Agenda and minutes

To receive any apologies for absence.

Apologies for absence were received from Mr N Cotton, Mr T Markley and Mr J Mallinson

To note any changes in membership.

The following substitutions were made:

Mr Dobson for Mr Cotton

Mr Gawne for Mr Markley

Mr Roberts for Mr Mallinson

In relation to Agenda Item 6, Mr Roberts declared that he was a member of Whitehaven Town Council.

In relation to Agenda Item 16, Mr Turner declared that he was a member of the Lake District National Park Authority which would be considering part of the route at its next meeting. He decided to take part and vote at this meeting and would not take part in this item at the LDNPA meeting.

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 15 July 2022

Corrections:

Page 12, Minute 21, 3^rd paragraph. Replace receive with received.

Page 16, Minute 25, 5^th paragraph, 2^nd line. Delete extra ‘that’.

Page 17, Minute 27. Omission of mover and seconder (not recorded at the meeting).

Page 20, Minute 30. In title of report and 1^st paragraph second line, add in Application after 73.

RESOLVED that, subject to the corrections above, the minutes of the meeting held on 15 July be confirmed as a correct record.

[Electoral Divisions: All]

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

This 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 (as amended), or in part under the Fire Safety and Safety of Places of Sport Act 1987 (as amended).

A report was considered from the Executive Director – Economy and Infrastructure regarding Safety at Sports Grounds. The report gave an update on the current situation at the seven Sports Grounds which required Certification, either wholly under the Safety of Sports Ground Act 1975 (as amended), or in part under the Fire Safety and Safety of Places of Sport Act 1987 (as amended). It also advised on the work of the Safety of Sports Grounds Team carried out during 2022.

The Regulation and Compliance Officer guided members through the report.  Following a member question on what the minor faults were which had not been included in the report, the Chair asked members to contact the officer with any individual queries.

After being advised that inspections were announced, a member asked for assurance that administration procedures not being followed correctly was not symptomatic of more serious underlying issues. The Regulation and Compliance Officer explained that structural faults were the most important issues to resolve and officers focussed on these matters to ensure grounds were safe.

A member commented on the importance of member site visits to the grounds.

The Chair put the recommendation as set out in the report to members and it was agreed by assent of the Committee.

RESOLVED that, the Annual Report be received and noted by Members

[Electoral Division: Kirkby Stephen]

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

A report was considered from the Executive Director – Economy and Infrastructure regarding CA10/57 - Application to Correct the Register of Common Land; CL41 - Roundthwaite Common, Entry 11. The report advised that an application had been received from Albert William Morland to correct entry 11 of unit no. CL41 of the register of common land – Roundthwaite Common. The purpose of the report was to request Members to make a decision as to whether the application should be granted, and a correction made to the Council’s register of common land.

The Commons Registration Officer made her presentation using plans and photographs to explain the application.

Mr A Moore attended the meeting under Public Participation. He made the following points:

·         The officer report recommended that the application be rejected on the grounds of insufficient evidence and members could look at the evidence that did exist

·         There was a single application to register sheep cattle and horses to run with the land at Roundthwaite Farm, signed and verified by the applicant in 1969 under oath

·         The applicant said they signed two forms severing their right and this had no credibility at all

·         The second form dated 13 November 1969 is to apply a note to the Register to record a Right of Way over the land. This was signed by the applicant.

·         A letter from the applicant was dated 27 October 1969 stating ‘Enclosed Commons Registration (in the singular) and there was an application for a note to be made on the register’

·         The documents were compelling and easily met the burden of proof of ‘balance of probability’ that what was recorded in 1969 was exactly what was intended by all concerned and was, and is correct

·         The applicant had said that he had signed a number of forms but there was no evidence to support this

·         There was no compelling evidence

·         Mr Winder had consulted the register, spoke to a County Council officer and relied on the entries in the register when he bought the land in 2014

·         The applicant had given little evidence and if the register was amended then it would be incorrect

·         Mr Winder had exercised his rights since he bought the land.

·         The applicant had not brought forward evidence and on that basis the application should be rejected.

Mr Moore outlined the implications for Mr Winder should the Committee agree the application instead of rejecting it. After member queries, Mr Moore provided the definition of ‘run with the land’ and talked about whether the rights were attached to the whole farm.

Members were reminded to focus on whether a mistake had been made on the register and if so, was there evidence to support that a mistake had occurred.

It was noted that the registration took place over 40 years ago. A member asked why the application was being considered now. The Commons Registration Officer explained that there were two registration periods between 1967 and 1970 after which the register was closed and how only a  ...  view the full minutes text for item 42.

[Electoral Division: Belah]

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

A report was considered from the Executive Director – Economy and Infrastructure regarding the Wildlife and Countryside Act 1981 - Section 53 Application to Add Public Footpaths at Deer Park in the City of Carlisle.

The report advised that an application to add sections of public footpath at Deer Park in the City of Carlisle was presented to the Committee on 13 April 2022, when it was resolved that an order be made under section 53(3)(c)(i) of the Wildlife and Countryside Act 1981, the effect of which, if confirmed, would be to add the sections of public footpath at Deer Park in the City of Carlisle marked A-C-D-E-F and H-J-(K)-O-N-C as shown on the map annexed at Appendix B of the report to the County Council’s Definitive Map and Statement of Public Rights of Way. It was also resolved that if there were no objections to the made Order, Members authorise the Chief Legal Officer to confirm the Order. The Countryside Access Officer pointed out that unfortunately the committee were not advised that if the made order was objected to there was no option for the County Council other than to send the Order to the Secretary of State for their determination.

The Order was made on 17 May 2022 and was objected to by the landowner.

The Countryside Access Officer advised that no new information had been received from the Objector and there was nothing in the objection that cast doubt on the assessment in the previous Committee Report.

It was moved by Mr McGuckin and seconded by Mr McEwan that the recommendation as set out in the report be agreed.

The Chair moved to the vote which was cast as follows: 16 members in favour of the motion, 0 against and 0 abstentions. Mr Cassidy did not vote as he was not in the room for the full item.

RESOLVED that, Members authorise Officers to send the opposed Order to the Planning Inspectorate for the Secretary of State for the Environment, Food and Rural Affairs to determine whether or not the order should be confirmed.

[Electoral Division: Dalston and Burgh]

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

A report was considered from the Executive Director – Economy and Infrastructure regarding the Highways Act 1980 Section 119 Application to Divert Public Footpath Nos 114014 and 114015 Parish of Dalston: District of Carlisle. The report advised thatan application had been received to divert sections of public footpath no’s 114014 and 114015 at Greenhead in the parish of Dalston. The purpose of the report was to ask Members to reach a decision as to whether or not a diversion order should be made.

The Countryside Access Officer made his presentation using plans and photographs to explain the routes involved in the application.

A member asked to be assured that the landowner would not erect a fence to protect his livestock. The Countryside Access Officer advised that it was not the intention of the current landowner at present but the legislation does not prevent them from doing so in the future. He reported on the generous width of the path to be legally created which would help prevent narrowing and restriction of the path if it was ever to be fenced in.

Another member asked who owned the land when a footpath was created. The Countryside Access Officer said the applicant of this diversion was the landowner but in rare cases where a path was diverted on to other landowners property the legislation contained clauses allowing affected landowners to claim compensation.

It was moved by Mr McGuckin and seconded by Mr Morgan that the recommendation as set out in the report be agreed.

The Chair moved to the vote which was cast as follows: 16 members in favour of the motion, 0 against and 0 abstentions. Mr Cassidy did not vote as he was not in the room for the item.

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 a section of public footpath no 114014 from A-B to A-C and a section of public footpath no 114015 from D-E to D-F-G-H-E 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 Division: Penrith Rural]

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

A report was considered from the Executive Director – Economy and Infrastructure regarding the Highways Act 1980 Section 119 Application to Divert Public Footpath No 375003 Parish of Yanwath and Eamont Bridge: District Of Eden. The report advised that an application had been received to divert a section of public footpath no 375003 at Bridge Farm in the parish of Yanwath and Eamont Bridge. The purpose of the report was to ask Members to reach a decision as to whether or not a diversion order should be made.

The Countryside Access Officer made his presentation using plans and photographs to explain the route involved in the application.

There were no member questions or debate on this item.

It was moved by Mr Turner and seconded by Mr Morgan that the recommendation as set out in the report be agreed.

The Chair moved to the vote which was cast as follows: 16 members in favour of the motion, 0 against and 0 abstentions. Mr Cassidy did not vote as he was not in the room for the full item.

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 a section of public footpath no 375003 from A-B to A-C-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 Division: Cartmel]

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

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 Footpath at Penny Bridge Cartmel in the Parish of Lower Allithwaite: District of South Lakeland. The report advised that an application had been received to add a section of public footpath at Penny Bridge, Cartmel in the parish of Lower Allithwaite to the Definitive Map and Statement. A report had been presented to the Committee on 13 April 2022, when it was resolved that the item be deferred to a future meeting pending additional information. The purpose of the report was to present Members with the evidence regarding 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 made his presentation using plans and photographs to explain the application.

The Chair was interested in what would happen to the section A’-B if the application was rejected. The Countryside Access Officer explained that this section was already recorded on the 1980 Highways Act section 36 List of Streets as maintainable at the public expense so if the whole path was not added to the Definitive Map, it would still be protected.

Following member questions, the Countryside Access Officer advised on the location of the path in relation to the beck, confirmed that the bridge had been used to access the pub, addressed issues of public safety, explained that the Parish Council and South Lakeland District Council had discussed the removal of the bridge if the path was not to become a registered public right of way and confirmed the owner of the bridge was unknown.

The Countryside Access Officer reported that the bridge had been blocked up by local people five years ago adding that the installation of a new nearby bridge had been partly justified for this reason. The Chair explained to members the location of the new bridge.

A query was raised as to whether the Right of Way could stop before the bridge. The Countryside Access Officer explained that the County Council did not have any liability or authority in terms of the bridge and currently there was not a recorded Right of Way over the bridge.

The Countryside Access Officer advised that members could not amend the claimed  route.

Mr Morgan moved the recommendation as set out in the report and asked that the bridge be made safe in the interest of public safety. The Countryside Access Officer advised that the applicant could appeal to the Secretary of State if the application was rejected but reiterated that action to remove the bridge would be undertaken by the Parish and District Councils. Mr Morgan was satisfied with this course of action. The motion was seconded by Mr McGuckin.

After a member said it was important to pay regard to the views of the Parish Council he asked about the number  ...  view the full minutes text for item 46.

[Electoral Division: Lyth Valley]

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

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 in the Parish Of Helsington: District of South Lakeland. The report advised that an application had been received to add a section of public footpath at Helsington Underpass (A591) in the parish of Helsington. The purpose of the report was to present Members with the evidence regarding 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 made his presentation using plans and photographs to explain the route involved in the application.

A member referred to a photograph of the tunnel shown during the presentation and stated that it looked like part of ground was raised which looked like it was designed to be a footpath.

It was moved by Mr Morgan and seconded by Mr Betton that the recommendation as set out in the report be agreed.

The Chair moved to the vote which was cast as follows: 17 members in favour of the motion, 0 against and 0 abstentions.

RESOLVED that,  Members authorise the Chief Legal Officer to make an order under section 53(3)(c)(i) of the Wildlife and Countryside Act 1981, the effect of which, if confirmed, would be to add a section of public footpath as shown A-B-C-D-E on the map annexed at Appendix A to the County Council’s Definitive Map and Statement of Public Rights of Way.

If there are no objections to the made order Members authorise the Chief Legal Officer to confirm the order.

If there are objections to the made order, Members authorise the submission of the order to the Secretary of State for the Environment, Food and Rural Affairs for consideration as to whether or not the order should be confirmed.

[Electoral Divisions: Yewdale]

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

A report was considered from the Executive Director – Economy and Infrastructure regarding Application Reference No. 1/22/9004. Proposal: Extension including internal and external alterations to building to form a sixth form campus for pupils from James Rennie School. Location: Former St Edmunds Church, St Edmunds Park, Carlisle, CA2 6TS.

The Planning Officer made her presentation using plans and photographs to explain the application. It was noted that this application was not for a change of use to the building.

A member queried whether there were enough parking spaces. The Planning Officer confirmed there was adequate space for parking and drop off.

A member welcomed the new purpose for the building but expressed regret that the County Council was adopting flat roofs in a number of building designs as these could cause a number of issues. The Planning Officer talked members through the reasons for using flat roofs on buildings. It was noted that a pitch roof was not feasible on this design.

Officers were asked to raise members’ concerns about using flat roofs on building designs with colleagues.

It was moved by Mr Dobson and seconded by Mr Turner that the recommendation as set out in the report be agreed.

The Chair moved to the vote which was cast as follows: 17 members in favour of the motion, 0 against and 0 abstentions.

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

[Electoral Divisions: Cockermouth North]

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

Mr Betton, Mr Hamilton and Mr McEwan left the meeting during this item.

A report was considered from the Executive Director – Economy and Infrastructure regarding Application Reference No. 2/22/9004. Proposal: Extension and alteration of existing school to form a sixth form campus for pupils from Mayfield School, Whitehaven, including new vehicle turning circle and external works. Location: St Joseph's School, Mountain View, Cockermouth, Cumbria, CA13 0DG.

The Planning Officer made her presentation using plans and photographs to explain the application.

There were no questions on this application.

After explaining that the school needed the space, it was moved by Mr Turner and seconded by Mr Cassidy that the recommendation as set out in the report be agreed.

The Chair moved to the vote which was cast as follows: 14 members in favour of the motion, 0 against and 0 abstentions.

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

[Electoral Divisions: Aspatria]

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

A report was considered from the Executive Director – Economy and Infrastructure regarding Application Reference No. 2/22/9005. Proposal: Proposed extension and internal alterations to existing library to form Aspatria Community Hub. Location: Aspatria Library, West Street, Aspatria, Cumbria, CA7 3EZ.

The Lead Officer - Development Control made his presentation using plans and photographs to explain the application.

There were no questions on this item. There was no debate on this item.

It was moved by Mr  Bowness and seconded by Mr McSweeney that the recommendation as set out in the report be agreed.

The Chair moved to the vote which was cast as follows: 14 members in favour of the motion, 0 against and 0 abstentions.

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

[Electoral Divisions: High Furness]

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

With the agreement of the Committee, Agenda items 16 and 17 were swopped.

Mr Turner advised that he was a member of the Lake District National Park Authority’s (LDNPA) Planning Committee and was due to consider part of the route at its next meeting. He decided to take part and vote on this item but would not take part at the LDNPA meeting

A report was considered from the Executive Director – Economy and Infrastructure regarding Application Reference No. 5/22/9001. Proposal: A595 Grizebeck Improvement Scheme. Comprising the construction of a new 1.4km two-way, single carriageway replacement section of A595 incorporating a new A595/A5092 junction with bridge widening works; new or modified road junctions/access arrangements and agricultural access tracks; a new overbridge; shared use (cycleway/footway) paths; an underpass; plus additional modifications to the existing highway network; creation of drainage infrastructure (including drainage basins); landscaping (including habitat mitigation works) and associated engineering and ancillary operations. Location: Land between the villages of Grizebeck and Chapels.

The Manager Development Control and Sustainable Development gave a detailed presentation using plans and photographs to explain the application. He reminded members of the information provided at the Committee’s site visit. He talked members through the current issues on the road and in his conclusion explained that although there were harms related to the application, public safety overrode them. He commented positively on Capita’s public engagement sessions.

Mr N Griffiths from Capita and Mr M Robinson from Cumbria County Council were present to support the Manager Development Control and Sustainable Development in answering member questions.

A member living locally and familiar with the road commented that the road is not suitable for vehicles, in particular articulated lorries adding that part of the road went through farmyards. He understood the environmental impacts but considered public safety to be paramount.

After welcoming the development because of its socio economic benefits, a member asked if there would be any heritage issues or items that would need to be preserved. The Manager Development Control and Sustainable Development explained that there were some historical features which would be affected but these were not of significant importance and a condition was recommended relating to archaeological site recording work to mitigate the harm to heritage features.

A member highlighted the possibility of speeding traffic overtaking on the new road. He asked that consideration be given to spaces for speed vans in the design stage for the new road. The Workstream Project Manager, Capital Programmes reported on the liaison with the CRASH Group and committed to looking at this issue in the design stage.

In expressing his shock at the state of the road at Grizebeck village, a member welcomed that vehicle emissions would be reduced on the new road as vehicles would be driven at a steady speed rather than stopping and starting as at present. He queried whether the planned underpass would be high enough to accommodate tractors at Dove Ford Farm. The Workstream Project Manager, Capital Programmes talked about how after public consultation,  ...  view the full minutes text for item 51.

[Electoral Divisions: Ulverston East]

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

A report was considered from the Executive Director – Economy and Infrastructure regarding Application Reference No. 5/22/9002. Proposal: Creation of a Multi-Use Games Area (MUGA); comprising installation of a 4G Artificial Grass Surface on an existing hard-surfaced area, erection of floodlighting with ancillary infrastructure, new fencing and landscaping; and extended community use of the MUGA. Location: Ulverston Victoria High School, Springfield Road, Ulverston, LA12 0EB.

The Planning Officer made his presentation using plans and photographs to explain the application.

The Chair asked if there would be tree planting which would minimise light spread to the residential home close to the development. This was confirmed by the Planning Officer who advised that the relevant lighting guidelines had been followed.

Following member questions on lighting, the Planning Officer commented on the times of use of the MUGA and advised that responsibility for switching off lighting would be the responsibility of the school

A member asked about flooding. The Planning Officer advised there had been none in the area and explained that tree planting and the raised profile of the surface in comparison to its surroundings would ensure there was no flooding.

The Planning Officer was confident surrounding residents would not be affected by light spread.

It was moved by Mr Dobson and seconded by Mr Roberts that the recommendation as set out in the report be agreed.

The Chair moved to the vote which was cast as follows: 14 members in favour of the motion, 0 against and 0 abstentions.

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

[Electoral Divisions: Various]

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

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

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 Lead Officer - Development Control undertook to provide Mr Dobson with the date when the current planning permission expired at Snowhill Quarry No1

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

To note the Committee’s Forward Plan.

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

RESOLVEDthat, The Forward Plan be noted.

The next meeting will be held on 12 October 2022 at 10.00am at County Offices, Kendal.

The next meeting of the Committee will be held on 12 October 2022 at 10.00am, County Offices, Kendal