Agenda and minutes

Development Control and Regulation Committee - Thursday, 2nd December, 2021 10.00 am

Venue: Council Chamber - County Offices, Kendal, LA9 4RQ

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

Items
No. Item

16.

Apologies for Absence

To receive any apologies for absence.

Minutes:

Apologies for absence were received from Mr F Cassidy, Mr A Markley, Mr W McEwan and Mr D Wilson.

17.

Changes in Membership

To note any changes in membership.

 

Liberal Democrat Group

 

Mr P McSweeney replaces Mrs B Gray

Mr R Dobson appointed as a substitute member

 

Conservative Group

Mr J Mallinson replaces Mr K Hitchen

A substitute member to be advised.

Minutes:

Members were informed of the following changes to the Committee:

 

Liberal Democrat Group:

 

Mr P McSweeney had replaced Mrs B Gray as a permanent member of the Committee.

 

Mr R Dobson had been appointed as a substitute member for the Group.

 

Conservative Group:

 

Mr J Mallinson had replaced Mr K Hitchen as a permanent member of the Committee.

 

The Chair thanked the outgoing members for their dedication and support to the Committee during their tenure.

 

 

18.

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 J Mallinson declared an interest in Agenda item 7 as he lived near the location. He advised that the application had taken some time to come to Committee and he may have made a comment during this time which could possibly have predisposed his position on the application. He would not leave the room during consideration of the item but confirmed that he would not vote on it.

19.

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.

20.

Minutes pdf icon PDF 303 KB

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

Minutes:

Page 8, Minute number 6, 3rd paragraph. Change ‘to’ to ‘from’.

 

Minute 6 - It was clarified by the Senior Democratic Services Officer that although 15 members in total had been recorded at the meeting, 14 had been recorded at the time of the vote at Minute 6. This was because the 15th member arrived part way through the meeting.

 

RESOLVED that, subject to the correction above, the minutes of the meeting held on 15 September 2021 be confirmed as a correct record.

21.

CCC/P/12 - PROPOSAL FOR THE CORRECTION OF THE REGISTER; CL23 THE GREEN, HESKET NEWMARKET. pdf icon PDF 414 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 CCC/P/12 - Proposal for the Correction of the Register; CL23 The Green, Hesket Newmarket. The report  advised that Cumbria County Council had noticed a discrepancy in common land register unit CL23 being The Green, Hesket Newmarket. Cumbria County Council had submitted the proposal in an attempt to rectify the discrepancy. The report requested Members to make a decision on whether the proposal should be granted and a correction made to the Council’s register of common land.

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

There were no questions or debate on this item.

It was moved by Mr McGuckin and seconded by Mr English that the recommendation as set out in the report be agreed. The vote was cast as follows (there were 13 members present in the meeting for this vote): 13 members in favour of the motion, 0 against and 0 abstentions.

RESOLVED that, the Committee accepts the proposal and corrects the common land register by formally deregistering the land that the original applicant asked to be excluded from registration in September 1970. The recommendation is based upon the fact that the registration authority made a mistake in so far as the requested amendment was not made accurately.

22.

WILDLIFE & COUNTRYSIDE ACT 1981 - SECTION 53 APPLICATION TO ADD PUBLIC FOOTPATHS AT DEER PARK IN THE CITY OF CARLISLE pdf icon PDF 9 MB

[Electoral Division: Belah]

 

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

Minutes:

There was a change to the order of business and this item was taken after Agenda item 13.

Before this item was considered, the Chairman called a ten minute recess in order for the Committee to read a second update sheet which had been tabled at the start of the meeting. Update sheet two contained three submissions received in respect of the application.

A report was considered from the Executive Director – Economy and Infrastructure regarding the Wildlife and Countryside Act 1981 - Section 53 Application to add Public Footpaths at Deer Park in the City of Carlisle. The report advised that an application had been received to add sections of public footpath at Deer Park in the City of Carlisle. The purpose of the report was to present Members with the evidence regarding the route, and that a decision be made on whether to proceed to the next stage of the process by making a legal order.

The Countryside Access Officer made his presentation using plans and photographs to explain the routes involved in the application. He referred to update sheet two and addressed the points made in the representations. He concluded that despite the representations there was still insufficient evidence to make the order and asked members to reject the application.

The Countryside Access Officer had not been party to the planning application (this being dealt with by Carlisle City Council and granted on appeal by the Secretary of State) therefore he could not provide information on the extent of the proposed housing development and whether future applications would be received for footpath modifications. He talked members through the appeal process available to objectors.

For clarification, the Countryside Access Officer explained where the permissive route was. The Partner, Weightmans LLP talked members through the law relating to route diversions under the Town and Country Planning Act 1990 and that the test was that the route needed to be diverted if it was necessary to implement the planning permission. She advised on the Public Inquiry process.

Following a member query on the possibility of the application being subject to a Judicial Review in future and the County Council being successful at the end of the process, the Partner, Weightmans LLP briefly explained both the appeal and Judicial Review processes, adding that the latter was only to be used as a last resort.

The Countryside Access Officer explained the due diligence undertaken by officers when processing the current application, but added that if new evidence came to light, the applicant (or any other interested person/ member of the public) could submit another application to the Council.

Some members focussed on the term ‘park’, querying the area’s recreational use. A number of members highlighted objectors’ claims that the application process was challenging to complete. The significance of some routes being recorded on an Ordnance Survey map was discussed. The Countryside Access Officer explained the drafting process of Ordnance Survey maps and how they weren’t as legally significant as the Definitive Map.  ...  view the full minutes text for item 22.

23.

WILDLIFE & COUNTRYSIDE ACT 1981 - SECTION 53 APPLICATION TO ADD A PUBLIC RIGHT OF WAY IN THE PARISH OF MILLOM: DISTRICT OF COPELAND pdf icon PDF 4 MB

[Electoral Division: Millom]

 

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 Wildlife and Countryside Act 1981 - Section 53 Application to add a Public Right of Way in the Parish of Millom: District of Copeland. The report advised that an application had been received to add two sections of public footpath at Church Walk, Millom in the parish of Millom.  The purpose of the report was to present Members with the evidence regarding the route, and for a decision to be made whether to proceed with the next stage of the process by making a legal order.

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

After being asked if the routes could be used whether or not their status changed, the Countryside Access Officer talked members through the background to the route A-F and how it could not be a Public Right of Way. Following a question on who had paid for lighting and surfacing the routes, the Countryside Access Officer explained the statutory responsibilities of the Rail company and the County Council on this matter adding that the County Council did not have an automatic duty to maintain the surfacing of these paths.

A short discussion took place on how part of the route (A-F) was permissive and that the public were using it with permission of the landowner whereas G-I was not subject to legal agreement. The Director, Planning - DWF Law LLP outlined the legal test to be applied to the application in order to ascertain the status of the routes.

Consideration was given to the landowner’s responsibility for maintaining the route and who had maintained it historically. The Countryside Access Officer explained the complexity of the legislation relating to this matter and provided his opinion on the maintenance liabilities of the landowner. He considered 1 route to be permissive and the other not to be. The Director, Planning - DWF Law LLP briefly outlined the law relating to Occupier’s Liability and clarified  for members that no one had liability for the route G-I as there were no works to be undertaken.

After drawing parallels between the routes and historical mining tracks in the North East and how landowners would allow people to walk routes which were then recorded as public Rights of Way it was moved by Mr McGuckin that the recommendation as set out in the report be agreed. This was seconded by Mr Hamilton.

The Chair moved to the vote which was cast as follows: 13 members in favour of the motion, 0 against, 0 abstentions. There were 14 members in the room for this item but Mr Morgan did not vote as he had come into the meeting part way through the item.

RESOLVED that, 

1     The application to add section of public footpath at Church Walk in the parish of Millom shown A-B-C-D-E-F on the map annexed at Appendix E of the report be rejected.

 

2  ...  view the full minutes text for item 23.

24.

HIGHWAYS ACT 1980 DEDICATION OF EXTENSION TO PUBLIC FOOTPATH NO 423001 PARISH OF ST BEES DISTRICT OF COPELAND pdf icon PDF 1 MB

[Electoral Division: Egremont North and St Bees]

 

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, Dedication of Extension to Public Footpath No 423001 Parish of St Bees District of Copeland. The report advised that the landowner had offered to dedicate land to extend public footpath no 423001 known locally as The Dandy Walk in the parish of St Bees.

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

A short discussion focussed on the motivation of the landowner in dedicating and formalising the route. Members suggested it could be out of generosity and considered that in due course the path could be claimed as of right.

After asking about the accessibility of the path at its ends, it was moved by Mr Turner and seconded by Mr Morgan that the recommendation as set out in the report be agreed. Mr Turner thought it would take users off a short and busy section of the road.

The Chair moved to the vote which was cast as follows: 14 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)(i) of the County Council’s Constitution, the Chief Legal Officer be authorised to enter into an Agreement under Section 25 of the Highways Act 1980 with the relevant landowner to create a new public footpath in the parish of St Bees as shown A-B on the plan at Appendix A of the report.

25.

HIGHWAYS ACT 1980 SECTION 119 APPLICATION TO DIVERT PUBLIC FOOTPATH NO 412006 PARISH OF LAMPLUGH pdf icon PDF 1 MB

[Electoral Division: Cleator Moor East and Frizington]

 

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 Footpath No 412006 Parish of Lamplugh. The report advised that an application had been received by the County Council to divert a section of public footpath no 412006 at Murton Cottage in the parish of Lamplugh.

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

Members were informed by the Countryside Access Officer that although there had been an administrative error in consulting the local member, Mr A Lamb, he did not object to the recommendation as set out in the report.

There were no questions and no debate on this item.

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

The Chair moved to the vote which was cast as follows: 13 members in favour of the motion, 0 against and 0 abstentions. Mr McGuckin did not vote as he was not present for the whole 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 footpath no 412006 in the parish of Lamplugh shown A-B to a new route A-C-B as shown on the plan at Appendix A and that all necessary action be taken to confirm the order.

26.

HIGHWAYS ACT 1980 SECTION 119 APPLICATION TO DIVERT PUBLIC FOOTPATH NO 326016 PARISH OF SKELTON pdf icon PDF 1 MB

[Electoral Division: Greystoke and Hesket]

 

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 Footpath no 326016 Parish of Skelton. The report advised that an application had been received by the County Council to divert a section of public footpath no 326016 at Middlesceugh Hall in the parish of Skelton.

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

A member urged officers to ensure that drainage works were undertaken. The Countryside Access Officer advised that the Order would not be made until this had been completed.

A member asked if obstructions were frequently the reason for route diversions. The Countryside Access Officer reported that obstructions were infrequently the reason to change a definitive line.

The process for identifying Rights of Way during the Planning Permission process was briefly described for members and the challenges of coordinating this work between the County and District Councils was highlighted.

It was moved by Mr Bowness and seconded by Mr Mallinson that the recommendation as set out in the report be agreed. The Chair moved to the vote which was cast as follows: 14 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 326016 in the parish of Skelton shown A-B to a new route A-C-D-E-B as shown on the plan at Appendix A and that all necessary action be taken to confirm the order.

27.

Application Reference No. 2/21/9005. Proposal: Installation of above ground vent stack, fencing with pedestrian gate and land reprofiling in association with below ground wastewater infrastructure. Location: Land to the north of Wilson Farm Close, Dearham, Maryport, CA15 7HZ pdf icon PDF 622 KB

[Electoral Division: Dearham and Broughton]

 

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. 2/21/9005. Proposal: Installation of above ground vent stack, fencing with pedestrian gate and land reprofiling in association with below ground wastewater infrastructure. Location: Land to the north of Wilson Farm Close, Dearham, Maryport, CA15 7HZ.

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

Members’ attention was drawn to Update Sheet 1 which had been published on the Council’s website and circulated to the Committee the day before the meeting. The Planning Officer reported on works which had completed since the report had been published which had resulted in amendments to Conditions 3, 4 and 5 which had been outlined in the Update Sheet. The Planning Officer provided clarification on the meaning of the last sentence at 7.12 of the report. He confirmed that the applicant was carrying out the works as directed in the planning conditions.

Following a member query on the need for and cost of a carbon filter, the Planning Officer talked members through why a carbon filter was not considered to be justified in this particular instance.

Discussion turned to whether consideration had been given to an archaeological survey and how close the proposed development was to Church of St Mungo. The Planning Officer talked members through the response of the Historic Environment Officer to the proposed development and how the negligible change in ground-levels and proposed reinstatement of hedgerow would mean there would be little to no visibility of the development proposals from the Grade I listed church.

The Manager Development Control and Sustainable Development explained that as there had been objections to the associated planning application (Agenda item 13, planning application no 2/21/9006), he felt it prudent that the Committee determine this application instead of it being an officer delegated decision.

A member talked about passive carbon filter technology which he thought should be fitted as standard and advised that he would not vote against the proposal. The Planning Officer and Manager Development Control and Sustainable Development did not consider the technology to be essential to making the proposed development acceptable.

It was moved by Mr Turner and seconded by Mr Cotton that the recommendation as set out in the reportand amended Conditions as set out in Update Sheet 1 be agreed.

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

RESOLVED  that, Planning Permission is granted subject to the conditions set out in Appendix 1 to the report, as amended by Update Sheet 1.

28.

Application Reference No. 2/21/9006. Proposal: Installation of above ground vent stack in association with below ground wastewater infrastructure. Location: Land to north of Greenlands Road, Dearham, Maryport, CA15 7ES pdf icon PDF 609 KB

[Electoral Division: Dearham and Broughton]

 

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. 2/21/9006. Proposal: Installation of above ground vent stack in association with below ground wastewater infrastructure. Location: Land to north of Greenlands Road, Dearham, Maryport, CA15 7ES.

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

There were no questions on this item.

There was no debate on this item

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

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

RESOLVED  that, Planning Permission be granted subject to the conditions set out in  Appendix 1 to the report.  

29.

Applications Determined Under Delegated Powers pdf icon PDF 163 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.

30.

Applications Proposed to be Determined Under Delegated Powers pdf icon PDF 310 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.

31.

Forward Plan pdf icon PDF 349 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 talked members through the dates when planning applications 1/21/9004 Hespin Wood Waste Management Park, Rockliffe and 1/20/9004 at Esk Quarry, Sand Pit No 2, Faugh may be considered by the Committee. He proposed a site visit to the locations.

 

The Manager Development Control and Sustainable Development reported that following a resolution of the Committee to write to District Councils about Rights of Way being given the appropriate and timely consideration in planning applications, this had now been completed.

 

The Manager Development Control and Sustainable Development advised that following a request for detailed information on obstructions to Rights of Way, a report would be brought to the April 2022 Committee meeting.

 

Mr Bowness asked for a site visit to High Close Quarry before the planning application was considered.

 

RESOLVED that,

 

1       The Forward Plan be noted.

2       Site visits be held to Planning Application Nos. 1/21/9004 Hespin Wood Waste Management Park, Rockliffe and 1/20/9004 Esk Quarry, Sand Pit No 2, Faugh

32.

Date and time of next meeting

The next meeting will be held on 19 January 2022  at 10.00am at County Offices, Kendal.

Minutes:

The next meeting of the Committee will be held on 19 January 2022 at 10.00am, County Offices, Kendal

33.

Update Sheet for 2.12.21 meeting pdf icon PDF 504 KB

34.

UPDATE SHEET NUMBER 2 pdf icon PDF 442 KB