Planning Site Visit Minutes: 3 May 2012

Present:

Pla/255/5/12  Apologies for Absence

Apologies for absence were received from Councillors M Slee, J Thompson and I Torkington.

Pla/256/5/12  Declarations of Interest

There were no declarations of interest made at this meeting.

Pla/257/5/12  Planning Applications – Committee Decisions

The Committee was advised of the application requiring a decision by Members as detailed in a report of the Head of Planning Services.

RESOLVED that:

1. the following application for planning permission ("the application") is determined as indicated hereunder;

2. the application which is 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. the application which is refused be refused for the reasons set out in the report and/or any reasons set out below;

4. the application which the Head of Planning 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/258/5/12  Erection of 143 Dwellings, Including 29 units of Affordable Housing, Open Spaces and Associated Infrastructure and including the Demolition of Bongate Cross at Land off Cross Croft / Back lane, Appleby for Story Homes – Mr A Butler (Planning Application No: 11/0989)

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

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

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

The Committee received a presentation from Mrs Faustino objecting to the application

The Committee received a presentation from Mr Page objecting to the application

The Committee received a presentation from Mr Campbell objecting to the application

The Committee received a presentation from Mr Maguire objecting to the application

The Committee received a presentation from Mrs Guest objecting to the application

The Committee received a presentation from Rachel Lightfoot and Andy Dolby, the applicants agents, in support of the application.

Moved by Councillor H Sawrey-Cookson
Seconded by Councillor Ms D Wicks

and RESOLVED that Members be minded to REFUSE the application and that the application be brought back to a future meeting of this Committee for further consideration and determination

The Chairman considered that the following item should be considered as a matter of urgency at this meeting because a delay of one committee cycle would not be in the best interests of the efficient operation of the service.

Pla/259/5/12  Planning Application No: 11/0547 Full planning Application for the Erection of a Dwelling House at land to North of Rylukean, Milburn, Penrith for Mr and Mrs S Johnson

The Committee considered report CD42/12 of the Head of Planning Services which asked Members to further considered the application which they had been minded to approve at their meeting on 19 April 2012, and provided conditions for approval should they continue to be minded to approve the application contrary to officer advice and in the light of additional advice contained within the report.

RESOLVED that delegated power be given to the Head of Planning Services to grant planning permission subject to the applicant first entering into unilateral undertaking to the satisfaction of the Director of Corporate and Legal Services and the Head of Planning Services requiring a financial contribution in relation to the Council’s Affordable Housing Policy in this instance and 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 planning permission shall be carried out strictly in accordance  with details and plans hereby approved ( drawing Nos. 1011.24.03C, 04C and 05C and date stamped 1 March 2012) and shall not be varied other than by prior agreement in writing by the Local Planning Authority.

3. No development shall take place until full details of both hard and soft landscaping works, together with a schedule and specification of boundary treatments, including a phased programme of works, has been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved prior to the occupation of the dwelling or in accordance with the programme agreed with the Local Planning Authority.  Any trees or plants which die or are removed within the first five years following implementation of the landscaping scheme shall be replaced with similar stock during the next planting season.

4. Notwithstanding the details shown on the approved plan, the dwelling house hereby approved shall be externally finished in natural stone under a slate roof.  Further, prior to the commencement of work on site, samples of the materials to be used on the external surfaces of the development shall be submitted to and approved in writing by the Local Planning Authority, together with the provision of sample panels where necessary.  Thereafter the development shall be undertaken strictly in accordance with the the agreed details.

5. The existing trees on site shall not be lopped, felled or otherwise affected in any way (including the raising or lowering of soil levels under the crown spread of the trees without the prior written permission of the Local Planning Authority.

6. Prior to the commencement of work on site the entire root system of trees to be retained, as shown on the approved site layout plan, indicated by the spread of their branches, shall be protected by stout exclusion fencing until completion of development.

7. The area beneath the spread of branches of the trees to be retained as shown on the approved site layout plan shall not be used for storage of building materials, plant or machinery or other items, or for vehicular access or for the burning of materials of any kind.

8. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development ) Order, no additions or extensions to the dwellinghouse; additions or extensions to the roof of the dwellinghouse; alterations to the shape of the roof of the dwellinghouse; erection or construction of a porch outside any external door of the dwellinghouse; or, provision within the cartilage of the dwellinghouse of any building or enclosure; shall be carried out without the prior permission of the Local Planning Authority, obtained through the submission of a planning application.

9. Prior to the commencement of work on site the developer shall submit details of existing and proposed levels, including details of re-grading of land form and finished floor levels, for the agreement of the Local Planning Authority.  Thereafter the work shall be undertaken strictly in accordance with the agreed scheme.

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 the satisfactory appearance of the site in the interests of visual amenity.

4. To ensure that the materials harmonise with the surroundings.

5. To safeguard the trees in the interests of visual character and appearance.

6. To safeguard the trees in the interests of visual character and appearance.

7. To safeguard the trees in the interests of visual character and appearance.

8. To prevent the overdevelopment of the site and to safeguard the character and appearance of the area bounding the entrance of Milburn Conservation Area.

9. To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.