Planning Applications Committee Minutes - 20 March 2008

Present:

Pl/203/3/08   Chairman's Announcements

Before the meeting began, the Chairman advised Members that Gwyn Clark, the Assistant Director (Planning Services), was likely to be absent from Committee for the next few meetings due to injury.  The Chairman also welcomed Alan Prentice, Planning Technician, to his first meeting.

Pl/204/3/08   Apologies

An apology for absence was received from Councillor B Metz.

Pl/205/3/08   Minutes

Minutes Pl/180/2/08 to Pl/202/2/08 of the meeting of this Committee held on 14 February 2008 were approved as a correct record of those proceedings.

Pl/206/3/08   Declarations of Interest

All Members of the Committee had an interest in items 8 and 9 on agenda item 8d as the applicant was a Member of the Council.

Pl/207/3/08   Appeal Decision Letters

The Committee considered report TS23-08 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/208/3/08   Applications References 07/0990 and 07/0992 Advance information signs for services available in the area by-passed at Temple Sowerby/ Culgaith at land at Eden View Farm, East end of By-pass and Land on Windawath Estate, West end of By-pass

The Committee considered report TS12-08 of the Director of Technical Services which asked Members to consider, and provide conditions to be attached to, the possible grant of planning permission of the above planning applications.

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

And RESOLVED unanimously that the application be APPROVED subject to the following conditions:

1. The consent shall expire after five years from the date of this notice.
2. Any advertisement displayed and any site used for the display of advertisements shall be maintained in a clean and tidy condition to the reasonable satisfaction of the Local Planning Authority.
3. Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a safe condition.
4. Where an advertisement is required under these Regulations to be removed, the removal shall be carried out to the reasonable satisfaction of the Local Planning Authority.
5. No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant permission.
6. No advertisement shall be sited or displayed so as to obscure, or hinder the ready interpretation of, any road traffic sign, railway signal or aid to navigation by water or air, or so as otherwise to render hazardous the use of any highway, waterway (including any coastal waters) or aerodrome (civil or military).
   
   Reason:  In order to comply with provisions of the Town and Country Planning (Control of Advertisements) Regulations.
7. Details of the height of the sign to be submitted to and agreed in writing by the Local Planning Authority prior to installation.
   
   Reasons:  In the interests of the amenity of the area and highway safety

Reasons for decision

1. In considering the application, Officers addressed the issues of amenity and highway safety.  The Highways Agency was consulted as the application sites are immediately adjacent the A66 Trunk Road and the Agency consider the signs could adversely affect the safety of users of the highway.
2. Having considered the proposal, Members did not consider that the erection of the proposed signage would have a detrimental effect on road safety or on the amenities of the locality.

Pl/209/3/08   Planning Services Customer Liaison Report 2007

The Committee considered report TS13-08 of the Director of Technical Services which summarised the findings of the Planning Services customer satisfaction survey and Planning Applications Committee attendance questionnaire over the past calendar year.

RESOLVED that:

1. The report be noted.
2. The customer satisfaction survey of applicants and the Planning Applications Committee hearings questionnaire be continued for another year.

Reasons for decision

The Customer Satisfaction Survey is a valuable tool for securing feedback from our customers. It enables the service to be kept under constant review and improvements made where necessary. Following the extension of the survey additional feedback has been received over a wider spectrum of the service provided by Development Control and Building Control and consequently the process of improvement can be further developed.

Pl/210/3/08   Sustainability Report

The Committee considered report TS15-08 of the Director of Technical Services which informed Members of the concept of sustainability in Planning, following a request from Members.

RESOLVED that the report be noted.

Pl/211/3/08   Applications Determined Under Officer Delegated Powers for the Month of February 2008

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

During consideration of the applications, Councillor M Davidson requested that the full application for the erection of elderly extra care sheltered apartments, landscaping and car parking at Rickerby Ltd, Brunswick Road, Penrith for McCarthy and Stone (Developments) Ltd come before the committee.

RESOLVED that the list detailed in applications determined under officer delegated powers for the month of February 2008 attached to these minutes at Appendix A (PDF: 54Kb / 6 pages) be noted.

Pl/212/3/08   Reasons for Refusal on Delegated Decisions for the Month of February 2008

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

RESOLVED that the report attached to these minutes at Appendix B (PDF: 31Kb / 1 page) be noted.

Pl/213/3/08   Application Recommendations made under Officer Delegated Powers for County Matters for the Month of February 2008

The Committee was advised of the following application recommendations made under officer delegated powers for county matters for the month of February 2008.

RESOLVED that the report attached to these minutes at Appendix C (PDF: 16Kb / 1 page) be noted.

Pl/214/3/08   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/215/3/08   Chairman's Announcements

The Chairman advised that items 4 and 5 on agenda item 8d had been withdrawn as the matter had been determined under officer delegated powers following the withdrawal of objections.

Pl/216/3/08   Change of Use of Former Public House to Holiday Accommodation and Erection of a Pair of Semi Detached Properties to be Used as Holiday Accommodation at The (Former) Joiners Arms, Newbiggin for Mr P Tolmie (07/1009)

The Committee received a presentation from Dr Rich objecting to the application.
The Committee received a presentation from Mr Rae in support of the application.

Motion by Councillor M Davidson
Seconded by Councillor J G Thompson

That planning permission be GRANTED subject to conditions.

A vote was taken on the motion when there were:

For the motion - 9
Against it - 3
Abstentions - 1

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 no. 0712/1 received on 30 November 2007) and shall not be varied other than by prior agreement in writing by the Local Planning Authority.
3. The premises hereby approved shall be used for let holiday accommodation only and for no other purpose.
4. The premises shall not be used at any time as a sole or principal residence by any occupant.
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 the dates of their occupation.

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 ensure the accommodation remains available for holiday accommodation purposes.
4. To ensure the accommodation remains available for holiday accommodation purposes.
5. To ensure the accommodation remains available for holiday accommodation purposes.
6. To ensure the accommodation remains available for holiday accommodation purposes.
7. To ensure the accommodation remains available for holiday accommodation purposes.

Pl/217/3/08   Proposed Retail Park at Junction 40 Lorry Park, Ullswater Road, Penrith for Terrace Hill Ltd and Davidson's Junction 40 Ltd (07/1010)

The Committee received a presentation from Mr Taylor, on behalf of Lowther Manelli Ltd, objecting to the application.
The Committee received a presentation from Mr Innis in support of the application.

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

And RESOLVED unanimously that the Secretary of State be advised that the Council is minded to APPROVE the application subject 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 the approval of the last of reserved matters to be approved, whichever is the later.
2. Approval of the details of the siting, design 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. 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; pet supplies; electrical and gas products; vehicle accessories and parts; bicycles and cycle accessories; office supplies, computers and accessories; caravan/tent/camping and boating equipment; any other goods which are ancillary and related to the main range of goods permitted.
4. No retail unit shall be of less than 511 sq m gross internal area; there shall not be more than one retail unit of less than 697 sq m gross internal area and 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 (Amendment) Order 2005.
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 floor-space that would otherwise be allowed under these provision 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 accordance 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 (1) 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 (2) 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 works set out in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

1. 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.
2. 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.
3. 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.
4. 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 recommences 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.
5. 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.
6. 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.
7. 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.

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.

Reasons

1. and 2. In order to comply with the requirements of The Planning and compulsory Purchase Act 2004.

1. 4, 5 and 6.  In order to safeguard the vitality and viability of the established shopping area of Penrith.

1. 8, 9 and 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. 15 and 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. 19 and 20. To prevent pollution of the water environment.

Pl/218/3/08   Extensions and Alterations at 41 Clifford Road, Penrith for Martin Cuthell Limited (08/0007)

The Committee received a presentation from Mr Armstrong-Payne, on behalf of Mr Murray, objecting to the application.

Councillor J C Lynch left the meeting at 11.20am.

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

That Members be minded to REFUSE planning permission on the grounds that it will create a terracing effect.

A vote was taken on the motion when there were:

For the motion - 3
Against it - 9

The motion was defeated.

Motion by Councillor M Davidson
Seconded by Councillor J G Thompson

That planning permission be GRANTED subject to conditions.

A vote was taken on the motion when there were:

For the motion - 10
Against it - 2

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 number 0660-04 received 2/1/2008) 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 permission.

Pl/219/3/08   New building signage, directional car park signs and menu with speaker post at KFC, Bridge Lane, Penrith for Mulcroft Ltd

Motion by Councillor M Davidson
Seconded by Councillor G Nicolson

That advertisement consent be GRANTED subject to conditions.

A vote was taken on the motion when there were:

For the motion - 11
Against it - 1

RESOLVED that advertisement consent be APPROVED subject to the following conditions:

1. The consent shall expire after five years from the date of this notice.
2. Any advertisements displayed and any site used for the display of advertisements, shall be maintained in a clean and tidy condition to the reasonable satisfaction of the Local Planning Authority.
3. Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a safe condition.
4. Where an advertisement is required under these Regulations to be removed, the removal shall be carried out to the reasonable satisfaction of the Local Planning Authority.
5. No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant permission.
6. No advertisement shall be sited or displayed so as to obscure, or hinder the ready interpretation of any road traffic sign, railway signal or aid to navigation by water or air, or so as otherwise to render hazardous the use of any highway, waterway (including any coastal waters) or aerodrome (civil or military).
7. This permission refers only to the display of the advertising material indicated on drawing nos. 2006/50/3 and 2006/50/4 received by the Council on 16 January 2008.

Reasons

1. 2, 3, 4, 5 and 6. In order to comply with provisions of the Town and Country Planning (Control of Advertisement) Regulations 1992.

1. For the avoidance of doubt as to what signage regime is being approved.

Councillors R Burgin and M Davidson withdrew from the meeting at 11.41am and returned at 11.45am

Pl/220/3/08   Change of use from shop to residential accommodation at Church View, Front Street, Alston for M Todd (08/0057)

Motion by Councillor G Nicolson
Seconded by Councillor J G Thompson

That full planning permission be GRANTED subject to conditions.

A vote was taken when there were:

For the motion - 11
Against it - 0
Abstentions - 1

RESOLVED that full 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 no's 2907/E1 and P1 received on 22 January 2008) and shall not be varied other than by prior agreement in writing by the Local Planning Authority.
3. New ground floor windows and doors abutting the highway shall be of a type which cannot open outwards into the highway.
4. Notwithstanding the details submitted the two windows to be installed on the front elevation of the property shall be of timber sliding sash construction to match the existing first and second floor windows, in accordance with details that have been submitted to and approved by the local planning authority prior to their installation.
5. 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. 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. Reason - To minimise possible danger to highway users
4. Reason - To maintain the character of the conservation area.
5. 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/221/3/08   Chairman's Announcements

RESOLVED that items 8 and 9 on agenda item 8d be considered as one item.

Pl/222/3/08   Amendment of details for approved development Ref 03/0252 at Barns at Hilton Hall Farm, Appleby for W W Patterson (08/0127)

Pl/223/3/08   Amendment of details for approved development Ref 03/0252 at Barns at Hilton Hall Farm, Appleby for W W Patterson (08/071)

Motion by Councillor G Nicolson
Seconded by Councillor M Davidson

And RESOLVED unanimously that planning permission be APPROVED and that listed building consent be APPROVED under officer delegated powers provided no objections are received.  Both permissions were subject to the following conditions:

For Planning Permission

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 and shall not be varied other than by prior agreement in writhing by the Local Planning Authority.
3. Notwithstanding the provisions of Part 1 of Schedule 2 of the Town and Country (General Permitted Development) Order 1995 or any Order revoking or re-enacting that Order, no development falling within Schedule 2 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 Act 2004.
2. To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.
3. To allow the Local Planning Authority to retain control over development which may have an adverse impact upon the character and amenity of the application site and surrounding area.

For Listed Building Consent

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 and shall not be varied other than by prior agreement in writhing by the Local Planning Authority.
3. Notwithstanding the provisions of Part 1 of Schedule 2 of the Town and Country (General Permitted Development) Order 1995 or any Order revoking or re-enacting that Order, no development falling within Schedule 2 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 Act 2004.
2. To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.
3. To allow the Local Planning Authority to retain control over development which may have an adverse impact upon the character and amenity of the application site and surrounding area.

Pl/224/3/08   Chairman's Announcements

The Legal Services Manager advised the Committee that, following the decision in respect of the proposed retail park at Junction 40, Ullswater Road, the original appeal lodged by Terrace Hill was likely to be withdrawn.  Permission was sought to submit the relevant documentation outlining the Committee's decision.

RESOLVED that documentation in respect of the appeal made by Terrace Hill be submitted.

Councillor Mrs M E Wilcox withdrew from the meeting at 11.52am and rejoined at 11.56am.

Pl/225/3/08   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 5 and 6 of Part 1 of Schedule 12A of the Act.

The following minutes Pl/226/3/08 to Pl/227/3/08 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.

Appeal Decision Letters (Pl/226/3/08) (Paragraph 5)

The Legal Services Manager advised the Committee of two very recent appeal decision letters.

The full details of the two appeal decisions will be reported to Members at a later committee.

Councillor G Nicolson left the meeting at 12noon.
Councillor R Burgin left the meeting at 12.02pm.

6 Monthly Enforcement Report (Pl/227/3/08) (Paragraph 5 and 6)

The Committee considered report TS14-08 of the Director of Technical Services which informed Members of planning enforcement issues since the last 6 monthly enforcement report that was presented in September 2007.

Councillor H W Threlkeld left the meeting at 12.07pm.

RESOLVED to continue the meeting beyond three hours.

The Committee agreed the recommendations in the report.

The meeting closed at 12.42pm