(Public Pack)Minutes Document for Planning Committee, 18/02/2016
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Eden District Council Planning Committee Minutes Date: 18 February 2016 Venue: Council Chamber, Town Hall, Penrith Time: 9.40 am Present: Chairman: Councillor W Patterson Vice Chairman: Councillor J G Thompson Councillors: A Armstrong Mrs V Kendall I Chambers J C Lynch Miss M Clark Mrs E Martin D Holden H Sawrey-Cookson Standing Deputies: Councillor M Eyles Officers Present: Gwyn Clark, Head of Planning Services Lisa Tremble, Legal Services Democratic Services Officer: John Greenbank Pla/194/02/16 Apologies for Absence Apologies for absence were received from Councillor J Tompkins, Councillor M Eyles attended as a substitute. Pla/195/02/16 Minutes RESOLVED that; the public minutes Pla/173/01/16 to Pla/175/01/16 of the special meeting of this Committee held on 21 January 2016 and the public minutes Pla/175/01/16 to Pla/190/01/16 of the meeting of this Committee held on 21 January 2016 be confirmed and signed by the Chairman as a correct record of those proceedings. Pla/196/02/16 Declarations of Interest 1. All Members declared a registerable but non-pecuniary interest in that they had been lobbied regarding the applications relating to Eden Grove, Bolton. 2. Councillor J Thompson declared a registerable but non-pecuniary interest in planning application 15/0606, as the applicant was a former Eden District Councillor and was known to him. 1 3. Councillor M Eyles and Councillor J Lynch declared a registerable but non-pecuniary interest in planning application 08/0291, as part of the application site was within their ward. Pla/197/02/16 Appeal Decision Letters The Planning Committee considered report CD17/16 of the Head of Planning services which detailed the decision letters received since its last meeting. Application Applicant Appeal Decision Number(s) 15/0001 Mr I Davidson The appeal is Land West of Station Road, allowed and Penruddock, Cumbria, CA11 0RR approval is granted. The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant approval required under Schedule 2, Part 3, Class Q of the Town and Country Planning (General Permitted Development) (England) Order 2015. The development proposed is the change of use of an agricultural building to a dwellinghouse with associated operational development. 14/0919 Mr P Montgomerie The appeal is Land to rear of Lilacs, Lazonby, allowed and Penrith, Cumbria, CA10 1AQ outline planning permission is The appeal is made under section granted. 78 of the Town and Country Planning Act 1990 against a refusal to grant outline planning permission. The development proposed is 5 houses. RESOLVED that the report be noted. Pla/198/02/16 Planning Issues RESOLVED that: 1. Applications determined under officer delegated powers for the month of January 2016 (attached to these minutes as Appendix 1) 2 2. Reasons for refusal on delegated decisions for the month of January 2016 (attached to these minutes as Appendix 2) be noted. Pla/199/02/16 Planning Issues - Applications for Debate (Green Papers) The Committee was advised of the applications requiring a decision by Members as detailed in a report of the Head of Planning 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 Head of Planning Services 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/200/02/16 Conversion of buildings to residential use and construction of new dwellings to provide 35 units on site, Eden Grove, Bolton, Eden Grove Investment Properties Ltd (Planning Application 15/0728) The Committee received a presentation from Mr P Griffiths, Chairman of Bolton Parish Council, objecting to the application. The Committee received a presentation from Mr R Bird objecting to the application. Councillor Mrs J Raine, as Ward Member, addressed the Committee objecting to the application. The Committee received a presentation rom Mr L Donnelly, the agent, in support of the application. RESOLVED that the Members be MINDED TO REFUSE the application on the grounds that it was contrary to the NPPF and CS1, 2, 4, 17 and 18 of the Core Strategy, did not provide amenity to or enhance the application site. Members and the public were informed that the application would be considered further at a future meeting of the Committee. 3 Pla/201/02/16 Proposed refrubishment of gatehouse and (Lodge) bungalow to form two independent dwellings and one new build bungalow, Eden Grove, Bolton, Eden Grove Investment Properties Ltd (Planning Application 15/0633) The Committee received a presentation from Mr A McVitie, a local resident, objecting to the application. The Committee received a presentation from Mr L Donnelly, the agent, supporting the application. Members considered application 15/0633 regarding the proposed refurbishment of gatehouse and (Lodge) bungalow to form two independent dwellings and one new build bungalow at Eden Grove, Bolton. Moved by Councillor J Thompson Seconded by Councillor E Martin That the recommendations contained within the report be approved A vote was taken: For - 8 Against – 1 Councillor Mrs V Kendall asked that her abstention be noted. RESOLVED that; Delegated powers be granted to the Head of Planning Services to grant planning permission following the receipt of a Unilateral Planning Obligation in relation to a 3% contribution to housing and subject to the following conditions: 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. 2) The development hereby granted shall be carried out strictly in accordance with the revised details and plans hereby approved (Drawing Numbers P-01(B), P-05(A), P-02(B), P- 06, P-03, P-07(A), P-04 & P-08(A) dated as received on 21 September 2015. Reason: To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission. 3) No development shall commence within the site until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Local Planning Authority. The written scheme will include the following components: 4 i) An archaeological evaluation. ii) An archaeological recording programme, the scope of which will be dependent upon the results of the evaluation. iii) Where significant archaeological remains are revealed by the programme of archaeological work, a post-excavation assessment and analysis, preparation of a site archive ready for deposition at a store approved by the Local Planning Authority, completion of an archive report, and submission of the results for publication in a suitable journal. Reason: To afford reasonable opportunity for an examination to be made to determine the existence of any remains of archaeological interest within the site and for the preservation, examination or recording of such remains. 4) Foul and surface water shall be drained on separate systems. Reason: To secure proper drainage and to manage the risk of flooding and pollution. 5) Prior to the commencement of any development, a surface water drainage scheme, based on the hierarchy of drainage options in the National Planning Practice Guidance with evidence of an assessment of the site conditions (inclusive of how the scheme shall be managed after completion) shall be submitted to and approved in writing by the Local Planning Authority. The surface water drainage scheme must be in accordance with the Non-Statutory Technical Standards for Sustainable Drainage Systems (March 2015) or any subsequent replacement national standards and unless otherwise agreed in writing by the Local Planning Authority, no surface water shall discharge to the public sewerage system either directly or indirectly. The development shall be completed, maintained and managed in accordance with the approved details. Reason: To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution. This condition is imposed in light of policies within the NPPF and NPPG. 6) The proposed development shall be carried out wholly in accordance the conclusions and recommendations of the Phase 1 Habitat Survey report by JCA Limited received on 14 July 2015 and the JCA Ltd Bat Survey and Report, dated as received on 24 September 2015). Reason: to ensure the proposed development does not have a significant adverse impact on biodiversity within the vicinity. 7) All works to be carried out in proximity to trees to be retained shall be undertaken in accordance with the details and recommendations contained within the TPM Tree Survey Report, dated as received on 14 July 2015, and revised site and plan drawings as dated received on 21 September 2015. Reason: In order to secure a satisfactory form of development on the site. 5 8) Prior to the first occupation of any dwelling hereby approved or the completion of development, whichever the soonest, details and a programme of additional planting to the southwest boundary shall be submitted to and approved in writing by the Local Planning Authority.