Planning Applications Committee Minutes: 15 July 2010

Present:

Pla/46/7/10 Apologies for Absence

An apology for absence was received from Councillor M Davidson

Pla/47/76/10 Minutes

Minutes Pla/19/6/10 to Pla/45/6/10 of the meeting of this Committee held on 17 June 2010 were approved as a correct record of those proceedings.

Pla/48/7/10 Declarations of Interest

1. Councillor M Holliday declared a personal and prejudicial interest in respect of application 4 of agenda item 6d (River Garth, Eamont Bridge).
2. Councillor W Patterson declared a personal interest in respect of application 6 of agenda item 6d (The Underground House, Heights, Appleby) as the applicant was known to him.
3. Councillor Mrs M Wilcox declared a personal interest in respect of application 2 of agenda item 6d (Land adjacent to Football Pitch, Memorial Park, Shap) as she was acquainted with the applicant's wife.
4. All Members declared that they had been lobbied by residents in connection with application 1 of agenda item 6d (Raise Park, Raise, Alston).

Pla/49/7/10 Appeal Decision Letters

The Committee considered report TS78-10 of the Director of Technical Services which detailed the list of decision letters received since the last meeting.

RESOLVED that the report be noted

Pla/50/7/10 Alston Conservation Area - Extension of Article 4 Direction

The Committee considered report PP48/10 of the Director of Policy and Performance seeking approval to vary the existing Article 4 (2) Direction on Alston conservation area in order to remove permitted development rights relating to exterior painting

RESOLVED that the existing Direction under Article 4(2) of the Town and Country Planning (General Permitted Development) Order 1995, that was served on all properties in Alston conservation area on 26 January 1996, be extended to include 'painting of the exterior of any building or work' comprised within Class C of Part 2 of Schedule 2 to the Order.

Pla/51/7/10 Applications Determined under Officer Delegated Powers for the Month of June 2010

The Committee was advised of the applications for planning permission which had been determined by the Director of Technical Services in June 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 June attached to these minutes as Appendix 1 (PDF: 109Kb / 9 pages) be noted.

Pla/52/7/10 Reasons for Refusal on Delegated Decisions for the Month of June 2010

The Committee considered the reasons for refusal on delegated decisions for the month of June as detailed in agenda item 6b

RESOLVED that the report be noted attached to these minutes as Appendix 2 (PDF: 296 Kb / 12 pages).

Pla/53/7/10 Application Recommendations made under Officer Delegated Powers for County Matters for the Month of June 2010

The Committee was advised of the application recommendations made under officer delegated powers for county matters for the month of June

RESOLVED that the list of decisions be noted attached to these minutes as Appendix 3 (PDF: 48 Kb / 2 pages).

Pla/54/7/10 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 to the receipt of satisfactory replies.

Pla/55/7/10 Land at Raise Park, Raise Bank, Alston: Revised dwelling types, layout and New Access for Mr and Mrs Harrison (09/1090)

The Committee received a presentation from Councillor R Turner (Ward Member) in objection to the application.

The Committee received a presentation from Mr T Woof, the applicant's agent, in support of the application.

Motion by Councillor M Eyles, that the Application be refused.
The Motion fell for want of a Seconder

Motion by Councillor R Fisher
Seconded by Councillor G Boustead and

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 shall be carried out strictly in accordance with the details appearing on drawing Nos C-628-01 Rev B, 09/631/2, 09/631/101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 112, 113 and the recommendations contained in the Ecological Survey Report, dated September 2009 and referenced ES/0909/01 and the Pre-development Arboricultural Report dated 13 August 2009 and submitted in connection with the application for planning permission.
3. The development hereby permitted shall not be commenced until such time as a scheme to adequately dispose of surface water (at no more than greenfield runoff rates) without increasing flood risk on site, surrounding areas or downstream of the site has been submitted to, and approved in writing by, the Local Planning Authority. The scheme shall be fully implemented and subsequently maintained , in accordance with the timing/phasing arrangements embodied within the scheme or within any other period as may subsequently be agreed, in writing, by the Local Planning Authority.
4. Prior to the commencement of the development precise details of all external finish materials to the dwellings shall be submitted to and agreed in writing by the Local Planning Authority.
5. Prior to the commencement of development on the site precise details of all material to be planted along the watercourse identified as the 'habitat zone' shall be agreed in writing by the local planning authority. The development shall then only proceed in accordance with such details as may be approved. This watercourse feature shall not be subsequently incorporated into any private gardens without the prior written approval of the local planning authority.

Reasons:

1. In order to comply with the provisions of the Town and Country Planning Act 1990
2. In order that the development protects and enhances the flora and fauna value of the site
3. To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site
4. To ensure the use of finishes appropriate to the location of the site within an Area of Outstanding Natural Beauty
5. In order to ensure and retain the biodiversity value of this feature.

Pla/56/7/10 Application to extend time limits of Planning Approval 07/0220 (Erection of Youth Shelter) on Land adjacent to Football Pitch, Memorial Park, Shap for Mr D Corrie (10/0345)

RESOLVED thatplanning permission be GRANTED subject to the following conditions:

1. That development 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. 5019-02C, 5019-03B and 5019-04C received 21/3/07 and which formed the original planning permission granted under 07/0220) and shall not be varied other than by prior agreement in writing by the Local Planning Authority.
3. 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. Development shall be carried out in accordance with the approved details.
4. Prior to commencement of development a sample of the proposed colour of the profiled steel roof shall be submitted to and approved 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.
3. To ensure that the materials harmonise with the surroundings.
4. To ensure that the colour harmonises with the remainder of the building and with the surroundings.

Pla/57/7/10 Extension to existing commercial building, excavation of land and mounding to form car park at Quarry Garage Stainton for Alba Transport (10/0396)

The Committee received presentations from Mrs G Power and W Mead in objection to the application.

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

Motion by Councillor M Eyles
Seconded by Councillor R Fisher

That the application be refused

Amendment by Councillor M Holliday
Seconded by Councillor G Boustead

The Planning Committee undertakes a site visit by virtue of Local Site Concerns

A vote was taken and the Amendment was carried

On being put as the Substantive Motion, and carried, it was RESOLVED that the Planning Committee undertakes a site visit by virtue of Local Site Concerns

Councillor M Holliday withdrew from the meeting at 10.33am

Pla/58/7/10 Proposed partial demolition and re-modelling of existing dwelling at River Garth, Eamont Bridge, Penrith for Mr and Mrs Nixon (10/0264)

The Committee received a presentation from Councillor R Turner in support of the application.

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

And RESOLVED that the Committee be Minded to Approve the application

Councillor M Holliday re-joined the meeting at 10.55am

Pla/59/7/10 Removal of Condition Numbers 6 and 7 on Planning Application 07/1009 The (former) Joiners Arms, Newbiggin for Peter Tolmie Ltd (10/0331)

Motion by Councillor R Fisher
Seconded by Councillor M Eyles, and

RESOLVED that planning permission be GRANTED subject to the following conditions:

1. The development permitted shall be begun before 20 March 2011.
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. 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. , 4, 5 and 6. To ensure the accommodation remains available for holiday accommodation purposes.

Pla/60/7/10 Erection of a polytunnel for use by dwelling, The Underground House, Heights, Appleby for Mr P Reddy (10/0376)

Motion by Councillor R Fisher
Seconded by Councillor M Eyles, and

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 (received 24 May 2010) 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.

Pla/61/7/10 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 to the Act.

Pla/62/7/10 Unauthorised Alterations to a Dwelling House Consisting of New Windows, Alston (Paragraphs 5 and 6)

The Committee considered report TS76-10 of the Director of Technical Services detailing the circumstances of unauthorised alterations to a dwelling house in Alston that had been the subject of a recent planning application appeal decision.

RESOLVED that enforcement action be not taken

Reasons for Decision

The unauthorised windows are not considered to be causing sufficient harm to the Alston Conservation Area to justify enforcement action. It is therefore not considered to be in the public interest to pursue enforcement action.

Pla/63/7/10 Unauthorised Erection of Wall, Tirril (Paragraphs 5 and 6)

The Committee considered report TS77-10 of the Director of Technical Services detailing the circumstances of the unauthorised erection of a wall in Tirril.

RESOLVED that

1. Enforcement action is taken in the form of an enforcement notice requiring the removal of the wall and for the land to be restored to its previous condition by tarmacing over the footings of the wall.
2. A time period for compliance of two months after the date the enforcement notice takes effect be set.

Reasons for Decision

The wall has resulted in the erection of an alien and wholly inappropriate and uncharacteristic boundary feature, in respect of the design, layout and use of materials, which combine to have an unacceptable visual impact on the character, appearance and setting of the frontage of the Grade II Listed Building and within the street scene as a whole. The wall is contrary to the aims of local and national planning policy. It is therefore expedient to undertake enforcement action. A time period of two months compliance is considered reasonable in which to arrange and carry out the removal of the wall and the repair of the land back to its previous condition.

The meeting closed at 11.31am.