Planning Minutes: 21 October 2010

Present:

Pla/102/10/10 Apologies for Absence

Apologies for absence were received from Councillors G Boustead, Mrs E Langan, Mrs D Richardson and Mrs M Wilcox.

Pla/103/10/10 Minutes

Minutes Pla/80/9/10 to Pla/99/9/10 of the meeting of this Committee held on 16 September 2010 were approved as a correct record of those proceedings.

Pla/104/10/10 Declarations of Interest

1. Councillor M Davidson declared that he had been lobbied in respect of item 8 (application no 10/0477) on the green papers.
2. Councillor Fisher declared that he had received an email regarding item 1 (application no 10/0153) on the green papers and, when in business 11 years previously, had dealt with the father of the applicant on item 3 (application no 10/0523). Councillor Fisher also declared that he knew someone who lived adjacent to this application but that this did not compromise his ability to make a decision.
3. Councillor Mrs Lumley declared that she knew the applicant of item 2 (Application no 10/0439) on the green papers as he was a distant relative.
4. Councillor Patterson declared that he would speak on item 1 (application no 10/0153) on the green papers as Ward Member but also that he had a clear personal and prejudicial interest in item 10 (application no 10/0580) on the green papers and would leave the meeting.
5. Councillor Sawrey-Cookson declared that he had met the applicants on item 4 (application no 10/0534) on the green papers two years previously at Committee.
6. Councillor Thompson declared a personal and prejudicial interest in item 5 (application no 10/0615) on the green papers and that he would leave the meeting at this point and hand over to the Vice-Chairman.

Pla/105/10/10 Appeal Decision Letters

The Committee considered report TS118-10 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Pla/106/10/10 Erection of 2 No Two Storey, Semi-detached Holiday Cottages (superseded planning application 05/0118) Land Adjacent to Chapel Farm Caravan Park, Little Asby, Appleby for Mr Williams

Councillor M Davidson declared that as he hadn't been present at the meeting when this was previously discussed he would take no part in the discussion or decision thereon.

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

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

The Committee considered report TS117-10 of the Director of Technical Services which asked Members to further consider the planning application and to provide a reason to be attached to the possible refusal of planning permission following a 'minded to' decision by Members to refuse planning permission at the last meeting of this Committee on 16 September 2010.

RESOLVED that the application be REFUSED for the following reason:

1. The proposal is part of a larger holiday let operation comprising Chapel Farm Caravan Park, which is already disproportionate to the scale and character of the hamlet of Little Asby and the proposal to intensify the use of this operation by the erection of a further holiday cottage, would bring harm to the character of the hamlet and the wider landscape and would conflict with the aims of relevant National and Local Planning Policy Guidance as outlined in PPS7, Cumbria and Lake District JSP Retained Policy EM16: Tourism and Eden Core Strategy Policy CS15: Tourism and the Visitor Economy.

Pla/107/10/10 Applications Determined under Officer Delegated Powers for the Month of September 2010

Councillor M Eyles declared that he was employed by Ullswater Community College who had an application approved under officer delegated powers.

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

RESOLVED that the list detailed in Applications Determined Under Officer Delegated Powers for the Month of September 2010 PDF: 7 pages / 251 Kb be noted

Pla/108/10/10 Reasons for Refusal on Delegated Decisions for the Month of September 2010

The Committee considered the reasons for refusal on delegated decisions for the month of September 2010 as detailed in agenda item

RESOLVED that the report be noted PDF: 7 pages 126 Kb

Pla/109/10/10 Application Recommendations made under Officer Delegated Powers for County Matters for the Month of September 2010

The Committee was advised of the following application recommendation made under officer delegated powers for county matters for the month of September 2010.

RESOLVED that the list of decisions detailed in Application Recommendations Made Under Officer Delegated Powers for County Matters Applications for the month of September 2010 PDF: 1 page / 102 Kb be noted

Pla/110/10/10 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.

RESOLVED that item 3 on the green papers (Planning Application No 10/0523) be taken as the first item on the list of applications for debate.

Pla/111/10/10 Retrospective Application for Change of Use of Barn to Stabling of Horses and Livery, and Proposed Creation of Hardstanding at The Grange, Ivegill for Mr A Fisher (Planning Application No: 10/0523)

RESOLVED that a site visit be undertaken on 4 November due to 'local site concerns' with the decision being taken at the next full meeting of the Planning Committee on 18 November 2010.

Pla/112/10/10 Change of Use from Agricultural Land to Static Holiday Caravan Park for 7 No Caravans and New Access at Black Syke Farm, Sandford, Appleby in Westmorland for Messrs J K and J Peart (Planning Application No: 10/0153)

The Chairman received a petition against the application from Debbie Hilton.

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

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

The Committee received a presentation from Councillor W Patterson as the Ward Member.

RESOLVED that a site visit be undertaken due to 'local site concerns'.

Pla/113/10/10 Full Detail Application, (Amendment to Application Ref No 07/0499 - Erection of Dwelling) Amendment Sought is to Remove the Need for the Applicant to Enter into a Section 106 Agreement Which Required That The New Dwelling is only Used as an Affordable Dwelling on Site Adjacent to Brough Bridge, Church Brough, Kirkby Stephen for Mr K Bowman (Planning Application No: 10/439)

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

RESOLVED that the application be REFUSED for the following reason:

1. In the absence of the previously held exceptional and overriding affordable housing justification, the proposal as submitted would by reason of its siting, scale and detail have a detrimental impact upon the character of the existing street pattern, and result in a visual intrusion into the historical development pattern of the area and its relationship to the existing traditional development and open space evident on the northern approach to the adjacent bridge. The proposal would therefore be harmful to the street scene and the visual amenity of this part of the designated Conservation Area, contrary to Eden Core Strategy Policies CS17 "Principles for the Built (Historic) Environment" and CS18 "Design of New Development".

Pla/114/10/10 Retrospective Application for the Erection (Retention) of a Garden Terrace at The Chantry, Ravenstonedale, Kirkby Stephen for Mr and Mrs J Houston (Planning Application No: 10/0534)

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

The Committee received a presentation from Mr A Willison-Holt, the applicant's agent, in support of the application.

RESOLVED that the application be REFUSED for the following reason:

1. As a result of the development that has taken place, unreasonable and unacceptable harm is caused to the privacy and amenity of the owners/ occupiers of the neighbouring property through overlooking, and this will not be alleviated by the proposed amendments to the structure proposed in this application. The development is therefore contrary to the aims and guidelines of Eden Core Strategy policy CS18: Design of New Development.

The meeting was adjourned at 11.35am for a short break before reconvening at 11.45am.

Councillor Thompson declared a personal and prejudicial interest in the following item of business and withdrew from the meeting during consideration thereof. During his absence, the chair was taken by the Vice-Chairman.

Pla/115/10/10 Proposed Training Room with Parking, Derwent House, Derwent Close, Mardale Road, Penrith for Mr M Jameson (Planning Application No: 10/0615)

Councillor Davidson declared that he knew Mr Harding, one of the objectors, but that he did not consider this to be prejudicial.

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

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

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 herby granted shall be carried out strictly in accordance with drawing numbers 109/150/01, 02B, 03D and 04C hereby approved and shall not be varied other than by prior agreement in writing by the Local Planning Authority.
3. No power tools or machinery being used in connection with the training facility shall be operated on the site other than within the training room itself.
4. 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 be submitted to and approved, in writing, by the Local Planning Authority:
   1. A preliminary risk assessment which has identified:
      • All previous uses
      • Potential contaminants associated with those uses
      • A conceptual model of the site indicating sources, pathways and receptors
      • Potentially unacceptable risks arising from contamination at the site.
   2. A site investigation scheme, based on (i) above 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 works set out in (iii) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.
      Any changes to these components require the express consent of the Local Planning Authority. The scheme shall be implemented as approved.
   5. The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) from Tweddle and Slater and the following mitigation measures detailed within the FRA:
      1. No raising of ground levels within the flood plain.
   6. The use shall not be commenced until the access and parking requirements and pedestrian link, have been constructed in accordance with the approved plan. Any such access and or 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 consent of the Local Planning Authority.
   7. The whole of the access area bounded by the carriageway edge, entrance gates and the splays shall be constructed and drained to the specification of the Local Planning Authority in consultation with the Highway Authority.
   8. Prior to the use being commenced a scheme of car parking management detailing how the operators of the facility will actively promote the use of the overspill car parking area in order to minimise car parking within Derwent Close shall be submitted to and agreed by the local Planning Authority. The operator shall thereafter adhere to the agreed details.
      1. The training facility shall only operate between 08:00 and 17:00 hours on weekdays and shall not be operated at all at weekends or on bank holidays.

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. To safeguard residential amenity.
4. To protect the quality of Myers Beck and groundwater resources.
5. To ensure flood risk is not increased elsewhere as a result of the development.
6. To ensure a minimum standard of access provision when the development is brought into use.
7. In the interests of road safety.
8. To minimise impact on neighbouring residents.
9. To safeguard residential amenity.

Councillor Thompson rejoined the meeting.

Councillor H Threlkeld left the meeting at 12.10pm.

Pla/116/10/10 Erection of Horse Walking Enclosure Building, The Quarters, Calthwaite for Mrs Walker (Planning Application No: 10/0660)

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

The Committee received a presentation from Mr Westgarth, the applicant's agent in support of the application.

RESOLVED that Members be minded to REFUSE the application having regard to the grounds set out in paragraph 3.3.1 of the report and that the precise reasons for refusal be considered at the next meeting of this Committee.

Pla/117/10/10 Proposed Signage to Front and Side of Building for WM Morrison Supermarkets PLC, Brunswick Road, Penrith for WM Morrisons Supermarkets PLC (Planning Application No: 10/0668)

Members were advised that this item had been brought to Committee at the request of an objector. It is understood that a solution had been agreed between the applicant and the objector and amended plans were being submitted and in the circumstances it was RESOLVED that delegated powers be given to the Director of Technical Services to determine the application upon receipt of the amended plans.

Pla/118/10/10 Outline Planning Application for the Erection of an Agricultural Workers Dwelling on Land Between Sycamore Rise and Winder Barn, Great Asby for Mr A Sowerby (Planning Application No: 10/0477)

The Committee received a presentation from Councillor Mrs Raine as the Local Ward Member.

RESOLVED that Members be minded to APPROVE the application having regard to policies CS2 and CS3 of the Core Strategy and that the application and associated conditions be considered at the next meeting of this Committee.

Pla/119/10/10 Renovation of Former Dwelling to Form New Dwelling at Middle Skellgill, Alston for Mr Boylon (Planning Application No: 10/0574)

The Committee received a presentation from Councillor R V Turner as the Local Ward Member.

RESOLVED that the application be REFUSED for the following reason:

1. Insufficient information has been received by the Local Planning Authority to establish the need for a dwelling outside of a Key or Local Service Centre as defined in the Eden District Council Core Strategy Development Plan Document. As such, the proposal would be contrary to Policy NE1 and NE2 of Eden District Council Local Plan and Policies CS2, CS3 and CS7 Core Strategy Development Plan Document.

Councillor W Patterson declared a personal and prejudicial interest in the following item of business and left the meeting at 1.00pm.

Pla/120/10/10 Free Range poultry Shed Field NY7118 5027, Coupland Beck Farm, Appleby for Messrs W and W Patterson (Planning Application No: 10/0580)

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 (site plans and plan view received 2 July 2010, Topographic Survey plan and site plan received 6 August, elevation plans and tree planting plan received 20 September 2010) and shall not be varied other than by prior agreement in writing by the Local Planning Authority.
3. The approved landscaping scheme shall be carried out within 6 months of the date of the first occupation of any building or completion of the development whichever is the sooner unless otherwise agreed in writing by the Local Planning Authority; any trees or plants/grassed areas which within a period of 5 years from the date of planting die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species and quality, unless the Local Planning Authority gives written consent to any variation.
4. Within two months of installation, the feed bins shall be painted juniper green or an alternative colour to be agreed in writing by the Local Planning Authority.
5. There shall be no open storage of waste material, products or manure within or on the poultry farm unit.

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. and 4. To ensure the satisfactory appearance of the site in the interests of visual amenity.

1. In order to secure and maintain a satisfactory form of development and in the interest of the areas amenity.

Pla/121/10/10 Confirmation of Site Visits

RESOLVED that a site visit meeting take place on Thursday 4 November 2010, at a time to be arranged, when the following will be considered:

• Application No 10/0153 Blacksyke Farm, Sandford, Appleby in Westmorland

A visit will also be undertaken on the same day to The Grange, Ivegill (Application No 10/0523) however, the decision on this application will be taken at the next full meeting of the Planning Committee on 18 November 2010

Pla/122/10/10 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/123/10/10 Minutes

Minutes Pla/100/9/10 to Pla/101/9/10 of the meeting of this Committee held on 16 September 2010 were approved as a correct record of those proceedings.

The meeting closed at 1.15pm