To receive any apologies for absence.

Apologies for absence were received from Mr G Humes, Mr F Morgan, Mr I Stockdale, Mr I Stewart, Mrs V Tarbitt, and Mr A Toole.

To note any changes in membership.

It was noted that Mrs A Burns, Mr K Little, Mrs M Rae, and Mr RK Bingham had replaced Mr G Humes, Mr F Morgan, Mr I Stockdale and Mrs V Tarbitt respectively for this meeting only.

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.

Mr J Cowell declared a personal interest in respect of agenda item 11 - planning application no 2/11/0916 to vary condition 1 of planning consent 2/06/9019 to extend the life of a temporary portacabin consisting of two classrooms for a further five years at Cockermouth School, Castlegate Drive, Cockermouth as his daughter was employed at the school (minute 85 refers).  

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

RESOLVED,       that the press and public be not excluded from the meeting for any items of business.

To confirm as a correct record the Minutes of the meeting held on 15 November 2011.

On minute 66 – Applications to be considered at future meetings – a member

made the point that the Committee had not agreed to hold site visits in respect of planning applications 3/11/9009, and 3/119010.

RESOLVED,       that subject to this correction, the minutes of the meeting held on 15 November 2011 were confirmed as a correct record and thereupon signed by the Chairman.

To confirm as a correct record the Minutes of the special meeting held on 14 December 2011.

RESOLVED,       that the minutes of the special meeting held on 14 December 2011 were confirmed as a correct record and thereupon signed by the Chairman.

Consideration was given to a report by the Corporate Director – Organisational Development on an application to divert a section of public footpath no 103015 in the parish of Beaumont which had been received on behalf of the affected landowner.

There had been no adverse comments received from either the statutory undertakers or the usual prescribed organisations who had been consulted on the proposed diversion.

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 103015 in the parish of Beaumont shown A-C to a new route A-B as shown on the plan attached at Appendix A to the report by the Corporate Director – Organisational Development and to take all necessary action to confirm the order.

A report by the Corporate Director – Organisational Development provided details of an application to divert sections of public footpath no 251017  and 251018 in the parish of Sebergham which had been received from one of the affected landowners.

There had been no adverse comments received to the proposed diversion which would provide routes that were more convenient and with no loss of amenity. 

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

(i) that section of public footpath no 251017 in the parish of Sebergham shown D-H to a new route D-E-F-G

(ii) that section of public footpath no 251018 in the parish of Sebergham shown A-C to a new route A-B-C

as shown on the plan attached at Appendix A to the report by the Corporate Director – Organisational Development and to take all necessary action to confirm the order.

The Corporate Director – Organisational Development reported on an application to divert a section of public bridleway no 347003 in the parish of Morland which had been received on behalf of the affected land owner.  The  request to remove the path from the front of his property had been made for health and safety, and security reasons.   The proposed diversion would also remove the bridleway from what was effectively the front garden of the property.

In discussion it was explained that the list of consultees was only shown in those reports where any adverse comments had been received.   The Chairman asked that for ease of reference the name of the local member be included in all future reports. 

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 bridleway no 347003 in the parish of Morland shown A-C to a new route A-B-C as shown on the plan attached at appendix A to the report by the Corporate Director – Organisational Development and to take all necessary action to confirm the order.

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.

Consideration was given to a report by the Assistant Director – Planning and Sustainability on a proposal to develop a new building to support the early retrieval of Intermediate Level Waste from Legacy Ponds and Silos plants and other areas of Sellafield.

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

A report by the Assistant Director – Planning and Sustainability provided details of an application for the erection of two extensions to the existing barn at Wilsons Pit Yard for the storage and segregation of recycled material.  A further response from the Environment Agency to the proposals was circulated at the meeting.

A member raised concerns about the state of the Yard and suggested holding a site visit.

RESOLVED,       that a site visit be held in relation to planning application no 4/11/9012 - 2 extensions to existing building Wilsons Pit Yard, Bryesteads Road nr Sandwith, Whitehaven.

The Committee had before it a report by the Assistant Director – Planning and Sustainability seeking retrospective approval for the temporary storage of building stone. 

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

[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.

The list of Applications/Consultations determined under delegated powers was noted.

[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.

The list of Applications/Consultations proposed to be determined under delegated powers was noted.

In relation to application no 2/11/9016 – Section 73 Application to Vary Condition 1 of Planning Consent 2/06/9019 to extend the life of a temporary portacabin consisting of two classrooms for a further five years at Cockermouth School - the Acting Development Control Team Leader advised that the portacabin was in a poor condition and that any extension would be subject to suitable repairs being carried out.

[Electoral Divisions: Various]

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

To note the list of outstanding planning applications.

Consideration was given to a list of applications/consultations to be considered at

future meetings.

Comments were made on the following planning applications:-

Application No 4/11/9007 in response to a request for a presentation to the Committee in relation to proposals at the Low Level Waste Repository near Drigg Holmrook the Acting Development Control Team Leader advised that the type of presentation to be given was being looked into.

Application 3/11/9012 – erection of building and storage tank for the screening of septic waste and storage of liquor prior to disposal - the Acting Development Team Leader advised that as there was no similar site in Cumbria the possibility of officers visiting an alternative site outside of the county was being considered.  She also agreed to check out the possibility of involving the local member in any such visit.

Application 5/11/0685 - installation of five 2.3 MW wind turbines to A590 Marton Road and Horrace Road junctions Standish Cote Mean Moor and Harlock Hill, Marton Ulverston – in response to questions raised about the removal of wind turbines and whether this included the foundations it was agreed make enquiries  and include this information in the report to be presented to the Committee.   

The Acting Development Team Leader reported verbally on two further applications in Aspatria and Millom.  In the update circulated at the meeting details were provided about a further application for consultation no 2/2011/0935 - residential development of 150 dwellings including 30 affordable dwellings public open space and associated infrastructure, Stainburn Workington.

RESOLVED,       that the following applications be dealt with under delegated authority if considered appropriate:-

- 1/10/9019 - Cumbria Waste Recycling extended site area; revised traffic circulation; construction of additional waste storage bays and regularising the use of all areas of the site;

- 4/11/9008 - Cumbria Waste Management section 73 application to remove condition 4 of planning reference no 4/10/9008.