Agenda and minutes

Development Control and Regulation Committee - Monday, 30th November, 2020 10.00 am

Venue: Please note that this will be a virtual meeting and therefore will not take place in a physical location. Please follow the links to view this event:

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

Items
No. Item

185.

Roll Call and Apologies for Absence

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

Minutes:

Before the meeting commenced, a minutes’ silence was held in respect of Councillor Joe Holliday, a long standing member of the Committee who had sadly recently passed away.

 

Apologies for absence were received from Mrs H Carrick and Mr K Hitchen.

186.

Changes in Membership

To note any changes in membership.

Minutes:

It was noted that Mr J Mallinson replaced Mrs H Carrick and Mr D Gawne replaced Mr K Hitchen as a member of the Committee for this meeting only.

187.

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 R Bingham declared an interest in Agenda Item 11 Highways Act 1980 Section 119 Application To Divert Public Footpath No 540005 Parish Of Kirkby Lonsdale as he was a School Governor at the school and the footpath crossed the school grounds. He stated that he would mute the audio on his laptop for this item.

 

Mr Cassidy, Mr Gawne, Mr Hamilton and Mr McEwan all declared an interest in Agenda item 13, Application Reference No. 6/20/9004. Proposal: Erection of alternative provision facilities building. Location: Site at Channelside, land off Ironworks Road, Barrow-in-Furness, LA14 2PG as they were all members of Barrow Borough Council.

188.

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.

189.

Minutes pdf icon PDF 621 KB

To confirm as a correct record the Minutes of the meetings held on:

 

a)    2 October 2020

b)    9 October 2020

 

Additional documents:

Minutes:

RESOLVED that, the minutes of the meeting held on 2 October 2020 and 9 October 2020 be confirmed as a correct record and signed by the Chairman.

 

A short discussion took place regarding member comments made in the minutes which were attributed to ‘a member’ and so were effectively anonymised. The Senior Democratic Services Officer would take this away and report back to a future meeting on whether member names should be in the minutes.

190.

CA10/45 – APPLICATION TO CORRECT UNIT CL20 OF THE REGISTER OF COMMON LAND – CALDBECK COMMON pdf icon PDF 171 KB

[Electoral Division: Thursby]

 

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 Ca10/45 – Application to Correct Unit Cl20 of the Register of Common Land – Caldbeck Common. The report requested that Members 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 Officer guided members through the application in detail. Members were provided with a timeline which explained the background of the case which stemmed from conveyancing errors made in 1987 in relation to grazing rights provisionally registered in 1968. Members were informed of both the Objector and Applicant’s views on the grazing rights matter in terms of what had happened historically and up to when the current application had been made. The Commons Officer, after applying the law to the facts and evidence of the application considered that the application had been validly made. He explained that evidence provided by the Applicant and his own research supported the claim that an error had been made by the registration authority and the error should be corrected.

There were no member questions on this item.

 

A number of members stated that the timeline had been a useful tool in conjunction with the report in order to arrive at a decision on the application.

 

It was moved by Mr McGuckin and seconded by Mr McEwan that the recommendation as set out in the report be agreed. A roll call vote was taken with 17 members in favour of the motion, 0 against and 0 abstentions.

RESOLVED that, the Committee accepts the application and corrects the Register of Common Land for the reasons contained within this report and on the specific ground that Cumbria County Council as Commons Registration Authority made a mistake when updating the commons register on 25th July 2018 under the Commons Act 2006.

191.

Highways Act 1980 Section 119 Proposed Diversion of Public Footpath No 336011 Parish of Kirkby Thore pdf icon PDF 4 MB

[Electoral Division: Kirkby Thore]

 

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 Proposed Diversion of Public Footpath No 336011 Parish of Kirkby Thore. The report advised that an application had been received by the County Council to divert a section of public footpath no 336011 at Newbiggin Road in the parish of Kirkby Thore District of Eden. Members were asked to reach a decision as to whether or not an order should be made.

The Countryside Access Officer guided members through the application in detail. He showed slides of the area on a plan and the location of new furniture. The proposed surfacing was highlighted.

Members were informed that the section of public footpath to be diverted ran across open pastureland to meet the highway opposite the village school and the Applicant Developer wished to divert the path to accommodate a small housing development. The Countryside Access Officer explained the new furniture and surfacing that would be in situ should the application be agreed. It was noted that the costs would be borne by the Applicant and no objections had been received to the application. The Countryside Access Officer considered that the proposed diversion would not prove to be substantially less convenient to use and asked members to approve the application.

It was moved by Mr McEwan and seconded by Mr Turner that the recommendation as set out in the report be agreed. Mr Mallinson stated that his live link to the meeting had dropped out during this item and would therefore not vote.

A Roll Call vote was taken as follows: 16 members in favour of the motion, 0 against and 0 abstentions. There were no questions or debate on this item therefore the matter was decided in accordance with the reasons as set out in the report.

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 336011 in the parish of Kirkby Thore shown A-B to a new route A-C-D-E as shown on the plan at Appendix A in the report and that all necessary action be taken to confirm the order.

192.

Highways Act 1980 Section 119 Proposed Diversion of Public Footpath No 105014 Parish of Brampton pdf icon PDF 4 MB

[Electoral Division: Brampton]

 

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

Minutes:

A report was considered from the Executive Director - Economy and Infrastructure regarding the Highways Act 1980 Section 119 Proposed Diversion of Public Footpath No 105014 Parish of Brampton. Members were advised that an application had been received by the County Council to divert a section of public footpath no 105014 at Unity Farm in the parish of Brampton. This could be done under Section 119 of the Highways Act 1980. Consultations had taken place in order to assist members reach a decision as to whether or not a diversion order should be made.

The Countryside Access Officer guided members through the application in detail. Members were shown a plan showing the footpath to be extinguished and that to be created and the reasons for the application. A number of photographs were presented showing the current footpath location and route and where it would be moved to. It was noted that all costs would be paid for, the Applicant would pay all costs and the application passed the legal tests.

A member asked that future applications being considered by the Committee be supported by photographs as it made the applications clearer to understand. The Countryside Access Officer advised that this would be the case where possible.

It was moved by Mr Turner and seconded by Mr Markley that the recommendation as set out in the report be agreed. A Roll Call vote was taken as follows: 17 members in favour of the motion, 0 against and 0 abstentions.

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 105014 in the parish of Brampton A-B to a new route A-C-B as shown on the plan at Appendix A of the report and that all necessary action be taken to confirm the order.

193.

HIGHWAYS ACT 1980 SECTION 119 APPLICATION TO DIVERT PUBLIC BRIDLEWAY NO 567008 PARISH OF SCALTHWAITERIGG pdf icon PDF 5 MB

[Electoral Division: Upper Kent]

 

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

Minutes:

A report was considered from the Executive Director  - Economy and Infrastructure regarding the Highways Act 1980 Section 119 Application To Divert Public Bridleway No 567008 Parish Of Scalthwaiterigg. Members were informed that the County Council had received an application  to divert a section of public bridleway no 567008 at Laverock Wood in the parish of Scalthwaiterigg. This could be done under Section 119 of the Highways Act 1980. Consultations had taken place in order to assist members to reach a decision as to whether or not a diversion order should be made.

The Countryside Access Officer guided members through the application in detail. Members were shown a plan of the route of the current bridleway and of that to be created. An explanation of the old and new route was supported by photographs. The Countryside Access Officer explained that the new route would be of high quality for users. Members’ attention was drawn to Cumbria and Lakes Joint Local Access Forum response to the consultation. They had indicated that they supported the general principle of the diversion of the bridleway from A-B in front of the house, but diversion C-D was not supported due to the potential danger at D where it would join the road on a blind bend. Consequently, the site was revisited to check the vision splays at the roadside termini of both routes. The Countryside Access Officer considered that the proposed diversion was substantially as convenient and equally enjoyable as the existing bridleway as it was of similar length, direction, surface provision, gradient, elevation change and accessibility to existing route. He considered the route to pass the legal tests and asked members to support the application.

The Chair advised that horse riders could use the new Bridleway so questioned who would maintain the trees and shrubs so that there would be adequate access. The Countryside Access Officer advised that the new route would have to be cleared and the landowner would be responsible for clearing blockages. The County Council would have the power to instruct the landowner to clear the bridleway if necessary.

A member noted the Objector’s comment that the new route would be less pleasant. He considered this to be a subjective comment and his personal view was that it would be a better and safer route than that currently in use. The Countryside Access Officer advised on his visit to the area, highlighting his review of the current location which included the walls and hedges. He considered that a new route would improve visibility and was an improvement to the current route.

A member referred to what he thought to be a gap between B and D on the route. The Countryside Access Officer explained that this related to where the bridleway would go onto a vehicular carriageway. The Countryside Access Officer explained that surface maintenance would be the responsibility of the Highway Authority and vegetation clearance would be at the cost of the Applicant. The member expressed that  ...  view the full minutes text for item 193.

194.

HIGHWAYS ACT 1980 SECTION 118 - APPLICATION TO EXTINGUISH PUBLIC FOOTPATH NO 302151 IN THE PARISH OF ALSTON MOOR: DISTRICT OF EDEN pdf icon PDF 4 MB

[Electoral Division: Alston Moor]

 

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

Minutes:

A report was considered from the Executive Director - Economy and Infrastructure regarding the Highways Act 1980 Section 118 - Application to Extinguish Public Footpath No 302151 in the Parish of Alston Moor: District Of Eden. Members were informed that the County Council proposed to extinguish public footpath no 302151 at Haggs Bank in the parish of Alston Moor District of Eden. This could be done under Section 118 of the Highways Act 1980. Consultations had taken place in order to assist members to reach a decision as to whether or not an order should be made.

The Countryside Access Officer explained in detail why the County Council proposed to extinguish the footpath at Haggs Bank. He presented slides showing an overhead view of the location and explained the terrain. Members’ attention was drawn to existing rights of way in the vicinity of the footpath in question. Members were advised that all costs would be paid by the Applicant. The objection made by the Cumbria and Lakes Joint Local Access Forum was outlined for members.

As the pasture (where the current route to be extinguished) was bordered on three sides by other public footpaths and a public highway on the fourth, the Countryside Access Officer considered that the extinguishment of the short length of footpath would not detract from the convenience or enjoyment of the footpath network in the area.  Additionally, alternative paths had similar or better surfaces than the path to be extinguished and were visibly more obvious on the ground. The Countryside Access Officer was satisfied that all legal tests had been met and asked members to approve the recommendation as set out in the report.

A member drew the Committee’s attention to the list of Consultees in the report. Carlisle City Council had been named as a consultee however, Alston was located in Eden. The member asked if the correct District Council had been consulted and if it was incorrect could the decision be challengeable. The Countryside Access Officer undertook to check this.

The Director of Planning – DWF Law LLP advised that it would be prudent to defer the application to a future meeting in order for the check to be made that the correct District Council had been consulted. The Manager Development Control and Sustainable Development concurred with this advice.

Mr Bingham moved that the application be deferred to a future meeting. This was seconded by M Mallinson.

A roll call vote was taken to defer the application to a future meeting and was cast as follows: 16 members in favour, 0 against and 1 abstention. When voting, a member raised that he had wished to speak therefore had abstained from the vote and another member considered that the Chair had the power to defer the item rather than proceed to a vote.

RESOLVED that, the application be deferred to a future meeting of the Committee.

195.

HIGHWAYS ACT 1980 SECTION 119 APPLICATION TO DIVERT PUBLIC FOOTPATH NO 540005 PARISH OF KIRKBY LONSDALE pdf icon PDF 5 MB

[Electoral Division: Sedbergh and Kirkby Lonsdale]

 

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

Minutes:

As he had declared an interest earlier in the meeting, Mr Bingham did not take part in this item and did not vote.

A report was considered from the Executive Director - Economy and Infrastructure regarding the Highways Act 1980 Section 119 Application to Divert Public Footpath No 540005 Parish of Kirkby Lonsdale. Members were informed that an application had been received by the County Council to divert a section of public footpath no 540005 at Queen Elizabeth School in the parish of Kirkby Lonsdale. This could be done under Section 119 of the Highways Act 198. Consultations had taken place in order to assist members to reach a decision as to whether or not a diversion order should be made.

The Countryside Access Officer guided members through the complex application in detail. He presented a location plan of the current and proposed routes and overlaid a map showing a proposed development at the school. He that informed members that the present legally recorded route of the footpath was already obstructed by a building at the school even before a recent development had commenced and despite responses to the planning application recommending the footpath be diverted under Section 257 of the Town and Country Planning Act 1990 to rectify the historic obstruction, no diversion application had been submitted. Members were advised of a stair set to be included in the new route diversion. It was noted that the Applicant would pay the associated costs and no objections had been received to the application. The Countryside Access Officer considered that the surface improvements and safety provisions for the new route made it not substantially less convenient as the existing route andthe increased accessibility would result in no loss of enjoyment to a wider sector of the public. Members were asked to agree the recommendation as set out in the report.

There were no member questions.

Mr Cotton explained that he was familiar with the site and commented that the proposed route looked complicated but it would be possible to follow a more direct route so would be more convenient for walkers. He considered it useful to have an alternative route in place. He was surprised that the current route hadn’t already been rerouted. He moved the recommendation as set out in the report.

Mr McGuckin stated that he had used the route and advised that it allowed access the A65. He considered that any public rights of way across school grounds were problematical and should all be rerouted in future. He seconded the motion.

A member asked for clarification what the lines were beyond D. It was confirmed by the Countryside Access Officer that this was a vehicular route linking car parks and was not steps.

 A roll call vote was taken on the motion and was cast as follows: 16 members in favour, 0 against and 0 abstentions (Mr Bingham did not vote).

RESOLVED that, that, pursuant to the power set out at Part 2G paragraph 2.1(g)(iii) of  ...  view the full minutes text for item 195.

196.

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 553 KB

[Electoral Division: Harraby North]

 

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. 1/20/9009. Proposal: Erection of alternative provision facilities building. Location: Land adjacent to Edgehill Road, Harraby, Carlisle, CA1 3PQ.

The Lead Officer - Development Control guided members through the planning application. He explained what the facility was for and presented slides showing the location of the site. An aerial photograph was shown of the site. Members were informed that site area was land allocated for residential properties in the latest Carlisle Local Plan so there was conflict as the development was for educational purposes. Officers had therefore taken a view on whether the development was acceptable in principle and this had been detailed in the report. The Lead Officer - Development Control advised that on balance, taking into account the land still available for housing and the benefits of the proposal, it was an acceptable use of the land. The site was explained from various view-points. A site plan showing the building, car parking and access for vehicles was outlined. It was considered that the development would have limited vehicle impact. Flood risk to the development was explained as was the construction of the building and visual impact. The drainage plan was outlined to the Committee. A number of secondary issues were outlined such as the contaminated land assessment and the impact on heritage and ecology. These would be addressed by condition.

Members’ attention was drawn to the update sheet circulated before the meeting and published on the County Council’s website. The Lead Officer - Development Control stated that the planning application had been publicised and the notice for the publicity would not expire until 5 December 2020. If members approved planning permission then the Decision Notice would not be published until after that date. No adverse comments had been received to date but if any were received before 5 December then the application would be brought back to a future meeting of the Committee.

A member asked about the mature trees which surrounded and enhanced the site and whether they would be protected and enhanced. The Lead Officer - Development Control confirmed that this would be addressed by condition.

In terms of parking and pick up/drop off times, a member asked if consideration had been given to a parking zone and double yellow lines outside of the school. The Lead Officer - Development Control stated that the view of Highways Officers was that the addition of yellow lines outside the site would be separate to the regulation order. Officers had considered that the one way system would allow drop off/pick up to be undertaken within the school boundary.

A member drew attention to the response of Cumbria Constabulary in terms of security fencing around the site. The member referred to the current parking issues relating to attendees using the 3G sports facility opposite the proposed development. He was aware of an arrangement to have the school secured from the car park and the County  ...  view the full minutes text for item 196.

197.

Application Reference No. 6/20/9004. Proposal: Erection of alternative provision facilities building. Location: Site at Channelside, land off Ironworks Road, Barrow-in-Furness, LA14 2PG pdf icon PDF 383 KB

[Electoral Division: Hindpool]

 

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. 6/20/9004. Proposal: Erection of alternative provision facilities building. Location: Site at Channelside, land off Ironworks Road, Barrow-in-Furness, LA14 2PG.

The Lead Officer - Development Control guided members through the application in detail. A location map was presented showing the site. What the development would be used for was explained. Members were informed that the site was allocated as an opportunity site in the Barrow Local Plan. An aerial photograph showed the mixed land use and the access to the site. It was noted that educational use was not currently identified as an acceptable type of land use in this area however, the development did not cover the whole site so the remaining area could be used for other acceptable developments. Photographs were shown in order to give members the context of land use in the area. The volume of traffic and the drainage plan for the area was reported. It was noted that the area was underdeveloped and if granted planning permission, could attract further development in the area. The Lead Officer - Development Control considered that the development in the area was acceptable.

Members’ attention was drawn to the Update Sheet which had been circulated before the meeting and uploaded onto the County Council website. Two additional recommendations had been included on the Update Sheet which members were asked to agree. The Committee was informed that United Utilities had amended their consultation response which related to the discharge of surface water and the Applicant had addressed the matter. The additional conditions, as recorded in the resolution and the reasons for their addition to the planning permission were reported.

Other impacts of the development were outlined in detail. These included the design of the building and the visual impact on the surroundings. It was highlighted that the area was a rare habitat so landscape plans had therefore been included in the conditions to minimise impact. Issues relating to site contamination and how they could be addressed by planning conditions were noted. The Lead Officer - Development Control recommended that planning permission be granted for the development subject to conditions and the additional two conditions in the Update Sheet.

A member asked about security on site. He asked whether the fencing on the west side of the site would stop access from the promenade into the school grounds and if the gate on the access road could be closed outside of school hours. The Lead Officer - Development Control advised that a modern mesh fence would secure the isolated site but was unaware if there was gate which could be closed.

A Barrow member of the Committee thanked officers for their work adding that current provision was in a housing complex. He welcomed the development at the proposed site.

Mr Cassidy, Mr Gawne, Mr Hamilton and Mr McEwan all declared an interest as they were currently members of Barrow Borough Council.

Another member of the  ...  view the full minutes text for item 197.

198.

Applications Determined Under Delegated Powers pdf icon PDF 86 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.

199.

Applications Proposed to be Determined Under Delegated Powers pdf icon PDF 92 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.

200.

forward plan pdf icon PDF 97 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.

 

The Manager Development Control and Sustainable Development drew members’ attention to the planning application at High Close Quarry, High Close Farm, Plumbland, Aspatria, Wig ton, CA7 2HF. He explained about the historical planning permission that had been granted and how shortly it would need to be reviewed. Local residents had raised their concerns so it was anticipated that when the planning application came before the Committee there would be significant numbers of public participation.

 

Members were informed that there would be a training session on the procedural pitfalls of s73 planning applications on the rise of the Committee’s meeting on 19 January 2021

 

RESOLVED that, the Forward Plan be noted.

201.

Date and time of next meeting

The next meeting will be held on 19 January 2021 at 10.00am.

Minutes:

The next meeting of the Committee will be held on 19 January 2021 at 10.00am. This will be a virtual meeting.

202.

2020-11-30 Update Sheet pdf icon PDF 100 KB