Agenda and draft minutes

Development Control and Regulation Committee
Wednesday, 14th November, 2018 10.00 am

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

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

Items
No. Item

65.

Apologies for Absence

To receive any apologies for absence.

Minutes:

Apologies for absence were received from Mr R Bingham, Mr W McEwan and Mr D Whipp.

66.

Changes in Membership

To note any changes in membership.

Minutes:

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

67.

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 D Wilson declared that in relation to Agenda Item 14b – Application no 4/18/9005, Prior Notification – Proposed Demolition at Millom School, Salthouse Road, Millom that he was a School Governor and that he had been lobbied and would therefore leave the room during consideration of the item.

 

Mr Morgan declared that in relation to Agenda Item 14b – Application no 4/18/9005, Prior Notification – Proposed Demolition at Millom School, Salthouse Road, Millom, the issue had been noted at a meeting of Copeland Local Committee of which he was a member and therefore he would leave the room.

 

Mr Hitchen drew it to members’ attention that in relation to Agenda Item 14b – Application no 4/18/9005, Prior Notification – Proposed Demolition at Millom School, Salthouse Road, Millom, he had been present at the meeting of Copeland Local Committee where the issue had been noted but as no decision had been made he we would stay in the room during consideration of the application.

 

Mr Worth declared a personal interest in Agenda item 13, Wildlife and Countryside Act 1981 – Section 53 Applications Recommendation 2 as he was the local member for Walney. He confirmed that he had not been lobbied on the matter.

68.

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.

69.

Minutes pdf icon PDF 137 KB

To confirm as a correct record the Minutes of a meeting held on 5 October 2018.

 

Minutes:

Page 15 (B) Application no 1/18/9010, 9013, 9014, 9015, 9016 – Hespin Wood Waste Management Park, Rockliffe, Carlisle, CA6 4BJ. It was raised that the application number in the second last line of the first paragraph did not match the number of the application in the original report.

 

Page 16 2nd paragraph, remove ‘b=’ from the last sentence.

 

RESOLVED,       that, subject to the corrections above, the minutes of the meeting held on 5 October 2018 be confirmed as a correct record and signed by the Chairman.

70.

CA14/25 - APPLICATION TO AMEND THE REGISTER TO RECORD AN HISTORIC EVENT - HISTORIC SEVERANCE OF A RIGHT OF COMMON (PRIMARY), REGISTER UNIT CL39 RAVENSTONEDALE COMMON, ENTRY 4 pdf icon PDF 164 KB

[Electoral Division: Ravenstonedale]

 

To consider a report from the Assistant Director – Economy and Environment.

Additional documents:

Minutes:

A report was considered from the Assistant Director – Economy and Environment regarding CA14/25 – Application to Amend the Register to Record an Historic Event – Historic Severance of a Right of Common (primary), Register Unit CL39 Ravenstonedale Common, Entry 4. The report advised that an application had been received from David Henry Holme to amend entry 4 of unit CL39 of the register of common land – Ravenstonedale Common in consequence of an historic severance of a right of common. The purpose of this report was to request that Members make a decision as to whether the application should be granted and an amendment made to the Council’s register of common land.

The recommendation was moved and seconded and after casting the vote with members in favour 15, against 0, abstentions 0, it was

RESOLVED that, the Committee accepts the application and amends the register of common land, on the basis that the Applicant has satisfied the criteria to register a qualifying historic event under paragraph 2 of Schedule 3 to the Commons Act 2006.

 

 

 

 

71.

CA14/36 & CA14/37 - APPLICATIONS TO AMEND THE REGISTER TO RECORD AN HISTORIC EVENT - HISTORIC SEVERANCE OF A RIGHT OF COMMON (PRIMARY), HISTORIC APPORTIONMENT OF A RIGHT OF COMMON (SECONDARY); REGISTER UNIT CL46 ULDALE FELLS, ENTRY 61. pdf icon PDF 178 KB

[Electoral Division: Bothel and Wharrels]

 

To consider a report from the Assistant Director – Economy and Environment.

Additional documents:

Minutes:

A report was considered from the Assistant Director – Economy and Environment regarding CA14/36 & CA14/37 – Applications to Amend the Register to Record an Historic Event – Historic Severance of a Right of Common (primary), Historic Apportionment of a Right of Common (secondary); Register Unit CL46 Uldale  Fells, Entry 61. An application had been received from Elizabeth Ann and Gordon Moore to amend entry 61 of unit CL46 of the register of common land – Uldale Fells in consequence of an historic severance of a right of common. As the application related to only part of the right, it was accompanied by a secondary application to apportion the right. The purpose of the report was to request Members to make a decision as to whether the applications should be granted and an amendment made to the Council’s register of common land.

A number of members commented on the large volume of paper in the reports with one querying whether this type of technical decision could be made by an officer. The Manager - Development Control and Countryside Management advised that solutions to simplify reports were underway and as an objection had been made, members were obliged to determine the application. One member referred to future applications, highlighting that contentious issues should rightly be supported by comprehensive evidence in order to allow members to make informed decisions.

The recommendation was moved and seconded and after casting the vote with members for 16, against 0, abstention 0, it was

RESOLVED that, the Committee accepts the applications and amends the register of common land on the ground that severance of a right of common occurred in April 2005 and that that severance should be recorded in the register as a qualifying historic event under paragraph 2 of Schedule 3 to the Commons Act 2006.

 

 

 

72.

CA14/40 & CA14/41 - APPLICATIONS TO AMEND THE REGISTER TO RECORD AN HISTORIC EVENT - HISTORIC SEVERANCE OF A RIGHT OF COMMON (PRIMARY), HISTORIC APPORTIONMENT OF A RIGHT OF COMMON (SECONDARY), REGISTER UNIT CL20 CALDBECK COMMON, ENTRY 215. pdf icon PDF 162 KB

[Electoral Division: Warnell]

 

To consider a report from the Assistant Director – Economy and Environment.

 

Additional documents:

Minutes:

A report was considered from the Assistant Director – Economy and Environment regarding CA14/40 & CA14/41 – Applications to Amend the Register to Record an Historic Event – Historic Severance of a Right of Common (primary), Historic Apportionment of a Right of Common (secondary), Register Unit CL20 Caldbeck Common, Entry 215. The report advised that an application had been received from Dennis Henry Strong to amend entry 215 of unit CL20 of the register of common land – Caldbeck Common in consequence of an historic severance of a right of common. As the application related to only part of the right, it was accompanied by a secondary application to apportion the right. The purpose of the report was to request Members make a decision as to whether the applications should be granted and an amendment made to the Council’s register of common land.

It was questioned whether Objectors could be contacted earlier in the application process in order for matters to be resolved quickly. Members were informed that the objector to the applications before them was a supporter of ‘Commoners’ in Cumbria and had strong views regarding access to land in the county.

The recommendation was moved and seconded and after casting the vote with members for 16, against 0, abstentions 0, it was

RESOLVED that, the Committee accepts the applications and amends the register of common land on the ground that severance of parts of a right of common occurred on 22nd April 1983 and 18th April 2001 and that this severance should be recorded in the register as a qualifying historic event under paragraph 2 of Schedule 3 to the Commons Act 2006.

73.

CA14/53 & CA14/54 - APPLICATIONS TO AMEND THE REGISTER TO RECORD AN HISTORIC EVENT - HISTORIC SEVERANCE OF A RIGHT OF COMMON (PRIMARY), HISTORIC APPORTIONMENT OF A RIGHT OF COMMON (SECONDARY) REGISTER UNIT CL293 MUNGRISDALE COMMON, ENTRY 17 pdf icon PDF 164 KB

[Electoral Division: Greystoke]

 

To consider a report from the Assistant Director – Economy and Environment.

Additional documents:

Minutes:

A report was considered from the Assistant Director – Economy and Environment regarding CA14/53 & CA14/54 – Applications to Amend the Register to Record an Historic Event – Historic Severance of a Right of Common (primary), Historic Apportionment of a Right of Common (secondary) Register Unit CL293 Mungrisdale Common, Entry 17. The report advised that an application had been received from Askham Bryan College to amend entry 17 of unit CL293 of the register of common land – Mungrisdale Common in consequence of an historic severance of a right of common. As the application related to only part of the right, it was accompanied by a secondary application to apportion the right. The purpose of the report was to request that Members make a decision as to whether the applications should be granted and an amendment made to the Council’s register of common land.

The recommendation was moved and seconded and after casting the vote as follows; members for 16, against 0, abstentions 0, it was

RESOLVED that the Committee accepts the applications and amends the register of common land, on the basis that the Applicant has met the criteria to register a qualifying historic event under paragraph 2 of Schedule 3 to the Commons Act 2006.

 

 

 

74.

CA14/55 & CA14/56 - APPLICATIONS TO AMEND THE REGISTER TO RECORD AN HISTORIC EVENT - HISTORIC SEVERANCE OF A RIGHT OF COMMON (PRIMARY), HISTORIC APPORTIONMENT OF A RIGHT OF COMMON (SECONDARY) REGISTER UNIT CL60 CARROCK FELL AND MUNGRISDALE FELL, ENTRY 19 pdf icon PDF 164 KB

[Electoral Division: Greystoke]

 

To consider a report from the Assistant Director – Economy and Environment.

Additional documents:

Minutes:

A report was considered from the Assistant Director – Economy and Environment regarding CA14/55 & CA14/56 – Applications to Amend the Register to Record an Historic Event – Historic Severance of a Right of Common (primary), Historic Apportionment of a Right of Common (secondary) Register Unit CL60 Carrock Fell and  Mungrisdale Fell, Entry 19. The report advised that an application had been received from Askham Bryan College to amend entry 19 of unit CL60 of the register of common land – Carrock Fell and Mungrisdale Fell in consequence of an historic severance of a right of common. As the application related to only part of the right, it was accompanied by a secondary application to apportion the right.The purpose of the report was to request that Members make a decision as to whether the applications should be granted and an amendment made to the Council’s register of common land.

A member asked that since the Common Land reports before members at the meeting contained similar objections, could the reports be reduced in size in future as the officer position on the applications were accepted. The Solicitor stated that each application had to be considered on its own merit with decisions based on the facts in the report.

The recommendation was moved and seconded and after casting the vote as follows; members for 16, against 0, abstentions 0, it was

RESOLVED that the Committee accepts the applications and amends the register of common land, on the basis that the Applicant has met the criteria to register a qualifying historic event under paragraph 2 of Schedule 3 to the Commons Act 2006

 

 

 

 

75.

CA14/60 & CA14/61 - APPLICATIONS TO AMEND THE REGISTER TO RECORD AN HISTORIC EVENT - HISTORIC SEVERANCE OF A RIGHT OF COMMON (PRIMARY), HISTORIC APPORTIONMENT OF A RIGHT OF COMMON (SECONDARY), REGISTER UNIT CL20 CALDBECK COMMON, ENTRY 216. pdf icon PDF 160 KB

[Electoral Division: Warnell]

 

To consider a report from the Assistant Director – Economy and Environment.

Additional documents:

Minutes:

A report was considered from the Assistant Director – Economy and Environment regarding CA14/60 & CA14/61 – Applications to Amend the Register to Record an Historic Event – Historic Severance of a Right of Common (primary), Historic Apportionment of a Right of Common (secondary), Register Unit CL20 Caldbeck Common, Entry 216. The report advised that an application had been received from Dennis Henry Strong to amend entry 216 of unit CL20 of the register of common land – Caldbeck Common in consequence of an historic severance of a right of common. As the application related to only part of the right, it is accompanied by a secondary application to apportion the right.The purpose of the report was to request Members make a decision as to whether the applications should be granted and an amendment made to the Council’s register of common land.

The recommendation was moved and seconded and after casting the vote with members for 16, against 0, abstentions 0, it was

 

RESOLVED that, the Committee accepts the applications and amends the register of common land on the ground that severance of part of a right of common occurred on 9th February 2001 and that that severance should be recorded in the register as a qualifying historic event under paragraph 2 of Schedule 3 to the Commons Act 2006.

 

 

 

 

76.

CA14/62 & CA14/63 - APPLICATIONS TO AMEND THE REGISTER TO RECORD AN HISTORIC EVENT - HISTORIC SEVERANCE OF A RIGHT OF COMMON (PRIMARY), HISTORIC APPORTIONMENT OF A RIGHT OF COMMON (SECONDARY), REGISTER UNIT CL39 RAVENSTONEDALE COMMON, ENTRY 96. pdf icon PDF 163 KB

[Electoral Division: Ravenstonedale]

 

To consider a report from the Assistant Director – Economy and Environment.

 

 

Additional documents:

Minutes:

A report was considered from the Assistant Director – Economy and Environment regarding CA14/62 & CA14/63 – Applications to Amend the Register to Record an Historic Event – Historic Severance of a Right of Common (primary), Historic Apportionment of a Right of Common (secondary), Register Unit CL39 Ravenstonedale Common, Entry 96. The report advised that an application had been received from David Jackson and Angela Mary Jackson to amend entry 96 of unit CL39 of the register of common land – Ravenstonedale Common in consequence of an historic severance of a right of common. As the application related to only part of the right, it was accompanied by a secondary application to apportion the right.The purpose of the report was to request Members make a decision as to whether the applications should be granted and an amendment made to the Council’s register of common land.

 

Following a question from a member regarding the provision of evidence from the Objector, the Commons Officer stated that additional information had been requested from the Objector but none had been received. Members noted that if an objection was made to an application, it would be determined by the Committee. The Committee was informed of the reason for the volume of severance applications to be determined by members and the possible reasons for the land being originally recorded incorrectly.

The recommendation was moved and seconded and after casting the vote with members for 16, against 0, abstentions 0, it was

 

RESOLVED that, the Committee accepts the applications and amends the register of common land on the ground that severance of a right of common occurred on 8th January 2004 and that that severance should be recorded in the register as a qualifying historic event under paragraph 2 of Schedule 3 to the Commons Act 2006.

 

 

 

77.

WILDLIFE & COUNTRYSIDE ACT 1981 - SECTION 53 APPLICATIONS pdf icon PDF 109 KB

[Electoral Division: various]

 

To consider a report from the Assistant Director – Economy and Environment.

Additional documents:

Minutes:

A report was introduced from the Assistant Director – Economy and Environment regarding applications that had been received by the County Council to modify the Definitive Map and Statement of Public Rights of Way which did not meet the burden of proof.

 

The Countryside Access Officer informed the Committee that since the report had been published, additional evidence had been brought to his attention in regard to Recommendation 3. Application under Section 53(3)(ii) of the Wildlife and Countryside Act 1981 to upgrade public footpath no 362033to a bridleway and adding a section of bridleway at Linton Gill, parishes of Hesket and Skelton that would warrant further investigation.

 

The Chair moved that Recommendation 3 be withdrawn from consideration at the meeting in order for the officer to make further investigations into the additional evidence. This was seconded by Mr Markley. To clarify for members, the Manager Development Control & Countryside Management informed the Committee that members were entitled to consider evidence right up until the meeting commenced.

 

One member queried whether the Yorkshire Dales Local Access Forum had been consulted. The Countryside Access Officer replied that they probably had not, that it was not statutory but noted it for the future.

 

The remaining 6 Recommendations were taken in order with votes cast for each one. Members voted unanimously in favour for each recommendation therefore it was

 

RESOLVED that,

 

1      The application under Section 53(3)(c)(ii) of the Wildlife and Countryside Act 1981 to upgrade public footpath no 362033 to a bridleway and adding a section of bridleway at Linton Gill, parishes of Hesket and Skelton be considered at a future meeting in order to investigate additional evidence.  

 

2       The Assistant Director – Economy and Environment be authorised to reject the following:

 

1.    Application under Section 53(3)(c)(iii) of the Wildlife and Countryside Act 1981 to delete public bridleway no 555015 at Middleton, Parish of Sedbergh;

2.    Application under Section 53(3)(c)(i) of the Wildlife and Countryside Act 1981  to add a public footpath at West Shore Road, Walney, parish of Barrow in Furness;

3.    Application under Section 53(3)(c)(i) of the Wildlife and Countryside Act 1981 to add a restricted byway at Hole House, parish of Ousby;

4.    Application under Section 53(3)(c)(i) and (iii) of the Wildlife and Countryside Act 1981 to realign public footpath 104032 in the parish of Bewcastle;

5.    Application  under Section 53(3)(c)(iii) of the Wildlife and Countryside Act 1981 to amend Definitive Statement re public path no 114036 at Stockdalewath, parish of Dalston; and

6.    Application under Section 53(3)(c)(i) of the Wildlife and Countryside Act 1981 to add a public footpath at Low Winder Lane in the  parish of Haile & Wilton

78.

Reports on Applications for Planning Permission pdf icon PDF 79 KB

[Electoral Divisions: Various]

 

To consider a report from the Assistant Director – Economy and Environment.

 

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.

 

 

78a

Application Reference No. 1/18/9017. Application Type: Full Planning Permission Proposal: Increase in levels of landscaping to retain soil on the site from the adjacent care home being constructed under permission ref 1/17/9003. The existing perimeter fencing will be retained and the site seeded with wildflower seed on completion. Land adjacent to the Former Morton Park Primary School site, Burnrigg, Carlisle, CA2 6QH pdf icon PDF 609 KB

[Electoral Division: Morton]

 

To consider a report from the Assistant Director – Economy and Environment.

Minutes:

A report was considered from the Assistant Director – Economy and Infrastructure that detailed a planning application to increase in levels of landscaping to retain soil on the site from the adjacent care home being constructed under permission ref 1/17/9003. The existing perimeter fencing would be retained and the site seeded with wildflower seed on completion at land adjacent to the Former Morton Park Primary School site, Burnrigg, Carlisle, CA2 6QH.

 

The Lead Officer - Development Control  guided members through the report and advised that the development would not significantly impact on surrounding properties. Relevant issues such as visual impact and highway safety were noted and it was confirmed that trees in the area protected by a Tree Preservation Order would be adequately protected. There had been no objections from the community.

 

The recommendation was moved and seconded and after casting the vote with members for 16, against 0, abstentions 0, it was

 

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

78b

Application Reference No. 4/18/9005 Application Type: Prior Notification - Proposed Demolition. Proposal: Demolition of swimming pool. Location: Millom School, Salthouse Road, Millom, LA18 5AB pdf icon PDF 818 KB

[Electoral Division: Millom]

 

To consider a report from the Assistant Director – Economy and Environment.

 

Minutes:

The meeting adjourned in order for members to read the additional information circulated regarding planning application 4/18/9005

 

Mr Morgan and Mr Wilson left the room during consideration of this application following their declarations of interest made earlier in the meeting.

 

A report was considered from the Assistant Director – Economy and Environment regarding application Reference No. 4/18/9005 relating to Prior  Notification of Proposed Demolition. The proposal was to demolish the swimming pool at Millom School, Salthouse Road, Millom. The Chair advised members that this application had been deferred at the previous meeting of the Committee.

 

The Manager - Development Control and Countryside Management stated that there had been considerable debate on the application and the community had informed members of their issues at the meeting of the Committee held on 5 October 2018. A brief synopsis was given for the reason for deferring the application. The word ‘deliberate’ had now been removed from the report and officers were content that the information before members was legally sound. He drew members’ attention to and explained what permitted development rights’ were and the reason for the application being for ‘prior notification’  for the proposed demolition. He read out a specific reason for when the prior notification application route could not be used for the benefit of members. The Committee was reminded that the community had raised that there hadn’t been sufficient upkeep of the building, however there was evidence that this was not the case.

 

The Planning Officer guided members through a number of slides showing maps of the location and building and photographs of the building. Members’ attention was drawn to the update sheets which had been circulated to members. One provided the submissions of objection received on the morning of the meeting, the other, objections received since the report had been published.

 

Members were advised that they were not determining a planning application. The grounds for considering a prior notification were explained with the key contested part of legislation presented for members on a slide. Members were advised that after due consideration being given to the information presented at the previous meeting, officers remained of the same view, that there had not been action or inaction by those who owned or had an interest in the land that had rendered the swimming pool building unsafe or otherwise inhabitable and that the proposals were considered to be acceptable in terms of the narrow criteria against which prior notification applications must be assessed.

 

A member referred to the dispute about the skills of the people who had undertaken the survey of the building, queried if there had been a full survey of the roof and asked if details were available of a structural survey. He commented that the objectors did not have information on how much it would cost to restore the building. The Planning Officer advised that Save Millom Pool Group had submitted a report but there was no information on the qualifications of the surveyors. He confirmed that a qualified  ...  view the full minutes text for item 78b

78c

Application Reference No. 4/18/9009 Application Type: Section 73 Planning Application. Proposal: Section 73 planning application to vary condition 2 of planning application 4/17/9017, proposing an increase in the size of the approved school building to accommodate a larger main hall and other minor alterations including revised drainage details. Location: Seascale Primary School, Croft Head Road, Seascale, CA20 1LZ pdf icon PDF 311 KB

[Electoral Division: Gosforth]

 

To consider a report from the Assistant Director – Economy and Environment.

 

Minutes:

A report was considered from the Assistant Director – Economy and Environment regarding a Section 73 planning application to vary condition 2 of planning application 4/17/9017, and proposed an increase in the size of the approved school building to accommodate a larger main hall and other minor alterations including revised drainage details at Seascale Primary School, Croft Head Road, Seascale, CA20 1LZ.

 

Members were shown photographs of the location of the proposed school.

 

The recommendation was moved and seconded and after casting the vote, members for 15, against 0, Abstentions 0, it was

 

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

79.

Applications/Consultations Determined Under Delegated Powers pdf icon PDF 78 KB

[Electoral Divisions: Various]

 

To consider a report from the Assistant Director – Economy and Environment.

 

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

Minutes:

RESOLVED,       that the list of applications/consultations determined under delegated powers be noted.

80.

Applications/Consultations Proposed to be Determined Under Delegated Powers pdf icon PDF 97 KB

[Electoral Divisions: Various]

 

To consider a report from the Assistant Director – Economy and Environment.

 

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/consultations proposed to be determined under delegated powers be noted.

81.

Applications to be Considered at Future Meetings pdf icon PDF 97 KB

[Electoral Divisions: Various]

 

To consider a report from the Assistant Director – Economy and Environment.

 

To note the list of outstanding planning applications.

Minutes:

The list of applications to be considered at future meetings was discussed.

 

Regarding Planning Application 1/18/9012, members’ attention was drawn to the update sheet which had been circulated before the meeting which identified that the applicant had submitted the current Section 73 (S73) application to change from a gasification thermal treatment plant to a more conventional moving grate combustion plant.

 

The Manager - Development Control and Countryside Management advised that the update sheet provided a synopsis of how the original planning application decision had been arrived at in October 2017. He advised that consideration should be given on whether there should be a new application or variation to the original consent. Members were informed of the main issues and he advised that in this type of decision, consideration should be given to whether the purpose or building was the same as the original application.  He considered it was and that a S73 was appropriate. He advised that he had received legal advice and considered schemes elsewhere in the country. He confirmed that when the application was considered by the Committee that members would be able to review the changes and could refuse or support the S73 application. He stated that the technology had changed but that it was still an energy from waste plant.

 

One member stated that he understood the decision but thought that as planning permission had already been granted, it was arguable that a move from the proposed technology could warrant a full planning application as it was a change. In agreement with the previous member, another member stated that in the original application, members had been advised that the scheme included the best technology available and then quoted figures relating to waste input and the anticipated energy output. The Chair advised that member comments would be taken into consideration.

 

Regarding Planning Application 4/17/9007, the Manager - Development Control and Countryside Management informed members that February 2019 was a possible date for the application to be considered. A new Consultation was in progress and if new issues were brought up these would need to be addressed.

 

Members were informed that the Warcop Common Land application would be determined at the 6 December 2018 Committee meeting. The Inspector’s report  would be available for this meeting.

 

RESOLVED that, All members of Copeland Local Committee receive an update on the West Cumbria Mining planning application as provided in the meeting by the  Manager - Development Control and Countryside Management

82.

PLANNING ENFORCEMENT RELATED MATTERS pdf icon PDF 65 KB

[Electoral Divisions: Various]

 

To consider a report from the Assistant Director – Economy and Environment

 

Minutes:

There were no reports and updates on Planning Enforcement related matters to consider at this meeting.

83.

Date and time of next meeting

The next meeting will be held on 6 December 2018 at 10.00am, County Offices, Kendal.

Minutes:

The next meeting of the Committee would be 6 December 2018 at 10.00am at County Offices, Kendal.