Agenda and minutes

Development Control and Regulation Committee
Thursday, 23rd August, 2018 10.00 am

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

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

Items
No. Item

34.

Apologies for Absence

To receive any apologies for absence.

Minutes:

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

 

35.

Changes in Membership

To note any changes in membership.

Minutes:

It was noted that Mr K Hitchen replaced Mr D Whipp, and Mr M Wilson replaced Mr W McEwan as members of the Committee for this meeting only.

 

36.

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.

37.

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.

38.

Minutes pdf icon PDF 196 KB

To confirm as a correct record the Minutes of a meeting held on 11 July 2018  2018 (copy enclosed)

 

Minutes:

RESOLVED,       that the minutes of the meeting held on 11 July 2018 be agreed with the following amendments:-

 

Minute No 22 – CA13/16 Application to Correct Mistaken Registration CL276 Blawith Fell, Land at Tottlebank Farm – in the resolution, add the word ‘description’ before the word ‘specified’, so it now read ‘land of a description specified’.

 

On Minute No 26 - Highways Act 1980 Section 119A – Application to Divert Unrecorded Public Footpath at Bayley/Bailey Lane, Grange over Sands – page 16 in the 3rd paragraph, second last sentence, change the word ‘no’ to ‘any’ so it now read ‘He had seen no evidence that any such independent ….’

 

On the same minute in the first resolution amend it to read, ‘RESOLVED that members REJECT the recommendation.  The application …….’

 

Minute No 28 (b) Application No 2/18/9009 – Demolition of former Fire Station in a Conservation Area 1 Francis Croft and Cavendish House, Elizabeth Street – page 23 2nd paragraph from the top take out the words ‘would be controlled’.

 

On Minute No 28 (f) – Application No 5/17/9013 – Section 73 Application to Vary or Remove Planning Conditions 1 and 5 of Planning Permission Reference 5/98/9005 to extend quarrying hours until 30 June 2029 and to review restoration of the site at Sandside Quarry, Milnthorpe – in the resolution add in the words ‘subject to conditions’ so it now read ‘planning permission be GRANTED subject to conditions as set…’    

 

39.

CA13/12 Application to correct mistaken registration, Land at Near Raypot Haws, Blawith, part of CL155 Blawith Common pdf icon PDF 127 KB

[Electoral Divisions; High Furness]

 

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

 

 

Additional documents:

Minutes:

Members had before them a report from the Executive Director – Economy and Infrastructure, which detailed an application received from R. Baxter and J. Baxter to correct a mistaken registration in common land register unit CL155 Blawith Common.

 

The applicants claimed that immediately prior to its provisional registration the application land was not land subject to rights of common, waste land of the manor, a town or village green, or land of a description specified in section 11 of the Inclosure Act 1845. The applicants sought to remove the application land from the register of common land.

 

The Application related to a parcel of land at Near Raypot Haws, Blawith comprising O.S. field numbered 172 which formed part of the land comprised in common land register unit CL155 – Blawith Common, shown edged red on the plan at Appendix 2 of the report.

 

CL155 was provisionally registered as common land on 2 October 1969 under Section 4 of the Commons Registration Act 1965 pursuant to application no. 623, made by Ethel Boyren, Councillor for Blawith and Subberthwaite Parish Council on 12 December 1968. The provisional registration became final on 1 August 1972 and the land became register unit CL155.

 

The Applicants claimed that the Application Land was registered as common land by mistake made by Blawith and Subberthwaite Parish Council and that, immediately before its provisional registration, the Application Land was not subject to rights of common, waste land of the manor, a town or village green or land of a description specified in section 11 of the Inclosure Act 1845.

 

The Applicants submitted a Statement of Case accompanied by 22 documents as evidence in support of the Application:

 

The Commons Registration officer took members through the report, highlighting  specifically the sections relating to the evidence provided, including:-

 

·      Land subject to rights of common

·      Waste land of the manor

·      A town or village green within the meaning of the 1965 Act

·      Land of a description specified under Section 11 of the Inclosure Act 1845

 

Two representations were received, one from the Open Spaces Society who stated they had no objections to the application, and the other from Mr Steve Byrne who commented that it was highly likely that the Application Land was once waste land of the manor, and that the key question concerned the physical state of the land at the time of its provisional registration. Mr Byrne did not provide any evidence to support his assertion regarding past status of the Application Land.

 

The representations were duly served on the Applicant, and they provided a reply to Mr Byrne’s representation. 

 

The Commons Registration Officer said the evidence provided by the Applicant, along with her own research supported the claim that the Application Land was not common land at the time of registration and that the Committee should resolve that the common land register unit CL155 be amended and the Application Land be deregistered.

 

Mrs Baxter, the applicant, then addressed the Committee with the following points:-

 

·      the public  ...  view the full minutes text for item 39.

40.

CA13/13 Application to correct mistaken registration, Land at Far Raypot Haws, Blawith, part of CL276 Blawith Fell pdf icon PDF 125 KB

[Electoral Divisions: High Furness]

 

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

 

 

Additional documents:

Minutes:

The Development Control and Regulation Committee considered a report from the Executive Director – Economy and Infrastructure which detailed an application received from R. Baxter and J. Baxter to correct a mistaken registration in common land register unit CL276 Blawith Fell.

 

The applicants claimed that immediately prior to its provisional registration the application land was not land subject to rights of common, waste land of the manor, a town or village green, or land of a description specified in section 11 of the Inclosure Act 1845. The applicants sought to remove the application land from the register of common land.

 

The application related to a parcel of land at Far Raypot Haws, Blawith comprising O.S. field numbered 173 which formed part of the land comprised in common land register unit CL276 – Blawith Fell, shown edged red on the plan at Appendix 2 of th report.

 

CL276 was provisionally registered as common land on 31 July 1970 under Section 4 of the Commons Registration Act 1965 pursuant to application no. 1325, made by Boughton Estates Limited.  The provisional registration became final on 1 August 1972 and the land became register unit CL276.

 

The Applicants claimed that the Application Land was registered as common land by mistake made by Boughton Estate and that, immediately before its provisional registration, the Application Land was not subject to rights of common, waste land of the manor, a town or village green or land of a description specified in section 11 of the Inclosure Act 1845.

 

The Applicants request the removal of the Application Land from the register of common land.

 

The Applicants submitted a Statement of Case accompanied by 22  documents as evidence in support of the Application:

 

The officer advised the Committee that two representations had been received, one from the Open Spaces Society who had no bjections to the application, and the other from Mr Steve Byrne who commented that it was highly likely that the Application Land was once waste land of the manor, and that the key question concerns the physical state of the land at the time of its provisional registration. Mr Byrne did not provide any evidence to support his assertion regarding past status of the Application Land.

 

The representations were duly served on the Applicant and the Applicant provided a reply to Mr Byrne’s representation. 

 

The Commons Registration officer took members through the report, highlighting  specifically the sections relating to the evidence provided, including:-

 

   Land subject to rights of common

   Waste land of the manor

   A town or village green within the meaning of the 1965 Act

   Land of a description specified under Section 11 of the Inclosure Act 1845

 

The Chair asked Mrs Josephine Baxter if she wished to say anything in relation to this application but she confirmed her comments were the same as with the previous application, and she had nothing further to add.

 

The Commons Registration Officer said the evidence provided by the Applicant, along with her own research  ...  view the full minutes text for item 40.

41.

CA13/18 - APPLICATION TO CORRECT MISTAKEN REGISTRATION; PART OF CL211 NEAR DALSTON BRIDGE, BUCKABANK pdf icon PDF 114 KB

[Electoral Divisions: Dalston and Burgh]

 

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

 

 

Additional documents:

Minutes:

Members considered a report from the Executive Director – Economy and Infrastructure which detailed an application received from Dalston Parish Council to correct a mistaken registration in common land register unit CL211 Near Dalston Bridge, Buckabank.

 

On 23 January 2018 Cumbria County Council received an application from Dalston Parish Council to deregister land at Forge Green, Dalston comprised in common land register unit CL211 – near Dalston Bridge, Buckabank, on grounds that it had been wrongly registered as common land.

 

The Application related to a square parcel of land around 0.130 hectares in area which comprised of the properties at Forge Green and their associated curtilage.  A plan showing the Application Land coloured red was attached at Appendix 2 of the report.

 

The land was provisionally registered as common land on 5 September 1969 under Section 4 of the Commons Registration Act 1965 pursuant to application number 804 made on 24 June 1968 by the Church Commissioners for England. The provisional registration, being undisputed, became final on 1 August 1972 and the land became register unit CL211.

 

The applicant claimed that at the date of its provisional registration on 5 September 1969 part of the registered land (the Application Land) was either covered by the building or within the curtilage of that building.   The applicant further claimed that at all times since its provisional registration on 5 September 1969 the Application Land had been covered by a building or has been within the curtilage of a building.  The Applicant requested the removal of the Application Land from the Register of Common Land.

 

The Applicant submitted various pieces of supporting evidence with the application, including but not limited to, an OS map of 1865, an OS map from the 1960’s and an image from 2009, which are included within Appendix 1.

 

The officer advised members that no objections had been received.

 

The officer was of the opinion that the evidence provided by the Applicant supported the claim that the Application Land was wrongly registered as common land and should be removed under paragraph 6 of Schedule 2 to the Commons Act 2006.

 

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

 

RESOLVED that,     the Committee accepts the application and amends the Register of Common Land and on the grounds that the land in question, on the date of provisional registration and at all times since that date, has been covered by a building or within the curtilage of a building.

 

42.

CA13/21 Application to correct mistaken registration, part of VG113 Cumrew Village Green pdf icon PDF 116 KB

[Electoral Divisions: Corby and Hayton]

 

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

 

Additional documents:

Minutes:

Member had before them a report from the Executive Director – Economy and Infrastructure which detailed an application received from Clarence Bowman Smith, Elspeth Smith and Tony James Smith to correct a mistaken registration in town or village greens register unit VG113 Cumrew Village Green.

 

The applicants claimed that on the date of the provisional registration the land was covered by a building or was within the curtilage of a building and that since the date of the provisional registration the land had at all times been, and still was, covered by a building or within the curtilage of a building. The applicants sought by this application to have the Application Land removed from the register of town or village greens.

 

The Application related to a parcel of land which formed part of VG113. The northern part of the Application Land comprised the walled front garden of Cumrew Farm’s farmhouse and the southern part of the Application Land comprised part of the driveway into the farmyard. A plan showing the boundaries of VG113 and the Application Land was attached to the report at Appendix 2 of the report.

.

The land was provisionally registered as a village green on 12 June 1970 under Section 4 of the Commons Registration Act 1965 pursuant to application number 1969 made on 31 December 1969 by Border Rural District Council. The provisional registration became final on 1 August 1972 and the land became register unit VG113.

 

The building referred to in paragraphs 4.4 and 4.5 of the report was the farmhouse at Cumrew Farm, which was registered with the Land Registry under the title number CU207488 and in the ownership of the Applicants.

 

The following supporting evidence was submitted by the Applicant:

 

·         Witness Statement of Edward Milburn Maughan dated 14 October 2017;

·         Official copy of register of title and plan CU207488.

 

Members noted that no objections had been received to this application.

 

The officer then took members through the report, and concluded that the evidence provided by the applicant supported the claim that the Application Land was wrongly registered as a village green. She was therefore recommending that members resolve that the town or village green register unit VG113 be corrected and the Application Land be deregistered.

 

This was proposed and seconded and put to a vote, and with 17 for and 0 against, it was

 

RESOLVED that,     the Committee accepts the application and amends the Register of Common Land on the grounds that the land in question, on the date of provisional registration and at all times since that date has been covered by a building or within the curtilage of a building.

43.

CA14/46 - APPLICATION TO AMEND THE REGISTER TO RECORD AN HISTORIC EVENT - HISTORIC SEVERANCE OF A RIGHT OF COMMON, REGISTER UNITS CL93 NORTH AND EAST MALLERSTANG, ENTRY 3 AND CL94 WESTERN MALLERSTANG COMMON, ENTRY 2 pdf icon PDF 144 KB

[Electoral Divisions: Kirkby Stephen]

 

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

 

 

Additional documents:

Minutes:

The Development Control and Regulation Committee considered a report from the Executive Director – Economy and Infrastructure which detailed an

application received from Paul Ewbank Dixon to amend a right of common, exercisable over two commons, and recorded at entry no. 3 of unit no. CL93 North and East Mallerstang Common and at entry 2 of unit no. CL94 Western Mallerstang Common in the registers of common land.

 

In relation to the ‘right to graze’ the Applicant claimed that portions of the Right were severed from the land as a result of a conveyance that occurred pre 5 April 1978, a conveyance dated 20 July 1978, a conveyance dated 29 January 1979, a conveyance dated 28 March 1990, a conveyance dated 17 February 1994 and a transfer dated 19 January 2001. The conveyance dated 28 March 1990 expressly stated that the rights were not transferred with the land, whilst three of the other Transfer Documents were silent on the matter.

 

The Applicant had thus far been unable to provide copies of the remaining two Transfer Documents, the pre 5 April 1978 conveyance and the 29 January 1979 conveyance. All claims were backed up by a statutory declaration and evidence showing the continued use of the rights

 

One representation was received from the Open Spaces Society. The Applicant responded to the Objection and Cumbria County Council allowed for some further correspondence between both parties as it as felt this would be beneficial to producing a more robust recommendation.

 

The Objection centred upon the principle that if a particular conveyance was silent on the matter of grazing rights then it was presumed that the rights transferred with the land. However, the objector himself referred to regulation 41(3)(b) of The Commons Registration (England) Regulations 2014 which stated that a determining authority may treat a right of common as having been severed if it was satisfied that the severance was lawful and there was evidence that the right of common had been treated since the qualifying event as having been severed.

 

The officer had considered the objection and the subsequent correspondence with the Applicant and concluded that, on the balance of probabilities, the Applicant has satisfied the requirements of regulation 41(3).

 

The officer was therefore recommending that members resolve that the Registers of Common Land be amended and the proportion of the Right currently registered as attached to the fields sold within the Transfer Documents was registered as severed and held in gross.

 

This was proposed and seconded and put to a vote and with 17 for and 0 against, it was

 

RESOLVED that,     members accept the application and amend the registers of common land on the grounds that severance of parts of the right of common occurred pre 5 April 1978, and on the 20 July 1978, 29 January 1979, 28 March 1990, 17 February 1994 and 19 January 2001 respectively, and that severance should be recorded in the register as a qualifying historic event under Schedule 3 to the Commons Act 2006.  ...  view the full minutes text for item 43.

44.

NL0065 Croft Terrace, Penrith pdf icon PDF 128 KB

[Electoral Divisions: Penrith North]

 

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

 

 

Additional documents:

Minutes:

Members considered a report from the Executive Director – Economy and Infrastructure which detailed an application received from Mr Peter Cresswell to register an area of land at Croft Terrace Penrith as a new town or village green.

 

The Application Land comprises of an area of maintained grassland located within a largely residential area within the Penrith North electoral ward. A plan showing the Application Land outlined in red was attached at Appendix 2 of the report.

.

The Applicant submitted the following evidence in support of the Application:-

 

     33 user evidence questionnaires (26 of these were from inhabitants of the originally identified neighbourhood which consisted of 48 properties)

 

A Land Registry search confirmed that the vast majority of the Application Land was owned by Eden District Council.

 

One objection was received from Eden District Council, the registered proprietor of the majority of the Application Land. The Objector relied on the following grounds:

 

     The locality or neighbourhood within a locality had been insufficiently defined by the applicant.

     Any use of the land had not been ‘as of right’ but instead has been ‘by right’ with the permission of the Council

     The Council has asserted its rights as owner of the property by restricting certain activities on the land

     The land has been subject to a ‘trigger event’ and no ‘terminating event’ had occurred at the time of application.

 

The Applicant responded to the points raised by the Objector in a letter of 27 February 2017 and furthermore in a letter of 10 May 2017. Upon further questioning the Objector withdrew the part of their objection relating to trigger and terminating events.

 

In response to the Objector the Applicant also chose to submit further evidence of use in the form of a further 70 questionnaires from a total of 103 residents, although these questionnaires did not focus on the activities being carried out. Members noted that 19 of the additional questionnaires were submitted by residents who also submitted a questionnaire with the original application.  During the notice period three emails were also received in support of the application.

 

Following an initial assessment of the Application and all subsequent material received the Planning Officer wrote to the Applicant on the 30 April 2018 advising that he was minded to recommend that the Application was refused on the grounds that the use of the land has been ‘by right’ not ‘as of right’.

 

Under 27(7) of the 2014 Regulations the Applicant was offered the chance to make oral representations to address the reasons given for our recommendation. The Applicant confirmed that he was happy for a Mr Graham Frost to present oral representations on his behalf and his views were heard at a meeting of 24 May 2018.

 

During the oral representations no evidence was put forward that changed the officers initial recommendation, and therefore he was recommending that the Committee refuse the Application.

 

The Local Member for Penrith North spoke to say she had found this application  ...  view the full minutes text for item 44.

45.

WILDLIFE & COUNTRYSIDE ACT 1981 - SECTION 53 APPLICATION TO ADD A PUBLIC RIGHTS OF WAY AT KIRKBARROW KENDAL IN THE PARISH OF KENDAL: DISTRICT OF SOUTH LAKELAND pdf icon PDF 730 KB

[Electoral Divisions: Kendal Highgate]

 

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 add a section of public footpath at the site of the former Cock & Dolphin public house to the County Council’s Definitive Map and statement.

 

The application was accompanied by 28 rights of way evidence forms from local people claiming they had regularly used the routes on a daily basis on foot for a period of years ranging from 5 to 64. It was considered that this evidence was adequate to allege that a public right of way on foot existed.

 

Initially the two known landowners agreed to dedicate the claimed route as a public footpath under Section 25 of the Highways Act 1980 and a resolution was sought from this Committee on 27 November 2013.

 

However, during the course of correspondence it transpired there was in fact a third landowner affected by this dedication and who had failed to answer any subsequent correspondence.  It was therefore decided to revert back to the Modification Order application and a second consultation was initiated in February 2018.

 

The Countryside Access Officer advised members that the statutory undertakers and prescribed organisations had been consulted and that no objections had been received.

.

The Local Ramblers Representative had pointed out that the present route contained a flight of steps that were recently installed by the developers of the nearby housing estate. As it appeared that the original claimed route did not contain any steps the County Council may have to pursue their replacement with a ramp but it was recognised that this would be a very difficult task.

  

No evidence had been produced to negate the claim that a public right of way on foot over this route was reasonably alleged to subsist, and therefore the recommendation was to approve the making of the Order.

 

The Local Member for Kendal Highgate said this issue had been ongoing for almost 7 years and needed to be resolved.  The Local Member for Kendal South supported this.

 

Members had some concerns with the lack of wheelchair access at the steps in this location, but accepted this may have to be pursued at a later date, should the County Council wish to do so. 

 

Mr N Cotton arrived at this point but did not vote.

 

One of the members asked whether the County Council had been consulted as a statutory consultee when the planning application for this was originally sought.  The Local Member said at the time of the original application this was not a recorded public right of way, so the local Planning Authority was not aware of it.

 

This was proposed and seconded and put to a vote, and with 16 for, 0 against and 1 abstention, it was

 

RESOLVED that,    

 

(1)       members authorise the Executive Director, Corporate, Customer & Community Services to make an order under section 53(3)(c)(i) of the Wildlife and Countryside Act 1981, the effect of which, if confirmed, would  ...  view the full minutes text for item 45.

46.

Reports on Applications for Planning Permission pdf icon PDF 83 KB

[Electoral Divisions: Various]

 

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

 

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.

 

 

46a

3/18/9001 - THE COAL AUTHORITY - ESTABLISHMENT OF A SCHEME FOR MINEWATER TREATMENT COMPRISING CONSTRUCTION OF AN INTERCEPTOR MANHOLE CHAMBER; PROVISION OF TRANSFER PIPES; ERECTION OF 2NO. BUILDINGS TO HOUSE, RESPECTIVELY, PUMPING AND ODOUR ABATEMENT EQUIPMENT; CREATION OF 3NO. COMPOST BASED TREATMENT PONDS AND 2NO. AEROBIC REEDBED PONDS; CONSTRUCTION OF OUTFALLS; CREATION OF ACCESS TRACKS AND HARDSTANDING AREAS; AND ASSOCIATED DEVELOPMENT. LAND BETWEEN BLAGILL AND NENTSBERRY, ALSTON, CUMBRIA. pdf icon PDF 3 MB

[Electoral Divisions: Alston and East Fellside]

 

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 an application for planning permission to construct a scheme for treating heavy metal contaminated water outfalling from the abandoned Nent Haggs Mine.  This would involve:-

 

     the construction of an interceptor manhole chamber in the highway;

     provision of a minewater transfer pipeline (mostly underground and mostly in-carriageway; but externally at Nenthall Bridge);

     the erection of 2 stone faced pitched roof buildings to house, respectively, pumping and odour abatement equipment;

     land re-profiling and engineering works to facilitate the creation of 3no. compost based treatment ponds and 2no. aerobic reedbed ponds;

     and other associated ancillary development including, but not limited to, the construction of outfalls, creation of access tracks and hardstanding areas.

 

The Planning Officer presented a number of slides of maps, plans, photographs and visualisations relating to the proposed location and scheme.

 

The Planning Officer advised members that all consultation responses and representations received were set out in Section 8 of the report, across pages 565-584. Objections to the proposal from members of the public had primarily focused upon concerns in respect of potential negative impacts on public health and concerns in respect of odour and had contested the need for, and benefits of, the development and the type of treatment process proposed. Other grounds for objection included perceived adverse Landscape and Visual Impact (LVI) and socio-economic impacts, adverse impacts on habitats and species, heritage assets; flood risk, traffic impacts and potential for disturbance of contaminated land.

 

The officer then drew members’ attention to the update sheet. A further letter of objection had been received since the report was issued but this does not raise any new issues.

 

The update also summarised issues/queries raised by a further letter received on Friday 17 August 2018 from Julie Ward MEP which voiced concerns of constituents. These include, in short, impacts of diversion of Nent Haggs Minewater outfall on water levels in the 3km stretch of River Nent between the adit outfall and treated minewater discharge point; mitigation to prevent damage to habitat and species and how the view that a biodiversity increase would result from the proposal had been reached; the Environment Agency (EA) classification of the site and the safe movement of and disposal of spent metal contaminated compost. The officer highlighted that these matters had been addressed in the update sheet.

 

With the exception of the matters concerning nature conservation, the issues raised were for other regulatory regimes.

 

The main planning issues were considered to be the need for the proposed scheme, the acceptability of development within the AONB, the proposed schemes landscape and visual impact, and potential for adverse impacts relating to human health, odour, ecology and heritage assets. These issues were addressed in detail within Section 11 of the report across pages 587-615.

 

The National Planning Policy Framework (NPPF) expected the planning system to contribute to and enhance the natural and local environment by halting declines in biodiversity and remediating contamination.  ...  view the full minutes text for item 46a

46b

5/18/9010 - CUMBRIA FIRE & RESCUE SERVICE, VARIATION OF CONDITION 1 OF PLANNING PERMISSION 5/17/9004 TO RETAIN THE TEMPORARY PORTACABIN BUILDING UNTIL 31 DECEMBER 2019 AT ULVERSTON FIRE STATION, THE ELLERS, ULVERSTON, LA12 0AB pdf icon PDF 274 KB

[Electoral Divisions: Ulverston West]

 

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 for planning permission to retain a flat-roofed single storey portacabin building currently sited on the Ulverston Fire Station site until 31 December 2019.

 

This application had come about as a result of further delays in the construction programme for the Furness Peninsula Blue Light Hub development in Ulverston on land to the south-west of the junction of Daltongate and the A590 which incorporated a new three-bay fire station.

 

The applicant reported that delays to the Furness Peninsula Blue Light Hub development in Ulverston had arisen due to a number of technical and commercial issues. The current construction programme forecasted completion by the end of February 2019, but the risk of further slippage beyond this date could not be discounted.

 

In light of this, and the time required for Cumbria Fire and Rescue Service to transfer to the new building once completed, the application seeks to retain the portacabin building at the current The Ellers fire station site up until 31 December 2019.

 

The key planning issue relevant to this proposal was whether the retention of this temporary portacabin building for a further period of time would be acceptable. Key considerations in respect of this were considered to be community safety, design, visual impact and flood risk considerations.

 

The officer said the applicant had demonstrated a justifiable need for the retention of the portacabin building for an additional period of time, and he was satisfied that it would only be required to be retained for a relatively short additional time period whilst construction of the Furness Peninsula Blue Light Hub was completed.

 

The officer was therefore recommending that that planning permission be granted subject to a condition.

 

This was proposed and seconded and with 18 for and 0 against, it was

 

RESOLVED that,     Planning Permission be GRANTED, subject to the condition set out in Appendix 1 to the report.

 

The meeting then broke at 12.30pm and reconvened at 12.35pm.

47.

Applications/Consultations Determined Under Delegated Powers pdf icon PDF 91 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 in accordance with the schemes of delegation.

Minutes:

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

48.

Applications/Consultations Proposed to be Determined Under Delegated Powers pdf icon PDF 82 KB

[Electoral Divisions: Various]

 

To consider a report from the Executive Director – Economy and Infrastructure (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 the list of applications/consultations proposed to be determined under delegated powers be noted.

49.

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

Members considered a report from the Executive Director – Economy and Infrastructure which listed applications to be considered at future meetings.

 

The Manager - Development Control and Countryside Management informed members that it was proposed to hold a site visit to Hespin Wood on 28 September.

  

The Manager also updated members on progress with the West Cumbria Mining application and members noted this was unlikely to come before the committee until early in 2019.  One of the members asked if a note could be sent to the members of Copeland Local Committee to notify them of this.  The Development Control Manager AGREED to action this.  

 

One of the members asked if there were any plans for a site visit to the restoration scheme at Newlands.  The Lead Officer – Development Control said he was not aware of any plans for a site visit in this location. 

 

RESOLVED,       that a site visit be held to Hespin Wood on 28 September 2018.

50.

PLANNING ENFORCEMENT RELATED MATTERS pdf icon PDF 66 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.

 

51.

Date and time of next meeting

The next meeting will be held on Friday 5 October 2018 at County Offices, Kendal at 10am

 

Minutes:

The next meeting will be held on 5 October 2018 at County Offices, Kendal at 10am.