Planning Applications Committee Minutes - 24 May 2007

Present:

Pl/4/5/07   Apologies for Absence

Apologies for absence were received from Councillors J C Lynch, Mrs G M Lumley, J M Holliday and G M Nicolson.

Pl/5/5/07   Minutes

Members were advised that, due to the short time period between this meeting and the last meeting of the Committee, the minutes of the meeting held on 17 May 2007 had yet to be circulated.

RESOLVED that minutes 1/5/07 to 3/5/07 be deferred for approval until the next meeting of this Committee.

Pl/6/5/07   Declarations of Interest

1. Councillor J G Thompson declared a personal interest in respect of application 5 on agenda item 5d due to the fact that his daughter is employed by the applicant.
2. Councillor Mrs M E Wilcox declared a personal interest in respect of application 2 on agenda item 5d due to the fact that her husband used to work for the applicant.
3. Councillor Mrs A D Richardson declared a personal and prejudicial interest in respect of application 3 on agenda item 5d due to the fact that she knew the applicant personally.
4. Councillors Mrs E Langan, Mrs M E Wilcox and Mrs J E Raine all declared that they had been lobbied in respect of application 3 on agenda item 5d.

Pl/7/5/07   Appeal Decision Letters

The Committee considered report TS63-07 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/8/5/07   Applications Determined under Officer Delegated Powers for the Month of April 2007

The Committee was advised of the applications for planning permission which had been determined by the Director of Technical Services in April 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 April 2007 (attached to these minutes as Appendix A - PDF: 159Kb / 6 pages) be noted.

Pl/9/5/07   Reasons for Refusal on Delegated Decisions for the Month of April 2007

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

RESOLVED that the report (attached to these minutes as Appendix B - PDF: 470Kb / 4 pages) be noted.

Pl/10/5/07   Application Recommendations made under Officer Delegated Powers for County Matters for the Month of April 2007

The Committee was advised of the following application recommendation made under officer delegated powers for county matters for the month of April 2007:

RESOLVED that the list of decisions be noted.

Pl/11/5/07   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/12/5/07   Chairman's Announcements

The Chairman requested that the running order of the applications on agenda item 5d be changed to enable speakers on applications 1 - 4 to address the Committee.

RESOLVED that application 3 be dealt with first, application 2 be dealt with second, application 4 be dealt with third, application 5 be dealt with fourth and application 1 be dealt with last.

Councillor Mrs A D Richardson left the meeting at 1.12pm and did not take part in, nor seek to influence, the debate or vote on the following item of business.

Pl/13/5/07   Outline Application for an Agricultural Workers Dwelling at Crossfell House Farm, Milburn for Mr R Armstrong (07/0201)

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

The Committee received a presentation from Mr Michael Bryan, the applicant's agent, in support of the application.

Moved by Councillor B Metz
Seconded by Councillor J G Thompson

That planning permission be REFUSED.

A vote was taken when there were:

For the motion - 6
Against it - 5
Abstentions - 1

The motion was carried and it was RESOLVED that planning permission be REFUSED for the following reasons:

1. The Local Planning Authority would not be prepared to grant planning approval for development in this open rural location other than where justified on the grounds of proven agricultural need. No such need has, in the Council's view, been adequately established.  The proposal would thereby be contrary to the aims of Planning Policy Statement 7: Sustainable Development in Rural Areas and Policy H6 of the Eden Local Plan Housing Review (2004).
2. The proposed development, by reason of its location in the open countryside, would detract from the character and appearance of the area.  The proposal would thereby be contrary to the aims of Eden Local Plan Policy NE1 and NE2 and Policy H6 of the Eden Local Plan Housing Review (2004).

Councillor Mrs A D Richardson rejoined the meeting at 1.45pm.

Pl/14/5/07   Erection of Live and Work Unit following Demolition of Existing Buildings at the Former Petrol Filling Station and Garage, Motherby for I J Curry Building Contractor (06/0591)

The Committee received a presentation from Councillor S Simpson as the local ward member in support of the application.

Motion by Councillor B Metz
Seconded by Councillor J M Smith

That planning permission be REFUSED.

A recorded vote was taken when there were:

The motion was carried and it was RESOLVED that planning permission be REFUSED for the following reason:

1. The proposed development would provide a house in an unsustainable location outside of the identified key and local service centres, within which new housing developments should be focussed. The proposal fails to provide  exceptional justification compromising the Council's ability to effectively distribute housing sustainability in accordance with the spatial strategy and the principle of the sequential test contrary to the relevant provisions of PPG3 (Housing); policy DP1 of RPG 13; policies ST3 (Principles applying to all new development) and ST5 (new development and Key Service Centres outside the Lake District National Park) of the Cumbria and Lake District Joint Structure Plan 2001 - 2016, Adopted April 2006; and policies H1 (Priorities for housing development) and H3 (Settlements with no allocation) of the Council's revised housing policies October 2004.

Pl/15/5/07   Proposed Replacement Chapel and Activity Rooms at land adjacent to Dolby Hill Road End for The Trustees of Castle Sowerby Chapel (07/0224)

The Committee received a presentation from Councillor G R Savage as the local ward member in support of the application.

RESOLVED that planning permission be APPROVED subject to the applicant entering into Section 106 Agreements with the Council in respect of the removal of the present Chapel and the restoration of the land upon which it stands and subject also 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 approval of the last reserved matters to be approved, which is the latter.
2. Application for approval of all reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.
3. Approval of the details of the siting, design and external appearance of the building(s), means of access thereto 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. The development shall not commence until visibility splays providing clear visibility of 120m x 2m x 120m measured down the centre of the access road and the nearside channel line of the major road have been provided at the junction of the access road with the county highway.  Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order) relating to permitted development, no structure, vehicle or object of any kind shall be erected, parked or placed and no trees, bushes or other plants shall be planted or be permitted to grown within the visibility splay which obstruct the visibility splays.  The visibility splays shall be constructed before general development of the site commences so that construction traffic is safeguarded.
5. The roadside ditch shall be piped at the access prior to the development being brought into use, in accordance with details which have first been submitted for approval by the Local Planning Authority.  The construction shall be in accordance with a specification which has been approved by the Local Planning Authority.
6. The use shall not be commenced until the access and parking requirements have been constructed in accordance with the approved plan.   Any such access and or parking provision shall be retained and be capable of use when the development is completed and shall not be removed or altered without the prior consent of the Local Planning Authority.
7. The whole of the access area bounded by the carriageway edge, entrance gates and the splays shall be constructed and drained to the specification of the Local Planning Authority in consultation with the Highway Authority.

Reasons

1. In order to comply with the provisions of the Planning and Compulsory Act 2004.
2. In order to comply with the provisions of the Planning and Compulsory Purchase Act.
3. The application is in outline form only and is not accompanied by full detailed plans.
4. In the interests of road safety.
   To support Local Transport Plan Polices: S3,LD7
5. In the interests of safety.
   To support Local Transport Plan Policies: S3, LD9, LD7, LD5
   
6. To ensure a minimum standard of access provision when the development is brought into use.
   To support Local Transport Plan Policies: S3, LD7, LD13, P10, LD5 and Structure Plan Policy: T32.
   
7. In the interests of road safety.
   To support Local Transport Plan Policies: S3, LD7, LD11, LD5

Pl/16/5/07   Erection of Three New Masts and Associated Arrays at Skelton Transmitting Station, Skelton Pastures for VT Communications (07/0244)

The Committee received a presentation from Councillor G R Savage as the local ward member.

RESOLVED that planning permission be APPROVED.

Councillor Mrs J E Raine declared a personal interest in the following item of business due to the fact that she knows the applicant's family.

Pl/17/5/07   Proposed Conversion of Part of Redundant Barn to Create Flat at Ellergill, Gaisgill for P and D R Whitehead (07/0156)

Motion by Councillor B Metz
Seconded by Councillor H Sawrey-Cookson

That the Committee be minded to APPROVE planning permission on the basis that a Section 106 Agreement is sought and that this property be ancillary to the main dwelling and for the sole occupation of members of the family who occupy the main dwelling.

Councillor B Metz subsequently withdrew this motion on the advice of officers.

Further motion by Councillor B Metz
Duly seconded

That planning permission be REFUSED.

A vote was taken when there were:

For the motion - 6
Against it - 0
Abstentions - 4

It was, therefore, RESOLVED that planning permission be refused for the following reasons:

1. The proposed site lies outside any identified Key or Local Service Centre within an area identified as the Countryside. Therefore the proposal is contrary to H5 and H6 of the Eden Local Plan Review Housing Policies, Policy ST1 and ST7 of the Cumbria and Lake District joint Structure Plan 2001-2016 Adopted Plan, April 2006 and PPS7. The justification for the application is not considered sufficient to override policy considerations and approval would create precedent for others within the countryside without a justifiable need.
2. The site occupies a prominent position at the entrance to the village.  It is considered that the form and scale development likely to result from the use proposed would conflict with and be detrimental to the visual and residential character of the area.  No need is established which is considered sufficient to outweigh the conflict which would occur.

The meeting closed at 2.50pm