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Planning Applications Committee Minutes - 16 June 2005

Present:

Chairman: Councillor R V Turner
Vice Chairman: Councillor M Davidson
Councillors: Mrs E Cook
P B Huddleston
B Metz
H Sawrey-Cookson
J G Thompson
R A Brunskill
Mrs M J Herbert
Mrs E Langan
H W Threlkeld
Ms J Brook
A P Richardson
Lead Officer in Attendance: Mr G Clark Assistant Director (Planning Services)
Democratic Services Officer: Hadrian Lister

Pl/24 Apologies for Absence

Apologies were received from Councillors G Nicholson and M Metcalfe-Gibson

Pl/25 Minutes

The minutes Pl/3 to Pl/23 of the meeting of this Committee held on 19 May 2005 were signed as a correct record of those proceedings.

Pl/26 Declarations of Interest

  1. Councillor R A Brunskill declared a personal and prejudicial interest in item 1 on the reports for debate.
  2. Councillor A Richardson declared a personal interest in item 1 on the reports for debate
  3. Councillor Ms J Brook declared a personal and prejudicial interest in item 1 on the reports for debate in her capacity as a member on the Whinash Farm Enquiry

Pl/27 High Hedges Legislation

The Committee considered the report TS80-05 of the Director of Technical Services. Members were informed on Part 8 of the Anti-Social Behaviour Act 2003 and the associated Statutory Instruments concerning High Hedges that came into force on 1 June 2005.

RESOLVED that the report be endorsed

Reasons for decision

  1. to provide an appropriate procedure, including the setting of a fee and the creation of administration arrangements to enable the council to discharge its duty under Part 8 of the Anti-Social Behaviour Act 2003, concerning High Hedges
  2. to adopt the procedures as part of the Council's policy framework.

PI/28 Hall Farm Morland

The Committee considered a supplementary report TS82-05 of the Director of Technical Services which reported on the "minded to" decision regarding the application made at a previous meeting of this Committee.

RESOLVED that the application be DEFERRED to allow further time to submit a revised scheme.

Pl/29 Appeal Decision Letters

The Committee considered report TS90-05 of the Director of Technical Services which detailed the list of Decision Letters received since the last meeting

Application Number(s) Applicant Appeal Decision
7/2004/3075 Mr N Potter
Field No 5360 at Ulcat Row, between Chapel Hill and Laal Steans,
CA11 0LE
Dismissed
04/0655 Mr and Mrs Stobbs
Site at 47 Croft Avenue, Penrith
Dismissed
04/0746 Mr and Mrs I F Dickinson
Site at 44 Croft Avenue, Penrith
Dismissed
04/0908 Mr A Chalmers
Site at Blencathra Barn, Newton Reigny, Penrith
Dismissed
04/0457 N & L Hughes
Site at Oak Tops Barn, Great Asby, Appleby in Westmorland
Allowed
03/0395 Miss A Bell
Kelcari, Great Strickland, Penrith
Dismissed

RESOLVED that the report be noted.

PI/30 Applications Determined Under Officer Delegated powers for the month of May 2005

The Committee was advised of the applications for the planning permission which had been determined by the Director of Technical Services in May 2005 under powers delegated to him as detailed in agenda item 7a

Resolved that the list detailed in Applications Determined Under Officer Delegated Powers for the month of May 2005 (Appended to these minutes at Appendix 7a - PDF 67Kb or Appendix 7a - RTF 103Kb) be noted

Pl/31 Reasons for Refusal on delegated Decisions for the month of May 2005

The Committee considered the reasons for refusal on delegated decisions for the month of May 2005 as detailed in agenda item 7b.

RESOLVED that the Reasons for Refusal (Appended to these minutes at Appendix 7b - PDF 67Kb or Appendix 7b - Word 1Mb) be noted

Pl/32 Application Recommendations Made Under Officer Delegated Powers Within The Lake District National Park for the Month of May 2005

The Committee was advised of the recommendations on applications for planning permission which has been determined under Officer delegated powers within the Lake District National Park in May 2005 as detailed in agenda item 7c

RESOLVED that the list of Recommendations Made under Officer Delegated Powers Within the Lake District National Park for the month of May 2005 (Appended to these minutes at Appendix 7c - PDF 67Kb or Appendix 7c - RTF 21Kb) be noted

Pl/33 Decisions of the Lake District National Park Authority in respect of the Applications for Planning Permission for the month of May 2005

The Committee was advised of the decisions made by the Lake District National Park Authority on Applications for Planning Permission for May 2005 as detailed in agenda item 7d

RESOLVED that the list of decisions determined by the Lake District National Park Authority for the month of May 2005 as detailed in agenda item 7d (Appended to these minutes at Appendix 7d - PDF 67Kb or Appendix 7d- RTF 8Kb) be noted.

Pl/34 Items Requiring a Decision of the Committee

The Committee was advised of applications requiring a decision by Members, as detailed in the reports for debate on the agenda.

RESOLVED that:

  1. the following applications for planning permission ("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 Section 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 in response to any appropriate additional conditions.

Pl/35 Land at Hoff Moor (03/0788)

Councillor Ms J Brook and Councillor R A Brunskill declared a personal and prejudicial interest in the application and withdrew from the meeting during consideration thereof

Moved by Councillor B Metz

Seconded by Councillor H Sawrey-Cookson

That consideration of the application be deferred

A vote was taken when there were:

  • For the motion - 9
  • Against it -0
  • Abstentions - 2

And it was RESOLVED accordingly

Reason

  1. Further consultations in consideration of the extension of the National Park boundary

Pl/36 Plot 13, Fallowfield, Cliburn (05/0211)

The Committee received a presentation from Mr Ballard supporting the application

Moved by Councillor M Davidson

Seconded by Councillor B Metz

RESOLVED that the application be refused

Reasons

  1. The proposal would result in the provision of a market led dwelling outside of an identified Key Settlement or Local Service Centre without any recognised demonstration of need. The proposal would thereby be contrary to the desired aims of National Guidance PPG3 and PPS7, Regional Guidance RPG13, and Local Plan Polices H1, H2, H3 and H5.
  2. The proposal would also impact upon the housing targets of the Authority thereby preventing the siting of an affordable house in a sustainable location within the District where there is an identified need. The proposal is thereby contrary to National Guidance PPG3, Regional Guidance RPG13 and Local Plan Policy H7.

Pl/37 Dover House, Main Street, Shap (05/0231)

The Committee received a presentation from Mr and Mrs Leather objecting to the application.

Motion by Councillor Mrs E M Cook

Seconded by Councillor H W Threlkeld

That the upstairs windows be raised and not be the full length of the wall.

A vote was taken when there were,

  • For the motion- 5
  • Against it - 7

The motion was lost

Motion by Councillor B Metz

Duly Seconded

That the application be approved subject to the conditions detailed within the report

A vote was taken when there were:

  • For the motion 10
  • Against it 2

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 revised details hereby approved, 78/06, 78/07A, 78/08A, 78/09A, 78/10A, received 24 March 2005 and shall not be varied other than by prior agreement in writing by the Local Planning Authority.
  2. Notwithstanding the details shown on plan ref: 78/09 and 78/10 and the requirements of condition 1 there shall be no balcony constructed on the west elevation of house numbers 1, 2, and 3 unless prior written approval has been granted by the Local Planning Authority.
  3. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 no development under Schedule 2, Part 1, Classes A, B, C, E, F shall be carried out without prior written permission of the Local Planning Authority, obtained by the submission of a planning application.
  4. Prior to occupation of the development hereby approved 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.
  5. The dwellings shall not be occupied until the vehicular access and turning requirements have been constructed in accordance with the approved plan and have been brought into use. The vehicular access turning provisions shall be retained and capable of use at all times thereafter and shall not be removed or altered without the prior written consent of the Local Planning Authority.
  6. The whole of the access area bounded by the carriageway edge, entrance gates and splays shall be constructed and drained to the specification of the Local Planning Authority.
  7. The access and parking/turning requirements shall be substantially met before any building work commences on the site so that constructional traffic can park and turn clear of the highway.

Reasons:

  1. To avoid ambiguity as to what constitutes the development in the interest of the character of the site and the area as a whole.
  2. In the interest of neighbouring amenity.
  3. To prevent the overdevelopment of the site and to safeguard the living conditions of adjoining properties and the visual appearance of the site.
  4. In the interest of the road safety of all members of the community.
  5. To ensure a minimum standard of access provision when the development is brought into use in the interest of highway safety.
  6. In the interest of highway safety.
  7. The carrying out of this development without the provision of these facilities during the construction work is likely to lead to inconvenience and danger to road users.

PI/38 Building Plot adjacent to Garth House, Murton (05/0274)

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

Moved by Councillor M Davidson

Seconded by Councillor B Metz

RESOLVED that the application be approved subject to the following additional conditions:

  1. The development hereby granted shall be carried out strictly in accordance with the details and plans hereby approved (drawing Nos 105/109/01,02,03,04 dated as received by the Local Planning Authority on 4 April 2005 and shall not be varied other than by varied other than by prior agreement in writing by the Local Planning Authority.
  2. Notwithstanding the details submitted with the application, no development shall be commenced on site until samples or full details of all external finishing materials to be used on the building have been submitted to and approved by the Local Planning Authority. Such details shall include the type, colour, texture and method of application/construction of the materials.
  3. Prior to the commencement of the development hereby approved, a full scheme for the foul and surface water drainage of the site shall be submitted to and approved in writing by the Local Planning Authority. The scheme so approved shall be completed thereafter prior to the commencement of the development.
  4. Prior to any development occurring on the site, a preliminary risk assessment shall be undertaken by the applicant/developer and supplied to the Local Planning Authority in order to identify the possibility of any impact on the site of adjacent former landfill works. Such remedial works as may be required shall be undertaken to the satisfaction of the Local Planning Authority prior to the occupation of the development hereby approved.

Reasons:

  1. To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.
  2. For the avoidance of doubt and in order to secure a sympathetic form of development on the site.
  3. To ensure the proper drainage of the site.

Pl/39 The Old Methodist Chapel, Long Marton (05/0313)

Moved by Councillor M Davidson

Seconded by Councillor J G Thompson

&

RESOLVED that the application be approved subject to the following conditions

  1. The development hereby granted shall be carried out strictly in accordance with details and plans, Ref No J626-01, dated as received by the Authority on 13 April 2005

Reasons:

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

Pl/40 Design Awards

The Committee was advised the Design Awards 2005 would be held on Wednesday July 6 at 7.00pm in the Council Chamber at the Town Hall

Councillor R A Brunskill left the meeting at 11.30 am

Pl/41 Exclusion of Press and Public

RESOLVED that, in accordance with Section 100A(4) of the Local Government Act 1972, members of the public (including the press) be excluded from the meeting during discussion of the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraph 12 of Part I of Schedule 12A of the Act.

The following minutes Pl/42 to Pl/43 contains exempt information as described in the relevant paragraph of Part 1 of Schedule 12A of the Local Government Act 1972 and is excluded from this document by virtue of Section 100A of the Act. Below is a summary of those proceedings

The Unauthorised Erection of Chimney Flue, 43 Macadam Way, Penrith
(Pl/42)(Paragraphs 12 and 13)

The Committee considered report TS81-05 of the Director of Technical Services which requested Members consideration about action to be taken in respect of the above

The Committee approved the recommendation on the report

6 Monthly Enforcement Report (Pl/43)(Paragraphs 12 and 13)

The Committee considered report TS89-05 of the Director of Technical Services which informed and updated Members on planning enforcement issues since November 2004

The Committee noted the contents of the report.

The meeting closed at 11:40 am