Agenda and draft minutes

To receive any apologies for absence.

Apologies for absence were received from Mr F Morgan, Mr P Turner and Mr D Wilson.

To note any changes in membership.

There were no changes in membership for this meeting.

Mr A McGuckin declared a non pecuniary interest in Agenda Item No 7 – Application Reference 1/22/9005 – Proposed Extension of time of the extraction of sand and gravel until 31 December 2032 and subsequent restoration by infilling and ancillary aggregate recycling at Faugh Sand Pit No 2 (Esk Quarry), Faugh, Brampton as he lived near the village, his wife signed the petition and his daughter and son in law live near the quarry.     

Mr W McEwan declared a non pecuniary interest in Agenda Item No 13 - Application Reference No. 6/22/9004 Planning permission for a 2 Mega watt (MW) ground mounted Solar Array and associated infrastructure on land off Dova Way, Barrow Island, Barrow-in-Furness, Cumbria, as he is a member of Barrow Borough Council’s Planning Committee.

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

To confirm as a correct record the Minutes of a meeting held on 17 January 2022 (copy enclosed)

RESOLVED,     that the minutes of the meeting held on 17 January 2023 be confirmed as a correct record and signed by the Chairman.

[Electoral Divisions: Alston and East Fellside]

To consider a report from the Executive Director – Economy and Infrastructure (copy enclosed)

Mr R Betton arrived at the meeting during consideration of this item but did not vote.

Members considered a report from the Executive Director – Economy and Infrastructure which detailed an application received by the County Council to divert public footpath no 302151 at Haggs Bank in the Parish of Alston Moor.

Members recalled an earlier application to extinguish public footpath no 302151 when it was resolved that an order be made under Section 118 of the Highways Act 1980.  The order was made but objections were received and the Order was not confirmed by the Secretary of State for the Environment, Food and Rural Affairs.

The extinguishment of the path was not accepted by the Inspector as he was not convinced the path was not needed for public use.  He considered that the route would be used at least as often as other routes in the area.  Furthermore, the Inspector found that whilst there would be some benefits to the owner, he was not persuaded that stopping up the right of way would resolve any of the security issues identified.  This diversion found an appropriate balance in meeting the concerns of the landowner and achieving a better more convenient route.

The recommendation was moved and seconded and put to a vote, which was unanimous.  It was, 

RESOLVED,     that, pursuant to the power set out at Part 2G paragraph 2.1(g)(iii) of the County Council’s Constitution, an order be made under Section 119 of the Highways Act 1980 to divert public footpath no 302151 from A-B to C-D-E-B as shown on the plan at Appendix A and if no objections are received, the order be confirmed.  In the event objections are received and not withdrawn, the matter may be referred to the Secretary of State for consideration.

[Electoral Divisions: Corby and Hayton]

To consider a report from the Executive Director – Economy & Infrastructure (copy enclosed)

Mr A McGuckin had declared a non-pecuniary interest in this agenda item and left the meeting at this point.

Members had before them a report from the Executive Director – Economy and Infrastructure concerning an application for planning permission for the extension of time for the extraction of sand and gravel until 31 December 2032, subsequent restoration by infilling and ancillary aggregate recycling at Faugh Sand Pit No. 2 (Esk Quarry), Faugh, Brampton.

This combined planning application had been submitted after discussions with the County Council on how best to regularise the operations and allow the remaining reserve at the site to be worked.  To date, there was estimated to be some 240,000 tonnes of reserve at the site which had not been extracted under the existing planning permissions.

Members of the committee had visited the quarry on 10 January 2023 in an organised committee site visit.  As part of the visit, members were driven along the route HGVs took to reach the site and the route vehicles took when leaving the site to return to the A69.

The Planning Officer drew members’ attention to the Update Sheet and a further objection received from Mr B Cox, an update from Network Rail, Wetheral Parish Council and further comments received from a member of the public. 

The Planning Officer took members through the report in detail, highlighting the following:-

·           Site description, including a presentation of the haul route to and from the quarry and site history

·           Planning assessment

The officer informed members that the proposal to continue extraction of sand for a further ten years and continuation of aggregate recycling unsurprisingly had generated a lot of local concern and opposition.  The expectation from residents close to the site was that activity would end at the site in 2022 and restoration would begin.  Such concerns were certainly material considerations in the consideration of this application and important to those who had voiced their concerns.

It was reported the quarry site was not in an ideal location, being located close to residential properties. However, both national and local planning policy attributed great weight to the extraction of minerals, and, of course, they could only be worked where they occurred.  This, coupled with the strong evidence that there was an inadequate supply of sand and gravel for the local plan period, weighed in favour of the proposal to extract sand at the site for a further period of ten years.

There was undoubtedly going to be negative environmental impacts as a result of any continued operations in terms of noise, dust and vehicle movements and there would be some impacts on local residents, particularly given how close the quarry was to those residents.  But, it was also clear from the consultants reports supporting the planning application and responses from consultees, that such impacts could be controlled and minimised to an acceptable degree, with the use of appropriate planning conditions as safeguards.

This had been the case during the long operational life of the site  ...  view the full minutes text for item 108.

[Electoral Divisions: Dalston and Burgh]

To consider a report from the Executive Director – Economy & Infrastructure (copy enclosed)

The Committee considered a planning application which sought a lateral extension to the east of Cardewmires Quarry, Cardewlees, Dalston.

The Planning Officer drew members attention to the update sheet which detailed a further response from the Environment Agency. 

The officer took members through the report describing the site and its surrounds, detailing the proposal and highlighting aspects relevant to the key issues of landscape and visual impact, noise and dust.

The officer considered that strong evidence existed that there was an urgent need to release additional sand and gravel reserves in order to contribute toward maintaining a minimum seven year landbank throughout the plan period.

A number of representees had raised concern that the proposal would negatively impact upon a nearby recently established camping enterprise that has positively contributed to the local economy.  It was acknowledged that this proposal would bring mineral working closer to the campsite, however the submitted noise impact assessment (NIA) indicated that the worst case scenario noise impact of the extension would not be noticeably greater than that arising from the existing operational site and this proposal would not extend beyond the current permitted operational life of the existing quarry.

Further to the NIA, the applicant had agreed to reduced hours of working in the proposed eastern extension area and to better site and acoustically contain the feed hopper.

The Planning Officer considered that the working scheme had been sensitively designed and would result in negligible additional adverse impacts for those staying at the campsite, and therefore recommended that permission be granted subject to conditions.

With no questions from members the recommendation was moved and seconded and voted upon with all members voting in favour.  It was

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

[Electoral Divisions: Cockermouth North]

To consider a report from the Executive Director – Economy and Infrastructure (copy enclosed)

The Committee considered a planning application for an extension and alteration of a former primary school site to form a sixth form campus for pupils from Mayfield School, Whitehaven including creation of new vehicle access and external works.

The Planning Officer explained that a single storey extension was proposed to the eastern elevation of the existing school, on an area that was previously utilised for soft play.  The proposed extension would create two classrooms, link corridor, assisted shower room, workshop and greenhouse.  The scheme also proposed the relocation of the previously approved summerhouse.

The Planning Officer considered the small extension, siting of summerhouse and workshop, alterations to the access road and widening of the driveway entrance to be acceptable, and considered the proposed alterations to the school would be minor and that the capacity of the site would be significantly decreased from when St Joseph’s was at its prime.  The proposal would bring back into use a school which had been left empty and would become a derelict disused building.  It was therefore recommended that this application be granted subject to conditions.

The recommendation was moved, seconded and voted upon.  With an unanimous vote it was

RESOLVED,     that planning permission be GRANTED subject to conditions set out in Appendix 1 of this report.

[Electoral Divisions: ]

To consider a report from the Executive Director – Economy and Infrastructure (copy enclosed)

The Committee considered a planning application for the installation of temporary portacabin classroom buildings on the hard surfaced play area of St Joseph’s School Cockermouth for a temporary period, in association with works to create a new sixth form campus for pupils from Mayfield School, Whitehaven.

The accommodation would provide two classrooms, lobby, w.c. facilities and storage.  A ramp and steps would allow access from the existing play area to the temporary classrooms.  Additional rear openings would provide steps as emergency exits.

The Planning Officer reported that there had been no objections to the proposals, and the siting of the modular classrooms would be acceptable until  new permanent classrooms were completed.  She therefore recommended that planning permission be granted, subject to conditions.

With no questions from members the recommendation was moved and seconded and put to a vote, which was unanimous.

RESOLVED,     that planning permission be GRANTED subject to conditions set out in Appendix 1 of this report.

[Electoral Divisions: Bransty]

To consider a report from the Executive Director – Economy & Infrastructure (copy enclosed)

Members considered a planning application to construct a hard surfaced Multi-Use Games Area (MUGA) at Bransty Primary School, Mona Road, Whitehaven.

The Planning Officer showed members plans, aerial images and photographs of the site and its surrounds and detailing the proposal, pointing out key elements of context.

The Planning Officer considered that the proposal would provide an enhanced sports facility for the school that would maximise the productive use of an area of grassed playing field whilst maintaining its openness and boosting opportunities for pupils to improve their health and well-being.  He was therefore recommending that planning permission be granted subject to conditions.

The recommendation was moved and seconded and put to a vote, which was unanimous.

RESOLVED,     that planning permission be GRANTED subject to the conditions set out in Appendix 1 to this report.

[Electoral Divisions: Dalton North]

To consider a report from the Executive Director – Economy & Infrastructure (copy enclosed)

Mr Betton left the meeting at this point.

Members considered a report on an application for planning permission for a 2 mega-watt (MW) ground mounted Solar Array and associated infrastructure on land at Sandscale, Barrow-in-Furness, Cumbria.

The Lead Officer – Development Control took members through the report showing them plans, aerial images and photographs of the site and its immediate surrounds and the proposal.  The Lead Officer explained that an assessment of whether glint and/or glare from the solar array would adversely affect flight paths of aircraft from nearby landing sites, had been carried out and that this concluded that there would be no significant glare affecting pilots using the airfield and the scheme would not lead to hazardous situations for aircraft.

The Lead Officer considered that the proposed solar farm struck an acceptable balance between benefits and impacts, and whilst there were some landscape impacts, effects on sensitive receptors from glint and glare, and the possibility of some disruption to users of the public right of way during the construction and decommissioning phases, he felt these to be relevantly limited.  He therefore recommended that planning permission be granted, subject to condition in Appendix 1 of the report.

Mr Betton returned to the meeting at this point.  He did not take part in the vote.

One of the members asked if it would be possible to amend Condition 3 of the planning permission to provide more precise criteria for when the solar array should be removed.

The Lead Officer highlighted the difficulties of establishing a precise performance based threshold which could easily be ascertained/measured and felt the current wording was sufficient and noted the economic imperative for ensuring the productivity of the panels and re-use of the site at the end of the operational life of the solar array.

The Chair then invited the registered speakers to address the meeting.

Mr Dale Hunter the agent for this application addressed the meeting.  He raised the following points:

·           Potential impacts on aviation infrastructure as a result of glint and glare and the assessments prepared in relation to this

·           Overwintering and breeding waterbird populations on the Duddon Estuary, undulating sand dunes and barrier effects

·           Access arrangements from A590 and crossing the railway line

·           Health and Safety Executive spatial web app

·           Agricultural land classification, spatial constraints and nature of the development

The Chair thanked Mr Hunter for his presentation.

Upon conclusion of the public participation, and there being no further questions the recommendations were moved and seconded and out to a vote.  The vote was unanimous.

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

[Electoral Divisions: Old Barrow]

To consider a report from the Executive Director – Economy and Infrastructure (copy enclosed)

Mr W McEwan declared a non-pecuniary interest in this item as he was a member of Barrow Borough Council’s Planning Committee.

The Committee considered a report on an application which sought planning application of a 2 Mega watt (MW) ground mounted Solar Array and associated infrastructure on land off Dova Way, Barrow Island, Barrow-in-Furness.

The Lead Officer informed members that Barrow Borough Council had objected to the proposal as it would result in the loss of part of a site allocated for employment use. However, despite repeated requests the Borough Council had not provided any information to evidence interest on the use of the application site for employment related purposes.

It was reported that Cumbria County Council had marketed the site a number of times but there had been no significant interest from suitable end users. 

The Lead Officer understood the desire of Barrow Borough Council to retain the land for employment use, but the evidence suggested little or no interest from developers despite the amount of public investment that had been made to try to attract employment uses.

Given that around 80% of the allocated land could still be retained for employment use, the officer was satisfied that there would be not significant unacceptable impacts on the allocated site.  Given the strong support for renewable energy proposals, and the lack of a demonstrable prejudice to the allocated site, he therefore recommended that planning permission be granted, subject to the conditions listed in Appendix 1 of the report.

One of the members from Barrow in Furness understood that employment at BAE Systems was due to increase from 10,000 to up to 17,000 over the next few years and he asked how confident the County Council was that this would not become an obstacle in future of this application was granted.

The Lead Officer said he was confident this would not be a problem as this application would only use 20% of the site.

Another Barrow member had heard a rumour that BAE were looking for land to use as a car park.  The Lead Officer was not aware of this and currently had no information on this, but the application in front of members must be decided on current evidence.

Members asked if it would be possible to defer this application pending evidence from Barrow Borough Council. The Manager Development Control and Sustainable Development reassured members that the County Council had requested the evidence twice from the Borough Council, but that had not been forthcoming.  He reminded members that applications could only be assessed on available evidence.   

The Chair then invited the registered speakers to address the meeting.

First to speak was Mr James Daplyn on behalf of the applicant who made the following points.

·           The Barrow Waterfront site had been developed over a number of years and Barrow Borough Council had already used some of this for office workspace.

·           Outlined the funding from Cumbria Local Enterprise Partnership to further develop the site.

·           Despite the marketing of the site for  ...  view the full minutes text for item 114.

[Electoral Divisions: Various]

To consider a report from the Executive Director – Economy and Infrastructure (copy enclosed)

To note that these are applications that have recently been determined by the Executive Director – Economy and Infrastructure in accordance with the schemes of delegation.

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

[Electoral Divisions: Various]

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

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

[Electoral Divisions: Various]

To consider a report from the Executive Director – Economy and Infrastructure (copy enclosed)

To note the Committee’s Forward Plan.

RESOLVED,     that the Forward Plan be noted.

To receive confirmation as to whether the additional meeting currently scheduled for 20 March at 2.30pm at County Offices, Kendal will be required.

Due to local government reorganisation this would be the last meeting of the County Council Development Control & Regulation Committee.

The Chair thanked all members for all the time and effort they had expended during their time as members of the committee and to all the officers for their hard work and diligence whilst working for the County Council.

Members and officers then thanked the Chair and gave him a round of applause.