Planning Committee Minutes: 16 September 2010

Present:

Before the meeting began, the Chairman explained that the Council encouraged comments from residents on planning issues, and that it was everyone's right to make objections to a planning application and voice those objections. Planning is an emotive issue and although objectors were often genuinely concerned, it was unacceptable to openly accuse people of lying without justification, and offensive to deal with an issue by intimidating someone. Residents with a passion about serving the community were encouraged to stand in the district council elections in 2011.

Pla/80/1/9/10 Apologies for Absence

Apologies for absence were received from Councillor Mrs Richardson.

Pla/81/9/10 Minutes

Minutes Pla/64/8/10 to Pla/79/8/10 of the meeting of this Committee held on 19 August 2010 were approved as a correct record of those proceedings.

Pla/82/9/10 Declarations of Interest

1. Councillor Eyles declared a personal interest in respect of item 4 (3 Sandath Gardens, Fell Lane, Penrith) on agenda item 8e as he had been approached by the applicant regarding the application, had viewed the site and asked for it to be heard at Committee. Councillor Eyles declared that had had received a number of emails which he had not opened or read so as not to prejudice his views.

Pla/83/9/10 Appeal Decision Letters

The Committee considered report TS107-10 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/84/9/10 Dent Company, Unauthorised Haulage Depot, Greengill, Penrith Enforcement Progress Report

The Committee considered report TS103-10 of the Director of Technical Services which provided Members with an update on the latest planning situation with regard to the unauthorised haulage depot at Greengill, Penrith and the Company's attempts to find alternative premises.

RESOLVED that:

1. the contents of the report be noted; and
2. a letter be written to Dent Company advising that at present there are insufficient details on progress and therefore the Council cannot justify granting an extension in the time period for compliance to the enforcement notice that takes effect on 3 December 2010.

Pla/85/9/10 Application for Certificate of Lawfulness - use of land for the storage and distribution of coal and the use for the siting of a diesel tank, a pit, a timber building for the storage of materials, all used in association with the operation of a haulage business, including fuelling of wagons, washing of wagons, limited maintenance to those same wagons and the storage from time to time of aggregates and other materials at the Old Coal Yard, Clifton Moor Station, Clifton for Mr and Mrs Little

The Committee considered joint report CLS44/10 of the Directors of Corporate and Legal Services and Technical Services which asked members consideration of an application for a Certificate of Lawfulness for the Old Coal Yard, Clifton Moor Station. Members were advised that their decision had to be based on factual evidence and whether on the balance of probabilities, the activities were lawful or immune from enforcement action on 21 January 2004.

RESOLVED that a Certificate of Lawfulness be issued in respect of the Old Coal Yard, Clifton Moor Station, Clifton as follows:

1. In respect of the land shown coloured blue on the attached plan Appendix 1 (PDF: 745 Kb / 1 page) use of the land for the storage of coal and its distribution by a single vehicle;
2. In respect of the land shown coloured pink on the attached plan (Appendix 1) - the use of the land for the siting of one diesel tank, the fuelling of three wagons, washing of three wagons and limited maintenance of those same wagons in association with the operation of a haulage business; and
3. that a note be added to the certificate to the effect that a Tree Preservation Order (TPO) covers part of the site of the coal yard and that this decision doesn't affect the validity of the TPO.

Reason for decision

The Committee were satisfied, on the balance of probabilities, that the above activities were lawful or immune from enforcement action on 21 January 2004.

Pla/86/9/10 Planning Application No: 10/0506 Alterations to Existing Raised Planter and Removal / Replacement of Existing Pine Tree Voreda House, Portland Place, Penrith for Cumbria Partnership NHS Foundation Trust

The Committee considered report TS108-10 of the Director of Technical Services which allowed Members to consider further the planning application considered at the meeting of the Planning Committee on 19 August. At its meeting on 19 August 2010, the Committee resolved to be minded to refuse the planning application on the grounds that insufficient evidence had been put forward to demonstrate that the remedial works to the building would require the removal of an otherwise healthy tree located within the designated conservation area.

RESOLVED that

1. the 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 and the existing planter, tree and shrubbery be removed and replaced by a more appropriate planter and trees following consultation and agreement with the Council's Tree Officer;
   3. A scheme of replacement planting shall be submitted to and agreed by the Local Planning Authority. The approved planting scheme shall be carried out not later than the first planting season following the substantial completion of the works and shall be maintained for a minimum period of five years thereafter. During that time any planting material that dies or becomes diseased or damaged shall be replaced with a plant of a similar size and species.
   Reasons
   1. In order to comply with the provisions of the Town and Country Planning Act 1990.
   2. To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.
      and
2. the temporary TPO relating to the existing tree be removed.

Pla/87/9/10 Applications Determined under Officer Delegated Powers for the Month of August 2010

The Committee was advised of the applications for planning permission which had been determined by the Director of Technical Services in August 2010 under powers delegated to him as detailed in agenda item 8a.

RESOLVED that the list detailed in Applications Determined Under Officer Delegated Powers for the Month of August 2010 attached to these minutes as Appendix 2 (PDF: 113 Kb / 10 pages) be noted.

Pla/88/9/10 Reasons for Refusal on Delegated Decisions for the Month of August 2010

The Committee considered the reasons for refusal on delegated decisions for the month of August 2010 as detailed in agenda item 8b.

RESOLVED that the report be noted attached to these minutes as Appendix 3 (PDF: 163 Kb / 9 pages).

Pla/89/9/10 Application Recommendations made under Officer Delegated Powers for County Matters for the Month of August 2010

The Committee was advised of the following application recommendation made under officer delegated powers for county matters for the month of August 2010 as detailed in agenda item 8c.

RESOLVED that the list of decisions be noted. Attached to these minutes as Appendix 4 (PDF: 14Kb / 1 page).

Pla/90/9/10 Decisions of the Lake District National Park Authority in Respect of the Applications for Planning Permission for the Month of August 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 August 2010.

RESOLVED that the list of decisions of the Lake District National Park Authority be noted attached to these minutes as Appendix 5 (PDF: 42 Kb / 4 pages).

Pla/91/9/10 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;

Pla/92/9/10 Proposed Conversion of Existing barns to Form Three Dwellings and Construction of Two Semi-Detached Properties (Two Market Led and Three Affordable) With Access and Parking at Barns Adjacent to Bankfoot House, Newton Reigny for Mrs E Little (10/0140)

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

The Committee received a presentation from Mr Bruce Armstrong-Payne, the applicants' agent, in support of the application.

RESOLVED that planning permission be APPROVED subject to the applicant entering into a Section 106 Agreement with the Council to provide three affordable units in perpetuity and 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 03-14-123, 120a, 121a, 122a, 124, 125 received 19 July 2010) and shall not be varied other than by prior agreement in writing by the Local Planning Authority.
3. Notwithstanding the details submitted, 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. Development shall not be occupied until drainage works have been carried out in accordance with details to be submitted to and approved in writing by the Local Planning Authority.
5. 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, Parts 1 and 2 of the said Order shall be carried out without the prior written permission of the Local Planning Authority.
6. The development shall be carried out in strict accordance with the bat and barn owl survey reports submitted with the application, including provision of any proposed details of habitat protection/creation.
7. All windows and doors in the external elevations of the proposed development shall be fabricated in timber, which shall be painted white, unless an alternative is agreed in writing by the Local Planning Authority, and shall be retained thereafter.
8. The development shall not commence until visibility splays providing clear visibility of 60 metres measured from 2.4 metres down the centre of the access road and the nearest channel line of the major road have been provided at the junction of the access road with the county highway. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order) relating to permitted development, no structure, vehicle or object of any kind shall be erected, parked or placed and no trees, bushes, or other plants shall be planted or be permitted to be grown within the visibility splay which obstruct the visibility splays.
9. The carriageway and footways shall be designed, constructed, drained and lit to a standard suitable for adoption and in this respect further details, including longitudinal cross sections, shall be submitted to the Local Planning Authority for approval before work commences on site. No work shall be commenced until a full specification has been approved. These details shall be in accordance with the standards laid down in the current Cumbria Design Guide. Any works so approved shall be constructed before the development is complete.

Reasons:

1. In order to comply with the provisions of the Town and Country Planning Act 1990.
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 adequate drainage of the site is carried out as approved.
5. To prevent the overdevelopment of the site and to safeguard the living conditions of adjoining properties and the visual appearance of the area.
6. To safeguard wildlife in the interests of nature conservation.
7. To protect the character and appearance of the barns.
8. In the interests of highway safety.
9. To ensure a minimum standard of construction in the interests of highway safety.

Pla/93/9/10 Erection of Single-Storey Dwelling on Land Adjacent to Gill Forge, Ellonby for Mr and Mrs Wilson (10/0492)

The Committee received a presentation from Mr M Reid objecting to the application.
The Committee received a presentation from Mr Wilson, the applicant, in support of the application.
The Committee received a presentation from Councillor G R Savage as the Local Ward Member.
Councillor Holliday stated that as he recognised the applicant he would take no part in the discussion or decision thereon.

RESOLVED that the application be REFUSED for the following reason:

1. the proposed site lies on the outskirts of the settlement extending the village footprint further into open countryside and the village is not an identified Key or Local Service Centre within the adopted Eden Core Strategy. The site of application is an area identified as open countryside. No proposal has been submitted to show that the dwelling would be genuinely affordable and available to local people in housing need in perpetuity The justification for the application is not considered sufficient to override policy considerations and no supporting documentation has been submitted to indicate that the existing dwelling located within the village cannot be extended to meet the applicants' future needs.

The meeting was adjourned at 11.45am for a short break before reconvening at 12.00pm.

Pla/94/9/10 Erection of 2 No Two Storey Semi-detached Holiday Cottages (Superseded Planning Application 05/0118) on Land Adjacent to Chapel Farm Caravan Park, Little Asby, Appleby for Mr Williams (10/0361)

Councillor M Davidson withdrew from the meeting at 12.05pm.

RESOLVED that Members be minded to refuse the application on the grounds of over development and that the precise reasons for refusal be considered at the next meeting of this Committee.

Councillor Davidson rejoined the meeting.

Pla/95/9/10 Retention of Boundary Fence and Provision of Additional Fencing, 3 Sandath Gardens, Fell Lane, Penrith for Mr S Knafler and Mrs Y Knafler (10/0508)

The Committee received a presentation from Mr and Mrs Knafler in support of the application.

RESOLVED that the application be REFUSED for the following reasons:

1. The fence is located in a prominent position where its appearance and attachment to the top of the stone boundary wall represents an unattractive feature harmful to the character and appearance of the designated Penrith New Streets Conservation Area within which it is located.

Pla/96/9/10 Renovation of Former Dwelling to Form New Dwelling at Middle Skellgill, Alston for Mr Boylon (10/0574)

The Committee were advised that this item had been deferred.

Councillor M Davidson left the meeting at 12.30pm.

Pla/97/9/10 Continuation Beyond Three Hours

RESOLVED that the meeting continue beyond the three hours provided for in Rule 9 of the Council's rules of procedure.

Pla/98/9/10 Exclusion of 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.

Pla/99/9/10 Order of Agenda Items

RESOLVED that item 13 on the agenda, Unauthorised Occupation of Holliday Lodges, Yanwath be taken before item 12, 6 Monthly Enforcement Report.

Unauthorised Occupation of Holiday Lodges, Yanwath (Pla/100/9/10) (Paragraphs 5 and 6)

The Committee considered report TS104-10 of the Director of Technical Services which reported on the unauthorised occupation of holiday lodges at Yanwath.

Members agreed the recommendations on the report.

Six Monthly Enforcement Report (Pla/101/9/10) (Paragraphs 5 and 6)

The Committee considered report TS105-10 of the Director of Technical Services which informed and updated Members of planning enforcement issues since the last six monthly enforcement report which was presented in March 2010.

RESOLVED that the report be noted.

The meeting closed at 1.05pm