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(Public Pack)Agenda Document for Planning Committee, 18/07/2019 09:30

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(Public Pack)Agenda Document for Planning Committee, 18/07/2019 09:30 Date: 10 July 2019 Town Hall, Penrith, Cumbria CA11 7QF Tel: 01768 817817 Email: [email protected] Dear Sir/Madam Planning Committee Agenda - 18 July 2019 Notice is hereby given that a meeting of the Planning Committee will be held at 9.30 am on Thursday, 18 July 2019 at the Council Chamber, Town Hall, Penrith. 1 Apologies for Absence 2 Minutes To sign the minutes Pla/14/06/19 to Pla/26/06/19 of the meeting of this Committee held on 20 June 2019 as a correct record of those proceedings (copies previously circulated). 3 Declarations of Interest To receive any declarations of the existence and nature of any private interests, both disclosable pecuniary and any other registrable interests, in any matter to be considered or being considered. 4 Appeal Decision Letters (Pages 5 - 16) To receive report PP14/19 from the Assistant Director Planning and Economic Development which is attached and which lists decision letters from the Planning Inspectorate received since the last meeting: Application Applicant/Appeal Appeal Decision No. 18/0829 Mr Ray King The appeal is Skirsgill Lane, Eamont Bridge, dismissed. Penrith, CA10 2BQ The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. The development proposed is erection of single dwelling intended for local occupancy. Rose Rouse Chief Executive www.eden.gov.uk Mr Ray King The application for Skirsgill Lane, Eamont Bridge, an award of cost is Penrith, CA10 2BQ refused. The application is made under the Town and Country Planning Act 1990, Sections 78, 322 and Schedule 6, and the Local Government Act 1972, section 250(5). The appeal was against the refusal of planning permissions for erection of single dwelling intended for local occupancy. 18/0251 Messrs Simpson and Fishwick The appeal is Land adjacent to ‘Kiln House’, Keld dismissed. Lane, Keld, Shap The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant outline planning permission. The development proposed is the erection of two detached local occupancy dwellings. 5 Planning Issues (Pages 17 - 24) To note the attached lists of the Assistant Director Planning and Economic Development. a) Applications determined under office delegated powers for the month of June 2019 b) Reasons for refusal on delegated decisions for the month of June 2019 6 Planning Issues - Applications for Debate (Green Papers) (Pages 25 - 44) To consider the reports of the Assistant Director Planning and Economic Development on the following applications: Item Officer Page Application Details No Recommendation Number 1 Planning Application No: 19/0243 Recommended to: Outline planning permission for a REFUSE residential development with all matters With Reasons reserved 27 Hunter Hall Farm, Great Salkeld C/O Addis Town Planning Ltd www.eden.gov.uk 2 2 Planning Application No: 19/0220 Recommended to: Variation of Condition 2 (Plans APPROVE Compliance) for amendments to design Subject to Conditions and discharge of Condition 3 (Surface Water Drainage), 4 (Visibility Splays), 6 36 (Parking) and 7 (Window Details) attached to approval 18/0327 Ingle Neuk, Lazonby, Penrith Mr Wilkinson 7 Quarterly Planning Performance Report - 2019/20 Quarter 1 (Pages 45 - 48) To receive report PP15/19 from Assistant Director Planning and Economic Development which outlines the ongoing performance of the Council’s Planning Services in relation to Key Performance Indicators and Planning Enforcement matters. 8 Confirmation of Site Visits (if any) To confirm the date and location of any site visits that may have been agreed. 9 Any Other Items which the Chairman decides are urgent 10 Date of Next Meeting The date of the next scheduled meeting be confirmed as 15 August 2019. Yours faithfully R Rouse Chief Executive Democratic Services Contact: Vivien Little Encs For Attention All members of the Council Chairman – Councillor W Patterson (Independent Group) Vice Chairman – Councillor I Chambers (Conservative Group) www.eden.gov.uk 3 Councillors M Clark, Independent Group A Ross, Green Group M Eyles, Liberal Democrat Group H Sawrey-Cookson, Independent Group D Holden, Liberal Democrat Group G Simpkins, Liberal Democrat Group J C Lynch, Conservative Group J G Thompson, Conservative Group G Nicolson OBE, Conservative Group Standing Deputies P G Baker, Liberal Democrat Group A Meadowcroft, Conservative Group D Banks, Independent Group J Owen MBE, Conservative Group L Harker, Liberal Democrat Group D Smith, Liberal Democrat Group S Lancaster, Independent Group D Wicks, Conservative Group Please Note: 1. Access to the internet in the Council Chamber and Committee room is available via the guest wi-fi – no password is required 2. Under the Openness of Local Government Bodies Regulations 2014 this meeting has been advertised as a public meeting (unless stated otherwise) and as such could be filmed or recorded by the media or members of the public www.eden.gov.uk 4 Agenda Item 4 Report No: PP14/19 Eden District Council Planning Committee 18 July 2019 Appeal Decision Letters Report of the Assistant Director Planning and Economic Development Attached for Members’ information is a list of Decision Letters received since the last meeting: Application Applicant Appeal Decision Number(s) 18/0829 Mr Ray King The appeal is Skirsgill Lane, Eamont Bridge, Penrith, CA10 dismissed. 2BQ The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. The development proposed is erection of single dwelling intended for local occupancy. Mr Ray King The application Skirsgill Lane, Eamont Bridge, Penrith, CA10 for an award of 2BQ costs is refused. The application is made under the Town and Country Planning Act 1990, sections 78, 322 and Schedule 6, and the Local Government Act 1972, section 250(5). The appeal was against the refusal of planning permission for erection of single dwelling intended for local occupancy. Page 5 Application Applicant Appeal Decision Number(s) 18/0251 Messrs Simpson and Fishwick The appeal is Land adjacent to ‘Kiln House’, Keld Lane, Keld, dismissed. Shap The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant outline planning permission. The development proposed is the erection of two detached local occupancy dwellings. Oliver Shimell Assistant Director Planning and Economic Development Page 6 Appeal Decision Site visit made on 13 May 2019 by Felicity Thompson BA(Hons) MCD MRTPI an Inspector appointed by the Secretary of State Decision date: 10th June 2019 Appeal Ref: APP/H0928/W/19/3222726 Skirsgill Lane, Eamont Bridge, Penrith, UK, CA10 2BQ • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Mr Ray King against the decision of Eden District Council. • The application Ref 18/0829, dated 3 October 2018, was refused by notice dated 20 December 2018. • The development proposed is erection of single dwelling intended for local occupancy. Decision 1. The appeal is dismissed. Application for costs 2. An application for costs was made by Mr Ray King against Eden District Council. This application is the subject of a separate Decision. Main Issue 3. The main issue is whether the site would be a suitable location for the proposed development having regard to the risk of flooding. Reasons 4. Policy DEV 2 of the Eden District Local Plan 2014 – 2032 (the Local Plan) relates to Water Management and Flood Risk and sets out criteria in respect of the location of new development which must be met, including that it meets the sequential approach to development in flood risk areas. It states that inappropriate development will not be permitted in Flood Zones 2 and 3, critical drainage areas or areas which have a history of groundwater flooding, or where it would increase flood risk elsewhere unless there is an overriding need and a clear absence of a suitable alternative site. Further, if sites, as an exception, need to be developed in areas at risk of flooding, suitable flood protection measures will be required. 5. Paragraph 155 of the National Planning Policy Framework (the Framework) states that inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at highest risk (whether existing or future). Where development is necessary in such areas, the development should be made safe for its lifetime without increasing flood risk elsewhere. https://www.gov.uk/planning-inspectorate Page 7 Appeal Decision APP/H0928/W/19/3222726 6. Paragraph 158 of the Framework states that development should not be allocated or permitted if there are reasonably available sites appropriate for the proposed development in areas with a lower risk of flooding. 7. The appeal site is located adjacent to Skirsgill Lane and is an island within flood zones, the site itself being within Flood Zone 2 (medium probability of flooding) and the surrounding land Flood Zone 3 (high probability of flooding). Whilst the site is located within Flood Zone 2 and in their decision notice the Council refer to Flood Zone 3, in their consultation response in respect of this proposal, the Environment Agency (EA) stated that following completion of further hydraulic modelling of the River Eamont the proposed site is highly likely to be re- classified as Flood Zone 3. Given the EAs’ role in flood risk management I attach significant weight to this. 8. The appellant submitted a Flood Risk Assessment (FRA) with their planning application which identifies that the risk of flooding from groundwater is low, contrary to the Council’s contention. Nevertheless, it confirms that the site is at high risk of flooding from main rivers/watercourses. 9.
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