Agenda and minutes

Development Control and Regulation Committee
Wednesday, 4th December, 2019 10.00 am

Venue: Council Chamber, County Offices, Kendal.

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

Items
No. Item

85.

Apologies for Absence

To receive any apologies for absence.

Minutes:

Apologies for absence were received from Mr R Bingham, Mr A McGuckin and Mr D Wilson.

86.

Changes in Membership

To note any changes in membership.

Minutes:

It was noted that Mr Hitchen replaced Mr Wilson as a member of the Committee for this meeting only.

87.

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:

There were no disclosures of interest made at the meeting.

88.

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.

89.

Minutes pdf icon PDF 170 KB

To confirm as a correct record the Minutes of a meeting held on 31 October 2019

 

Minutes:

RESOLVED        that, the minutes of the meeting held on 31 October 2019 be confirmed as a correct record and signed by the Chairman.

90.

HIGHWAYS ACT 1980 SECTION 119 - APPLICATION TO DIVERT A SECTION OF PUBLIC FOOTPATH NO 570030 IN THE PARISH OF SKELSMERGH: DISTRICT OF SOUTH LAKELAND pdf icon PDF 4 MB

[Electoral Divisions: Upper Kent]

 

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 – Application to divert a section of public footpath no 570030 in the parish of Skelsmergh: District of South Lakeland. The report advised that an application had been received to divert a short section of public footpath no 570030 at Gurnal Bridge in the parish of Skelsmergh: District of South Lakeland. Members were asked to reach a decision as to whether or not a diversion order should be made.

 

The Countryside Access Officer advised that during Storm Desmond in 2015, Gurnal Bridge (U5272) had been severely damaged by a landslip, where the highway ran parallel, and above, to the River Sprint. Additionally, the County Council had commenced work to reopen the road which required it to be realigned further away for the river bank. Consequently, realignment works were necessary to divert a short section of public footpath no 570030 near Gurnal Bridge to meet the new highway. No objections had been raised during the consultation. The Countryside Access Officer was satisfied that the proposed changes passed the relevant legal tests set out in the 1980 Highways Act and asked Members to approve the recommendation in the report.

It was moved by Mr Bowness and seconded by Mr Cotton that the recommendation, as set out in the report, be agreed. Following a unanimous vote in favour of the motion, 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 that section of public footpath no 570030 in the parish of Skelsmergh shown A-B to a new section C-B as shown on the plan at Appendix A to the report and that all necessary action be taken to confirm the order.

A short recess took place to consider a submission from Mr D Rigg in relation to Agenda item 9. Application Reference No. 5/19/9011. Proposal: Installation of shipping containers to create a temporary storage facility for fire service equipment and the associated erection of a paladin style fence to the site boundary and a vehicle access barrier. Location: Former Archives Store (Strong Room 3) Site, Busher Walk, Kendal, LA9 4RQ.

91.

Application Reference No. 4/17/9004.Proposal: Yard for Skip Hire, Storage and Sorting of Waste. Location: Whitehaven Skips and Service Ltd, 12, Leconfield Industrial Estate, Cleator Moor, CA25 5QB pdf icon PDF 236 KB

[Electoral Divisions: Cleator Moor West]

 

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

Minutes:

A report was considered from the Executive Director – Economy and Infrastructure regarding Application Reference No. 4/17/9004. Proposal: Yard for Skip Hire, Storage and Sorting of Waste. Location: Whitehaven Skips and Service Ltd, 12, Leconfield Industrial Estate, Cleator Moor, CA25 5QB.

 

Members were shown an aerial photograph showing the site and the Planning Officer explained the usage of the areas surrounding the site. The recent history of the site’s use by the operator was detailed along with the meeting held between the operator and the Planning Officer and the work undertaken to resolve the issues at the site. The Planning Officer did not believe that planning permission should be granted for the retrospective Change of Use.

 

Mr Turner, who was familiar with the site, expressed his concerns regarding the issues at the site and moved that the Change of Use be refused. This was seconded by Mrs Gray.

 

Mr Morgan advised that he had forwarded on complaints from constituents about issues at the site, particularly rat infestation. He highlighted that the site was under scrutiny by the Environment Agency. He stated that he had not been involved in any planning issues and therefore would not declare an interest and would vote on the planning application.

 

Following a unanimous vote in favour of the motion, it was

 

RESOLVED that, the retrospective Change of Use for a yard for Skip Hire, Storage and Sorting of Waste be refused for the reasons set out in Appendix 1 to the report.

92.

Application Reference No. 4/19/9007. Proposal: Amendment of condition 5 and 13 of planning permission 4/17/9016, extending the opening of the floodlight 3G pitch to allow the community to use it up until the hours of 22.00 meaning the lights would be knocked off by 22:10 Monday to Thursday, 21.00 meaning the lights would be knocked off by 21:10 on Fridays and 20.00 meaning the lights would be knocked off by 20:10 on Saturday and Sundays and at no times on Public Bank Holidays. Condition 13 - the use of the sports pitches by the community shall only take place until 22.00 hours Monday to Thursday, 21.00 hours Friday and 20.00 on Saturday and Sundays and at no times on Public Bank Holidays.
Location: Campus Whitehaven, Red Lonning, Whitehaven, CA28 8UG pdf icon PDF 1 MB

[Electoral Divisions: Hillcrest and Hensingham]

 

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

Minutes:

A report was considered from the Executive Director – Economy and Infrastructure regarding Application Reference No. 4/19/9007. Proposal: Amendment of condition 5 and 13 of planning permission 4/17/9016, extending the opening of the floodlight 3G pitch to allow the community to use it up until the hours of 22.00 meaning the lights would be knocked off by 22:10 Monday to Thursday, 21.00 meaning the lights would be knocked off by 21:10 on Fridays and 20.00 meaning the lights would be knocked off by 20:10 on Saturday and Sundays and at no times on Public Bank Holidays.  Condition 13 - the use of the sports pitches by the community shall only take place until 22.00 hours Monday to Thursday, 21.00 hours Friday and 20.00 on Saturday and Sundays and at no times on Public Bank Holidays. Location: Campus Whitehaven, Red Lonning, Whitehaven, CA28 8UG.

 

The Planning Officer presented an aerial photograph of the site and explained the location of the application, the internal street lighting spillage diagram and floodlight plan. She explained the reasons for the variation to the current planning permission. Photographs showing the site from various viewpoints were shown and a report was provided on the representations which had been received. She considered that the proposal would not be detrimental to local residents and asked members to grant planning permission.

 

In response to a member question about the impact of noise on local residents, the Planning Officer commented on the noise assessment undertaken in 2016, adding that traffic noise would be louder than that coming from the pitch. In response to a member question about plans for planting trees on Red Lonning, the Planning Officer talked about the planting that would take place.

 

Mr Morgan considered the use of LED lights on the pitch to be acceptable and moved that planning permission be approved, subject to conditions. This was seconded by Mr Hitchen. Following a unanimous vote in favour of the motion, it was

 

RESOLVED that, Planning Permission be approved as set out in Appendix 1 to the report.

93.

Application Reference No. 5/19/9011. Proposal: Installation of shipping containers to create a temporary storage facility for fire service equipment and the associated erection of a paladin style fence to the site boundary and a vehicle access barrier. Location: Former Archives Store (Strong Room 3) Site, Busher Walk, Kendal, LA9 4RQ pdf icon PDF 545 KB

[Electoral Divisions: Kendal Strickland and Fell]

 

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

Minutes:

A report was considered from the Executive Director – Economy and Infrastructure regarding Application Reference No. 5/19/9011. Proposal: Installation of shipping containers to create a temporary storage facility for fire service equipment and the associated erection of a paladin style fence to the site boundary and a vehicle access barrier. Location: Former Archives Store (Strong Room 3) Site, Busher Walk, Kendal, LA9 4RQ.

 

The Planning Officer presented slides showing an aerial photograph of the site and a plan of the site which highlighted key buildings and their elevations in the area. He noted the extent of the Kendal Conservation Area. Photographs showed the footprint of the development site and view-points of it from a number of vantage points in the area. Images of the proposed containers and fencing materials were shown.

 

The Planning Officer drew members’ attention to the Update Sheet circulated before the meeting and to the submission considered at the start of the meeting during the short recess, from Mr D Rigg. He did not consider that any issues had been raised that had not been covered in the report before members. He advised that the three year period that the shipping containers were proposed to be in situ was acceptable in light of the reasonable timescales for a permanent built solution to be brought forward and whilst there may be minor temporary residual harm, this would be outweighed by the benefits. He recommended that members grant planning permission for a temporary three year period.

 

Following member questions, the Planning Officer confirmed that the print works’ development site had been granted permission for business use. He explained in detail why the alternative locations that had been reviewed in Kendal before the application site had been chosen. In summary, they did not meet the needs of the Fire Service. He noted the greater potential for an adverse effect on residential amenity at the former Busher Walk site.

 

A member highlighted that temporarily moving the storage of fire service equipment would benefit Kendal but would be less beneficial to the Penrith based fire service. The member also asked how the temporary storage facility would fit in with the long term plans for a permanent storage facility being considered in the phase 1 feasibility study for the development of a Blue Light Hub in/for Kendal. The Planning Officer explained that the proposal was to bring the fire service equipment store as close to Kendal fire station as possible and informed members about the current methods for storage and travel between storage sites. The proposal would ensure the service was more efficient and effective in terms of time and checking equipment. In terms of the Kendal Blue Light Hub proposal, he reported that he understood that the ongoing outline feasibility proposal for it included provision of a fire equipment store. If the Blue Light Hub was to progress then whilst ambitious, it could reasonably be delivered within three years.

 

Following a member query, the Planning Officer confirmed that the site where the  ...  view the full minutes text for item 93.

94.

Applications Determined Under Delegated Powers pdf icon PDF 85 KB

[Electoral Divisions: Various]

 

To consider a report from the Acting 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.

95.

Applications Proposed to be Determined Under Delegated Powers pdf icon PDF 110 KB

[Electoral Divisions: Various]

 

To consider a report from the Acting 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:

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

96.

forward plan pdf icon PDF 87 KB

[Electoral Divisions: Various]

 

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

 

To note the Committee’s Forward Plan.

Minutes:

Members considered the Forward Plan for the Committee.

 

The Manager - Development Control and Countryside Management advised that a site visit may be held to High Close Quarry given the level of interest in the planning application.

 

The Manager - Development Control and Countryside Management advised that the briefing for members on the creation of the Carlisle Southern Link Road Planning Application may be repeated.

97.

Date and time of next meeting

The next meeting will be held on 22 January 2020 at 10.00am at County Offices, Kendal.

Minutes:

The next meeting of the Committee will be held on 22 January 2020 at 10.00am at County Offices, Kendal, Cumbria