Planning Committee Minutes: 16 December 2010

In the absence of the Chair the meeting was chaired by the Vice Chairman, Councillor M Davidson.

Pla/152/12/10 Apologies for Absence

An apology for absence was received from Councillor J Thompson, Councillor Mrs J Lowis attended in his place.

Pla/153/12/10 Minutes

Minutes Pla/127/11/10 to Pla/147/11/10 of the meeting of this Committee held on 18 November 2010 and
Minutes Pla/148/12/10 to Pla/151/12/10 of the meeting of this Committee held on 10 December 2010

were approved as a correct record of those proceedings.

Pla/154/12/10 Declarations of Interest

1. Councillor M Davidson declared a prejudicial interest in respect of items 6 and 7 on agenda item 5e (green papers) as he was the applicant. He also declared that he had been lobbied on item 2 on agenda item 5e (green papers)
2. Councillor G Boustead declared that he knew the applicant for item 2 on agenda item 5e (green papers)
3. Councillor M Holliday declared that he knew the appellant in agenda item 4 (appeal decision letters) and he also declared a prejudicial interest in item 4 on agenda item 5e (green papers) in that the applicant was a former neighbour and well known to him.
4. Councillor M Eyles declared a personal non prejudicial interest in items 6 and 7 on agenda item 5e (green papers) in that the applicant was known to him.
5. Councillor Mrs G Lumley declared a personal non prejudicial interest in item 2 on agenda item 5e (green papers) in that the applicant was known to her.
6. Councillor R Fisher declared a personal non prejudicial interest in item 5 on agenda item 5e (green papers) in that both the applicant and objector were known to him.

Pla/155/12/10 Appeal Decision Letters

The Committee considered report PP93/10 of the Director of Policy and Performance which detailed the list of decision letters received since the last meeting.

RESOLVED that the report be noted

Pla/156/12/10 Applications Determined under Officer Delegated Powers for the Month of November 2010

The Committee was advised of the applications for planning permission which had been determined by the Director of Technical Services in November 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 November - Appendix 1 (PDF: 126 Kb / 11 pages)be noted.

Pla/157/12/10 Reasons for Refusal on Delegated Decisions for the Month of November 2010

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

RESOLVED that the report - Appendix 2 (PDF: 201 Kb / 6 pages) be noted.

Pla/158/12/10 Application Recommendations made under Officer Delegated Powers for County Matters for the Month of November 2010

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

RESOLVED that the list of decisions - Appendix 3 (PDF: 10 Kb / 1 page) be noted.

Pla/159/12/10 Decisions of the Lake District National Park Authority in Respect of the Applications for Planning Permission for the Month of November 2010

The Committee was advised of the following decisions of the Lake District National Park Authority in respect of the applications for planning permission for the month of November

RESOLVED that the list of decisions of the Lake District National Park Authority - Appendix 4 (PDF: 14 Kb / 1 page) be noted

Pla/160/12/10 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, to the receipt of satisfactory replies.

Pla/161/12/10 Application for reserved matters for 1 no. dwelling at Site at Birchfield, Green Lane, Great Salkeld for J I W Properties Ltd (10/0740)

The Committee received a presentation from Ms L Jervis objecting to the application.

Motion by H Sawrey-Cookson
Seconded by R Fisher

That the Committee be minded to refuse the application due to the unacceptable loss of amenity to neighbours and the design not being in-keeping with the existing properties.

A vote was held where there were:

For the motion: 9
Against the motion: 1

And RESOLVED that the Committee be MINDED TO REFUSE the application and to defer consideration of the matter to a future meeting of the Committee.

Pla/162/12/10 Full planning application for the erection of 60 Dwellings and associated infrastructure at Land adjacent to Quarry Close, Nateby Road, Kirkby Stephen for Story Homes and Mr and Mrs Ousby (10/0794)

Motion from the Chair
Seconded by Mrs G Lumley

And RESOLVED unanimously that a site visit be undertaken due to local site concerns. That presentations on the application be deferred until the meeting to determine the application following the site visit and that the meeting to determine the application take place at a venue in Kirkby Stephen.

Pla/163/12/10 New education building to replace three temporary classroom buildings and temporary re-siting of the three temporary classroom buildings during construction works at Eden Grove School for Priory Group

Motion by R Fisher
Seconded by M Eyles

That the application be approved

A vote was held where there were:

For the motion: 9
Against the motion: 1

And RESOLVED that the application 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. 0918-101 C received 16 August 2010, 09/18 - 100 received 19 August 2010, 0918-102A and temporary building layout received 21 October 2010) and shall not be varied other than by prior agreement in writing by the Local Planning Authority.
3. The temporary buildings shall be removed within one calendar month from the first occupation of the education building hereby 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. For the avoidance of doubt.

Councillor M Holliday declared a prejudicial interest in the following item of business and withdrew from the meeting during consideration thereof.

Pla/164/12/10 Retrospective permission for replacement of a domestic oil tank at Scaur Bank, Langwathby for Mr Radcliffe (10/0846)

Motion by R Fisher
Seconded by G Boustead

That the application be approved

A vote was held where there were:

For the motion: 8
Against the motion: 1

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

1. Within 6 months of the date of this permission the oil tank hereby approved shall be painted in a dark green colour that has been agreed in writing by the Local Planning Authority and thereafter retained.

Reason

1. In the interest of visual amenity and in order for the tank to harmonise with its surroundings having regard to Policy CS18 of Eden District Council Core Strategy Development Plan Document and Policy BE19 of Eden Local Plan.

Councillor M Holliday rejoined the meeting at 10.22am

Pla/165/12/10 Proposed Kennels at Nobles Farm, Berrier for Mr and Mrs Cartmel (10/0848)

The Committee received a presentation from Mrs J Pearson objecting to the application.

The Committee received a presentation from Mr B Armstrong-Payne, the applicant's agent, in support of the application

Motion by H Sawrey-Cookson
Seconded by Mrs G Lumley

That the Committee be minded to refuse that application due to loss of amenity of neighbours through noise disturbance

A vote was held and it was

RESOLVED unanimously that the Committee be MINDED TO REFUSE the application and to defer consideration of the matter to a future meeting of the Committee.

Councillor M Davidson declared a prejudicial interest in the following items of business and withdrew from the room during consideration thereof

Pla/166/12/10 Appointment of Chairman

Proposed by M Holliday
Seconded by R Fisher

And RESOLVED that Councillor Mrs E Langan be appointed Chairman for the duration of Councillor Davidson's absence from the meeting.

The following two items of business were considered and voted on together

Pla/167/12/10 Replacement conservatory and internal alterations to dwelling at Clyde Cottage, 30 Arthur Street, Penrith for Mr Davidson (10/0783)

Motion by R Fisher
Seconded by H Sawrey-Cookson

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

1. That the development hereby 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 dated 6 October 2010 and shall not be varied other than by prior agreement in writing by the local planning authority.
3. All rainwater goods required should be in black cast iron. Gutters should be fixed by means of hangers and brackets and no fascia boards should be used.

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 preserve and enhance the character and appearance of the Listed Building.

Pla/168/12/10 Listed Building Application for the replacement conservatory and internal alterations to dwelling at Clyde Cottage, 30 Arthur Street, Penrith for Mr Davidson (10/0784)

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

1. The development hereby 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 dated 6 October 2010 and shall not be varied other than by prior agreement in writing by the local planning authority.
3. All rainwater goods required should be in black cast iron. Gutters should be fixed by means of hangers and brackets and no fascia boards should be used.

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 preserve and enhance the character and appearance of the Listed Building.

Councillor M Davidson re-joined the meeting and re-took the Chair at 10.45am

Pla/169/12/10 Demolition of workshop, shop and fuel canopy and erection of new fuel forecourt and convenience store at Townfoot Garage, Station Road, Alston for James Hall & Co Ltd (10/0889)

The Committee received a presentation from Ms S Kempsey objecting to the application
The Committee received a presentation from Mr Hodgson, the applicant's agent, in support of the application
The Committee received a presentation regarding the application from Councillor R Turner the local ward Member.

Motion by R Fisher
Seconded by M Holliday

And RESOLVED unanimously that the application 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 and shall not be varied other than by prior agreement in writing by the Local Planning Authority.
3. Prior to the commencement of development on the site precise details of the colour and means of laying the stonework within the development shall be agreed in writing with the local planning authority.
4. The works within the highway shall be constructed and drained to the specification of the Local Planning Authority in consultation with the Highway Authority.
5. The use shall not commence until the access and parking requirements have been constructed in accordance with the approved plan. Any such access and car 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 written consent of the local planning authority.
6. Details of all measures to be taken by the applicant to prevent surface water discharging onto or off the highway shall be submitted to the local planning authority for approval prior to the development being commenced. Any approved works shall be implemented prior to the development being completed and shall be maintained operational thereafter.
7. Notwithstanding the details shown on the approved drawings the new frontage stone wall to the site shall be constructed to a height of 1m above finished pavement level.
8. The mitigation measures recommended within the report (Environmental Risk Assessment 09/0224 completed by Geo2) should be undertaken. Prior to any development or demolition commencing on the site a scheme must be submitted to and agreed in writing with the LPA which must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land. Prior to development commencing an additional site investigation and risk assessment must be undertaken to assess the nature and extent of any contamination on the part of the site from the proposed new fuelling area to the southern boundary. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. This must be conducted in accordance with DEFRA and the Environment Agency's Model Procedures for the Management of Land Contamination, CLR 11'
9. Prior to the commencement of the development details of all external fixed plant and equipment including the sound power levels and the means of providing any sound attenuation thereto shall be submitted to and approved by the Local Planning Authority.
10. Details of all 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 to be used (including luminaire type, mounting height, aiming angles and luminaire profiles) The lighting shall be installed , maintained and operated in accordance with the approved details unless any written consent to its variation by the Local Planning Authority.
11. The operating hours of the development shall be limited to the following: 0700 to 2200 hours on any day. Deliveries to the development shall only take place within the business opening hours.

Reasons

1. In order to comply with the provisions of the Town and Country Planning Act 1990.
2. To ensure satisfactory development and to avoid any ambiguity as to what constitutes the permission.
3. In the interests of road safety.
4. To ensure a minimum standard of access provision when the development is brought into use.
5. In the interests of highway safety and environmental management.
6. In the interests of highway safety.
7. In the interests of enhancing the character of the street scene.
8. To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
9. In order to protect the amenities of adjacent residential accommodation.
10. In order to protect the amenity of adjacent residential property.
11. To protect the amenity of adjacent residents.

Pla/170/12/10 Confirmation of Site Visits

Site visits, agreed elsewhere in these minutes, will take place on 6 January 2011 in Kirkby Stephen at a time and venue to be confirmed.

Pla/171/12/10 Date of Next Meeting

The next scheduled full meeting of the Committee will be held on 20 January 2011

The meeting closed at 11.15pm