Agenda and minutes

To receive any apologies for absence.

Apologies for absence were received from Mr A Bowness, Mrs H Carrick, Mr F Cassidy, Mr J Mallinson, Mr T Markley and Mr M Worth.

To note any changes in membership.

It was noted that Mr G Roberts had replaced Mrs H Carrick and Mr D Gawne had replaced Mr T Markley as members of the Committee for this meeting only.

There were no disclosures of interest made at the meeting.

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

To confirm as a correct record the Minutes of a meeting held on 12 October 2022.

Corrections:

Minute 65, Page 10, 3^rd paragraph, change 29 September 2022 to 15 July 2022.

Minute 65, Page 11, 1^st paragraph, second line. Change ‘would’ to ‘could’.

Minute 65, Page 12, 3^rd paragraph, replace paragraph with the following: ‘It was noted that photographs of the meeting were being taken by one of the objectors during the meeting. The EPW – Lead Lawyer confirmed this was allowed and then clarified for members what decision they were determining at the meeting adding that it was not a retrospective planning application’.

RESOLVED that, subject to the corrections above, the minutes of the meeting held on 12 October 2022 be confirmed as a correct record.

[Electoral Divisions: High Furness]

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

A report was considered from the Executive Director – Economy and Infrastructure. The report advised that an application had been received to correct a mistaken registration in common land register unit number CL87 Angerton Marsh. Members were requested to make a decision as to whether the application should be granted and a correction be made to the Council’s register of common land.

The Commons Officer made her presentation using plans and photographs.

A member asked who had been allotted the land in the first instance. It was confirmed by the Commons Officer that it hadn’t been allotted to anyone and it wasn’t covered by the Inclosure Act. Another Commons Officer explained how the land was originally waste land of the Manor but that it had been fenced off from the remainder of the common before provisional registration and was only used by the farm and tenants from that point onwards. The member talked about the historical use of land of this type, adding that the land was clearly enclosed.

The Chair highlighted that there had been a lot of officer research and that no one had challenged the findings.

Mr McGuckin proposed that the recommendation as set out in the report be agreed. This was seconded by Mr English.

The Chair moved to the vote which was cast as follows: 13 in favour of the motion, 1 against and 0 abstentions.

RESOLVED that, the Development Control and Regulation Committee accepts the Application and resolves to amend the common land register by deregistering part of common land register unit number CL87, on the grounds that the land in question, immediately before its provisional registration, was not land subject to rights of common, waste land of a manor, a town or village green or land of a description specified in Section 11 of the Inclosure Act 1845.

[Electoral Divisions: Aspatria]

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

A report was considered from the Executive Director – Economy and Infrastructure. The report advised that anapplication had been received to correct the mistaken registration of common land register units CL456 and CL457. The purpose of the report was to request Members to make a decision as to whether the application should be granted, and a correction made to the Council’s register of common land.

The Commons Officer made his presentation using plans and photographs.

There were no member questions on this application.

Mr McGuckin moved that the recommendation as set out in the report be agreed. He commented on how these types of applications were determined by observing and researching people’s historic rights and praised the successes of the Commons process in keeping the register accurate. He explained that the argument against the application was a vague memory from the 1920’s of a village green, which in all circumstances would’ve been unlikely. He commended officers on their work.

Mr Bingham talked about Inclosure history in Cumbria and seconded the motion.

The Chair moved to the vote which was cast as follows: 14 in favour of the motion, 0 against and 0 abstentions.

RESOLVED that, the Committee accepts the application and resolves to amend the common land register by deregistering common land units CL456 and CL457, on the grounds that the land in question, immediately before its provisional registration, was not land subject to rights of common, waste land of a manor, a town or village green or land of a description specified in Section 11 of the Inclosure Act 1845.

[Electoral Divisions: Millom]

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

A report was considered from the Executive Director – Economy and Infrastructure. The report advised that the County Council was proposing to divert sections of public footpath no 415009 at Haverigg Pool in the parish of Millom.

The Countryside Access Officer made his presentation using plans and photographs.

A member who lived local to the site advised that the situation had been a bone of contention in the area for some time and wondered how the area had been developed due to the location of the Right of Way. He supported the diversion. He referred to a photograph and identified steps which were close to where a boat was moored, steps on the other side of the river and advised that there used to be stepping stones. He asked if this was a Right of Way. The Countryside Access Officer advised that currently it wasn’t but an application could be made to make it so.

After giving his general support, a member queried why the County Council had to pay for the diversion when there were local landlords who could contribute. The Countryside Access Officer had queried this and explained the tragic history behind how it had come to the County Council’s attention. It would incur little cost and officer time to make the diversion. There would be signage to encourage the public to use the new route and although the previous route would not be closed by the County Council, the Parish Council would be involved in how the current route could be closed.

The first member who spoke mentioned how the path was used by boat owners, explained the history behind the use of the footpath by local people and advised that the current path was used to avoid intruding on residents in nearby houses. The Countryside Access Officer explained the methods which would be used to encourage people to use the diverted sections of footpath.

A member asked who owned the land on the proposed route and why was the County Council paying for the diversions. The Chair advised on the landowner, that the diversions were identified to move the route away from residential properties and that property owners had not objected to the proposals.

The Countryside Access Officer talked to members about who owned the majority of land in the UK on which Public Rights of Way were located.

It was moved by Mr Wilson and seconded by Mr Turner that the recommendation as set out in the report be agreed.

The Chair moved to the vote which was cast as follows: 14 in favour of the motion, 0 against and 0 abstentions.

RESOLVED that, pursuant to the power set out at Part 2G paragraph 2.1(g) (iii) of the County Council’s Constitution, an order be made under Section 119 of the Highways Act 1980 to divert sections of public footpath no 415009 from A-B to A-E-F-B and C-D to C-G as shown on the plan at Appendix A and if no objections are received,  ...  view the full minutes text for item 78.

[Electoral Divisions: Millom]

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

A report was considered from the Executive Director – Economy and Infrastructure. The report advised that an application had been received to add a section of public footpath at Haverigg Pool in the parish of Millom. The purpose of the report was to present Members with the evidence regarding the route, and for a decision to be made whether to proceed with the next stage of the process by making a legal order.

The Countryside Access Officer made his presentation using plans and photographs.

The Chair asked that if the application was rejected, the landowner be advised that clear notices should be displayed on the route. The Countryside Access Officer stated this would be the case. The EPW - Lead Lawyer confirmed that the landowner had supplied a barrister’s opinion via his solicitor and it was the responsibility of the landowner’s legal team to advise their client in connection with this matter.

The Local Member who had lived in the area for a long time thanked the Countryside Access Officer for his diligent work and commented on the poor signage that had been erected by the landowner. He stated that the footpath had been regularly used.

The Countryside Access Officer clarified that the claim was recommended for rejection as it fell short of the twenty years test.

A member asked if footpath 415009 linked to the holiday park. This was confirmed by the Countryside Access Officer who added that the restricted byway joined onto the network.

Another member asked about the previous claim to the Planning Inspectorate and whether the restricted byway had always been there. The Countryside Access Officer explained the previous claim to the Planning Inspectorate, the routes to members and what routes were added to the Definitive Map. He also explained what a restricted byway was. He reiterated that the evidence did not pass the twenty year statutory test.

The same member referred to the letter from Burnetts solicitors dated 19 April 2017 where it was stated that this was a last ditch attempt by residents to stop the development. The Countryside Access Officer advised that facts were used to arrive at a recommendation and that he could not give personal opinion on the background to the history between the applicant and residents.

It was confirmed that the applicant could request a review if the Committee agreed to reject the application and the decision could be overturned. The Countryside Access Officer talked about how he thought that this would not be the case from the evidence he had seen. The EPW - Lead Lawyer stated that the pursuit of the objection at the Public Inquiry in 2011 indicated there had been no intention to dedicate the route at that time.

A member talked about the importance of the statutory test and a landowner’s objection to a Right of Way. He referred to the decision of theRights of Way inspector from the Planning Inspectorateand how there wasn’t enough evidence in 2011. Sixteen people evidenced  ...  view the full minutes text for item 79.

[Electoral Divisions: Longtown]

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

Mr Hamilton was not in the room for the whole of this item.

A report was considered from the Executive Director – Economy and Infrastructure.

The Planning Officer made his presentation using plans and photographs. He drew attention to the update sheet which had been circulated to members and published on the Council’s website the day before the meeting. He highlighted that since the report was published the Applicant had reduced the footprint of the eastern part of the southern extension and consequently it was proposed to change condition 2 to reflect the updated plans. He also drew members’ attention was the further representation from Rockcliffe Parish Council. The Planning Officer did not think that it had raised further substantial issues.

A member commented that Unit B was an eyesore. The Planning Officer and Chair stated that this was not part of the current planning application but the Applicant did acknowledge it was dilapidated.

Another member referred to the operating hours and queried if objections had been raised to the lateness of operation. The Planning Officer reported that the operating hours had been agreed since 2018. It was acknowledged there had been some complaints about noise but that these related principally to the operation of temporary generators and that the complaints had not been validated to date.

A member referred to the detailed objection from Rockcliffe Parish Council contained within the report and asked for confirmation that members were only deciding on the minor changes to footprint and height. This was confirmed by the Chair, Planning Officer and EPW Lead Lawyer.

A member was glad that his concerns about drainage had been addressed and talked about the modifications to the height of the southern extension.

The Manager Development Control and Sustainable Development read out the following three Public Participation statements:

Mr T Parrini

This application is for the recladding of Shed B on the Rockcliffe Waste Recycling Sit and appears to allow for the storage of various waste materials prior to its reprocessing by various means such as the Pyrolysis Plants that are expected to be applied for at the Rockcliffe Site and at the Heathlands Site. This in addition to an incineration facility at Kingstown and Refuse Derived Fuel (RFD) facilities at Hespin Wood.

My major concern, in addition to the risk of environmental pollution that these various reprocessing facilities may cause, concerns the long-term impact of heavy goods vehicles throughout the area on what are ostensibly country roads in a rural area.

Whatever is loaded into B Shed on the Rockcliffe Site is in addition to the many loads of waste already being imported by Cumbria Waste Management and at some stage these materials have to be moved on by more vehicles. The 2 pyrolysis plants will need to import materials to maintain a 24/7 process and again the reprocessed materials moved elsewhere. In addition, the RFD facility at Hespin Wood will require further vehicle manoeuvres to takes the product elsewhere.

All this leads to the area north  ...  view the full minutes text for item 80.

[Electoral Divisions: Cartmel ]

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

Mr McGuckin left the room before this item was considered.

A report was considered from the Executive Director – Economy and Infrastructure.

The Lead Officer - Development Control made his presentation using plans and photographs.

A member referred to local government reorganisation, asking if Westmorland and Furness Authority would deal with the planning permission in future for this application. The Lead Officer - Development Control confirmed that planning permission was attached to the land and Westmorland and Furness Authority would make a decision when planning permission came to an end.

Mr Cotton moved that the recommendation as set out in the report be agreed. This was seconded by Mr McSweeney.

The Chair moved to the vote which was cast as follows: 11 in favour of the motion, 0 against, 0 abstentions.

RESOLVED that, Planning Permission be granted subject to conditions as set out in Appendix 1 to the report

[Electoral Divisions:Kendal Strickland and Fell ]

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

Mr McGuckin returned to the room.

A report was considered from the Executive Director – Economy and Infrastructure.

The Planning Officer made his presentation using plans and photographs to explain the application.

A member asked if varying the conditions by twelve months was long enough given the Cumbria Fire and Rescue Service was under review and whether it could be extended to two years.

The Planning Officer advised that the applicant considered one year to be sufficient.

Mr McSweeney moved that the recommendation as set out in the report be agreed. This was seconded by Mr Turner.

The Chair moved to the vote which was cast as follows: 12 Members in favour of the motion,0 against, 0 abstentions.

RESOLVED that, Planning Permission be Granted subject to the conditions set out in Appendix 1 to the report

[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 Executive Director – Economy and Infrastructure in accordance with the schemes of delegation.

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

[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.

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

[Electoral Divisions: Various]

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

To note the Committee’s Forward Plan.

The list of applications to be considered at future meetings was discussed.

The Manager Development Control and Sustainable Development advised that there would be a site visit to Esk Quarry on 10 January 2023 (1/22/9005). There was local interest on HGV movements and pollution.

Mr Cotton and Mr Bingham left the meeting.

It was noted that the Low Plains Planning Application had stalled due to issues relating to Environment Impact Assessment screening. There were  major pipelines on site and consideration was being given to screening the application to include the impact of diverting or moving these pipelines.

More information was needed on the Energy Coast Planning Application before officers could make a recommendation.

An update was given on the West Cumbria Mining Planning Application which had been called in by the Government.

RESOLVED that,

1       The Forward Plan be noted.

2       A site visit be held to Esk Quarry (1/22/9005) 10 January 2023.

The next meeting will be held on 17 January 2023 at 10.00am at County Offices, Kendal.

The next meeting of the Committee will be held on 17 January 2023 at 10.00am, County Offices, Kendal.