DEVELOPMENT CONTROL AND REGULATION COMMITTEE

Minutes of a Meeting of the Development Control and Regulation Committee held on Thursday, 25 April 2013 at 11.00 am at Council Chamber - County Offices, , LA9 4RQ

PRESENT :

Mr LN Fisher (Chairman)

Mr I Stockdale (Vice-Chair) Mr G Humes Mr W Bleasdale Mr KA Little Mrs SE Brown Mr J McCreesh Mrs HF Carrick Mr FI Morgan Mr J Cowell Mr AP Richardson Mrs BC Gray Mr M Stephenson Mr KR Hamilton Mr I Stewart Mr JS Holliday Mr A Toole Mr P Hornby

Also in Attendance:-

Mrs J Corry - Team Leader, Development Control Mr I Fairlamb - Planning Services Manager Ms J Hounslow - Senior Democratic Services Officer Mrs M Mason - Senior Planning Officer Mr E Page - Planning Officer Mr A Sims - PROW Mapping Officer, Environment Ms M Spark - Solicitor

PART 1 – ITEMS CONSIDERED IN THE PRESENCE OF THE PUBLIC AND PRESS

110 APOLOGIES FOR ABSENCE

Apologies for absence were received from Mrs V Tarbitt.

111 CHANGES IN MEMBERSHIP

It was noted that Mrs S Brown replaced Mrs V Tarbitt as a member of the Committee for this meeting only. As there was a Labour Group vacancy on the Committee, Mr K Little was present as a member of the Committee for this meeting only.

112 DISCLOSURES OF INTEREST

Mr Morgan declared an interest in Agenda Item No. 7b) Planning Application No. 2/13/9003 Erection of HWRC, Lillyhall Industrial Estate, as he received a pension from a company objecting to the plans.

113 EXCLUSION OF PRESS AND PUBLIC

RESOLVED, that the press and public be not excluded during consideration of any items of business.

114 MINUTES

Subject to Mr Bleasdale being listed in Minute No. 96 Apologies for absence, it was,

RESOLVED, that the minutes of the meeting held on 27 March 2013 be confirmed as a correct record and signed by the Chairman.

115 WILDLIFE AND COUNTRYSIDE ACT 1981

(1) Section 53 Application to Add A Public Footpath at Main Street in the Parish of and Frizington: District of Copeland

Mr Sims, PROW Mapping Officer presented the report. He informed members that there was no known landowner of the lane and dispensation had been received from the Planning Inspectorate regarding serving the statutory notice. He had received no objections to the application.

RESOLVED, that the Assistant Director – Legal and Democratic Services be authorised to make an Order under Section 53(3)(c)(i) of the Wildlife and Countryside Act 1981, the effect of which, if confirmed, would be to add a public footpath in the parish of Arlecdon and Frizington as shown A-B on the plan at Appendix A to the Council’s Definitive Map and Statement of Public Rights of Way.

(2) Section 53 Application to Add a Public Footpath at Lime Kiln Wood, Parish of Grange Over Sands: District of

Mr Sims, PROW Mapping Officer presented the report and informed members that no objections had been received.

RESOLVED, that the Assistant Director – Legal and Democratic Services be authorised to make an Order under Section 53(3)(c)(i) of the Wildlife and Countryside Act 1981, the effect of which, if confirmed, would be to add a public footpath at Lime Kiln Wood, in the parish of Grange-over-Sands as shown A-B-C on the plan at Appendix A to the Council’s Definitive Map and Statement of Public Rights of Way.

116 REPORTS ON APPLICATIONS FOR PLANNING PERMISSION

2 (1) Planning Application No. 1/13/9010 Extensions to provide additional teaching space and meeting room; replacement of windows associated with internal alterations. Yewdale Primary School, Yewdale Road,

Mr Page, Planning Officer presented the report. There had been objections relating to an increase in traffic flow and car parking issues. In mitigation, condition 5 had been amended to change the timings for construction traffic so they would not be permitted to enter or exit between school muster times. A question was asked about the BREEAM standard for sustainable buildings and what levels the County Council were seeking with regard to their own developments. New schools were built to exceptional standards but it was harder to do the same with extensions to existing schools. However, the design of the extension used airtight materials and the window units to be used were of a much higher specification than in the existing building. The Chairman was concerned that the travel plan for the school did not go far enough. He suggested that parents/carers walked their children to school every day, not just once per week, as stated in the plan. The Active Travel Team would be working with the school to try and encourage children and their parents/carers to walk more.

RESOLVED, that planning permission be GRANTED for the reasons stated in Appendix 1 and subject to the conditions in Appendix 2.

As he had declared an interest earlier in the meeting, Mr Morgan left the room.

(2) Planning Application No. 2/13/9003 Erection of Household Waste Recycling Site with associated works and modular building Land to North- West of Highways Depot, Joseph Noble Road, Lillyhall Industrial Estate, Lillyhall, , CA14 4JX

Mr Page, Planning Officer presented the report and stated that the site was highly suited for a HWRC, had excellent highway links and was supported by Policy. A member asked if any traffic monitoring had been undertaken, as cars currently parked on Joseph Noble Road, adjacent to the site but the ‘no waiting/no parking’ restrictions signage would potentially create problems down the road. He also wanted assurances that any foul water from the site, would not be discharged into the beck. In response Mr Page, advised that although workers from neighbouring sites did park on the roadside, it was not a material planning consideration. The Environment Agency and United Utilities were satisfied with the mitigation relating to foul water which was covered under Condition 7. Members pressed the need for the road signage to be erected as close to the opening of the site as possible. The proposed conditions required the applicant to provide a timetable detailing when the signs would be erected.

RESOLVED, that planning permission be GRANTED for the reasons stated in Appendix 1 and subject to the conditions in Appendix 2:-

i. the applicant entering a Section 106 agreement to pay £5,500 to fund the introduction of a “no waiting at any time

3 restriction” from the site entrance to the T-junction with Joseph Noble Road.

Mr Morgan re-entered the room.

(3) Planning Application No. 2/13/9005 To replace extant planning permission 2/10/9009 in order to extend the time limit for implementation for the erection of an Anaerobic Digestion Plant. Land between Lowther Farm & Kirkbride Airfield IndustrialEstate, Kirkbride, , , CA7 5HW

Mrs Mason, Senior Planning Officer presented the report and advised that the application was to obtain a time extension of a further three years in which to implement the consent granted in May 2010. She added there had been no objections to the application from the local member or members of the public.

RESOLVED, that planning permission be GRANTED for the reasons stated in Appendix 1 and subject to the conditions in Appendix 2.

(4) Planning Application No. 3/13/9002 Variation of condition no. 2 of planning permission 3/03/9001 to allow the extraction of stone until 2023. Pickering Quarry, Orton Scar, Crosby Ravensworth, Orton, Penrith, Cumbria

Mrs Corry, Team Leader – Development Control presented the report and advised the application sought to extend the existing time limit on the planning consent for a further 10 years. The rate of extraction of stone from the site was very low, equivalent to one 20 tonne load leaving the site per week.

RESOLVED, that planning permission be GRANTED for the reasons stated in Appendix 1 and subject to the conditions in Appendix 2.

117 REPORTS AND UPDATES ON PLANNING ENFORCEMENT RELATED MATTERS

(1) EN13-3001 Enforcement Action. – Enforcement Notices and Stop Notice. Land to the rear of Moredun Garage, Alston

RESOLVED, that the report be noted.

118 APPLICATIONS/CONSULTATIONS DETERMINED UNDER DELEGATED POWERS

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

119 APPLICATIONS/CONSULTATIONS PROPOSED TO BE DETERMINED UNDER DELEGATED POWERS

4 Members considered the list of applications/consultations proposed to be determined under delegated powers.

Mr Stephenson asked that details relating to Planning Application No. 3/13/9004 Proposed storage area for DSG, Kirkby Thore Works, Penrith be sent to him, as the adjacent local member.

Mr Hamilton referred to Planning Application No. 6/13/9004 Listed building consent for the installation of pigeon bird netting over the top of a lanternlight located to the Nan Tait Centre’s enclosed court yard, Abbey Road, Barrow-in-Furness and asked how any birds caught in the netting would be freed. Officers would ensure the applicant adhered to health and safety regulations for staff, when freeing trapped birds.

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

120 APPLICATIONS TO BE CONSIDERED AT FUTURE MEETINGS

The list of applications to be considered at future meetings was discussed. The Chairman requested a site visit to Planning Application No. 1/13/9008 Retention and use of mobile recycling equipment for disposal of spent ballast and concrete sleepers from railway network, Kingmoor Marshalling Yard, Carlisle as he had been contacted by Kingmoor Parish Council who had concerns relating to dust.

There was a request for figures relating to the number of offshore windfarms to be provided in the future. Recently, three turbines had been erected at Flimby but residents in Broughton Moor were now complaining of flicker effect and had also lost television signal reception. The developer and Borough Council had been informed. Following on from the earlier site visit to Planning Application No. 2/12/9011 Erection and operation of 4 wind turbines, Lillyhall Landfil Site, Workington, a member requested a photo montage be produced on the impact of the turbines on Gilgarran and Pica.

RESOLVED, that a site visit be held to Planning Application No. 1/13/9008 Retention and use of mobile recycling equipment for disposal of spent ballast and concrete sleepers from railway network. Kingmoor Marshalling Yard, Carlisle on Wednesday 3 July 2013.

The meeting ended at 11.40 am

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