To receive any apologies for absence.

Aplologies for absence were received from Mr W Bleasldale, Mr N Clarkson, Mr J Holliday and Mrs V Tarbitt.

To note any changes in membership.

Mrs S Brown and Mr N Marriner replaced Mr N Clarkson and Mr W Bleasdale respectively as members of the Committee for this meeting only.

To disclose any personal and prejudicial interests relating to any item on the agenda.

NB   The following is a summary of what constitutes a personal interest and a personal and prejudicial interest.  Please seek advice or refer to the Code of Conduct (paragraph 8) for full definitions.

Personal Interests

You have a personal interest if the issue being discussed in the meeting affects the well-being or finances of you, your family or your close associates more than most other people who live in the Electoral Division affected by the issue.

Personal interests are also things that relate to an interest you must register.

N.B. If the personal interest arises because of your membership of another public body, you only need to declare it if you intend to speak.

A personal interest should be declared as follows:

I have a personal interest in agenda item […] regarding the report on […] because I am […].

Personal and Prejudicial Interests

If you have a personal interest in a matter you will also have a prejudicial interest in that matter if the interest is one which a member of the public, with knowledge of the relevant facts, would reasonably regard as so significant that it is likely to prejudice your judgement of the public interest.  If you have a personal and prejudicial interest you must withdraw from the meeting room for that item, unless you are there to make representations and the public have the same opportunity to do so

NB You only have a prejudicial interest if the matter

• affects your financial position or that of your family, close associate, employer etc or it
• relates to a regulatory matter

A personal and prejudicial interest should be declared as follows:

I have a personal and prejudicial interest in agenda item […] regarding the report on […] because I am […].

Advice on this can be sought from staff in Legal and Democratic Services.  Members are requested to seek advice, wherever possible, before the meeting starts.

Mrs S Brown declared a personal interest in Agenda Item No. 9(a) Planning Application No. 4/10/9001 as Chair of the Low Level Waste Repository site Stakeholder Group.

To consider whether the press and public should be excluded from the meeting during consideration of any item on the agenda.

RESOLVED,       that the press and public be not excluded from the meeting during consideration of any items of business.

To confirm as a correct record the Minutes of a meeting held on 28 March 2012 (copy enclosed).

Minute No. 113 referred to the Regional Spatial Strategy having been revoked but this had not yet happened.

RESOLVED,       that the minutes of the meeting held on 28 March 2012 be confirmed as a correct record and signed by the Chairman.

The County Council propose to divert a section of public footpath no 346005 in the parish of Milburn for the benefit of the public.

RESOLVED,       that the Senior Manager – Legal Practice be authorised to make a Diversion Order under Section 119 of the Highways Act 1980 to divert that section of public footpath no 346005 in the parish of Milburn shown A-B-C as shown on the plan at Appendix A and to take all the necessary action to confirm the order.

An application has been received from the landowner to divert sections of public bridleway no 359073 and 359081 in the parish of Ravenstonedale.

RESOLVED,       that the Senior Manager – Legal Practice be authorised to make a Diversion Order under Section 119 of the Highways Act 1980 to divert that section of:

(i)                 public bridleway no 359073 in the parish of Ravenstonedale shown A-F to a new route shown A-B-C-D-E-F; and

(ii)               public bridleway no 359081 in the parish of Ravenstonedale shown G-H to a new route G-F as shown on the plan at Appendix A and to take all necessary action to confirm the order.

Permission was refused in May 2011 for Improvement to agricultural land and new land drainage at Low Row Barn, Low Row, Lupton, Cumbria.  The applicant appealed under Section 78 of the Town and Country Planning Act 1990 and this report gives the Inspectors decision.

RESOLVED,       that the report be noted.

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.

The Senior Planning Officer presented the report and stated that the Nuclear Decommissioning Authority (NDA) wanted all nuclear sites, where possible, to keep low level waste (LLW) and very low level waste (VLLW) on their own sites.  The application before members was contrary to those objectives and sequential preferable options.  There was no need for a further LLW disposal facility in Cumbria or elsewhere in the UK until at least 2030.  Potentially, waste could be brought onto the site from further afield but it would not be possible to put conditions on that.  The only means of getting to the site was by road as there were no rail links (unlike Sellafield) and would generate unnecessary road miles.  There would be a direct loss of Priority Habitat within the Sandbeds Meadows County Wildlife Site and no proposal had been put forward to mitigate that loss.  The impact on the landscape character and visual receptors in the vicinity of the site would also be unacceptable and contrary to policy.

The Committee were then addressed by objectors to the application Marianne Birkby (Radiation Free Lakeland), Paul Cowling; Kevin Bell (local resident); and Cam Ross (Local Member).

Ms Birkby made the following comments:

• A change to Government policy in March 2007, meant that the large-scale dumping of nuclear waste in landfill/mines was now allowed.  In March 2010 Northamptonshire county councillors unanimously rejected a plan for a nuclear landfill site but it was later overturned by the Government’s Communities Secretary, Eric Pickles.  The only long term assurance that landfill sites and old mines would be safe from radioactive contamination was to urge the government to reinstate the law preventing the large scale dumping of nuclear wastes away from the point of production

·        Radiation Free Lakeland restated their support for Cumbria County Council’s position “opposition to radioactive wastes being spread around Cumbria” an entirely rational response to the Keekle application but believed the “expression of interest” in a geological dump for high level wastes looked even more bonkers to the outside world

·        Deregulation of the nuclear industry was leading to private companies such as Endecom (set up by SITA UK) looking to pick up government contracts to get rid of low level and very low level nuclear waste as stated on their website

·        The bizarre reason given by Endecom for it not being possible to site a low level nuclear dump at Sellafield because “there is insufficient space on the site to construct a VLLW Disposal Facility and …large areas of contaminated land on the site would have to be excavated to develop a VLLW Facility” in other words Sellafield’s 6 mile square site was too small and way too contaminated for a low level dump!

·        There were concerns surrounding the waste being below the watertable, as nuclear contamination makes freshwater invalid

·        There had been no in-depth health impact assessment carried out by Endecom

·        Cumbria County Council were urged to stick to their opposition to the Keekle Head proposal; to ask for a  ...  view the full minutes text for item 9a

RESOLVED,       that planning permission be GRANTED for the reasons stated in Appendix 1 and subject to the conditions in Appendix 2.

RESOLVED,       that planning permission be GRANTED for the reasons stated in Appendix 1 and subject to the conditions in Appendix 2.

RESOLVED,       that planning permission be GRANTED for the reasons stated in Appendix 1 and subject to the conditions in Appendix 2.

The Planning Officer presented the report and informed members that an application would be submitted in the next few weeks for 17 additional car parking spaces.  Members were impressed with both the design of the building and the county council’s commitment to the elderly in Barrow.  Mr Hamilton, the local member praised Mark Hastings, the Adult Social Care County Manager Care Provision for conducting a thorough consultation in the area.  He referred to a piece of county council owned land next to Basterfield Gardens and bungalows which could be used as a car park for residents. 

A member queried the need for Condition 7, if the proposed parking on the site was adequate according to current parking standards then surely it was required.  

Mr Hamilton MOVED the recommendation, this was SECONDED by Mr Stewart.

The Team Leader - Development Control agreed that the condition was not needed, as highways comments had just been received (after the Agenda had been despatched) and there was no mention of additional parking being required.  The Chairman believed that further parking provision was needed for the site.  The application for which would be brought to a future meeting.

RESOLVED,       that planning permission be GRANTED for the reasons stated in Appendix 1 and subject to the conditions in Appendix 2 with the removal of Condition 7 – the construction of the additional car parking area proposed at Greengate Infants School being brought into use prior to occupation of the building.

[Electoral Divisions: Various]

To receive a report from the Assistant Director – Planning and Sustainability (copy enclosed).

To note that these are applications/consultations that have recently been determined by the Assistant Director – Planning and Sustainability in accordance with their schemes of delegation.

The list of applications/consultations determined under delegated powers was noted.

[Electoral Divisions: Various]

To receive a report from the Assistant Director – Planning and Sustainability (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.

The list of applications/consultations proposed to be determined under delegated powers was noted.

A member referred to planning application no. 1/12/9003 – application to vary condition 11 of Planning Consent 1/97/9025 Bolton Fell Moss and Peat Works, Roweltown, Hethersgill and asked what the variation was.  He was informed that the variation was because the site was being wound down.

Planning application no. 3/12/9004 – referred to the change of use to storage of scrap metal, Gilwilly Industrial Estate, Penrith.  A member asked what the sites current use was.  The Planning Officer was unsure but would let the members know.

[Electoral Divisions: Various]

To receive a report from the Assistant Director – Planning and Sustainability (copy enclosed).

To note the list of outstanding planning applications.

An update on Planning Application No. 4/11/9007 – Low Level Waste Repository, near Drigg, Holmrook was given.  It was the intention that a site visit be held in July/August.

A member was dismayed that Planning Application No. 2/12/9005 – a further three year extension for a portacabin at Bolton Low House C of E School, Wigton was to be considered by the Committee again.  As the last time planning permission was granted it was on the proviso that they looked at building a new nursery or moving to a more suitable building.

The Team Leader – Development Control suggested the following site visits to members:

                       3/12/9003 - Part field opposite 1-4 Town Head Farm, Sleagill Head, Sleagill, Penrith, CA10 3HD, Inert Landfill of part field including temporary access and gates, and passing places

                       3/12/9005 - Rose Garth, Long Marton, Nr Appleby, Cumbria, CA16 6BU, Inert infill of subsided land at Long Marton

                       02/2012/0311 (Re-submission of application ref 2/2011/0935), Land off Moor Road, Stainburn, Workington Residential development of 150 dwellings including 30 affordable dwellings, Public Open Space & associated infrastructure

RESOLVED,     that a site visit be held on 28 May 2012 to Planning Application No. 3/12/9003 - Part field opposite 1-4 Town Head Farm, Sleagill Head, Sleagill, Penrith, CA10 3HD, Inert Landfill of part field including temporary access and gates, and passing places; Planning Application No.  3/12/9005Rose Garth, Long Marton, Nr Appleby, Cumbria, CA16 6BU, Inert infill of subsided land at Long Marton; and Planning Application No. 02/2012/0311 (Re-submission of application ref 2/2011/0935), Land off Moor Road, Stainburn, Workington Residential development of 150 dwellings including 30 affordable dwellings, Public Open Space & associated infrastructure.