Planning Site Visit Minutes: 30 April 2012

Present:

Pla/255/4/12 Apologies for Absence

Apologies for absence were received from Councillors J Thompson, M Slee and I Torkington. Councillor Mrs S Orchard attended on behalf of Councillor Thompson. Councillor Miss M Clark attended on behalf of Councillor Slee. Councillor G Bowen attended on behalf of Councillor Torkington for item 1 on agenda item 3 only.

Pla/256/4/12 Declarations of Interest

1. All Councillors present declared that they had been lobbied by the applicant on applications 11/0053, 11/0052 and 10/0154 (to be heard as items 2, 3 and 4 on agenda item 3).
2. Councillor Holliday declared a personal non prejudicial interest in item 1 on agenda item 3 (Planning Application No 11/0706) as the applicant was known to him.
3. Councillors Ms D Wicks and D Harding declared personal non prejudicial interests in item 2, 3, and 4 on agenda item 3 (applications 11/0053, 11/0052 and 10/0154) as an objector to the application was known to them.

Pla/257/4/12 Proposed 20m Wind Turbine at Ratten Castle, Sowerby Row, Carlisle for Mr J Stalker (Planning Application No 11/0706)

The Committee considered the above application which was the subject of a site visit.

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

Motion by Ms D Wicks
Seconded by D Harding

That the application be approved

A vote was held where there were:

For the motion: 9
Against the Motion: 2

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 approved shall be carried out strictly in accordance with the details received on 18 August 2011 and 3 January 2011 and shall not be varied other than by prior agreement in writing with the local planning authority.
3. The wind turbine mast, turbine housing and blades shall be pre-coloured Flint Grey (British Standard 00A09) 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 the development.
   1. The rating level of noise emissions from the wind turbine hereby permitted shall not exceed 43 dB (A), or the prevailing background noise level at any particular wind speed plus 5 db(A), whichever is the greater value, between 0700 and 2300 hours as measured as the LA90 (10 mins) outside any nearby dwelling.
   2. The rating level of noise emissions from the wind turbine hereby permitted shall not exceed 35 db LA90, 10 mins or the prevailing background noise level at any particular wind speed plus 5 dB(A), whichever is the greater value, between 2300 hours on one day and 0700 hours the next day as measured outside any nearby dwelling.
   3. In the case of i) and ii), the rating level shall include a +5dB Noise Penalty in the event of any tonal characteristics being present. Measurements shall be made in accordance with the Guidance in ETSU-R-97 - The Assessment and Rating of Noise from Wind Farms.
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 former 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.

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.
4. In the interests of neighbouring amenity.
5. In the interest of visual amenity.

Councillor G Bowen left the meeting at 12.25pm

Pla/258/4/12 Full Planning Application for Residential Development of 10 Affordable Dwellings (Comprising Conversion of Former Public House to 6 Affordable Dwellings and Erection 4 Affordable Houses on Former Beer garden)(Partially Retrospective Application) at Grey Bull, Scotland Road, Penrith for Mr K Dudson, KG Dudson Ltd (Planning Application No 11/0053)

The Committee considered the above application which was the subject of a site visit.

The Committee received a presentation from G Bowman objecting to the application.
The Committee received a presentation from J Hebson objecting to the application.
The Committee received a presentation from Councillor G Nicolson who had been asked to speak by local residents.
The Committee received a presentation from G Norman, the applicant's architects, in support of the application.

Motion by H Sawrey-Cookson
Seconded by Ms D Wicks

That the application be deferred and clarification be sought on a number of issues.

Amendment by M Holliday
Seconded by W Patterson

That the Committee be Minded to Refuse the application due to concerns about overdevelopment and the effect on trees on the site and that consideration of the precise reasons for refusal be deferred for consideration at a future meeting of the Committee.

Councillor H Sawrey-Cookson with the consent of Councillor Ms D Wicks withdrew the original motion and the amendment was put as the substantive motion and a vote was held where there were:

For the Motion 8
Against the motion 1

And RESOLVED that the Committee be Minded to Refuse the application due to concerns about overdevelopment and the effect on trees on the site and that consideration of the precise reasons for refusal be deferred for consideration at a future meeting of the Committee.

Pla/259/4/12 Outline Planning Application for Residential Development at Land off White Ox Way, Inglewood Road, Penrith for Mr K Dudson, KG Dudson Ltd (Planning Application No 11/0052)

It was RESOLVED that this application be deferred until application 11/0053 has been determined as the applications are linked in relation to the provision of affordable housing.

Pla/260/4/12 Outline Planning Application for a Residential Development at Land at Sandcroft, Penrith for Mr K Dudson, KG Dudson Ltd (Planning Application No 10/0154

It was RESOLVED that this application be deferred until application 11/0053 has been determined as the applications are linked in relation to the provision of affordable housing.

The meeting closed at 1.20pm