Agenda and minutes

Development Control and Regulation Committee
Wednesday, 24th January, 2018 10.00 am

Venue: Council Chamber - County Offices, Kendal

Contact: Jackie Currie  Email: jackie.currie@cumbria.gov.uk

Items
No. Item

84.

Apologies for Absence

To receive any apologies for absence.

Minutes:

Apologies for absence were received from Mr R Bingham, Mrs B Gray and Mr R Worthington.

 

85.

Changes in Membership

To note any changes in membership.

Minutes:

It was noted that Mr D English replaced Mr  R Worthington as a member of the Committee for this meeting only.

 

86.

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.

87.

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.

88.

Minutes pdf icon PDF 115 KB

To confirm as a correct record the minutes of the previous meeting held on 8 December 2017 (copy enclosed)

 

Minutes:

Members had a brief discussion about the format of headings for agenda items. It was AGREED that all future headings would start with the application number,  followed by the location and then the application details.

 

RESOLVED,       that the minutes of the meeting held on 8 December 2017 be agreed with the following amendments:-

 

On the first page amend the spelling of Mr A McGuckin’s name.

 

On page 15 - Minute No 77 (D) 4/17/9015 Frizington HWRC – 4th paragraph amend the last sentence to read ‘to cease on 31 December 2029.  The scheme shall include the removal of all buildings and structure from the site.  Once approved the restoration scheme shall be completed by no later than 30 June 2030.

 

On Minute No 78 (A) 4/16/9014 in the final paragraph add the words ‘and therefore be approved and accepted’ at the end of this sentence.

 

89.

CA13/9 - East Stainmore Regulated Pasture, North Moor - Application to correct mistaken registration, part of CL17 pdf icon PDF 157 KB

[Electoral Divisions: Kirkby Stephen]

 

To consider a report from the Corporate Director – Economy and Highways (copy enclosed)

 

Additional documents:

Minutes:

Members had before them a report from the Corporate Director – Economy and Highways which advised that Cumbria County Council was the registration authority for common land and town and village greens under the Commons Act 2006.

 

An application had been received from the Executors of Rosemary Blackett-Ord to correct a mistaken registration in common land register unit CL17 East Stainmore Regulated Pasture, North Moor.

 

The Applicants claimed that part of CL 17 known as Leacett Allotment was wrongly registered as common land and requested its removal from the register of common land.

 

The following supporting evidence was submitted by the Applicant:

 

·      Copy Grant of Probate for Mrs Blackett-Ord;

·      Copy O.S. Map showing the Application Land hatched blue;

·      Copy registered title CU133105;

·      Statutory declaration of Guy Heelis dated 13/04/2015;

·      Correspondence between Guy Heelis and Cumbria County Council dated August 2012;

·      Copy extracts of maps from the East Stainmore Regulation and Enclosure Awards 1890;

·      Copy Conveyance dated 27/08/1943

·      Copy undated letter from Mrs M. E. Sinclair, Clerk to the Conservators;

·      Copy transfer of title dated 1/12/1997

 

The following evidence was adduced to the application by the registration authority:

 

·      Copy extracts from the East Stainmore Enclosure Award 1890 (“the 1890 Award”).

 

Two objections had been received, one from the Open Spaces Society and the other from Mr Steve Byrne. 

 

The objection made by the Open Spaces Society was that the Applicants had not supplied a copy of the 1890 Award.  This was a key document in establishing the status of the land prior to its registration and required in order to determine the application.

 

Mr Byrne in his objection accepted that the Application Land was enclosed by the 1890 Award but argued that, notwithstanding this, the Application Land was waste land of the manor immediately prior to its provisional registration and still remained waste land of the manor and thus could not be deregistered. In Mr Byrne’s opinion, the question as to whether the land ceased to be waste land turned on its physical state and not on its legal status.

 

The officer considered the Open Spaces Society’s objection and agreed that examination of the 1890 Award was essential for the determination of this application. The officer had sent the relevant copy extracts to all interested parties and invited them to submit further representations.

 

Two further representations were received, one from the Open Spaces Society, and the other one from Mr Byrne. The Open Spaces Society agreed that the 1890 Award corroborated the statements submitted by the Applicants, namely that the Application Land was not common land at the time of its provisional registration. Mr Byrne reiterated his previous point about the Application Land being waste land of the manor.

 

The evidence provided by the Applicants and the officer’s research supported the claim that the Application Land was not common land at the time of registration and should be removed under paragraph 7 of Schedule 2 to the Commons Act 2006.

 

The Open Spaces Society’s objection was effectively withdrawn upon the Society’s  ...  view the full minutes text for item 89.

90.

CA14/21 - Watermillock Common, Entry no. 11 - Application to amend the register to record an historic event - historic severance of a right of common, CL1 pdf icon PDF 140 KB

[Electoral Divisions: Eden Lakes]

 

To consider a report from the Corporate Director – Economy and Highways (copy enclosed)

 

Additional documents:

Minutes:

The Development Control Committee considered a report from the Corporate Director – Economy and Highways which detailed an application received from Janis Wilson to amend entry no. 11 of unit CL1 of the register of common land - Watermillock Common.

 

On 28 February 2017 Cumbria County Council received an application from Janis Wilson for the amendment of entry no. 11 of register unit CL1 Watermillock Common.  The Applicant was now deceased.

 

A right to graze 7 stints (amounting to 42 sheep) on Watermillock Common was registered at entry no. 11 of register unit CL1 on 27 June 1968.  The Right was attached to O.S. fields numbered 660, 645, 859, 863, 852, 840, 841, 850, part 852, part 781, 844, 873, 918, 919, 907, 906, 880, 816, 817, 818, 827 and 826 and was registered in the names of George and Martha Jane Hindmoor.

 

The Applicant claimed that under the terms of an agreement dated 4 August 2002 and recorded in the minutes of a meeting dated 23 August 2002 the proportion of the Right attached to O.S. fields numbered 852, 840, 841, 850, part 852 and part 781 (“the Severed Fields”) was severed from the land. The Applicant requested that that severance be recorded in the register.

 

The following supporting evidence was submitted by the Applicant:-

 

·      Copy of the Minutes of the Meeting dated 23 August 2002 (“the 2002 Minutes”);

·      Letter from Paul Brian Airey, the Solicitor who drafted the 2002 Minutes, confirming the identities of the people present at the meeting on 4 August 2002 and that the 2002 Minutes provide an accurate record of what was agreed at that meeting.

 

One objection had been received which stated that, although the 2002 Minutes indicated a contemporary intent to sever part of the Right which would satisfy the test in regulation 41(3)(a), the commons registration authority should seek written confirmation that the present owners of the Severed Fields (Mary Nicholson and Maureen Iredale who were the Applicant’s sisters) supported this application so as to ensure that they were not unlawfully deprived of part of the Right.

 

The Applicant responded to the objection by stating, in essence, that they felt that the Open Spaces Society had no objection to their application, that the objector had acknowledged that the evidence produced by the Applicant satisfied the requirements of the 2014 Regulations and that the consent of Mary Nicholson and Maureen Iredale was evidenced by the fact that they had signed a transfer document contained within application form CA6 as submitted to the registration authority on 25th February 2016 to register the rights in the Applicant’s sole name.  A copy of the response was provided to the objector and they then withdrew their objection.

 

The officer was recommending that the Committee resolved that the register of common land be amended and the proportion of the Right currently registered as attached to the Severed Fields was registered as severed and held in gross by the Applicant.

 

This was moved and seconded and voted  ...  view the full minutes text for item 90.

91.

CA14/22 Ambleside Road, A591, South of Waterhead, Ambleside - Application to amend the register to record an historic event, Historic extinguishment of a right of common, CL155, entries 1 & 2 pdf icon PDF 115 KB

[Electoral Divisions: Lakes]

 

To consider a report from the Corporate Director – Economy and Highways (copy enclosed)

 

Additional documents:

Minutes:

A report from the Corporate Director – Economy and Highways was considered which detailed an application received from Windermere Aquatic Limited to extinguish a right of common on two small parcels of land on each side of the Windermere – Ambleside Road, A591, south of Waterhead registered at entry numbers 1 and 2 of the rights section of unit number CL155 of the register of common land.

 

On 22 August 2016 an application was received from Windermere Aquatic Limited (“the Applicant”) for the amendment of entry numbers 1 and 2 of the rights section of register unit CL155 - Two small parcels of land on each side of the Windermere – Ambleside road, A591, south of Waterhead in the parish of Ambleside, Westmorland.

 

A right of Woodmere (“the Right”) was provisionally registered at entry 1 of register unit CL155 on 16 March 1970 under Section 4 of the Commons Registration Act 1965 pursuant to application no. 1238 made by the National Trust, on 5 December 1969.  The provisional registration became final on 1 August 1972; this was recorded in the register at entry 2.

 

The Applicant claimed that the Right was extinguished on 2 April 2013 by a Deed of Release between the National Trust and the Applicant.  The Applicant requested that this extinguishment be recorded in the register.

 

The following were submitted as supporting evidence by the Applicant:-

 

·      A copy of the Deed of Release between the National Trust for Places of Historic Interest of Natural Beauty and Windermere Aquatic Limited relating to land at Waterhead Marine, Waterhead, Ambleside, Cumbria, dated 2nd April 2013 (“the Deed of Release”)

·      Official copies of registers of title CU105808, CU262224, CU262225, CU262226 and CU262227 showing the Applicant’s ownership of the land registered as CL155.

 

One objection was received from the Open Spaces Society and the Applicant had responded to the Objection.

 

The Objection stated that there was no evidence to prove that the National Trust was the owner of the whole of the land to which the Right was attached (“the Dominant Tenement”) and, on that basis, was not in a position to surrender the Right.  The Applicant responded by providing an official copy of register of title number CU248472 showing the National Trust as the owner of the Dominant Tenement. Whereupon the objector withdrew the objection.

The officer recommended that the Committee agree to the register of common land being amended and the Right was registered as extinguished.

 

This was then moved and seconded and put to a vote, and with no members dissenting it was RESOLVED that, the Committee accepts the application and amends the register of common land on the ground that extinguishment of a right of common occurred on 2nd April 2013 and that that extinguishment should be recorded in the register as a qualifying historic event under Schedule 3 to the Commons Act 2006.

 

92.

HIGHWAYS ACT 1980 SECTION 119 - APPLICATION TO DIVERT PUBLIC FOOTPATH NOS 360009 AND 360010 IN THE PARISH OF SHAP: DISTRICT OF EDEN pdf icon PDF 671 KB

[Electoral Divisions: Eden Lakes]

 

To consider a report from the Corporate Director – Economy and Highways (copy enclosed)

 

Minutes:

Members considered a report from the Corporate Director – Economy and Highways which advised them that the County Council had received an application to divert sections of public footpath 360009 and 360010 at Rigghall in the parish of Shap.

 

The County Council had received an application from the landowners to divert sections of public footpath 360009 and 360010 at Rigghall in the parish of Shap as shown on the plan at Appendix A of the report.

 

The existing definitive paths passed through the curtilage of a former farmstead, close to the dwelling and outbuildings and the proposed diversion order was in the interests of the landowner to improve security and privacy.

 

The proposed diversion would take the footpath across the adjacent grazing pastureland and would provide better views of the surrounding countryside and improve public enjoyment.  It would also provide a more logical straightforward connection between footpaths 360009 and 360010.

 

No objections had been received as a result of the consultations carried out and no statutory undertakers were affected.  Therefore, the officer recommendation was that the proposed order should be made in the interests of the landowner.

 

Members commented that the diversion was confusing and queried whether it was the correct procedure.  Officers replied that they agreed the diversion was complex and orders of this type were very difficult to make appear straightforward while conforming to the statutory tests.  Nevertheless the overall objectives of the scheme do not appear to substantially inconvenience the potential users and as no objections had been received as a result of the consultation the recommendation was to approve the making of the order.

 

This was moved and seconded and put to a vote.  With 14 members voting for and 0 against it was RESOLVED that,

(1)       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 360009 in the parish of Shap as shown marked A-C-B to new route A-E-F and that section of public footpath 360010 in the parish of Shap marked C-D to new route B-G-D on the plan at Appendix A; and

(2)       the Corporate Director, Resources and Transformation be authorised to take all necessary actions to confirm the order.

 

 

93.

Reports on Applications for Planning Permission pdf icon PDF 86 KB

[Electoral Divisions: Various]

 

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.

 

To receive reports from the Corporate Director – Economy and Highways

 

93a

1/17/9012 - Former Morton Park Primary School Site, Burnrigg, Carlisle CA2 6QH, Section 73 application to amend condition 3 of planning permission 1/17/9003 - Proposed New Build 60 no Bed Care Home with Associated Parking and Landscaping pdf icon PDF 742 KB

[Electoral Divisions: Morton]

 

To consider a report from the Corporate Director – Economy and Highways (copy enclosed)

 

Minutes:

Members considered a report from the Corporate Director – Economy and Highways which detailed that planning permission had been granted under 1/17/9003 for the construction of a 60 bed care home to accommodate residents with a mixture of dementia and high dependency needs. 

 

The principle of the construction of a care home on this site had been established and approved under planning permission 1/17/9003. This application was to vary condition no. 3 of this planning permission to allow amendments to the originally approved scheme.  The amendments consisted of the following changes to the originally approved scheme, as detailed by the latest amended plans received on 22 December 2017:-

 

·      Removal of trees and provision of replacement planting as part of the soft landscaping scheme

·      Amendments to the elevations and materials of the approved building

·      Site levels and cross sections are now shown to reflect levels on the site

·      The floor plans have been amended to reflect the changes made to straighten out the external walls

·      A reduction in hard landscaping on the site is shown in the revised landscaping plan

 

The Planning Officer took members through the report, and detailed the following:-

 

·      the effect of changes to the design, layout and siting of the development

·      impacts in terms of traffic, access and parking

·      impacts upon residential amenity

·      effects of changes on trees on the site

·      human rights

 

The officer recommendation was that planning permission be granted subject to the conditions set out in Appendix 1 of the report.  This was moved and seconded and with no members dissenting it was RESOLVED that planning permission be GRANTED subject to the conditions set out in Appendix 1 of the report.

 

93b

1/17/9016 - Inglewood Infant School, School Road, Carlisle, CA1 3LX. Single-storey Classroom extension connected to the main school by converting an external store to an access corridor pdf icon PDF 816 KB

[Electoral Divisions: Harraby North]

 

To consider a report from the Corporate Director – Economy and Highways (copy enclosed)

 

Minutes:

The Development Control and Regulation Committee considered a report from the Corporate Director – Economy and Highways which advised members that planning permission was sought for a single-storey prefabricated classroom extension connected to the main school by converting an existing storeroom into an access corridor at Inglewood Infant School, Carlisle.

 

The additional classroom was needed to provide additional childcare places to deliver the Government’s manifesto commitment to give working parents of 3 and 4 year olds 30 hours of free childcare per week.  

 

Approximately two thirds of the classroom would be located on an area of tarmac used for parking and would lead to a reduction of 4 car parking spaces.  It was not proposed to replace these spaces.  The remaining third was an area of paving, but was not a playground.  

 

One representation had been received. This primarily related to the impact of traffic at picking up and dropping off times and commented that inconsiderate parents blocked driveways and were rude when challenged.  The objector felt that the additional classroom would exacerbate the problem.

 

The proposed extension would increase the number of children at the school, and this would have some negative implications for traffic, although these would be addressed through a revised travel plan. 

 

The officer was recommending that this application be granted subject to conditions.

 

Members had concerns that additional staff with less parking spaces would have a consequential effect on the residents living by the school.  The officer confirmed that there were no plans for any additional staff members to be employed.  He also confirmed the school would have to produce a Travel Plan, and that this would be a condition of the planning application.

 

This was then moved and seconded and put to a vote, with 14 members voting for and 0 against.   It was therefore RESOLVED that planning permission be GRANTED subject to the conditions set out in Appendix 1 to this report

 

93c

1/17/9017 - Barras Lane, Highways Deport, Dalston - Temporary Hire Welfare Building for a period of 6 months - pdf icon PDF 443 KB

[Electoral Divisions: Dalston and Burgh]

 

To consider a report from the Corporate Director – Economy and Highways (copy enclosed)

 

 

Minutes:

Mr F Cassidy left the meeting at this point.

 

Members had before them a report from the Corporate Director – Economy and Highways which detailed that planning permission was sought retrospectively for a temporary welfare building for a period of 6 months at the Barras Lane Highways Depot, Dalston.  This was a modular building, hired for a short period.

 

The building would not increase the number of staff using the site, nor the number of vehicles associated with or otherwise visiting the depot.

 

Existing welfare facilities were below required standards and the modular building provided a temporary solution whilst works were undertaken to provide a permanent solution for welfare provision. 

 

The officer was recommending that this application be granted subject to conditions.

 

This was moved and seconded and put to the vote.  With 13 for and 0 against it was RESOLVED that planning permission be GRANTED subject to the conditions set out in Appendix 1 to this report

 

93d

4/17/9014 - Former Sekers Factory Site, Cleator Moor Road, Whitehaven, Cumbria, CA28 8RZ - Section 73 application to amend Condition 3 of Planning Permission 4/17/9001 - Proposed New Build 60 no Bed Care Home with Associated Parking and Landscaping pdf icon PDF 766 KB

[Electoral Divisions: Hillcrest and Hensingham]

 

To consider a report from the Corporate Director – Economy and Highways (copy enclosed)

 

Minutes:

Mr F Cassidy returned to the meeting at this point.

 

The Committee considered a report from the Corporate Director – Economy and Highways which advised members that planning permission had been granted under 4/17/9001 for the construction of a 60 bed care home to accommodate residents with a mixture of dementia and high dependency needs. 

 

The principle of the construction of a care home on this site had been established and approved under planning permission 4/17/9001, approved in March 2017.  This application was to vary condition no. 3 of this planning permission to allow amendments to the originally approved scheme (this condition confirmed the details of the approved plans for application 4/17/9001).  The amendments consisted of the following changes to the originally approved scheme, as detailed by the latest amended plans received on 22 December 2017:-

 

·      Amendments to the elevations and materials of the approved building

·      The design of the building has been changed to show the external walls straightened out (removal of recesses).

·      Site levels and sections (existing and proposed) have been shown on the plans

·      The floor plans have been amended to reflect the changes made to straighten out the external walls

·      Minor change to show the reduction in scale of the site at its south eastern boundary – the extent of the site is now marginally smaller than that shown on the approved planning permission and the location plan has been amended to reflect this

·      Additional details in relation to the proposed soft landscaping scheme for the site

·      Minor changes to the car parking layout to reflect the slight reduction in the extent of the application site

 

The planning officer took members through the report and detailed the following:-

 

·      Consultations and representations

·      Impact on the residential amenity

·      Human Rights

 

The officer recommendation was that the amendments proposed to the original grant of planning permission 4/17/9001 were deemed to be acceptable and to be in accordance with the development plan.

 

This was moved and seconded and put to a vote.  With no members dissenting it was RESOLVED that planning permission be GRANTED subject to the conditions set out in Appendix 1 of the report.

 

93e

4/17/9016 - Whitehaven Campus, Red Lonning, Hensingham, Whitehaven, Cumbria,CA288UG - Section 73 planning application to amend Conditions 3 and 25 of Planning Permission 4/16/9014 pdf icon PDF 1 MB

[Electoral Divisions:   ]

 

To consider a report from the Corporate Director – Economy and Highways

 

Minutes:

Members considered a report from the Corporate Director – Economy and Highways, which detailed a Section 73 planning application to amend conditions 3 and 25 of planning permission 4/16/9014, for Whitehaven Campus, Red Lonning, Whitehaven.

 

The planning officer referred members to the update sheet, which detailed the consultation responses received.  Cumbria County Council, as Lead Local Flood Authority had responded to say that micro drainage calculations provided for the surface water system required amendment in line with standards to ensure the system worked effectively with sufficient storage.  To mitigate this the planning officer was recommending that a further condition be included when granting planning permission which stated that no development shall commence in Phase 2 until details on the capacity and micro drainage details and calculations for the surface water system had been submitted to and approved in writing by the County Planning Authority.  This was noted by members.

 

Condition 3 related to approved list of documents, the amendments include the layout and area of the sports pitches and facilities within the site; a reduction in surfacing and simplification of student playground and break-out areas; a reduction in the number and position of car parking areas, including the addition of an external day visitor parking area; detailed minor alterations to the site access from Red Lonning; and reworking of the attenuation pond to reduce the amount of standing water within the site .

 

Condition 25 related to landscaping – the landscaping strategy plan had been amended in light of the proposed changes.   The scheme affected public right of way 431024.

 

The planning officer took members through the report and detailed the following for members:-

 

·      Reduction in parking spaces

·      Alterations to Red Lonning junction

·      Main access to the entrance of Campus Building

·      Impact on Public Rights of Way 431024

 

The minor changes were essential in the delivery and implementation of the continued development of Whitehaven Campus.  The alterations would only marginally impact on the aesthetics of the area to what was approved under planning permission 4/16/9014 and would have a minor impact on the amenities of local residents by introducing two way traffic onto Red Lonning from the visitor car park.

 

Concerns raised by the representation were being addressed through the appropriate channel and would be reported to the Development Control and Regulation Committee in due course.

 

Members had concerns about car parking within the site and also the number of vehicles that would be accessing the site on a daily basis and the effect this would have on the surrounding areas.  There was also a 6th form at this location, which would mean the pupils could be traveling in cars and would require parking.  They asked that these concerns be raised with the schools.

 

The planning officer advised members that there was currently only a small amount of car parking at St Benedicts School, so this scheme would be an improvement on this.  However, she would raise these concerns with the Highways Authority.

 

The officer was recommending that  ...  view the full minutes text for item 93e

93f

6/17/9011 - Bennett Bank Landfill Site, Hawthwaite Lane, Barrow in Furness - Section 73 Application to amend Conditions 1, 2 and 4 of Planning Permission 6/15/9005 pdf icon PDF 651 KB

[Electoral Divisions: Dalton North]

 

To consider a report from the Corporate Director – Economy and Highways (copy enclosed)

 

Minutes:

A report from the Corporate Director – Economy and Highways was received by members, which detailed a planning application at Bennet Bank Landfill Site, Barrow in Furness, to amend condition 1, 2 and 4 of planning permission 6/15/9005; condition 1 to amend the life of the permission from 31 December 2017 to 31 December 2019; condition 2 to amend the approved restoration scheme and condition 4 to amend restoration drawing 435-01-06 dated June 2015 to drawing 2166-01-01 dated November 2017.

 

Bennett Bank Landfill Site had operated since 1972.  Bennett Bank accepted non-hazardous municipal, commercial and industrial wastes.  The site had been extensively extended over this time.  The planning permission for the main operations on the site was in 2008, ref. 6/08/9012 ‘To Increase the Landfill Capacity and Provide for revised Restoration of the Site’; approved on appeal dated 19 March 2010.

 

The Planning Officer took members through the report and detailed the following:-

 

·      How the amended restoration plan would affect the operations at the site

·      Concerns of local residents

 

The continued operations at Bennett Bank would be for an additional 2 years, would allow the contours of the restoration scheme to be established to allow the site to be restored in accordance with the submitted scheme.

 

The officer was satisfied that the proposed development was in accordance with the development plan. 

 

One objection was received from a local resident objecting to the extension due to the odour, noise, dust, vermin, litter and the use of the access road.  The officer advised that although these concerns were valid they were controlled by conditions or by the site licence issues by the Environment Agency.

 

The recommendation of the officer was that this application be granted subject to conditions.  This was them moved and seconded and pout to the vote.

 

With no members dissenting it was RESOLVED that planning permission be GRANTED subject to the conditions in Appendix 1 of the report.

 

94.

Applications/Consultations Determined Under Delegated Powers pdf icon PDF 75 KB

[Electoral Divisions: Various]

 

To consider a report from the Corporate Director – Economy and Highways (copy enclosed)

 

To note that these are applications/consultations that have recently been determined by the Corporate Director – Economy and Highways (copy enclosed)

in accordance with their schemes of delegation.

Minutes:

The Manager – Development Control and Countryside Management advised members that two Prior Notification of Demolition listed in the report had been received from Cumbria County Council.  These had not come before the Committee as the deadline for determination was only 28 days from the receipt of the Prior Notifications and this did not fit with the cycle of Development Control and Regulation Committee meetings.

 

It was noted that a paper would be coming to the Committee on this in the near future.

 

RESOLVED,          with no members dissenting, that the list of applications/consultations determined under delegated powers be noted.

 

95.

Applications/Consultations Proposed to be Determined Under Delegated Powers pdf icon PDF 83 KB

[Electoral Divisions: Various]

 

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.

 

To consider a report from the Corporate Director – Economy and Highways (copy enclosed)

Minutes:

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

96.

Applications to be Considered at Future Meetings pdf icon PDF 88 KB

[Electoral Divisions: Various]

 

To consider a report from the Corporate Director – Economy and Highways (copy enclosed)

 

To note the list of outstanding planning applications.

Minutes:

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

 

The Manager – Development Control and Countryside Management advised members that the West Cumbria Mining application would be considered by the Development Control and Regulation Committee on 7 March 2018.  Members received confirmation that a site visit would be held on 28 February 2018.  Members noted the update. 

 

RESOLVED,       that a site visit be held to Planning Application No. 4/17/9007 – West Cumbria Mining on 28 February 2018.

97.

PLANNING ENFORCEMENT RELATED MATTERS pdf icon PDF 64 KB

[Electoral Divisions: Various]

 

To consider a report from the Corporate Director – Economy and Highways (copy enclosed)

Minutes:

RESOLVED that, with no members dissenting, the report be received and noted.

 

98.

Date and time of next meeting

The next meeting will be held on 7 March 2018 at County Offices, Kendal at 10am  

 

Minutes:

The next meeting will be held on 7 March 2018 at County Offices at 10am