Eden District Council

Planning Committee Minutes

Date: 15 November 2018 Venue: Council Chamber, Town Hall, Penrith Time: 9.30 am

Present:

Chairman: Councillor J G Thompson Vice Chairman: Councillor W Patterson Councillors: A Armstrong V Kendall I Chambers J C Lynch M Clark R Sealby D Holden H Sawrey-Cookson Standing Deputies: Councillor V Taylor Officers Present: Nick Atkinson, Development Manager Planning Services Caroline Brier, Planning Officer Ian Irwin, Principal Planning Officer Lisa Tremble, Assistant Director Legal Services Democratic Services Officer: Vivien Little

Pla/94/11/18 Apologies for Absence

Apologies for absence were received from Councillor Eyles, Councillor Taylor attended as substitute.

Pla/95/11/18 Minutes

RESOLVED that the public minutes Pla/76/10/18 to Pla/93/10/18 of the meeting of this Committee held on 18 October 2018 be confirmed and signed by the Chairman as a correct record of those proceedings.

Pla/96/11/18 Declarations of Interest

Councillor Holden gave a personal explanation with regard to planning applications 18/0467 and 18/0468 as she had been lobbied regarding these items.

Councillor Taylor gave a personal explanation with regard to planning applications 18/0467 and 18/0468 as she had been lobbied regarding these items.

Pla/97/11/18 Appeal Decision Letters

1 Members considered report TES55/18 of the Deputy Director Technical Services which detailed decision letters received since the last meeting.

Application Applicant Appeal Decision Number(s) 18/0018 Mr John Carruthers The appeal is allowed Midtown Farm, Clifton, Nr Penrith, subject to conditions CA10 2EE

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 a new four bedroom detached dwelling on land to the rear of Midtown Farmhouse, Penrith Mr John Carruthers The application for an Midtown Farm, Clifton, Nr Penrith, award of costs is refused. CA10 2EE

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 a new four bed detached dwelling. 17/0739 Chris Nichol Construction Ltd The appeal is dismissed. Site to the north east of High House Farmhouse, Catterlen, Penrith, , CA11 0BQ

The appeal is made under section 78 of the Town and Country Planning Act 1990 against a failure to give notice within the prescribed period of a decision on an application for outline planning permission.

The development proposed is the erection of 3 no. 4 bed detached dwellings Chris Nichol Construction Ltd The application for an Site to the north east of High House award of costs is refused. Farmhouse, Catterlen, Penrith, Cumbria, CA11 0BQ

2 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 failure of the Council to issue a notice of their decision within the prescribed period on an application for the grant of outline planning permission for 3 no. 4 bed detached dwellings.

RESOLVED that the report be noted.

Pla/98/11/18 Planning Issues

RESOLVED that the attached lists of the Deputy Director Technical Services: a) Applications determined under office delegated powers for the month of October 2018 (attached as appendix 1 to these minutes) b) Reasons for refusal on delegated decisions for the month of October 2018 (attached as appendix 2 to these minutes) be noted.

Pla/99/11/18 Planning Issues - Applications for Debate (Green Papers)

Members were advised of the applications requiring a decision by Members as detailed in a report of the Deputy Director Technical Services.

RESOLVED that:

1. the following applications for planning permissions ("those applications") are determined as indicated hereunder;

2. those applications which are approved be approved under the Town and Country Planning Act, 1990, subject to any detailed conditions set out in the Report, to any conditions set out below and to any conditions as to time stipulated under Sections 91 and 92 of the Act;

3. those applications which are refused be refused for the reasons set out in the report and/or any reasons set out below;

4. those applications which the Deputy Chief Executive is given delegated powers to approve under the Town and Country Planning Act, 1990, be approved by him subject to any detailed conditions set out in the Report, to any conditions as to time stipulated under Sections 91 and 92 of the Act, to the receipt of satisfactory replies.

3 Pla/100/11/18 18/0531 Removal of condition 13 associated with planning permission ref. 15/1097, Land adjacent to Cross Croft, Appleby

The Committee received a presentation from Mr D Hayward of Story Homes, in support of the application.

Proposed by Councillor Patterson Seconded by Councillor Sealby and RESOLVED to APPROVE planning application subject to retention and amendment of those parts condition 13 relating to provisions requiring signage and to insert a requirement of a barrier (besides Drawbriggs Lane) on the newly installed footpath link to Drawbiggs Lane at the north west corner of the site delegated power be given to the Deputy Director of Technical Services to draft the wording of such amendments. 1. The development hereby granted shall be carried out strictly in accordance with the details and plans hereby approved, as listed in the EDC plans schedule document December 2012, including alternative site layout drawing no. SL054.90.9.SL.CPL Rev. V, alternative character finishes layout SL054.90.9.SL.CFL Rev. J, alternative boundary treatments/section drawing SH107.90.9.SL.BSD Rev. A, substation plan ES352/A2/006/02L, substation section plan 2321/109/P1, site section plans 2321.004 Rev. P4 and 2321.064 Rev. P5, alternative FFL amends plan SH107.ENG.002 and shall not be varied other than by prior agreement in writing by the Local Planning Authority.

Reason: To ensure a satisfactory development and to avoid ambiguity as to what constitutes the planning permission.

2. The hereby approved development shall be carried out wholly in accordance with the details outlined in the Flood Risk and Surface Water Drainage Assessment by Integra Consulting Engineers Limited WA submitted with the application dated November 2011.

Reason: To ensure that the development is subjected to the minimum risk of flooding.

3. The approved surface water drainage and oil interceptor works approved under DOC application reference 14/0332 shall be completed prior to the roads serving the respective phase of the development being used for other than constructional traffic and prior to the occupation of any dwellings. The approved works shall be maintained operational thereafter.

Reason: In the interests of highway safety and environmental management.

4. The approved carriageway, footways, footpaths, cycleways and ramps including highway drainage and lighting to be adopted and approved under DOC application reference 14/0332 shall be constructed in accordance with the Highways Act 1980 Section 38 Agreement before occupancy of the relevant phase of the development commences.

Reason: To ensure a minimum standard of construction in the interests of highway safety.

4 5. The private shared access roads, paths, parking areas and public open spaces shall be designed, constructed, drained and lit to in accordance with the plans approved under application reference 14/0332. These approved details shall be strictly adhered to at all times.

Reason: To ensure a minimum standard of construction in the interests of highway safety.

6. All dwellings, buildings or structures shall be constructed in accordance with submitted Phasing and Site Compound details and to Highway Authority specification in relation to access roads as approved, defined by kerbs and sub-base construction, with main Utility Services installed.

Reason: To ensure that the access roads are defined and laid out at an early stage.

7. The access road (including construction traffic parking/turning requirements) shall be substantially met, before any building work commences of adjacent properties, commensurate with the Phasing Plan; so that constructional traffic can park and turn clear of the highway.

Reason: In the interests of highway safety.

8. No dwelling shall be occupied until the vehicular access and parking requirements (including garages) have been constructed in accordance with the approved plans so as to be capable of use. These facilities shall be retained and capable of use at all times thereafter and shall not be removed or altered.

Reason: To ensure a minimum standard of access provision when the development is brought into use.

9. Within 3 months of the date of this approval, DDA compliant ramps shall be provided at the Bongate/Crosscroft and Drawbriggs Lane/Garbridge Lane junctions so as to enable wheelchairs, pushchairs etc. to be safely manoeuvred at kerb lines. Details of all such ramps shall be agreed with the Local Planning Authority and once approved shall be constructed in strict accordance with the approved plans.

Reason: To ensure accessibility for the mobility impaired and minimise road hazards.

10. No mud or debris shall be discharged upon the public highway by vehicles in association with the construction of the hereby approved development at any time.

Reason: In the interests of neighbouring amenity and highway safety.

11. The development shall be completed in full accordance with the details approved under application reference 16/0469. These approved details shall be strictly adhered to at all times.

Reason: To ensure a satisfactory development and to avoid ambiguity as to what constitutes the planning permission.

5 12. The hereby approved development shall be completed in full accordance with the Construction, noise and vibration management plan, dated May 2016 and which was approved under application reference 15/0310 dated 1 December 2016.

Reason: In the interests of the amenity of the area.

13. Within 3 months of the date of this decision, details of signage and fencing to be installed on site advising pedestrians of the newly installed footpath link as well as the to Settle pedestrian crossing shall be submitted to the Local Planning Authority for written approval. The details shall include a timetable for the installation of any approved fencing and signage. Once approved the formally approved details shall be strictly adhered to.

Reason: In the interests of both the amenity of the area and pedestrian safety.

14. The hereby approved development shall be completed in full accordance with the Noise & Vibration report ref. 075/2014 dated June 2014 and the additional information supplied via email on the 4 January 2018 approved under application reference 17/0226. These approved details shall be strictly adhered to at all times.

Reason: To minimise disturbance and dis-amenity to residents from noise and vibration associated with construction/demolition works.

15. Prior to the completion of the hereby approved development, the proposed tree work and tree protection work shall be carried out in accordance with the details and recommendations contained with the Scott Fitzgerald Tree Consultants report dated 23rd August 2011. Once completed, the Local Planning Authority shall be notified. The works shall be inspected for formal written approval confirming that the completed works are acceptable.

Reason: To ensure a satisfactory development and to avoid ambiguity as to what constitutes the planning permission.

16. The detailed planting proposals previously approved shall be adhered to at all times and shall be completed prior to the final occupation of the dwelling in each respective phase that the landscaping is located. Any plants or tree that dies within 5 years shall be replaced to the satisfaction of the Local Planning Authority.

Reason: To ensure a satisfactory development and to avoid ambiguity as to what constitutes the planning permission.

17. The hereby approved development shall be completed in accordance with the document ref. SH107.90.9.SL0.SFL dated 9 March 2015 and entitled Street Furniture Layout. This approved document shall be adhered to at all times.

Reason: To ensure a satisfactory development and to avoid ambiguity as to what constitutes the planning permission.

Pla/101/11/18 18/0557 2 Storey Dwellinghouse with attached garage, Plot 6, Joiners Close, Newbiggin

Proposed by Councillor Armstrong

6 Seconded by Councillor Patterson and RESOLVED that planning permission be GRANTED subject to the following conditions:

Time Limit for Commencement

1. The development permitted shall be begun before the expiration of three years from the date of this permission.

Reason: In order to comply with the provisions of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

Approved Plans

2. The development hereby granted shall be carried out in accordance with the drawings hereby approved: i) Site Location Plan 1832-102 received 5th July 2018 ii) Site Layout as Proposed 1832-204 received 5th July 2018 iii) Plans and Elevations as Proposed 1832-302 received 5th July 2018 iv) Environmental Noise Assessment received 22nd October 2018

Reason: To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.

Before the Development is Commenced

3. Details of all measures to be taken by the applicant/developer to prevent surface water discharging onto or off the highway shall be submitted to the Local Planning Authority for approval prior to development being commenced. Any approved works shall be implemented prior to the development being completed and shall be maintained operational thereafter.

Reason: In the interests of highway safety and environmental management. It is necessary for the condition to be on the basis that “No development shall commence until” as compliance with the requirements of the condition at a later time would result in unacceptable harm contrary to the policies of the Development Plan.

Pre-Occupancy or Other Stage Conditions

4. Before the first occupation of the dwelling, in accordance with the Environmental Noise Assessment (submitted on the 22nd October 2018) the windows to the ground floor lounge and first floor bedroom to the front elevation, bay window to the side elevation and first floor bedrooms to the rear elevation shall be thermal grazed and retained as such thereafter.

Reason: To protect the amenity of the occupiers of the property.

5. Before the first occupation of the dwelling, a 2.5m high acoustic fence in accordance with the Environmental Noise Assessment (submitted on the 22nd October 2018)

7 shall be erected along the north boundary next to the adjacent agricultural building and retained as such thereafter.

Reason: To protect the amenity of the occupiers of the property.

Ongoing Conditions

6. Foul and surface water shall be drained on separate systems. In the event of surface water discharging to public sewer, the rate of discharge shall be restricted to the lowest possible rate which shall be agreed with the statutory undertaker prior to connection to the public sewer.

Reason: To secure proper drainage and to manage the risk of flooding and pollution.

7. The occupation of the approved dwelling at Plot 6, Joiners Close, Newbiggin shall be limited to a person with a local connection to the locality, or a widow or widower of such a person, or any resident Dependants. Locality refers to the parish and surrounding parishes. In the first instance, if a property has been actively marketed for at least 6 months and an occupier cannot be found then the definition of locality will be extended out to include the County of Cumbria.

A person with a local connection means a person who meets one of the following criteria:

• The person lives in the locality and has done for a continuous period of at least three years. • The person works permanently in the locality for a minimum of 16 hours per week. Where a person is employed in an established business that operates in multiple locations, their employment activities should take place predominantly inside the locality. • The person has a firm offer of permanent employment, for a minimum of 16 hours per week in an already established business within the locality. • The person has moved away but has a strong established and continuous links with the locality by reason of birth or long term immediate family connections. • The person needs to live in the locality because they need substantial care from a relative who has lived in the locality for at least three years, or needs to provide substantial care to a relative who has lived in the locality least three years. Substantial care means that identified as required by a medical doctor or relevant statutory support agency.

Reason: To provide housing to meet local needs and support the village.

8. The construction works hereby approved shall only take place between the following hours: 08:00 - 18:00hrs Monday to Friday; 09:00 - 13:00hrs Saturdays And at no times on Sundays or Bank (or Public) holidays.

Reason: In the interests of protecting local residential amenity.

8 Pla/102/11/18 18/0629 Application for approval of outstanding reserved matters of outline application 16/0706 for construction of one dwelling, land to the Northeast of Lyvennet Bridge, Moreland

Proposed by Councillor Armstrong Seconded by Councillor Chambers that reserved matters approval be granted subject to conditions.

For: 5 Against: 6

The motion therefore FELL.

Proposed by Councillor Sawrey-Cookson Seconded by Councillor Sealby

That the application be refused on grounds of poor design under policy DEV5 within the Eden Local Plan.

The meeting was adjourned at 11.09am.

The meeting reconvened at 11.25am.

Councillor Sealby withdrew his support for the motion, therefore it FELL.

Using his discretion, the Chairman allowed the applicant, Mrs A Wilkinson to make a presentation to the Committee in support of the application.

Proposed by Councillor Sawrey-Cookson Seconded by Councillor Patterson

That the application be refused under policy DEV5 of the Eden Local Plan due to the lack of quality materials which complement the local surroundings.

For: 5 Against: 6

The motion therefore FELL.

Proposed by Councillor Lynch Seconded by Councillor Armstrong

For: 6 Against: 5 and RESOLVED that reserved matters approval be GRANTED subject to the following conditions:

1. This approval must be read in conjunction with outline planning permission ref. 16/0706 and the conditions attached thereto.

9 Reason: For clarity and the avoidance of doubt

Approved Plans 2. The development hereby granted shall be carried out in accordance with the drawings hereby approved: i. Amended block and location plans ref AW/KT/18/04 date-stamped received 2 Nov 2018 ii. Amended floor plans ref AW/KT/18/02 date-stamped received 22 Oct 2018 iii. Amended elevation plans ref AW/KT/18/01 date-stamped received 2 Nov 2018 iv. Amended ancillary outbuilding plans ref AW/KT/18/05 date-stamped received 22 Oct 2018 v. Cross Section plan ref AW/KT/18/04 date-stamped received 22 Oct 2018 vi. Environmental Assessment, Septic Tank Detail, Surface Water Drainage Assessment and Design and Access Statements submitted with the application

Reason: To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission. 3. The stables hereby approved shall not be used in any commercial capacity.

Reason: The creation of a separate business would not be appropriate in this location. 4. Any caravan occupied onsite during construction of the dwelling shall be permanently removed from the site within 2 months of the first occupation of the dwelling. Reason: In the interests of the appearance of the area.

Pla/103/11/18 18/0467 Change of use of pub to 5 apartments, Former Lowther Arms, Queen Street, Penrith

Proposed by Councillor Lynch Seconded by Councillor Armstrong and RESOLVED that planning permission be granted subject to the following conditions:

Time limit for commencement 1. The development permitted shall be begun within three years starting with the date of this approval. Reason: In order to comply with the provisions of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004. Approved Plans 2. The development hereby granted shall be carried out in accordance with the drawings hereby approved: i. Existing plans and elevations Plan ref 2017-109-10 dated May-18 ii. Proposed plans and elevations ref 2017-109-11 Rev A dated 20/9/18 iii. Heritage and Design Statement Revision A dated 20/9/18 iv. Flood Risk Assessment submitted with the application

10 Reason: To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission. Before the occupation of the building 3. Windows on the west, south and east elevations shall be retained as timber sliding sashes and shall be repaired and refurbished where necessary prior to the first occupation of the building. Any elements of the window frames which are required to be replaced shall be carried out on a like-for-like basis. Reason: To safeguard the architectural and/or historic interest of the building. 4. Samples of the UPVC windows proposed for the north elevation shall be submitted to and approved by the Local Planning Authority in writing before their first use within the building. The approved windows shall match the existing timber windows in size, colour and appearance, and they shall be installed in accordance with the approved details and retained as such thereafter. Reason: To safeguard the architectural and/or historic interest of the building. The condition is considered necessary to be complied with pre-commencement as compliance with the requirements of the condition at a later time could result in unacceptable harm contrary to the policies of the Development Plan.

Pla/104/11/18 18/0468 Change of use of pub to 5 apartments, Former Lowther Arms, Queen Street, Penrith

Proposed by Councillor Lynch Seconded by Councillor Armstrong and RESOLVED that Listed Building Consent be GRANTED subject to the following conditions:

Time limit for commencement 1. The development permitted shall be begun within three years starting with the date of this approval. Reason: In order to comply with the provisions of the Planning (Listed Buildings and Conservation Areas) Act 1990 Approved Plans 2. The development hereby granted shall be carried out in accordance with the drawings hereby approved: i. Existing plans and elevations Plan ref 2017-109-10 dated May-18 ii. Proposed plans and elevations ref 2017-109-11 Rev A dated 20/9/18 iii. Heritage and Design Statement Revision A dated 20/9/18 iv. Flood Risk Assessment submitted with the application Reason: To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission. Before the occupation of the building 3. Windows on the west, south and east elevations shall be retained as timber sliding sashes and shall be repaired and refurbished where necessary prior to the first

11 occupation of the building. Any elements of the window frames which are required to be replaced shall be carried out on a like-for-like basis. Reason: To safeguard the architectural and/or historic interest of the building. 4. A written statement of justification for, and samples of, the UPVC windows proposed for the north elevation shall be submitted to and approved by the Local Planning Authority in writing before their first use within the building. The approved windows shall match the existing timber windows in size, colour and appearance, and they shall be installed in accordance with the approved details and retained as such thereafter. Reason: To safeguard the architectural and/or historic interest of the building. The condition is considered necessary to be complied with pre-commencement as compliance with the requirements of the condition at a later time could result in unacceptable harm contrary to the policies of the Development Plan.

Pla/105/11/18 18/0251 Erection of two detached local occupancy dwellings (as revised), Land adjacent to Kiln House, Keld Lane, Keld

The Committee received a presentation from Mr A Willison-Holt, an agent, in support of the application.

Proposed by Councillor Lynch Seconded by Councillor Sealby and RESOLVED that planning permission be REFUSED for the following reasons:

 The proposed development by virtue of its location, scale, siting would have significant and adverse impact on the character and amenity setting of the hamlet and thereby does not accord with Policy LS1 of the Eden Local Plan (2014-2032).  The proposed development would have an unacceptable and demonstrably harmful impact on the character of the local landscape and the hamlet contrary to Policies DEV5 and ENV2 of the Eden Local Plan (2014-2032).

Pla/106/11/18 Confirmation of Site Visits (if any)

There were no site visits confirmed at this meeting.

Pla/107/11/18 Any Other Items which the Chairman decides are urgent

No items of urgent business were raised at this meeting.

Pla/108/11/18 Date of Next Meeting

The date of the next scheduled meeting was confirmed as 13 December 2018.

The meeting closed at 12.10 pm

12 …………………………………………………………………………

13 This page is intentionally left blank PLANNING COMMITTEE Agenda Item No. APPLICATIONS DETERMINED UNDER OFFICER DELEGATED POWERS FOR THE MONTH OF OCTOBER 2018

App No App Type Parish Description Location Applicant Decision

18/0337 Full Application Ousby Proposed refurbishment of outbuildings to form MELMERBY HALL, MELMERBY, Mr & Mrs Rowley APPROVED meeting rooms (Use Class B1) PENRITH, CA10 1HB

18/0338 Listed Building Ousby Listed Building consent for proposed refurbishment MELMERBY HALL, MELMERBY, Mr & Mrs Rowley APPROVED of outbuildings to form meeting rooms. PENRITH, CA10 1HB

18/0399 Outline Musgrave Outline for two dwellings with approval sought for OLD POND HOUSE, LITTLE Mr N & Mrs L Emson REFUSED Application access and layout. MUSGRAVE, , CA17 4PQ

18/0491 Reserved by Appleby Discharge of conditions 3 (surface water drainage) 7 BELGRAVIA, APPLEBY, CA16 6XZ JR Wharton & Sons - K APPROVED Cond and 4 (noise) attached to approval 18/0125. Wharton

18/0546 Reserved by Appleby Discharge of conditions 3 (site investigation GARAGE, THE SANDS, APPLEBY, Roy Ashley Motors Ltd APPROVED Cond strategy), 4 (remediation scheme), 5 (stone), 6 CA16 6XN (render), 7 (windows and doors), 8 (tree root protection), 9 (landscape plan), 10 (archaeological work), 13 (site investigation scheme) attached to approval 18/0202.

18/0553 Outline Bandleyside Proposed residential development. SITE AT KINGS MEABURN LANE, Mrs Hughes REFUSED Application COLBY, APPLEBY-IN- WESTMORLAND, CA16 6BD

18/0565 Reserved by Great Salkeld Discharge of condition 9 (contamination) attached to TOWNHEAD FARM HOUSE, GREAT JIW Properties Ltd - Mr APPROVED Cond approval 17/0211. SALKELD, PENRITH, CA11 9NA Wilkinson

18/0575 Full Application Crackenthorpe Agricultural building. BRIDGE END FARM, KIRKBY Messrs C Dent APPROVED THORE, PENRITH, CA10 1UZ

18/0587 Full Application Stainmore Side extension and associated alterations. BLEATHGILL EDGE, BARRAS, Mr L Woodman APPROVED KIRKBY STEPHEN, CA17 4ET Minute Item Pla/98/11/18

18/0596 Reserved by Penrith Discharge of condition 10 (Construction FORMER ARMSTRONG AND Churchill Retirement APPROVED Cond Traffic/Parking) attached to approval 17/0771. FLEMING SITE, ROPER STREET, Living PENRITH, CA11 8HT

18/0605 Full Application Langwathby Proposed bathroom dormer & kitchen extension. LINCROSS, LANGWATHBY, Mr S Shannon APPROVED PENRITH, CA10 1LW

18/0610 Full Application Dacre Proposed free range chicken unit. BELLMOUNT FARM, PENRITH, Bell Mount Farming Ltd APPROVED Page 15 Page CA11 0BX

02 November 2018 Page 1 of 7 Page 16 Page App No App Type Parish Description Location Applicant Decision

18/0612 Cert. of Lawful Ainstable Certificate of Lawfulness for the continued use of a RIVERSIDE COTTAGE, HEADS Mr R Nicholas APPROVED garden building for ancillary domestic use. NOOK, BRAMPTON, CA8 9DH

18/0615 Full Application Stainmore Change of Use of Redundant Barn to Dwelling and BARN AT OLD PARK, SOUTH Mr Wearmouth APPROVED Demolition of Steel Lean to. STAINMORE, KIRKBY STEPHEN,

18/0618 Non-Material Crosby Non Material Amendment for the addition of 2no COPPER BEECH LODGE, SHAP, Mrs S Bradley APPROVED Amend Ravensworth velux windows. PENRITH, CA10 3QX

18/0623 Listed Building Kirkoswald Listed building consent for the addition of wireless PARK VIEW, STAFFIELD, PENRITH, Miss D Milner APPROVED internet nano receiver to existing roof mounted aerial. CA10 1EU

18/0632 Reserved by Penrith Discharge of Conditions 5 (Surface Water Drainage FORMER ARMSTRONG AND Churchill Retirement APPROVED Cond Scheme), 6 (Surface Water Management Plan), 7 FLEMING SITE, ROPER STREET, Living (Visibility Splays), 8 (Vehicular Crossing PENRITH, CA11 8HT Specification) attached to approval 17/0771.

18/0639 Outline Long Marton Outline application for one dwelling and annex with OLD STATION YARD, KIRKBY Mrs J & Mr T Cooney REFUSED Application approval sought for access, appearance, layout and THORE, PENRITH, CA10 1UZ scale.

18/0640 Full Application Kirkoswald Demolition of single storey open porch and external WEST VIEW, KIRKOSWALD, Mr & Mrs W Tidbury APPROVED utility and erection of two storey extension. PENRITH, CA10 1DQ

18/0646 Full Application Alston Retrospective planning permission for the permanent LAND TO THE NORTHERN BANK The Coal Authority - Mr APPROVED retention of steps, platforms and associated OF RIVER NENT, TO THE EAST OF Kirk handrails and fencing, and permission for the FORCE COTTAGES, ALSTON, installation of a new water monitoring structure.

18/0652 Full Application Penrith Two storey rear extension. 13 GRAHAM STREET, PENRITH, Mrs J Fisher APPROVED CA11 9LG

18/0654 Full Application Shap Change of use of dwelling (C3) to a large HMO (Sui GODS PROMISE, SHAP, PENRITH, Daniel Thwaites Plc APPROVED Generis). CA10 3NJ

18/0655 Full Application Kings Meaburn Barn conversion to form dwelling and associated WHITBY BARN, KINGS MEABURN, Mr H Henley - APPROVED access and curtilage works. PENRITH, CA10 3BS Heatherville Ltd

18/0659 Full Application Skelton Agricultural Dwelling TOWN HEAD FARM, SKELTON, I S & C A Mounsey APPROVED PENRITH, CA11 9TG

18/0661 Advertisement Hesket Advertisement consent for 3 no. temporary flag pole FIELD ADJ TO BYRNES CLOSE, Reiver Homes - S APPROVED signs, writing to front elevation of show house, PLUMPTON, PENRITH, McClelland signage above door of show house, 2 no. flags to front of show house, 1 no. 'V' board to entrance.

18/0663 Full Application Appleby Proposed rear ground floor domestic extension. 33 RIVINGTON PARK, APPLEBY-IN- Mr F Potts APPROVED WESTMORLAND, CA16 6HU

02 November 2018 Page 2 of 7 App No App Type Parish Description Location Applicant Decision

18/0664 Full Application Bandleyside Change of use of agricultural field to form additional NORTH VIEW, BURRELLS, Mr M Morgan APPROVED residential garden. APPLEBY, CA16 6EG

18/0665 Reserved Matters Ousby Reserved Matters Application in respect of Access, FIELD NORTH OF HELM BAR, Willan Trading Ltd - Mr APPROVED Appearance, Landscaping, Layout and Scale MELMERBY, PENRITH, CA10 1HF Willan attached to approval 17/0509.

18/0666 Tree Works (CA) Kirkby Stephen Remove 1 x Poplar from front garden; Kirkby MANOR LEA, HIGH STREET, Liz Bottesill APPROVED Stephen Conservation Area. KIRKBY STEPHEN, CA17 4SH

18/0668 Full Application Hesket Proposed two storey extension to provide garage, MANOR HOUSE, PLUMPTON, Mr L Holiday APPROVED utility, office & kitchen to ground floor with additional PENRITH, CA11 9NS bedroom, en-suite and store area to first floor.

18/0670 Full Application Appleby Proposed extension and parking spaces. MICHAEL MOUNT, ST MICHAELS Mr & Mrs Richardson APPROVED LANE, APPLEBY-IN- WESTMORLAND, CA16 6UH

18/0671 Full Application Morland Change of use from joinery workshop and two THE OLD SMITHY, WATER Mr & Mrs I Briggs APPROVED existing flats to one new dwelling. STREET, MORLAND, PENRITH, CA10 3AY

18/0675 Advertisement Tebay Advertisement consent for 6no. metal signs. ROUNDABOUT M6/A685/B6260, Mrs M Longworth REFUSED TEBAY, PENRITH, CA10 3SS

18/0678 Full Application Dacre Replacement of single storey extension with two BELLE VUE, GREYSTOKE, Mr & Mrs Place APPROVED storey side extension, change of use of barn and PENRITH, CA11 0UQ replacement of lean-to extension with single storey extension to form additional residential accommodation.

18/0681 Reserved Matters Murton Reserved matters application in respect of access, LINDEN HOUSE, HILTON, CA16 6LU Mr C Hogg APPROVED appearance, landscaping, layout and scale.

18/0683 Non-Material Great Salkeld Non Material Amendment comprising of change to TOWNHEAD FARM, GREAT Mr Wilkinson APPROVED Amend drainage design attached to approval 17/0790. SALKELD, PENRITH, CA11 9NA

18/0684 Full Application Penrith Alterations & new timber balcony. 28 SALKELD ROAD, PENRITH, Mrs M Thorogood APPROVED CA11 8RA

18/0686 Full Application Lazonby Installation of underground LPG tank in front garden. PENNINE COTTAGE, SCAUR LANE, Mr R Wilson APPROVED LAZONBY, PENRITH, CA10 1AH

18/0687 Full Application Langwathby Extensions to dwelling. 2 WOODCROFT, STOREY BANK, Mr & Mrs M Davis APPROVED LANGWATHBY, PENRITH, CA10 1NB

Page 17 Page 18/0688 Full Application Ousby Variation of condition 2 vi (plans compliance) FIVE OAKS, MELMERBY, PENRITH, Messrs Simpson & APPROVED attached to approval 17/0696 CA10 1HF Wilson

02 November 2018 Page 3 of 7 Page 18 Page App No App Type Parish Description Location Applicant Decision

18/0689 Outline Hutton Outline planning permission for the erection of two LAND AT TOWN END, Miss A Wilson APPROVED Application dwellings with approval sought for access. PENRUDDOCK, PENRITH, CA11 0RB

18/0690 Full Application Hesket Proposed agricultural building. GARTH COTTAGE, CALTHWAITE, Mr M Forrester APPROVED PENRITH, CA11 9PP

18/0691 Listed Building Appleby Listed Building Consent for proposed installation of RAILWAY STATION, CLIFFORD Mr D Taylor - Arriva APPROVED 2X automated vending machines, 2X customer STREET, APPLEBY-IN- Rail North information screens, public address system and WESTMORLAND, CA16 6TT refurbishment of existing toilets on platform 1.

18/0698 Full Application Castle Sowerby Variation of condition 2 (plans compliance) For the LOW CURRIG, SEBERGHAM, Mr D Sowerby - WCF APPROVED reduction of footprint attached to approval 17/0149. CARLISE, CA5 7DX Ltd

18/0700 Full Application Skelton Proposed new grass cutting machinery shed. GREEN HOLLOWS COUNTRY Mr G Martin APPROVED PARK, GREENHOLLOWS, SOUTHWAITE, CARLISLE, CA4 0PT

18/0703 Outline Brough Outline planning for a single storey detached LAND TO THE REAR OF THE OLD Mr C Wren & Mrs J APPROVED Application dwelling with on-site parking with all matters reserved. MALT SHOVEL, MAIN STREET, Dent BROUGH, KIRKBY STEPHEN, CA17 4BL

18/0705 Full Application Culgaith Variation of condition 2 (Plans Compliance) to LAND AT LOANING HEAD, STATION Willan Trading Ltd - Mr APPROVED include revised finished ground levels and the ROAD, CULGAITH, PENRITH, CA10 J Willan provision of screen boundary fencing attached to 1QZ approval 17/0825.

18/0707 Full Application Penrith Change of use from hairdressing salon to 16 KING STREET, PENRITH, CA11 Mr P Bennett APPROVED chiropractic clinic. 7AJ

18/0708 Full Application Clifton Proposed access road. ABBOTT LODGE FARM, CLIFTON, Mr S Bland APPROVED PENRITH, CA10 2HD

18/0711 Full Application Greystoke Variation of condition 2 (plans compliance) to include NEDS HOUSE, HUTTON ROOF, Mr N Walker APPROVED the design of the new two storey extension and PENRITH, CA11 0XX amendments to window openings attached to approval 09/0283.

18/0712 Full Application Musgrave Proposed house refurbishment to include new front LOW HOUSE, GREAT MUSGRAVE, Mr & Mrs Finerty APPROVED porch, rear extension and detached car port. KIRKBY STEPHEN, CA17 4DP

18/0717 Full Application Alston Detached timber frame building. GATECROFT, GARRIGILL, ALSTON, Mr M Burton APPROVED CA9 3EB

18/0721 Full Application Kirkby Thore Variation of Condition 2 (Plans Compliance), removal KIRKBY THORE INDUSTRIAL Mr T Bradley - A66 REFUSED of Condition 5 (Layout Plan) and Condition 8 (Zoning ESTATE, KIRKBY THORE, Storage Plan) attached to approval 17/0565. PENRITH, CA10 1XA

02 November 2018 Page 4 of 7 App No App Type Parish Description Location Applicant Decision

18/0723 Advertisement Penrith Advertisement consent for a single, freestanding, PENRITH RAILWAY STATION, Cumbria County APPROVED double sided map and information board. ULLSWATER ROAD, PENRITH, Council - Mrs C CA11 7JQ Martindale

18/0724 Notice of Intention Milburn Roof over existing cattle handling area. LOW HOWGILL, MILBURN, Taylor & Son - Mr J APPROVED PENRITH, CA10 1TL Taylor

18/0726 Full Application Dacre Agricultural building. MEG BANK FARM, STAINTON, Mrs H Brass APPROVED PENRITH, CA11 0EE

18/0727 Full Application Dacre Extension to agricultural building. MEG BANK FARM, STAINTON, DJ & H Brass Farming APPROVED PENRITH, CA11 0EE

18/0731 Full Application Penrith Extension to dwelling. 56 CROFT AVENUE, PENRITH, Mr I Armstrong APPROVED CA11 7RL

18/0733 Listed Building Appleby Listed building consent for removal of internal wall. 3 BONGATE, APPLEBY-IN- Mr A Waite APPROVED WESTMORLAND, CA16 6UE

18/0737 Full Application Kirkby Stephen General purpose storage building. UNIT 5/6 STATION YARD, KIRKBY Mr P Winder APPROVED STEPHEN, CA17 4LA

18/0748 Notice of Intention Penrith Proposed demolition of former care home. NEWTON HOUSE, NEWTON ROAD, Atkinson Homes Ltd - APPROVED PENRITH, CA11 9EE Mr R Thorburn

18/0751 Reserved by Alston Discharge of condition 3 (materials) attached to LAND TO THE EASTERN BANK OF The Coal Authority - Mr APPROVED Cond approval 18/0449. RIVER NENT, ADJ. NENTHEAD J Bagnall MINES HERITAGE CAR PARK, NENTHEAD, ALSTON,

18/0761 Tree Works (CA) Dufton T1 Ash Tree: Fell due to excessive lean and SYCAMORE HOUSE, DUFTON, Mr L O'Halloran APPROVED weighted towards public bridleway; T2 Sycamore APPLEBY-IN-WESTMORLAND, tree: Fell due to decay in large wound; Dufton CA16 6DB Conservation Area.

18/0762 Tree Works (CA) Alston A: Crown lift Yew tree by 2 feet; B: Crown lift ALSTON TOWN HALL, FRONT c/o Agent APPROVED Sycamore tree by 4 feet; C: Crown lift Holly tree by 2 STREET, ALSTON, CA9 3RF feet; D: Crown reduce Holly tree by 1-2metres; E: Crown reduce Holly tree by 1-2 metres; Alston Conservation Area.

18/0767 Tree Works Great Strickland Sycamore: Raise crown to 5m; chop limb at STRICKLAND WELLS, GREAT Mr Jonathan Chalmers APPROVED (TPO) highlighted line on photograph (work agreed on site STRICKLAND, PENRITH, CA10 3DF with Arboriculturist); Reason: To allow more light into property and move higher limb away from house; Tree Preservation Order No 17, 1987, Taylor's Farm,

Page 19 Page Great Strickland.

02 November 2018 Page 5 of 7 Page 20 Page App No App Type Parish Description Location Applicant Decision

18/0770 Tree Works (CA) Culgaith Fell Cherry tree growing close to house; Skirwith ROSE COTTAGE, SKIRWITH, Mr Andrew Barbier APPROVED Conservation Area. PENRITH, CA10 1RH

18/0772 Tree Works (CA) Culgaith Remove 4 Lleylandii; Remove 1 Cherry tree; Trim GILDERWATH, KIRKLAND ROAD, Mr Jan Sjorup APPROVED top of Acer tree to give clearance from telephone SKIRWITH, PENRITH, CA10 1RL wires; Skirwith Conservation Area.

18/0777 Tree Works (CA) Penrith T1 Apple: Prune away from telephone wires; T2 29 ARTHUR STREET, PENRITH, Mrs Nicola Webster APPROVED Holly: Remove (but may reduce and retain); T3 CA11 7TU Cherry: Reduce canopy back towards shed (1m in from lawn edge); T4 Cherries: Crown raise over footpath (2.5m) and road (50m); T5 Yew: Prune to create 1m seperation to neighbour's property and crown raise to 2.5m over drive; T6 Yews: Prune to create 1m seperation distance to neighbouring properties; Penrith New Streets Conservation Area.

18/0786 Notice of Intention Great Salkeld Proposed cow track. SOUTH DYKE FARM, GREAT Mr G Tweedie APPROVED SALKELD, PENRITH, CA11 9LL

18/0790 Notice of Intention Clifton Extension to existing agricultural building. BROWN HOWE, MELKINTHORPE, M/s Cowperthwaite APPROVED PENRITH, CA10 2DP

18/0793 Reserved by Culgaith Discharge of condition 3 (sample materials) attached TEMPLEHURST LODGE, SKIRWITH, Mrs D Lewthwaite APPROVED Cond to approval 18/0067. PENRITH, CA10 1RQ

18/0794 Reserved by Culgaith Discharge of condition 3 (sample materials) attached TEMPLEHURST LODGE, SKIRWITH, Mrs D Lewthwaite APPROVED Cond to listed building consent 18/0068. PENRITH, CA10 1RQ

18/0798 Tree Works (CA) Kirkby Stephen T1 Beech: Reduce limb over road by 25%; Reduce TOWN HEAD HOUSE, HIGH Mr Hilliard APPROVED opposite limb over parking area by 25% to balance STREET, KIRKBY STEPHEN, CA17 crown; prune to clear property by 2.5m; T2 Conifer: 4SH Reduce height by 50% and trim to shape to reduce shading on adjacent trees; T3 Conifer: Remove to ground level; Kirkby Stephen Conservation Area.

18/0799 Tree Works (CA) Kirkoswald Sycamore T1: Crown lift away from roof; Cherry T2: THE OLD VICARAGE, Mr Roger Cranston APPROVED Remove as it is blocking the driveway; Cherry T3: KIRKOSWALD, PENRITH, CA10 1DH Remove as it is structurally unsound - codom stems (closed fork), showing signs of significant stress; Copper Beech T4: Crown lift to first tier to relieve house and allow light into front of property; Kirkoswald Conservation Area.

18/0802 Notice of Intention Great Strickland Roof over existing silage pit. MIDTOWN FARM, GREAT Mr A Strong APPROVED STRICKLAND, PENRITH, CA10 3DF

18/0804 Tree Works Penrith Crown raise T33 Oak up to 4m to provide clearance 4 WINTERS PARK, CARLETON Mr J Graham APPROVED (TPO) over driveway and garden; Tree Preservation Order ROAD, PENRITH, CA11 8RE No 2, 1979, Carleton, Penrith.

02 November 2018 Page 6 of 7 App No App Type Parish Description Location Applicant Decision

18/0805 Change of Use Sockbridge & Change of use of agricultural building to 5 no. BARNS AT HIGH FIELD FARM, Lowther Estate Trust APPROVED PD/PN Tirril dwellings. TIRRIL, PENRITH, CA10 2LG

18/0813 Tree Works Penrith Fell Sycamore tree which is damaged and at risk 8 PARKLANDS VIEW, PENRITH, Mrs Lilian Nicholson APPROVED (TPO) from wind (inspected by Rob Sim, Arboriculturist); CA11 8TE Tree Preservation No 123, 2005, The Parklands, Penrith (T8).

18/0823 Notice of Intention Kirkoswald Proposed Agricultural Building. WESTGARTH HILL, KIRKOSWALD, Mr R Blenkharn - APPROVED PENRITH, CA10 1EX Messrs Blenkharn

18/0859 Tree Works Yanwath & 1) Lime tree - Reduce crown spread by 2.3m leaving 12 HAZEL BANK GARDENS, Mr Pretswell APPROVED (TPO) Eamont Bridge a spread of 5-6m; Reduce height by 2m to retained YANWATH, PENRITH, CA10 2LH height of 6-8m; Reason: Reduce sail effect, improve lower light levels and reduce crown's imposition on house; 2) Lime tree: Remove lowest lateral extending towards house; Reduce overall crown spread by 2-3m; Crown raise to 4m. Finished height @12m / spread @10m; Reason: Improve form and maintain crown seperation; Tree Preservation Order No 107, 2001, Hazel Bank and Hazel Bank Gardens, Yanwath (Group 2).

18/0860 Tree Works Brougham Beech: Crown raise to 4m above ground level; 2 BROUGHAM HALL GARDENS, Mr Peter Ballingall APPROVED (TPO) Remove any damaged stubs/branches; Reason: To BROUGHAM, PENRITH, CA10 2DB improve clearance over garden and maintain health of the tree; Tree Preservation Order No 69 1996, Brougham Hall Gardens, Brougham (Group 1).

In relation to each application it was considered whether the proposal was appropriate having regard to the Development Plan, the representations which were received including those from consultees and all other material considerations. In cases where the application was approved the proposal was considered to be acceptable in planning terms having regard to the material considerations. In cases where the application was refused the proposal was not considered to be acceptable having regard to the material and relevant considerations. In all cases it was considered whether the application should be approved or refused and what conditions, if any, should be imposed to secure an acceptable form of development. Page 21 Page

02 November 2018 Page 7 of 7 This page is intentionally left blank

Notice of Decision

Carriage Return

To: Prospus Group Limited - Mr T Woof Mansion House, Penrith, Cumbria CA11 7YG Furrow Green Farm Tel: 01768 817817 Wharton Kirkby Stephen CA17 4LQ

Town and Country Planning Act 1990 Town and Country Planning (Development Management Procedure) Order 2015

Application No: 18/0399 On Behalf Of: Mr N & Mrs L Emson

In pursuance of their powers under the above Act and Order, Council, as local planning authority, hereby REFUSE outline planning permission for the development described in your application and on the plans and drawings attached thereto, viz:

Application Type: Outline Application Proposal: Outline for two dwellings with approval sought for access and layout. Location: OLD POND HOUSE LITTLE MUSGRAVE KIRKBY STEPHEN CA17 4PQ

The reasons for this decision are:

1) The proposed development by virtue of its location, scale and siting would have significant and adverse impact on the character and visual amenity of the settlement and thereby does not accord with Policy CS9 of the Core Strategy and Policy LS1 of the emerging Eden Local Plan (2014-2032).

2) The proposed development would have an unacceptable and demonstrably harmful impact on the character of the local landscape and the village contrary to CS16 and CS18 of the adopted Core Strategy and Proposed Policy DEV5 and ENV2 of the Eden Local Plan (2014-2032).

Where necessary the local planning authority has worked with the applicant in a positive and proactive manner seeking solutions to problems arising in relation to dealing with the planning application and to implement the requirements of the NPPF and the adopted development plan.

Date of Decision: 3 October 2018

Signed:

www.eden.gov.uk Jane Langston BEng (Hons) CEng MICE Deputy Director Technical Services Page 23

Jane Langston Deputy Director Technical Services

www.eden.gov.uk 2 Page 24

Notice of Decision

Carriage Return

To: Graham K Norman (Architect) Ltd. Mansion House, Penrith, Cumbria CA11 7YG Unit 4 Mereside Tel: 01768 817817 Eden Business Park Greenbank Road Penrith Cumbria CA11 9FB

Town and Country Planning Act 1990 Town and Country Planning (Development Management Procedure) Order 2015

Application No: 18/0553 On Behalf Of: Mrs Hughes

In pursuance of their powers under the above Act and Order, Eden District Council, as local planning authority, hereby REFUSE outline planning permission for the development described in your application and on the plans and drawings attached thereto, viz:

Application Type: Outline Application Proposal: Proposed residential development. Location: SITE AT KINGS MEABURN LANE COLBY APPLEBY-IN- WESTMORLAND CA16 6BD

The reasons for this decision are:

1) The proposed development by virtue of its location, scale, siting would have significant and adverse impact on the character of the village and thereby does not accord with Policy CS9 of the Core Strategy and Policy LS1 of the emerging Eden Local Plan (2014- 2032).

2) The proposed development would have an unacceptable and demonstrably harmful impact on the character of the local landscape and the village contrary to CS16 and CS18 of the adopted Core Strategy and Proposed Policy DEV5 and ENV2 of the Eden Local Plan (2014-2032).

Where necessary the local planning authority has worked with the applicant in a positive and proactive manner seeking solutions to problems arising in relation to dealing with the planning application and to implement the requirements of the NPPF and the adopted development plan.

Date of Decision: 3 October 2018

Signed:

www.eden.gov.uk Jane Langston BEng (Hons) CEng MICE Deputy Director Technical Services Page 25

Jane Langston Deputy Director Technical Services

www.eden.gov.uk 2 Page 26

Notice of Decision

Carriage Return

To: Ian Cleasby Drafting & Design Mansion House, Penrith, Cumbria CA11 7YG 7 Brookside Tel: 01768 817817 Tirril Penrith CA10 2JG

Town and Country Planning Act 1990 Town and Country Planning (Development Management Procedure) Order 2015

Application No: 18/0639 On Behalf Of: Mrs J & Mr T Cooney

In pursuance of their powers under the above Act and Order, Eden District Council, as local planning authority, hereby REFUSE outline planning permission for the development described in your application and on the plans and drawings attached thereto, viz:

Application Type: Outline Application Proposal: Outline application for one dwelling and annex with approval sought for access, appearance, layout and scale. Location: OLD STATION YARD KIRKBY THORE PENRITH CA10 1UZ

The reasons for this decision are:

1) In the absence of exceptional site specific overriding justification, the application as submitted is considered as being contrary to the aims and criteria concerns of relevant Policies LS1, DEV1 and RUR4 of the emerging Eden Local Plan, in that it would result in a dwelling in the open countryside outside of any defined settlement.

Where necessary the local planning authority has worked with the applicant in a positive and proactive manner seeking solutions to problems arising in relation to dealing with the planning application and to implement the requirements of the NPPF and the adopted development plan.

Date of Decision: 9 October 2018

Signed:

Jane Langston Deputy Director Technical Services

www.eden.gov.uk Jane Langston BEng (Hons) CEng MICE Deputy Director Technical Services Page 27

Notice of Decision

Carriage Return

To: Mrs M Longworth Mansion House, Penrith, Cumbria CA11 7YG Tebay Parish Council Tel: 01768 817817 Greenholme Yew Tree Farm Penrith Ca10 3TA

Town and Country Planning Act 1990 Town and Country Planning (Control of Advertisements) () Regulations 2007

Application No.: 18/0675 On Behalf Of: Mrs M Longworth

In pursuance of their powers under the above Act and Order, Eden District Council, as local planning authority, hereby REFUSE consent for the display of the advertisement described in your application and on the plans and drawings attached thereto, viz:

Application Type: Advertisement Proposal: Advertisement consent for 6no. metal signs. Location: ROUNDABOUT M6/A685/B6260 TEBAY PENRITHCA10 3SS

The reason(s) for this decision are:

1) Due to their siting and proliferation it is considered the advertisements would be a distraction to road users at a busy and complex road junction. To grant consent would be to the detriment of highway safety, and would therefore be contrary to the provisions of Saved Policy BE23 (Display of Advertisements) of the Eden Local Plan 1996, Policy EC5 of the Eden Local Plan 2014-2032 Submission Draft, and Paragraph 67 of the National Planning Policy Framework.

Where necessary the local planning authority has worked with the applicant in a positive and proactive manner seeking solutions to problems arising in relation to dealing with the planning application and to implement the requirements of the NPPF and the adopted development plan.

Date of Decision: 5 October 2018

Signed:

Jane Langston

www.eden.gov.uk Jane Langston BEng (Hons) CEng MICE Page 28 Deputy Director Technical Services

Deputy Director Technical Services

www.eden.gov.uk 2 Page 29

Notice of Decision

Carriage Return

To: Prospus Group Limited - Mr T Woof Mansion House, Penrith, Cumbria CA11 7YG Furrow Green Farm Tel: 01768 817817 Wharton Kirkby Stephen CA17 4LQ

Town and Country Planning Act 1990 Town and Country Planning (Development Management Procedure) Order 2015

Application No: 18/0721 On Behalf Of: Mr T Bradley - A66 Storage

In pursuance of their powers under the above Act and Order, Eden District Council, as local planning authority, hereby REFUSE full planning permission for the development described in your application and on the plans and drawings attached thereto, viz:

Application Type: Full Application Proposal: Variation of Condition 2 (Plans Compliance), removal of Condition 5 (Layout Plan) and Condition 8 (Zoning Plan) attached to approval 17/0565. Location: KIRKBY THORE INDUSTRIAL ESTATE KIRKBY THORE PENRITH CA10 1XA

The reason(s) for this decision are:

1) It is considered that the proximity to residential properties, the effective unrestricted nature of the proposed development resulting from the removal and/or variation of these conditions would result in unreasonable impact on neighbouring and nearby residential amenity and that therefore the development proposed is contrary to DEV5 of the Eden Local Plan (2014-32).

2) It is considered that in the absence of good standards of design, layout, facing materials and effective landscaping and boundary treatment to be used and the potential for significant adverse visual impact in the absence of such on the predominantly rural local landscape by resulting development, then the resulting proposed development would be contrary to Policies ENV2 and DEV5 of the adopted Eden Local Plan (2014-32).

Where necessary the local planning authority has worked with the applicant in a positive and proactive manner seeking solutions to problems arising in relation to dealing with the planning application and to implement the requirements of the NPPF and the adopted development plan.

Date of Decision: 30 October 2018

Signed:

www.eden.gov.uk Jane Langston BEng (Hons) CEng MICE Page 30 Deputy Director Technical Services

Jane Langston Deputy Director Technical Services

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