalow and one pair of semi-detached bungalows. Stratheden, Langwathby for Mrs M Harrison (07/0056)

The Committee received a presentation from Mr B Payne in objection to the application

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

Councillor J M Holliday addressed the Committee in his capacity as Ward Member for this application.

Motion by Councillor J M Holliday
Seconded by Councillor H W Threlkeld

And RESOLVED that the Committee undertakes a site visit in view of the complex site characteristics.

Pl/153/12/07 Change of use of part agricultural field to domestic garden and parking provision. Land adjacent Belmont, 3 South Road, Kirkby Stephen for A E Metcalf (07/0834)

Mrs G Lumley addressed the Committee in her capacity as local Ward Member for this application

RESOLVED that the application be refused for the following reason:

1. The scale and location of the extension to residential curtilage sought, is such that it would have a significant adverse impact on the character and amenity of the immediate vicinity which is typified by small scale, narrow street frontages and the strongly defined boundary between the built form and adjacent undeveloped agricultural land.

Pl/154/12/07 Extensions and Alterations to include first floor extension and dormer windows to front and rear. Wayside, Temple Sowerby for Mr and Mrs Fearns (07/0858)

RESOLVED that planning permission be granted 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 number 0728-02 A received 21 November 2007) and shall not be varied other than by prior agreement in writing by the local planning authority.
3. The proposed windows in the proposed bathroom and dressing room as shown on drawing 0728 - 01 A hereby approved shall be fitted with non-opening or top-hung windows fitted with obscure glazing and shall thereafter be permanently retained.

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/155/12/07 Proposed affordable housing. Site adjacent to Church Brough Bridge, Bridge Street, Church Brough for Mr K Bowman (07/0499)

The Committee received a report of the Director of Technical Services updating Members on the application for affordable housing considered at a previous meeting of the Committee held on 20 September 2007. Members were minded to approve the application at that meeting. Since previous consideration of the application, correspondence, including a petition from residents and a letter from the Parish Council, had been received and officers were in the process of formal consultation with United Utilities and English Nature.

RESOLVED that the application be deferred for receipt of information from United Utilities and English Nature, a further report to be prepared for consideration by this Committee in due course.

Pl/156/12/07 Residential Development, Land off Bluebell Lane, Penrith for WB Anderson Properties Ltd (07/0681)

Motion by Councillor M Davidson
Seconded by Councillor G Nicolson

And RESOLVED that the Committee be Minded to Approve the application subject to consideration of conditions and of the terms of a section 106 agreement.

Councillor Mrs E Langan withdrew from the meeting at 11.07am during consideration of the following item of business.

Pl/157/12/07 Building to be used as private hire office, 4 Market Arcade, Appleby-in-Westmorland for Mr M Lawrence (07/0823)

RESOLVED that planning permission be granted 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 1 October 2007) and shall not be varied other than by prior agreement in writing by the Local Planning Authority.
3. A window display shall be provided and maintained at all times in the premises fronting onto Boroughgate.
4. The use permitted shall not operate outside 0830 to 2200 hours Monday to Friday, 0930 to 1900 on Saturday, 1000 to 1700 on Sunday and 1000 to 1800 on Bank and Public Holidays.

Reasons:

1. In order to comply with the provision of the Town and Country Purchase Act 2004.
2. To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.
3. To protect the visual amenity of the street scene.
4. In the interests of the living conditions of occupiers of nearby properties.

Councillor Mrs E Langan rejoined the meeting at 11.12am

Pl/158/12/07 Erection of three storey dwelling following demolition of existing barn/garage, 7 Milton Street, Penrith for Mr Mitchel (07/0870)

RESOLVED that planning permission be granted 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 (drawings received on 15 October 2007) and shall not be varied other than by prior agreement in writing by the Local Planning Authority.
3. The occupation of the dwellings hereby approved shall be limited to the following description of persons:
   1. Who currently lives in the relevant locality and has done so for a continuous period of at least three years; and/or
   2. Who works in the relevant locality and has done so for a continuous period of at least three years; and/or
   3. Who has moved away but has strong established and continuous links with the relevant locality by reason of birth or long term immediate family connections; and/or
   4. Who has an essential need through age or disability to live close to those who have lived in the relevant locality for at least three years.

Definition of Locality - This term will be taken to apply to the administrative area of Eden District.

Reasons:

1. Reason - In order to comply with the provisions of the Planning and Compulsory Purchase Act 2004.
2. Reason - To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.
3. Reason - In order to comply with the Council's interim housing policies and Policies ST11, H17 and H19 of the Cumbria and Lake District Joint Structure Plan 2006.

Pl/159/12/07 Committee Site Visit

RESOLVED that the Committee site visit and following meeting will take place on Thursday 10 January 2008 at a time to be determined.

Pl/160/12/07 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/161/12/07 Minutes

Minute Pl/141/11/07 of the meeting of this Committee held on 15 November 2007 was approved as a correct record of those proceedings.

Councillor H W Threlkeld left the meeting at 11.21am

The following minutes Pl/162/12/07 to Pl/163/12/07 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 to Storage and Distribution, Land near Cotehill, Carlisle (Pl/162/12/07)(paragraphs 5 and 6)

The Committee considered report TS163-07 of the Director of Technical Services requesting Members decision as to whether or not enforcement action should be taken in relation to a development without planning permission consisting of the unauthorised use of agricultural land and buildings to a storage and distribution enterprise at Cotehill.

The Committee agreed to serve a Stop Notice and Enforcement Notice

Unauthorised Change in Use to General Industry, Land near Great Musgrave (Pl/163/12/07)(paragraphs 5 and 6)

The Committee considered report TS164-07 of the Director of Technical Services requesting Members decision as to whether or not enforcement action should be taken in relation to a development without planning permission consisting of the unauthorised change in use of agricultural land and buildings to a general industry enterprise in Great Musgrave.

Councillor J M Smith addressed the Committee in his capacity as local Ward Member

The Committee approved the service of an Enforcement Notice

The meeting closed at 12.05pm