Agenda and minutes

Development Control and Regulation Committee
Wednesday, 7th March, 2018 10.00 am

Venue: County Offices, Kendal,

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

Items
No. Item

99.

Apologies for Absence

To receive any apologies for absence.

Minutes:

Apologies for absence were received from Mr W McEwan, Mr D Whipp, and Mr R Worthington.

 

100.

Changes in Membership

To note any changes in membership.

Minutes:

It was noted that Mr M Wilson replaced Mr W McEwan, and Mr D English replaced Mr R Worthington as a member of the Committee for this meeting only.

 

101.

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 on this occasion.

 

102.

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.

103.

Minutes pdf icon PDF 117 KB

To confirm as a correct record the Minutes of a meeting held on 24 January 2018 (copy enclosed)

Minutes:

RESOLVED,       that the minutes of the meeting held on 24 January 2018 be confirmed as a correct record and signed by the Chairman.

 

104.

Reports on Applications for Planning Permission pdf icon PDF 79 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 (copy enclosed)

 

 

104a

2/17/9015 - Beckstone Primary School, Eadie Street, Harrington, Workington - Construction of a pre-fabricated building to form a new classroom pdf icon PDF 250 KB

[Electoral Divisions: Harrington]

 

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 presented a planning application  for the construction of a pre-fabricated building to form a new classroom at Beckstone Primary School, Eadie Street, Harrington Workington.

The officer drew members attention to the update sheet tabled which was asking members not to impose condition 3 (details of materials submitted).  The officer considered there was sufficient detail in the plans to make this condition unnecessary.  This was noted.

The additional classroom was required at the school to provide accommodation on site due to the extra capacity required as a result of the ‘30 hours places’ to deliver the governments manifesto commitment to offer working parents of 3 and 4 year olds 30 free childcare hours per week. The new building would provide a standalone early years single classroom.

A number of options were considered in the design process – a traditional extension to the school building, a modular solution or a prefabricated solution. The prefabricated solution was chosen for reasons of longevity and ease of maintenance whilst providing a more substantial long term solution. This was favoured by both the County Council and the school.

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

·      Consultation and representations

·      Impact of the proposal on highway safety

 

Members had concerns that a pre-fabricated building would not fit in with the aesthetics of the surrounding area.  The officer explained that the building was a bespoke building, which was robust and was designed to be a permanent classroom, not a temporary building.

 

The Committee also raised concerns about the effect the additional car parking would have on this, to which the officer responded by saying the proposed new building would not result in any increases to the number of children or staff at the school.  The building would simply provide a stand alone unit for early years provision for children already attending the nursery in connection with the ’30 hours free places’ government manifesto and would  reduce pressure on accommodation in this part of the school.

 

The officer also felt that the location of the building would not result in the loss of any on site parking provision and would have no significant material impact on traffic movements or parking at the site.  Members noted this, but still had concerns about the long term impact on parking in this location.

The officer considered that the proposed development was in accordance with the development plan, there were no material considerations that indicated the decision should be made otherwise and with the planning conditions proposed, any potential harm would reasonably be mitigated.  It was therefore recommended that this application be granted subject to conditions.

The recommendations were proposed and seconded and put to a vote.  With 15 members voting for, 1 against and 1 abstention it was RESOLVED that, Planning Permission be GRANTED subject to conditions set out in Appendix 1 of the report, but subject to the removal of Condition 3 as referenced  ...  view the full minutes text for item 104a

104b

4/17/9017 - Seascale Primary School, Croft Head Road, Seascale CA20 1LZ - Construction of a replacement school including revised parking layout, bin storage, hard surfaced play area, new access paths, community use facilities and associated demolition of the existing school buildings pdf icon PDF 344 KB

[Electoral Divisions: Gosforth]

 

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 detailed a planning application for the construction of a replacement school including a revised car parking layout, bin storage, hard surfaced play area, new access paths, community use facilities and associated demolition of the existing school buildings at Seascale Primary School.

 

The officer referred members to the update sheet, which included specific information on:-

 

·      Objections received

·      Loads and delivery information

·      Swept path analysis

·      Demolition works

 

The officer was proposing an additional condition be imposed that:-

 

·      That no development shall commence on the demolition of the existing school until a Demolition Management Plan (DMP) has been submitted to and approved in writing by the County Planning Authority.  The update sheet also included details of what the DMP should include.  Members noted the update.

 

The application site formed part of the grassed area to the front of the existing school.  It was proposed that the new school would be constructed on site while the pupils occupied the existing school and on completion would decant into the new building whilst demolition of the existing school was undertaken.  Seascale School had residential housing on three sides and agricultural fields to the north.

Access to Seascale School was from Croft Head Road which was accessed from the B5344 and connected onto the A595 at Gosforth.  Pedestrian access would remain from B5344 and Croft Head Road.

Six representations had been received, two of which were referenced in the update sheet.  The concerns related to widening of Croft Head Road and patrolling keep clear markings; height of the proposed new building; the wind turbine; safe drop off area for pupils; and lack of parking.

 

All of the concerns raised had been responded to by the officer, and details were included either in the report or the update sheet.  The responses were noted by members.

 

Members asked about the possibility of the road being widened to accommodate the additional traffic the construction of the school would create.  The planning officer said unless there was an increase in capacity at the school it was not possible to add this condition, and confirmed there were no plans to increase the capacity of pupils accessing the school.

 

One of the members asked for clarification on the number of car parking spaces to be available at the school, and whether it was 17 or 18.  The officer confirmed it was 17 parking spaces and 1 disabled parking space.  This was noted.

 

Discussions took place about the delivery times referred to in paragraph 7.15 of the report and one of the members proposed that the delivery times in the afternoon should be changed to no deliveries between 15.00 and 16.15.  This was then seconded and put to a vote, with 6 for, 8 against and 3 abstentions this proposal fell.

 

Members had concerns about the traffic in this location at ingress and egress times at the school.  It was proposed that a site visit be  ...  view the full minutes text for item 104b

104c

5/17/9016 - Sandside Lodge School, Victoria High School, Ulverston, Cumbria, LA12 0EB - Proposed development to form a new 80 place Special Educational Needs School. The facility will replace the existing Sandside Lodge School which is no longer fit for purpose pdf icon PDF 1 MB

[Electoral Divisions: Ulverston East]

 

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 a planning application to form a new 80 place Special Education Needs School to replace the existing Sandside Lodge School, which was no longer fit for purpose.

 

The officer drew members’ attention to the update sheet, which proposed an additional condition as follows:-

 

·      That no development shall commence until details of measures to prevent birds from nesting/roosting on the roofs or facades of the building have been submitted to and approved in writing with the County Planning Authority.  This was noted.

 

Members recalled that the scheme was originally submitted to Development Control and Regulation Committee on 15 February 2017 (planning application 5/16/9013) and was granted subject to conditions. 

 

Since the granting of planning permission the applicant’s aspirations for the design and layout of the school had led to a new planning application being submitted to reflect the changes to the building footprint, massing and appearance of the elevational design.  The main change to the scheme approved under planning permission 5/16/9013 was the design of the school building, which was now a different design and included modifications to the landscaping plan.

 

The officer took members through the report, highlighting the following:-

 

·         Consultations and representations

·         Impacts on highways during construction of the new school

·         Flood Risk

 

Two letters of representation had been received, one outlined in the report and one contained within the update sheet. 

 

The concern raised with regards to the stability of the boundary wall/fence between the school and 4 Springfield Road being unstable had been forwarded to the applicant and the concern raised had been resolved.

 

The second letter had been detailed in the update and the officer was recommending an additional condition be included in the permission to resolve this.

 

·      That no development shall commence until details of measures taken to prevent birds from nesting/roosting on the roofs or facades of the building have been submitted to and approved in writing with the County Planning Authority.

 

The officer was recommending that planning permission be granted subject to the conditions set out in Appendix 1 of the report, and the additional condition outlined above.

 

The members noted that the Local Members for Ulverston East and Ulverston West were both in support of this application.

 

This was then voted upon, with 17 for and 0 against it was RESOLVED that, Planning Permission be GRANTED subject to conditions set out in Appendix 1 of the report, and with the additional condition outlined above.

 

Mr F Cassidy and Mr K Hamilton left the meeting at this point.

 

104d

5/18/9002 - Pennington C of E School. Ulverston LA12-0RR - Erection of a new single storey classroom building to replace a modular building, associated hard-landscaping alterations and relocation of timber canopy structure pdf icon PDF 227 KB

[Electoral Divisions: Low Furness]

 

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

 

Minutes:

The Committee considered a report from the Corporate Director – Economy and Highways which detailed a planning application to erect a new single storey classroom building to replace a modular building, associated hard-landscaping and relocation of a timber canopy structure.  A new path with ramped access, galvanised steel hand-railing and a level landing area for manoeuvring would be provided to the building entrance.

 

Members were referred to the update sheet tabled.  Recently a revised General Arrangement Plan had been received to provide further details in respect of tree/hedgerow protection and ensure consistency across the submitted documents in respect of the proposals.

 

The officer was recommending that Conditions 2 and 3 be updated to reflect the latest revised plan and that the following condition in respect of drainage be included:-

 

·      Prior to the commencement of the erection of the new building or laying of any new hardstanding a surface water drainage scheme shall be submitted to and approved in writing by the Local Planning Authority.  This was noted.

 

The officer took members through the report, drawing attention to the following:-

 

·      Consultation and representations

·      Highways considerations

 

The officer was recommending that this application be granted subject to conditions, including those outline in the update sheet. 

This was then voted upon and with 15 for and O against it was RESOLVED that, planning permission is GRANTED subject to the conditions set out in Appendix 1 of the report, and the additional condition outlined above.

 

105.

Applications/Consultations Determined Under Delegated Powers pdf icon PDF 80 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 in accordance with their schemes of delegation.

 

Minutes:

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

106.

Applications/Consultations Proposed to be Determined Under Delegated Powers pdf icon PDF 81 KB

[Electoral Divisions: Various]

 

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

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

107.

Applications to be Considered at Future Meetings pdf icon PDF 97 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 considered.

 

The Manager – Development Control and Countryside Management advised members that the West Cumbria Mining application was now planned to be considered by the Development Control and Regulation Committee on 18 April 2018.  Members received confirmation that a site visit would be held on 9 April 2018.  Members noted the update. 

 

The Manager also detailed a possible future application for Jericho School.  It was proposed that a site visit to this location be held the same day as the visit to the West Cumbria Mining site.  The Manager – Development Control and Countryside Management AGREED to look at this to see if both visits could take place on the 9 April.

 

RESOLVED,       that a site visit be held to Planning Application No. 4/17/9007 – West Cumbria Mining and consideration to given to including a visit to Jericho School on 9 April 2018.

108.

PLANNING ENFORCEMENT RELATED MATTERS pdf icon PDF 65 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.

109.

Date and time of next meeting

The next meeting will be held on 18 April 2018 at County Hall, Kendal at 10am

 

Minutes:

The next meeting will be held on 18 April 2018 at County Hall, Kendal at 10am.