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(Public Pack)Minutes Document for Planning Committee, 19/09/2019 09:30

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(Public Pack)Minutes Document for Planning Committee, 19/09/2019 09:30 Eden District Council Planning Committee Minutes Date: 19 September 2019 Venue: Council Chamber, Town Hall, Penrith Time: 9.30 am Present: Chairman: Councillor W Patterson Vice Chairman: Councillor I Chambers Councillors: M Clark H Sawrey-Cookson G Nicolson OBE G Simpkins A Ross J G Thompson Standing Deputies: Councillor P G Baker Councillor L Harker Officers Present: Nick Atkinson, Planning Services Development Manager Rebecca Harrison, Solicitor Ian Irwin, Principal Planning Officer Alexander Strickland, Solicitor Democratic Services Officer: Vivien Little Pla/54/09/19 Exclusion of the Public RESOLVED that in accordance with Section 100A(4) of the Local Government Act 1972, members of the public (including the press) should be excluded from the meeting during the discussion of the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraph 5 of Part 1 to Schedule 12A of the Act. Pla/55/09/19 Apologies for Absence Apologies for absence were received from Councillor Eyles, Councillor Baker attended as substitute, Councillor Holden, Councillor Harker attended as substitute, and from Councillor Lynch. Pla/56/09/19 Minutes RESOLVED that the public minutes Pla/39/08/19 to Pla/53/08/19 of the meeting of this Committee held on 15 August 2019 be confirmed and signed by the Chairman as a correct record of those proceedings. Pla/57/09/19 Declarations of Interest 1 Councillor Thompson gave a personal explanation with regard to application numbers 18/0917 and 19/0286 in that he had been lobbied regarding these items. He intended to remain in the room and vote on these items. Councillor Sawrey-Cookson gave a personal explanation with regard to application 18/0917 as he knew the applicant, and had been lobbied on this item. He intended to remain in the room and vote on this items. Councillor Baker gave a personal explanation with regard to application 19/0202 as he was acquainted with both the applicant and the agent. He intended to remain in the room and vote on this item. Pla/58/09/19 Appeal Decision Letters Members considered report PP25/19 of the Assistant Director Planning and Economic Development which detailed decision letters received since the last meeting. Application Number(s) Applicant Appeal Decision 18/0837 Mr Nick Hill The appeal is dismissed Land adjacent to Apple Dene, Wetheriggs, Clifton Dykes, Cumbria, CA10 2DH The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant outline planning permission. The development proposed is outline application for residential development with all matters reserved. 19/0104 Mr and Mrs F Milburn The appeal is dismissed Field adjacent to A685, Church Brough, Nr Kirkby Stephen, Cumbria, CA17 4EJ 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 2 for outline planning permission. The development proposed is described as new dwelling garden curtilage area, field adjacent road, A685, Church Brough. Mr and Mrs F Milburn The application for an Field adjacent to A685, aware of costs is Church Brough, Nr Kirkby dismissed. Stephen, Cumbria, CA17 4EJ 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 failure of the Council to issue a notice of their decision within the prescribed period on an application for planning permission for new dwelling garden curtilage area, field adjacent road, A685, Church Brough. RESOLVED that the report be noted. Pla/59/09/19 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 August 2019 b) Reasons for refusal on delegated decisions for the month of August 2019 be noted. Pla/60/09/19 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: 3 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. Pla/61/09/19 Planning Application No: 18/0917, Construction of live/work unit and field shelter, Land adjacent to "Fernbank' As Councillor Harker did not take part in the site visit, following legal advice she withdrew to the public gallery for this item, and did not take part in debate or vote thereon. The Committee heard a presentation from Mr M Harvey, an objector, in objection to the application. The Committee heard a presentation from Councillor A Burne, from Great Strickland Parish Council in support of the application. The Committee heard a presentation from Councillor M Tonkin, the Ward Councillor, in support of the application. The Committee heard a presentation from Mrs K Twentyman, the applicant, in support of the application. Proposed by Councillor Thompson Seconded by Councillor Clark and RESOLVED that planning permission be refused for the following reasons: 1. Eden Local Plan Policy RUR4 allows for live/work units of an appropriate scale in rural areas provided they meet certain criteria, including that they should be of a scale and type sympathetic to the area within which they are proposed, and respect and reinforce local landscape character. All development must meet the criteria of Eden Local Plan Policy DEV5, which include the requirement for development to protect the district’s distinctive rural landscape, and to reflect the existing streetscene through use of appropriate scale and mass. The proposed development would result in a new live/work unit of a size and scale that is considered inappropriate in this tranquil rural setting. The benefits to the rural economy, of allowing a local business to grow and to continue to support local 4 suppliers, are in this case more than outweighed by the policy contradictions inherent in the proposal, in respect of the scale of both the dwelling and of the work unit, and the commercial appearance of the food production unit. The proposal would detract from the quiet and open character of the local rural area, and is therefore considered to be contrary to Policies RUR4 and DEV5 of the Eden Local Plan. Pla/62/09/19 Planning Application No: 19/0359, Change of use of land to holiday use and erection of 1 no. holiday lodge, Land to north of Dukes Meadow, Lamonby The Committee received a presentation from Miss N Howard, an agent, in support of the application. Proposed by Councillor Nicolson Seconded by Councillor Thompson 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) Application form received 22 May 2019 ii) Location plan received 27 August 2019 iii) Site plan, drawing no. D.02 received 27 August 2019 iv) Floor plan and elevations, drawing no. D.01 Dims received 27 August 2019 Reason: To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission. Pre-commencement condition 3. Prior to commencement, a method statement shall be submitted to and agreed by the local planning authority, setting out how the proposed holiday unit will be constructed on site; how the panels will be transported on to the site; details of proposed works to trees and ground protection measure. Reason: In order to safeguard trees on site. Pre-Occupancy or Other Stage Conditions 4. This permission is for the siting of one holiday lodge only. 5 Reason: In order to define the permission 5. No consent is given to the paved garden area and associated planting area as shown on the site plan, drawing no. D.02 received on 21 August 2019. Reason: To safeguard the visual amenity of the area Ongoing Conditions 6. The holiday accommodation hereby approved shall not be occupied other than for holiday purposes and shall not be used as a sole or main place of residence. The owner shall maintain an up to date register of names and addresses of the occupiers of the holiday let, together with their dates of occupation, and shall make the register available to the local planning authority upon request. Reason: To ensure the accommodation remains available for holiday accommodation purposes and is not used for unauthorised permanent residential occupation. 7. The approved landscaping scheme shown on drawing no. D.02 shall be carried out within 6 months of the commencement of works at the site; any trees or plants which within a period of 5 years from the date of planting die, are removed or become seriously damaged or diseased shall be replaced in the next p season with others of similar size and species and quality.
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