Agenda and minutes

Development Control and Regulation Committee - Wednesday, 12th October, 2022 10.00 am

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

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

Items
No. Item

58.

Apologies for Absence

To receive any apologies for absence.

Minutes:

Apologies for absence were received from Mr J Mallinson, Mr P Turner, Mr D Wilson and Mr M Worth.

59.

Changes in Membership

To note any changes in membership.

Minutes:

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

60.

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.

61.

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.

62.

Minutes pdf icon PDF 244 KB

To confirm as a correct record the Minutes of a meeting held on 29 September 2022.

 

 

 

Minutes:

RESOLVED that, the minutes of the meeting held on 29 September 2022 be confirmed as a correct.

63.

HIGHWAYS ACT 1980 SECTION 119 APPLICATION TO DIVERT PUBLIC FOOTPATH NO 581025 PARISH OF WINDERMERE: DISTRICT OF SOUTH LAKELAND pdf icon PDF 1 MB

[Electoral Divisions: Windermere]

 

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

Minutes:

A report was considered from the Executive Director – Economy and Infrastructure. The report advised that an application had been received to divert a section of public footpath no 581025 at Applethwaite Hill in the parish of Windermere.

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

The Chair highlighted that it was not disabled access friendly and asked about a gap in the boundary wall. The Countryside Access Officer explained the work to be undertaken to ensure access for all.  Following member questions, it was noted that hedges would be inappropriate alongside the path and that the steps, handrail and path surface would be the responsibility of the Local Authority.

It was moved by Mr Cotton 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: 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 581025 from A-B to A-C-D-B as shown on the plan at Appendix A and if no objections are received, the order be confirmed.  In the event objections are received and not withdrawn, the matter may be referred to the Secretary of State for consideration

 

64.

HIGHWAYS ACT 1980 SECTIONS 25 AND 119 - APPLICATION TO REALIGN PUBLIC FOOTPATHS AT DUNNERHOLME GOLF COURSE IN THE PARISH OF ASKAM AND IRELETH: DISTRICT OF BARROW IN FURNESS pdf icon PDF 2 MB

[Electoral Divisions:Dalton North]

 

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

Minutes:

A report was considered from the Executive Director – Economy and Infrastructure. The report advised that an application to divert sections of public footpath no 602061, 602062 and 602068 at Dunnerholme Golf Course in the parish of Askam and Ireleth District of Barrow in Furness was presented to the Committee on 15 September 2021, when it was resolved that an order be made under Section 119 of the Highways Act 1980 to divert those footpaths and that all necessary action be taken to confirm the order. An Order was made on 26 October 2021 and objections were received to the diversion of public footpath no 602068. The scheme had now been revised to exclude any change to the presently recorded alignment of path 602068. 

The Countryside Access Officer made his presentation using plans and photographs.

Mr Cassidy who was familiar with the area Moved that the recommendations as set out in the report be agreed. These was Seconded by Mr English.

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

 

1     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 C1 of the report;

That section of public footpath no 602062 shown D-E to a new route D-F-E as shown on the plan at Appendix C2 of the report;

And that all necessary action be taken to confirm the order.  In the event objections are received and not withdrawn, the matter be referred to the Secretary of State for consideration.

2          That, pursuant to the power set out at Part 2G paragraph 2.1(g) (i) of the County Council’s Constitution, the County Council enter into an Agreement under Section 25 of the Highways Act 1980 with the landowner to dedicate that section of public footpath shown A-B-C on the plan at Appendix D of the report.

65.

Application Reference No. 1/21/9004. Proposal: An application under section 73 Town & Country Planning Act 1990 to amend condition 2 to planning permission 1/18/9006, for construction and operation of a building for the processing of waste to produce Refuse Derived Fuel and processing of co-mingled recyclable material, to include amended plans showing the inclusion of a water tank as part of the development and to approve details of arrangements for drainage submitted under conditions 7, 8, 9, 10 and 13 of planning permission 1/18/9006. Location: Hespin Wood Waste Management Park, Rockcliffe, Carlisle, CA6 4BJ pdf icon PDF 874 KB

[Electoral Divisions: Longtown]

 

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

Minutes:

The order of business was changed. This was the first substantive item to be considered.

A report was considered from the Executive Director – Economy and Infrastructure.

The Manager Development Control and Sustainable Development reminded members that determination of the decision had been deferred at the 29 September 2022 meeting for re-consultation to take place to make it clear to the public that the whole development was being dealt with retrospectively. He advised that although consultation letters had been sent out, the description of how the Council had intended to deal with the application had not been fully explained on the Council`s website. He had received correspondence stating that the public may not know the full details if they looked at the website.

Members were provided with the options of deferring the decision again in order that the website was corrected or to determine the decision at this meeting. He confirmed that interested parties knew the details, had been re-consulted advising of the method of proposed determination and the information had been in the public domain other than on the website.

A member asked if the public would have any redress if they had not seen the information on the website. The Planning Lawyer advised on this and asked if the Committee was satisfied that enough public consultation had been carried out.

A member referred to email correspondence about the statutory consultation period being shortened. The Manager Development Control and Sustainable Development considered this to be a separate issue. He reported on the pertinent dates of the consultation period and how they fitted in with publication of the report. He confirmed that all statutory consultees had been re-consulted.

After a member asked if there was a risk that the applicant could appeal on the grounds of non-determination. This was thought to be unlikely.

The Chair asked the Committee to decide whether to defer the decision to a future meeting or to determine it at this meeting.

Mr Markley Moved that the decision be determined at this meeting as the Committee had the information before them. He was unhappy at the amount of late information received the night before the meeting in the Update Sheets and he thought the application needed to be determined. The Planning Lawyer explained that members should be satisfied that there had been adequate consultation. Mr Markley thought this was the case.

It was noted that the decision would be brought to the 1 December 2022 meeting should it be deferred again.

A member asked if the omission of the wording on the website would have a material bearing on the decision. The Planning Lawyer confirmed it would and explained why.

Mr Cotton proposed a deferral of the decision as the first Update Sheet was 120 pages which he hadn’t fully read. He talked about transparency of decision making and asked about the risks relating to deferring determination of the decision. The Manager Development Control and Sustainable Development explained that developments of this type often attracted late  ...  view the full minutes text for item 65.

66.

Applications Determined Under Delegated Powers pdf icon PDF 42 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.

67.

Applications Proposed to be Determined Under Delegated Powers pdf icon PDF 50 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.

68.

forward plan pdf icon PDF 122 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.

 

RESOLVEDthat, the Forward Plan be noted

69.

Date and time of next meeting

The next meeting will be held on 1 December 2022 10.00am at County Offices, Kendal.

Minutes:

The next meeting of the Committee will be held on 1 December 2022 at 10.00am, County Offices, Kendal

70.

UPDATE SHEET PUBLISHED 11.10.22 pdf icon PDF 913 KB

Additional documents: