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Resources Legal and Democratic Services The Lonsdale Building The Courts Carlisle Cumbria CA3 8NA Fax 01228 226372 Tel 01228 606060 Email [email protected] 11 October 2013 To: The Chair and Members of the Development Control and Regulation Committee Agenda DEVELOPMENT CONTROL AND REGULATION COMMITTEE A meeting of the Development Control and Regulation Committee will be held as follows: Date: Friday 18 October 2013 Time: 11.00 am Place: Council Chamber - County Offices, Kendal, LA9 4RQ Caroline Elwood Acting Assistant Director – Legal and Democratic Services Group Meetings: Labour: 10.15am Committee Room 1 Conservative: 10.00am Committee Room 2 Liberal Democrat: 10.00am Committee Room 4 Enquiries and requests for supporting papers to: Janine Hounslow Direct Line: 01228 226906 Email: [email protected] This agenda is available on request in alternative formats Serving the People of Cumbria 1 MEMBERSHIP Labour ( 8) Conservative ( 6) Liberal Democrat ( 3) Mr I Stockdale (Chair) Mr LN Fisher (Vice-Chair) Mr N Cotton Mr A Clark Mr RK Bingham Mrs BC Gray Mr KR Hamilton Mrs HF Carrick Mr J McCreesh Mr G Humes Mr AJ Markley Mr FI Morgan Mr AP Richardson Mr W Whalen Mr A Toole Mr E Wilson Mr H Wormstrup West Cumbria Independent (1) Mr JS Holliday ACCESS TO INFORMATION Agenda and Reports Copies of the agenda and Part I reports are available for members of the public to inspect prior to the meeting. Copies will also be available at the meeting. The agenda and Part I reports are also available on the County Council’s website – http://councilportal.cumbria.gov.uk/ieListMeetings.aspx?CId=124&Year=0 Background Papers Requests for the background papers to the Part I reports, excluding those papers that contain exempt information, can be made to the Legal and Democratic Services Unit at the address overleaf between the hours of 9.00 am and 4.30 pm, Monday to Friday. 2 A G E N D A PART 1: ITEMS LIKELY TO BE CONSIDERED IN THE PRESENCE OF THE PRESS AND PUBLIC 1 APOLOGIES FOR ABSENC E To receive any apologies for absence. 2 CHANGES IN MEMBERSHI P To note any changes in membership. 3 DISCLOSURES OF INTER EST Members are invited to disclose any disclosable pecuniary interest they have in any item on the agenda which comprises 1 Details of any employment, office, trade, profession or vocation carried on for profit or gain. 2 Details of any payment or provision of any other financial benefit (other than from the authority) made or provided within the relevant period in respect of any expenses incurred by you in carrying out duties as a member, or towards your election expenses. (This includes any payment or financial benefit from a trade union within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992. 3 Details of any contract which is made between you (or a body in which you have a beneficial interest) and the authority (a) Under which goods or services are to be provided or works are to be executed; and (b) Which has not been fully discharged. 4 Details of any beneficial interest in land which is within the area of the authority. 5 Details of any licence (alone or jointly with others) to occupy land in the area of the authority for a month or longer. 6 Details of any tenancy where (to your knowledge) (a) The landlord is the authority; and (b) The tenant is a body in which you have a beneficial interest. 7 Details of any beneficial interest in securities of a body where 3 (a) That body (to your knowledge) has a place of business or land in the area of the authority; and (b) Either – (i) The total nominal value of the securities exceeds £25,000 or one hundredth of the total issued share capital of that body; or (ii) If that share capital of that body is of more than one class, the total nominal value of the shares of any one class in which the relevant person has a beneficial interest exceeds one hundredth of the total issued share capital of that class. In addition, you must also disclose other non-pecuniary interests set out in the Code of Conduct where these have not already been registered. Note A “disclosable pecuniary interest” is an interest of a councillor or their partner (which means spouse or civil partner, a person with whom they are living as husband or wife, or a person with whom they are living as if they are civil partners). 4 EXCLUSION OF PRESS A ND PUBLIC To consider whether the press and public should be excluded from the meeting during consideration of any item on the agenda. 5 MINUTES To confirm as a correct record the Minutes of a meeting held on 4 September 2013 and the Minutes of a special meeting held on 24 September 2013 (copies enclosed). a 4 September 2013 (Pages 1 - 6) b 24 September 2013 (Pages 7 - 12) 6 WILDLIFE AND COUNTRY SIDE ACT 1981 - SECTION 53 PROPOSAL TO DELETE A SECTION OF PUBLIC FOOTPATH NO 138044 AT COTEHILL IN THE PARISH OF WETHERAL, DISTRICT OF CARLISLE [Electoral Division: Wetheral] To consider a report from the Corporate Director – Environment (copy enclosed). This report informs members that an application has been received by the County Council to delete a section of public footpath no 138044 at Cotehill in the parish of Wetheral. (Pages 13 - 22) 4 7 REPORTS ON APPLICATI ONS FOR PLANNING PER MISSION These are applications which are determined by the County Council after taking into account the views of consultees and relevant representations. Applications in this category are prescribed by legislation. Private applications principally relate to minerals and waste management activities and associated development. County applications are developments which are to be carried out by the County Council itself or jointly with any other person. (Pages 23 - 24) a Planning Application No. 1/13/9020 Extensions to Infant School to provide 2 no. Classrooms. Extensions to Junior School to provide 2 no. Classrooms, learning resources area, 3 no. group rooms, staff room, PPA Rooms, Site Manager's Office and associated stores. Amendments to extend playground areas. Amendments to provided additional parking spaces. Kingmoor Junior and Infant Schools, Hether Drive/Liddle Close, Lowry Hill, Carlisle (Pages 25 - 46) b Planning Application No. 2/12/9011 Erection and operation of 4 wind turbines to maximum height of 99 metres and associated infrastructure. New access track, widening of access gate and new control kiosk. Lillyhall Landfill Site, Joseph Noble Road, Lillyhall Industrial Estate, Workington (Pages 47 - 98) c Planning Application No. 3/13/9008 Erection of a pumping station with associated access track with hammerhead turning area and improved permanent highway access (including hedge removal). On land to the north of Ashleigh, Catterlen (Pages 99 - 110) d Planning Application No. 3/13/9009 Construction of a Wastewater Treatment Works (including removal of trees and hedgerow) on land south-east of Town End Cottage, Laithes (Pages 111 - 122) e Planning Application No. 3/13/9010 Erection of a new outfall into the River Petteril, on land south of the C3010 and Town End Cottage, Laithes (Pages 123 - 128) f Planning Application No. 4/13/9007 Temporary storage of excess materials from nearby residential development comprising of Anhydrite and slag. Former TDG Tanker Depot, High Road, Whitehaven, CA28 9QJ (Pages 129 - 136) g Planning Application No. 4/13/9008 S73 Application for the variation of Conditions of Planning Consent 4/06/9016 relating to the Decommissioning of PCM Retrieval facilities. Low Level Waste Repository Ltd, Old Shore Road, Drigg, Seascale, Cumbria, CA19 1XH (Pages 137 - 146) h Planning Application No. 6/13/9001 Retrospective Planning Application to Reconstruct Existing Farm Access Track and Deposition of Recycled Inert Waste to Embankments and Landfill. Land to North of Sowerby Lodge Farm, Bank Lane, Barrow-in-Furness, LA14 4QY (Pages 147 - 172) 5 8 APPLICATIONS/CONSULT ATIONS DETERMINED UN DER DELEGATED POWERS [Electoral Divisions: Various] To receive a report from the Assistant Director – Planning and Sustainability (copy enclosed). To note that these are applications/consultations that have recently been determined by the Assistant Director – Planning and Sustainability in accordance with their schemes of delegation. (Pages 173 - 174) 9 APPLICATIONS/CONSULT ATIONS PROPOSED TO B E DETERMINED UNDER DELEGATED POWERS [Electoral Divisions: Various] To receive a report from the Assistant Director – Planning and Sustainability (copy enclosed). To note that these applications that have been submitted to the County Council but are not ready/appropriate for presentation to the Committee of for determination under delegated powers and/or have been recently withdrawn or determined as invalid or not requiring planning permission etc. (Pages 175 - 176) 10 APPLICATIONS TO BE C ONSIDERED AT FUTURE MEETINGS [Electoral Divisions: Various] To receive a report from the Assistant Director – Planning and Sustainability (copy enclosed). To note the list of outstanding planning applications. (Pages 177 - 178) 11 APPLICATIONS DETERMINED BUT AWAIT ING SIGNING OF LEGAL AGREEMENTS These are applications that have been granted by DCR committee, but for which a Decision Notice has not yet been issued as they are awaiting the sign off of legal agreements. (Pages 179 - 180) 12 REPORTS ON CONSULTAT IONS BY DISTRICT COU NCILS, NATIONAL PARK AUTHORITIES, ADJOINING PLANNING AUTHORITIES AND GOVERNMENT DEPARTMENTS, ETC. In accordance with the Town and Country Planning Act 1990, Schedule 1, paragraph 7, the County Council is consulted on those applications which are considered to fall within 6 the agreed Development Control Code of Practice for Cumbria. (Pages 181 - 182) a Planning Application No. 2/13/0519 Erection of 8 Wind Turbines With A Maximum Height To Blade Tip of 100m with Associated Ancillary Infrastructure, Control Building, Internal Access Tracks, Crane Pads and Temporary Site Compound/Storage Area.

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