Agenda and minutes

To receive any apologies for absence.

The meeting started at 10.15am. Some members had been held up due to an accident on the motorway.

Apologies for absence were received from Mrs H Carrick, Mr P Turner and Mr D Wilson.

The Chair advised that Mr R Dobson was present at the meeting to observe its proceedings as he had recently been appointed to the Committee as a reserve member for the Liberal Democrat Group.

To note any changes in membership.

It was noted that Mr Gawne replaced Mrs Carrick 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 19 January 2022.

RESOLVED that, the minutes of the meeting held on 19 January 2022 be confirmed as a correct record.

[Electoral Division: Kirkby Lonsdale]

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

Mr Betton was not in the meeting for the whole of this item and therefore did not vote.

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 Footpath at Kirkby Lonsdale Auction Mart Yard: District of South Lakeland. The report advised that an application had been received to add a section of public footpath at Kirkby Lonsdale Auction Mart Yard to the Definitive Map and Statement. 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 application. He explained the key points of interest in the Market Square and identified the claimed path. Members were reminded of the details of the 2007 application, which had been rejected by the Committee. It was noted that Applicant did not appeal the 2007 decision.

The Countryside Access Officer responded to a member’s questions on who the current landowner was, what the land was currently used for and advised on who the main objector was to the application. It was confirmed that the 2007 Applicant was claiming the route again. A member raised that a number of residents who parked on the private land would be affected. Confirmation was given on who maintained the area.

A member considered the main issue to be whether or not there was a gate. He questioned why the car park should have a single route across it  as he thought  that no car park would have one, adding that it was odd to expect a definitive single route in an urban area. The Countryside Access Officer talked about how the lack of definition of a straight line in the car park was one reason for the rejection of the 2007 application but this was not to be revisited in the current application. He confirmed that as there hadn’t been an appeal following the decision of the Committee in 2007 and, as 20 years hadn’t elapsed since then, the application should be rejected.

After being asked about the location of the wooden gate and if it was in the same place as the earlier gates, the Countryside Access Officer showed a number of photographs and explained the location of the old Auction Mart gate and newer gates, which were roughly in the same position.

Advice was sought from a member whether the decision relating to the 2007 application which had not been appealed, could be revisited. He stated that if not, the application fell outside of the statutory 20 years requirement. The EPW - Lead Lawyer reiterated that in view of the decision in 2007, members would need compelling evidence to go against the officer’s recommendation.  The Countryside Access Officer concurred with this advice adding that the Applicant could  ...  view the full minutes text for item 55.

[Electoral Division: Alston and East Fellside]

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 25, Dedication of Sections of Public Footpath in the Parish of Ainstable District of Eden. The report stated that the landowner had offered to dedicate land for two sections of public footpath at Armathwaite Manor in the parish of Ainstable. The proposed sections of new public footpath were shown on the plan at Appendix A and the location plan was attached as Appendix B of the report.

The Countryside Access Officer made his presentation using plans and photographs to explain the application. Information was provided on the discussions between an officer and the Parish Council and landowner to agree to dedicate the two footpaths.

Mr McGuckin congratulated the Countryside Access Team for brokering the agreement as all Cumbrian residents would continue to benefit from accessing the area and moved that the recommendation as set out in the report be agreed.

Mr Mallinson seconded the motion adding that he knew the route and welcomed the offer to dedicate the land for two sections of footpath.

The Chair moved to the vote which was cast as follows: 15 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 public footpaths in the parish of Ainstable as shown A-B and A-C on the plan at Appendix A of the report.

[Electoral Division: Grange]

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 Divert Public Footpath No 526009 Parish of Grange Over Sands. The report advised that an application had been received by the County Council to divert a section of public footpath no 526009 at Spring Bank. 

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

A member acknowledged that the route was inside the landowner’s garden but considered that as the lane was so quiet, people would use that route instead. The Countryside Access Officer explained that the route would not pass the legal tests should it be situated in the lane. It was noted that the route would provide better enjoyment of the surrounding area if it were situated inside the garden.

Following a question on the part of the route which would be surfaced, the Countryside Access Officer explained that it was the landowner’s driveway. The new route was explained with it being noted that although longer, it would not be too inconvenient and that this section was a positive addition to the route. It was stated that no discussions had taken place with the landowner regarding the fencing of this area.

A question was asked on the fencing of the route. Discussion ensued on the height and width of any future fence. Members wanted assurance that it would not be so high that users’ views were obscured. The Countryside Access Officer explained that if the height of any future fence exceeded permitted development limits and obstructed users’ views, it would become a planning matter.

It was moved by Mr Markley and seconded by Mr McSweeney that the recommendation as set out in the report be agreed. Mr McSweeney used the route regularly and thought the diversion made sense as he had witnessed anti-social behaviour at the location in the past two years.

The Chair moved to the vote which was cast as follows: 15 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 526009 in the parish of Grange over Sands 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.

[Electoral Division: Penrith West]

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

Mr Hamilton was not in the room for all of this item and therefore would not vote.

A report was considered from the Executive Director – Economy and Infrastructure regarding the Highways Act 1980 Section 25 Upgrading of Sections of Public Footpath No 358014 and 358029 to Bridleway in the Parish of Penrith: District of Eden. The report advised that as part of the Penrith Transport Improvement Study a scheme had been developed with the approval of the affected landowners to make use of the existing bridleway no 358017 at Thacka Lane with improved surfacing and extend through open land to connect to the far end of Cowper Lane on the Gilwilly Industrial Estate. This would require linking sections of public footpath to be upgraded to bridleway to allow use by horse riders and cyclists and the sections of public footpath shown on the plan at Appendix A of the report.  A location plan was also attached as Appendix B to the report.

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

Whether the route went under the motorway, whether there would be an opportunity to connect the route to other routes and why the route extended only to the east and not west was queried by a member. The Countryside Access Officer explained the history of the route adding that attitudes to Rights of Way used to be different which had resulted in the route being a dead end. How this route compared to a similar route at Newton Rigg which was in an underpass and how the route hadn’t been diverted to cut off the Right of Way was explained.

After a member expressed his view that cyclists and walkers would not mix well on the route if it was upgraded to a bridleway, the Countryside Access Officer acknowledged that cyclists and pedestrians mainly had issues on heavily used routes, which was unlikely to be the case here. He explained the various rights that exist on different classifications of public right of way and the options available when dedicating a route’s status, after a member expressed their concern if a horse and carriage could be used on the route.

A short discussion took place on the use of electric bikes and which types were allowed on a public bridleway.

It was moved by Mr Markley and seconded by Mr Cotton 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, 1 against and 0 abstentions. Mr Hamilton did not vote on this item.

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 landowners to

·         upgrade that section of public footpath no 358014 in the parish  ...  view the full minutes text for item 58.

[Electoral Division:Harrington]

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

 A report was considered from the Executive Director – Economy and Infrastructure regarding Application Reference No. 2/21/9008. Proposal: Erection of a new building for the Coroner's Service and creation of a new access, parking, hard and soft landscaping and associated ancillary development. Location: Land adjacent to West Cumbria House, Jubilee Road, Lillyhall, Workington, CA14 4HB.

The Planning Officer made his presentation using plans and photographs to explain the planning 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 summarised and responded to a clarificatory response from Allerdale Borough Council relating to the assessment provided in respect of planning principle. It also put forward some minor changes and additions to the proposed planning conditions.

A verbal update was provided by the Planning Officer on a correction to the update sheet. The landscaping plan was revision E not D. Members were also informed that after the update sheet had been published, the Applicant had provided the Planning Officer with updated versions of three plans to ensure they were consistent with the other plans submitted. He advised that Condition 2 (Approved Scheme) would therefore be updated to make reference to the latest plan revisions.

The Planning Officer recommended that the application be granted planning permission subject to the conditions set in Appendix 1 of the report and as modified by the update sheet and verbal update.

Whether the cladding to be used was in keeping with the surroundings was raised. The Planning Officer explained the timber rainscreen cladding proposed to be used was intended to be a distinctive material and highlighted that other elements of the design sought to integrate the proposal into the surrounding area – such as elements slate masonry wall and the proposed planting scheme.

A member referred to sustainable transport modes and asked if any improvements to such infrastructure could be secured through the proposal, to encourage people to walk or cycle to the site. The Planning Officer stated that access by pedestrians and cyclists were prioritised within the site and covered cycle parking provided close to the building entrance. He stated that, given the number of staff at the proposed new building, it was not considered proportionate to seek contributions to walking and cycling infrastructure to the site. 

A short discussion took place on why Cumbria County Council would determine the planning application rather than Allerdale Borough Council.

Mr Markley welcomed the proposal adding that the new building would be accessible to everyone and was on a bus route. He moved  the recommendation  as modified by the update sheet and verbal update. This was seconded by Mr Morgan who explained that there was a cycleway on the A595 which was regularly used. He considered that the building would be very accessible.

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

RESOLVED that, the application  ...  view the full minutes text for item 59.

[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.

The Manager Development Control and Sustainable Development advised that planning application 1/20/9004, Esk Quarry, Faugh had been withdrawn. A new application would be submitted within the next few months, details of which were provided.

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.

The Manager Development Control and Sustainable Development asked members to return forms relating to the Sellafield site visit so background checks could be completed before the Site Visit.

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.

The Manager Development Control and Sustainable Development advised that planning application 1/21/9004 at Hespin Wood Waste Management Park, Carlisle would be considered as a retrospective planning application.

RESOLVEDthat, the Forward Plan be noted.

The next meeting will be held on 13 April 2022 at 10.00am at County Offices, Kendal.

The next meeting of the Committee would be held on 13 April 2022 at 10.00am, County Offices, Kendal