Planning Applications Committee Minutes: 18 February 2010

Present:

Pla/171/02/10  Apologies for Absence

An apology for absence had been received from Councillor Mrs E Robinson, Councillor M Eyles attended in her place.

In response to a point of information by Councillor Thompson, Councillor Eyles confirmed that he had received the necessary training to sit on the Planning Committee and that he would refrain from voting on items 5 and 6 on the agenda as he had not been present at all the meetings where these items had been considered previously.

Pla/172/02/10  Minutes

Minutes:

Pla/152/01/10 to Pla/166/01/10 of the meeting of this Committee held on 21 January 2010 and

Pla/167/01/10 to Pla/170/01/10 of the meeting of this Committee held on 4 February 2010

were approved as a correct record of those proceedings.

Pla/173/02/10  Declarations of Interest

1. Councillor Thompson declared that he had been lobbied on items 5 and 6 on the agenda
2. Councillor Holliday declared that he had been lobbied by letter on item 5 on the agenda and had received a telephone call on item 6 on the agenda
3. All Members of the Committee had been lobbied on item 5 on the agenda
4. Councillor M Davidson declared a personal non prejudicial interest in item 5 on the agenda in that he owned property in the Wetheriggs area but he did not think that this property would be affected by the outcome of the application.

Pla/174/02/10  Appeal Decision Letters

The Committee considered report TS12-10 of the Director of Technical Services which detailed the list of decision letters received since the last meeting.

The Committee was also informed verbally of the result of an appeal by Dents Transport. The appeal had been dismissed. A report on the appeal decision would be presented to the March meeting of the Committee.

RESOLVED that the report be noted

Pla/175/02/10  Planning Application No: 09/0936 Installation of BMX track with new access road with connected parking, floodlights and fencing

The Committee considered report TS14-10 of the Director of Technical services which requested them to consider further their decision to be minded to refuse the application.

Motion by M Davidson
Seconded by H Sawrey-Cookson

That the application be refused for the reasons given in the report

A vote was held where there were:

For the motion - 5
Against the motion - 3

(Councillor Eyles refrained from voting as he had not been present for all of the meetings where this item had been previously considered)

RESOLVED that the application be REFUSED for the following reasons:

The construction of a BMX track and associated facilities in this location would have a significant adverse impact on the amenity of nearby residential properties and would therefore be contrary to Policy RE3 of the Eden Local Plan. In addition, although the application site is no longer used for formal activities, it is considered to be a valuable open space used for informal recreational enjoyment by the local community, and the loss of such would be contrary to the provisions of Policy RE1 of the Eden Local Plan.

Pla/176/02/10 Planning Application No 09/0981 Erection of Extra Care Apartments for the elderly (over 55)

The Committee considered report TS22-10 of the Director of Technical Services which requested them to consider further their decision to be minded to refuse the application

Motion by M Davidson
Seconded by H Sawrey-Cookson

That the application be approved subject to the conditions given in the report and also subject to the reserved matters being approved by a future meeting of the Planning Committee

A vote was held where there were:

For the motion - 4
Against the motion - 4

(Councillor Eyles refrained from voting as he had not been present for all of the meetings where this item had been previously considered)

The Chairman exercised her casting vote for the motion and on the motion being  carried it was RESOLVED that the application be APPROVED subject to the following conditions:

1. That the development permitted shall be begun before the expiration of three years from the date of this permission or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.
2. Approval of the details of the siting, design and external appearance of the buildings and the landscaping of the site (called ‘the reserved matters’) shall be obtained from the Local Planning Authority in writing before any development is commenced.
3. That the layout of the site shall broadly accord with that shown on plans 1 - 4 and dated received 12 October 2009 and the accompanying Design and Access Statement.
4. That this permission shall relate solely to the erection of an extra care, residential home for the elderly (over 55), as specified in the ‘Care Services Improvement Partnership Fact Sheet No 6’ dated 13.02.2008 and included within the submitted design and access statement, and for no other purpose, and for no other use within Class C of the Use Classes Order or any other type of residential care home or institution, without the permission in writing of the Council as planning Authority.
5. No development shall commence within the site until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Planning Authority.
   
   This written scheme will include the following components:
   1. An archaeological evaluation to be undertaken in accordance with the agreed written scheme of investigation;
   2. An archaeological recording programme the scope of which will be dependant upon the results of the evaluation and will be in accordance with the agreed written scheme of investigation.
6. “Prior to the carrying out of any demolition works the existing building affected by the proposed development shall be recorded in accordance with a Level 3 survey as described by English Heritage’s document Understanding Historic Buildings A Guide to Good Recording Practice, 2006.  Within two months of the commencement of construction works three copies of the resultant level 3 survey report shall be furnished to the Local Planning Authority.”
7. That prior to the commencement of any work on site the developer shall submit a travel and service plan for the benefit of the residents within the extra care home hereby approved, for the agreement in writing by the Council as Planning Authority.  Thereafter, the use shall be operated in full accordance with the details of the agreed travel and service plan, unless otherwise agreed in writing by the aforementioned Authority.

Reasons:

1. In order to comply with the provisions of the Town and Country Planning Act 1990.
2. The application is in outline form only and is not accompanied by full detailed plans.
3. For the avoidance of doubt and to ensure an appropriate development of the site.
4. For the avoidance of doubt and to ensure that the use of the site is appropriate to this location.
5. To afford reasonable opportunity for an examination to be made to determine the existence of any remains of archaeological interest within the site and for the preservation, examination or recording of such remains.
6. To ensure that a permanent record is made of the building of architectural and historic interest prior to its demolition as part of the proposed development.
7. To ensure that a sustainable travel and service plan is provided for the benefit of the residents occupying the use hereby approved.

Pla/177/02/10 To consider the Confirmation of Tree Preservation Order No 132 2009 – rear of Castle Court, Castlegate, Penrith

The Committee considered report PP7/10 of the Director of Policy and Performance which requested them to consider whether or not to confirm tree preservation order number 132 2009 in light of an objection that had been received.

Motion by M Davidson
Seconded by J Thompson

And RESOLVED unanimously that Tree Preservation Order number 132 2009 be confirmed to ensure continued protection for the tree following the initial six months protection provided by the S201 directive.

Pla/178/02/10 Applications Determined under Officer Delegated Powers for the Month of January  2010

The Committee was advised of the applications for planning permission which had been determined by the Director of Technical Services in January 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 January (Attached to these minutes as Appendix 1: PDF: 131 Kb / 9 pages) be noted.

Pla/179/02/10  Reasons for Refusal on Delegated Decisions for the Month of January 2010

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

RESOLVED that the report be noted (Attached to these minutes as Appendix 2: PDF: 55 Kb / 2 pages).

Pla/180/02/10  Application Recommendations made under Officer Delegated Powers for County Matters for the month of January 2010

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

RESOLVED that the list of decisions be noted. (attached to these minutes as Appendix 3: PDF: 45 Kb / 1 page)

Pla/181/02/10 Decisions of the Lake District National Park Authority in Respect of the Applications for Planning Permission for the Month of January 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 January 2010 as detailed in agenda item 5d.

RESOLVED that the list of decisions of the Lake District National Park Authority be noted Attached to these minutes as Appendix 4: PDF: 86 Kb / 3 pages).

Pla/182/02/10  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/183/02/10 Erection of Five Dwellings (Reserved Matters) at Land off Front Street, Armathwaite for Atkinson Homes (09/0876)

The Committee received a presentation from Mr D Tomlinson objecting to the application

The Committee received a presentation from Mr B Armstrong-Payne in support of the application.

Motion by M Davidson
Seconded by J Thompson

And RESOLVED unanimously that the application be APPROVED 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 approval of the last of reserved matters to be approved, whichever is the later.
   
   Reason: In order to comply with the provisions of the Planning and Compulsory Purchase Act 2004.
2. The development hereby granted shall be carried out strictly in accordance with the details and plans hereby approved drawing received 2 February 2010 and shall not be varied other than by prior agreement in writing by the Local Planning Authority.
   
   Reason: To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.
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.
   
   Reason: To ensure the materials harmonise with the surroundings.
4. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification):
   • No external alterations shall be carried out to the dwellings.
   • No extensions shall be carried out to the dwellings.
   • No garages or carports shall be provided within the curtilage of the dwellings.
   • No vehicle standing space shall be provided within the curtilage of the dwellings.
   • No buildings, gates, walls fences or other structures shall be erected within the curtilage of the dwellings.
   • No windows or dormer windows shall be added to the dwellings.
   Other than those expressly authorised by this permission, unless planning permission for such development has been granted by the Local Planning Authority.
   
   Reason: To protect the residential and visual amenities of the area and neighbouring properties.
5. During the construction phase of the development, activities shall take place only within the hours of 0800 and 1800 on weekdays, 0800 to 1300 on Saturdays and no work on bank holidays or Sundays.
   
   Reason: To protect the amenity of existing residents.

Pla/184/021/10   Residential Development at Stayne Garth, Stainton for Atric Ltd (09/0886)

The Committee received a presentation from Mrs L Scobie-Youngs objecting to the application.

The Committee received a presentation from Ms N Jennings objecting to the application.

The Committee received a presentation from Mr B Armstrong-Payne in support of the application.

Motion by J Thompson
Seconded by M Davidson

That the application be approved

A vote was held where there were:

For the motion - 8
Against the motion - 0
Abstentions - 1

And RESOLVED that the application be APPROVED 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 approval of the last of reserved matters to be approved, whichever is the later.
2. Application for approval of all reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.
3. Approval of the details of the scale, layout, and external appearance of the building (s), means of access thereto and the landscaping of the site (called “the reserved matters”) shall be obtained from the Local Planning Authority in writing before any development is commenced.
4. 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.
5. The carriageway, footways, footpaths, cycleways etc 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 commended 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.
6. Ramps shall be provided on each side of every junction to enable wheelchairs, pushchairs etc to be safely manoeuvred at kerb lines. Details of all such ramps shall be submitted to the Local Planning Authority for approval before development commences. Any details so approved shall be constructed as part of the development.
7. No development shall commence within the site until the applicant has secured the implantation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to and approved by the Local Planning Authority.
8. No trees on the site shall be lopped, topped or felled without the prior written consent of the Local Planning Authority and any scheme submitted for approval of reserved matters shall be accompanied by details showing all planted material to be retained on the site after development and the measures to be undertaken for the protection of such material during the course of development.
9. The development hereby permitted shall not be commenced until such time as a scheme to dispose of foul and surface water has been submitted to, and approved in writing by the Local Planning Authority. The scheme shall be implemented as approved.

Reasons:

1. In order to comply with the provisions of the Planning and Compulsory Purchase Act 2004.
2. In order to comply with the provisions of the Planning and Compulsory Purchase Act 2004.
3. The application is in outline form only and is not accompanied by full detailed plans.
4. To ensure that the materials harmonise with the surroundings.
5. To ensure a minimum standard of construction in the interests of highway safety.
6. To ensure that pedestrians and people with impaired mobility can negotiate road junctions in relative safety.
7. To afford reasonable opportunity for an examination to be made to determine the existence of any remains of archaeological interest within the site and for the preservation, examination or recording of such remains.
8. In the interests of the character and amenity of the area.
9. To protect the local watercourses.

Pla/185/02/10 Erection of Machinery Storage Building at Sockenber Park, Kings Meaburn, Penrith for Mr A Bird (09/0892)

Motion by M Davidson
Seconded by M Holliday

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

1. That development permitted shall be begun before the expiration of three years from the date of this permission.
2. That development hereby granted shall be carried out strictly in accordance with the details and plans hereby approved (Plan drawing Ref Nos 1-3 as dated received by the Local Planning Authority on the 17 November 2009.) and shall not be varied other than by prior agreement in writing by the Local Planning Authority.
3. The machinery storage building hereby approved shall be used solely in connection with, and for the benefit of the associated Caravan site, known as Sockenber Park, and shall not be sold off or used independently from that site or use 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. To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.
3. To ensure a satisfactory form of development on the site.

Pla/186/02/10 Date of Next Meeting

Members were reminded that the next scheduled full meeting of the Committee would be held on 18 March 2010.

The meeting closed at 10.50am