Agenda and minutes

To receive any apologies for absence.

Apologies for absence were received from Mr A McGuckin and Mr D Wilson.

To note any changes in membership.

It was noted that Mr M Wilson replaced Mr A McGuckin as a member of the Committee for this meeting only.

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).

Mr J Mallinson declared a non pecuniary interest in Agenda Item No 8 - Wildlife and Countryside Act 1981 - Section 53 Application to Add Public Footpaths at Deer Park in the City of Carlisle, as he lived close to the site, and had used it in the past.  He would not take part in the consideration  of the item or vote.

To consider whether the press and public should be excluded from the meeting during consideration of any item on the agenda.

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 2 March 2022 (copy enclosed).

RESOLVED,   that, the minutes of the meeting held on 2 March 2022 be confirmed as a correct record and signed by the Chairman.

[Electoral Division: Whitehaven]

To consider a report from the Executive Director – Economy and Infrastructure (copy enclosed).

Members considered a report by the Executive Director – Economy and Infrastructure which informed the Committee that a Section 10 Prohibition Notice had been served earlier this year, on The Recreation Ground, Whitehaven prohibiting spectator access to areas of the Popular Terrace and Kells Stand, Recreation Ground, but that the notice had now been lifted..

On 3 March 2022 an updated report was presented that was acceptable to the SAG and the Section 10 Prohibition Notice was lifted from the side barriers.

RESOLVED,   that the report be noted.

[Electoral Division: Cartmel]

To consider a report from the Executive Director – Economy and Infrastructure (copy enclosed).

The Committee considered a report from the Executive Director – Economy and Infrastructure regarding an application which had been received to add a section of public footpath at Penny Bridge, Cartmel in the Parish of Lower Allithwaite to the Definitive Map and Statement.

Members were presented with the evidence regarding the route and a decision was sought as to whether to proceed with the next stage of the process by making a legal order.

It was reported the main use of the claimed path seemed to be either to access the caravan site, allotments or the pub beer garden, none of which were public places, as such it would appear that use of the path had been by invitation and exercising a private right rather than a public right.

A gate was present at point D between the end of the bridge and the beer garden of the Royal Oak Inn, which was equipped with a code lock but was presently unlocked.  However, with the bridge in disrepair and chained off access beyond point C had not been available for some time.

Members had a number of questions about the route and the ownership of the derelict bridge.  A suggestion was made that it might be better to defer this application pending further information.

Officers informed members that they had been trying to identify the landowner for a considerable period of time.  Notices had been installed in and around the area but no-one had come forward.  They had also requested further evidence from the applicants, but nothing had been provided.

After further consideration of the item it was moved and seconded that the application be deferred for clarification about the extent of the route and for further information about the ownership of the derelict bridge.  This was then put to a vote.

With 15 for and 2 against in was RESOLVED,  that the application be deferred pending additional information.

[Electoral Division: Belah]

To consider a report from the Executive Director – Economy and Infrastructure (copy enclosed).

Mr J Mallinson declared a non pecuniary interest in this item, as he lived close to the site, and had used it in the past.  He did not take part in the consideration of the item.

Members received a report from the Executive Director – Economy and Infrastructure regarding an application which had been received to add sections of public footpath at Deer Park in the City of Carlisle.  The Committee noted that this followed an earlier report which was presented to members on 2 December 2021, when it was resolved that the item be deferred to a future meeting following an indication that further user evidence would be available to support the claim.

Members noted the report presented evidence regarding the claimed paths, and for a decision to be made whether to proceed to the next stage of the process by making a legal order.

The Countryside Officer made a presentation using plans and photographs to explain the application in more detail.  He took members through the report, and detailed an analysis of all the user claim forms which had been submitted.

As of 30 June 2021 the land in question was transferred to the ownership of a developer, and a submission had been produced on their behalf.

The Countryside Access Officer then detailed the consultations and the Chair then opened the meeting up to public participation.

Karen Lawson – speaking in support

‘In over 30 years of living directly opposite Deer Park Field I have witnessed it developing into a valuable community amenity with many well-walked footpaths.  When we moved in, in 1988, Etterby Park estate had not yet been built and the whole area from the shops was agricultural land used for grazing cattle and occasionally horses.

Following the building of Etterby Park in 1995 the remainder of the field ceased to have livestock and in the following decades had reverted to a wilder landscape.

Informal footpaths began to be used and landowners over many years did nothing to prevent entry or the footpaths becoming rights of way.  In around 2008 or 2009 a single the footpath became formalised and finger posts erected. By this point there were already other good quality paths over the field that had been there for some years.

The finger post opposite number 10 Kingmoor Road pointed in a general direction and immediately divided into 3 paths. The official path could be very muddy during the winter so others were used as alternatives and were used all year.

Of the various informal paths into, across and around Deer Park Field various paths became more well used and regularly used.  In the summer months the vegetation grew up more and so it was always easiest walking the already trodden paths and so they became more developed.  It was rare to walk in the field without meeting other walkers.  My home overlooks the field and I often saw walkers.

We have gathered evidence of long-term use although the nature of the housing in much  ...  view the full minutes text for item 72.

[Electoral Division: Dearham and Broughton]

To consider a report from the Executive Director – Economy and Infrastructure (copy enclosed).

Mr Worth left the meeting at this point.

The Committee considered a report by the Executive Director – Economy and Infrastructure which informed members that Bridekirk Parish Council had identified a requirement for a safe off-road pedestrian route within the village of Dovenby, to link the two existing bus stops with the rest of the village. 

Members were informed that as part of the scheme the landowners had agreed to dedicate land for the section of public footpath (as shown on the plan at Appendix A to the report) whilst noting that the dedication of the route could be carried out by an Agreement under Section 25 of the Highways Act 1980.

Members indicated support for this dedication and it was proposed and seconded and put to a vote.

With 16 for and no abstentions it was 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 create a public footpath in the parish of Bridekirk (as shown A-F on the plan at Appendix A to the report).

The meeting then adjourned at 11.25am and reconvened at 11.35am.

[Electoral Division: Gosforth]

To consider a report by the Executive Director – Economy and Infrastructure (copy enclosed).

Members considered a report from the Executive Director – Economy and Infrastructure regarding Application Reference No. 4/21/9005: Proposal for the Construction of Lightly Shielded Store (LSS1), ancillary support buildings and associated infrastructure at Sellafield Ltd, Seascale, CA20 1PG.

The Planning Officer gave members a presentation using plans and photographs to explain the planning application.  The officer also took members through the report in detail.

The Planning Officer recommended that the application be granted subject to the conditions set out in Appendix 1 of the report.

One of the members asked whether any consideration had been given to installing solar panels on the roof of the new building.

Members queried a number of the acronyms/abbreviations referenced in the report and the officers responded in respect of these.

The officer responded to say that this had been considered by the applicant but there was an incompatibility of solar PV with their existing energy systems on site.

The recommendation was moved and seconded and put to a vote, which was cast as followed: 16 members in favour, 0 against and 0 abstentions.

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

[Electoral Division: Lyth Valley]

To consider a report from the Executive Director – Economy and Infrastructure (copy enclosed).

Members considered a report from the Executive Director – Economy and Infrastructure regarding Application Reference No. 5/22/9003: Proposal for the erection of an extension to provide a new classroom, meeting room, sanitary facilities, and other ancillary spaces with associated demolition of an existing outbuilding to accommodate this; and erection of a new external store at Levens C of E Primary School, Church Road, Levens, Kendal, LA8 8PU.

The Planning Officer gave members a presentation using plans and photographs to explain the planning application, and summarised the key conclusions within the report.

The officer drew members’ attention to the old dining room which had been used until 2017.  This room was no longer utilised by the school, and no change of its use had occurred since.

The Planning Officer recommended that the application be granted subject to the conditions set out in Appendix 1 of the report.

A member queried whether the new external store should be faced with stone instead of the proposed timber cladding.  The Planning Officer said this had been considered but felt the proposed timber cladding material had a more modern look and would tie in neatly in the glimpses of timber clad classroom extension available from Church Road.

It was proposed and seconded that members accept the officer recommendation and this was then put to a vote.

With 16 members voting in favour and 0 against, and no abstentions it was RESOLVED,           that planning permission be granted subject to the conditions set out in Appendix 1 of the report.

[Electoral Divisions: Various]

To consider a report from the Executive Director – Economy and Infrastructure (copy enclosed).

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.

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 (copy enclosed).

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.

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 (copy enclosed).

To note the Committee’s Forward Plan.

The list of applications to be considered at future meetings was discussed.

Members were provided with an update on the West Cumbria Mining application.

There were no site visits currently scheduled for May 2022.  However, members requested that a site visit be in the future to High Close Quarry.

RESOLVED,   that the Forward Plan be noted.

The next meeting will be held on Tuesday 7 June 2022 at 10.00am at County Offices, Kendal.

It was noted that the next meeting of the Committee would be held on Tuesday 7 June 2022 at 10.00 am at County Offices, Kendal.