Agenda and minutes

To receive any apologies for absence.

Apologies for absence were received from Mr AP Richardson, Mr I Stewart and Mr A Toole.

To note any changes in membership.

It was noted that Mr N Marriner replaced Mr AP Richardson as a member of the Committee for this meeting only.

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.

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).

Mr N Clarkson declared an interest in Agenda Item No. 7b & 7c as he had made his views on windfarm developments public.

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 during consideration of any items of business.

To confirm as a correct record the Minutes of a meeting held on 19 June 2012 (copy enclosed).

RESOLVED,       that the minutes of the meeting held on 19 June 2012 be confirmed as a correct record and signed by the Chairman.

[Electoral Divisions: All]

To consider a report from the Corporate Director – Safer and Stronger Communities (copy enclosed).

The annual report is intended to update the Committee on the current situation at the seven Sports Grounds which require Certification, either wholly under the Safety of Sports Ground Act 1975, or in part under the Fire Safety and Safety of Places of Sport Act 1987.

The Committee received that annual report from the Corporate Director – Safer and Stronger Communities which updated members on the current situation at the seven Sports Grounds which required Certification, either wholly under the Safety of Sports Ground Act 1975, or in part under the Fire Safety of Places of Sport Act 1987.  Members thanked Mr Briggs for all his hardwork over the past 12 months.

RESOLVED,       that

(1)   the Annual Report be received and approved;

(2)   members note how the Clubs are performing and competency of the stewarding at the 7 licensed Grounds since the previous annual report;

(3)   members note the re-issuing of the seven General Safety Certificates effective from 1 August 2012;

(4)   members accept the visits by their own Safety Panel as fact finding inspections on behalf of the whole Committee;

(5)   members note the annual Safety Advisory Group audits and resultant outcomes, including capacity changes where applicable;

(6)   members note the information and updates in the remainder of the report through the relevant sections.

In accordance with the Town and Country Planning Act 1990, Schedule 1, paragraph 7, the County Council is consulted on those applications which are considered to fall within the agreed Development Control Code of Practice for Cumbria.

The Planning Services Manager presented the report.  The Allerdale Members welcomed the application but wanted to ensure that the development would not go over the 5 year local supply.  Concern was expressed as all of the new housing developments seemed to be in Workington.  Allerdale Borough Council (ABC) were consulting on the Allerdale Local Plan and members would have the opportunity to feed into that process but officers would ensure members views were passed onto colleagues in ABC.  The Chairman queried the developer contribution towards school transport.  He was informed that the contribution was based on a set calculation per child but once most of the houses had been built, they would have a clearer indication of the number of children in occupancy.

RESOLVED,      

(1)   that NO OBJECTION be raised to the strategic principles of the development, provided that the Local Planning Authority:

i.                    is satisfied that there are no preferable and deliverable brownfield sites elsewhere in Workington that could be used as an alternative development site;

ii.                  is satisfied that this site would not take them significantly in excess of their 5-year supply, taking account of all of the other sites which are in the pipeline, either with planning permission or current planning applications;

iii.                is satisfied with the type and level of affordable housing proposed;

iv.                 ensures that a detailed ecological assessment is carried out prior to determination; and

v.                   is satisfied that the development reflects and protects the character of the site and its surroundings and that the density and siting of any houses is appropriate to the location.

(2)   A financial contribution should be sought via a S106 agreement for either an extension to Beckside School, should it be found to be practical in order to provide the required additional education facilities, or failing that option for the transportation of the 7 pupil yield, as set out in paragraphs 3.39-3.45 of the report;

(3)   To note the response of the Highways Authority as set out in Annex A.

As he had declared an interest earlier in the windfarm applications earlier in the  meeting Mr Clarkson left the room.

The Planning Officer presented the report and apologised for an error on page 69 paragraph 4.64 second last sentence, ‘do not’ should be removed so that the sentence reads ‘it is considered that, in the case of this proposed development, the localised landscape and visual effects outweigh the benefits of providing renewable energy’.  A member was concerned that residents would be surrounded by wind farms, as they already had sight of near and far windturbines.  The Chairman queried the ‘slight road modifications’.  He was informed it would entail the removal of a hedge and a fence but the applicant would have to apply for highways approval.

RESOLVED,       that

(1)   an OBJECTION be raised to the proposed development as it is contrary to saved Cumbria and Lake District Joint Structure Plan policies E37 and R44 due to localised significant adverse effects would arise on the landscape character and visual amenity of the area;

(2)   Copeland Borough Council should note the comments of the Highways Authority contained in Appendix 2;

(3)   Members of the Development Control and Regulation Committee note that the proposal has been assessed by a Planning Officer in the absence of a Landscape and Countryside Officer.  The objective assessment of the development has included the use of the Cumbria Wind Energy Supplementary Planning Document (2007), the Cumbria Landscape Guidance and Toolkit (2011), the Cumbria and Lake District Joint Structure Plan and visits to the site and selected viewpoints.  Copeland Borough Council has commissioned its own independent Landscape and Visual Impact Assessment of the application. 

The Planning Officer presented the report.  A member stated that he could not understand why the report did not refer to the application having an adverse cumulative effect.  The turbines would be 120.5m high and would be seen in the skyline from several viewpoints.  Local members comments were appended to the report and they voiced their concerns about the cumulative impact on the area too and were against the proposal.  A question was raised on the location of the supporters of the application.  Unfortunately, Copeland Borough Council had not provided any details on where the letters of support were from. 

Mr McCreesh added that there was already an existing windfarm adjacent to the site and MOVED the recommendation.  Mr Marriner MOVED a strategic objection be raised on the grounds of cumulative impact.  This was SECONDED by Mr Bleasdale.  Following a vote, 1 AGAINST and 13 FOR, it was,

RESOLVED,      

(1)   that a STRATEGIC OBJECTION be raised to the principle of the proposed development on the grounds that the proposal would be contrary to Policy R44 of the Cumbria and Lake District Joint Structure Plan. It would have a harmful visual impact locally and also cumulatively due to the existing onshore and offshore wind energy schemes in the locality. The local area has reached capacity for wind development and that it would be unfair to subject the local residents to further wind development.  If Copeland Borough Council was to approve the application they are asked to ensure that:

i.                    the applicant makes a financial contribution of £35,000 for the maintenance work to the local network of public rights of way which will be necessary as a result of the proposed development (see Appendix 1);

ii.                  it seeks to encourage the applicant to move the proposed location of Turbine WTG5 elsewhere in the application site in order to increase the distance of the turbine from Haws Lanes Public Right of Way.  If it cannot be relocated, Copeland Borough Council should include a condition which does not allow the micro-siting of Turbine WTG5, in order to maintain the current separation distance between the turbine and Haws Lane Public Right of Way (see Appendix 1);

iii.                other issues such as shadow flicker, noise radar and telecommunications, in addition to the issues considered in this report, are fully taken into account;

iv.                 the issues raised regarding the historic environment are addressed through appropriate planning conditions, as set out in the report (see paragraphs 4.36-4.37 and Appendix 2);

v.                   the applicant has fully considered and mitigated for any adverse biodiversity effects associated with the development (see paragraphs 4.38-4.44); and

vi.                 a planning condition is attached to any permission which obligates the applicant to remove the concrete foundations (see paragraph 4.49).

(2)   Copeland Borough Council should also note the views of the Highways Authority (as outlined in Appendix1).

Mr Clarkson re-entered the room.

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.

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 Senior Planning Officer presented the report.  Members had been on a site visit and believed that the portacabins would be improved if they were painted in a uniform colour.  They were advised that officers would discuss it with the applicant but it was not a planning condition.  Condition 4 covered a scheme to reduce the visual impact of the structure from outside of the site.  The applicant had been proactively searching for another more suitable site in the Kendal area but unfortunately after bidding on a couple of sites nothing had come to fruition.  A member added that the business had been there longer than the houses which backed onto the site and wherever possible jobs needed to be protected, it was the officers job to mitigate the impact as far as possible. 

RESOLVED,       that planning permission be GRANTED for the reasons stated in Appendix 1 and subject to the conditions in Appendix 2.  Officers would consider the detailed wording of the conditions and use the delegated powers to make very minor amendments if it was felt to be necessary.

The Senior Planning Officer presented the report and explained that although the request was for a 10 year temporary consent, it was felt that a 5 year period would be more appropriate, and the need for and physical condition of the unit could be reconsidered at that time.

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

1.      the development hereby permitted shall be for a temporary period only expiring on 20 August 2017 by which date the building hereby permitted shall have been removed from the site.

Reason: to ensure the removal of the building following the temporary period of this permission in accordance with Policy E34 of the Structure Plan an C1 of the South Lakeland District Council Local Plan.

2.      within 6 months of the date of this consent, a scheme for the Annual Maintenance of the jackleg unit shall be submitted to the Local Planning Authority for approval.  This scheme shall consist of a five year annual plan for the following:-

·        maintenance of the external condition of the outside of the building (including painting);

·        maintenance of the steps and handrail to the building;

·        maintenance of the boarding between the bottom of the jackleg and the ground

once approved this scheme for Annual Maintenance of the jackleg unit shall be implemented.

Reason: to ensure that the appearance of the temporary building is maintained to a good standard and not be visibly detrimental to the surrounding area.

[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 Senior Planning Officer referred to Planning Application No’s 3/12/9008 & 3/12/9009 Section 73 application to remove condition 3 (use of plant and machinery) & 5 (vehicular access restrictions) Unit 8, Station Yard, Kirkby Stephen.  Since writing the report, an objection had been received to the latter application so it would now be considered by the Committee.  The Town Council had requested a site visit.

RESOLVED,       that

(1)   the list of applications/consultations proposed to be determined under delegated powers be noted;

(2)   a site visit be held to Planning Application No’s 3/12/9008 & 3/12/9009 Section 73 application to remove condition 3 (use of plant and machinery) of planning permission 3/00/9007 & 5 (vehicular access restrictions) of planning permission 3/08/9019 Unit 8, Station Yard, Kirkby Stephen on Thursday 9 August 2012.

[Electoral Divisions: Various]

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

To note the list of outstanding planning applications.

The list of applications to be considered at future meetings was discussed.  The Chairman proposed a site visit to Planning Application No. 2/2012/0483 Outline application for the development of up to 80 dwellings, land at Main Road, High Harrington, Workington.

The Senior Planning Officer indicated that it was unlikely that a report for Planning Application No. 3/11/9009 & 3/11/9010 Low Plains Quarry, Armathwaite, Penrith would be ready for the next meeting, as she was awaiting information from the applicant.

A member referred to Planning Application No. 1/12/9009 Construction of a multi-span bridge over New Water River, East of Cumrew Fell, Brampton and stated that the Parish Council were unhappy with the design of the new bridge and also did not believe it was not needed.  Members asked that the report to Committee include a photo montage of the proposed bridge.

The Planning Services Manager gave an update on Planning Application No. 4/11/9007 LLW Repository, near Drigg, Holmrook.  They were still awaiting further information from the applicant so the timescales had slipped and it was now likely that a site visit would be held in January 2013, with a report to Committee in February 2013.

RESOLVED,       that a site visit be held to Planning Application No. 2/2012/0483 Outline application for the development of up to 80 dwellings, land at Main Road, High Harrington, Workington on Thursday 9 August 2012 and Planning Application No. 1/10/9019 Kingmoor Waste Recycling Centre; Rockcliffe, Carlisle which was agreed at the previous meeting.