Agenda and draft minutes

Development Control and Regulation Committee
Wednesday, 30th May, 2018 10.00 am

Venue: Council Chamber - County Offices, Kendal, LA9 4RQ

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

Items
No. Item

1.

Apologies for Absence

To receive any apologies for absence.

Minutes:

An apology for absence was received from Mr D Whipp.

 

 

2.

Changes in Membership

To note any changes in membership.

Minutes:

There were no changes in membership reported on this occasion.

 

3.

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.

 

 

4.

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.

5.

Minutes pdf icon PDF 122 KB

To confirm as a correct record the Minutes of a meeting held on Wednesday 18 April 2018 (copy enclosed)

 

Minutes:

RESOLVED,       that the minutes of the meeting held on 18 April 2018 be agreed with the following amendments:-

 

On Minute No 116 – CA13/11 Holme Cultram Application to Correct Mistaken Registration, CL451 Common Land in the Manor of Holme Cultram – in the resolution add the word ‘description’ before the words ‘specified in Section 11’, so it now reads ‘land of a description specified in section 11…’

 

On Minute No 118 – Highways Act 1980 Section 119 Application to Divert Public Bridleway No 317011 and Section 118 Extinguishment of Public Footpath No. 317010 Parish of Crackenthorpe – in the 6th paragraph, second last sentence, add the word ‘significantly’ between the words ‘to and exceed’, so it now reads ‘would not be allowed to significantly exceed the number….’

 

 

6.

HIGHWAYS ACT 1980 SECTION 119A - APPLICATION TO DIVERT UNRECORDED PUBLIC FOOTPATH AT BAYLEY/BAILEY LANE GRANGE OVER SANDS: DISTRICT OF SOUTH LAKELAND pdf icon PDF 935 KB

[Electoral Divisions: Grange]

 

To consider a report from the Executive Director – Economy and Infrastructure (copy enclosed)

 

 

Minutes:

The Development Control and Regulation Committee considered a report from the Executive Director – Economy and Infrastructure, which detailed an application received to divert the unrecorded public footpath that passed over the railway at Bayley/Bailey Lane, Grange Over Sands to an alternative path that uses the nearby railway underpass.

 

Bayley/Bailey pedestrian level crossing was a heavily used popular access point from the town centre to the Grange promenade and sea front.

 

In 2007 Network Rail installed the underpass between points B-C as shown on the plan at Appendix A to create an alternative route which could be used to avoid the railway crossing A-B.

 

In 2007 Network Rail applied to Cumbria County Council to close the crossing A-B but it was rejected by this committee on the grounds that no case had been made that it was dangerous to use.

 

Since then Network Rail had carried out improvements including the introduction of a one-way system, clearer signage and whistle boards but continued to remain concerned regarding the safety of users crossing the tracks.

 

In July 2017 Network Rail recorded a serious incident at the crossing and requested a temporary closure of the path. Cumbria County Council installed a prohibition of pedestrians over the crossing which was scheduled to an end in October.

 

Approximately 15 members of the public, although not consulted, had written to raise their concerns on the proposals. There was no widespread agreement from these members of the public that the crossing should be closed and significant numbers believed for their own reasons that it should stay open.

 

The decision to close the crossing would involve weighing up the evidence to assess the risk to public health and safety, against the harm to public access and amenity. Given the level of public interest and the need to ensure that members were assisted in understanding the  impacts of the proposal, officers were recommending that a site visit took place to enable members to inspect the crossing and the proposed diversion before considering the application.

 

The suggested date was 3 July 2018, and this was proposed and seconded and with no members dissenting it was,

 

RESOLVED that,     the Committee carry out a site visit at  Bayley/Bailey Lane pedestrian level crossing and the proposed diversion route on 3 July 2018.

 

 

7.

Reports on Applications for Planning Permission pdf icon PDF 92 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 Executive Director – Economy and Infrastructure

 

7a

1/18/9002 - 5 Brunswick Street, 16-19 Portland Square and 1 Alfred Street, Carlisle - Building Consent for the take-down and rebuild of a section of brick wall on the boundary between 5 Brunswick Street and 19 Portland Square on a like for like basis. Re-pointing of external brick-work, replacement of some bricks and fitting of new chimney cowls to specified buildings. pdf icon PDF 1012 KB

[Electoral Divisions: Castle]

 

To consider a report from the Executive Director – Economy and Infrastructure (copy enclosed)

 

 

Minutes:

Members had before them a report from the Executive Director – Economy and Infrastructure which outlined an application for Listed Building Consent to take-down and rebuild a section of red brick wall on the rear boundary between 5 Brunswick Street and 19 Portland Square, Carlisle. 

 

The wall had been assessed as being structurally unsound and unsafe. Herras fencing had been placed around the wall as a temporary safety measure.

 

The applicant had also taken the opportunity to apply for Listed Building Consent for the fitting of new chimney cowls and the repointing and replacement of bricks on a number of other listed buildings in their ownership that were oriented around Portland Square.

 

The properties were located to the east, and just outside, of Carlisle City Centre. 5 Brunswick Street, 16-19 Portland Square and 1 Alfred Street were loosely oriented around Portland Square – an open Victorian landscaped garden. All these properties were Grade II Listed and were all situated in the Chatsworth Square and Portland Square Conservation Area.

 

The Planning Officer said no objections or representations had been received to this application, and he believed the proposed works would lead to less than substantial harm to the significance of these buildings, and the benefits of the proposed works to preserving the buildings, and their visual appearance to the local scene were considered to outweigh the residual harm identified.  The officer was recommending that listed building consent be granted subject to conditions.

 

This was then proposed and seconded and put to a vote.  With 17 for and 0 against it was,

 

RESOLVED that,     Listed Building Consent be GRANTED subject to the conditions set out in Appendix 1 to this report.

 

7b

1/17/9018 & 1/17/9019, Northwest Recycling Rockcliffe Estate, Section 73 Variation of Condition 2 of Planning Permission reference 1/17/9008 to extend the hours of operation on the site for a period of 12 months (not including operating times of wast pdf icon PDF 489 KB

[Electoral Divisions: Dalston and Brough, Longtown]

 

To consider a report from the Executive Director – Economy and Infrastructure (copy enclosed)

 

 

Minutes:

Members considered a report from the Executive Director – Economy and Infrastructure which detailed a a Section 73 application which sought to vary Condition 2 of Planning Permission reference 1/17/9008 and Condition 3 of Planning Permission Reference 1/15/9008 to extend the hours of operation on the site (not including operating times of waste carrying vehicles) for a period of 12 months at North West Recycling Ltd, Unit A,  Kingmoor Park Rockcliffe Estate, Rockcliffe, Carlisle, CA6 4RW.  The proposed extension was until 22.45 Monday to Friday.

 

North West Recycling had requested an increase in operational hours as the company continued to grow and improve its waste treatment process.  Amongst other outputs, the company could produce Refuse Derived Fuel (RDF) and Solid Recovered Fuel (SRF), which diverted more waste from landfill.  However, this additional refinement was more time consuming and slowed the throughput of waste at the site.  This meant the applicant was unable to operate the site at its full permitted waste capacity during the current operating hours.  By extending the operating hours, the site would be able to treat waste at its maximum rate and better manage its plant and employee resources.  This would result in the company achieving better efficiencies, reducing its lower quality outputs and increasing its higher quality output.

 

All of the activity would be carried out within the existing buildings and there would be no movement of vehicles or materials outside of the buildings during the extended hours of operation.

 

Objections had been received from Carlisle City Council, Rockcliffe Parish Council, and the Local Member for Longtown. 

 

Carlisle City Council Planning Department had objected on the basis of comments from their Environmental Health Officer. The objection was about discrepancies in the accompanying noise report, and were on the basis that the site could operate for 24 hours per day, including the use of plant and machinery until 2245 hours, the proposal had a significant potential to result in an increase of noise levels from the site resulting in disturbance and an adverse impact on the living conditions of occupiers in the vicinity of the site.” 

 

The Planning Officer had held subsequent discussions with the Environment Health Officer at Carlisle City Council who had indicated the objection would be withdrawn.  However, this had not yet been received.  Members noted this.

 

Rockcliffe Parish Council had objected on the basis that there had been a number of planning applications, some of which had been retrospectively made at the site.  The Parish Council further commented that this had led to deviation from the original planning application 1/09/9002. The site expansion was judged locally as far exceeding the operation envisaged in 2009. The Parish Council had added that the site was served by country roads that were totally unsuitable for not only the quantity of HGV’s but also the physical size of many of them. They also had some concerns regarding the noise which would be generated during the night.

 

The Local Member for Longtown supported the reasons for  ...  view the full minutes text for item 7b

7c

1/18/9001 - Kingmoor Junior School, Liddle Close, Carlisle CA3 0DU - Extension to Junior School to provide 1 no classroom, 1 no. cloak room, and 1 no. office. Additionally, existing playground area extended. pdf icon PDF 503 KB

[Electoral Divisions: Belah]

 

To consider a report from the Executive Director – Economy and Infrastructure (copy enclosed)

 

 

Minutes:

The Committee considered a report from the Executive Director – Economy and Infrastructure which detailed that planning permission was sought to extend Kingmoor Junior School to build an additional classroom, cloak room, and office. In addition an existing playground area would be extended to replace that lost by extending the building.

 

The proposed classroom would be built at the western end of the school adjacent to the extension to the school constructed in 2014 (planning permission reference number 1/13/9020) and would replace the temporary classroom granted planning permission on 20 September 2017 (reference 1/17/9011)

 

The additional classroom was required to provide a permanent increase in capacity driven in part by a larger than anticipated intake at the adjacent infant school.  The alternative to accommodate this larger roll, would have been to relocate the Kingmoor Community Learning and Business centre (off site) and to undertake internal alterations. Although the centre had some teaching space, this would not be suitable for direct reuse and considerable structural alterations would be required to create a suitably sized classroom.  Furthermore, following public consultation in October 2017, the applicant reported that local residents were overwhelmingly in favour of retaining the community learning and business centre and extending the school to the west.

   

The Planning Officer informed members that one representation had been received, which related to an “inevitable increase in traffic” and the inconsiderate and (alleged) illegal parking particularly around picking up and dropping off times. 

 

The officer explained that the school already accommodated nearly 300 pupils.  This application was to replace the temporary classroom installed last year with a permanent extension, and would not further increase pupil numbers or capacity.

 

The officer felt that with the planning conditions proposed, any potential harm would reasonably be mitigated, and was therefore recommending that this application be granted subject to conditions.

 

This was proposed and seconded and with no members dissenting it was,

 

RESOLVED that,     Planning Permission be GRANTED as set out in Appendix 1 of the report.

 

7d

5/18/9006 - Levens C of E School - Demolition of a redundant kitchen building and replacement with a new build kitchen/dining room pdf icon PDF 660 KB

[Electoral Divisions: Lyth Valley]

 

To consider a report from the Executive Director – Economy and Infrastructure (copy enclosed)

 

 

Minutes:

Members had before them a report from the Executive Director – Economy and Infrastructure which detailed a planning application for permission to demolish a redundant kitchen building and replace it with a new kitchen/dining room at Levens C of E School, Church Road, Levens.

 

Members recalled granting a temporary permission in April for a Portakabin Ultima building to be used temporarily as a dining hall.  This application related to the permanent replacement of the facilities that were deemed unfit for use on health and safety grounds.  The building previously used as the dining hall was rented from the Levens estate and given its condition, rent and ongoing maintenance costs  it was not viable for long term use. Currently meals were being prepared off site and brought to the temporary building

 

The original kitchen had the potential to be used as a roost for bats and the officer drew members’ attention to the update sheet which gave an update on the bat survey supplied by the applicant.  The update detailed an inspection of the property, a desktop search and dusk bat emergence survey to assess whether bats were using or had used the property for roosting purposes.  The survey concluded that another emergence survey should be undertaken in late June/early July prior to any works commencing to enable a full assessment of the bat interest in the building.  Following the additional survey, if there is no additional evidence that bats were using the building then  the applicant should apply for an European Protected Species (EPS) licence prior to the works commencing.  Members noted this update. 

 

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

 

Some of the members had concerns about the use of cedar cladding, which they felt was unnecessary.  They asked that this be fed back to the developer.

 

The proposal was proposed and seconded and put to a vote, with 16 for and 1 against it was, 

 

RESOLVED that,     Planning Permission be GRANTED as set out in Appendix 1 of the report.

 

                                   

8.

ANNUAL PERFORMANCE REVIEW 2017/18 pdf icon PDF 117 KB

To consider a report from the Executive Director – Economy and Infrastructure (copy enclosed)

 

Minutes:

The Manager – Development Control and Countryside Management presented a report which detailed performance data for the Development Control, Countryside Access and Common Land/Historic Environment teams within Cumbria County Council were performing against either national performance targets or the Council Plan during 2017/18.

 

·      Development Control

 

This team received, validated, consulted and made recommendations on planning applications to this Committee and decisions under delegated powers on all Minerals and Waste developments and proposals by the County Council for its own development. The team also prepared and monitored the Minerals and Waste Local Plan.

 

·         For 2017/18 73 planning applications were determined; 55% were decided by Committee; 45% by delegation

·         For 2016/17, 77 applications were determined: 45% were decided by Committee; 55% by delegation

 

The Manager then took members through all the performance targets and figures.

 

On compliance matters, 43 complaints were investigated; 17 were found not to be land use matters. There were nine complaints where a breach of planning control was identified. In five of those cases, a retrospective application was made and in three cases the matters were passed to the District Council.

 

This year formal action in terms of Enforcement Notices or a Prosecution was not necessary. There was one on-going case where the landowner was facing legal proceedings for failure to comply with a Stop Notice and there was one complaint about an alleged breach of a Limestone Pavement Order which had been referred to the District Council.

 

Currently the planners were dealing with 26 new planning applications, including the proposal by West Cumbria Mining to extract metallurgical coal. A new validation checklist was being prepared to help support the submission of better, more informed planning applications and the Local Development Scheme was being revised to take account of the next stages of Local Plan review.

 

·      Countryside Access

 

The Definitive Map and Statement was maintained by the Countryside Access Team. The legal record of public right of way alignment could only be changed by Order and, under the current delegation arrangements with the consent of this Committee.

 

During 2017/18 30 Orders were dealt with, and in 2016/17 there were 17. 4 Orders were made under the Wildlife and Countryside Act; 19 under the Highways Act and 7 under the Town and Country Planning Act.

 

The team also processed 24 emergency closures where routes were closed temporarily to allow events to take place or protect the public from potential risk.

 

There was one prosecution pending for this year for an obstruction to a PROW. None were undertaken last year.

 

The team worked closely with Natural England to develop the England Coastal Footpath and other partners in the management of National Trails (Hadrians Wall & Pennine Way) as well as maintaining the existing PROW network and flood recovery repair work following Storm Desmond.

 

·      Common Land/Historic Environment

 

The Common Land/Historic Environment team was the Commons Registration Authority for Cumbria, including the areas within the National Parks. The service dealt with applications to make changes to the registers of common land and  ...  view the full minutes text for item 8.

9.

Applications/Consultations Determined Under Delegated Powers pdf icon PDF 68 KB

[Electoral Divisions: Various]

 

To consider a report from the Executive Director – Economy and Infrastructure (copy enclosed)

 

To note that these are applications/consultations that have recently been determined by the Executive Director – Economy and Infrastructure (copy enclosed) in accordance with their schemes of delegation.

Minutes:

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

 

10.

Applications/Consultations Proposed to be Determined Under Delegated Powers pdf icon PDF 97 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 Executive Director – Economy and Infrastructure (copy enclosed)

Minutes:

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

11.

Applications to be Considered at Future Meetings pdf icon PDF 111 KB

[Electoral Divisions: Various]

 

To consider a report from the Executive Director – Economy and Infrastructure (copy enclosed)

 

To note the list of outstanding planning applications.

Minutes:

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

 

In relation to the application for West Cumbria Mining the Manager – Development Control and Countryside Management updated members on the latest situation with the application.  Progress was being made but there was still work to do on this before it would come forward for decision.

 

In relation to the Nent Haggs Minewater Treatment application on Alston Moor this application was unlikely to be ready for the July meeting. Members noted this update.

 

RESOLVED, that     the report be received and noted.

 

 

12.

PLANNING ENFORCEMENT RELATED MATTERS pdf icon PDF 65 KB

[Electoral Divisions: Various]

 

To consider a report from the Executive Director – Economy and Infrastructure (copy enclosed)

 

Minutes:

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

13.

Date and time of next meeting

The next meeting will be held on 11 July 2018 at County Offices, Kendal at 10am

 

 

Minutes:

The next meeting will be held on 11 July 2018 at County Offices, Kendal at 10am.