Agenda and minutes

Development Control and Regulation Committee - Friday, 19th February, 2021 10.00 am

Venue: This was a virtual meeting held on Teams

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

Items
No. Item

219.

Roll call and Apologies for Absence

To take the roll call and receive any apologies for absence.

Minutes:

Apologies for absence were received from Mr F Cassidy.

220.

Changes in Membership

To note any changes in membership.

Minutes:

There were no changes to membership on this occasion

221.

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:

There were no disclosures of interest made at the meeting.

222.

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 not be excluded during consideration of any items of business.

223.

Minutes pdf icon PDF 138 KB

To confirm as a correct record the Minutes of a meeting held on 19 January 2021.

 

Minutes:

Corrections to the minutes be made as follows:

 

Minute 207, Page 8 

Page 8 Minute 109 – change to Minute 190

 

Minute 208, Page 10

Paragraph 3 – First sentence to read ‘The officer responded to say thatthis’

Second sentence to read ‘all the appendices and maps submitted’

Paragraph 5 – First sentence to read ‘she was aware that there was a path around’

 

Minute 209, Page 11

Paragraph 7 – to read ‘The Commons Registration Officer wrote to the applicant’

Paragraph 10 second sentence, delete the extra ‘it’.

 

Minute 210, Page 15

Last Paragraph, last sentence – replace the word ‘address’ with ‘addressed’.

 

Minute 211, Page 16

First sentence replace the word ‘Environment’ with ‘Infrastructure’.

 

Minute 211, Page 19

Paragraph 5, second sentence – replace ‘left’ with ‘felt’

 

Minute 212, Page 20

Last Paragraph, first sentence - replace ‘by’ with ‘be’

 

Minute 212, Page 21

Paragraph 3 – replace ‘to’ with ‘of’. 

Paragraph 3 – replace ‘increasing’ with‘increase’.

 

A member asked for the definition of the work ‘remit’ as referred to in the Public Participant’s statement. This was defined for the Committee and no change was made to the minutes.

 

RESOLVED that, subject to the corrections above, the minutes of the meeting held on 19 January 2021 be confirmed as a correct record and signed by the Chairman.

224.

Application Reference No. 1/20/9009. Proposal: Erection of alternative provision facilities building. Location: Land adjacent to Edgehill Road, Harraby, Carlisle, CA1 3PQ pdf icon PDF 945 KB

[Electoral Division: Harraby North]

 

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

Minutes:

A report was considered from the Executive Director - Economy and Infrastructure regarding Application Reference No. Application Reference No. 1/20/9009. Proposal: Erection of alternative provision facilities building. Location: Land adjacent to Edgehill Road, Harraby, Carlisle, CA1 3PQ.

The Manager - Development Control and Sustainable Development guided members through the report. Members were reminded of the Committee’s meeting at which they had resolved to approve the application subject to no adverse comments being received by the end of the consultation period. By the end of the consultation period, an objection from Sport England had been received and therefore the application was returned for the Committee to reconsider.

The Manager - Development Control and Sustainable Development presented a number of slides showing the location of the site and the condition of surrounding land. Previous planning permissions on the site were reported. The history of the site being used by Newman School after Storm Desmond and as a car park was highlighted. A footprint of the development was presented.

Members were informed about the discussions that officers had undertaken with Sport England to try and resolve the issues they had with the development but these had remained unresolved. The issues discussed with Sports England were outlined in detail for the Committee.

The Manager - Development Control and Sustainable Development talked members through a summary of the evidence put forward to Sports England by the Applicant to support the application. This related to current sports provision which was available to the Carlisle community outside of school hours. Sports England’s responses were outlined for the Committee. The planning balance was explained to members.

Members’ attention was drawn to the Update Sheet which was circulated to members before the meeting. The Manager - Development Control and Sustainable Development reported that the Local Member, Cyril Weber and the Executive Director – People both supported the development as it would improve the learning outcomes for children. An email from Sports England referring to a decision where an open space was rejected as suitable for employment use was also drawn to members’ attention.

Members were asked to consider if the need for the development outweighed the objection of Sports England. Members were shown a slide outlining the issues considered by officers during the planning balance assessment.

A slide was presented showing the site plan considered by Thurrock Borough Council which Sports England considered to be a similar planning application (as referred to by Sports England in their email to officers which had been included in the Update Sheet). The Manager - Development Control and Sustainable Development talked the Committee through the Thurrock Borough Council planning application and advised on how it was different to the application before members. The Manager - Development Control and Sustainable Development did not think that this issue raised by Sports England was relevant to the planning application before members.

The Manager - Development Control and Sustainable Development talked about the consultation and discussions with Carlisle City Council. The Council considered that sports provision was  ...  view the full minutes text for item 224.

225.

Application Reference No. 1/20/9012. Proposal: Proposed extension to the north of Silvertop Quarry. Location: Silvertop Quarry, Hallbankgate, Brampton, CA8 2PE pdf icon PDF 621 KB

[Electoral Divisions: Irthing]

 

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

Minutes:

A report was considered from the Executive Director - Economy and Infrastructure regarding Application Reference No. Application Reference No. 1/20/9012. Proposal: Proposed extension to the north of Silvertop Quarry. Location: Silvertop Quarry, Hallbankgate, Brampton, CA8 2PE.

The Planning Officer took the members through the application in detail. The Planning Consultant on behalf of the Applicant was available to answer member questions in addition to the Planning Officer. Members’ attention was drawn to the Update Sheet which reported a change to the report at paragraph 7.2. The Planning Officer explained the application using slides which showed the site location, a location photograph giving the context of the site and an aerial view of the site. An explanation was provided of the extension area and how this related to the existing site and the material to be quarried. Details were provided on the restoration scheme. The planning history of the quarry since it started in 1953 was reported and the planning permissions previously granted were highlighted.  Detailed plans for the extension and its restoration and how it tied in with the existing permission was explained. The location of the boreholes and the geology model were shown. How wildlife would be supported was identified and the final restoration contours were presented. Views from the North Pennines AONB were shown. Members were informed that the site was located near Hadrian’s Wall World Heritage Site and the impacts of the development on this were highlighted. Land use in the area was noted. Consultation responses were outlined for members.  Information was provided about the relevant Planning Policies used in assessing the application and on the key impacts of the application. Impacts on the surrounding roads and how these impacts would be limited by planning conditions were reported.

A number of photographs were shown which detailed the landscape impacts of the extension area and existing site. Members were informed about the impact on biodiversity in the area and measures to be implemented to mitigate the impacts in the restoration plans. Four representations had been received during the consultation. The Planning Officer outlined the planning policy considerations given to the objections received.

The Planning Officer recommended that members grant planning permission. He detailed how the extension was supported by Planning Policy and would not impact further on the area and potential harm could be mitigated.

The Planning Consultant on behalf of the Applicant made a number of points as follows:

·         She commended the Officers report and thanked them for the help they had given in relation to the development

·         The extension would allow Thompsons to take out the final mineral reserve from the area surrounding Silvertop. 

·         Drilling and intrusive investigations had shown that there was no mineral in the undisturbed areas covered by the existing permission and the proposed extension area which is allocated in the adopted local plan

·         The Applicant was very aware of the location of the extension – near to the top of hill and potentially visible from Hadrian’s Wall to the north.  ...  view the full minutes text for item 225.

226.

Application Reference No. 1/20/9013. Proposal: Extensions to Unit B, remedial work to existing roof, c/w re-cladding of existing site walls. Location: North West Recycling, Unit B, Kingmoor Park, Rockcliffe Estate, Carlisle, CA6 4RW pdf icon PDF 462 KB

[Electoral Division: Longtown]

 

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

Minutes:

 A report was considered from the Executive Director - Economy and Infrastructure regarding Application Reference No. Application Reference No. 1/20/9013. Proposal: Extensions to Unit B, remedial work to existing roof, c/w re-cladding of existing site walls. Location: North West Recycling, Unit B, Kingmoor Park, Rockcliffe Estate, Carlisle, CA6 4R

The Planning Officer referred to the Update Sheet which members had received before the meeting had started. Members were informed of a further representation received after the circulation of the update sheet. This had been received from the Carlisle City Council Local Member for the Kingmoor and Belah Ward. The points raised in the representation were fully conveyed by the Planning Officer to the Committee. The Planning Officer considered that the points raised were covered in the report and the presentation to the Committee. He emphasised that the Applicant could continue to carry out operations under the current planning permission should the extension not be agreed by the Committee.

The Planning Officer commented on the Update Sheet circulated to the Committee in advance of the meeting. He referred to the two additional representations made since publication of the report which did not directly relate to the planning application before members. He informed members of the revised schedule of proposed conditions as set out in the Update Sheet and guided members through these for purposes of clarity and understanding.

Members were guided through the application and shown a number of slides. These included a location map and members were informed of land use and impact of the extension on the surrounding area. History of land use in the area was provided to the Committee and details were provided of the current activity on site. Details of the planning permission granted previously at the site was outlined. Members were informed of the proposed development should planning permission be granted. Slides were shown of the elevations of the extension and the materials to be used. The current condition of the unit, street views, topography and proposed screening was shown in the context of surrounding industrial estate and local roads. The drainage network and how the risk of pollution to local water courses would be reduced was highlighted. Vehicle and transport movements’ information was presented and residents’ concerns on this matter were reported.

After providing the synopsis of the issues raised and how they had been considered using Planning Policy Guidance and the appropriate legislation, the Planning Officer recommended that planning permission be granted subject to conditions.

The Planning Officer confirmed the hours of operation for clarification purposes.

A member asked what the current fire prevention arrangements were and if these would be improved and extended to incorporate the extension. The Planning Officer explained the current arrangements and these would be extended to the relevant areas. The same member asked how the contaminated land would be managed. He noted there would be no investigation undertaken and asked if members had to rely on the Applicant reporting this information to the Committee. The Planning Officer advised  ...  view the full minutes text for item 226.

227.

Application Reference No. 1/20/9014. Proposal: Installation of 36.18kW solar PV system on the roof of the building to consist of 6 panels on roof 1, 26 panels on roof 2, 40 panels on roof 3 and 6 panels on roof 4. Location: Robert Ferguson School, 11 East Dale Street, Carlisle, CA2 5LA pdf icon PDF 361 KB

[Electoral Division: Denton Holme]

 

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

Minutes:

A report was considered from the Executive Director - Economy and Infrastructure regarding Application Reference No. Application Reference No. 1/20/9014. Proposal: Installation of 36.18kW solar PV system on the roof of the building to consist of 6 panels on roof 1, 26 panels on roof 2, 40 panels on roof 3 and 6 panels on roof 4. Location: Robert Ferguson School, 11 East Dale Street, Carlisle, CA2 5LA.

The Lead Officer - Development Control guided members through the report and presented a number of slides showing and aerial photograph of the site and a diagram showing where the panels would be located. Photographs of the school, playing field and surrounding streets were displayed. The benefits to the school of installing the panels were reported. The impacts of the development were explained to members by way of photographs. The panels were considered to be unobtrusive and the Lead Officer - Development Control explained that the development was compliant with the Local Plan. In conclusion, he recommended that the Committee grant planning permission, subject to conditions.

After highlighting that the roof was situated close to the children’s play area, the Chair asked if the panels could be damaged by a ball as he did not want the play area to be restricted. The Lead Officer - Development Control acknowledged this point but highlighted the robustness of the panels and confirmed that they would be regularly inspected and maintained by the school.

Before moving the recommendation as set out in the report, Mr McGuckin asked why this was not an officer delegated decision. The Lead Officer - Development Control explained that as this was a Cumbria County Council planning application, there was a requirement in law to bring it before the Committee, regardless of whether or not there were objections to the development. The motion was seconded by Mr McEwan.

A roll call vote was taken and cast as follows: 16 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

228.

Applications Determined Under Delegated Powers pdf icon PDF 85 KB

[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.

Minutes:

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

229.

Applications Proposed to be Determined Under Delegated Powers pdf icon PDF 104 KB

[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.

 

Minutes:

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

230.

forward plan pdf icon PDF 78 KB

[Electoral Divisions: Various]

 

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

 

To note the Committee’s Forward Plan.

Minutes:

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

 

RESOLVED that, Forward Plan be noted.

231.

Date and time of next meeting

The next meeting will be held on 8 April 2021 at 10.00am.

Minutes:

The next meeting of the Committee will be held on 8 April 2021 at 10.00am.

232.

Update Sheet for 19.2.21 meeting pdf icon PDF 744 KB