Access Keys:

Agenda and minutes

Development Control and Regulation Committee
Wednesday, 19th January, 2011 11.00 am

Venue: Council Chamber, County Offices, Kendal

Contact: Janine Hounslow  Email: janine.hounslow@cumbriacc.gov.uk

Items
No. Item

93.

APOLOGIES FOR ABSENCE

To receive any apologies for absence.

Minutes:

An apology for absence was received from Mr AC Ross and Dr D Earnshaw.

94.

CHANGES IN MEMBERSHIP

To note any changes in membership.

Minutes:

Mrs M Rae and MR G Cook replaced Mr AC Ross and Dr D Earnshaw respectively, as members of the Committee for this meeting only.

95.

DISCLOSURES OF INTEREST

To disclose any personal and prejudicial interests relating to any item on the agenda.

 

NB   The following is a summary of what constitutes a personal interest and a personal and prejudicial interest.  Please seek advice or refer to the Code of Conduct (paragraph 8) for full definitions.

 

Personal Interests

 

You have a personal interest if the issue being discussed in the meeting affects the well-being or finances of you, your family or your close associates more than most other people who live in the Electoral Division affected by the issue.

 

Personal interests are also things that relate to an interest you must register.

 

N.B. If the personal interest arises because of your membership of another public body, you only need to declare it if you intend to speak.

 

A personal interest should be declared as follows:

 

I have a personal interest in agenda item […] regarding the report on […] because I am […].

 

Personal and Prejudicial Interests

 

If you have a personal interest in a matter you will also have a prejudicial interest in that matter if the interest is one which a member of the public, with knowledge of the relevant facts, would reasonably regard as so significant that it is likely to prejudice your judgement of the public interest.  If you have a personal and prejudicial interest you must withdraw from the meeting room for that item, unless you are there to make representations and the public have the same opportunity to do so

 

NB You only have a prejudicial interest if the matter

 

  • affects your financial position or that of your family, close associate, employer etc or it
  • relates to a regulatory matter

 

 

A personal and prejudicial interest should be declared as follows:

 

I have a personal and prejudicial interest in agenda item […] regarding the report on […] because I am […].

 

Advice on this can be sought from staff in Legal and Democratic Services.  Members are requested to seek advice, wherever possible, before the meeting starts.

Minutes:

There were no disclosures of interest made.

96.

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 from the meeting during consideration of agenda items.

97.

MINUTES

To confirm as a correct record the Minutes of the meetings held on 24 November 2011 and  6 December 2010 (copies enclosed).

97a

Minutes 24 November 2010 pdf icon PDF 97 KB

Minutes:

Minute No. 87 page 7, referred to a Mr Tarbitt and Mr Carrick, this was an error and should have read Mrs Tarbitt and Mrs Carrick, once corrected it was,

 

RESOLVED,       that the minutes of the Committee held on 24 November 2010 be agreed as a correct record and signed by the Chairman.

97b

Minutes 6 December 2010 pdf icon PDF 49 KB

Minutes:

Minute No. 92, page 2, 2nd line referred to ‘diver’, but should read ‘divert’ and the resolution should include ‘subject to no objections being received.’ after the last line, once corrected it was,

 

RESOLVED,       that the minutes of the Committee held on 6 December 2010 be agreed as a correct record and signed by the Chairman.

98.

HIGHWAYS ACT 1980 SECTION 119 - APPLICATION TO DIVERT PUBLIC FOOTPATH NOS 349029, 349030 AND PUBLIC BRIDLEWAY NO 349024 PARISH OF MURTON: DISTRICT OF EDEN pdf icon PDF 416 KB

[Electoral Division: Appleby]

 

To consider a report by the Corporate Director – Environment (copy enclosed).

 

This report informs members that an application has been received from the landowner to divert sections of three public paths as detailed in Appendix A1 and A2.

Minutes:

The committee received a report from the Corporate Director – Environment which informed members that an application had been received from the landowner to divert sections of three public paths.

 

RESOLVED,       that the Head of Legal Practice be authorised to make a Diversion Order under Section 119 of the Highways Act 1980 to divert:-

 

§         that section of public footpath no 349029 marked J-K to a new route G-K;

§         that section of public footpath no 349030 marked D-E to a new route marked A-B-C-D;

§         that section of public bridleway no 349024 marked L-M to a new route marked L-M; and

§         that section of public bridleway no 349024 marked F-I to a new route marked F-G-H-I

99.

REPORTS ON APPLICATIONS FOR PLANNING PERMISSION pdf icon PDF 14 KB

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.

99a

Planning Application No. 2/10/92028 Materials Recycling Facility (MRF) for Construction and Demolition Waste, Hangar 16, Kirkbride Airfield, Kirkbride, Wigton, CA7 5HP pdf icon PDF 760 KB

PROPOSAL: Materials Recycling Facility (MRF) for Construction and Demolition waste, Hangar 16, Kirkbride Airfield, Kirkbride.

Minutes:

RESOLVED,       that planning permission be REFUSED for the reasons stated in Appendix 1.

99b

Planning Application No. 3/10/9036 To Construct a New Wastewater Pumping Station, Land adj. to The Briars, Colby, Appleby-in-Westmorland pdf icon PDF 345 KB

PROPOSAL: To construct a new Wastewater Pumping station with associated motor control kiosk, chemical dosing kiosk, hardstanding area, `hammerhead' turning area, access track and widening of existing access, Land adj. to The Briars, Colby, Appleby-in-Westmorland, CA16 6BD

Minutes:

RESOLVED,       that planning permission be GRANTED for the reasons stated in Appendix 1 and subject to the conditions in Appendix 2.

99c

Planning Application No. 4/10/9014 Proposed Wastewater Pumping Station with Associated Permanent Access Field 0079 opposite Rowrah Wastewater Treatment Works, nr Colliergate Bridge, Rowrah, Frizington pdf icon PDF 313 KB

PROPOSAL: Proposed wastewater pumping station with associated permanent access and temporary access to facilitate construction, Field 0079 opposite Rowrah Wastewater Treatment Works, nr Colliergate Bridge, Rowrah, Frizington, Cumbria, CA26 3XS

Minutes:

A member asked what the cost of imposing conditions requested by Copeland’s Environmental Health Officer would be.  Mr Pell explained the tests for attaching planning conditions and believed it was not necessary or relevant to the development and therefore should not be imposed.

 

RESOLVED,       that planning permission be GRANTED  for the reasons stated in Appendix 1 and subject to the conditions in Appendix 2.

99d

Planning Application No. 6/10/9009 Construction of New Sports Hall, Changing rooms, Art, Music Rooms and General Teaching Spaces together with Ancillary Accommodation. Walney School, Black Butts Lane, Walney Island, Barrow-in-Furness pdf icon PDF 464 KB

PROPOSAL: Construction of new sports hall, changing rooms, art, music rooms and general teaching spaces together with ancillary accommodation. Minor extensions and alterations to parts of existing school building. New site access, additional car parking and landscape works.  Walney School, Black Butts Lane, Walney Island, Barrow-in-Furness, Cumbria, LA14 3JL

Minutes:

A member referred to Sport England’s recommendation that conditions were attached to any consent regarding details of how the facilities would be used by the community.  Mr Pell replied that there was a provision for community use in the application and there would also be a financial benefit to the school, as they could charge for use of the sports hall.  Members were concerned with the potential conflict between construction and school traffic and asked that a further condition be imposed.

 

RESOLVED,       that planning permission be GRANTED for the reasons stated in Appendix 1 and subject to the conditions in Appendix 2, with the inclusion of an additional condition as follows:-

 

 

 

100.

REPORTS AND UPDATES ON PLANNING ENFORCEMENT RELATED MATTERS pdf icon PDF 14 KB

These are reports on proposed and/or implemented cases of Planning Enforcement Action.

100a

EN10-3001 Proposed Enforcement Action against the Unauthorised Change of Use to Waste Disposal. Land at Wragmire Head Farm, Hesket, Cumbria pdf icon PDF 34 KB

Proposed Enforcement Action against the unauthorised change of use to waste disposal.  Land at Wragmire Head Farm, Hesket, Cumbria.

Minutes:

RESOLVED,       the report be noted.

101.

APPLICATIONS/CONSULTATIONS DETERMINED UNDER DELEGATED POWERS pdf icon PDF 14 KB

[Electoral Divisions: Various]

 

To receive a report from the Assistant Director – Planning and Sustainability (copy enclosed).

 

To note that these are applications/consultations that have recently determined by the Head of Environment and the Head of Spatial Planning in accordance with their schemes of delegation.

Minutes:

The list of applications/consultations determined under delegated powers was noted.

102.

APPLICATIONS/CONSULTATIONS PROPOSED TO BE DETERMINED UNDER DELEGATED POWERS pdf icon PDF 19 KB

[Electoral Divisions: Various]

 

To receive a report from the Assistant Director – Planning and Sustainability (copy enclosed).

 

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:

Mr Clarkson asked to be kept informed regarding Planning Application No. 4/10/9015 Extension to existing building, Wilson Pit, High Road, Sandwith, Whitehaven.

 

The list of applications/consultations to be determined at future meetings was noted.  

103.

APPLICATIONS TO BE CONSIDERED AT FUTURE MEETINGS pdf icon PDF 24 KB

[Electoral Divisions: Various]

 

To receive a report from the Assistant Director – Planning and Sustainability (copy enclosed).

 

To note the list of outstanding planning applications.

Minutes:

The list of applications/consultations to be considered at future meetings was noted. Site visits would be held to the following:- Planning Application No.


The list of applications/consultations to be considered at future meetings was noted.  Site visits would be held to the following Planning Application No. 1/10/1102 – Construction of nine wind turbines for generation of electricity and associated infrastructure, Beck Burn Peat Works, Springfield, Longtown and Planning Application No. 6/11/9001 New build academy building for 1,200 pupils set over 2 and 3 storeys located on existing sports pitch area.  Pedestrian and vehicular access provided from park Drive.  Provision for new teaching and external sports facilities.  Furness Academy South (formerly Park View School), West Avenue, Barrow-in-Furness.

 

RESOLVED,       that Site visits be held to the following Planning Application No. 1/10/1102 – Construction of nine wind turbines for generation of electricity and associated infrastructure, Beck Burn Peat Works, Springfield, Longtown and Planning Application No. 6/11/9001 New build academy building for 1,200 pupils set over 2 and 3 storeys located on existing sports pitch area.  Pedestrian and vehicular access provided from park Drive.  Provision for new teaching and external sports facilities.  Furness Academy South (formerly Park View School), West Avenue, Barrow-in-Furness on 9 February 2011.