Agenda and draft minutes

Development Control and Regulation Committee
Wednesday, 22nd January, 2020 10.00 am

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

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

Items
No. Item

98.

Apologies for Absence

To receive any apologies for absence.

Minutes:

Apologies for absence were received from Mr W McEwan and Mr M Worth

99.

Changes in Membership

To note any changes in membership.

Minutes:

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

100.

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:

Agenda Item 8 Wildlife and Countryside Act 1981- Section 53 Application to add a public right of way at Brampton in the parish of Long Marton: district of Eden:

 

Mr D English declared that he had used the lane for forty years.

 

Agenda Item 15 – Forward Plan:

 

Mr F Cassidy declared his involvement in the Commons Registration CA9/4 Application to register as a town or village green, Land at the Celtic, Walney Island. He stated that he had been involved in the application and therefore would preclude himself from determining the application when it was considered by the Committee on the grounds of bias and predetermination.

101.

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.

102.

Minutes pdf icon PDF 94 KB

To confirm as a correct record the Minutes of a meeting held on 4 December 2019.

 

Minutes:

Minute 90 Highways Act 1980 Section 119 – Application to divert a section of public footpath no 570030 in the parish of Skelsmergh, district of South Lakeland:

 

2nd paragraph, 2nd line, add in ‘lane’ after ‘Bridge’.

2nd paragraph, 5th line, replace ‘for’ with ‘from’.

 

RESOLVED       that, subject to the corrections above, the minutes of the meeting held on 4 December 2019 be confirmed as a correct record and signed by the Chairman.

103.

HIGHWAYS ACT 1980 SECTION 119 - APPLICATION TO DIVERT PUBLIC FOOTPATH NO 331015 PARISH OF HUNSONBY: DISTRICT OF EDEN pdf icon PDF 4 MB

[Electoral Division: Alston and East Fellside]

 

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

 

Minutes:

A report was considered from the Executive Director – Economy and Infrastructure regarding the Highways Act 1980 Section 119 – Application to divert public footpath no 331015, parish of Hunsonby: district of Eden. The report advised that it was proposed to divert a section of public footpath no 331015 at Long Meg Mine in the parish of Hunsonby, District of Eden. This diversion could be done under Sections 119 of the Highways Act 1980. Consultations had taken place so as to assist  members to reach a decision as to whether or not a diversion order should be made. The plan at Appendix A of the report showed the proposal and a location plan was included at Appendix B of the report.

The Countryside Access Officer presented a plan of the proposed order and showed photographs showing the route from various viewpoints. A map of the diversion was shown and it was reported that no objections had been received. The Countryside Access Officer advised that it had been confirmed that the route would be incorporated into the Fell Foot funding project. As all of the legal tests had been passed, the officer asked the Committee to make the order.

Mr Wilson moved the recommendation as set out in the report. This was seconded by Mr English. Following a vote in favour of the motion cast as follows, 17 members in favour, 0 against and 0 abstaining, it was

RESOLVED 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 331015 in the parish of Hunsonby shown A-B to a new route A-C-D-E-B on the plan at Appendix A of the report and that all necessary actions be taken to confirm the order.

104.

Highways Act 1980 Section 25 - Creation of a public footpath in the parish of Alston Moor - District of Eden pdf icon PDF 4 MB

[Electoral Division: Alston and East Fellside]

 

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

Minutes:

A report was considered from the Executive Director – Economy and Infrastructureregarding the Highways Act 1980 Section 25 - Creation of a public footpath in the parish of Alston Moor - District of Eden. The reportadvised that the County Council had been approached to enter into an Agreement with the landowner to dedicate a section of public footpath at Ashgill in the parish of Alston Moor District of Eden.This could be done under Sections 25 of the Highways Act 1980. Consultations had taken place so as to assist members to reach a decision. The plan at Appendix A of the report showed the proposal and a location plan was included at Appendix B of the report.

The Countryside Access Officer presented a map of the area and photographs showing the route in its current condition and the stile to be replaced. He advised that no objections had been received.

A member expressed her desire for the stone stile to be retained in addition to the proposed gate. The Countryside Access Officer outlined the work required to replace the stile and the reasons for its replacement. He undertook to advise colleagues of the member’s request but commented on the need for another right of way should this be pursued. He confirmed that the stile was not historical.

The recommendation, as set out in the report, was moved by Mr Cotton and seconded by Mrs Gray. Following a vote, cast as follows, 17 members in favour, 0 against, 0 abstentions, it was 

RESOLVED that, pursuant to the power set out at Part 2G paragraph 2.1(g) (i) of the Council’s Constitution, the County Council enter into an Agreement under Section 25 of the Highways Act 1980 with the landowner to create a public footpath in the parish of Alston Moor shown A-B-C-D-E-F-G on the plan at Appendix A of the report.

105.

WILDLIFE & COUNTRYSIDE ACT 1981 - SECTION 53 APPLICATION TO ADD A PUBLIC RIGHT OF WAY AT BRAMPTON IN THE PARISH OF LONG MARTON: DISTRICT OF EDEN pdf icon PDF 3 MB

[Electoral Division: Appleby]

 

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

Minutes:

A report was considered from the Executive Director – Economy and Infrastructure regarding the Wildlife and Countryside Act 1981 – Section 53 Application to add a public right of way at Brampton in the parish of Long Marton: district of Eden. The report advised that an application had been received to add a section of public bridleway adjacent to Midtown Farm, Brampton in the Parish of Long Marton to the County Council’s Definitive Map and Statement of Public Rights of Way.  The plan at Appendix A of the report showed the path to be added and a location plan was also attached at Appendix C of the report. The purpose of the report was to present Members with the evidence regarding the use of the route, and for a decision to be made whether to proceed with the next stage of the process by making a legal order.

The Countryside Access Officer presented the background to the application and a plan showing the route. He showed an overhead image of the area. Members were shown other rights of way in the area and the public bridleway to be added. He reported on the 32 rights of way evidence forms that had accompanied the application.

A member referred to the lack of evidence of bicycles using the route and talked about the status of the route. The Countryside Access Officer advised on recent legislation used to determine the status of a route. It was raised by a member that the footpath appeared to go around the outside of the farmyard. The Countryside Access Officer agreed that the path historically went around the farm and not through the yard but that recent development and removal of a wall had caused the path to now be included within the curtilage of the development.

Following a member question on who would maintain the surface of the public bridleway, the Countryside Access Officer stated that surface maintenance would be undertaken by Cumbria County Council and to a standard equivalent to the condition of the route when the application was made.

The position of the present day gates were identified for the Committee and clarification was provided that the site had previously been a working farm but was now a housing development site into which the claimed path had been merged. Clarification was also provided by the Countryside Access Officer that evidence of use was ‘implied’ from the landowner for two users whilst the majority of other users had not been given permission.

The people indicated below had attended the meeting to speak, or asked a representative to speak on their behalf, under the Public Participation Scheme. 

1       Councillor A Connell – Local Member

 

(Read out by the Manager Development Control and Countryside Management)

 

I wrote about this to relevant Council officers in November 2018.  It was clear that there was a general local demand to add a public right of way because the status of the existing route was ambiguous and a landowner had been  ...  view the full minutes text for item 105.

106.

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 3 MB

[Electoral Division: Grange]

 

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

Additional documents:

Minutes:

A report was considered from the Executive Director – Economy and Infrastructure regarding the Highways Act 1980 Section 119A – Application to divert unrecorded public footpath at Bayley/Bailey Lane, Grange Over Sands in the district of South Lakeland. The report advised that on the 13th August 2019 the Committee had approved the making of the order under Sections 119A of the Highways Act 1980 to divert the unrecorded public footpath that passes over the railway at Bayley/Bailey Lane, Grange Over Sands to an alternative route that incorporated the nearby railway underpass. Substantive objections had been received to the advertised order and the County Council needed to consider how to proceed with the matter. A copy of the order plan was shown at Appendix A of the report and photographs of the location were included at Appendix B of the report.

In presenting the background to the making of the Order and subsequent objections following its advertisement, the Countryside Access Officer drew members’ attention to the made order plan and photographs of the location.

The Countryside Access Officer explained that new evidence had been received (which was presented to the Committee) and the objections were arguable. He commented on the complexity of the case and the conflicting evidence which he had considered carefully. He added that as it was a finely balanced matter, it would be beneficial for all the evidence to be tested by way of a Public Inquiry. He advised on the cost implications of this and on the opportunity for the applicant to be heard by the Planning Inspectorate.

He presented a number of options for the Committee to consider on how to proceed in the case. He recommended that members approve submitting the Order to the Secretary of State for resolution and inform the Planning Inspectorate that from now on the County Council would be taking a neutral stance.

A member noted that if it was to be considered by the Secretary of State then the decision of the Committee may have little impact. He queried what would happen if the legal order was abandoned. The Countryside Access Officer advised that the crossing would have to be reopened and the legal diversion would not take place. The member then asked if this could be challenged and be referred to a Public Inquiryand could the landowner seek to make the order. The Countryside Access Officer was unsure of procedure at this point. He explained that this was a Section 119A order, specific to rail crossings and explained that there were significant differences in the legal tests and requirements between this and a Section 119 order that the Committee more frequently considered.

A member queried if the County Council took no further action and abandoned the legal order and the footpath was reopened, whether the County Council could insist that safety measures were imposed given the accidents that had taken place. The Countryside Access Officer advised that as the Highways Authority, the County Council could not  ...  view the full minutes text for item 106.

107.

Safety at Sports Grounds pdf icon PDF 96 KB

[Electoral Division: Workington]

 

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

 

Minutes:

A report was considered from the Executive Director – Economy and Infrastructure regarding Safety at Sports Grounds. The report informed the Committee that a supplemental note amending an engineer’s structural report was received the day before a second case management hearing was held at Workington Magistrates’ Court on 17 December 2019.  The Safety Advisory Group (SAG) had met to discuss this on 3 January 2020 and decided to recommend that this note did not substantially alter the initial conclusion.   The SAG therefore maintained its position that the capacities of the stands at Borough Park remain at zero.

 

This item was noted with no discussion.

 

RESOLVED that, the report and action taken be noted

108.

Application Reference Nos. 5/19/9012, 5/19/9013 & 5/19/9014. Proposals: To Remove Operational Hours Restrictions on the site Ref. 5/19/9012: Section 73 Application to Remove Conditions 9 and 10 of Planning Permission Ref. 5/16/9014 so as to remove restrictions on the operational hours of the site (Main Site) Ref. 5/19/9013: Section 73 Application to Remove Conditions 2 and 3 of Planning Permission Ref. 5/16/9015 so as to remove restrictions on the operational hours of the site access Ref. 5/19/9013: Section 73 Application to Remove Conditions 4 and 5 of Planning Permission Ref. 5/16/9016 so as to remove restrictions on the operational hours of the wash plant. Location: Roan Edge Inert Landfill, Waste Recycling Facility and Quarry, New Hutton, Killington, Kendal, LA8 0AP pdf icon PDF 512 KB

[Electoral Division: Upper Kent]

 

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

Minutes:

A report was considered from the Executive Director – Economy and Infrastructure regarding planning application reference nos. 5/19/9012, 5/19/9013 and 5/19/9014 atRoan Edge Inert Landfill, Waste Recycling Facility and Quarry, New Hutton, Killington, Kendal, LA8 0AP. The proposals were as follows:

Proposals: To Remove Operational Hours Restrictions on the site

Ref. 5/19/9012: Section 73 Application to Remove Conditions 9 and 10 of Planning Permission Ref. 5/16/9014 so as to remove restrictions on the operational hours of the site (Main Site)

Ref. 5/19/9013: Section 73 Application to Remove Conditions 2 and 3 of Planning Permission Ref. 5/16/9015 so as to remove restrictions on the operational hours of the site access

Ref. 5/19/9013: Section 73 Application to Remove Conditions 4 and 5 of Planning Permission Ref. 5/16/9016 so as to remove restrictions on the operational hours of the wash plant

The Planning Officer guided members through the applications and presented plans showing the site’s proximity to the M6 and the Yorkshire Dales National Park boundary. Plans were shown of the different application areas and these were described in detail. Photographs showing the sites in different years were presented. The issues at the site were presented in detail, this included the height of the stockpiles, however it was noted that this was not relevant to the application. The Planning Officer considered the times of operation to be acceptable and advised that there had been no complaints during the trial period. He considered the temporary time period for night time operation of the wash plant to be acceptable. He recommended that planning permission be granted subject to the conditions in the appendices to the report.

A member familiar with the area referred to the objections of New Hutton Parish Council, in particular the reduction in volume of water in the tributary beck and its concern that it may be caused by the quarry. The member queried if anyone was establishing whether there was a link between the reduction in the volume of water and the quarry and/or the recycling site. The Planning Officer explained that the Environment Agency were investigating and that their findings would be fed back to the Parish Council when the information was received.

Another member, also familiar with the site commented on its proximity to the M6 which could reduce pollution on local roads. He considered the recycling facility and quarry to be useful, did not harm anyone and was good for local industry and the economy.

The recommendation as set out in the report was moved by Mr McGuckin and seconded by Mr Markley. Following a vote, cast as follows, 17 members in favour, 0 against and 0 abstentions, it was

RESOLVED that,

a)    Planning permission is granted for planning application ref. 5/19/9012 subject to conditions set out in Appendix 1 to this report so as to allow night-time working for specified operations for up to30 days per year.

b)    Planning permission is granted for planning application ref. 5/19/9013 subject to conditions set  ...  view the full minutes text for item 108.

109.

Application Reference No. 5/19/9017. Proposal: Section 73 application to vary Condition 1 of planning permission 5/18/9010 so as to retain a portacabin up to 31 January 2021. Location: Ulverston Fire Station, The Ellers, Ulverston, LA12 0AB pdf icon PDF 287 KB

[Electoral Division: Ulverston East]

 

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

 

Minutes:

A report was considered from the Executive Director – Economy and Infrastructure regarding application reference No. 5/19/9017. Proposal: Section 73 application to vary Condition 1 of planning permission 5/18/9010 so as to retain a portacabin up to 31 January 2021 at Ulverston Fire Station, The Ellers, Ulverston, LA12 0AB.

 

The Planning Officer presented a map showing the location of the application as well as a site plan, aerial photographs and a photograph of the portacabin. He explained the site planning history and the planning assessment and recommended to members that planning permission be granted subject to conditions set out in Appendix 1 to the report.

 

A member highlighted that no response had been received from Ulverston Town and South Lakeland District Councils. He thought they had not seen the application therefore were unable to comment. The Planning Officer advised that both had been consulted and that he understood that Ulverston Town Council were due to discuss it at the meeting held on 20 January but no response had been received following this.

 

It was moved by Mr Markley and seconded by Mr Wilson that planning permission be granted subject to the condition set out in Appendix 1 to the report. Following a vote cast as follows, 17 members in favour, 0 against and 0 abstentions, it was

 

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

110.

Applications Determined Under Delegated Powers pdf icon PDF 105 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 report be noted

111.

Applications Proposed to be Determined Under Delegated Powers pdf icon PDF 106 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 report be noted

112.

forward plan pdf icon PDF 75 KB

[Electoral Divisions: Various]

 

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

 

To note the Committee’s Forward Plan.

Minutes:

The Forward Plan for the Committee was considered.

 

The Manager Development Control and Countryside Management reported on the invitation for a site visit to Sellafield on 4 February 2020 in order to get a general overview of the site and to understand the planning proposals (though not specific as yet) for the next five years. Further details would be circulated by the Senior Democratic Services Officer.

 

The Manager Development Control and Countryside Management talked about a potential site visit and briefing on the Carlisle Southern Link Road planning application possibly in February 2020

 

Mr F Cassidy stated that  in the past year he had worked with residents on the Commons Registration application for CA9/4 Application to register land as a town or village green, Land at the Celtic, Walney Island.  He requested a site visit as the application was significant for a lot of residents in the area.

 

A short discussion took place on the application to add a path at Centurion’s Walk, Carlisle and whether the route had been determined. The Manager Development Control and Countryside Management undertook to ascertain whether it had been confirmed and identify whether a site visit could be undertaken on the same day as the Carlisle Southern Link Road briefing, in Carlisle.

 

A member suggested that in addition to a site visit to Sellafield, that an additional visit be made to the LLWR at Drigg. The Manager Development Control and Countryside Management would ascertain if there were any planning proposals due to be considered by the Committee in the near future and arrange a site visit if appropriate.

 

RESOLVED  that,

 

1           A site visit be held in March 2020 to Land at The Celtic, Walney Island

2           The Manager Development Control and Countryside Management to ascertain whether the route at Centurion’s Walk, Carlisle had been confirmed and then identify whether a site visit could be undertaken on the same day as the Carlisle Southern Link Road briefing, in Carlisle.

3           Details to be circulated by the Senior Democratic Services Officer on the site visit to Sellafield on 4 February 2020.

 

 

113.

Date and time of next meeting

The next meeting will be held on 4 March 2020 at 10.00am at County Offices, Kendal.

Minutes:

The next meeting of the Committee would be held on 4 March 2020 at 10.00am at County Offices, Kendal