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Eden District Council
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Planning Site Visit Minutes: 2 February 2012

Present:

Chairman: Councillor J G Thompson
Vice Chairman: Councillor D Whipp
Councillors: D Harding
M Holliday
R Howse
K Morgan
W Patterson
H Sawrey-Cookson
M Slee
I Torkington
Ms D Wicks
Lead Officers in Attendance: G Clark - Head of Planning Services
Democratic Services Officer: A Milburn


The meeting commenced at 4pm following the delayed return of the Committee from the site visits.

Pla/186/2/12 Apologies for Absence

No apologies for absence were received.

Pla/187/2/12 Declarations of Interest

  1. Councillor H Sawrey-Cookson declared a personal non prejudicial interest in the first application to be considered under agenda item 3 (application 11/0730 - Wind Turbine at Milburn Grange, Knock) as the owner of the property was known to him.
  2. Councillor W Patterson declared a personal non prejudicial interest in the first application to be considered under agenda item 3 (application 11/0730 - Wind Turbine at Milburn Grange, Knock) as the owner of the property was known to him.
  3. Councillor M Holliday declared a personal non prejudicial interest in the first application to be considered under agenda item 3 (application 11/0730 - Wind Turbine at Milburn Grange, Knock) as the owner of the property was known to him.

Pla/188/2/12 Full Planning Application for the Erection of 1 No. 18 metre, mono pole, twin blade, Wind Turbine at Milburn Grange (11/0730)

The Committee considered application 11/0730 which was the subject of a site visit.

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

Motion by W Patterson
Seconded by H Sawrey-Cookson

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 amended plans hereby approved (unreferenced site location plan and detail specification drawing No. GAIA-WIND- 18-1T and dated received 15 November 2011) and shall not be varied other than by prior agreement in writing by the Local Planning Authority.
  3. That prior to the wind turbine commencing operation, the wind turbine monopole mast, turbine and blades shall be pre-coloured olive green or to an alternative colour to be first agreed in writing with the Local Planning Authority and shall be maintained in that colour for the life of that development.
  4. Within two months of the wind turbine ceasing use for the generation of electricity, it shall be removed from site, and the land restored to its formed condition, in accordance with a scheme of phasing and work, to be first submitted to and agreed in writing by the Local Planning Authority. Thereafter the restoration works shall be undertaken strictly in accordance with the agreed scheme of phasing and work.
  5. Two Public Right of Ways (Nos 346004 and 346003) lie adjacent to the application site and may be affected by site works. The developer shall ensure that the PROWs are not obstructed at any time during or after the completion of site works associated with this development.

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. In the interest of visual amenity and to safeguard the character and appearance of the North Pennines AONB within which the proposal is located.
  4. In the interest of visual amenity and to safeguard the character and appearance of the North Pennines AONB within which the proposal is located.
  5. To support Local Transport Plan Policy W1 and W2.

Pla/189/2/12 Extension of existing caravan park for 20 additional pitches and siting of photovoltaic array at Highgate farm, Morland (11/0854)

The Committee considered application 11/0854 which was the subject of a site visit.

The Committee received a presentation from Councillor M Tonkin, the local ward Member, regarding the application.

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

Motion from the Chair
Seconded by Ms D Wicks

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 (Location and site layout Plan drawing Ref Nos 1 and HF.030611 as dated received by the Local Planning Authority on 27 September 2011) and shall not be varied other than by prior agreement in writing by the Local Planning Authority.
  3. All landscaping works (including a schedule of maintenance to be agreed) as shown on drawing Ref No HF.030611 (June 2011) dated as received by the Local Planning Authority on 27 September 2011shall be carried out in the first planting and seeding seasons following the first occupation of any of the caravans or the completion of this phase of the development, whichever is the sooner, and, together with existing established boundary fence planting, shall be maintained thereafter in accordance with a schedule agreed in writing with the Local Planning Authority.
  4. Any trees or plants forming part of the landscaping of the site, including those on the boundary, which within a period of five years from the first occupation of any of the caravans (as approved on this phase) or the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.
  5. The static caravans hereby permitted shall be used for holiday purposes only and not as a main or sole place of residence. The static caravans on the site shall only be occupied between 1 March in any one year and the 5 January in the succeeding year. Outside that period the static caravans shall not be occupied or utilised only on a day visit basis.

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. In the interests of securing and maintaining a satisfactory form of development on the site.
  4. In the interests of securing and maintaining a satisfactory form of development on the site.
  5. To ensure that the holiday accommodation remains for holiday purposes and to safeguard it falling into a residential use in a location, which without exceptional justification, would be contrary to current planning policy.

Councillor D Harding declared a personal and prejudicial interest in the following application (10/900) as the applicant was known to him.

Pla/190/2/12 Reserved Matters Application for 24 No Extra Care Apartments for the Elderly (over 55) Amended proposal at Park Holme, Eamont Bridge, Penrith (10/900)

The Committee considered application 10/900 which was the subject of a site visit.

The Committee received a presentation from Mr Hadley objecting to the application.
The Committee received a presentation from Mr Dyer, objecting to the application.
The Committee received a presentation from Mrs Gillighan objecting to the application.
The Committee received a presentation from Councillor Ian Holt of Yanwath and Eamont Bridge Parish Council regarding the application.
The Committee received a presentation from Councillor Harold Threlkeld, the Local Ward Member regarding the application.
The Committee received a presentation from Mr Woolerton, the applicant's agent, in support of the application.
The Committee received a presentation from Mr Porter in support of the application.

Motion by D Harding
Seconded by M Slee

That the application be APPROVED subject to the conditions contained within the report.

Amendment by R Howse
Seconded by K Morgan

That the application be APPROVED subject to the conditions contained within the report and an additional condition to restrict permitted development rights on the planted area to the side and rear of the existing dwelling to safeguard the amenity and enjoyment of occupation of Smithy Cottage.

A vote was held where the amendment was approved and on being considered as the substantive motion it was RESOLVED that the application be APPROVED subject to the following conditions:

  1. The development hereby granted shall be carried out strictly in accordance with the details and plans herby approved (drawing Nos2758/10 Rev. U*, 11 Rev. V and 12 Rev. E dated received on 12 December 2011) and shall not be varied other than by prior agreement in writing by the Local Panning Authority.
  2. No development shall take place until full details of both hard and soft landscape works, together with hedgerow boundary planting and new boundary walling and fencing, including a phased programme of works, have been submitted to and approved in writing by the Local Planning Authority and the approved works shall be carried out in full strictly in accordance with the approved details, prior to the occupation of the of the development hereby approved. Any trees or other plants which die or are removed within 5 years following the implementation of the agreed landscaping scheme shall be replaced during the following planting season.
  3. The existing trees shown to be retained on plan No 2758.12.E. shall not be lopped, felled or otherwise affected in any way (including raising or lowering of soil levels under the crown spread of the trees) and no excavation shall be cut under the crown spread of the trees without the written permission of the Local Planning Authority.
  4. Prior to the commencement of development the entire root system of trees to be retained, as shown on plan No 2758.12.E. indicated by the crown spread of their branches, shall be protected by stout exclusion fencing until the completion of development.
  5. The area beneath the spread of the branches of the trees to be retained, as shown on plan no 2758.12.E. shall not be used for the storage of building materials, plant or machinery or other items, or for vehicular access or for the burning of materials of any kind.
  6. Prior to the commencement of the development hereby approved, samples of the materials to be used on the external face of the of the development, including roofs, walls and ground surface, shall be submitted to and approved by the Local planning Authority and this condition shall apply notwithstanding any indications as to these matters which have been given in this application. Thereafter the development shall be undertaken strictly in accordance with the approved details.
  7. Prior to the commencement of the development hereby approved, the developer shall provide a detailed scheme for the access and kerbing arrangement, including levels and material finishes adjacent to the public highway and 'Smithy Barn' to the south of the access position for the prior agreement in writing of the Local planning Authority. Thereafter the development shall be undertaken strictly in accordance with the approved details.
  8. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 there shall be no change to the final form, use and layout of the landscape planting area to the side and rear of Smithy Cottage, identified as 'Existing Dwelling' to the south of the access position to the site, as shown on plan no 2758/12 Rev. E, without the prior consent in writing of the Council as Planning Authority.

Reasons

  1. To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.
  2. To ensure that the development is landscaped and bounded in the interests of the visual character and amenity of the area.
  3. To safeguard the trees to be retained and in the interests of visual amenity
  4. To prevent damage to the trees and in the interests of visual amenity.
  5. To prevent damage to the trees and in the interests of visual amenity.
  6. To ensure that the materials harmonise with the surroundings.
  7. For the avoidance of doubt, in the interests of highway safety and in the interests of visual amenity.
  8. To safeguard the amenity and enjoyment of occupation of Smithy Cottage.

The meeting closed at 5.25pm