Planning Applications Committee Minutes - 17 April 2008

Present:

Pl/228/4/08Apologies for Absence

Apologies for absence were received from Councillors Mrs E Langan, H W Threlkeld, J G Thompson, W Patterson and B Metz.

Pl/229/4/08 Minutes

Minutes Pl/203/3/08 to Pl/225/3/08 of the meeting of this Committee held on 20 March 2008 were approved as a correct record of those proceedings.

Pl/230/4/08Declarations of Interest

Councillor J M Holliday declared a personal and prejudicial interest in application 9 on agenda item 5d (Scaur House, Langwathby) as he lived opposite the property concerned and his son had written a letter objecting to the application. Councillor Holliday would speak on the item as the local ward Member and then withdraw from the meeting prior to the debate and vote on the issue.

Pl/231/4/08Appeal Decision Letters

The Committee considered report TS30-08 of the Director of Technical Services which detailed the list of decision letters received since the last meeting.

In respect of applications 07/0548 and 07/0567 the Legal Services Manager advised that, having considered the advice from Counsel, it was unlikely that the Council would be challenging the Inspector's decision. It was acknowledged that the Council's definition of local occupation conditions would need to be strengthened to avoid a similar situation occurring in the future.

Councillor R Burgin joined the meeting at 9.39am.
Councillor J C Lynch joined the meeting at 9.41am.

RESOLVED that the report be noted.

Pl/232/4/08 Applications Determined Under Officer Delegated Powers for the Month of March 2008

The Committee was advised of the applications for planning permission which had been determined by the Director of Technical Services in March 2008 under powers delegated to him.

RESOLVED that the list detailed in applications determined under officer delegated powers for the month of March 2008 - Appendix A (PDF: 75 Kb / 8 pages) be noted.

Pl/233/4/08 Reasons for Refusal on Delegated Decisions for the Month of March 2008

The Committee considered the reasons for refusal on delegated decisions for the month of March 2008.

RESOLVED that the report - Appendix B (PDF: 142 Kb / 15 pages) be noted.

Pl/234/4/08 Decisions of the Lake District National Park Authority in Respect of the Applications for Planning Permission for the Month of March 2008

The Committee was advised of the decisions of the Lake District National Park Authority for planning permission for the month of March 2008.

RESOLVED that the list of decisions of the Lake District National Park Authority for planning permission for the Month of March 2008 (attached to these minutes at Appendix C) - (PDF: 24 Kb / 2 pages) be noted.

Pl/235/4/08 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/236/4/08 Chairman's Announcements

The Committee was advised that application 2 on agenda item 5d (Bloomsberry, Hardback and Cotterill, Nenthead, Alston) had been withdrawn. The order that the remaining applications were to be considered in was subsequently altered.

In respect of application 8 on agenda item 5d (Former joiners' workshop adjacent to Glenrowan, High Street, Morland), the Chairman declined a request by Morland Parish Council to address the Committee since no advance notification had been received and the applicant had chosen not to speak on the matter.

Pl/237/4/08 Erection of five dwellings, land off Front Street, Armathwaite for Atkinson Homes (07/0506)

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

The Committee received a presentation from Mr Bruce Armstrong-Payne on behalf of the applicant.

Motion by Councillor H Sawrey-Cookson
Seconded by Councillor R Burgin

That the Committee be minded to REFUSE planning permission on the grounds that the development will impact on neighbouring properties.

A vote was taken on the motion when it was:

For the motion - 2
Against it - 8

The motion was defeated.

Further motion by Councillor G Nicolson
Seconded by Councillor H Sawrey-Cookson

That outline planning permission be GRANTED subject to the application for Reserved Matters being brought back for Members to consider.

A vote was taken on the motion when it was:

For the motion - 9
Against it - 0
Abstentions - 2

RESOLVED that outline planning permission be APPROVED subject to the application for Reserved Matters being brought back for Members to consider and 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 of reserved matters to be approved, whichever is the later.
2. Approval of the details of the design siting and external appearance of the development, and the landscaping of the site (the 'reserved matters') shall be obtained from the local planning authority through the submission of the appropriate application(s) before development is commenced on site.
3. This permission does not grant or imply consent for the details of layout and dwelling types shown on the indicative plan accompanying the application for planning permission.
4. The occupation of the dwellings hereby approved shall be limited to the following description of persons:
   1. Who currently lives in the relevant locality (the administrative district of Eden) and has done so for a continuous period of at least three years; and/or
   2. Who works in the relevant locality; 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.

Reasons

1. and 2. In order to comply with the provisions of the Planning and Compulsory Purchase Act 2004

1. The application is submitted in outline only and these details are to be appropriately considered at the reserved matters stage.
2. In order to comply with Policy ST11 of the Cumbria and Lake District Joint Structure Plan.

Pl/238/4/08 Change in use of land for the private keeping and use of horses including conversion of existing field shelter to stable at Oaklands, Park Head, Kirkoswald for Mr I Davidson (08/0032)

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

The Committee received a presentation from Mr Taylor on behalf of the applicant.

Motion by Councillor H Sawrey-Cookson
Seconded by Councillor J C Lynch

And RESOLVED unanimously that planning permission 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 (details received on 15 and 23 January 2008) 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 private equestrian purposes only and shall not be used for commercial livery, schooling or breeding.

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 privacy and amenity of neighbouring properties.

Pl/239/4/08 Retention of external free standing racking structures at Roper Street, Penrith for J Richardson and Sons Ltd (07/0949)

Motion by Councillor G Nicolson
Seconded by Councillor H Sawrey-Cookson

And RESOLVED that planning permission be APPROVED subject to the following conditions:

1. Within one month of the date of this decision a scheme for the disposal of roof water shall be submitted for approval to the local planning authority.

Reason:

To ensure that adequate drainage of the development is carried out upon approval, in writing, by the Local planning authority. Such a scheme shall then be implemented and completed within one month of the date of such approval as may be given.

Pl/240/4/08 Proposed Retail Park at Junction 40 Lorry Park, Ullswater Road, Penrith for Terrace Hill Ltd and Davidsons, Junction 40 Ltd (07/1061)

Motion by Councillor J C Lynch
Seconded by Councillor Mrs G M Lumley

And RESOLVED unanimously that the Director of Technical Services be granted delegated powers to APPROVE the application subject to the non-intervention of the Secretary of State in the outlining process and subject to the following conditions and other such conditions as were considered appropriate:

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. SK01B, SK32, SK29A, SK28B, SK12E, SK33, SK34 and SK27) 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 only for the sale of bulky comparison goods consisting of building and DIY products; garden products and plants; furniture, carpets, floor coverings and household furnishings; electrical and gas products; vehicle accessories and parts; bicycles and cycle accessories; office supplies, computers and accessories; caravan/tent/camping and boating equipment; pet products and any other goods which are ancillary and related to the main range of goods permitted.
4. There should be no subdivision of any unit to less than 511 sq m.
5. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development Amendment) Order 2005, or any Order revoking or re-enacting that Order with or without modification there shall be no change of use of Class A3 uses to Class A1 or A2 uses of the Town and Country Planning Use Classes Order 1987 (as amended).
6. Notwithstanding the provisions of Article 2A of the Town and Country Planning (General Permitted Development) Order 1995 and Section 55(2A) of the Town and Country Planning Act 1990 no increase of internal floorspace that would otherwise be allowed under these provisions shall be permitted without the prior written approval of the Local planning authority.
7. No development shall be commenced until an independent Stage 2 Safety Audit Report undertaken at detailed design stage and carried out in acco9rdance with the Design Manual for Roads and Bridges Volume 5 Section 2 HD 19/03 'Road Safety Audit' published by the Department for Transport, has been submitted to and approved in writing by the local planning authority.
8. The development shall not be brought into use until the section of Ullswater Road fronted by the site is improved, subject to an agreement made between the developer and the local highway authority under Section 278 of the Highways Act 1980, to comprise a highway of 9.3 metre width carriageway and two footways of minimum width 2 metres, including the provision of the traffic signal controlled junction with the proposed site access road, cycle facilities within the carriageway, and all ancillary works.
9. The use shall not commence until the parking and servicing requirements have been constructed in accordance with such details as may be approved. All parking and servicing provision that is provided shall be retained and be capable of use when the development is completed and shall not be removed or altered without the prior written consent of the local planning authority.
10. Details of all measures to be taken by the applicant/developer to prevent surface water discharging onto or off the highway shall be submitted to and approved in writing by the Local planning authority prior to the commencement of any development. Any approved works shall be implemented prior to the development being completed and shall be maintained operational thereafter.
11. Within six months of the development or any part thereof opening for business, the developer shall prepare and submit to the Local planning authority for its approval a Travel Plan which shall identify the measures that will be taken by the developer to encourage a modal shift away from the use of private cars to visit the development to sustainable transport modes. The measures shall be implemented by the developer within 12 months of the development or any part thereof opening for business.
12. Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local planning authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.
13. Prior to the commencement of development approved by this planning permission (or such other date or stage in development as may be agreed in writing with the local planning authority), the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority:
    1. An acceptable conceptual model of the site indicating sources, pathways and receptors;
    2. A site investigation scheme, based on (i) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site;
    3. The site investigation results and the detailed risk assessment (ii) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken;
    4. A verification plan providing details of the data that will be collected in order to demonstrate that the work set out in (iii) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.
14. Details of external lighting of the site shall be submitted to, and approved in writing by the local planning authority prior to the commencement of the development. This information shall include a layout plan with beam orientation and a schedule of equipment in the design (luminaire type, mounting height, aiming angles and luminaire profiles). The lighting shall be installed, maintained and operated in accordance with the approved details unless the local planning authority gives its written consent to the variation. This should help prevent light pollution to local residents.
15. During the demolition and construction phase of the development, noisy activities shall take place only within the hours of 0730 to 1800 on weekdays, 0800 to 1300 on Saturdays and no noisy work on Bank Holidays or Sundays. NB if piling work is proposed then it will be necessary to agree the details of the work with the local planning authority prior to the commencement of this activity.
16. During the construction and demolition phases of the development, the applicant shall ensure that dust arising from the activities on site do not adversely affect neighbouring premises. Details of a proposed scheme of dust control shall be agreed with the local planning authority prior to the commencement of demolition on the site.
17. In the event that contamination is found that was not previously identified it shall be reported immediately to the local planning authority and works must cease. An investigation and risk assessment must be undertaken, and where remediation is necessary a Remediation Strategy shall be submitted and agreed in writing with the local planning authority. The agreed scheme shall be completed before work re-commences unless otherwise agreed in writing by the local planning authority. Following completion of measures identified in the approved Remediation Strategy a validation report and certificate shall be submitted and agreed with the local planning authority.
18. Prior to being discharged into any watercourse, surface water, sewer or soakaway system, all surface water drainage from impermeable surfacing shall be passed through an oil interceptor designed and constructed to have a capacity and details compatible with, the site being drained. Roof water shall not pass through the interceptor.
19. The drainage infrastructure on the proposed development site must be constructed as per the supporting Drainage Impact Assessment submitted by Dewar Associates Ltd. And received by the Environment Agency on 25 February 2008. 3 Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the local planning authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.
20. Prior to the commencement of development on the site details, at a scale of 1:20, of the glazing arrangement and roof construction of the A3 restaurant units shall be submitted to and approved in writing by the Local Planning Authority. The development shall then only proceed in accordance with such details as may be approved.
21. Prior to the commencement of development on the site details of both hard and soft landscaping shall submitted to, and approved in writing by, the local planning authority and these works shall be carried out as approved prior to the occupation of any part of the development. Any planted material that may die, become diseased or otherwise be removed within the first five years following the implementation of the landscaping scheme shall be replaced with the same, or with the written agreement of the local planning authority, a similar species.
22. Upon completion of the access provision to the adjacent site (Cranston's) The existing access from the A592 (Ullswater Road) shall be permanently closed up and the footway and wall reinstated to details, together with any road remarking, to be approved in writing by the local planning authority. The development shall then only proceed in accordance with such details as may be approved.

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 6. In order to safeguard the vitality and viability of the established shopping area of Penrith.

1. to 10. In the interests of highway safety and to ensure a minimum standard of access, parking and servicing provision when the application is brought into use.

1. To aid the delivery of sustainable transport objectives.
2. To prevent pollution of water resources.
3. To prevent the pollution of Controlled Waters - Myers Beck and the underlying major aquifer.
4. to 16. In order to protect the amenities of the occupiers and users of adjacent premises.

1. To ensure that risks from soil contamination to the future occupants of the development and neighbouring occupiers are minimised, together with those to controlled waters and ecological systems and to ensure that site workers are not exposed to the unacceptable risks from contamination during construction.
2. to 19. To prevent pollution of the water environment.

1. In the interests of the architectural quality of these road frontage sites.
2. In the interests of the visual amenity of the area.
3. In the interests of highway safety.

Pl/241/4/08 Continued Use of Land for Paintball Purposes at Rakebeck Wood, Melmerby for Bravo 4 Zero (08/0071)

Motion by Councillor H Sawrey-Cookson
Seconded by Councillor J C Lynch

And RESOLVED that planning permission 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 received on 25 January 2008and shall not be varied other than by prior agreement in writing by the Local planning authority.
3. The netting which is intended to protect users of the adjacent public right of way shall be only be erected/extended into position for the duration of the paintballing activity and shall immediately thereafter be tied back securely to supporting trees in manner which does not cause danger to or hinder the free passage of wildlife.
4. The hours of paintballing activity, except for the setting up and taking down of equipment, shall be restricted to the hours of 10:30 to 16:30 hrs.
5. During the bird breeding season (March to June inclusive) no paintballing activity shall take place on more than two consecutive days. During this season there shall be a minimum of five days between paintballing activities. Outwith this season the activity shall not take place on more than five days in any period of seven days.
6. Should the business cease its operations then the structures pertaining to the activity should be removed from the site within three months.

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 minimise possible risk to birds and wildlife.
4. To minimise any impact on wildlife and birds generally and specifically during the bird breeding season.
5. To minimise any impact on wildlife and birds generally and specifically during the bird breeding season.

Pl/242/4/08 Soft play centre for children with coffee shop and training rooms at 4 Cowper Road, Gilwilly Industrial Estate, Penrith for Mr and Mrs Glassbrook (08/0073)

Motion by Councillor G Nicolson
Seconded by Councillor J M Holliday

And RESOLVED unanimously that planning permission 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 (details received 25/1/2008) and shall not be varied other than by prior agreement in writing by the Local Planning Authority.
3. The use permitted shall not operate outside 0930 to 2000 hours Monday to Saturday, 1000 to 1600 hours on Sunday and 0930 to 2000 hours on a Bank Holiday.

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. For the avoidance of doubt.

Pl/243/4/08 Conversion to two storey dwelling at former joiners workshop adjacent to Glenrowan, High Street, Morland for Mr and Mrs Lowis (08/0123)

Motion by Councillor H Sawrey-Cookson
Seconded by Councillor G Nicolson for the purposes of debate

That the Committee be minded to GRANT the application for the reason that it is a quality scheme.

A vote was taken on the motion when there were:

For the motion - 2
Against it - 7
Abstentions - 3

The motion was lost.

Further motion by Councillor M Davidson
Seconded by Councillor R Burgin

That the application be REFUSED.

A vote was taken on the motion when there were:

For the motion - 6
Against it - 0
Abstentions - 5

RESOLVED that the application be REFUSED.

Councillor J C Lynch left the meeting at 11.25am.

Pl/244/4/08 Conversion of dwelling to three (net addition of two) dwellings comprising one house and two apartments with parking and disabled access provision at Scaur House, Langwathby for Mr Deighton (08/0132)

Having given representations as the local ward Member, Councillor J M Holliday withdrew from the meeting at 11.30am and did not seek to influence the debate or vote on the item.

Motion by Councillor H Sawrey-Cookson
Seconded by Councillor M Davidson

And RESOLVED that planning permission 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 numbers SH/03, 107/146/04, 05, 06, 07, 08 received 13 February 2008) and shall not be varied other than by prior agreement in writing by the Local Planning Authority.
3. The occupation of Units 1 and 2 (as identified on drawing number 107/146/07 received 13 February 2008) 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/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.
      
      For the purposes of this condition the relevant locality shall be the administrative area of Eden District Council
4. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any subsequent equivalent legislation) no development falling within Schedule 2, Part 1, Class A of the said Order shall be carried out without the prior written permission of 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 permission.
3. In order to comply with Policies ST3, ST7 and ST11 of the Cumbria and Lake District Joint Structure Plan 2006.
4. To prevent the overdevelopment of the site and to safeguard the living conditions of adjoining properties and the visual appearance of the building.

Councillor J M Holliday rejoined the meeting.

Pl/245/4/08 Penrith New Squares

The Committee considered late report TS33-08 of the Director of Technical Services which set out a request to vary the Section 106 Agreement to clarify the position that the shared ownership dwellings are now to be delivered by a Registered Social Landlord, but without the support of Social Housing Grant.

Councillor R Burgin withdrew from the meeting at 11.33am and rejoined at 11.37am.

Motion by Councillor R V Turner
Seconded by Councillor M Davidson

And RESOLVED that the variation to the Section 106 Agreement be approved and varied accordingly.

Reasons for decision

The Council has received a request to vary the S106 Agreement in respect of the arrangements for additional equity resulting from the shared ownership unit. The original provision envisaged that the units would be provided directly by the Developer and the variation reflects the usual situation surrounding shared ownership units being provided by a Registered Social Landlord.

Pl/246/4/08 Construction of Three Wind Turbines, together with Ancillary Equipment Tracks and Associated Works, Land at Hoff Moor

The Committee were advised of the decision of the inquiry held into the construction of three wind turbines and ancillary equipment on land at Hoff Moor.

The Inspector had upheld the Council's decision on 15 March 2007 to refuse planning permission. Whilst the Inspector recognised the importance of national policy, he agreed with the Council that the proposal would have had a detrimental effect on the character and quality of the landscape and a significant, adverse effect on the local amenity.

Councillors Mrs A D Richardson and Mrs M E Wilcox left the meeting at 11.45am.

Pl/247/4/08 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 1, 5 and 6 of Part 1 of Schedule 12A of the Act.

The following minutes Pl/248/4/08 to Pl/249/4/08 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 Extension to Caravan Site and Residential Occupation of Caravans, Land at Broadfield, Southwaite (Pl/248/4/08) (Paragraph 1 and 5)

The Committee considered report CLS27/08 of the Director of Corporate and Legal Services which proposed a compromise in relation to enforcement action being taken in respect of a breach of planning control.

Following advice from the Legal Services Manager, Members noted the report.

Untidy Land - Uncompleted Access at Kemplay Bank and Reduction of Mound (Eamont Bridge, Penrith) (Pl/249/4/08) (Paragraph 5 and 6)

The Committee considered report TS32-08 of the Director of Technical Services which asked Members to decide whether or not it would be expedient to take enforcement action in respect of the incompletion of an access road that has resulted in an untidy land.

The recommendations in the report were agreed.

The meeting closed at 11.59am