Agenda and minutes

Development Control and Regulation Committee
Tuesday, 19th March, 2019 10.00 am

Venue: Council Chamber - County Offices, Kendal, LA9 4RQ

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

Items
No. Item

123.

Apologies for Absence

To receive any apologies for absence.

Minutes:

Apologies for absence were received from Mr R Bingham, Mr J Holliday, Mr A McGuckin, and Mr M Worth.

 

124.

Changes in Membership

To note any changes in membership.

 

Mr P Turner has replaced Mr D Whipp as a permanent member of the Committee.

Minutes:

It was noted that Mr P Turner replaced Mr D Whipp as a member of the Committee on a permanent basis.

 

It was also noted that Mr M Wilson replaced Mr A McGuckin, and Mr K Hitchen replaced Mr R Bingham for this meeting only.

 

125.

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 F Cassidy declared a pecuniary interest under the Members Code of Conduct in Agenda Item No 6 (A) – Application Reference No 4/17/9007, as on a closer reading of the report he noted it made reference to a letter of support for the planning application from Mr J Woodcock, MP for Barrow, and Mr Cassidy works for Mr Woodcock.  Mr Cassidy left the meeting at the point of his declaration and took no part in the debate, nor did he vote.

 

126.

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 be not excluded during consideration of any items of business.

127.

Minutes pdf icon PDF 234 KB

To confirm as a correct record the Minutes of a meeting held on 22 February 2019

 

Minutes:

RESOLVED,       that the minutes of the meeting held on 22 February 2019 be agreed with the following amendments:-

 

Page 8 – Minute No 108 – Changes in Membership change Mr Kitchen to Mr Hitchen.

 

Page 15 – Minute No 117 – Resolution b, at the end, Application Ref No should read 3/18/9005.

 

 

128.

Reports on Applications for Planning Permission

[Electoral Divisions: Various]

 

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

 

These are applications which are determined by the County Council after taking into account the views of consultees and relevant representations.  Applications in this category are prescribed by legislation. Private applications principally relate to minerals and waste management activities and associated development. County applications are developments which are to be carried out by the County Council itself or jointly with any other person.

 

 

128a

Application Reference No. 4/17/9007. Proposal: Development of a new underground metallurgical coal mine and associated development including: the refurbishment of two existing drifts leading to two new underground drifts; coal storage and processing buildings; office and change building; access road; ventilation, power and water infrastructure; security fencing; lighting; outfall to sea; surface water management system and landscaping at the former Marchon site (High Road) Whitehaven; - a new coal loading facility and railway sidings linked to the Cumbrian Coast Railway Line with adjoining office / welfare facilities; extension of railway underpass; security fencing; lighting; landscaping; construction of a temporary development compound, and associated permanent access on land off Mirehouse Road, Pow Beck Valley, south of Whitehaven; and - a new underground coal conveyor to connect the coal processing buildings with the coal loading facility. pdf icon PDF 2 MB

Location:  Former Marchon Site, Pow Beck Valley and area from Marchon Site to St Bees Coast, Whitehaven, Cumbria

 

Applicant: West Cumbria Mining Ltd

 

Date Valid: 31 May 2017

 

Reason for Committee Level Decision: EIA development with significant impacts outside the site boundary

Minutes:

Mr F Cassidy declared a pecuniary interest under the Members Code of Conduct in this item.  Mr Cassidy left the meeting at the point of his declaration and took no part in the debate, nor did he vote.

 

Members had before them a report and an update report from the Acting Executive Director – Economy and Infrastructure which detailed a planning application for the development of a new underground metallurgical coal mine and associated development including: the refurbishment of two existing drifts leading to two new underground drifts; coal storage and processing buildings; office and change building; access road; ventilation, power and water infrastructure; security fencing; lighting; outfall to sea; surface water management system and landscaping at the former Marchon site (High Road) Whitehaven.

 

Members also had before them a copy of the late representations and objections received.

 

The application included a new coal loading facility and railway sidings linked to the Cumbrian Coast Railway Line with adjoining office/welfare facilities; extension of railway underpass; security fencing; lighting; landscaping; construction of a temporary development compound, and associated permanent access on land off Mirehouse Road, Pow Beck Valley, south of Whitehaven; and a new underground coal conveyor to connect the coal processing buildings with the coal loading facility.

 

The Manager – Development Control and Countryside Management referred members to the update report, which included an updated recommendation based on information received in relation to Natural England’s representation on the shadow Habitats Regulations Assessment.  Members noted the update, and amended recommendation.

 

The Manager – Development Control and Countryside Management  and the Programme Lead - Infrastructure Planning Officer then took members through their assessment based on the report as updated by the update report in detail, beginning with an introduction, followed by the project description and the issues for members to consider.

 

The applicant, West Cumbria Mining (WCM) was a company that had been specifically created with the objective of developing the metallurgical coal resources in West Cumbria. The company had 3 licences granted by the Coal Authority, including 2 large offshore licence areas and a smaller onshore licence area.

The proposed development was for a large underground metallurgical coal mine. Metallurgical coal was also commonly known as ‘coking coal’ and was used in the process for the manufacture of steel. The initial phases would mine relatively small amounts of coking coal from under the land at Whitehaven, however the minerals would be predominantly mined from under the sea and then brought to the surface for processing indoors, within a new facility located on the former Marchon site in Whitehaven. Processed coal would then be transferred by underground conveyor to trains at a new loading facility and sidings in the Pow Beck Valley.

Whilst the principal mineral development proposed was for the extraction of coal under the sea bed off-shore and would require a licence from the Marine Management Organisation, the onshore elements of the proposal and the extraction of coal from underneath the land (taken as the point above the mean low water  ...  view the full minutes text for item 128a

129.

Date and time of next meeting

The next meeting will be held on 5 April 2019 at 10.00am at County Offices, Kendal

Minutes:

The next meeting will be held on 5 April 2019 at 10am at County Offices, Kendal.

 

130.

Update Sheet pdf icon PDF 367 KB