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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

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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, , 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 , 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

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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:

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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

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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.

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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.

Reason: To ensure the satisfactory appearance of the site in the interests of visual amenity.

Pla/63/09/19 Planning Application No. 19/0428, Retrospective change of use of agricultural land to petting zoo and siting of stables/field shelters, Ullswater Heights Holiday Home and Lodge Park, Silver Howe, Flusco, Newbiggin Stainton

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

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

Approved Plans

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

i) Application form received 17 June 2019 ii) Location plan received 14 August 2019 iii) Block plan received 11 August 2019 iv) Elevations and floor plans of buildings 1 - 5 received 29 August 2019

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

Pre-Occupancy or Other Stage Conditions

2. The Petting Zoo hereby approved shall only be operational in association with the holiday park currently known as Ullswater Heights Holiday Home and Lodge Park, Flusco. Should the holiday park cease operations then the Petting Zoo shall be fully discontinued.

Reason: In order to define the permission.

Pla/64/09/19 Planning Application No. 18/0286, Retrospective variation of condition 1 (plans compliance) to include addition of a (bedroom) window to north elevation attached to approval 16/1116 (as revised), Poppy house, Temple Sowerby

Councillor Harker left the meeting at 11:26am.

The Committee received a presentation from Mr Kavanagh, an objector, in objection to the application.

Councillor Nicolson left the meeting at 11.57am.

Proposed by Councillor Sawrey-Cookson Seconded by Councillor Simpkins that planning permission be REFUSED on the grounds of loss of privacy and amenity through overlooking neighbouring properity. The visual appearance of the building would be significantly altered by the addition of a glazed window.

For: 2 Against: 6

The motion therefore FELL.

Proposed by Councillor Thompson Seconded by Councillor Sawrey-Cookson and RESOLVED that delegated power be given to the Assistant Director Planning and Economic Development to agree a variation to a condition regarding the opening and glazing of the window, and that planning permission be granted subject to the following conditions/for the following reasons, plus the addition of the condition regarding opening and glazing the window.

Approved Plans 1. The development hereby granted shall be carried out in accordance with the drawings hereby approved:

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i) Site location and block layout Plan, Drawing Ref No 1 as dated received by the Local Planning Authority on the 17 April 2019.

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

Pla/65/09/19 Planning Application No. 19/0202, Change of use of commercial premises to four self contained residential units, as revised, 1-2 Little Dockray, Penrith

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

Proposed by Councillor Thompson Seconded by Councillor Sawrey-Cookson and RESOLVED that planning permission be Approved subject to the following conditions: 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. Site location and block plans, drawing Ref Nos 1856 EX 300/1 Revs A, as dated received by the Local Planning Authority on the 19th March 2019. ii. Existing and Proposed Ground Floor Plans and Layout, drawing Ref No 1856 F 300 Rev A, as dated received by the Local Planning Authority on the 19th March 2019. iii. Existing and Proposed elevations, drawing Ref No 1856 EX 500 Rev A, as dated received by the Local Planning Authority on the 19th March 2019. iv. Proposed First and Second Floor Plans and layout, drawing Ref No 1856 F 301 Rev A, as dated received by the Local Planning Authority on the 19th March 2019. Reason: To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission. 3. Before the development hereby approved commences a scheme of sound insulation shall be submitted to and approved in writing by the local planning authority. The scheme shall be designed following the completion of a noise survey undertaken by a competent person. The scheme shall take account of the need to provide adequate ventilation, which may be by mechanical or passive means and shall be designed to achieve the following criteria with the ventilation operating:

Bedrooms 30 dB LAeq (8 Hours) (2300 hrs – 0700 hrs) Living rooms 35 dB LAeq (16 Hours) (0700 hrs – 2300 hrs)

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All Habitable Rooms 45 dB LAmax – Not exceeded more than ten times during the period 23:00 to 07:00 hrs.

Before the development is occupied the scheme shall be validated by a competent person and a validation report submitted to and approved in writing by the local planning authority. Reason: To secure a satisfactory form of development on the site and in the interests of amenity.

Pla/66/09/19 Confirmation of Site Visits (if any)

There were no site visits confirmed at this meeting.

Pla/67/09/19 Any Other Items which the Chairman decides are urgent

No items of urgent business were raised at this meeting.

Pla/68/09/19 Date of Next Meeting

The date of the next scheduled meeting was confirmed as 17 October 2019.

The meeting closed at 12.23 pm

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9 This page is intentionally left blank PLANNING COMMITTEE Agenda Item No. APPLICATIONS DETERMINED UNDER OFFICER DELEGATED POWERS FOR THE MONTH OF AUGUST 2019

App No App Type Parish Description Location Applicant Decision

18/0789 Reserved by Langwathby Discharge of conditions 3 (lighting) and 4 (noise) HIGH BARN COTTAGE, EDENHALL, Mr Holden-Hindley APPROVED Cond attached to approval 18/0136. PENRITH, CA11 8SS

18/1008 Full Application Penrith Erection of 4 detatched dwellings and a building FORMER CARE HOME, BEACON Mr R Thorburn APPROVED containing 2 three storey dwellings and 2 apartments EDGE, PENRITH, CA11 8BN with associated access and car parking.

19/0090 Full Application Sockbridge & Extension and renovation. Re-submission of 17/1083. THE MEETING HOUSE QUAKERS Mr I Graham APPROVED Tirril LANE, SOCKBRIDGE, PENRITH, CA10 2JR

19/0102 Listed Building Sockbridge & Listed building consent for extension and alterations. THE MEETING HOUSE, QUAKERS Mr I Graham APPROVED Tirril LANE, SOCKBRIDGE, PENRITH, CA10 2JR

19/0131 Full Application Long Marton Erection of 2 no. agricultural buildings and SITE ADJACENT TO BUILDINGS Northern Trading Ltd APPROVED associated access and hardstanding. ASSOCIATED BIRKS MILL, LONG MARTON, APPLEBY, CA16 6BU

19/0231 Full Application Long Marton Change of use from a commercial unit to a wedding PARK HOUSE, LONG MARTON, Morphet APPROVED venue and a car park. APPLEBY, CA16 6BY

19/0265 Full Application Lazonby Conversion and renovation of an existing barn into TOWN FOOT FARM, LAZONBY, Mr & Mrs Ives-Armitage APPROVED one residential dwelling. PENRITH, CA10 1BL

19/0273 Full Application Penrith Ground floor office extension. PENRITH AFC, FRENCHFIELD Penrith AFC APPROVED PARK, PENRITH, CA11 8UU

19/0313 Full Application Alston Change of use from hostel to single residential COCKABUNDEE COTTAGE, HIGH Mr Williams APPROVED dwelling. LOANING HEAD, GARRIGILL, ALSTON, CA9 3EY

19/0372 Full Application Dacre Demolition of existing lean to structures, alteration to BELLE VUE, GREYSTOKE, Mr & Mrs Place APPROVED Minute Item Pla/59/09/19 existing farmhouse to include and extension, PENRITH, CA11 0UQ conversion of adjoining barn area and change of use of adjoining agricultural land to garden.

19/0388 Full Application Kirkoswald Alterations and conversion of redundant barn to a BARN ADJ SADDLE HOUSE, BUSK, Mr G Brooks APPROVED dwelling and creation of car parking space RENWICK, PENRITH, CA10 1LA

19/0390 Full Application Penrith Replacement of existing kitchen extension with 2 9 CARLETON ROAD, PENRITH, Mr Dunn APPROVED Page 11 Page storey rear and side extension. CA11 8JN

06 September 2019 Page 1 of 7 Page 12 Page App No App Type Parish Description Location Applicant Decision

19/0392 Full Application Dacre Variation of condition 2 (plans compliance) To ULLSWATER HEIGHTS HOLIDAY Leisure Resorts Ltd APPROVED include layout and design, and discharge of condition HOME & LODGE PARK, FLUSCO, 10 (materials and colour of caravans/lodges), 16 PENRITH, CA11 0JB (hard and Soft landscaping works) and 17, (external lighting) attached to approval 09/0190.

19/0394 Full Application Alston New porch. GARRIGILL HOUSE, GARRIGILL, Mr B Hollobone APPROVED ALSTON, CA9 3DS

19/0396 Full Application Alston Proposed installation of additional first floor window MOORDALE VIEW, GARRIGILL, Ms F Gifford APPROVED in gable end, south facing. ALSTON, CA9 3EB

19/0398 Full Application Warcop Retrospective installation of biomass boiler. BIRKS FARMHOUSE, MASK ROAD, Mr T Dunne APPROVED BLEATARN, APPLEBY-IN- WESTMORLAND, CA16 6PZ

19/0399 Full Application Lazonby To install a packaged sewage treatment plant for the BRACKENBANK BOARDING Mr T Mitchell - Dogs APPROVED treatment and disposal of dog and human waste. KENNELS, LAZONBY, PENRITH, Trust Ltd. CA10 1AX

19/0402 Listed Building Kirkoswald Listed Building Consent for alterations and BARN ADJACENT SADDLE HOUSE, Mr G Brooks APPROVED conversion of redundant barn to dwelling. BUSK, RENWICK, PENRITH, CA10 1LA

19/0405 Full Application Newby Roof over existing dry muck storage area. LAND AT NEWBY END FARM, Mr T.W & C.M Skelton APPROVED NEWBY, PENRITH, CA10 3EX

19/0406 Full Application Culgaith Part retrospective erection of a 2.75m nettings fence HELMWINDS, CULGAITH, PENRITH, Mr & Mrs Pallister APPROVED to a tennis court. CA10 1QT

19/0407 Advertisement Penrith Advertisement consent for one fascia sign with LED 5 ANGEL SQUARE, PENRITH, CA11 Vodafone UK - Mr D APPROVED illuminated lettering, one non-illuminated projecting 7BT Bennett sign and digital media screen in shopfront.

19/0410 Listed Building Penrith Listed building consent for part retrospective internal 9 QUEEN STREET, PENRITH, CA11 Mr R Duo APPROVED and external alterations. 7XF

19/0411 Full Application Penrith Two storey side extension, single storey front 24 EDEN MOUNT, PENRITH, CA11 Mr & Mrs B Dodsworth APPROVED extension and decking to the rear of the property. 8HF

19/0414 Full Application Sockbridge & Retrospective application for insertion of flue to 11 THORPEFIELD, SOCKBRIDGE, Mr J Jackson APPROVED Tirril detached garage roof to serve woodburning stove. PENRITH, CA10 2JN

19/0421 Full Application Penrith Replacement of existing structure and lean-to ENTERPRISE RENT-A-CAR, Enterprise Holdings - APPROVED carwash with modular building and 1 vehicle carwash HAYTONS GARAGE, Mr P Cummins bay. HAWESWATER ROAD, PENRITH, CA11 9EU

06 September 2019 Page 2 of 7 App No App Type Parish Description Location Applicant Decision

19/0422 Advertisement Penrith Advertisement consent for 3 internally illuminated ENTERPRISE RENT-A-CAR, Enterprise Holdings - APPROVED fascia signs. HAYTONS GARAGE, Mr Peter Cummins HAWESWATER ROAD, PENRITH, CA11 9EU

19/0424 Full Application Dacre Concrete extension to existing turning and loading MEG BANK FARM, STAINTON, North Lakes Free APPROVED area, including relocating bank and new planting. PENRITH, CA11 0EE Range Eggs

19/0427 Full Application Hesket Variation of Condition 2 (plans compliance) for a MELLGUARDS FARM, Hayton Agriculture - Mr APPROVED reduction of 4 bays to 2, one having a mono pitched SOUTHWAITE, , CA4 0LE Harrison roof in lieu of a gable end attached to approval 17/0977.

19/0429 Reserved by Murton Discharge of condition 3 (surface water drainage) LANGTON FIELD, APPLEBY-IN- Mr J Bell APPROVED Cond attached to approval 18/0864. WESTMORLAND, CA16 6JG

19/0430 Outline Cliburn Outline application for one dwelling with all matters HIGHWAYS, STATION ROAD, Mr P Terry REFUSED Application reserved. CLIBURN, PENRITH, CA10 3AE

19/0432 Full Application Alston Removal of condition 2 (period of use of site) HUDGILL CARAVAN PARK, Mr T Fletcher APPROVED attached to approval 81/0469. NENTHEAD ROAD, ALSTON, CA9 3LY

19/0435 Full Application Kirkoswald Variation of condition 2 (plans compliance) for ENNERDALE, RENWICK, PENRITH, Mr D R Little APPROVED removal of approved porch and addition of 2 porches CA10 1LA and single storey extension to front elevation.

19/0436 Advertisement Alston Advertisement consent for 1 part illuminated fascia COOPERATIVE SUPERMARKET, Co-op Food APPROVED sign, 1 illuminated logo sign and 4 non-illuminated MARKET PLACE, ALSTON, CA9 3HS Programme Delivery panel signs. Orchid Group

19/0437 Reserved Matters Culgaith Reserved matters application for appearance, LAND AT PEA FOOT, CULGAITH, RBTL Ltd APPROVED landscaping (including boundary treatment), layout PENRITH, and scale attached to approval 17/0664.

19/0438 Tree Works Appleby T43 Lime: 1) Crown raise to 5m annually; 2) Prune to BONGATE HOUSE, BONGATE, Mrs A Jeffs APPROVED (TPO) clear telephone wires by 1m annually; Tree APPLEBY-IN-WESTMORLAND, Preservation Order No 42, 1974, Appleby - Variation CA16 6UE Order No 1, 2002. Page 13 Page

06 September 2019 Page 3 of 7 Page 14 Page App No App Type Parish Description Location Applicant Decision

19/0439 Tree Works (CA) Penrith Crown reduce Ash T13; Remove epcormic growth ST CATHERINES RC SCHOOL, Angela Hill - Head APPROVED from Sycamore T15, Cherry T1 and Cotoneaster T4; DROVERS LANE, PENRITH, CA11 Teacher Formatively prune Maple T10 to crown raise; 9EL Remove Ash T12; Remove trunk growth from Purple Leaf Plum T2, Sycamore T15 and Silver Birch T16; Crown raise Cherry T1 and Cotoneaster T4; Crown clean Cherry T1, Purple Leaf Plum T2, Rowan T3, Cotoneaster T4, Whitebeam T5, Silver Birches T6, T7, T8, T9, Ashes T13, T14 and Sycamore T15; Maintain car park clearance from Ashes T13, T14; Remove branches from Whitebeam T5 as shown on marked up photograph provided; All work as detailed in British Standard 3998:2010; Penrith Conservation Area.

19/0444 Advertisement Penrith Advertisement consent for 2.no illuminated fascia 51 King Street, Penrith, CA11 7AY Mr P. Pringle APPROVED signs, 1 no. illuminated hanging sign, 1 no hand painted lettering sign, 5 no. vinyl text window signs, 1 no. vinyl sign

19/0445 Full Application Sockbridge & Proposed garage and minor design amendments to SITE ADJ WALMAR, CROFT HEAD, JIW Properties - Mr I APPROVED Tirril unit 5 of approval 19/0024. SOCKBRIDGE, PENRITH, Wilkinson

19/0446 Listed Building Penrith Listed Building consent for replacement signage, 51 KING STREET, PENRITH, CA11 Star Pubs and Bars - APPROVED associated lighting and change to building colour. 7AY Mr P Pringle

19/0448 Full Application Penrith Extension of entrance area to accommodate disabled ULLSWATER HOUSE, DUKE 4Eden / Eden Mencap - APPROVED access. STREET, PENRITH, CA11 7LY Mrs J Taylor

19/0449 Full Application Brougham Proposed remote house keeping hub. CENTER PARCS HOLIDAY Center Parcs APPROVED VILLAGE, TEMPLE SOWERBY, (Operating Co) Ltd - Mr PENRITH, P Kent

19/0457 Full Application Morland Proposed stone built garden room. THE OLD POTTING SHED, Mr & Mrs Skelton APPROVED MORLAND, PENRITH, CA10 3AX

19/0459 Full Application Penrith Change of use of office (B1) to beauty and hair salon 4 ST ANDREWS CHURCHYARD, Miss P Bell APPROVED (sui generis). PENRITH, CA11 7YE

19/0462 Full Application Long Marton Proposed conversion and extension of a domestic BROOMFIELD, KNOCK, APPLEBY- Mr S Charlton & & Mrs APPROVED storage building to create a market led dwelling. Re- IN-WESTMORLAND, CA16 6DN J Allison Submission of 18/0478.

19/0472 Full Application Penrith Retrospective application for replacement porch with G R ARCHITECTS, 97 LOWTHER Mr & Mrs G Rae APPROVED garden room. STREET, PENRITH, CA11 7UW

19/0473 Full Application Yanwath & Variation of condition 2 (plans compliance) to include ASHBANK, EAMONT BRIDGE, Mr J Heath APPROVED Eamont Bridge amendments to design attached to approval 17/0093. PENRITH, CA10 2BY

06 September 2019 Page 4 of 7 App No App Type Parish Description Location Applicant Decision

19/0476 Full Application Glassonby Change of use of land to allow outdoor activities and LAND AT MAUGHANBY FARM, Messrs Rowley APPROVED camping with associated buildings including cabins, LITTLE SALKELD, PENRITH, CA10 toilet/shower blocks, food/drink area, storage shed, 1NP treehouses, a package treatment plant and soakaway (part retrospective).

19/0478 Listed Building Appleby Listed Building Consent for alterations to chimney, 17 DOOMGATE, APPLEBY-IN- Mr L Lockwood APPROVED insertion of conservation roof windows, alterations to WESTMORLAND, CA16 6RB existing windows, paint gables, internal bathroom alterations, additional extraction fan in roof on front elevation.

19/0481 Full Application Sockbridge & Single storey rear extension. GREYSTONE, TIRRIL, PENRITH, Ms J Trueick APPROVED Tirril CA10 2JF

19/0482 Listed Building Sockbridge & Listed Building consent for single storey rear GREYSTONE, TIRRIL, PENRITH, Ms J Trueick APPROVED Tirril extension. CA10 2JF

19/0486 Non-Material Clifton Non Material Amendment comprising of change in CLIFTON YARD, CLIFTON MOOR, AW Jenkinson APPROVED Amend finish of ground floor from block finish to timber CLIFTON, PENRITH, CA10 2EY cladding attached to approval 17/0633.

19/0489 Tree Works Penrith Fell mature Birch tree in Area 1; Reason: The tree NEWTON HOUSE, NEWTON ROAD, Mr James Grinbergs - APPROVED (TPO) requires the removal of a large co-dominant stem to PENRITH, CA11 9EE Atkinson Building facilitate the approved development under 18/0913, Contractors this will result in a very large wound and leave the tree unbalanced, therefore removal and replacement is an appropriate course of action as agreed with the Council Arbiculturist on site 27/6/19; Tree Preservation Order 191, 2018, Newton House, Penrith.

19/0493 Tree Works (CA) Penrith T1 Lime: Remove epicormic shoots from stem of tree LOW OUTWOOD ARTHUR STREET, Mr C Shepherd APPROVED to the height of the main canopy (Approximately 4m); PENRITH, CA11 7TX Penrith New Streets Conservation Area.

19/0502 Tree Works (CA) Penrith T1 and T2 Fir trees: Fell trees as they have started to LONSDALE VILLA, FELL LANE, Mr David Stobart APPROVED block light into the property and T1 is becoming a PENRITH, CA11 8AA concern around the entrance / exit of the garage; Penrith New Streets Conservation Area.

19/0511 Notice of Intention Alston General purpose agricultural building. LOW GALLIGILL, NENTHEAD, Oliver APPROVED ALSTON, CA9 3LW Page 15 Page

06 September 2019 Page 5 of 7 Page 16 Page App No App Type Parish Description Location Applicant Decision

19/0516 Tree Works Clifton Fell Maple tree due to structural and physiological 11 CUMBERLAND CLOSE, Mr Mossop APPROVED (TPO) concerns; Reasons: Tree is multi-stemmed and one CLIFTON, PENRITH, CA10 2EN of the three large scaffold limbs has lost virtually all leaf area and is displaying heavy bark loss with deadwood decay fungi at the base; Evidence of inclusion and reaction wood but the failed stem has clear and significant cambium loss; Evidence of previous branch failure; Multiple targets including A6, live overhead wires, residential properties and footpath; Dynamics and loading already changing in live crown due to failing scaffold branch; Photographs provided with application; Tree Preservation Order No 47, 1992, Cumberland Close, Clifton.

19/0520 Tree Works (CA) Penrith T1 and T2 Willow: Reduce height by pruning back to FAIRWAY, ARTHUR STREET, Mr Andrew Nicol APPROVED previous pruning points; Prune to give clearance to PENRITH, CA11 7TX overhead BT wires and away from garden buildings; Penrith New Streets Conservation Area.

19/0525 Notice of Intention Little Strickland Proposed agricultural building. BLANDS FARM, GREAT Messrs Powley APPROVED STRICKLAND, PENRITH, CA10 3DU

19/0526 Tree Works (CA) Alston T1 Larch: Fell tree in back garden as it is too large GRANGE HOUSE, TOWNHEAD, Mrs Patricia Gundrey APPROVED for garden and growing too close to neighbour's ALSTON, CA9 3SL house; T2 Ash: Fell tree in back garden because it is too close to house and danger of it undermining property; Alston Conservation Area.

19/0532 Notice of Intention Hutton Proposed Agricultural Building. SPEDDING FARM, PENRUDDOCK, Mr B Davidson APPROVED PENRITH, CA11 0RT

19/0535 Non-Material Kirkoswald Non Material Amendment comprising of change of LAND OPPOSITE BUSK RIGG Mr G Brooks APPROVED Amend roof material from slate to grey marley roof tiles FARM, BUSK, RENWICK, PENRITH, attached to approval 19/0240. CA10 1LA

19/0538 Notice of Intention Mungrisdale Proposed agricultural building. NOBLES FARM, BERRIER, Mr P Cartmel APPROVED PENRITH, CA11 0XD

19/0546 Tree Works Appleby Remove Monkey Puzzle tree from front garden; Two THE ARMOURY, HOLME STREET, Mr Maurice Bailey APPROVED (TPO) thirds of the crown has browned off and tree is not APPLEBY-IN-WESTMORLAND, likely to recover; Condition of tree confirmed by Rob CA16 6QU Sim (Arboriculturist); Tree Preservation Order No: 74, 1996, The Armoury, Holme Street, Appleby.

19/0550 Notice of Intention Ainstable Proposed leanto extension to existing agricultural FARSHIELDS, AINSTABLE, Mr A Fawcett APPROVED shed. CARLISLE, CA4 9RF

06 September 2019 Page 6 of 7 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

06 September 2019 Page 7 of 7 This page is intentionally left blank

Notice of Decision

Carriage Return

To: Mr P Terry Mansion House, Penrith, Cumbria CA11 7YG 3 Woodville Terrace Tel: 01768 817817 Shap Penrith CA10 3PL

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

Application No: 19/0430 On Behalf Of: Mr P Terry

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 application for one dwelling with all matters reserved. Location: HIGHWAYS STATION ROAD CLIBURN PENRITH CA10 3AE

The reasons for this decision are:

1) The application site is considered to stand apart from the village of Cliburn, and the proposal is therefore for new residential development in the countryside. New dwellings in the countryside (in the Rural Areas outside the Key Hubs and Villages and Hamlets) are permitted by Eden Local Plan Policy LS1 only where they involve the conversion of an existing building, or where affordable housing is proposed as an exception to policy, or where the proposal accords with other policies in the Local Plan. The dwelling would not meet the criteria of this or any other policy in the Local Plan, or the exceptions set out in Paragraph 79 of the National Planning Policy Framework, which might justify on an exceptional basis a new dwelling in the countryside. The application does not justify why the needs of the applicant’s family could not reasonably be provided in an existing settlement, and therefore the proposal is contrary to Policy LS1 of the Local Plan and Paragraph 79 of the National Planning Policy Framework.

2) The development of a single dwelling would make only a very limited contribution to the Council’s statutory obligations with regard to self and custom build development. As such, the benefits of the proposed self-build development cannot reasonably be said to outweigh the harm resulting from the development of a dwelling in such an unsustainable location.

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

Date of Decision: 20 August 2019

Signed:

Oliver Shimell LLB Assistant Director Planning and Economic Development

www.eden.gov.uk 2 Page 20