Agenda and minutes

Development Control and Regulation Committee
Friday, 22nd February, 2019 10.00 am

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

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

Items
No. Item

107.

Apologies for Absence

To receive any apologies for absence.

Minutes:

Apologies for absence were received from Mrs H Carrick, Mr J Holliday, Mr D Whipp and Mr M Worth.

108.

Changes in Membership

To note any changes in membership.

Minutes:

It was noted that Mr Kitchen had replaced Mr Whipp and Mr Gawne had replaced Mrs Carrick as members of the Committee for this meeting only.

109.

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 Fisher declared a non-pecuniary interest in agenda item 11a, Planning Application No 1/19/9001  Application Type: Full & Change of Use Proposal: Change of use to and construction of a Multi-Use Games Area and associated enabling demolition and structural stabilisation works.at land adjacent to Brook Street Primary School, Edward Street, Carlisle, CA1 2JD as he was Chair of Governors at the school. He stated that he would not leave the room during consideration of the item and would not vote.

110.

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 be not excluded during consideration of any items of business.

111.

Minutes pdf icon PDF 163 KB

To confirm as a correct record the Minutes of a meeting held on 18 January 2019

 

Minutes:

Minute 101(a) Application no 1/18/9012 at Kingmoor Park Industrial Estate, Land to the North of Kings Drive, Carlisle, CA6 4SE. Page 22 of the Agenda pack. Hydrolysis be changed to pyrolysis.

 

RESOLVED        that subject to the correction above, the minutes of the meeting held on 18 January 2019 be confirmed as a correct record and signed by the Chairman.

112.

COMMONS REGISTRATION: - APPLICATION FOR REGISTRATION OF LAND AT HARRINGTON MARINA, HARRINGTON, WORKINGTON AS A TOWN OR VILLAGE GREEN pdf icon PDF 176 KB

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

Additional documents:

Minutes:

Mr Morgan stated that he would abstain from voting on this application.

 

A report was considered from the Acting Executive Director – Economy and Infrastructure on an application for registration of land at Harrington Marina, Harrington, Workington as a town or village green.

 

The Commons Registration Officer guided members through the report, advising on background to the application, the Law, the application of the law to the facts and evidence of the application, objections received, oral representations and the legal implications of the application. She presented maps and photographs of the area and advised members of the one objection that had been received. In her opinion, the statutory criteria had been satisfied.

 

The Chair reported that he had received written comments from the Local Member but the comments were not strictly relevant to the application.

 

Mrs Harrington, the applicant attended the meeting as per the Public Participation Scheme and made the following points:

 

·         500 houses had been built in the Harrington Ward since the application was submitted and more were planned

·         The land was vital for local people to use as there were few local green spaces.

·         Local residents made regular use of the land

·         The only recreational area in Harrington was the Marina

·         Increasing numbers of residents were using the area

·         Most of Harrington green spaces no longer existed due to Government house building policy which had no preparation for infrastructure

·         Local children needed green spaces for healthy development

 

The applicant was thanked for her application, with a number of members commenting on how comprehensive it was. A member queried whether the photographs included in the application pertained to the area in question. The applicant commented on the activities undertaken on and the extensive use of the land by local residents.

 

The Local Member’s written comments were referred to, with a member commenting on the validity of the comments. The Chair advised that the application before members was not for a housing development. A member commented on the use and history of the area and endorsed the application. It was raised that the area had been overlooked in the Allerdale Local Plan.

 

It was moved by Mr Fisher and seconded by Mr Wilson that the application be accepted. Following a vote For: 15, Against: 0, Abstention: 1 (Mr Morgan) it was

 

RESOLVED that the Committee accept the application on the ground that the statutory requirements contained at Section 15(2) of the Commons Act 2006 have been met.

113.

HIGHWAYS ACT 1980 SECTION 119 - APPLICATION TO DIVERT PUBLIC FOOTPATH NO 218007 PARISH OF BROUGHTON AND PUBLIC FOOTPATH NO 247003 PARISH OF PAPCASTLE: DISTRICT OF ALLERDALE pdf icon PDF 949 KB

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

 

Minutes:

A report was considered from the Acting Executive Director – Economy and Infrastructure regarding the Highways Act 1980 Section 119 – Application to divert public footpath no 218007 parish of Broughton and public footpath no 247003 parish of Papcastle: District of Allerdale.

 

The Senior Countryside Officer guided members through the report, presenting a map for members to understand the area.

 

Following member questions, the Senior Countryside Officer advised on the placement and resilience of the footbridge. Members were advised of the responsibility of the County Council to realign the footpath should there be future erosion.

 

It was moved by Mr McGuckin and seconded by Mr Bingham that the sections of the footpath outlined in the report be diverted to a new route and action be taken to confirm the order. Following a vote, For: 16, Against: 0, Abstain:0 it was

RESOLVED, that

1          Pursuant to the power set out at Part 2G paragraph 2.1(g)(iii) of the Council’s Constitution, an order be made under Section 119 of the Highways Act 1980 to divert those sections of public footpath no 218007 in the parish of Broughton shown A-B to a new route A-B and shown C-E to new route C-D-E on the plan at Appendix A; and that section of public footpath no 247003 in the parish of Papcastle shown F-G to a new route F-G on the plan at Appendix A;

2             That all necessary actions be taken to confirm the order

114.

HIGHWAYS ACT 1980 SECTION 119 - APPLICATION TO DIVERT PUBLIC FOOTPATH NO 214012 PARISH OF BOWNESS ON SOLWAY: DISTRICT OF ALLERDALE pdf icon PDF 616 KB

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

 

Minutes:

A report was considered from the Acting Executive Director – Economy and Infrastructure regarding the Highways Act 1980 Section 119 – Application to divert public footpath no 214012 parish of Bowness on Solway: District of Allerdale.

 

The Senior Countryside Officer guided members through the report, presenting a map for members to understand the area.

 

Following member questions, the  Senior Countryside Officer commented on the new path and its crossing of drains and the vehicular bridges in place. Members were informed that drainage in the area was being altered.

 

The Local Member gave his support to the application. It was moved by Mr Markley and seconded by Mr Bowness that the order to divert the footpath outlined in the report be made. Following a vote For: 16, Against: 0, Abstain: 0

 

RESOLVED that,

1             That, pursuant to the power set out at Part 2G paragraph 2.1(g)(iii) of the Council’s Constitution, an order be made under Section 119 of the Highways Act 1980 to divert a section of public footpath no 214012 shown A-B to a new route A-C-D-E-F-G-H-B on the plan at Appendix A;

2             That all necessary actions be taken to confirm the order

115.

WILDLIFE & COUNTRYSIDE ACT 1981 - SECTION 53 PROPOSAL TO UPGRADE PUBLIC FOOTPATH NO 362033 TO BRIDLEWAY AND ADD A SECTION OF PUBLIC BRIDLEWAY AT LINTON GILL, IVEGILL IN THE PARISH OF SKELTON, DISTRICT OF EDEN pdf icon PDF 1 MB

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

 

Additional documents:

Minutes:

A report was considered from the Acting Executive Director – Economy and Infrastructure regarding  Wildlife & Countryside Act 1981 – Section 53 proposal to upgrade public footpath no 362033 to a bridleway and add a section of public bridleway at Linton Gill, Ivegill in the parish of Skelton, district of Eden.

 

The Senior Countryside Officer guided members through the report, presenting a map of the area in order to aid members’ understanding of the application. Members were advised that there had been a previous application to upgrade the public footpath and add a section of public bridleway at this location which had been rejected by the Committee and that the applicant had been advised that only new evidence would be considered. The applicant had been given the opportunity to present further evidence however, the evidence produced was insufficient.

 

Members were informed that the footpath in question would remain as a public right of way. The differences that would occur on the footpath should it be upgraded were outlined for members.

 

It was moved by Mr McGuckin and seconded by Mr Fisher that the application to upgrade the footpath as outlined in the report be rejected. Following a vote For: 15, Against: 0, Abstain: 1, it was

 

RESOLVED that the application to upgrade public footpath no 362033 to a bridleway (shown A-B on the map at Appendix A) and add a new length of public bridleway in the parish of Skelton (shown B-C on the map annexed at Appendix A) be rejected.

116.

LOCALISM ACT 2011 SECTION 1(1) - APPLICATION TO CREATE PUBLIC FOOTPATHS AT WALKMILL IN THE PARISH OF MORESBY: DISTRICT OF COPELAND pdf icon PDF 860 KB

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

 

Minutes:

A report was considered from the Acting Executive Director – Economy and Infrastructure regarding the Localism Act 2011 section 1(1) – Application to create  public footpaths at Walkmill in the parish of Moresby: district of Copeland.

 

The Senior Countryside Officer outlined the background to the proposed dedication of a network of public footpaths. Members were informed that local people were concerned that permissive routes would be lost in the sale of land in the near future. It was confirmed that if the land was sold, the landowner could apply to divert the footpaths. The actions relating to footpaths that could be taken by the new landowner were outlined for the Committee. A member commented that using the powers of the Localism Act 2011 was the best method for retaining public rights of way in this case.

 

It was moved by Mr Morgan and seconded by Mr Hitchen that the sections of land as outlined in the report be dedicated as public footpaths. Following a vote, For: 16, Against: 0, Abstain: 0 it was

 

RESOLVED    that, using powers set out in the Localism Act 2011 at section 1(1), dedicate those sections of land as public footpaths marked A-B-C-D-E- F;  B-G and C-H-I-J  described in Appendix A shown on the plan at Appendix B to the report

117.

Reports on Applications for Planning Permission pdf icon PDF 79 KB

[Electoral Divisions: Various]

 

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

 

These are applications which are determined by the County Council after taking into account the views of consultees and relevant representations.  Applications in this category are prescribed by legislation. Private applications principally relate to minerals and waste management activities and associated development. County applications are developments which are to be carried out by the County Council itself or jointly with any other person.

 

 

117a

Application Reference No. 1/19/9001 Application Type: Full & Change of Use Proposal: Change of use to and construction of a Multi-Use Games Area and associated enabling demolition and structural stabilisation works. Location: Land adjacent to Brook Street Primary School (formerly 3 & 4 Roseville Terrace), Edward Street, Carlisle, CA1 2JD pdf icon PDF 469 KB

Minutes:

A report was considered from the Acting Executive Director – Economy and Infrastructure regarding Application Reference No. 1/19/9001, Application Type: Full & Change of Use, Proposal: Change of use to and construction of a Multi-Use Games Area and associated enabling demolition and structural stabilisation works. Location: Land adjacent to Brook Street Primary School (formerly 3 & 4 Roseville Terrace), Edward Street, Carlisle, CA1 2JD.

The Planning Officer presented the report, showing location and site plans, aerial photographs, the existing and proposed site layout and elevations and photographs showing the current condition of the site and the street scene. Members’ attention was drawn to the update sheet which provided errata and clarifications and advised on actions undertaken since the report was published. He was satisfied that the proposal did not affect amenity and recommended that the recommendation be granted as modified by the update sheet.

Following member questions, the Planning Officer confirmed that the proposal would expand the area to play, replace bricks that were in poor condition, the facility would not be open outside of school hours, only one representation had been received from neighbours and the applicant had undertaken engagement sessions with neighbouring residents. A member familiar with the site added that a single brick wall would provide another skin to the home of the neighbouring property. In discussing the compensation claim identified in the report, the Planning Officer advised that the County Council did not have a role in this issue. The Solicitor provided legal clarification on this matter.

A member acknowledged the reasons for time restrictions on the use of this proposal but asked that where site context allowed, school play facilities be made accessible to the wider public where possible. A member familiar with the area commented on the number of public green spaces and play facilities close to the proposal location. He commented that the school was landlocked and advised how play was affected at the school site.

It was moved by Mr Markley and seconded by Mr Morgan that planning permission be granted subject to the conditions set out in Appendix 1 to the report. Following a vote For: 15, Against: 0, Abstain: 1 (Mr Fisher), it was

 

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

117b

Application Reference No. 2/18/9014 Application Type: Full Planning Permission Proposal: Proposed internal remodelling, replacement of existing external windows and doors, external landscaping works and proposed single storey extension.Location: Inglewood Residential Care Home, Lowmoor Road, Wigton, CA7 9QL Applicant: Cumbria County Council - Capital programmes, Economy and Infrastructure pdf icon PDF 400 KB

Minutes:

A report was considered from the Acting Executive Director – Economy and Infrastructure regarding Application Reference No. 2/18/9014 Application Type: Full Planning Permission Proposal: Proposed internal remodelling, replacement of existing external windows and doors, external landscaping works and proposed single storey extension. Location: Inglewood Residential Care Home, Lowmoor Road, Wigton, CA7 9QL

The Lead Officer - Development Control guided members through the main elements of the proposal. Members were shown plans and photographs of the site, floor plans, the extension design and materials to be used, photographs from the road showing parking and gave a view on car parking in the area. He recommended to members that planning permission be granted subject to the conditions set out in Appendix 1 of the report.

It was moved by Mr McGuckin and seconded by Mr Bowness that planning permission be granted subject to the conditions set out in Appendix 1 of the report. Following a vote For:16, Against: 0, Abstain: 0 it was

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

117c

Application Reference Nos. 3/18/9004 & 3/18/9005 Location: Shapfell Limestone Quarry, Hardendale, Shap, Penrith, CA10 3LH Application Types: Section 73 Applications to Vary and/or Remove Planning Conditions Proposals 3/18/9004: To vary and remove conditions of planning permission 3/06/9011 to provide an extended timeframe for the completion of restoration operations and revised restoration scheme. 3/18/9005: To vary and remove conditions of planning permission 3/06/9010 to provide an extended timeframe for the completion of restoration operations and revised restoration scheme. Applicant: Tata Steel pdf icon PDF 841 KB

Minutes:

A report was considered from the Acting Executive Director – Economy and Infrastructure regardingApplication Reference Nos. 3/18/9004 and 3/18/9005 Location: Shapfell Limestone Quarry, Hardendale, Shap, Penrith, CA10 3LH Application Types: Section 73 Applications to Vary and/or Remove Planning Conditions Proposals 3/18/9004: To vary and remove conditions of planning permission 3/06/9011 to provide an extended timeframe for the completion of restoration operations and revised restoration scheme. 3/18/9005: To vary and remove conditions of planning permission 3/06/9010 to provide an extended timeframe for the completion of restoration operations and revised restoration scheme.

 

The Planning Officer presented the application in detail confirming that there would be no further mineral extraction, only restoration on site. He presented:

·                Ordnance Survey maps of various scales showing the site

·                An explanation of the area

·                The zone of theoretical visibility of the quarry

·                A plan showing designated nature conservation areas

·                Aerial photography of the location

·                Photographs of the quarry

·                The currently approved restoration plan

·                The proposed restoration plan and 3 phases of restoration

·                The reasons for the timescale to restore the site

The Planning Officer drew members’ attention to the Update Sheet which included revised text to modify Condition 2. He summed up the reason for his recommendation (as modified by the update sheet) and talked about the Section 106 agreement.

The Applicant Mr R Peters of Turley attended as per the Public Participation Scheme and introduced his colleagues from Tata and Turley to the Committee

He made the following points:

·                He had been involved in the extraction of limestone at Shapfell for 50 years

·                To support its steel making business, Tata was seeking to restore the site to a high standard to bring long term benefits for ecology and the community in a sensitive and important landscape

·                Full pre application consultation with the public and stakeholders had taken place as well as collaborative working with County Council officers to produce the positive restoration scheme

·                The Committee report was comprehensive and addressed all issues

·                It struck a balance between long term ecology, local farming and agriculture, local interest and other community groups

·                The report satisfied the statutory authorities such as the Environment Agency and Natural England

Mr Peters thanked the County Council and the Planning Officer for its comprehensive and positive approach and the efficient presentation of the application to members.

A number of members commented on the excellent presentation from the Planning Officer. The applicant explained the process for identifying the amount of native woodland to be used in the restoration process. A short discussion took place on members’ own use of the area and the historical importance of woodland. It was confirmed that following restoration, ownership of the land would return to the original landowner. A short discussion took place on the future demand for limestone. The applicant hoped that restoration of the quarry would be quicker than that identified.

It was moved by Mr Markley and seconded by Mr Fisher that planning permission be granted. Following a vote, For: 15, Against: 0, Abstain: 1  ...  view the full minutes text for item 117c

118.

Applications Determined Under Delegated Powers pdf icon PDF 76 KB

[Electoral Divisions: Various]

 

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

 

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

Minutes:

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

119.

Applications Proposed to be Determined Under Delegated Powers pdf icon PDF 92 KB

[Electoral Divisions: Various]

 

To consider a report from the Acting 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:

Members’ attention was drawn to the update sheet which included an extra application that was proposed to be determined under delegated powers.

 

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

120.

Applications to be Considered at Future Meetings pdf icon PDF 97 KB

[Electoral Divisions: Various]

 

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

 

To note the list of outstanding planning applications.

Minutes:

RESOLVED that, the list of planning applications to be considered at future meetings be noted

121.

PLANNING ENFORCEMENT RELATED MATTERS pdf icon PDF 65 KB

[Electoral Divisions: Various]

 

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

 

Minutes:

There were no reports and updates on planning enforcement matters to be considered.

 

 

122.

Date and time of next meeting

The next meeting will be held on 5 April 2019 at 10am at County Offices, Kendal.

Minutes:

Discussion took place about the Committee convening a meeting on 19 March 2019 at 10.00am, at County offices, Kendal to consider planning application4/17/9007 at Former Marchon Site, Pow Beck Valley and area from, Marchon Site to St Bees Coast,  Whitehaven, Cumbria only.

 

Members were asked to consider their availability to attend the meeting and the site visit. A significant number of members of the public had already indicated their wish to speak at the meeting under the Public Participation Scheme.

 

All Committee members and substitute members would be invited to the Site Visit. Members asked that a detailed presentation be provided by officers at the meeting on the 19March 2019 meeting. Members concurred that the meeting should be convened.

 

RESOLVED    that the Development Control and Regulation Committee convene a meeting on 19 March 2019 at 10.00am, at County Offices, Kendal to consider only, planning application4/17/9007 at Former Marchon Site, Pow Beck Valley and area from, Marchon Site to St Bees Coast,  Whitehaven, Cumbria.