Agenda and draft minutes

Development Control and Regulation Committee - Tuesday, 10th August, 2021 10.00 am

Venue: Cumbria House, Botchergate, Carlisle, Cumbria CA1 1RD

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

Items
No. Item

256.

Apologies for Absence

To receive any apologies for absence.

Minutes:

Apologies for absence were received from Mrs B Gray, Mr K Hitchen and Mr T Markley.

257.

Changes in Membership

To note any changes in membership.

Minutes:

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

258.

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.

259.

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.

260.

Minutes pdf icon PDF 614 KB

To confirm as a correct record the Minutes of a meeting held on 28 June 2021.

 

Minutes:

Corrections:

 

19 February 2021, Minute 226, page 19, last bullet point. Add ‘s’ to ‘resident’.

 

28 June 2021

 

Minute 238, page 10, Resolution, last line. Insert ‘type’ between ‘a’ and ‘specified’. This resolution had been cut and pasted from the report into the minutes. It was confirmed by the Director, Planning – DWF Law LLP that it was missing from the report considered by the Committee.

 

Minute 249, page 28, 7th line. Remove sentence starting ‘Interventions’ to the full stop on line 9.

 

RESOLVED that, subject to corrections above, the minutes of the meeting held on 28 June 2021 be confirmed as a correct record and signed by the Chairman.

261.

WILDLIFE & COUNTRYSIDE ACT 1981 - SECTION 53 APPLICATION TO ADD A PUBLIC RIGHT OF WAY LINKING BURGH ROAD AND PUBLIC FOOTPATH 109071: CITY OF CARLISLE pdf icon PDF 2 MB

[Electoral Division:Belle Vue]

 

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 Wildlife and Countryside Act 1981 - Section 53 Application to add a Public Right of Way Linking Burgh Road and Public Footpath 109071: City of Carlisle. The report advised that an application had been received to add a footpath linking Burgh Road with public footpath no 109071 in the City of Carlisle, to the County Council’s Definitive Map and Statement of Public Rights of Way. Members were asked to make a decision on whether to proceed with the next stage of the process by making a legal order.  

 

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

 

A member highlighted that although the path was physically closed, this did not alter the legal existence of the path.

 

Points raised by members as to whether an archaeological survey had been undertaken, the distance to an alternative path if the path was blocked or whether the path linked to the Carlisle Northern Development Route were not deemed to be relevant to consideration of the application.

 

It was confirmed for members that the footpath would run through the future housing development.

 

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

 

Mr Betton moved that the footpath be retained as it was a route directly to the river and was therefore used for exercise which he considered to be very important. He raised that there was clear evidence that the footpath was used therefore in future, other footpath users could submit evidence of its use. There was no seconder for the motion and it therefore fell.

 

The Chair moved to the vote which was cast as follows: 15 members in favour of the motion, 1 against, 0 abstentions.

 

RESOLVED that, the application to add a section of public footpath linking Burgh Road with public footpath no 109071 in the City of Carlisle be rejected

262.

HIGHWAYS ACT 1980 SECTION 119 - APPLICATION TO DIVERT PUBLIC BRIDLEWAY NO 251030 IN THE PARISH OF SEBERGHAM: DISTRICT OF ALLERDALE pdf icon PDF 1 MB

[Electoral Division: Thursby]

 

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

Minutes:

Mr Bingham was not in the meeting for this item.

A report was considered from the Executive Director - Economy and Infrastructure regarding the Highways Act 1980 Section 119 - Application to Divert Public Bridleway no 251030 in the Parish of Sebergham: District of Allerdale. The report advised that an application had been received by the County Council to divert a section of public bridleway no 251030 at Dentonside in the parish of Sebergham District of Allerdale. Members were asked to reach a decision as to whether or not an order should be made.

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

There were no questions or debate on this item.

It was moved by Mr Turner 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: 15 members in favour of the motion, 0 against and 0 abstentions. Mr Bingham did not vote on this 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 bridleway no 251030 in the parish of Sebergham shown A-B to a new route A-B as shown on the plan at Appendix A and that all necessary action be taken to confirm the order.

263.

HIGHWAYS ACT 1980 SECTION 119 - APPLICATION TO DIVERT PUBLIC BRIDLEWAY NO 311002 IN THE PARISH OF BROUGHAM: DISTRICT OF EDEN pdf icon PDF 1 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 the Highways Act 1980 Section 119 - Application to Divert Public Bridleway No  311002 in the Parish of Brougham: District of Eden. The report advised that an application had been received by the County Council to divert sections of public bridleway no 311002 at Ash Hill in the parish of Brougham: District of Eden. A similar Order had been made under Section 119 of the Highways Act 1980 on 10 November 2020 to divert public footpath no 311002 in the parish of Brougham on behalf of the affected landowner. Since the Order had been made, the applicant had built the route of the proposed diversion on the wrong alignment. Member approval was sought on whether or not to abandon the Order.

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

Following a member question, the Countryside Access Officer advised on the reason why the footpath had been incorrectly placed on the ground.

There was no debate on this item.

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

The Chair moved to the vote which was cast as follows: 15 in favour of the motion, 0 against and 0 abstentions. Mr Bingham did not vote as he had not been present in the room for the whole item.

RESOLVED that, the County Council abandon the order made under Section 119 of the Highways Act 1980 on 10 November 2020 to divert public bridleway no 311002 in the parish of Brougham and that the applicant and all those who made representations or objections be informed; and

 

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 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 B and that all necessary action be taken to confirm the order.

264.

HIGHWAYS ACT 1980 SECTION 119 - DIVERSION OF PUBLIC FOOTPATHS NOS 302003 & 302114 IN THE PARISH OF ALSTON MOOR: DISTRICT OF EDEN pdf icon PDF 3 MB

[Electoral Division: 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 the Highways Act 1980 Section 119 - Diversion of Public Footpaths Nos 302003 and 302114 in the Parish of Alston Moor: District of Eden. The report advised that the County Council had made an Order under Section 119 of the Highways Act 1980 on 26 September 2014 to divert public footpath no 302003 and 302144 at Snappergill in the parish of Alston Moor, on behalf of the affected landowner. Since the Order was made the applicant had failed to carry out the required works to enable the Order to be confirmed. Member approval was sought on whether or not to abandon the Order.

The Countryside Access Officer made their presentation using plans and photographs to explain the application and presented the Order signed in 2014.

Questions were raised on whether planning permission had lapsed on the building, on the route currently being used and if there was legal status on the routes. The Countryside Access Officer confirmed that the proposed new route had no legal status, was not used, had no signage and was inadequate for use by the public. He also confirmed that the existing routes that were proposed for extinguishment would continue to have full public legal status if the order was abandoned. He stated that the housing development had not yet commenced. He commented on the lack of response from the developer to his queries.

Following a question on whether a similar application could come before the Committee in future, the Countryside Access Officer explained that it was always possible but that the team would ensure that any new Rights of Way furniture was built and installed to adoptable standard before a diverted path could replace another existing path.

A member expressed his concerns over the safety of the bridge and asked how this could be addressed. The Countryside Access Officer commented on the current state of the bridge and undertook to take advice on who had liability for the bridge and, if it was the County Council, that all actions necessary be taken to remove the bridge.

After reflecting on the length of time to resolve this matter, a member suggested that a Programme containing information about long term footpath issues which had not yet been resolved be brought before the Committee so there was regular member scrutiny of the cases. The Countryside Access Officer commented on the rarity of this case with both he and the Manager - Development Control and Sustainable Development talking members through the process of undertaking Parish Surveys to ascertain the condition of Rights of Way. The Manager - Development Control and Sustainable Development undertook to present a short report on an ad hoc basis on long term Footpath issues.

A short discussion took place on the rights of the landowner to block the old footpath and on whether the granting of planning permission had been given on the understanding that the footpath diversion was in  ...  view the full minutes text for item 264.

265.

HIGHWAYS ACT 1980 SECTION 119 - APPLICATION TO DIVERT VARIOUS PUBLIC FOOTPATHS AT BARROW HOUSE FARM IN THE PARISH OF DALTON TOWN WITH NEWTON: DISTRICT OF BARROW IN FURNESS pdf icon PDF 1 MB

[Electoral Division: Dalton South]

 

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 the Highways Act 1980 Section 119 - Application to Divert Various Public Footpaths at Barrow House Farm in The Parish of Dalton Town with Newton: District of Barrow in Furness. The report advised that an application had been received by the County Council to divert sections of public footpath numbers 602006, 602007, 602008 and 602009 at Barrow House Farm in the parish of Dalton Town with Newton: District of Barrow in Furness. Members were asked to reach a decision as to whether or not an Order should be made.

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

Following member questions relating to the Applicant paying for all costs even though they only owned the majority of the land and who would be responsible for future maintenance of the route, the Countryside Access Officer explained how costs would be apportioned and explained the responsibility of each landowner to maintain the footpaths on their land.

Local Member Mr English welcomed the diversions as historically, the area had been heavily mined. He commended the Applicant on his support to the community and the improvements he had made to the area.

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

The Chair moved to the vote which was cast as follows: 16 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:

·         that section of public footpath no 602006 in the parish of Dalton with Newton A-B to a new route A-C-D-E-F-G-H-B; 

·         that section of public footpath no 602007 in the parish of Dalton with Newton I (N-R-O)-J to a new route I-K-L-M-J; 

·         that section of public footpath no 601008 in the parish of Dalton with Newton N-O to a new route E-P-O-J; and 

·         that section of public footpath no 601009 in the parish of Dalton with Newton Q-R to a new route Q-L 

As shown on the plan at Appendix B of the report and that all necessary action be taken to confirm the order.

266.

Application Reference No. 3/21/9006. Proposal: Erection of Portable Classroom Building on the Playground. Location: Clifton Primary School, Clifton, Penrith, CA10 2EG pdf icon PDF 392 KB

[Electoral Division: Penrith Rural]

 

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

Minutes:

Mr Hamilton was out of the room for this item and did not vote.

Mr Betton was out of the room for part of this item and did not vote.

A report was considered from the Executive Director – Economy and Infrastructure regarding Application Reference No. 3/21/9006. Proposal: Erection of Portable Classroom Building on the Playground. Location: Clifton Primary School, Clifton, Penrith, CA10 2EG.

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

Members’ attention was drawn to the Update Sheet which had been published on the Council’s website and circulated to the Committee the day before the meeting. This advised on refinements to the School Travel Plan and measures in respect of inclusive access provision to the proposed building. Consequently, Condition 3 attached to the Planning Permission had been updated to reference these matters.

In supporting the recommendation as set out in the report, a member welcomed the expansion of the school but considered that the building wasn’t the most appropriate for a school setting. He asked whether any archaeological points had been raised during the application process. The Planning Officer commented on the response of the County Council’s Historic Environment Officer and explained that works were not sub surface.

A member raised that planning permission was only for three years and commented on the increasing numbers of children walking to school. The Planning Officer explained that the school could ask for a time extension in future and explained that local housing development in and near to Clifton had meant that more children could walk to school than previously.

It was moved by Mr McGuckin and seconded by Mr English that the recommendation as set out in the report and the amended Condition 3 as set out in the Update Sheet be agreed.

The Chair moved to the vote which was cast as follows: 14 members in favour of the motion, 0 against, 0 abstentions. Mr Betton and Mr Hamilton both returned to the meeting before the vote but did not vote on this item.

RESOLVED that, planning permission be granted for a temporary three year period and subject to the conditions set out in Appendix 1 to the report including the updated Condition 3 as set out in the Update Sheet.

267.

Applications Determined Under Delegated Powers pdf icon PDF 158 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.

268.

Applications Proposed to be Determined Under Delegated Powers pdf icon PDF 304 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.

269.

REPORTS AND UPDATES ON PLANNING ENFORCEMENT RELATED MATTERS pdf icon PDF 187 KB

[Electoral Divisions: Various]

 

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

 

To note reports on proposed and/or implemented cases of planning enforcement action.

Minutes:

The Manager - Development Control and Sustainable Development highlighted the importance of enforcement action work which was undertaken by the Development Control Team. He talked about the reporting of such work in the Committee’s future Agendas when appropriate.

 

Discussion was led by the Chair who welcomed the inclusion of such information as the public would be able to see what action was being taken by the Council. A member highlighted that this report sent out the message that controls were in place and would be enforced. Additionally, such reporting would mean officers would need to be vigilant in their enforcement of conditions.

 

Members were informed of an investigation of an alleged breach of a planning condition relating to the Nent Haggs Minewater Treatment Scheme. In this particular instance, whilst a technical breach of a condition had occurred, it was judged not be expedient or in the wider public interest to pursue formal enforcement action since no harm to ecology was likely.

 

RESOLVED that, the report be noted.

270.

forward plan pdf icon PDF 346 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.

 

It was a suggested that a site visit to High Close Quarry at Plumbland Cumbria would be appropriate before determination of the planning application.

 

Members were informed that the Public Inquiry for the West Cumbria Mine planning application would commence on 7 September 2021.

 

RESOLVED that, the Forward Plan be noted.

271.

Date and time of next meeting

The next meeting will be held on 15 September 2021 at 10.00am at Cumbria House, Carlisle.

Minutes:

The next meeting of the Committee would be held on 15 September 2021 at 10.00am.

272.

update sheet for 10.8.21 meeting pdf icon PDF 114 KB