Agenda and minutes

Development Control and Regulation Committee
Friday, 5th April, 2019 10.00 am

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

Contact: Nicola Harrison  Email: nicola.harrison@cumbria.gov.uk

Items
No. Item

131.

Apologies for Absence

To receive any apologies for absence.

Minutes:

Apologies for absence were received from Mr F Cassidy, Mr P Turner and Mr M Worth.

132.

Changes in Membership

To note any changes in membership.

Minutes:

It was noted that Mr K Hitchen replaced Mr P Turner as a member of the Committee for this meeting only.

 

133.

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:

Mr L Fisher declared a non-pecuniary interest in Agenda item 11a, Planning Application no 2/19/9001, Erection of a timber shelter to facilitate outdoors play during inclement weather and creation of new door opening as his grandson attends Kirkbampton Church of England School.

134.

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.

135.

Minutes pdf icon PDF 280 KB

To confirm as a correct record the Minutes of a meeting held on 19 March 2019 (to follow)

 

Minutes:

Correction to the minutes:

 

To be referred to as Mr R Bruce – Legal Advisor Freeths LLP throughout the Minutes.

 

Page 235, remove the word ‘other’ from third last paragraph.

 

Page 237, 6th paragraph, 6th line, insert ‘increases in’ after the word ‘keeping’.

 

Page 239, 3rd paragraph, 4th line, replace the word ‘said’ with ‘informed officers’

 

Page 239, 4th paragraph, penultimate sentence, replace the word ‘of’ with ‘on’

 

Page 244, 1st resolution replace ‘Regulatory’ with ‘Regulation’

 

A member queried the wording in the Resolution. She considered both parts in brackets to be for the benefit of the reader. The Legal Officer clarified that in making a resolution, the decision should be clear. The Manager Development Control & Countryside Management advised that the wording had been drafted by Freeths LLP but the point had been acknowledged.

 

RESOLVED that,     subject to the corrections above, the minutes of the meeting held on 19 March 2019 be agreed as a true record and signed by the Chair.

136.

CA10/31 & CA10/32 - APPLICATION TO CORRECT UNIT CL68 OF THE REGISTER OF COMMON LAND - BIRKBY FELL, MUNCASTER. pdf icon PDF 351 KB

To consider a report from the Acting Executive Director – Economy and Infrastructure.

Additional documents:

Minutes:

A report was considered from the Acting Executive Director – Economy and Infrastructure regarding CA10/31 & CA10/32 – Application to Correct Unit CL68 of the Register of Common Land – Birkby Fell, Muncaster.

 

The Commons Officer guided members through the application and showed a map showing the distribution of Common Rights following the 2012 application. The objections were explained and how a mistake had been attributed to the Commons Registration Authority. He recommended that the applications be accepted due to the mistake made when updating the commons register.

 

It was moved by Mr McGuckin and Seconded by Mr McEwan that the applications be accepted for the reasons set out in the report. Following a vote, cast as follows: 14 in favour, 0 Against and 0 Abstentions (Mr English did not vote as he was out of the room during part of the presentation to members), it was

 

RESOLVED that, the Committee accepts the applications for the reasons contained within the report and on the specific ground that Cumbria County Council as Commons Registration Authority made a mistake in 2012 when updating the commons register as a result of an application made under the Commons Registration Act 1965.

137.

CA13/2 - APPLICATION TO CORRECT MISTAKEN REGISTRATION; LAND AT CL448 BELLWATER MOSS AND CL450 COMMON MOSS. pdf icon PDF 263 KB

To consider a report from the Acting Executive Director – Economy and Infrastructure.

Additional documents:

Minutes:

A report was considered from the Acting Executive Director – Economy and Infrastructure regarding CA13/2 – Application to Correct Mistaken Registration; Land at CL448 Bellwater Moss and CL450 Common Moss. 

 

Members were guided through the application and a presentation showing photographs and a map of the site was provided. The Commons Registration Officer considered that there was insufficient evidence to prove that the land before provisional registration was not waste land of a manor therefore recommended that the application should be refused.

 

A number of members congratulated the Commons Registration Team on their continued excellent work based on historical fact, research and judgement in order to aid members make informed decisions.

 

It was moved by Mr McGuckin and seconded by Mr Bingham that the recommendation in the report be agreed. Following a vote, cast as follows: 14 in Favour, 0 Against and 1 Abstention (Mr Markley abstained as he had a farm in the vicinity), it was

 

RESOLVED that, the Committee refuses the application on the grounds that there is insufficient evidence to prove that the land in question immediately before its provisional registration was not waste land of a manor.

138.

HIGHWAYS ACT 1980 SECTION 119 - APPLICATION TO DIVERT PUBLIC FOOTPATH NO 362021 PARISH OF SKELTON: DISTRICT OF EDEN pdf icon PDF 677 KB

To consider a report from the Acting Executive Director – Economy and Infrastructure.

 

Minutes:

A report was considered from the Acting Executive Director – Economy and Infrastructure regarding Highways Act 1980 Section 119 – Application to divert public footpath no 362021 parish of Skelton: District of Eden.

 

In presenting the application, the Countryside Access Officer showed members a map showing the area and an overhead photograph of the property where the footpath was located. The current and proposed footpaths were highlighted. Members were informed that diversion costs would be paid for by the landowner, the new footpath would not be less convenient and no objections had been received during the consultation process.

 

It was moved by Mr Morgan and seconded by Mr Bingham that the recommendation in the report be agreed. Following a vote cast as follows, in Favour 15, Against 0, Abstain 0, it was

RESOLVED that,

1     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 362021 in the parish of Skelton shown A-B to a new route C-B as shown on the plan at Appendix A to the report

 

2     That all necessary actions be taken to confirm the order.

139.

HIGHWAYS ACT 1980 SECTION 119 - APPLICATION TO DIVERT PUBLIC FOOTPATH NO 539070 PARISH OF KIRKBY IRELETH: DISTRICT OF SOUTH LAKELAND pdf icon PDF 479 KB

To consider a report from the Acting Executive Director – Economy and Infrastructure.

 

Minutes:

A report from the Acting Executive Director was considered regarding Highways Act 1980 Section 119 – Application to divert public footpath no 539070 parish of Kirkby Ireleth: District of South Lakeland.

 

The Countryside Access Officer outlined the application, showing maps of the area and photographs of footpath erosion. He advised that no works were required, there had been no objections received from consultees, this was a modest change to the current path and passed the legal test for a footpath diversion.

 

In response to a member, the Countryside Access Officer advised that the Countryside Access Team was not under obligation to undertake flood protection work. He explained what could happen should the path be washed away in terms of it being a dead end path. In discussing the possibility that the river could take a different route over the next decade, the Countryside Access Officer advised that he would pass this comment to the officer undertaking the scheme. The legal position was set out for members when a path was washed away into a water course and the challenges that arose when a landowner did not want to move a fence in order for a path to remain open were highlighted.

 

A member questioned the responsibility of the River Authority to ensure that water courses remained debris free to ensure that erosion was kept to a minimum. This would ensure that people were not denied access to footpaths. The County Council’s protection of the Public Rights of Way network by working with organisations and landowners was supported.

 

It was moved by Mr Morgan and Seconded by Mr Wilson that the footpath be diverted and all necessary actions be undertaken to confirm the order. Following a vote cast as follows: in Favour 15, Against 0 and no abstentions, 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 539070 in the parish of Kirkby Ireleth shown A-B to a new route A-B as shown on the plan at Appendix A to the report;

2     That all necessary actions be taken to confirm the order.

140.

WILDLIFE & COUNTRYSIDE ACT 1981 - SECTION 53 APPLICATION TO ADD PUBLIC RIGHTS OF WAY AT CENTURIONS WALK TO HOUGHTON ROAD IN THE PARISH OF STANWIX RURAL: DISTRICT OF CARLISLE pdf icon PDF 3 MB

To consider a report from the Acting Executive Director – Economy and Infrastructure

Minutes:

The Countryside Access Officer reported that following consideration of a late submission of an objector’s statement with attachments containing further evidence, he was requesting that the Committee defer consideration of the report to a future meeting. This would allow officers time to fully evaluate the objector’s legal arguments and new evidence before determining what bearing it had on the recommendation to Committee.

 

It was moved by Mr McGuckin and seconded by Mr Fisher that the report be considered at a future meeting of the Committee. Agreement to defer the report to a future meeting of the Committee was decided by assent of the Committee.

 

RESOLVED that the Wildlife and Countryside Act 1981 - Section 53 application to add Public Rights of Way at Centurions Walk to Houghton Road in the parish of Stanwix Rural: district of Carlisle be considered at a future meeting of the Committee.

141.

Reports on Applications for Planning Permission pdf icon PDF 21 KB

[Electoral Divisions: Various]

 

To consider a report from the Acting Executive Director – Economy and Infrastructure

 

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.

 

 

141a

Application Reference No. 2/19/9001. Proposal: Erection of a timber shelter to facilitate outdoors play during inclement weather and creation of new door opening. Location: Kirkbampton C of E School, Kirkbampton, Near Carlisle, CA5 6HX pdf icon PDF 230 KB

Minutes:

Mr Fisher declared a non-pecuniary Interest in this item as his grandson attended the school.

 

A report was considered from the Acting Executive Director – Economy and Infrastructure regarding planning application reference No. 2/19/9001. Proposal: Erection of a timber shelter to facilitate outdoors play during inclement weather and creation of new door opening. Location: Kirkbampton Church of England School, Kirkbampton, Near Carlisle, CA5 6HX.

 

In her presentation to Committee, the Planning Officer guided members through the proposal, showed plans and photographs of the school, explained the construction and size of the proposed development, photographs of the site and the elevations of the proposal. She recommended that planning permission be granted, subject to the conditions set out in Appendix 1 of the report. The Planning Officer confirmed the site of the shelter following a member query.

 

It was moved by Mr McGuckin and Seconded by Mr English that planning permission be granted subject to the conditions in Appendix 1 of the report. Following a vote cast as follows: in Favour 14 and 1 abstention (Mr Fisher), it was

 

RESOLVED that planning permission be granted subject to conditions set out in Appendix 1 to the report.

141b

Application Reference No. 3/18/9006 Proposal: Change of use of stocking area for quarry to use for processing excavated mineral waste and processing inert waste to produce secondary aggregate and a replacement site cabin. Location: Stoneraise Quarry, Salkeld Road, Great Salkeld, Penrith, Cumbria, CA11 9NF pdf icon PDF 575 KB

Minutes:

A report was considered from the Acting Executive Director – Economy and Infrastructure regarding Application Reference No. 3/18/9006 Proposal: Change of use of stocking area for quarry to use for processing excavated mineral waste and processing inert waste to produce secondary aggregate and a replacement site cabin. Location: Stoneraise Quarry, Salkeld Road, Great Salkeld, Penrith, Cumbria, CA11 9NF.

 

In explaining the proposal, the Planning Officer showed a map of the area, aerial photographs of the quarry, the materials to be used, the cabin to be replaced, access to the site and a map showing the SSSI. She considered that the proposal complied with the relevant planning policies and recommended that planning permission be granted subject to the conditions in Appendix 1 of the report.

 

The Local Member supported the proposal, welcoming that waste would be removed from the site but expressed surprise at the Highways Authority’s comments as the U3060 was a relatively narrow road which had a lot of patch repairs and was used by a lot of heavy traffic. Following a member question, it was confirmed that planning permission remained with the landowner and not the operator.

 

It was moved by Mrs Carrick and seconded by Mr Fisher that planning permission be granted subject to the conditions in Appendix 1 of the report. Following a vote cast as follows: 15 in Favour, 0 against and 0 abstentions, it was

 

RESOLVED that planning permission be granted subject to the conditions as set out in Appendix 1 to the report.

142.

Applications/Consultations Proposed to be Determined Under Delegated Powers pdf icon PDF 108 KB

[Electoral Divisions: Various]

 

To consider a report from the Acting Executive Director – Economy and Infrastructure

 

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:

A report was considered from the Acting Executive Director – Economy and Infrastructure which presented planning applications proposed to be determined under delegated powers.

 

The Manager Development Control and Countryside Management advised on planning application 5/19/9004, Kendal Wastewater Treatment Works. He advised that the planning application may be determined by the Committee at a future meeting due to the interest in the application. The organisation ‘Fish Legal’ considered that current outfall was affecting the site. United Utilities were applying for planning permission with an additional Habitat Regulation Assessment. The local member would be kept up to date on this application.

 

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

143.

Applications/Consultations Determined Under Delegated Powers pdf icon PDF 101 KB

[Electoral Divisions: Various]

 

To consider a report from the Acting Executive Director – Economy and Infrastructure

 

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 determined under delegated powers be noted.

144.

Applications to be Considered at Future Meetings pdf icon PDF 25 KB

[Electoral Divisions: Various]

 

To consider a report from the Acting Executive Director – Economy and Infrastructure

 

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 reported on planning application 5/19/9003 at County Hall, Kendal. South Lakeland Local Committee members who were also members of the Development Control and Regulation Committee were advised that as the Traffic Regulation Order had been agreed at a South Lakeland Local Committee meeting, the legal advice was that those members who took part in that debate preclude themselves from the debate on the planning application.

 

Members noted that trained Committee substitute members could attend the meeting at which the planning application would be determined. A short discussion took place on those South Lakeland Local Committee members obtaining a dispensation in order to be able to determine the planning application. The Legal Officer advised that this request would have to go through a dispensation procedure and it was not clear at this time how long this would take.

 

145.

PLANNING ENFORCEMENT RELATED MATTERS pdf icon PDF 159 KB

[Electoral Divisions: Various]

 

To consider a report from the Acting Executive Director – Economy and Infrastructure

Minutes:

There were no planning enforcement matters to consider on this occasion.

146.

Date and time of next meeting

The next meeting will be held on 23 May 2019 at 10.00am at County Offices, Kendal

Minutes:

The next meeting of the Committee would be held on 23 May 2019 at 10.00am at County Offices, Kendal.

 

The Manager Development Control and Countryside Management gave an update on the West Cumbria Mining planning application 4/17/9007 at land off Mirehouse Road, Pow Beck Valley, South of Whitehaven that had been considered at the meeting of the Committee held on 19 March 2019.

 

He thanked members for their diligence in making the decision. An application had been made to the Secretary of State to call in the decision therefore no decision notice had been published. Notification had not yet been received as to whether the decision would be called in. He outlined the criteria for a Public Inquiry. Members would be updated when further information was available.

 

A short discussion took place on who had requested the decision to be called in. It was raised that a number of members had received an email about the decision being called in using the County Council’s Overview and Scrutiny Rules. The Manager Development Control and Countryside Management advised that this was not the correct mechanism to call in the decision and would prepare a response for members to circulate to the members of the public who had suggested this to members.