Minutes Document for Planning Committee, 18/05/2017 13:00
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Eden District Council Planning Committee Minutes Date: 18 May 2017 Venue: Council Chamber, Town Hall, Penrith Time: 1.00 pm Present: Chairman: Councillor J G Thompson Vice Chairman: Councillor W Patterson Councillors: A Armstrong J C Lynch M Clark J Owen MBE M Eyles R Sealby D Holden H Sawrey-Cookson Standing Deputies: Councillor J Raine Officers Present: Nick Atkinson, Senior Planning Officer Ian Irwin, Senior Planning Officer David Rackstraw, Senior Solicitor David Wright, Planning Services Development Manager Democratic Services Officer: Lauren Rushen Pla/1/5/17 Apologies for Absence Apologies had been received from Councillor Chambers, Councillor Raine attended as a substitute. Pla/2/5/17 Appointment of Vice Chairman Moved by Councillor Sawrey-Cookson Seconded by Councillor Clark and RESOLVED that Councillor Patterson be elected Vice Chairman of the Planning Committee for the 2017-2018 Municipal Year. Pla/3/5/17 Declarations of Interest The following declarations of interest were made at this meeting: 1. Councillor Sawrey-Cookson declared a disclosable pecuniary interest in respect of application 17/0032 as he had a financial interests in the land. He stated he would withdraw from the meeting whilst this item was considered. 1 2. Councillor Holden made a personal explanation in relation to 17/0204 as the application was within her ward and she was a member of the Fairhill Community Group. 3. Councillor Eyles declared that he had been lobbied in respect of application 16/0962. 4. Councillor Patterson declared a disclosable pecuniary interest in respect of application 17/0180 as he was the applicant. He stated he would withdraw from the meeting whilst this item was considered. Pla/4/5/17 Appeal Decision Letters The Planning Committee considered report CD33/17 of the Assistant Director Technical Services which detailed decision letters received since the last meeting. Application Applicant Appeal Number(s) Decision 16/0685 Mr Adam McNally of Story Homes The appeal is Land of Scaur Lane, Lazonby allowed and planning The appeal is made under section 78 of permission the Town and Country Planning Act granted 1990 against a refusal to grant planning permission. The development proposed is stated on the application form as “retrospective full planning permission for retention of steps leading up to the seating area adjacent to Scaur Lane footway and to some privately owned driveways.” 16/0697 Mr Bates The appeal is Land at Pea Foot – adjacent ‘River allowed and Bend’, Culgaith, Penrith, Cumbria. planning permission The appeal is made under section 78 of granted the Town and Country Planning Act 1990 against a refusal to grant outline planning permission. The development proposed is a residential development (two dwellings). RESOLVED that the report be noted. Pla/5/5/17 Planning Issues RESOLVED that the attached lists of the Assistant Director Technical Services: a. Applications determined under office delegated powers for the month of April 2017 (attached as appendix 1 to these minutes) b. Reasons for refusal on delegated decisions for the month of April 2017 (attached as appendix 2 to these minutes) 2 be noted. Pla/6/5/17 Planning Performance The Planning Committee considered report CD31/17 of the Assistant Director Technical Services which provided Members with an overview of the performance of the planning service between April 2016 and March 2017 in relation to Key Performance Indicators, Planning Enforcement, future projects, the Emerging Local Plan and Building Control. Moved by Seconded by and RESOLVED that the content of the report be noted. Pla/7/5/17 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 Assistant Director Technical 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 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/8/5/17 Retrospective application for siting of caravan for use as a site office and provision of an access track in association with temporary clay pigeon shooting at Intack Farm, Southwaite (Planning Application No 16/1047) The Planning Services Development Manager introduced the item and stated that an additional condition had been recommended in relation to the development which was as follows: “5. Notwithstanding the approved plans within three months of the date of this planning permission a landscape scheme shall be submitted to and approved in 3 writing by the local planning authority. The approved scheme shall be implemented within 6 months of the scheme being approved and maintained thereafter. Reason: To ensure the satisfactory appearance of the site in the interests of visual amenity.” The Committee received a presentation from Mr Halfpenny objecting to the application. The Committee received a presentation from Councillor Wallace on behalf of St Cuthbert’s Without Parish Council objecting to the application. The Committee received a presentation from Mr Black and Mr Jamieson, the agents, in support of the application. Moved by Councillor Patterson Seconded by Councillor Lynch and it was RESOLVED that application be APPROVED subject to the following conditions: Approved Plans 1. The development hereby granted shall be carried out in accordance with the drawings hereby approved: i) Site Location Plan received 30 November 2016 Reason: To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission. Ongoing Conditions 2. The static caravan permitted shall be for a temporary period of two years from the date of this decision. On or before this date the static caravan shall be removed and the land restored to its former condition or a new consent applied for. Reason: In order to comply with the provisions of the Town and Country Planning Act 1990. 3. Notwithstanding the temporary nature of the Clay Pigeon Shooting, a bound register detailing the date of the event and the start and finish times shall be maintained at all times and shall be made available for inspection by the Local Planning Authority on request. Reason: To ensure the development complies with the Town and Country Planning (General Permitted Development) (England) Order 2015, Part 4. Class B - temporary use of land. 4. The static caravan shall be used in association with the temporary Clay Pigeon Shoot and for no other purpose including accommodation within Use Class C1 and C3 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 without the prior written permission of the Local Planning Authority obtained through the submission of a planning application. Reason: To define the consent. 5. Notwithstanding the approved plans within three months of the date of this planning permission a landscape scheme shall be submitted to and approved in writing by the local planning authority. The approved scheme shall be implemented within 6 months of the scheme being approved and maintained thereafter. Reason: To ensure the satisfactory appearance of the site in the interests of visual amenity.” 4 Pla/9/5/17 Discharge of condition 8 (suitable gateway feature) attached to application 15/0799 to go to committee at land adjacent to Salkeld Road, Penrith (Planning Application No 17/0204) The Planning Services Development Manager introduced the item and stated that new representations had been received from Cumbria County Council as the Highway Authority and from Penrith Town Council since the publication of the agenda. The Highways Authority had no objections to the application subject to the discharge of condition 8. Penrith Town Council had no objections to the application. Moved by Councillor Owen Seconded by Councillor Sealby and RESOLVED that by virtue of the details submitted with application 17/0204 condition 8 has been met and the application be APPROVED. The Chairman announced an adjournment at 2:35pm Councillor Lynch left the meeting at 2:35pm and did not return The meeting reconvened at 2:40pm Pla/10/5/17 Outline application for residential development with all matters reserved at Leith Close, Cliburn (Planning Application No 17/0235) The Committee received a presentation from Councillor Tonkin, the Ward Councillor, objecting to the application. The Committee received a presentation from Mr Addis, the agent, in support of the application. Moved by Councillor Raine Seconded by Councillor Sealby that the application be APPROVED A vote was taken and there were For the motion – 5 Against the motion – 5 The Chairman used their casting vote where upon it was RESOLVED that the application be APPROVED subject to the following conditions: Time Limit for Commencement 1. The development permitted shall be begun either before the expiration of three years from the date of this permission or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later. 5 Reason: In order to comply with the provisions of the Town and Country Planning Act 1990. 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.