Planning Applications Committee Minutes - 20 September 2007

Present:

Pl/76/9/07  Election of Chairman

Nomination by Councillor J Thompson
Seconded by Councillor H Threlkeld

And RESOLVED that in the absence of the Chairman and Vice-Chairman, Councillor M Davidson be elected Chairman for this meeting.

Pl/77/9/07  Apologies for Absence

Apologies for Absence were received from Councillors R Turner and Mrs E Langan

Pl/78/9/07  Minutes

Minutes Pl/61/8/07 to Pl/75/8/07 of the meeting of this Committee held on 16 August 2007 were approved as a correct record of those proceedings.

Pl/79/9/07  Declarations of Interest

Councillor J Thompson declared a personal interest in item 2 of the items for debate (4 Brunswick Road, Penrith) in his capacity as local ward member.
Councillor Mrs G Lumley declared a personal interest in item 1 of the items for debate (Site at Bridge Street, Church Brough) as she is acquainted with the applicant's wife.
Councillor M Davidson declared a personal interest in item 2 of the items for debate (4 Brunswick Road, Penrith) as he is acquainted with the applicant.

Pl/80/9/07  Housing Permissions Monitoring

The Committee considered report TS126-07 of the Director of Technical Services detailing the Council's position in respect of housing permissions against the 'ceilings' contained within adopted planning policy.  The report confirmed the number of planning permissions granted during the first quarter of 2007 (April to June 2007), and the number of permissions granted for the year April 2006 to March 2007.

RESOLVED that the report be accepted

Pl/81/9/07   Applications Determined under Officer Delegated Powers for the Month of August 2007

The Committee was advised of the applications for planning permission which had been determined by the Director of Technical Services in August under powers delegated to him as detailed in agenda item 5a.

RESOLVED that the list detailed in Applications Determined Under Officer Delegated Powers for the Month of August 2007 (attached to these minutes as Appendix A - PDF: 118 Kb / 10 pages) be noted.

Pl/82/9/07   Reasons for Refusal on Delegated Decisions for the Month of August 2007

The Committee considered the reasons for refusal on delegated decisions for the month of August 2007 as detailed in agenda item 5b.

RESOLVED that the report (attached to these minutes as Appendix B - PDF: 84Kb / 6 pages) be noted.

Pl/83/9/07  Application Recommendations made under Officer Delegated Powers for County Matters for the Month of August 2007

The Committee considered the application recommendations made under officer delegated powers for county matters for the month of August 2007 as detailed in agenda item 5c.

RESOLVED that the list detailed in Application Recommendations made under Officer Delegated Powers for County Matters for the Month of August 2007 (attached to these minutes as Appendix C - PDF: 26 Kb / 1 page) be noted.

Pl/84/9/07  Decisions of the Lake District National Park Authority in respect of the Applications for Planning Permission for the Month of August 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 August 2007:

RESOLVED that the list of decisions be noted. (attached to these minutes as Appendix D - PDF: 17 Kb / 1 page)

Pl/85/9/07   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/86/9/07  Site Adjacent to Church Brough Bridge, Bridge Street, Church Brough for Mr K Bowman (07/0499)

The Committee received a presentation from Ailsa McKenzie in objection to the application

The Committee received a presentation from Mr T Woof on behalf of the Applicant

Motion by Councillor J M Smith
Seconded by Councillor J Lynch

That

1. the Committee be minded to approve the application because of the importance of Housing Policies weighed against the preservation of Conservation Areas, and
2. confirmation be sought such that the developer will agree to enter into an agreement limiting the development to use for affordable housing together with a local occupancy clause in perpetuity.

Amendment by Councillor Mrs M Wilcox
Seconded by Councillor H Threlkeld

And RESOLVED that the Committee undertake a Site Visit for reasons of complex site characteristics

On being put as the Substantive motion, and carried, it was RESOLVED accordingly

Councillor J M Smith left the meeting at 10.30am

Pl/87/9/07  4 Brunswick Road, Penrith for Mr M Arragon (07/0522)

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

The Committee received a presentation from Mr B Payne on behalf of the applicant

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.
   
   Reason In order to comply with the provisions of the Planning and Compulsory Purchase Act 2004.
2. The development hereby granted shall be carried out strictly in accordance with details and plans hereby approved received on 20 June 2007 and shall not be varied other than by prior agreement in writing by the Local Planning Authority.
   
   Reason To ensure satisfactory development and to avoid any ambiguity as to what constitutes the permission
3. The occupation of the dwelling 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
   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.
      
      Reason: In order to comply with Policy H1 of the Eden Local Plan Review Housing Policies and Policy ST11 of the modification of the Structure Plan 2005.
      
      Definition of Locality this term will be taken to apply to the Parish, or if no potential occupier meeting the criteria listed above can be located in the Parish, then any of the surrounding Parishes, then subsequently the District as a whole, then finally in the County as a whole. A period of marketing of one year in total is considered appropriate.
4. New ground floor windows and doors abutting the highway shall be of a type which cannot open outwards into the highway.
   
   Reason In the interests of Highway Safety.

Pl/88/9/07  Kick-about area, Alston Recreation Ground, Fairhill, Alston for P Godwin (Alston Recreation Ground Trust) (07/0542)

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

The Committee received a presentation from Pat Godwin in support of the application

RESOLVED (unanimously) 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 approved (details received on 25 June 2007) and shall not be varied other than by prior agreement in writing by the Local Planning Authority.
3. The floodlighting hereby approved shall not be illuminated beyond 21:30 hours each evening.

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. To protect the amenity of local residents.

Pl/89/9/07  Alderside, Main Street, Brough for Mrs L Henderson (07/0202)

Motion by Councillor G Nicolson

Seconded by Councillor J Thompson

That the Committee be minded to refuse the application on the grounds that it does not comply with existing planning policies.

A vote was taken and it was RESOLVED that the Committee be Minded to Refuse the application and that reasons for refusal be considered at the next full meeting of the Committee.

Pl/90/9/07  Mansgrove Farm, Bolton for Mr K Braithwaite (07/0315)

RESOLVED that the Committee undertakes a site visit for reasons of complex site characteristics.

Pl/91/9/07  4 Market Street, Kirkby Stephen for Marstons Brewery (07/0476)

RESOLVED that the withdrawal of the application be noted

Pl/92/9/07  Date for site visits

The Committee site visits would take place on Thursday 4 October, the times to be agreed in consultation with the Chairman of the Committee.

Pl/93/9/07  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 item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 5 and 6 of Part 1 of Schedule 12A of the Act.

Councillors R Fisher and J Lynch left the meeting at 11.46am

The meeting adjourned at 11.46am

The meeting re-convened at 11.52am

Pl/94/9/07  Six Monthly Enforcement Report (paragraphs 5 and 6)

The Committee considered report TS127-07 of the Director of Technical Services updating Members on the progress made in respect of planning enforcement issues since the last six monthly enforcement report, presented in January 2007.

RESOLVED that the contents of the report (Appendix E - confidential) be noted

The meeting closed at 12.10pm