Agenda and minutes

Development Control and Regulation Committee
Wednesday, 18th September, 2019 10.00 am

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

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

Items
No. Item

53.

Apologies for Absence

To receive any apologies for absence.

Minutes:

Apologies for absence were received from Mr R Bingham, Mr G Cook, Mr N Cotton, Mr J Holliday and Mr D Wilson.

54.

Changes in Membership

To note any changes in membership.

 

Mr D Gawne will replace Mrs H Carrick as a member of the Committee for this meeting only.

Minutes:

It was noted that Mr Gawne had replaced Mr Wilson as a member of the Committee for this meeting only.

55.

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 at the meeting.

56.

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 not be excluded during consideration of any items of business.

57.

Minutes pdf icon PDF 113 KB

To confirm as a correct record the Minutes of a meeting held on 13 August  2019.

 

Minutes:

Corrections:

 

Page 11, Minute 44, 1st paragraph, replace ‘to divert a section of public footpath no 126016 in the Parish of Nicholforest’ with ‘to divert unrecorded public footpath at Bayley/Bailey Lane Grange Over Sands: District of South Lakeland’

 

Page 12, Minute 44, 1st paragraph be replaced by the following: ‘It was moved by Mr Markley and seconded by Mr Bowness that an order be made as set out in the report to divert the pedestrian level crossing in Grange over Sands to a new route through the underpass. Following a unanimous vote in favour of the motion, it was’

 

Page 12, Minute 45, last paragraph, 4th line from bottom, insert ‘further’ between

‘a’ and ‘trial’.

 

Page 15, Minute 50, replace ‘Parish’ with ‘Town’.

 

RESOLVED       that, subject to corrections, the minutes of the meeting held on 13 August 2019 be confirmed as a correct record and signed by the Chairman.

58.

CA13/25 - APPLICATION TO CORRECT MISTAKEN REGISTRATION; CL101 LAND FORMING PART OF TORVER BACK COMMON pdf icon PDF 149 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 CA13/25 – application to correct mistaken registration; CL101, land forming part of Torver Back Common. An application had been received from Edna Wilson to correct a mistaken registration in common land register unit CL101, land forming part of Torver Back Common. The purpose of the report was to request Members to make a decision as to whether the application should be granted and a correction made to the Council’s register of common land.

The Commons Registration Officer presented maps of the area and guided members through the application, adding that she recommended that the application be accepted.

It was moved by Mr McEwan and seconded by Mr Hamilton that the Committee accept the application and amend the common land register, for the reasons set out in the report. Following a vote, with 13 in favour of the motion, 0 against and with Mrs Gray abstaining as she was not in the room during consideration of the application, it was

RESOLVED that, the Committee accepts the application and amends the common land register on the grounds that the land in question immediately before its provisional registration was not land subject to rights of common, waste land of a manor, a town or village green or land of a specified in Section 11 of the Inclosure Act 1845.

59.

CA13/26 - APPLICATION TO CORRECT MISTAKEN REGISTRATION; CL495 KITCHIN'S GROUND, THE HILL, MILLOM pdf icon PDF 145 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  CA13/26 – Application to correct mistaken registration; CL495 Kitchin’s Ground, The Hill, Millom.  An application had been received from Jaqueline Sayer to correct a mistaken registration in commons register unit CL495 Kitchin’s Ground. The report requested that members make a decision as to whether the application should be granted and a correction be made to the Council’s register of common land.

 

The Commons Officer presented maps and photographs of the area and guided members through the application. After considering the evidence, the Commons Officer considered that on the balance of probabilities, the evidence supported the Applicants claim that the land had been within the curtilage of a building on the date of provisional registration and that it had been wrongly registered as common land. She recommended that the application be accepted and register of common land be amended.

 

Mr Graham Kilburn attended the meeting under the Public Participation Scheme and made the following points:

 

·         He explained the definition of ‘curtilage’, which he advised was included in the report before members at 4.13.

·         He explained the three attributes identified by a Planning Inspectorate decision which identified that for land to be defined as curtilage it must be immediately surrounding the building, clearly defined as garden, driveway, lawn and garage and be intimately associated with the building.

·         He referred to the term ‘intimately associated with the building’ stating that the land was close to the property

·         The land in question was triangular and cut into the hillside

·         The Applicant had referred to a patio in their statement which was near to the farthest point of the Application Land from the house.

·         It took 35 seconds to walk from the door to the patio area.

·         He drew members’ attention to the photographs of the ‘common land’ included in the application which were taken from the back door of the property ‘The Ridding’

·         He asked members to consider whether the land and building were intimately associated and whether the land was used in the daily activities of domestic life.

 

It was moved by Mr Worth and seconded by Mr Fisher that the Committee accept the application and amend the register of common land on the grounds set out in the report. Following a unanimous vote in favour of the motion, 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.

60.

HIGHWAYS ACT 1980 SECTION 118 - APPLICATION TO EXTINGUISH A SECTION OF PUBLIC FOOTPATH NO 138005 IN THE PARISH OF WETHERAL: DISTRICT OF CARLISLE pdf icon PDF 4 MB

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 the Highways Act 1980 Section 118 - Application to extinguish a section of public footpath no 138005 in the parish of Wetheral: district of Carlisle. The report advised that an application had been received to extinguish a short section of public footpath no 138005 at Warwick Bridge in the parish of Wetheral, district of Carlisle.

 

The Countryside Access Officer presented overhead photographs of the footpath showing the new alignment and the six metres that were affected. All costs would be paid for by the Applicant. He recommended that the order, as set out in the report be made and all necessary action be taken to confirm the order.

 

It was moved by Mr Fisher and seconded by Mr Hamilton that an order be made under Section 118 of the Highways Act 1980 to extinguish that section of public footpath no 138005 in the parish of Wetheral shown A-B on the plan at Appendix A to the report and that all necessary action be taken to confirm the order.

 

Following a unanimous vote in favour of the motion, it was

RESOLVED that, pursuant to the power set out at Part 2G paragraph 2.1(g)(ii) of the Council’s Constitution, an order be made under Section 118 of the Highways Act 1980 to extinguish that section of public footpath no 138005 in the parish of Wetheral shown A-B on the plan at Appendix A to the report and that all necessary action be taken to confirm the order.

61.

WILDLIFE & COUNTRYSIDE ACT 1981 - SECTION 53 APPLICATION TO ADD A SECTION OF PUBLIC BRIDLEWAY IN THE PARISH OF WESTWARD DISTRICT OF ALLERDALE pdf icon PDF 6 MB

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 the Wildlife and Countryside Act 1981 – Section 53, application to add a section of public bridleway in the Parish of Westward, district of Allerdale. Members were informed that an application had been received to add a section of the public bridleway at Lower Green Quarries in the parish of Westward. The purpose of the report was to present Members with the evidence regarding the route, and for a decision to be made on whether to proceed with the next stage of the process by making a legal order.

The Countryside Access Officer presented a map of the area and explained the background to the application. The Applicant had indicated that they no longer wished to support the application, however there was no mechanism by which an application made under Section 53 (5) of the Wildlife and Countryside Act 1981 could be officially withdrawn by the applicant as the Council had to consider evidence submitted and reach a determination upon it under its free standing duty as the surveying authority. He advised that the evidence produced had proved inconclusive and reported that the applicant had failed to produce sufficient evidence of both footpath or bridleway rights, therefore the application should be rejected.

It was moved by Mr McEwan and seconded by Mr Markley that the application be rejected. Following a unanimous vote in favour of the motion, it was

RESOLVED  that, the application to add a section of bridleway at Lower Green Quarries in the parish of Westward be rejected.

62.

Application Reference No. 5/19/9009. Proposal: Change of use from residential dwelling house to Local Authority Children's Home. Location: 1 Oak Tree Road, Kendal, Cumbria, LA9 6AN pdf icon PDF 286 KB

Minutes:

A report was considered from the Acting Executive Director - Economy and Infrastructure regardingplanning Application Reference No. 5/19/9009, Proposal: Change of use from residential dwelling house to Local Authority Children's Home, Location: 1 Oak Tree Road, Kendal, Cumbria, LA9 6AN.

The Lead Officer - Development Control drew members’ attention to the Update Sheet. Further consultation had taken place with the Applicant and clarification had been received on parking areas and proposals for the management of surface water drainage. On the basis of that clarification, the Lead Officer recommended to members that proposed Condition 3, which required details of measures to be taken away by the applicant to prevent surface water being discharged on to the highway, would no longer be required. Members were informed of the Crime Prevention Officer’s response to the consultation. This had been reviewed by the Lead Officer - Development Control who considered that no changes were required.

Members were presented with the background to the application, this included a location plan, detailed photographs of the area, views from the main road and the property including the boundary wall and access to the driveway. Details were provided on the wall and patio which would be removed to allow increased parking space. Floor plans were shown and information about the number of residents were reported. The planning issues were identified, such as potential parking challenges and the impacts of the new Home were highlighted. The Lead Officer - Development Control considered that parking provision was adequate on site and there would not be any significant impact following the change of use of the building. He did not consider that ‘no waiting’ restrictions were warranted given the scale of the property.

Following a member query about how many rooms would have full disabled access, the Lead Officer - Development Control commented that the building would be assessed to ensure it was compliant with disability regulations when the building was brought into use.

A member raised his concerns about a lack of car parking space and space for cars to turn. He considered that due to a lack of space, there could be overspill parking on the road which would block it. How external bins would be collected and whether refuse lorries would need access to the car park was queried. The Lead Officer - Development Control considered that refuse would not significantly increase therefore collection would likely carry on as at present. He reiterated that there was sufficient room to turn and park which in planning terms, was therefore acceptable. Using his experience of parking issues at another Children’s Home the member thought that the car parking issue should be revisited.

A member queried the age of residents in the Children’s Home and whether 24 hour assistance would be required for residents and reported that the Town and District Council had raised concerns about parking and queried whether double yellow lines could be painted on the road in the vicinity of the Home. The Lead Officer - Development  ...  view the full minutes text for item 62.

63.

Applications Determined Under Delegated Powers pdf icon PDF 96 KB

[Electoral Divisions: Various]

 

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

 

To note that these are applications that have recently been determined by the Acting 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.

64.

Applications 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:

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

65.

forward plan pdf icon PDF 87 KB

[Electoral Divisions: Various]

 

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

 

To note the Committee’s Forward Plan.

Minutes:

A member stated that the Annual Safety of Sports Grounds report should be considered at the next meeting of the Committee to be held on 31 October 2019.

 

RESOLVED that, the Forward Plan be noted

66.

Date and time of next meeting

The next meeting will be held on 31 October 2019 at 10.00am at County Offices, Kendal.

Minutes:

The next meeting of the Committee would be held on 31 October 2019 at 10.00am at County Offices, Kendal.