(Public Pack)Minutes Document for Planning Committee, 17/12/2020 09:30

Eden District Council

Planning Committee Minutes

Date: 17 December 2020 Venue: This was a virtual meeting and therefore there was no venue. Time: 9.30 am

Present:

Chairman: Councillor W Patterson Vice Chairman: Councillor M Eyles Councillors: I Chambers A Ross M Clark H Sawrey-Cookson D Holden D Wicks Standing Deputies: Councillor P G Baker Councillor E Martin Officers Present: Nick Atkinson, Planning Services Development Manager Others Present: Democratic Services Officer: Vivien Little, Nichola Baker and Karen Wyeth

Pla/87/12/20 Apologies for Absence

At the start of the meeting, the Senior Solicitor advised that this meeting was being hosted remotely using conferencing software which allowed Members, Officers and public attendance whilst being able to protect themselves and others, and observe the Government’s social distancing measures.

The Senior Solicitor also stated that all votes during this meeting would be taken through an informal recorded vote, though would not be noted as such in the minutes.

A roll call of all those Members in attendance remotely was then taken.

Apologies for absence were received from Councillor Lynch, Councillor Simpkins, Councillor Baker attended as substitute, and Councillor Thompson, Councillor Martin attended as substitute.

Pla/88/12/20 Minutes

RESOLVED that the public minutes Pla/73/11/20 to Pla/86/11/20 of the meeting of this Committee held on 19 November 2020 be confirmed and signed by the Chairman as a correct record of those proceedings.

Pla/89/12/20 Declarations of Interest

Councillor Eyles gave a personal explanation in that he was recording the meeting.

Councillor Martin gave a personal explanation in that she was Chair of Hesket Parish Council and would be leaving the meeting for the duration of application 20/0434.

Councillor Patterson gave a personal explanation with regard to application number 20/0429 as these applicants were known to him. He advised that he would be leaving the meeting before this item and therefore would not be taking part in the debate or vote.

Pla/90/12/20 Planning Issues

RESOLVED that the attached lists of the Assistant Director Planning and Economic Development: a) Applications determined under office delegated powers for the month of November 2020 b) Reasons for refusal on delegated decisions for the month of November 2020 be noted.

Pla/91/12/20 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 Assistant Director Planning and Economic Development.

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 Assistant Director Planning and Economic Development 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.

Pla/92/12/20 Planning Application No: 20/0589 Outline application for a dwelling with all matters reserved. Car park at Lowther Castle Inn, Hackthorpe, Penrith

The Committee received a presentation from Mr Graham K Norman (Architect) Ltd, an agent, in support of the application.

Proposed by Councillor Sawrey-Cookson Seconded by Councillor Baker

That the application be REJECTED on the grounds of DEV3, Transport, Accessibility and Rights of Way

For: 3 Against: 6 Abstain: 1

The motion therefore FELL

Proposed by Councillor Chambers Seconded by Councillor Wicks

For: 7 Against: 2 Abstain: 1 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 original permission or before the expiration of two years from the date of the approval of the last reserved matters to be approved, whichever is the latter.

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.

2. Application for approval of all reserved matters shall be made to the Local Planning Authority 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.

3. Approval of the details of the scale, layout, and external appearance of the building, means of access thereto and the landscaping of the site (called "the reserved matters") shall be obtained from Local Planning Authority in writing before any development is commenced.

Reason: The application is in outline form only and is not accompanied by full detailed plans.

Approved Plans

4. The development hereby granted shall be carried out in accordance with the drawings hereby approved:

i. Application Form received 21 August 2020 ii. Location Plan (120-139A-01) received 21 August 2020

iii. Design and Access Statements received 21 August 2020

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

Before the development is commenced

5. Full details of the surface water drainage system (incorporating SUDs features as far as practicable) and a maintenance schedule (identifying the responsible parties) 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 thereafter in accordance with the schedule.

Reason: To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution. To ensure the surface water system continues to function as designed and that flood risk is not increased within the site or elsewhere. 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 could result in unacceptable harm contrary to the policies of the Development Plan.

Pre-occupancy or other stage conditions

6. Details showing the provision of a vehicle turning space within the site, which allows vehicles visiting the site to enter and leave the highway in a forward gear, shall be submitted to the Local Planning Authority for approval. The development shall not be brought into use until any such details have been approved and the turning space constructed. The turning space shall not thereafter be used for any other purpose.

Reason: To ensure that provision is made for vehicle turning within the site and in the interests of highway safety.

7. The vehicular crossing over the footway, including the lowering of kerbs, shall be carried out in accordance with details that shall be submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure a suitable standard of crossing for pedestrian safety.

8. The whole of the access area bounded by the carriageway edge, entrance gates and the splays shall be constructed and drained in accordance with details that shall be submitted to and approved in writing by the Local Planning Authority.

Reason: In the interests of road safety.

Ongoing Conditions

9. Foul and surface water shall be drained on separate systems. Reason: To secure proper drainage and to manage the risk of flooding and pollution.

10. Construction works shall be carried out only between 0800 – 1800 hours Mondays – Fridays; 0900 – 1300 hours on Saturdays and there shall be no activity on Sundays and Bank Holidays.

Reason: To safeguard the amenity of residents living nearby.

Informative:

If the application is approved the applicant must not commence works, or allow any person to perform works, on any part of the highway until in receipt of an appropriate permit allowing such works. They will need to contact Streetworks East streetworks.east@cumbria.gov.uk for the appropriate permit.

Pla/93/12/20 Planning Application No: 20/0484 Outline application for erection of 2no. local occupancy dwellings with all matters reserved. Land at Southwaite, Southwaite, CA4 0LL

The Committee received a presentation from Mr Fisher, the applicant, in support of the application.

The Committee received a presentation from Ms A Jones, an agent, in support of the application.

Proposed by Councillor Sawrey-Cookson Seconded by Councillor Holden

And RESOLVED that planning permission be REFUSED for the following reasons:

1. The proposed development is not consider to be infill or rounding off, conflicting with Policies LS1 and HS2 of the Local Development Plan.

2. The proposed development would have an unacceptable landscape impact conflicting with Chapters 12 and 15 of the NPPF and Policies DEV5 and ENV2 of the Local Development Plan.

Pla/94/12/20 Planning Application No: 20/0669 Demolition of existing shed and erection of a replacement shed. Re-submission of 20/0223 Banks Gale, North Stainmore, Kirkby Stephen, CA17 4EX

The Committee received a presentation from Mr W Steele, Stainmore Parish Council, in support of the application.

The Committee received a presentation from Mr D Addis, an agent, in support of the application.

Councillor Sawrey-Cookson proposed that the application for planning permission be refused.

This proposal did not find a seconder and therefore the motion FELL.

Proposed by Councillor Eyles Seconded by Councillor Holden and RESOLVED that planning permission be GRANTED as the reduced size and scale of the shed created an acceptable proposal in accordance with DEV5, Design of New Development, and that the planning permission be GRANTED subject to delegated

authority being given to the Assistant Director Planning and Economic Development to agree conditions.

The meeting was adjourned at 11:29

Councillor Patterson left the meeting at 11:29

The meeting was reconvened at 11:42

Councillor Eyles chaired the meeting in Councillor Patterson’s absence.

Pla/95/12/20 Planning Application No: 20/0429 Erection of Detached Dwelling and Detached Shed/Kennels (as amended) Land at/to the rear of Cross House, Newby

The Planning Services Development Manager confirmed that the applicant would be agreeable to a local occupancy restriction being added should the application be approved. This did not alter the officer recommendation.

The Committee received a presentation from Mr T Somerville, Parish representative, in support of the application.

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

Proposed by Councillor Eyles Seconded by Councillor Holden and RESOLVED that the meeting go beyond three hours.

Proposed by Councillor Wicks Seconded by Councillor Chambers and RESOLVED that planning permission be GRANTED in line with policy HS1, Affordable Housing, and Policy LS1, Locational Strategy, as the applications is considered to be an infill application, and that planning permission be GRANTED subject to delegated authority being granted to the Assistant Director Planning and Economic Services to agree conditions.

Pla/96/12/20 Confirmation of Site Visits (if any)

No site visits were confirmed at this meeting.

Pla/97/12/20 Any Other Items which the Chairman decides are urgent

There were no items which the Chairman felt were urgent.

Pla/98/12/20 Date of Next Meeting

The date of the next meeting was confirmed as 21 January 2021.

The meeting closed at 12.44 pm

…………………………………………………………………………

7 This page is intentionally left blank PLANNING COMMITTEE Agenda Item No. APPLICATIONS DETERMINED UNDER OFFICER DELEGATED POWERS FOR THE MONTH OF NOVEMBER 2020

App No App Type Parish Description Location Applicant Decision

20/0100 Reserved by Sockbridge & Discharge of conditions 3 (construction method LAND WEST OF SOCKBRIDGE, Stoneswood APPROVED Cond Tirril statement), 4 (carriageway, footways, footpaths, THORPE FIELD, SOCKBRIDGE, Devleopment Ltd cycle ways etc.), 8 (surface water discharge), 9 PENRITH, (surface water drainage), 11 (parking, turning, loading and unloading of vehicles), 12 (surface water drainage - national planning practice guidance), 13 (hard and soft landscaping) and 14 (tree protection measures) attached to approval 17/0080.

20/0226 Full Application Bolton Extension to Memorial Hall, change of use of annexe BOLTON MEMORIAL HALL, CHAPEL Ms S Leyland APPROVED to domestic dwelling and change of use of part STREET, BOLTON, APPLEBY-IN- playing field to car park. WESTMORLAND, CA16 6AR

20/0290 Full Application Bolton Variation of Condition 2 (plans compliance) for the EDEN GROVE, BOLTON, APPLEBY- Eden Grove APPROVED replacement of blocks C,D,E and F with 10 detached IN-WESTMORLAND, CA16 6AJ Investments dwellings, attached to approval 15/0728.

20/0442 Full Application Penrith Variation of Condition 2 (Plans Compliance) to erect 42 MAYBURGH AVENUE, PENRITH, Mr R Lamb APPROVED porch to front elevation attached to approval 19/0301. CA11 8PA

20/0459 Full Application Ainstable Retrospective installation of biomass wood pellet ARMATHWAITE PLACE, Mr G MacLellan APPROVED boiler to replace old oil boiler. ARMATHWAITE, CA4 9PY

20/0468 Non-Material Penrith Non material amendment to substitute 23No. plots, LAND AT CARLETON HILL ROAD, Persimmon Homes - APPROVED Amend reposition 5No. plots and reposition garages on 2No. PENRITH, Ms K Pearson plots attached to approval 16/0811.

20/0479 Listed Building Lazonby Listed Building Consent for repairs to external and LAZONBY C OF E SCHOOL, The Governors APPROVED internal walls and removal of redundant oil tanks. LAZONBY, CA10 1BL

20/0481 Full Application Penrith Two storey side extension to provide annex. 1 SALKELD ROAD, PENRITH, CA11 Mr S Murray APPROVED 8QL Minute Item Pla/90/12/20 20/0506 Full Application Penrith Change of use of part of building from office use to SATU INTERIORS LTD, OFFICE 1 SATU INTERIORS APPROVED beauty salon. THE WHITE OX, INGLEWOOD LTD - Mrs J Shead ROAD, PENRITH, CA11 8QN

20/0514 Full Application Penrith Variation of condition 2 (Plans Compliance) to LAND OFF CARLETON ROAD, Story Homes - Mrs J APPROVED amend the roof materials, attached to approval PENRITH, Taylor 20/0179.

Page 9 Page 20/0515 Full Application Newby Change of use of part field for siting of timber garage CORNER HOUSE, NEWBY, Mrs S Alderton APPROVED and creation of new access. PENRITH, CA10 3EX

04 December 2020 Page 1 of 9 Page 10 Page App No App Type Parish Description Location Applicant Decision

20/0554 Listed Building Temple Sowerby Listed Building Consent for the installation of two CEDARS, TEMPLE SOWERBY, Miss K Moberly APPROVED slate vents in the roof to allow ventilation from PENRITH, CA10 1RZ bathroom extractor fans.

20/0560 Full Application Soulby Erection of detached dwelling with ancillary DENMARK HALL, SOULBY, KIRKBY Mr & Mrs J Western APPROVED outbuilding STEPHEN, CA17 4PL

20/0568 Full Application Bolton Proposed conversion of adjoining barn/outbuildings PENNINE VIEW, SOUTH END, Mr & Mrs Hudson APPROVED for residential use. BOLTON, CA16 6AW

20/0570 Listed Building Alston Listed Building Consent for the retention of 2no THE HIVE, NENTHEAD, ALSTON, Nenthead Chapel APPROVED advertisement signs on south elevation and 1no CA9 3PF Enterprises Ltd - Ms S noticeboard on East elevation. Griffith-Jones

20/0573 Full Application Bandleyside Proposed agricultural building and slurry holding HELM FARM, ORMSIDE, APPLEBY- M & S Barrow APPROVED store. IN-WESTMORLAND, CA16 6QA

20/0576 Full Application Penrith Change of use of Stoneybeck Inn to offices and the STONEYBECK INN, BOWSCAR, A Wilderness Way APPROVED change of use of Beck Cottage to a residential care PENRITH, CA11 8RP home

20/0577 Listed Building Penrith Listed Building Consent for the installation of a STONEYBECK INN, BOWSCAR, A Wilderness Way APPROVED number of partition walls to Stoneybeck Inn and the PENRITH, CA11 8RP removal of a partition wall in Beck Cottage.

20/0594 Reserved by Penrith Discharge of Conditions 3 (Lighting) and 4 (Surface LAND AT EDEN BUSINESS PARK, Venture Business APPROVED Cond water drainage) attached to approval 20/0238. COWPER ROAD, PENRITH, CA11 Space Limited - Mr A 9FD Hayton

20/0598 Tree Works Brougham Fell 2 x Spruce trees and crown reduce 2 x Hawthorn 17 BROUGHAM HALL GARDENS, Mr R Wood APPROVED (TPO) trees. BROUGHAM, PENRITH, CA10 2DB

20/0605 Tree Works Penrith Beech tree (T1) reduction of no more that 30% of the 3 SANDATH GARDENS, FELL LANE, Mr S Knafler APPROVED (TPO) leaf area to be thinned by a mix Crown Reduction PENRITH, CA11 8BG and Crown thinning.

20/0621 Notice of Intention Murton Proposed installation of solar panels. HEATHER BANK, BRACKENBER, G A & D E Slack - Mr G APPROVED APPLEBY-IN-WESTMORLAND, Slack CA16 6LP

20/0624 Full Application Dacre Cover over existing muck store. PALLET HILL FARM, PALLET HILL, Mr K Preston APPROVED PENRITH, CA11 0BY

20/0632 Full Application Ousby Extension to existing hay shed/stables and storage CROFT HOUSE, OUSBY, PENRITH, Mr A Hunter APPROVED of agricultural vehicles and livestock. CA10 1QB

20/0639 Listed Building Kirkby Stephen Listed Building Consent for interior re-modelling of 25 MARKET SQUARE, KIRKBY Cumbria Smiles - Dr A APPROVED ground floor treatment rooms, reception and waiting STEPHEN, CA17 4QT Hamid area and lower ground floor staff areas.

04 December 2020 Page 2 of 9 App No App Type Parish Description Location Applicant Decision

20/0640 Full Application Penrith Replacement of white UPVC sliding door and window 3 HUTTON COURT, BENSON ROW, Mr R Lyon APPROVED panel with white opening door and window panel. PENRITH, CA11 7YJ

20/0641 Full Application Glassonby Proposed conservatory. OCTOBER COTTAGE, GAMBLESBY, Mr Sawyer APPROVED PENRITH, CA10 1JA

20/0642 Full Application Penrith Change of use to compound/parking/storage area PLOTS 3, 4 AND 5, EDEN Cumbria Quarrying APPROVED and the installation of services and infrastructure BUSINESS PARK, PENRITH, Services Limited including the erection of a perimeter fence to plot five Eden Business Park and the erection of No.11 aggregate bays along the western boundary of plots three and four (part retrospective).

20/0645 Full Application Stainmore Erection of new timber agricultural store / workshop. THE OLD DAIRY, NORTH Mr John Birch APPROVED STAINMORE, KIRKBY STEPHEN, CA17 4EU

20/0651 Full Application Penrith Proposed alterations to existing driveway. 10 PARK CLOSE, PENRITH, CA11 Mr M Jameson APPROVED 8ND

20/0652 Full Application Kirkoswald Retrospective subdivision of Garden House and GARDEN HOUSE / COURTYARD Mr M Vollans APPROVED Courtyard Cottage to form two dwellings. COTTAGE, STAFFIELD HALL, STAFFIELD, PENRITH, CA10 1EU

20/0654 Full Application Penrith Demolition and rebuild of existing garage and new 31 OAK ROAD, PENRITH, CA11 8TS Mr & Mrs R & A Lowis APPROVED garden boundary wall with garden landscaping.

20/0656 Reserved Matters Crackenthorpe Reserved Matters application for access, GARTH HOUSE, Mr G Knowles APPROVED appearance, landscaping, layout and scale, attached CRACKENTHORPE, APPLEBY-IN- to approval 17/0299. Re-submission of 19/0830. WESTMORLAND, CA16 6AH

20/0668 Full Application Kirkoswald Erection of a two storey extension to the front 11 ROODS PLACE, KIRKOSWALD, Mr & Mrs Reay APPROVED elevation. PENRITH, CA10 1EF

20/0674 Full Application Dacre Rebuilding of existing single storey dwelling to STONECREST, GREYSTOKE GILL, Mr & Mrs S & T APPROVED provide additional living space. GREYSTOKE, PENRITH, CA11 0UQ Hawkyard

20/0680 Full Application Lazonby Retrospective application for the change of use of LAND WEST OF CLEAR VIEW, Mr G Dickinson APPROVED land to Sui Generis Use (storage of timber, tools, LAZONBY, CA10 1AU and machinery, agricultural items), formation of new track, parking area and associated engineering works; erection of general purpose building; and temporary placement of shipping container for tools/machinery for three years.

20/0681 Full Application Hesket Erection of two-storey side extension, single-storey SOUTHWAITE HILL COTTAGE, Mr & Mrs R & M APPROVED

Page 11 Page rear extension, replacement porch and erection of SOUTHWAITE, CA4 0EW Ibbotson detached garage.

04 December 2020 Page 3 of 9 Page 12 Page App No App Type Parish Description Location Applicant Decision

20/0682 Listed Building Hesket Listed Building Consent for the erection of two-storey SOUTHWAITE HILL COTTAGE, Mr & Mrs R & M APPROVED side extension, single-storey rear extension and SOUTHWAITE, CA4 0EW Ibbotson replacement porch. Removal of render to external walls and re-point and/or white wash existing stone. Re-roof existing dwelling.

20/0683 Full Application Culgaith Change of use of buildings and land from agriculture BLACKHILL LODGE STUD, Mr M Vickers APPROVED to equestrian - retrospective. BLENCARN, PENRITH, CA10 1TX

20/0684 Full Application Alston Replacement single storey side extension. WHITEHALL HOUSE, NENTHEAD, Mr J Edgar APPROVED CA9 3PS

20/0685 Full Application Culgaith Variation of condition 2, 3, 4 and 6 (occupancy BLACKHILL LODGE STUD, Mr M Vickers APPROVED restriction, vehicle parking and turning, and chalet BLENCARN, PENRITH, CA10 1TX retention and use) of planning permission 11/0945

20/0689 Cert. of Lawful Greystoke Certificate of Lawfulness for the development of a BRAETHEN, THE THORPE, Mr & Mrs Mole REFUSED building for residential use. GREYSTOKE, PENRITH, CA11 0TJ

20/0693 Full Application Penrith Change of use of the first and second floors from 1 ROWCLIFFE LANE, PENRITH, Rowcliffe House Vets APPROVED residential use to veterinary practice use (Use Class CA11 7BH Ltd - Mrs S Boye E).

20/0697 Full Application Glassonby Extension of agricultural building to roof over existing CHURCH FARM, GAMBLESBY, Mr G Morton APPROVED yard. PENRITH, CA10 1HR

20/0698 Full Application Cliburn Access track for farm buildings. HOWGATE HOUSE, CLIBURN, SB & MA Threlkeld - Mr APPROVED PENRITH, CA10 3AL & Mrs Threlkeld

20/0701 Full Application Hunsonby Erection of agricultural building for livestock. TOWN END FARM, LITTLE Mr Hebson APPROVED SALKELD, PENRITH, CA10 1NN

20/0707 Tree Works (CA) Brough Crown lifting work on 4 cherry trees and 1 sycamore BROUGH PRIMARY SCHOOL, Mr P Cooper APPROVED tree within Conservation area. CHURCH BROUGH, KIRKBY STEPHEN, CA17 4EW

20/0708 Listed Building Penrith Listed Building Consent for retention of alterations FIGARO BARBER SHOP, 5 MARKET Figaro Barber Ltd REFUSED and replacement of shop front and access door. SQUARE, PENRITH, CA11 7AU

20/0710 Full Application Penrith Retrospective alterations and replacement of shop FIGARO BARBER SHOP, 5 MARKET Figaro Barber Ltd REFUSED front and access door. SQUARE, PENRITH, CA11 7AU

20/0714 Tree Works Yanwath & TPO807 Beech, end weight reduction 30% GLADE HOUSE, YANWATH, Mr J Ismay REFUSED (TPO) Eamont Bridge PENRITH, CA10 2LF

20/0715 Full Application Hesket Proposed agricultural building. LOW STREET COTTAGE, Mr M Cranston APPROVED PLUMPTON, PENRITH, CA11 0JD

04 December 2020 Page 4 of 9 App No App Type Parish Description Location Applicant Decision

20/0718 Tree Works (CA) Penrith Fell T1 Cypress, Fell T2 Golden Cypress and replace THE GARTH, BEACON STREET, Mr M Robinson APPROVED with smaller more ornamental version, Fell T3-T7 PENRITH, CA11 7TY Cypress to be replaced by smaller more ornamental version. Reduce crown of T8 by approx 2-3 meters to maintain shape and current aesthetics.

20/0719 Tree Works (CA) Appleby T1 - Sycamore prune to clear property by 3 meters 2 DRAWBRIGGS MOUNT, APPLEBY- Mr Wilson APPROVED and balance remaining crown. IN-WESTMORLAND, CA16 6HL

20/0720 Tree Works (CA) Penrith T1 - Cypress Fir - Crown raise over drive. G1 - BEACONSFIELD, BEACON EDGE, Mr B Hargreaves APPROVED Crown raise line of Beech trees to approx 4 meters PENRITH, CA11 7SF and 2.5 meters away from house. G2 - Fell 2x Beech trees. T2 - Crown raise 1 Beech tree. T3 - crown raise 1x Beech tree over neighbours shed. T4 - Crown raise 1x Maple tree slightly over Acer. T5 - Crown raise 1x Yew tree to approx 2.5 meters over footpath. T6 - Crown raise 1x Beech tree to approx 2.5 meters over footpath.

20/0721 Tree Works (CA) Penrith T1 - Fell 1x multi stemmed ash tree showing minor OAKVILLE, BEACON EDGE, Mr T Brough APPROVED signs of Ash die back - with predominant lean into PENRITH, CA11 7SF neighbours property. T2 - Fell 1x dead Fir tree. G1 - Fell group of small trees - mix of Fir and Silver Birch.

20/0722 Full Application Ainstable Replacement agricultural building and associated LAND AT AINSTABLE, AINSTABLE, Mr C Bainbridge APPROVED hardstanding. CARLISLE,

20/0723 Advertisement Alston Advertisement consent for the retention of 2no THE HIVE, NENTHEAD, ALSTON, Nenthead Chapel APPROVED advertisement signs on South elevation and 1no CA9 3PF Enterprises - Ms S noticeboard on East elevation. Griffith-Jones

20/0724 Full Application Glassonby Replacement side extension and alterations. HILL CREST, GAMBLESBY, Mrs H Teasdale APPROVED PENRITH, CA10 1HR

20/0725 Listed Building Glassonby Listed Building Consent for replacement side HILL CREST, GAMBLESBY, Mrs H Teasdale APPROVED extension and alterations. PENRITH, CA10 1HR

20/0726 Full Application Kaber Variation of condition 2 (plans compliance) to BROXTY FARM, KABER, KIRKBY Mr & Mrs K Buckle APPROVED increase the number of ground source heat pump STEPHEN, CA17 4ER units and containers, attached to approval 20/0266.

20/0727 Full Application Kirkby Stephen Proposed roof over dry midden store. SANDWATH FARM, KIRKBY MR R OWEN APPROVED STEPHEN, CA17 4HE

20/0728 Tree Works (CA) Penrith Fell tree in garden of property. 9 JUBILEE LODGE, BEACON EDGE, Mr J Fletcher APPROVED PENRITH, CA11 7SQ Page 13 Page 20/0729 Full Application Penrith Single storey orangery extension to rear. 15 RIMINGTON WAY, PENRITH, Mr B Carruthers APPROVED CA11 8TG

04 December 2020 Page 5 of 9 Page 14 Page App No App Type Parish Description Location Applicant Decision

20/0730 Tree Works Appleby T27 - Sycamore tree, crown reduction and up to 30% 7 HOTHFIELD DRIVE, APPLEBY-IN- Mrs J Johnston APPROVED (TPO) thin to allow light into garden of 8 Drawbriggs Close WESTMORLAND, CA16 6HJ and to reduce back from the roof of the bungalow, with the removal of damaged branches.

20/0731 Tree Works Appleby T28 Sycamore in the garden of 5 Hothfield Drive, 5 HOTHFIELD DRIVE, APPLEBY-IN- Mrs J Johnston APPROVED (TPO) reduce back from 10 Drawbriggs Court, crown WESTMORLAND, CA16 6HJ reduction and up to 25% thin, removal of any damaged branches.

20/0734 Listed Building Hesket Listed Building Consent for replacement windows 1 WAYSIDE TERRACE, Dr S Long APPROVED and doors. CALTHWAITE, PENRITH, CA11 9QL

20/0739 Listed Building Bolton Listed Building Consent for internal alterations. WHITE HOUSE, BOLTON, CA16 6AL Mr H Johnson APPROVED

20/0741 Full Application Alston Replacement of windows to front elevation. ALDENSTONE, TOWNHEAD, Mr I Sorrell APPROVED ALSTON, CA9 3SL

20/0742 Tree Works (CA) Penrith 1 Cedar - crown reduce in height and spread to RAWCROFT, 46 ARTHUR STREET, Mr Roddis APPROVED reduce loading on failed stem union. Overall PENRITH, CA11 7TU reduction of 1-2 meters. Finished height / spread 6-7 meters. 2&3 Birch - reduce height by 2-3 meters / 3- 4 meters respectivley, primarily to reduce loading of codominant stem in tree no2. Finished height 8-10 meters. 4&5 Birch - reduce height by 3-4 meters with a targeted reduction of 1-2 meters. Finished height 8- 10 meters.

20/0746 Full Application Hesket Erection of a front extension, alterations to vehicular COLONSAY HOUSE, Mr S Walker APPROVED hardsurfacing MIDDLESCEUGH, IVEGILL, CA4 0NR

20/0748 Tree Works (CA) Penrith 1. Remove Willow tree; 2. Remove tree on boundary 132 GRAHAM STREET, PENRITH, Miss S Dent APPROVED between gardens of No 132 and No 133; CA11 9LG Reasons:trees grown out of control; roots are raising garden flags; Penrith New Streets Conservation Area.

20/0750 Tree Works Skelton Crown lift Oak 3 trees; Trees 1 and 2 up to 12ft ORCHARD HOUSE, SKELTON, Mrs C Irving APPROVED (TPO) approx; Tree 3 up to 10ft approx; Reasons: To let PENRITH, CA11 9SQ more light through, make working underneath them easier and remove low spindley branches; Tree Preservation Order No 180, 2016, Orchard House, Skelton.

20/0752 Tree Works (CA) Kirkoswald G1 - 2 small Lawson Cypress trees/shrubs to fell; MANOR HOUSE, KIRKOSWALD, Mrs R Shead APPROVED Reason: too large for space and blocking light; PENRITH, CA10 1DQ Kirkoswald Conservation Area.

20/0753 Tree Works (CA) Penrith Reduce crowns of Norwegian Maple (T2) and Horse CORNERWAYS, 5 SANDATH Mrs R Exton APPROVED Chestnut (T3) by approx 1.5 meters to reduce shade GARDENS, FELL LANE, PENRITH, and overhang. CA11 8BG

04 December 2020 Page 6 of 9 App No App Type Parish Description Location Applicant Decision

20/0754 Full Application Sockbridge & Proposed day room and other minor amendments to LAND ADJACENT TO WALMAR, JIW Properties Ltd - Mr APPROVED Tirril unit 5. CROFT HEAD, SOCKBRIDGE, Wilkinson PENRITH,

20/0755 Notice of Intention Yanwath & Proposed roof over existing silage pit. YANWATH WOODHOUSE, EAMONT Messrs Fisher - Mr R APPROVED Eamont Bridge BRIDGE, PENRITH, CA10 2JB Fisher

20/0765 Reserved by Kirkby Stephen Discharge of condition 13 (archaeological written LAND OFF CHRISTIAN HEAD, Mandale Homes APPROVED Cond scheme of investigation) attached to approval KIRKBY STEPHEN, 17/0073.

20/0768 Tree Works Appleby Felling of Horse Chestnut LAND ADJACENT TO CROSS Dean Little Tree APPROVED (TPO) CROFT, OPPOSITE CHERRY Surgery - Mr D Little CROFT, APPLEBY-IN- WESTMORLAND, CA16 6HR

20/0770 Full Application Kirkby Thore Roof over existing silage pit. SPITTALS FARM, KIRKBY THORE, Mr A Addison APPROVED PENRITH, CA10 1XQ

20/0776 Reserved by Penrith Discharge of condition 3 (surface water management FORMER CARE HOME, BEACON Atkinson Building APPROVED Cond plan), attached to approval 20/0251. EDGE, PENRITH, CA11 8BN Contractors Mr Cowperthwaite

20/0782 Tree Works (CA) Hesket T1 Fir tree - Remove to ground level due to PENNINE HOUSE, PENNINE VIEW, Mr J Woodward APPROVED excessive shading and proximity to house; Settle- ARMATHWAITE, CARLISLE, CA4 Carlisle Railway Conservation Area. 9PN

20/0792 Tree Works (CA) Penrith Trim Golden Cypress to achieve clearance of 21 WORDSWORTH STREET, Mrs K Crump APPROVED footpath, reducing height by 1/3 (1 meter). Reduce in PENRITH, CA11 7QY height by 11/3 3x small multi-stemmed Cypress at side of house. Re-shape variegated Holly, reducing spread by approx. 1 Meter and height by 1-1.5 meters (finished spread 4 meters / height 4 meters) Page 15 Page

04 December 2020 Page 7 of 9 Page 16 Page App No App Type Parish Description Location Applicant Decision

20/0793 Tree Works (CA) Penrith 1 Sycamore - crown raise to a height of 4 meters MOUNT PLEASANT, BEACON Mrs R Gall APPROVED over drive. Reduce loading in limb over camper van. EDGE, PENRITH, CA11 7SD 2 Reduce privet on gable by approx. 1meter. 3 Remove competitive Elder x2 and Sycamore x1 in Beech Hedge. Consider plugging to prevent regrowth. 4 Maintenance trim of Beech Hedge on internal edge. Maintenance tri Beech Hedge separating upper and lower garden to all sides. 5 Level stump. 6 Reduce mixed hedge (Leylandii / Elm etc) by approx.. 1/3 circa 1 meter in height, from the Silver Birch to the Copper Beech (No.9). Trimming the internal side and the top to be level. 7 Level stump. 8 Remove declining Silver Birch. 9 Lift Copper Beech reducing approx.. 3 low lateral branches and lifting to a height of approx. 4 meters. 10 Trim top off Yew 11 Target prune approx.. 4 lateral branches from Yew. 12 Remove Apple Tree in corner. 13 / 14 Level stumps x2. 15 Tidy Holly tree in rear corner. 16 Step and trim Holly hedge. 17 Prune overhanging Damson. 18 Remove dead tree to low stump.

20/0794 Tree Works Brougham Fell to ground level 4x Sitka Spruce. 16 BROUGHAM HALL GARDENS, Mr J Riley APPROVED (TPO) BROUGHAM, PENRITH, CA10 2DB

20/0807 Tree Works (CA) Appleby T1 - Crown lift to 5.5m for highway clearance on all 6 FRIARY FIELDS, APPLEBY-IN- Mr M Saint APPROVED sides. WESTMORLAND, CA16 6UT T2 - Reduce end loading on lower limbs by reducing length by 4m to 6m. T3 - Reduce north west side by up to 3m Reduce roadside by up to 3m for 5m highway clearance. T4 - Crown life to 5.5m. T5 - Crown reduce by 30% and crown lift to 3.5m. 6 - Fell.

20/0820 Tree Works (CA) Penrith Fell Fir tree. IVY BANK, 59 LOWTHER STREET, Mr Davis APPROVED PENRITH, CA11 7UQ

20/0863 Tree Works (CA) Penrith 1 - Birch propose to fell 26 LOWTHER STREET, PENRITH, Mr P Clement APPROVED 2 - Fell, possible Copper Beech CA11 7UW Both to be replaced with a different tree within the garden

20/0872 Tree Works (CA) Penrith 2 x Conifers and Laburnum - remove as in BISHOPS YARD HOUSE, BISHOP Mr J Evans APPROVED dangerous position next to Listed building. YARDS, PENRITH, CA11 7XU

04 December 2020 Page 8 of 9 App No App Type Parish Description Location Applicant Decision

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 17 Page

04 December 2020 Page 9 of 9 This page is intentionally left blank

Eden District Council

TOWN AND COUNTRY PLANNING ACT 1990

TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) ORDER 2015

DECISION NOTICE

APPLICATION FOR CERTIFICATE OF LAWFUL USE OR DEVELOPMENT

Reference No 20/0689

Date: 16 November 2020

First Schedule

Certificate of Lawfulness for the development of a building for residential use.

Second Schedule

Address of site: BRAETHEN THE THORPE GREYSTOKE PENRITH CA11 0TJ

Eden District Council hereby certify that on 16 November 2020 the development described in the First Schedule hereto in respect of the land specified in the Second Schedule hereto and edged red on the plan attached to this Certificate is UNLAWFUL within the meaning of the Town and Country Planning Act 1990, for the following reason(s):

From the documentation and evidence provided, the Local Planning Authority is not satisfied that, on the balance of probabilities, the outbuilding premises at Braethen, The Thorpe, Greystoke, Penrith, CA11 0TJ, has been used as a single dwelling house (Use Class C3) for a continuous period of four years before the date of this application. Therefore, the sought use is considered to be unlawful.

Signed:

Oliver Shimell LLB Assistant Director Planning and Economic Development

www.eden.gov.uk Oliver Shimell LLB Assistant Director Planning and Economic Development Page 19

Notice of Decision

Carriage Return

To: Manning Elliott Architects - Mr M Elliott Mansion House, Penrith, Cumbria CA11 7YG Suite 1 Tel: 01768 817817 4 Cowper Road Manelli House PENRITH CA11 9BN

Town and Country Planning Act 1990

Application No: 20/0708 On Behalf Of: Figaro Barber Ltd

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

Application Type: Listed Building Proposal: Listed Building Consent for retention of alterations and replacement of shop front and access door. Location: FIGARO BARBER SHOP 5 MARKET SQUARE PENRITH CA11 7AU

The reason(s) for this decision are:

The shopfront (installed) by reason of its design and use of materials fails to conserve or enhance the significance of the designated heritage asset and there are no public benefits which outweigh the harm caused to the significance of the listed building. Therefore, the development fails to meet the aims of Policy ENV10 of the Eden Local Plan, the Shopfront and Advertisement Design SPD, the National Planning Policy Framework and the Planning Act (Listed Buildings and Conservation Areas) 1990.

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: 23 November 2020

Signed:

www.eden.gov.uk Oliver Shimell LLB Page 20 Assistant Director Planning and Economic Development

Oliver Shimell LLB Assistant Director Planning and Economic Development

www.eden.gov.uk 2 Page 21 Notice of Decision

Carriage Return

To: Manning Elliott Architects - Mr M Elliott Mansion House, Penrith, Cumbria CA11 7YG Suite 1 Tel: 01768 817817 4 Cowper Road Manelli House PENRITH CA11 9BN

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

Application No: 20/0710 On Behalf Of: Figaro Barber Ltd

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: Retrospective alterations and replacement of shop front and access door. Location: FIGARO BARBER SHOPFIGARO BARBER SHOP 5 MARKET SQUARE PENRITH CA11 7AU

The reason(s) for this decision are:

The shopfront (installed) by reason of its design and use of materials has an adverse impact on the designated heritage asset and fails to conserve or enhance the special character and appearance of the conservation area, contrary to Policies DEV5 and ENV10 of the Eden Local Plan and to the aims of the Shopfront and Advertisement Design SPD.

Date of Decision: 23 November 2020

Signed:

Oliver Shimell LLB Assistant Director Planning and Economic Development

www.eden.gov.uk Oliver Shimell LLB Page 22 Assistant Director Planning and Economic Development

Tree Preservation Order Notice of Decision

To: Mr J Ismay Town Hall, Penrith, Cumbria CA11 7QF Tel: 01768 817817 GLADE HOUSE YANWATH Email: [email protected] PENRITH Direct dial: (01768) 212159 CA10 2LF

Application Ref: 20/0714 Town and Country Planning Act 1990 Town and Country Planning (Trees) Regulations 1999, 2008 and 2012 Tree Preservation Order Application To Carry Out Works To Protected Trees I refer to your application dated 24 September 2020 to carry out work to a tree(s) protected within the above Order at Glade House Yanwath Penrith: TPO807 Beech, end weight reduction 30% DECISION: In pursuance of their powers under the above Act and Regulations, Eden District Council, as local planning authority, hereby REFUSE permission for the tree work proposal described in your application and on the plans and drawings attached thereto. The reason(s) for this decision are: The proposed pruning of the tree will have a substantial detrimental impact on the character of the location. The proposed work is not specified in accordance with section 7.7.2 British Standard BS3998:2010 Tree work – Recommendations (BS3998) however, it is for a significant crown reduction. A crown reduction of this extent would considerably reduce the amenity the tree provides, by reducing its overall size and resulting in a tree with an unnatural ‘truncated’ form. Furthermore, there will be numerous large wounds created which could form the entry points for decay, and a significant loss in leaf area reducing the trees ability to photosynthesize which could lead to a decline in the trees physiological condition. As such it is contrary to the recommendations set out at Table 1 and section 7.2.4 BS 3998. No evidence has been provided to demonstrate that the works are necessary to reduce the risk from the identified defects, or that the previous crown reduction works has not reduced the risk from the identified defects.

Your Right of Appeal If you disagree with the decision of the Council or the attachment of any conditions you can appeal to the Secretary of State for the Environment via the Planning Inspectorate. All appeals must be made in writing within 28 days from the date you receive the Councils decision. The Secretary of State has the discretion to allow a longer period.

Appeals are handled by the Planning Inspectorate (PINS). The1999 Regulations have been amended so that as from 1 October 2008 a fasttrack appeal procedure replaces the previous handling of appeals through the submission of written representations. In www.eden.gov.uk Oliver Shimell LLB Assistant Director Planning and Economic Development Page 23

practice most cases will therefore be dealt with on the basis of the original application and its supporting information, the decision of the LPA and the reasons they gave when making that decision. The inspector may, however, ask for further information. Either party may if they wish have the appeal dealt with at a hearing or public local inquiry.

When giving notice of appeal to PINS, the appellant must at the same time send a copy of that notice to the Council that made the original decision.

Appeals should be sent in writing to: The Planning Inspectorate, The Environment Appeals Team, Trees and Hedges, Room 3/25 Hawk Wing, Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6PN Tel: 0303 444 5000 e-mail: [email protected] Web: www.planning-inspectorate.gov.uk/pins/appeals/tree_preservation/index.htm

Compensation If you suffer any loss or damage as a direct consequence of the decision made by the Council, or by the attachment of any conditions, you may be entitled to recover from the Council compensation in respect of such loss or damage. If you wish to make a claim you must do so within 12 months from the date of this decision. Claims should be submitted in writing to: Head of Planning Services, Eden District Council, Mansion House, Penrith CA11 7YG.

Oliver Shimell LLB Assistant Director Planning and Economic Development Date of Decision: 24 November 2020