Agenda and draft minutes

Development Control and Regulation Committee
Wednesday, 8th July, 2020 10.00 am

Venue: Please note this meeting will be a virtual meeting and therefore will not take place in a physical location please follow the link to view this meeting live

Contact: Nicola Harrison  Email: nicola.harrison@cumbria.gov.uk

Items
No. Item

147.

Please note that this was a virtual meeting

148.

Roll Call and Apologies for Absence

Roll call and to receive any apologies for absence.

Minutes:

Apologies for absence were received from Mr D English.

149.

Changes in Membership

To note any changes in membership.

Minutes:

It was noted that Mr Gawne replaced Mr English as a member of the Committee for this meeting only. Mr Hitchen was a member of the Committee for this meeting only for the Conservative Group.

150.

Disclosures of Interest

Members are invited to disclose any disclosable pecuniary interest they have in any item on the agenda which comprises

 

1          Details of any employment, office, trade, profession or vocation carried on for            profit or gain.

 

2          Details of any payment or provision of any other financial benefit (other than from the authority) made or provided within the relevant period in respect of any expenses incurred by you in carrying out duties as a member, or towards your election expenses.  (This includes any payment or financial benefit from a trade union within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992.

 

3          Details of any contract which is made between you (or a body in which you have a beneficial interest) and the authority

 

(a)       Under which goods or services are to be provided or works are to be executed; and

 

            (b)       Which has not been fully discharged.

 

4          Details of any beneficial interest in land which is within the area of the authority. 

 

5          Details of any licence (alone or jointly with others) to occupy land in the area of the authority for a month or longer. 

 

6          Details of any tenancy where (to your knowledge)

 

            (a)       The landlord is the authority; and

 

            (b)       The tenant is a body in which you have a beneficial                                                         interest.

 

7          Details of any beneficial interest in securities of a body where

 

(a)       That body (to your knowledge) has a place of business or land in the    area of the authority; and

 

 

(b)       Either –

 

(i)      The total nominal value of the securities exceeds £25,000 or one            hundredth of the total issued share capital of that body; or

 

(ii)     If that share capital of that body is of more than one class, the total nominal value of the shares of any one class in which the relevant person has a beneficial interest exceeds one hundredth of the total issued share capital of that class.

 

In addition, you must also disclose other non-pecuniary interests set out in the Code of Conduct where these have not already been registered.

 

Note

 

A “disclosable pecuniary interest” is an interest of a councillor or their partner (which means spouse or civil partner, a person with whom they are living as husband or wife, or a person with whom they are living as if they are civil partners).

Minutes:

Mr G Cook declared a Pecuniary Interest in Agenda item 8 Application Reference No. 5/20/9004. Proposal: Vary Condition 1 of planning permission 5/16/9005 to allow continued use of the land as part of the Household Waste Recycling Centre (HWRC) for an extended time period of 5 years. Location: Kendal Household Waste Recycling Centre (HWRC), Canal Head North, Kendal, LA9 7BY. He lived within 100m of the site and would therefore withdraw from the meeting. This item would be Chaired by the Vice Chair, Mr A McGuckin.

151.

Exclusion of Press and Public

To consider whether the press and public should be excluded from the meeting during consideration of any item on the agenda.

Minutes:

RESOLVED that, the press and public not be excluded during consideration of any items of business.

152.

Minutes pdf icon PDF 106 KB

To confirm as a correct record the Minutes of a meeting held on 4 March 2020 and 9 June 2020.

 

Additional documents:

Minutes:

Members had before them the minutes of the meetings held on 4 March 2020 and 9 June 2020.

 

The Senior Democratic Services Officer gave an update on the queries raised on the 4 March 2020 Minutes.

 

Page 8, Minute 119, resolution for CA13/28 Burgh by Sands

 

The Commons Registration Officer had advised that the word ‘description’ was missing in the resolution. This to be amended in the minutes to read ‘land of a description specified in Section 11 of the Inclosure Act 1845’.

 

Page 14, minute 126, confirmation of members moving and seconding the motion

 

The 5th paragraph in minute 14 recorded that Mr Bingham moved an additional condition, seconded by Mr Markley. The recommendation was moved and seconded during the debate, not at the conclusion of the debate therefore it was recorded there. For clarification the Senior Democratic Services Officer suggested the words ‘the recommendation and suggested’ be added after ‘He moved’

 

The full sentence to read ‘He moved the recommendation and suggested that planting was increased and an additional condition be included in the permission to reflect this’.

 

Page 15, Minute 126, wording of the additional condition

 

Final sentence to read:

 

‘The additional planting as approved shall be carried out in the first planting season following approval and any trees or plants which die or become seriously damaged or diseased within 5 years of planting shall be removed and replaced in the next planting season with a specimen of a similar species’.

 

9 June 2020

 

Page 18, Minute 132, Changes in Membership. Mrs Carrick highlighted that Mr Gawne was substitute member for Mr L Fisher for the June meeting only and not a permanent member of the Committee.

 

Page 18, Minute 135, last two lines and how this reflected the changes suggested by Mrs Carrick in the meeting. Please see the amendment to the minutes of 4 March above (Page 15, Minute 126, wording of the additional condition).

 

Page 21, Minute 138, Resolution 1, 3rd line. Insert ‘to’ between ‘be’ and ‘delete.’

 

RESOLVED that, subject to the above, the minutes of the meetings held on 4 March 2020 and 9 June 2020 be confirmed as a correct record and signed by the Chairman.

153.

HIGHWAYS ACT 1980 SECTION 119 PROPOSED DIVERSION OF FOOTPATH NO 109097 CITY OF CARLISLE pdf icon PDF 6 MB

[Electoral Division: Castle]

 

To consider a report from the Executive Director – Economy and Infrastructure

 

Minutes:

A report was considered from the Executive Director – Economy and Infrastructure regarding the Highways Act 1980 Section 119 Proposed Diversion of Footpath No 109097, City of Carlisle. The report advised that an application had been received to divert a section of public footpath no 109097 in the City of Carlisle. This could be done under Sections 119 of the Highways Act 1980. Consultations had taken place so as to assist members to reach a decision as to whether or not a diversion order should be made.

The Countryside Access Officer reported that the diversion was in the interest of the landowner. The Committee was shown slides of the area covered by the Order Plan and of the diversion route. The Countryside Access Officer explained how the current route was impractical, showed the current and proposed routes using a photograph of the area and guided members through the proposed diversion using a series of photographs, highlighting the areas where there would be dropped kerbs. He explained how the works would be paid for and that no objections had been received. He considered that the route would not be less convenient  to use than the current path and urged members to accept his recommendation, as set out in the report.

In expressing his support for the diversion, a member referred to an application determined at a previous meeting where a footpath had also been encroached upon. He asked whether a condition had been attached to the planning permission when the flood walls were built to resolve the issue of the blocked footpath and realign it. He considered that it should be standard practice for conditions to be attached to planning permission should a development block a footpath. He referred to the building of flood defences in Kendal and anticipated that similar applications may come before the Committee for the same reason.

The Countryside Access Officer explained that frequently, planning permission was granted for developments and did not take into consideration the realignment of footpaths. In this case it was positive that the applicant would be paying for the diversion. He reported that officers worked with District Councils to avoid this situation however, he agreed that the Committee would continue to see this type of application.

Mr McGuckin, the Local Member considered that it was lucky that the diversion was only a short distance from the original line. He advised that no-one used the current route. He highlighted the disjointed way of working with Carlisle City Council on this matter. He moved that the Order be made. Mr McEwan seconded the motion.

A roll call vote was taken. Members confirmed if they were present and connected for the whole of the Agenda item Following a vote cast as follows, in Favour: 17, Against: 0, Abstain: 0, it was

RESOLVED that, pursuant to the power set out at Part 2G paragraph 2.1(g)(iii) of the Council’s Constitution, an order be made under Section 119 of the Highways Act 1980 to divert a  ...  view the full minutes text for item 153.

154.

Application Reference No. 5/20/9004. Proposal: Vary Condition 1 of planning permission 5/16/9005 to allow continued use of the land as part of the Household Waste Recycling Centre (HWRC) for an extended time period of 5 years. Location: Kendal Household Waste Recycling Centre (HWRC), Canal Head North, Kendal, LA9 7BY pdf icon PDF 953 KB

[Electoral Division: Kendal Nether]

 

To consider a report from the Executive Director – Economy and Infrastructure

 

Minutes:

As he had declared a Pecuniary Interest earlier in the meeting, Mr Cook passed the Chair to Mr McGuckin and withdrew from the virtual meeting.

 

Mr McGuckin in the Chair.

 

The Planning Officer explained that planning permission was sought for a further five years for the Household Waste Recycling Centre (HWRC) site. An aerial photograph of the site, photographs and a map of the area was presented in order to show the site in its wider context and to highlight the site’s boundary. Surrounding buildings were described and photographs showing the site’s access were presented to the Committee. A slide showing the footprint of the canal basin was presented to provide a historical context.

 

The Planning Officer considered that there was a need for an HWRC site in Kendal and although possibly not the best site, this site was in accordance with the development plan and there were no material considerations that indicated that a decision should be made otherwise. The Planning Officer recommended that the application be granted subject to conditions.

 

A member queried the meaning of the term “white land” used in the committee report. The Planning Officer defined the term ’white land’ for the Committee.

 

Referring to the temporary permission being for an additional five years, a member asked whether steps had been taken to identify a long term site in Kendal for the HWRC. The Planning Officer advised that the Committee would receive a statement from the County Council’s Senior Manager of Environment and Regulatory Services, who oversaw the County Council’s Waste Management Team on this matter later in the meeting.

 

A member highlighted that this was a historical site and queried whether Kendal Civic Society and English Heritage had commented on the application. The Planning Officer advised that the proposal did not meet Historic England’s consultation criteria, that no response had been received from Kendal’s Civic Society and that both the Lancaster Canal Trust and national Canal and River Trusts had responded with no objections to the application.

 

The Chair invited Councillor Shirley Evans, Local Member to make her representations to the Committee via telephone call. She made the following statement:

 

Good morning everyone. My name is Shirley Evans and I am the County Councillor for the Kendal Nether division, which includes the HWRC site in Kendal. I have made a written submission to the DCR about the HWRC. Thank you for the opportunity to speak to you directly.

 

I think the position of the Kendal HWRC perfectly illustrates the old adage that, in an ideal world, ‘I wouldn’t want to be starting from here’. There are many problems which make this a far from ideal site for the HWRC in Kendal. I have mentioned these in my submission – the fact that the site is at the end of a cul-de-sac, queues cause problems for local residents and businesses and it increases traffic through Kendal as people have to go round the one way system to access the site. The County Council has just  ...  view the full minutes text for item 154.

155.

Applications Determined Under Delegated Powers pdf icon PDF 83 KB

[Electoral Divisions: Various]

 

To consider a report from the Executive Director – Economy and Infrastructure

 

To note that these are applications that have recently been determined by the Acting Executive Director – Economy and Infrastructure in accordance with the schemes of delegation.

Minutes:

RESOLVED that, the list of applications determined under delegated powers be noted.

156.

Applications Proposed to be Determined Under Delegated Powers pdf icon PDF 103 KB

[Electoral Divisions: Various]

 

To consider a report from the Executive Director – Economy and Infrastructure

 

To note that these applications that have been submitted to the County Council but are not ready/appropriate for presentation to the Committee of for determination under delegated powers and/or have been recently withdrawn or determined as invalid or not requiring planning permission etc.

 

Minutes:

The Manager - Development Control and Sustainable Development presented the applications proposed to be determined under delegated powers. He drew members’ attention to planning application 1/20/9006, Kirkhouse Quarry, Hallbankgate, Brampton, Cumbria CA8 1JS, explaining the application and advising that there had been a number of complaints about the quarry. He stated that if any issues arose, he would bring the application before the Committee.

 

RESOLVED that, the list of applications proposed to be determined under delegated powers be noted.

157.

forward plan pdf icon PDF 89 KB

[Electoral Divisions: Various]

 

To consider a report from the Executive Director – Economy and Infrastructure

 

To note the Committee’s Forward Plan.

Minutes:

The Manager - Development Control and Sustainable Development presented the list of applications to be considered at future meetings.

 

He reported that the planning application 4/17/9007 West Cumbria Mining would be brought before the Committee on 20 August 2020 and there would be a significant number of speakers on the application.

 

He advised that there may be a video of the site at Walney as a site visit was out of the question due to COVID 19 lockdown restrictions. He explained that the Committee would likely determine the Gooseholme Bridge in October 2020. The Cumbria Southern Link Road application would likely be considered at the October or November 2020 meeting.

 

A member raised his concerns about the large number of public participants expected to make representations on the West Cumbria Mining planning application and the ability for a remote meeting with a large number of participants to be conducted successfully using the current technology. He asked if holding such an important meeting remotely was legal. The Manager - Development Control and Sustainable Development talked about the officer discussions on this matter. He would report the response back to members.

 

A Member queried whether they could take part in determining the West Cumbria Mining planning application to be considered on the 20 August 2020 as they had not taken part in the Committee’s determination of earlier West Cumbria Mining planning applications. The Manager - Development Control and Sustainable Development advised that members should keep an open mind and would be able to determine the application even if they had not considered the previous applications.

 

It was queried whether the Committee’s decision on the West Cumbria Mining planning application to be determined on 20 August 2020 could be invalidated should a number of public participants not be heard at the meeting due to a technological failure. The Manager - Development Control and Sustainable Development confirmed that the decision would not be invalidated as should a public participant not be able to speak, their representation which would have been received three working days in advance of the meeting would be read out to the meeting by an officer.

 

A member asked that a virtual site visit/video be considered for High Close Quarry, High Close Farm, Plumbland, Aspatria, Wigton, CA7 2HF as in previous years, the area had been used as a rubbish dump. There was local  concern about the quarry’s contents. The Manager - Development Control and Sustainable Development acknowledged the concern of local people and considered a video of the site to be helpful in determining the application. It was confirmed by the Lead Officer - Development Control that at present he could not confirm the date when the application would be determined by the Committee as he was waiting for additional information.

 

A short discussion took place on the Public Participation Scheme used at a District Council in Cumbria which limited the number of public participation speakers and whether it would apply for the West Cumbria Mining planning  ...  view the full minutes text for item 157.

158.

Date and time of next meeting

The next meeting will be held on 20 August 2020 at 10.00am.

Minutes:

The next meeting of the Committee would be held on 20 August 2020 at 10.00am.