Planning Applications Committee Minutes: 21 January 2010

Present:

Pla/152/01/10 Apologies for Absence

No Apologies for absence were received.

Pla/153/01/10 Minutes

Minutes Pla/132/12/09 to Pla/151/12/09 of the meeting of this Committee held on 17 December 2009 were approved as a correct record of those proceedings.

Pla/154/01/10 Declarations of Interest

1. Councillor Sawrey-Cookson declared that he had been lobbied in respect of application 4 on agenda item 5d (applications for discussion)
2. Councillor Holliday declared a personal non prejudicial interest in respect of application 4 on agenda item 5d (applications for discussion) as he knew the applicant.
3. Councillor A D Richardson declared a personal prejudicial interest in respect of application 4 on agenda item 5d (applications for discussion). She declared that she would leave the room and Councillor W Patterson would take her place during consideration of this item.
4. Councillor J Thompson informed the Committee that there was no Conservative party whip used at the Planning Committee.
5. Councillor M Davidson declared a personal interest in application 1 on agenda item 5d (applications for discussion) in that he was a property owner on Clifford Road. He stated that he did not consider that the proposed development would impact on his property and that the interest was non prejudicial.

Pla/155/01/10 Appeal Decision Letters

The Committee considered report TSTS2-10 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/156/01/10 Applications Determined under Officer Delegated Powers for the Month of December 2009

The Committee was advised of the applications for planning permission which had been determined by the Director of Technical Services in December 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 December (PDF: 284 Kb / 13 pages) be noted.

Pla/157/01/10 Reasons for Refusal on Delegated Decisions for the Month of December 2009

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

RESOLVED that the report be noted (PDF: 239 Kb / 12 pages).

Pla/158/01/10 Decisions of the Lake District National Park Authority in Respect of the Applications for Planning Permission for the Month of December 2009

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 December 2009 as detailed in agenda item 5c.

RESOLVED that the list of decisions of the Lake District National Park Authority be noted (PDF: 150 Kb / 4 pages).

Pla/159/01/10 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/160/01/10 Deferral of application

The Committee were informed that the applicant’s agent for application 5 on agenda item 5d (application 09/0932) had requested that consideration of the item be deferred.

RESOLVED that consideration of the application be deferred to another meeting of the Committee.

Pla/161/01/10 Installation of BMX track with new access road with connected parking, floodlights and fencing at The Crescent, Clifford Road, Penrith for Eden District Council (09/0936)

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

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

The Committee received a presentation from Councillor M temple objecting to the application

The Committee received a presentation from Mr C Ford in support of the application.

Motion by M Holliday
Seconded by G Boustead

And RESOLVED that a site visit be undertaken.

Members were informed that the next scheduled date for a site visit was 4 February 2010 in the morning.

Pla/162/01/10 Erection of Extra Care Apartments for the elderly (over 55) at Park Holme, Eamont Bridge, Penrith for Mr B Armstrong-Payne (09/0820)

The Committee received a presentation from Mr Battersby, Chairman of Yanwath and Eamont Bridge Parish Council, objecting to the application.

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

Motion by J Thompson
Seconded by M Wilcox

And RESOLVED that a site visit be undertaken

Pla/163/01/10 Erection of two dwellings at Land adjoining Cherry Trees, Kirkby Thore, Penrith for Mrs J Pallister (09/0797)

RESOLVED unanimously 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, 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.
3. That the layout of the site shall broadly accord with that shown on plans 1 and 2 and dated received 5 October 2009.
4. Details of proposed crossings of the Highway verge and/or footway shall be submitted to the Local planning Authority for approval. The development shall not be commenced until the details have been approved and the crossings have been constructed.
5. Access gates, if provided, shall be hung to open inwards only away from the highway, be recessed not less than 4.5m as measured from the carriageway edge of the adjacent highway and shall incorporate 45 degree splays to each side.
6. The access drive shall be surfaced in bituminous or cement bound materials, or otherwise bound and shall be constructed and completed before the development is occupied or brought into use.
7. The accesses shall be designed to be paired with each other.
8. Details showing the provision of a vehicle turning space within the site, which allows vehicles visiting the site to enter and leave the highway in a forward gear, shall be submitted to the Local planning Authority for approval. The development shall not be brought into use until any such details have been approved and the turning space constructed. The turning space approved shall not thereafter be used for any other purpose.

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. To ensure a suitable standard of crossing for pedestrian safety. To support Local Transport Plan Policies: S4, S3 and LS10.
5. In the interests of highway safety. To support Local Transport Plan Policies S3. LD9 and LD11.
6. In the interests of highway safety. To support Local Transport Plan Policies S3. LD7 and LD5.
7. To minimise the number of separate access points to the public highway. To support Local Transport Plan Policies S3, LD7 and LD5.
8. To ensure that provision is made for vehicle turning within the site and in the interest of highway safety. To support Local Transport Plan Policies S3, LD7 and LD5.

Councillor A D Richardson declared a personal prejudicial interest in the following item and left the meeting at 11.23am.

Her place on the Committee was taken for the following item by Councillor W Patterson

Pla/164/01/10Erection of agricultural workers dwelling (Reserved Matters) 07/1011 at Crossfell House, Milburn for Mr R Armstrong (09/0526)

Motion by H Sawrey-Cookson
Seconded by W Patterson

That the Committee be minded to approve the application

A vote was held where there were:

For the motion: 3
Against the motion: 5

The motion was lost

Motion by J Thompson
Seconded by G Boustead

That the application be refused

A vote was held where there were:

For the motion: 6
Against the motion: 3

And RESOLVED that the application be REFUSED for the following reason:

In the absence of any overriding justification, the scale of the dwelling proposed is not considered to be commensurate with the functional requirement of the enterprise. The proposal therefore conflicts with policies and guidance with Annex A of PPS7, Policy RDF2 of the Regional Spatial Strategy, Policy ST7 of the Cumbria and Lake District Joint Structure Plan and Policy HS7 of the proposed retained Eden Local Plan.

Pla/165/01/10 Confirmation of Site Visits

The Committee would undertake site visits agreed elsewhere in these Minutes on 4 February 2010 at a time to be confirmed.

Pla/166/01/10 Date of Next Meeting

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

The meeting closed at 11.45am