Agenda and minutes

Development Control and Regulation Committee - Friday, 9th October, 2020 9.00 am

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

Items
No. Item

168.

Roll Call and Apologies for Absence

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

Minutes:

The roll call of Committee members and officers was taken.

 

Apologies for absence were received from Mr N Cotton, Mr T Markley and Mr D Wilson.

169.

Changes in Membership

To note any changes in membership.

Minutes:

It was noted that Mr J Mallinson replaced Mr T Markley as a member of the Committee for this meeting only.

170.

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 Bingham questioned whether he had an interest in agenda item 7, CA13/27 Application to Register Land as Common Land; Land at Goose Holme, Kendal. He was a member of South Lakeland District Council who owned the land upon which Goose Holme Bridge was situated. After reassuring the legal officer that he had an open mind and had not yet predetermined the application, he was advised that he did not need to disclose an interest.

 

Mr A Bowness disclosed an interest in agenda item 6, planning application reference no. 1/19/9012.Proposal: Creation of Carlisle Southern Link Road (CSLR).Comprising of the construction of 8.1km of new two way single carriageway road (with 2.2km of climbing lanes) that incorporates 3 new road bridges; a combined cycleway/footway on the northern side of the road with 4x shared-use overbridges; 7x new or modified road junctions;  2x overbridges;  an underpass; related links and modifications to existing highway, cycleway, footpaths and agricultural access tracks; plus creation of drainage infrastructure (including balancing ponds), landscaping and lighting; and associated engineering and ancillary operations (including the associated demolition of 2 dwelling houses - Station House and Newbiggin View).Location: Corridor of land between Junction 42 of the M6 and the Newby West roundabout (junction of the A595 and A689 CNDR) to the south of Brisco, Durdar and Cummersdale villages, Carlisle. He had a cousin who he was close to who was involved in the planning application. His intention was to stay in the meeting but refrain from voting.

 

Mr G Cook disclosed an interest in agenda item 7, CA13/27 Application to Register Land as Common Land; Land at Goose Holme, Kendal as he lived 200 yards from the land in question. He was also a member of Kendal Town Council who had expressed a view on the application. His intention was to pass chairmanship of the meeting over to the Vice Chair for this item and not take part in the discussion or vote.

 

Mr J Mallinson disclosed an interest in agenda item 9 Highways Act 1980 Section 118 - Application to Extinguish Public Footpath no 119002 in the Parish of Irthington: District of Carlisle. He was the Local Member and had registered under the Public Participation Scheme to speak at the meeting. Subsequently he had been asked to substitute for Mr Markley at this meeting. He had taken a view and would therefore not take part or vote on the matter.

171.

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.

172.

Minutes

The minutes of the meeting held on 2 October 2020 will be submitted to the 11 November 2020 meeting.

Minutes:

The minutes of the meeting of the Committee held on 2 October 2020 would be confirmed at the November meeting of the Committee.

173.

PLANNING APPLICATION REFERENCE NO. 1/19/9012.Proposal: Creation of Carlisle Southern Link Road (CSLR).Comprising of the construction of 8.1km of new two way single carriageway road (with 2.2km of climbing lanes) that incorporates 3 new road bridges; a combined cycleway/footway on the northern side of the road with 4x shared-use overbridges; 7x new or modified road junctions; 2x overbridges; an underpass; related links and modifications to existing highway, cycleway, footpaths and agricultural access tracks; plus creation of drainage infrastructure (including balancing ponds), landscaping and lighting; and associated engineering and ancillary operations (including the associated demolition of 2 dwelling houses - Station House and Newbiggin View).Location: Corridor of land between Junction 42 of the M6 and the Newby West roundabout (junction of the A595 and A689 CNDR) to the south of Brisco, Durdar and Cummersdale villages, Carlisle. pdf icon PDF 4 MB

[Electoral Divisions: Dalston and Burgh, Wetheral]

 

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

Minutes:

As he had disclosed an interest earlier in the meeting, Mr Bowness did not take part or vote on this item.

 

A report was considered from the Executive Director – Economy and Infrastructure regarding planning application no. 1/19/9012.Proposal: Creation of Carlisle Southern Link Road (CSLR).Comprising of the construction of 8.1km of new two way single carriageway road (with 2.2km of climbing lanes) that incorporates 3 new road bridges; a combined cycleway/footway on the northern side of the road with 4x shared-use overbridges; 7x new or modified road junctions;  2x overbridges;  an underpass; related links and modifications to existing highway, cycleway, footpaths and agricultural access tracks; plus creation of drainage infrastructure (including balancing ponds), landscaping and lighting; and associated engineering and ancillary operations (including the associated demolition of 2 dwelling houses - Station House and Newbiggin View).Location: Corridor of land between Junction 42 of the M6 and the Newby West roundabout (junction of the A595 and A689 CNDR) to the south of Brisco, Durdar and Cummersdale villages, Carlisle

 

The Planning Officer gave a detailed presentation to members. Slides were shown to support the presentation and these covered the following:

 

·         The location and development proposal

·         Origins and objectives of the scheme

·         Geographic context

·         Scheme evolution

·         Project description

·         Update sheet (uploaded onto the County Council’s website)

·         Environmental Impact Assessment

·         Summary of key issues

·         Planning Conditions

·         Conclusion

·         Recommendation

 

Members were guided through the application in detail. They were given information on the regional and local highways context and the main water courses in the vicinity of the scheme. They were shown plans of how the scheme related to Carlisle and outlying settlements and plans showing the location and extent of designated nature conservation and heritage assets. A number of maps were presented showing the various route options explored by the Applicant. An overview was provided of the key elements of highway infrastructure proposed and their associate ancillary and mitigatory components. Information was presented on roundabouts and the elevations and locations of bridges. Plans were presented of the proposed road arrangements and landscaping.

 

A detailed briefing took place on a number of updates (update sheet uploaded onto the County Council’s website) to the scheme which included amendments to public rights of way and the scheme programme. A contextual update was given on St Cuthbert’s Garden Village. Members’ attention was drawn to clarifications, corrections, qualifications and miscellaneous minor errata to both the main report and Appendices 2, 5 and 6 as recorded on the update sheet.

 

A summary of the operational residual impacts was reported and the seven key planning issues were explained in detail by the Planning Officer. A list of the proposed planning Conditions were presented to members and the benefits and harm of the proposal were outlined. Finally, the recommendation, as set out in the report and as amended by the update sheet was reported to members.

 

The Chair invited members to ask questions of the Planning Officer.

 

A member expressed his concern about farming heritage sites in the area covered by  ...  view the full minutes text for item 173.

174.

CA13/27 Application to register land as common land; Land at Goose Holme, Kendal pdf icon PDF 178 KB

[Electoral Division: Kendal Nether]

 

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

 

Additional documents:

Minutes:

As he had declared an interest earlier in the meeting, the Chair passed chairmanship of the meeting over to the Vice Chair.

 

Vice Chair in the Chair.

 

A report was considered from the Executive Director – Economy and Infrastructure regarding CA13/27 Application to register land as common land; Land at Goose Holme, Kendal. An application had been received from the Open Spaces Society (OSS) to register land at Goose Holme, Kendal as common land. The report requested members to make a decision as to whether the application should be granted and a correction be made to the Council’s register of common land.

 

The Commons Registration Officer presented a number of slides in order to explain the application. The first slide showed a map of the application land and surrounding registered land. Other slides presented the criteria for the registration of land under Schedule 2 paragraph 2(b) (ii) of Part 1 of the Commons Act 2006 and the scheme for the regulation of Kirkland Common 1910. The last slide showed the 1910 Scheme Map superimposed on the map showing existing boundaries of CL153 Goose Holme side by side with the proposed new register map of CL153 Goose Holme.

 

The Commons Registration Officer explained when the application had been received and how it had been made under paragraph 2 of Schedule 2 of the Commons Act 2006 which allowed land previously omitted from registration to be registered as Common Land. She explained the Applicant’s reasons for the application, the legal tests applied to the application and she outlined the evidence supplied by the Applicant in order to support the application. Information was provided on the consultation process and the objections that had been received.

 

The Commons Registration Officer considered that that the application satisfied the legal test and requirements contained in legislation, that the land was not covered by buildings and was not within the curtilage of a building. She confirmed the reasons why the landowner’s consent was not required. She drew members’ attention to the report which outlined her considerations of the objections received. She concluded that after taking all the evidence into account, the land should be registered as Common Land.

 

The Commons Registration Officer addressed points which could be raised during the Public Participation section of the meeting. Firstly, that the land had not been mistakenly omitted from registration in 1970, but that an agreement had been made between the applicant and other parties to exclude the application land and to register the land currently registered as CL153. She reported that a copy of the 1970 letter from the then Commons Registration Officer which identified proposals on how the registration conflict could be resolved was not available, she had only seen responses to the letter and one of these had been presented to members as evidence. She stated that any agreement reached between the parties at that time was not a material consideration in the application before members.

 

In referring to possible suggestions that registering the land would delay  ...  view the full minutes text for item 174.

175.

HIGHWAYS ACT 1980 SECTION 119 - APPLICATION TO DIVERT PUBLIC BRIDLEWAY NO 311002 IN THE PARISH OF BROUGHAM: DISTRICT OF EDEN pdf icon PDF 3 MB

[Electoral Division: Penrith Rural]

 

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

 

Additional documents:

Minutes:

A report was considered from the Executive Director – Economy and Infrastructure regarding Highways Act 1980 Section 119 - Application to Divert Public Bridleway no 311002 in the Parish of Brougham: District of Eden. An application had been received to divert sections of public bridleway no 311002 at Ash Hill in the parish of Brougham. Members were asked to reach a decision as to whether or not an order should be made.

 

The Countryside Access Officer gave a presentation which provided members with a map showing the current location of the bridleway and the proposed diversion and photographs which showed the bridleway route and terrain of the area. The Countryside Access Officer talked members through the route of the present bridleway and why the applicant wanted to relocate the existing bridleway away from their buildings and vehicle access track. He talked about what the proposed diversion would entail, which included new gates and an access track. He explained the proposed new route, using the photographs presented. He asked that members accept the recommendation in the report, that the order to divert the public bridleway be made.

 

There were no member questions or discussion on this item. It was moved by Mr McGuckin and seconded by Mr Turner that the public bridleway be diverted.

 

A roll call vote was taken. Mr Mallinson advised that his online connection had dropped out and therefore he had not been present and connected for the full duration of the item. He did not vote on this item.  There was a unanimous vote in favour of the motion therefore it was,

RESOLVED that, pursuant to the power set out at Part 2G paragraph 2.1(g)(iii) of the Council’s Constitution, an order be made under Section 119 of the Highways Act 1980 to divert sections of public bridleway no 311002 in the parish of Brougham shown A-B to a new route A-E-F-G-H-I-J and C-D to a new route C-D as shown on the plan at Appendix A and that all necessary action be taken to confirm the order.

176.

HIGHWAYS ACT 1980 SECTION 118 - APPLICATION TO EXTINGUISH PUBLIC FOOTPATH NO 119002 IN THE PARISH OF IRTHINGTON: DISTRICT OF CARLISLE pdf icon PDF 3 MB

[Electoral Divisions: Houghton and Irthington]

 

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

 

Additional documents:

Minutes:

Mr Mallinson had disclosed an interest earlier in the meeting and did not take part in this item other than to make his statement.

 

A report was considered from the Executive Director – Economy and Infrastructure regarding Highways Act 1980 Section 118 - Application to Extinguish Public Footpath No 119002 in the Parish of Irthington: District of Carlisle. The County Council proposed to extinguish public footpath no 119002 in the parish of Irthington, Carlisle. Members were asked to reach a decision as to whether or not an order should be made.

 

The Countryside Access Officer presented a slide which showed the location of the footpath to be extinguished. He reported on the history behind the claiming of the footpath in 1950, the development of a dwelling over the footpath in 1958 and the recording of the footpath going through the dwelling in 1966. It was highlighted that in 1978, an Order was made under the Highways Act 1959 to extinguish the footpath but an objection had been made by the Ramblers. This had never been resolved. In 2019 there had been an attempt to resolve this situation by way of footpath diversion but this had not been possible. It was reported that no objections had been received as a result of recent consultations to extinguish the footpath.

 

A member highlighted that when the dwelling was built in 1958, the existence of the footpath should have been apparent when planning permission had been sought. The Countryside Access Officer advised that he thought that this would have been the case but this had been many years ago and there were different rules in force at that time. He thought that there had been confusion as to where the route was. As the Definitive Map was being developed at that time, it may have been possible that the route wasn’t public knowledge.

 

Public Participation

 

Mr Mallinson, a member of the Committee for this meeting made the following statement:

 

This is an opportunity to correct an anomaly that despite several aborted attempts, has endured for almost 50 years.

Irrespective of what a red line on a map might indicate, this footpath has never and could never have taken the diagonal line through the property known as the Rigg as marked on the Definitive Map. Whilst the bungalow was not built until the mid-1950’s there is a Victorian wall which separates the property from the public highway. On careful inspection, I can confirm that the wall has not been disturbed in any way since it was built all those years ago. Given the drop and the hedge at the back of the house it also seems remote that the footpath ever took the suggested route.

The actual line of the footpath exits onto the road via the garden of the house next door. Evidence can still be clearly seen. Sandstone gate posts are still in place and to the rear of the property, the entry point is still in evidence. Though in poor condition,  ...  view the full minutes text for item 176.

177.

HIGHWAYS ACT 1980 SECTION 119 - APPLICATION TO DIVERT PUBLIC FOOTPATH NO 336004 IN THE PARISH OF KIRKBY THORE: DISTRICT OF EDEN pdf icon PDF 3 MB

[Electoral Division: Penrith Rural]

 

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

Minutes:

A report was considered from the Executive Director – Economy and Infrastructure regarding Highways Act 1980 Section 119 - Application to Divert Public Footpath No  336004 in the Parish of Kirkby Thore: District Of Eden. An application had been received to divert a section of public footpath no 336004 at Kirkby Thore Hall in the parish of Kirkby Thore. Members were asked to consider whether or not an order should be made.

 

The Countryside Access Officer presented slides which showed a photograph and a map of both the current and proposed footpath diversion routes. He explained the reasons for the application were for privacy and security reasons as it was close to dwellings and went through grazing land. He reported on the work to be carried out for the diversion and that the costs would be paid by the Applicant. He stated that the new route would utilise a nearby access track of the former farm at Kirkby Thore Hall and provide an easier, more accessible barrier free alternative which would avoid passing through fields containing cattle.

 

There were no questions from members. It was moved by Mr Turner and seconded by Mr McEwan that the footpath be diverted. A roll call vote was taken. As there was a unanimous vote in favour of the motion, it was,

RESOLVED that, pursuant to the power set out at Part 2G paragraph 2.1(g) (iii) of the Council’s Constitution, an order be made under Section 119 of the Highways Act 1980 to divert a section of public footpath no 336004 in the parish of Kirkby Thore shown A-B to a new route C-D-B as shown on the plan at Appendix A and that all necessary action be taken to confirm the order.

178.

HIGHWAYS ACT 1980 SECTION 119 - APPLICATION TO DIVERT PUBLIC FOOTPATH NO 302094 IN THE PARISH OF ALSTON MOOR: DISTRICT OF EDEN pdf icon PDF 4 MB

[Electoral Divisions: Alston and East Fellside]

 

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

Minutes:

A report was considered from the Executive Director – Economy and Infrastructure regarding Highways Act 1980 Section 119 - Application to Divert Public Footpath No 302094 in the Parish of Alston Moor: District of Eden. An application had been received to divert a section of public footpath no 302094 at Wellgill Farm in the parish of Alston Moor. Members were asked to reach a decision on whether or not an order should be made.

 

The Countryside Access Officer presented slides which showed a map and photograph of the current and proposed short footpath diversion and photographs showing the terrain and proposed route from ground level. He explained that the reason for the application was to move the footpath which was obstructed in parts and located on a steep hillside. The proposed new footpath route was explained in detail, using photographs by way of explanation. The Countryside Access Officer explained that the proposed new section of footpath would utilise an existing short length of benched track of similar gradient to the rest of the existing route and was substantially as convenient as the existing route and with no loss of enjoyment. He asked that members approve the diversion.

A member asked whether the proposed diversion application was due to the relief of the land, particularly the slope on which it was currently located. The Countryside Access Officer agreed that this was the case with the proposed route being easier to use rather than the current one.

 

It was moved by Mr Wilson and seconded by Mr McEwan that the footpath be diverted. A roll call vote was taken and there was a unanimous vote cast in favour of the motion. Therefore it was,

RESOLVED that, pursuant to the power set out at Part 2G paragraph 2.1(g) (iii) of the Council’s Constitution, an order be made under Section 119 of the Highways Act 1980 to divert a section of public footpath no 302094 in the parish of Alston Moor shown A-B to a new route B-C as shown on the plan at Appendix A and that all necessary action be taken to confirm the order.

179.

Application Reference No. 1/20/9007.Proposal: Remove Condition 2 of Planning Permission Ref. 1/17/9010 so as to permanently retain the portacabin classroom building and variation of Condition 3 relating to the external material and installation of ramp for disabled access.Location: Norman Street Primary School, Norman Street, Carlisle, CA1 2BQ pdf icon PDF 390 KB

[Electoral Divisions: Currock]

 

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. 1/20/9007.Proposal: Remove Condition 2 of Planning Permission Ref. 1/17/9010 so as to permanently retain the portacabin classroom building and variation of Condition 3 relating to the external material and installation of ramp for disabled access. Location: Norman Street Primary School, Norman Street, Carlisle, CA1 2BQ.

 

The Planning Officer presented a number of slides which showed a site plan identifying the siting of the existing temporary portacabin, an aerial photo showing the existing permanent school buildings and surrounding dwelling properties and planting within the school grounds; an image of the school from Norman Street, photographs of the portacabin from close proximity and a slide showing the existing and proposed elevations of the portacabin. The Planning Officer explained how central Government policy supported development proposals at schools and confirmed that there was an urgent need for the additional teaching space at the school which the portacabin unit provided. He considered that planning permission should be granted, but not on the terms that had been requested as the building did not have sufficient design-life, design-fit or architectural quality to justify the grant of a permanent planning permission. Instead, he recommended that the building should remain subject to temporary planning permission for 10 years, the reasons for which were set out at paragraph 7.17 of the report.

 

A member referred to the school’s need to retain the portacabin. He queried whether an application for the funding of a permanent solution had been made and subsequently turned down as it may have been considered that there wasn’t a need for a permanent solution. He also questioned whether ten years planning permission could be classed as temporary. The Planning Officer reported that the school had advised that they had sought funding although he had not seen a formal application. In responding to the point whether ten years planning permission was temporary, the Planning Officer made comparisons with temporary planning permissions for quarries and landfill sites and how he tried to be proportionate in identifying the length of time for this particular temporary planning permission given the site context and circumstances. He commented on the school’s current and projected need for school places.

 

A member did not consider the portacabin to be a good solution and asked about the predicted lifespan of the structure. The Planning Officer outlined the possible lifespan of the structure and advised that a review of the suitability of the structure was possible in future. A member who had been a Governor at the school a number of years ago provided a short description of the site adding that the site was short on space. He considered that granting temporary planning permission would be a pragmatic solution and a sensible option.

 

It was moved by Mr Mallinson and seconded by Mr McEwan that temporary planning permission be granted, subject to the conditions appended to the report. A roll call vote was taken. Following a  ...  view the full minutes text for item 179.

180.

Applications Determined Under Delegated Powers pdf icon PDF 89 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 Acting 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.

181.

Applications Proposed to be Determined Under Delegated Powers pdf icon PDF 93 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:

A member referred to application nos 6/19/9007 and 6/19/9008 at Sinkfall Farm Waste Transfer Station at Barrow in Furness as it was near his division and he had seen people working on site.

 

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

182.

forward plan pdf icon PDF 75 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.

 

RESOLVEDthat, the Forward Plan be noted.

183.

Date and time of next meeting

The next meeting will be held on 11 November 2020 at 10.00am.

Minutes:

The next meeting of the Committee will be held on 11 November 2020 at 10.00am.

184.

Update Sheet circulated on 8.10.20 pdf icon PDF 183 KB