Agenda and minutes

To receive any apologies for absence.

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

To note any changes in membership.

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

There were no disclosures of interest made at the meeting.

RESOLVED that, the press and public not be excluded during consideration of any items of business.

To confirm as a correct record the Minutes of a meeting held on 10 August 2021

Page 10, Minute 263, this item was moved by Mr McGuckin.

RESOLVED that, subject to the correction above, the minutes of the meeting held on 10 August 2021 were confirmed as a correct record.

[Electoral Division: Low Furness]

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

A report was considered from the Executive Director – Economy and Infrastructure regarding CA13/31 - Application to Correct Mistaken Registration; Part of CL38 Urswick Tarn, Great Urswick. The report advised that an application had been received from Marion Myerscough to correct a mistaken registration in common land register unit CL38 Urswick Tarn, Great Urswick. Members were asked to make a decision as to whether the application should be granted and a correction made to the Council’s Register of Common Land.

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

A member asked if the public was prohibited to access the properties around the Tarn. The Commons Officer explained that the public could access any land deemed to be public. In this case the public had access to the lake and the public could use boats on the lake. She did not think that that it was completely closed off.

A member referred to land which had green hatching on it on the map, asking about its status. Once it was clarified by the Commons Officer that it was public land, the member informed the Committee that there would be public access to the Tarn, even if it may be limited.

A member highlighted that following the demolition of the buildings, The Willows bungalow had been built even though the land was registered as Common Land. Another member talked about the many years he had fished at the Tarn and that access to the Tarn was available.

It was moved by Mr McGuckin that the recommendation as set out in the report be agreed. He thought that the Parish Council had made a mistake. He highlighted that this and other similar applications would be better being dealt with as footpath applications and considered under Rights of Way legislation rather than land being identified as public land and dealt with under Commons Registration legislation. The motion was seconded by Mr Markley.

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

RESOLVED that, the Committee accepts the application and amends the Register of Common Land on the grounds that the land in question, on the date of provisional registration and at all times since that date, has been covered by a building or within the curtilage of a building.

[Electoral Division: Thursby]

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

A report was considered from the Executive Director – Economy and Infrastructure regarding CA13/35 Application to Correct Mistaken Registration CL23 The Green, Hesket Newmarket. The report advised that an application had been received from David Stevenson Wilde and Amanda Freda Wilde to correct a mistaken registration in common land register unit CL23 The Green, Hesket Newmarket. Members were asked to make a decision as to whether the application should be granted and a correction made to the Council’s Register of Common Land.  

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

It was moved by Mr McGuckin that the recommendation, as set out in the report, be agreed. He considered that agreeing to amend the Register of Common Land would be the right thing to do for the owners of Rose Cottage.

Mr Betton came into the meeting during this item and did not vote on it.

The motion was seconded by Mr McEwan.

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

RESOLVED that, the Committee accepts the application and amends the Register of Common Land on the grounds that the land in question, on the date of provisional registration and at all times since that date has been covered by a building or within the curtilage of a building.

[Electoral Division:Dalton North]

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

A report was considered from the Executive Director – Economy and Infrastructure regarding the Highways Act 1980 Section 119 - Application to Realign Public Footpaths at Dunnerholme Golf Course in the Parish of Askam and Ireleth: District of Barrow In Furness. The report advised that an application had been received by the County Council to realign sections of public footpaths at Dunnerholme Golf Course in the parish of Askam and Ireleth District of Barrow in Furness. Members were asked to consider the proposed diversion of public footpath numbers 602061, 602062 and 602068.

The Countryside Access Officer made his presentation using plans and photographs to explain the routes involved in the application. He explained that Agenda item 9 was linked to this item but, all of the footpaths in Agenda items 8 and 9 could not be changed in one Order.

After being asked by a member if any part of the Rights of Way network formed part of the Cumbria Coastal Way, the Countryside Officer explained that although it was unknown for these footpaths, there would be some Rights of Way along the coast that the public could use and would be connected to the Cumbria Coastal Way.

A member asked if there was adequate signage in the area to ensure that walkers and golfers knew each other would be in the area. This would also ensure that walkers using the raised footpath would be aware of which direction golf balls would be coming from. The Countryside Access Officer explained the frequency of golfers golfing in the area and explained that the path would only be used intermittently by walkers. He added that there was no standard signage but if a walker was hit by a golf ball, the golf course would have liability.

It was moved by Mr Turner that the recommendation as set out in the report be agreed. He had played the course before and sheep caused more issues than walkers. A member commented on how muddy the site was and how fishermen as well as walkers had used the footpaths in the area.

Mr McEwan seconded the motion.

The Chair moved to the vote which was cast as follows: 15 members in favour of the motion, 0 against, 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 602061 shown A-B to a new route A-C-B as shown on the plan at Appendix B1;

That section of public footpath no 602062 shown D-E to a new route D-F-E as shown on the plan at Appendix B2;

That section of public footpath no 602068 shown G-H to a new route G-I-J as shown on the plan at Appendix B3;

And that all necessary action be taken to confirm the order.

[Electoral Division: Dalton North]

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

A report was considered from the Executive Director – Economy and Infrastructure regarding the Highways Act 1980 Sections 26 and 118 - Application to Realign Public Footpaths at Dunnerholme Golf Course in the Parish of Askam and Ireleth: District of Barrow in Furness. The report advised that an application had been received by the County Council to realign sections of public footpaths at Dunnerholme Golf Course in the parish of Askam and Ireleth District of Barrow in Furness. Members were asked to consider the proposed extinguishment of public footpath number 602065 and creation of a new path number 602069.

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

A member welcomed the creation of the new footpath and received clarification from the Countryside Access Officer on the liabilities of the County Council and landowner to clear side growth on the routes.

A member raised concerns about the closeness of the route to the coast. He asked if there were problems with erosion on the proposed route to be created. The Countryside Access Officer explained that currently there were no issues but if this changed in future, there was legislation which would enable officers to move the route. He confirmed that there would not be a loss of route.

It was moved by Mr Markley and seconded by Mr English 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, 0 abstentions.

RESOLVED that,

1       Pursuant to the power set out at Part 2G paragraph 2.1(g) (ii) of the County Council’s Constitution, an order be made under Section 118 of the Highways Act 1980 to extinguish the whole length of public footpath no 602065 shown K-L on the plan at Appendix B1: and

2       Pursuant to the power set out at Part 2G paragraph 2.1(g) (i) of the County Council’s Constitution, an order be made under Section 26 of the Highways Act 1980 to create a new public footpath shown I-M on the plan at Appendix B2; and that

            Confirmation of the orders are subject to confirmation of the proposed diversion order for public footpath no 602068

[Electoral Division: Bransty ]

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

A report was considered from the Executive Director – Economy and Infrastructure regarding planning Application Reference No. 4/21/9003. Proposal: Provision of 5no. Temporary classroom buildings, and associated ancillary development, to accommodate St Bridget's Primary School, Parton up to 31 July 2022. Location: Bransty Primary School, Haig Avenue, Bransty, Whitehaven, CA28 6EG.

The Planning Officer made his 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 contained a number of corrections, a late response from the police and proposed amendments to Conditions 1 and 2.

A member asked if feedback on the proposal had been received from residents, if the proposal would impact on them at all and if there had been any communication with residents. The Planning Officer reported that planning application publicity had been undertaken and neighbour notification letters issued to nearby properties. Two written representations had been received. The Planning Officer set out the measures proposed to mitigate potential intensification of traffic at peak times. These included a substantially staggered start and end of school times for each school and a special bus service had been arranged for St Bridgets School pupils and staff, with St Bridget’s encouraging use of this bus service. This situation would be monitored and reviewed, and a traffic patrol officer would be at the site for the first two weeks, then on an ad hoc basis thereafter.

The Chair considered that enough measures were in place to address traffic issues and referred to the School Travel Plan, asking what power the County Council had to ensure that this was reviewed and changed if necessary. The Planning Officer commented on the limited powers available but highlighted that measures such as alternative staff parking provision could be considered if there was an issue and that the proposed condition 3 secured regular review of the travel plan in order to drive uptake of more sustainable modes of travel and reduce single occupancy car journeys. 

A member stated that the application was retrospective. The Planning Officer acknowledged this, stating that such an approach would not normally be condoned, but that the safety risk to St Bridget’s Parton premises presented extenuating circumstances. The need for continued in-person education provision was deemed paramount by the applicant and this was a time critical decision.

Mr Markley welcomed the Council’s swift response to ensure that children could still be educated following the landslip near St Bridget’s premises on Main Road, Parton. He moved that the recommendation as set out in the report with amended Conditions 1 and 2 as set out in the Update Sheet be agreed.

The first member that spoke, raised additional concerns about lighting at the site and asked if photographs were available which showed the type of lighting to be used. He did not want residents to suffer from intrusive lighting. The Planning Officer explained the type of lighting to  ...  view the full minutes text for item 10.

[Electoral Divisions: Various]

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

To note that these are applications that have recently been determined by the Executive Director – Economy and Infrastructure in accordance with the schemes of delegation.

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

[Electoral Divisions: Various]

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

To note that these applications that have been submitted to the County Council but are not ready/appropriate for presentation to the Committee of for determination under delegated powers and/or have been recently withdrawn or determined as invalid or not requiring planning permission etc.

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

[Electoral Divisions: Various]

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

To note the Committee’s Forward Plan.

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

RESOLVEDthat, the Forward Plan be noted

The next meeting will be held on 28 October 2021 at 10.00am

The next meeting of the Committee will be held on 28 October 2021 at 10.00am.

The Update Sheet was published the day before the Committee meeting.