Agenda and minutes

Development Control and Regulation Committee - Wednesday, 19th January, 2022 10.00 am

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

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

Items
No. Item

35.

Apologies for Absence

To receive any apologies for absence.

Minutes:

Apologies for absence were received from Mr P McSweeney.

36.

Changes in Membership

To note any changes in membership.

Minutes:

There were no changes in membership at this meeting.

37.

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.

38.

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.

39.

Minutes pdf icon PDF 320 KB

To confirm as a correct record the Minutes of a meeting held on 2 December 2021

 

Minutes:

RESOLVED that, the minutes of the meeting held on 2 December 2021 be confirmed as a correct record.

 

The Chairman proposed deferral of Agenda items 7 and 8 as the Local Member who wished to speak was running late. This was agreed by assent of the Committee.

 

The Chairman proposed that Item 9 (Application Reference No. 1/21/9004, Proposal: Section 73A planning application to vary condition 2 of planning permission 1/18/9006 to amend drawing no H-52-2C (site plan) and H-52-8 (proposed plans and elevations) with revised drawing no H-52-2F (site plan) and drawing no H-52-8A (plans and elevations) to include the siting of a water tank and approval of details for conditions 7, 8, 9, 10 and 13. Location: Hespin Wood Waste Management Park, Rockcliffe, Carlisle, CA6 4BJ) be deferred to a future meeting of the Committee as a representation had been received which

had raised a number of issues that would need to be addressed by officers before the application could be considered by the Committee. This was seconded by Mr McGuckin and agreed by assent of the Committee.

40.

Safety at Sports Grounds pdf icon PDF 383 KB

[Electoral Division: All]

 

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

Minutes:

A report was considered from the Executive Director – Economy and Infrastructure regarding Safety at Sports Grounds. The report updated the Committee on the current situation at the seven Sports Grounds which require Certification, either wholly under the Safety of Sports Ground Act 1975 (as amended), or in part under the Fire Safety and Safety of Places of Sport Act 1987 (as amended).The report informed the Committee of the work of the Safety of Sports Grounds Team carried out during 2021, explained the County Council’s statutory obligations under the relevant legislation and outlined the activity carried out to ensure that the duties have been met.

 

The Regulation and Compliance Officer presented the details as set out in the report. He advised that members would be contacted about dates for the 2022 sports grounds site visits. The Chair asked for up to three members to attend each sports ground.

Following member questions, the Regulation and Compliance Officer confirmed what the ‘P’ factor was and explained that the ‘P’ and ‘F’ factor calculation at Workington AFC was due to the whole stand not being covered.

A short discussion took place on the action taken by the Council’s Highways Team following the discovery of a structural fault on the wall to the rear of the Clive Street stand at Barrow Raiders.

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

The Chair moved to the vote. The Motion was agreed by assent of the Committee.

RESOLVED that,  the annual report be received and noted by Members

41.

Application Reference No. 1/20/9005. Proposal: Section 73 variation of Conditions 1 and 2 of planning permission 1/09/9015 to extend the expiry date of operations to 30th November 2032 and approved documents and variation of conditions 32 and 34 to allow revised restoration scheme to be completed by 30 November 2033. Location: Kirkhouse Quarry, Hallbankgate, Brampton, Cumbria, CA8 1JS. pdf icon PDF 405 KB

[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 Application Reference No. 1/20/9005. Proposal: Section 73 variation of Conditions 1 and 2 of planning permission 1/09/9015 to extend the expiry date of operations to 30th November 2032 and approved documents and variation of conditions 32 and 34 to allow revised restoration scheme to be completed by 30 November 2033. Location: Kirkhouse Quarry, Hallbankgate, Brampton, Cumbria, CA8 1JS.

The Planning Officer made her detailed 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. The Local Member Mr Dobson had only recently been consulted due to an administrative error but had responded fully to the consultation request. Administrative omissions to the report were drawn to members’ attention.

Members were informed that Items 7 and 8 would be presented together but there would be 2 separate votes.

A member commented on the number of HGVs which would use the A689 should planning permission not be granted. The Planning Officer detailed the number of HGVs using the A689 from Kirkhouse and Silvertop Quarry and their operational end dates. A member asked for clarification on tonnage and cubic metres of material at the quarry. A member raised concern at the short consultation period for Mr Dobson. A question was asked on the historical use of the site as a member was concerned that excavation could take place in an area used as a rubbish tip. The Planning Officer advised on the dual use of the site.

Mr Dobson, Local Member addressed the Committee. Mr Dobson agreed with the report as there was not an abundance of sand in the county and the quarry was in a good location. He did have sympathy with the objector who was disturbed by the quarry traffic. He asked members to reflect on the amount of traffic from both Kirkhouse Quarry and Silvertop Quarry and reported on the number of HGV permitted movements, the winding A689 road and the weight of the articulated lorries. He made reference to Hallbankgate School and the impact of traffic on it. He requested that the Highways Directorate investigate enforcing a 20mph speed limit at Milton and Hallbankgate. Mr Dobson’s earlier concerns about the state of the road at Silvertop Quarry had been addressed by the quarry manager. He no longer had concerns about the enforcement of conditions there. Mr Dobson stated that there should be arrangements in place to restore the area should the applicant fail financially and couldn’t undertake this function.

 

Mr Edwards – Agent for the Applicant

Mr Edwards stated that the proposal sought to allow reserves of the material to be quarried which had already been approved. He talked about how the application was in line with mineral development as set out in Planning Policy Guidance. He advised that currently, traffic ran at half the agreed traffic movement numbers.  ...  view the full minutes text for item 41.

42.

Application Reference No. 1/20/9006. Proposal: Section 73 variation of Condition 2 of planning permission 1/09/9016 to extend the expiry date of operations to 30th November 2033. Location: Kirkhouse Quarry, Hallbankgate, Brampton, Cumbria, CA8 1JS. pdf icon PDF 537 KB

[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 Application Reference No. 1/20/9006. Proposal: Section 73 variation of Condition 2 of planning permission 1/09/9016 to extend the expiry date of operations to 30th November 2033. Location: Kirkhouse Quarry, Hallbankgate, Brampton, Cumbria, CA8 1JS.

The Planning Officer stated that the presentation she had made at Agenda item 7 related to this item also. It was however, made clear that this was a separate planning application to Agenda item 7.

There were no member questions on this item.

When invited by the Chair to speak, the Local Member Mr Dobson advised that all remarks he had made at Agenda Item 7 stood for this application.

When invited by the Chair to speak, the Agent, Mr Edwards advised that all remarks he had made at Agenda Item 7 stood for this application.

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

The Chair moved to the vote which was cast as follows: 16 members in favour of the motion, 0 against and 0 abstentions.

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

43.

Application Reference No. 1/21/9004. Proposal: Section 73A planning application to vary condition 2 of planning permission 1/18/9006 to amend drawing no H-52-2C (site plan) and H-52-8 (proposed plans and elevations) with revised drawing no H-52-2F (site plan) and drawing no H-52-8A (plans and elevations) to include the siting of a water tank and approval of details for conditions 7, 8, 9, 10 and 13. Location: Hespin Wood Waste Management Park, Rockcliffe, Carlisle, CA6 4BJ pdf icon PDF 1 MB

[Electoral Division: Longtown]

 

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

Minutes:

This item was deferred. See Minute 39.

44.

Application Reference No. 2/21/9007. Proposal: Extension to the north-eastern side of the modern hall to provide a meeting/group room with store, wc and ancillary space; installation of new velux windows in the hall roof; and erection of a new cycle shelter. Location: Plumbland C of E School, Parsonby, Aspatria, Wigton, CA7 2DQ pdf icon PDF 698 KB

[Electoral Division: Bothel and Wharrels]

 

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. 2/21/9007. Proposal: Extension to the north-eastern side of the modern hall to provide a meeting/group room with store, wc and ancillary space; installation of new velux windows in the hall roof; and erection of a new cycle shelter. Location: Plumbland C of E School, Parsonby, Aspatria, Wigton, CA7 2DQ.

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

There were no questions or debate on this item.

Mr Bowness, Local Member and member of the Committee, expressed his support for the proposal and moved the recommendation as set out in the report. This was seconded by Mr Markley.

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

45.

Applications Determined Under Delegated Powers pdf icon PDF 164 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.

46.

Applications Proposed to be Determined Under Delegated Powers pdf icon PDF 303 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.

47.

forward plan pdf icon PDF 355 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 advised that there would be a site visit to Sellafield.

 

A short discussion took place on the request at a previous meeting to High Close Quarry. The Manager Development Control and Sustainable Development advised that a site visit at this time would be premature but that one would be held in due course.

 

RESOLVED that,

 

1       The Forward Plan be noted.

2       Site visits be held to Sellafield and Planning Application Nos. 1/20/9004 at Esk Quarry, Faugh and 1/21/9004 at Hespin Wood, Carlisle.

48.

Date and time of next meeting

The next meeting will be held on 2 March 2022 at 10.00am at County Offices, Kendal.

Minutes:

The next meeting of the Committee will be held on 2 March 2022 at 10.00am, County Offices, Kendal

49.

Update sheet for meeting 19.1.22 pdf icon PDF 1 MB