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, . 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) () 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. Reason: In order to comply with the provisions of the Town and Country Planning Act 1990.

Approved Plans 3. The development hereby granted shall be carried out in accordance with the drawings hereby approved: i. Location Plan received 23 March 2017 Reason: To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.

On Going Conditions 4. No construction or building works shall be undertaken on Public or Bank Holidays, Sundays or outside the hours of 8:00 -1800 on Mondays to Fridays and 09:00 - 13:00 on Saturdays. Reason: To safeguard the amenities of neighbouring residents. 5. Foul and surface water shall be drained on separate systems. Reason: To secure proper drainage and to manage the risk of flooding and pollution.

Pre-commencement conditions 6. No development shall commence until detailed drawings showing the development and means of access thereto have been submitted to the Local Planning Authority for approval. Any such approved means of access shall be completed in accordance with the approved details before the development is occupied. Reason: In the interests of highway safety 7. Details of all measures to be taken by the applicant/developer to prevent surface water discharging onto or off the highway shall be submitted to the Local Planning Authority for approval prior to development being commenced. Any approved works shall be implemented prior to the development being completed and shall be maintained operational thereafter. Reason: In the interests of highway safety and environmental management 8. The use shall not be commenced until the access and parking requirements have been constructed in accordance with the approved plan. Any such access and or parking provision shall be retained and be capable of use when the development is completed and shall not be removed or altered without the prior consent of the Local Planning Authority. Reason: To ensure a minimum standard of access provision when the development is brought into use. 9. 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 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.

6 The development shall be completed in accordance with the approved details. Reason: To secure proper drainage and to manage the risk of flooding and pollution.

Pla/11/5/17 Part retrospective application to change the use of existing holding compound for cars to retail area for the sale of used cars. To over fence existing palisade fence with wood panelling and erect a dividing fence to the height of 2.4m to fit showroom windows in existing building to extend showroom area at the rear of the building at Hillcrest Garage, Penrith (Planning Application No 16/0962)

The Committee received a presentation from Councillor Taylor, the Ward Councillor, objecting to the application.

The Committee received a presentation from Mr Hayton, the applicant, in support of the application.

Moved by Councillor Eyles Seconded by Councillor Clark that the application be DEFERRED to allow for an additional lighting report to be undertaken and to establish whether the existing lights on the application site required planning permission

A vote was taken and there were: For the motion – 5 Against the motion – 5 the Chairman used their casting vote and the motion was lost.

Moved by Councillor Owen 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:

Approved Plans 1. The development hereby granted shall be carried out in accordance with the drawings hereby approved: i) Site Location Plan received 4th November 2016 ii) Site Layout Plan received 11th April 2017 iii) Drainage Plan received 31st October 2016 iv) Tarmac Area Plan received 31st October 2016 v) Fence/Gate/Canopy/Lighting Poles Plan received 31st October 2016 vi) 0911 PL 124A received 20th December 2016 vii) Out Door Lighting Report received 16th March 2017 viii)Drainage Installation Plan received 6th April 2017 ix) Canopy Plan received 31st October 2016

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

Ongoing Conditions

2. Foul and surface water shall be drained on separate systems. Reason: To secure proper drainage and to manage the risk of flooding and pollution. 3. Prior to the tarmacking of the rear of the site, shown hatched yellow on the Tarmac Area Plan received on the 31st October 2016, drainage details are to be submitted to and approved in writing by the Local Planning Authority. Reason: To ensure that adequate drainage of the site is carried out. 4. The automatic lights shall be dimmed to a maximum of 2 lux at 21:00 hours and shall not exceed 2 lux after 21:00 through until 08:00 hours the following morning and shall not exceed 10 lux at all other times. Reason: To protect the living conditions of nearby occupiers.

Councillor Sawrey-Cookson left the meeting prior to consideration of the next item as he had declared an interest.

Pla/12/5/17 Residential development with all matters reserved at land at Station Road, Newbiggin, Temple Sowerby (Planning Application No 17/0032)

The Senior Planning Officer introduced the application and stated that late representations had been received from the Highways Authority and the Lead Flood Authority. The Highways Authority stated that they had no objections to the application subject to revisions to conditions 7 and 8 of the application to read as follows:

7) Before any other operations are commenced, the new access shall be constructed in accordance with the approved plan, and shall be retained for its intended use thereafter. The area in advance of the visibility splays shall be maintained clear of obstructions, and no trees, bushes or other plants shall be planted or be permitted to grow to exceed 1m in height within the visibility splay.

8) The reserved matters application shall include details showing provisions within each dwelling site for parking and vehicular turning provision in accordance with Cumbria Parking Standards. The approved parking and turning areas shall be constructed before the associated dwelling is occupied and shall be kept available for those purposes at all times thereafter.

The Lead Flood Authority stated that they had no objections to the application subject to conditions.

The Committee received a presentation from Ms Dando objecting to the application.

Moved by Councillor Clark Seconded by Councillor Owen and RESOLVED that the application be APPROVED subject to the following conditions:

Time Limit for Commencement

8 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. 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. Reason: In order to comply with the provisions of the Town and Country Planning Act 1990.

Approved Plans 3. The development hereby granted shall be carried out in accordance with the drawings hereby approved: i. Location Plan dated 15 June 2012 ii. Retained Trees plan AMS TPP dated 9 January 2017 iii. Visibility Splay plan ref N81:2543 dated 16/03/17 Reason: To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.

Before the Development is Commenced 4. Prior to the commencement of development the entire root system of trees to be retained, as shown on the approved drawings, indicated by the spread of their branches, shall be protected by stout exclusion fencing until completion of the development. Reason: To prevent damage to the trees in the interest of the visual character and appearance of the area. The condition is considered necessary to be complied with pre-commencement as compliance with the requirements of the condition at a later time could result in unacceptable harm contrary to the policies of the Development Plan. 5. Prior to the commencement of development, details for how foul and surface water shall be drained on a separate system shall be submitted to the local planning authority and approved in writing. The development shall be completed in accordance with the approved details. Reason - In order to ensure a satisfactory drainage system for the site. The condition is considered necessary to be complied with pre-commencement as compliance with the requirements of the condition at a later time could result in unacceptable harm contrary to the policies of the Development Plan. 6. Prior to the commencement of development, a scheme for surface water and foul water drainage (inclusive of how the scheme shall be maintained and managed after completion) shall be submitted to and approved in writing by the Local Planning Authority. No part of the development shall be occupied until the drainage scheme has been constructed in accordance with the approved details. The development shall be completed, maintained and managed in accordance with the approved details. Reason - In order to ensure a satisfactory drainage system for the site. The is considered necessary to be complied with pre-commencement as compliance with the requirements of the condition at a later time could result in unacceptable harm contrary to the policies of the Development Plan. 7. Before any other operations are commenced, the new access shall be constructed in accordance with the approved plan, and shall be retained for its intended use thereafter. The area in advance of the visibility splays shall be maintained clear of

9 obstructions, and no trees, bushes or other plants shall be planted or be permitted to grow to exceed 1m in height within the visibility splay. 8. The reserved matters application shall include details showing provisions within each dwelling site for parking and vehicular turning provision in accordance with Cumbria Parking Standards. The approved parking and turning areas shall be constructed before the associated dwelling is occupied and shall be kept available for those purposes at all times thereafter. 9. No development shall take place 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 in writing by the Local Planning Authority. Reason – To safeguard the special archaeological interest of the site. 10. The development shall take place in accordance with the recommendations of the Arboricultural Method Statement submitted with the application and carried out by AllAboutTrees Reason – In order to preserve the Arboricultural interest of the site 11. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking, re-enacting or modifying that Order with or without modification), no development permitted by Part 1 of Schedule 2 to the Order shall be carried out without the express permission of the Council in writing. Reason: To prevent the overdevelopment of the site

Councillor Sawrey-Cookson returned to the meeting at the conclusion of the agenda item.

Pla/13/5/17 Demolition of existing pavilion and erection of new stone and render built pavilion on cross walls above expected flood levels. Alterations to cricket ground levels and new drainage system at The Cricket Pavilion, Chapel Street, Appleby (Planning Application No. 17/0169)

Moved by Councillor Owen Seconded by Councillor Eyles and RESOLVED that delegated authority be given to the Assistant Director Technical Services to request a revised plan setting back the veranda 1m from the adjacent footpath and providing an alternative to the 2m close-boarded fence and that the application be APPROVED subject to the following conditions: 1. The development permitted shall be begun before the expiration of three years from the date of this permission. 2. The development hereby granted shall be carried out strictly in accordance with the following details and plans hereby approved

i. Location Plan ref 1127-019 dated Nov 2016

ii. Site Plan ref 1127-004 Rev C dated July 2016

iii. Drainage Design plan ref 1037.2-3 rev 2 dated 16/06/2016

iv. Isopachytes (Earthwork Analysis) plan ref 1037.2-3 rev 1 dated 09/06/2016

v. Proposed and Existing Levels plan ref 1037.2-1 rev 2 dated 09/06/2016

10 vi. Front Elevation plan ref 1127-013 Rev D submitted by email 15/03/2017

vii. Side & Rear Elevation plan ref 1127-014 Rev C submitted by email 15/03/2017

viii. Floor Plan ref 1127-012 Rev C dated Sept 2016

Pre-commencement Conditions

3. Prior to the construction of the new pavilion or retaining wall, samples of the materials to be used for the external surfaces of the development shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details and retained as such thereafter.

4. Prior to the commencement of development, a Tree Protection Plan shall be submitted to and approved in writing by the Local Planning Authority. The Plan shall provide details of the location of any barriers/fencing/ ground protection measures etc. to be installed for all protected trees. The approved scheme shall then be implemented in full and shall be retained throughout the duration of the construction phase.

5. Prior to the commencement of development, an Arboricultural Method Statement shall be submitted to and approved in writing by the Local Planning Authority. The Statement shall provide full details of the arboricultural supervision to be carried out during the development. The approved scheme shall then be implemented in full and shall be retained throughout the duration of the construction phase.

Ongoing Conditions

6. Drainage for the development hereby approved, shall be carried out in accordance with principles set out in the submitted NPPF Flood Risk Assessment, Report No: 2016-144- A, dated 23/02/2017 written by Flood Risk Consultancy Limited, proposing surface water and land drainage discharging into the watercourse and foul water connection to be reutilised. No surface water and land drainage will be permitted to drain directly or indirectly into the public sewer. Any variation to the discharge of foul water shall be agreed in writing by the Local Planning Authority prior to the commencement of the development. The development shall be completed in accordance with the approved details.

Reasons 1. In order to comply with the provisions of the Town and Country Planning Act 1990. 2. To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission. 3. To ensure that the materials harmonise with the surroundings. The condition is considered necessary to be complied with pre-commencement as compliance with the requirements of the condition at a later time could result in unacceptable harm contrary to the policies of the Development Plan. 4. To ensure the adequate protection of the trees. The condition is considered necessary to be complied with pre-commencement as compliance with the requirements of the condition at a later time could result in unacceptable harm contrary to the policies of the Development Plan.

11 5. To ensure the adequate protection of the trees. The condition is considered necessary to be complied with pre-commencement as compliance with the requirements of the condition at a later time could result in unacceptable harm contrary to the policies of the Development Plan. 6. To ensure the site is adequately drained. The condition is considered necessary to be complied with pre-commencement as compliance with the requirements of the condition at a later time could result in unacceptable harm contrary to the policies of the Development Plan. Councillor Patterson left the meeting prior to consideration of the next item as he had declared an interest.

Pla/14/5/17 Construction of slurry storage tank at Coupland Beck Farm, Coupland Beck, Appleby (Planning Application No 17/0180)

Moved by Councillor Eyles Seconded by Councillor Armstrong and RESOLVED that the application be APPROVED subject to the following conditions: 1. The development permitted shall be begun before the expiration of three years from the date of this permission. 2. The development hereby granted shall be carried out strictly in accordance with the following details and plans hereby approved i. Location plan dated 17 February 2017 ii. Block Plan date-stamped received 24 Apr 2017 iii. Side elevations date-stamped received 24 Apr 2017 iv. North elevation date-stamped received 18 Apr 2017 Reasons 1. In order to comply with the provisions of the Town and Country Planning Act 1990. 2. To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.

Pla/15/5/17 Confirmation of Site Visits (if any)

No site visits were confirmed at this meeting.

Pla/16/5/17 Any Other Items which the Chairman decides are urgent

There were no items of urgent business from the Chairman at this meeting.

Pla/17/5/17 Date of Next Meeting

The date of the next scheduled meeting be confirmed as 15 June 2017.

The meeting closed at 4.20 pm

12 …………………………………………………………………………

13 This page is intentionally left blank PLANNING COMMITTEE Agenda Item No. APPLICATIONS DETERMINED UNDER OFFICER DELEGATED POWERS FOR THE MONTH OF APRIL 2017

App No App Type Parish Description Location Applicant Decision

16/0228 Var/Removal of Langwathby Proposal to amend 2-1 in section 106 agreement to LANGWATHBY HALL FARM, Trivselhus By Esh APPROVED S106 allow 8 no. market units to be completed before LANGWATHBY, PENRITH, CA10 affordable units are completed. 1LW

16/0370 Full Application Kirkby Thore Creation of new access drive and parking area. 1 DUNFELL VIEW, KIRKBY THORE, Mr R Sisterson REFUSED PENRITH, CA10 1UT

16/0791 Full Application Orton Proposed detached dwelling. RAISGILL HALL, TEBAY, PENRITH, Mr and Mrs M Dunning APPROVED CA10 3UB

16/1089 Full Application Five detached single storey dwellings. LEVENS HOUSE FARM, Mr A Davis APPROVED MELLBECKS, NATEBY ROAD, KIRKBY STEPHEN, CA17 4AA

16/1108 Full Application Kirkby Thore Proposal for 5 no. industrial units. KIRKBY THORE INDUSTRIAL Mr R BRENNAND APPROVED ESTATE, KIRKBY THORE, PENRITH, CA10 1XU

16/1116 Full Application Temple Sowerby Variation of condition 1 (plans compliance) to alter LAND ADJACENT TO WHINFELL Mr & Mrs Wills APPROVED appearance of dwelling and removal of condition 2 SPINNEY, TEMPLE SOWERBY, (noise) and condition 4 (drainage) attached to PENRITH, CA10 1RP approval 16/0036.

17/0056 Listed Building Appleby Listed Building consent for installation of a stairlift. 3 BONGATE, APPLEBY-IN- Mr A Waite APPROVED , CA16 6UE

17/0062 Listed Building Appleby Listed building consent for the installation of a central BARROWMOOR FARM, COLBY, Mr W Williamson APPROVED heating system comprising panel wall radiators APPLEBY-IN-WESTMORLAND, powered by oil fired boiler served by oil storage tank. CA16 6BD

17/0068 Full Application Dacre Erection of dwelling (revision of approval 16/0783). LAND OFF SNUFF MILL LANE, Mr and Mrs B APPROVED STAINTON, PENRITH, CA11 0ES Armstrong-Payne Minute Item Pla/5/5/17

17/0069 Full Application Penrith Development of two residential dwellings and two BEACON GARDENS Mr Dudson - KG APPROVED garages. DEVELOPMENT, FELL LANE, Dudson Ltd PENRITH, CA11 8BE

17/0077 Full Application Glassonby Demolition of existing agricultural lean-to building LOW FARM, GAMBLESBY, Mr M Wilson APPROVED and erection of replacement agricultural building. PENRITH, CA10 1HY

17/0085 Reserved Matters Brough Reserved Matters application for landscaping, layout CHRIST CROFT, BROUGH, KIRKBY Mr S Donnelly APPROVED Page 15 Page and scale attached to outline approval 16/0569. STEPHEN, CA17 4DB

08 May 2017 Page 1 of 6 Page 16 Page App No App Type Parish Description Location Applicant Decision

17/0086 Full Application Hunsonby Variation of Condition 3 (Visibility Splays) comprising ROAD HEAD FARM, WINSKILL, Messrs Awde APPROVED of reduction of visibility splays attached to approval PENRITH, CA10 1PB 16/0075.

17/0089 Full Application Dufton Change of use of part of agricultural field to GHYLL VIEW, DUFTON, APPLEBY- Mr & Mrs A Barr APPROVED residential use and demolish existing garage and IN-WESTMORLAND, CA16 6DF replace with garage store and office (part retrospective).

17/0090 Non-Material Hesket Non-Material Amendment comprising of amendment LAND TO THE WEST OF ELM McManus Builders Ltd - APPROVED Amend to approved siting attached to approval 16/0568. CLOSE, HIGH HESKET, , Mr R McManus

17/0093 Full Application Yanwath & Extension to existing house to provide one additional ASHBANK, EAMONT BRIDGE, Mr J Heath APPROVED Eamont Bridge dwelling. PENRITH, CA10 2BY

17/0094 Full Application Brough Variation of condition 2 ( Plans Compliance ) SITE ADJ. TO CASTLE PARK, A. J. Jackson APPROVED comprising of the addition of garden rooms to units BROUGH, KIRKBY STEPHEN, CA17 Properties Ltd - Mr 28, 29 and 30 and a double garage to unit 28, 4BD Jackson attached to approval 16/0642.

17/0097 Listed Building Appleby Listed building consent for the addition of studs to 18 HIGH WIEND, APPLEBY-IN- Mr D Pigney APPROVED front doorway for flood gate. WESTMORLAND, CA16 6RD

17/0098 Listed Building Appleby Listed building consent for the replacement of rear 16 HIGH WIEND, APPLEBY-IN- Mr D Pigney APPROVED door with plastic flood door and addition of studs to WESTMORLAND, CA16 6RD the front doorway for flood gate.

17/0099 Listed Building Appleby Listed building consent for the addition of studs to 17 HIGH WIEND, APPLEBY-IN- Mr D Pigney APPROVED front doorway for flood gate. WESTMORLAND, CA16 6RD

17/0101 Full Application Stainmore Change of use of agricultural barn to dwelling house BUILDING ADJACENT TO LOW Mr & Mrs C APPROVED (as revised). MOUTHLOCK, BARRAS, KIRKBY Greenshaw - ACG STEPHEN, CA17 4ET Properties

17/0103 Full Application Appleby Proposed rear elevation sun room extension WAYSIDE, GARBRIDGE LANE, Mr & Mrs S Wharton APPROVED APPLEBY-IN-WESTMORLAND, CA16 6HZ

17/0109 Full Application Milburn Change of use of barn to single dwelling house. MILL AND MIX BARN, MILBURN Mr R. Atkinson APPROVED COURT, MILBURN, PENRITH, CA10 1TN

17/0110 Listed Building Milburn Listed Building Consent for change of use of barn to MILL AND MIX BARN, MILBURN Mr R. Atkinson APPROVED single dwelling house. COURT, MILBURN, PENRITH, CA10 1TN

17/0113 Cert. of Lawful Cliburn Certificate of lawfulness for siting of static caravan CARAVAN AT CROFT HOUSE, Mrs M Burne APPROVED for residential use. TOWNHEAD LANE, CLIBURN, PENRITH, CA10 3AL

08 May 2017 Page 2 of 6 App No App Type Parish Description Location Applicant Decision

17/0114 Full Application Orton Extension to existing agricultural building. MOOR HOUSE, ORTON, PENRITH, Mr M Mawson APPROVED CA10 3SA

17/0115 Full Application Orton Proposed extension to agricultural building. MOOR HOUSE, ORTON, PENRITH, Mr MARK MAWSON APPROVED CA10 3SA

17/0116 Full Application Penrith Proposed extension and internal alterations. GIBRALTER BUILDING, CAVENDISH Aldi Stores Ltd - Mr S APPROVED WAY, PENRITH, CA11 7GS Plumb

17/0117 Full Application Penrith Retrospective application for the installation of parcel MORRISONS SUPERMARKET, InPost - L Mushing APPROVED lockers. BRUNSWICK ROAD, PENRITH, CA11 7JY

17/0118 Listed Building Alston Listed building consent for the addition of new waste IVY HOUSE, THE ROW, Mr & Mrs Taylor-Lynch APPROVED water pipe to rear elevation. NENTHEAD, ALSTON, CA9 3PE

17/0120 Full Application Penrith Demolition of existing workshop building. Part UNIT 54 GILWILLY ROAD, GILWILLY North Lakes Foods - Mr APPROVED demolition of existing bottling plant. Erection of steel INDUSTRIAL ESTATE, PENRITH, D Parker framed building linked to existing bottling plant. CA11 9BL Creation of hardstanding.

17/0124 Full Application Hesket Proposed alterations and extension to form an HOLMELANDS, THIEFSIDE, Mr & Mrs Perfect APPROVED annexe to the house. CALTHWAITE, PENRITH, CA11 9RN

17/0128 Full Application Hesket Installation of Biomass boiler and store. SOUTHWAITE MOTORWAY Moto Hospitality Ltd APPROVED SERVICES AREA NORTH, BROADFIELD, SOUTHWAITE, CARLISLE, CA4 0NT

17/0129 Full Application Penrith Retrospective change of use of storage area over MELBOURNE HOUSE, THACKA Mr Frank Huschka APPROVED garage to self contained apartment LANE, PENRITH, CA11 9NG

17/0130 Listed Building Greystoke Listed Building Consent for replacement hanging THE POST OFFICE, 1 CHURCH Greystoke Castle APPROVED sign. ROAD, GREYSTOKE, PENRITH, Estate Ltd - Mr A CA11 0TW Howard

17/0131 Full Application Brough Sowerby Erection of detached dwelling. LAND ADJACENT SOWERBY Mrs D. Chester REFUSED LODGE, BROUGH SOWERBY, KIRKBY STEPHEN, CA17 4EG

17/0132 Full Application Brougham Proposed storage shed and track. CENTER PARCS, WHINFELL Center Parcs - Mr APPROVED FOREST VILLAGE, WHINFELL, Harrison PENRITH, CA10 2DW

17/0135 Full Application Kirkby Stephen Replacement of existing conservatory with single COBURN, REDMAYNE ROAD, Mr & Mrs J.D. Harrison APPROVED storey extension. KIRKBY STEPHEN, CA17 4RL Page 17 Page 17/0136 Full Application Lazonby Proposed two storey side and rear extension to form FERNDALE HOUSE, LAZONBY, Mr & Mrs K Dixon APPROVED annex living accommodation. PENRITH, CA10 1AT

08 May 2017 Page 3 of 6 Page 18 Page App No App Type Parish Description Location Applicant Decision

17/0137 Reserved by Glassonby Discharge of conditions 3 (sample materials) and 4 CHAPEL HOUSE, GAMBLESBY, Mr G H Morton APPROVED Cond (windows) attached to approval 16/0313. PENRITH, CA10 1HR

17/0138 Full Application Dacre Creation of bund flood defence and associated works. HAWBANK FARM, NEWBIGGIN, Dacre Parish Council - APPROVED PENRITH, CA11 0HT Mrs J Derbyshire

17/0141 Full Application Castle Sowerby Proposed construction of flood wall to front of FELL VIEW, MILLHOUSE, HESKET Mr P Murray APPROVED property, installation of floodgates, relocation of NEWMARKET, , CA7 8HR vehicular access and construction of a new balcony.

17/0144 Notice of Intention Greystoke Installation of 15m lattice tower with 2.5m P-Top OLD RECTORY FARM, CTIL - Mr Raymond APPROVED headframe, 3no. Antennas, 2no. 0.2 transmission GREYSTOKE, PENRITH, CA11 0UJ Adams dishes, 3no. Ground based equipment dishes and ancillary equipment and 1.4m fenced compound.

17/0149 Full Application Castle Sowerby Proposed erection of roof over existing fuel storage LOW CURRIGG, SEBERGHAM, Alan Stobart Fuel & APPROVED and distribution equipment. CARLISLE, CA5 7DX Lubricants

17/0151 Full Application Alston Proposed general purpose agricultural building. HIGH REDWING, GARRIGILL, Mr & Mrs J Johnston APPROVED ALSTON, CA9 3EH

17/0152 Full Application Ousby Re-building of previously approved barn conversion TODD HILLS, MELMERBY, Mr & Mrs Rowley APPROVED to dwelling. PENRITH, CA10 1HP

17/0155 Listed Building Kirkby Stephen Listed building consent for replacement windows and MITRE HOUSE, MARKET SQUARE, Mr R Bright APPROVED lime re-rendering. Painting of window surroundings KIRKBY STEPHEN, CA17 4QT and quoins.

17/0157 Advertisement Brough Advertisement consent for 1 no fascia sign, 1 no VILLAGE STORES (BROUGH) LTD, One Stop Stores - Mr APPROVED projecting sign, and 3 no window graphics. MAIN STREET, BROUGH, KIRKBY Rigby STEPHEN, CA17 4BL

17/0162 Full Application Penrith Two storey extension, increased off road parking and 52 CARLETON DRIVE, PENRITH, Mr & Mrs J Mellor APPROVED extension to dropped curb CA11 8JR

17/0163 Listed Building Yanwath & Listed building consent for the addition of rails for BRIDGE END, EAMONT BRIDGE, Mr G Hedley APPROVED Eamont Bridge floodgate on front and rear doors. PENRITH, CA10 2BH

17/0164 Full Application Winton Proposed extension and alterations to the rear of the THE BAY HORSE INN, WINTON, The Real Pub Cumbria APPROVED property. KIRKBY STEPHEN, CA17 4HS Ltd - Mr Rodgie & Mr Bowler

17/0165 Full Application Stainmore Demolition of the existing two bedroom cottage and BARRAS SIDE COTTAGE, BARRAS, Trustees of the John APPROVED pre-fabricated garage and construction of a new KIRKBY STEPHEN, CA17 4ET Brazil Trust three bedroom cottage with new garage and storage building.

08 May 2017 Page 4 of 6 App No App Type Parish Description Location Applicant Decision

17/0167 Full Application Penrith Variation of condition 2 (plans compliance) FORMER CAR PARK, BRENTFIELD Atkinson Homes Ltd - APPROVED comprising of the change of bungalow type and WAY, PENRITH, Ms J Ruffley design attached to approval 16/0950.

17/0172 Full Application Orton Proposed alterations and extension and additional SELSMIRE FARM, ORTON, Mr P Pearson APPROVED car parking area. PENRITH, CA10 3SA

17/0179 Full Application Alston Variation of condition 2 (plans compliance) WRIGHT BROS (COACHES) LTD, Mr Gary & Ian Wright APPROVED comprising of reduction in size of building, change of CENTRAL GARAGE, NENTHEAD, elevational materials and addition of extension ALSTON, CA9 3NP attached to approval 12/0599.

17/0181 Full Application Penrith Change of use of office (B1) to beauty salon (Sui 45A KING STREET, PENRITH, CA11 Miss J Gosling APPROVED Generis). 7AY

17/0182 Full Application Alston Erection of porch to front elevation. VALLEY VIEW, NENTHEAD, Mr J Baker APPROVED ALSTON, CA9 3NA

17/0184 Full Application Shap Two storey rear extension to dwelling. WREAY COTTAGE, SHAP, Mr Lei Mashiter APPROVED PENRITH, CA10 3LB

17/0195 Reserved by Appleby Discharge of condition 3 (sample materials) attached MACADAM HOUSE, CROSS CROFT Mr Mike Dinsdale APPROVED Cond to approval 16/1014. INDUSTRIAL ESTATE, APPLEBY-IN- WESTMORLAND, CA16 6HX

17/0197 Notice of Intention Murton Proposed agricultural building. SOUTH FIELD FARM, BONGATE, Mr J WILSON & SONS APPROVED APPLEBY-IN-WESTMORLAND, CA16 6LH

17/0200 Householder Dacre Proposed extension to dwelling. HOLLY HOUSE, NEWBIGGIN, Dr A Rich APPROVED PD/PN PENRITH, CA11 0HT

17/0208 Tree Works Appleby Sycamore: 1) remove lowest branch over garden of 22 CASTLE VIEW ROAD, APPLEBY- Mrs S Guest APPROVED (TPO) No 20; 2) Remove epicormic shoots from branch to IN-WESTMORLAND, CA16 6HH SW over Drawbriggs Lane; 3) Remove epicormic shoots from stem to 5m; Reason: to improve light and appearance; Tree Preservation Order No 72, Castle View Road / Hothfield Drive, Appleby (Group 2).

17/0212 Tree Works (CA) Culgaith Remove Sitka Spruce which is damaging boundary THE GRANARY, SKIRWITH, Mr Maurice Sheldon APPROVED wall; Skirwith Conservation Area. PENRITH, CA10 1RH

17/0217 Tree Works (CA) Great Salkeld Remove lower branches on Rowan tree as shown on DERWENT HOUSE, GREAT Mrs Adrienne Leslie APPROVED photograph provided; Great Salkeld Conservation SALKELD, PENRITH, CA11 9LW Area. Page 19 Page 17/0220 Notice of Intention Great Salkeld Proposed agricultural building. HALFWAY WELL, GREAT SALKELD, Messrs Blake APPROVED PENRITH, CA11 9NF

08 May 2017 Page 5 of 6 Page 20 Page App No App Type Parish Description Location Applicant Decision

17/0221 Tree Works (CA) Penrith Remove 2 Ash trees and 3 Willow trees; Penrith LAKELAND LANDSCAPES T J Mr Stephen Hill APPROVED Conservation Area. SERVICES, 16 MIDDLEGATE, PENRITH, CA11 7PG

17/0223 Tree Works Brougham T1 Copper Beech: 1) Crown raise to 5m; 2) Crown 1 BROUGHAM AVENUE, Mr David Coward APPROVED (TPO) reduce 2-3m to 15m height and 12-13 spread; 3) BROUGHAM, PENRITH, CA10 2DD Crown clean; Reason: highway clearance and light; Tree Preservation Order No 69, 1996, Brougham Hall Gardens.

17/0228 Non-Material Langwathby Non material amendment comprising of reduction of 4 WELLS COTTAGES, Mr D O'Farrell & Ms L APPROVED Amend size of footprint and no longer a change in original LANGWATHBY, PENRITH, CA10 1LH Wood access attached to approval 15/0269.

17/0237 Tree Works (CA) Langwathby T1 Apple tree: general pruning of annual tree growth THE COTTAGE, EDENHALL, Mr Howard Mawson APPROVED (see photo 1); T2 Conifer: Reduction in height of 5 PENRITH, CA11 8SX feet (see photo 1); T3 Conifer, Cyprus: Reduction in height of 5 feet (see photo 2); T4 Willow to pollard (see photo 2); T5 Conifer: Reduction in height of 5 feet (see photo 2); T6 Apple tree: Remove dead tree; T7, T8, T9: Apple trees: General pruning of tree growth and good husbandry; T1, T7, T8, T9 Apple trees: Annual pruning of re-growth; Edenhall Conservation Area.

17/0248 Tree Works (CA) Appleby T1 Remove heavily diseased Weeping Willow tree in THE VICARAGE, LOW WIEND, Rev Peter Boyles APPROVED rear garden; T2 Remove Cedar tree in front garden; APPLEBY-IN-WESTMORLAND, Appleby Conservation Area. CA16 6QP

17/0272 Tree Works (CA) Appleby Crown raise 2 x Yew trees to 3m above ground to APPLEBY CRICKET CLUB, LAND Mr E Brabbins - APPROVED assist mowing; Appleby Conservation Area. NEAR THE CRICKET PAVILION, Appleby Cricket Club CHAPEL STREET, APPLEBY-IN- WESTMORLAND, CA16 6QR

17/0274 Notice of Intention Soulby Proposed agricultural building. BRIDGE END FARM, SOULBY, Mr P Brass APPROVED KIRKBY STEPHEN, CA17 4PH

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.

08 May 2017 Page 6 of 6 Notice of Decision

Carriage Return

To: Holt Planning Consultancy Ltd Mansion House, Penrith, Cumbria CA11 7YG Maple House Tel: 01768 817817 Great Strickland Fax: 01768 212320 Penrith CA10 3DJ

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

Application No: 17/0131 On Behalf Of: Mrs D. Chester

In pursuance of their powers under the above Act and Order, Council, as local planning authority, hereby REFUSE full planning permission for the development described in your application and on the plans and drawings attached thereto, viz:

Application Type: Full Application Proposal: Erection of detached dwelling. Location: LAND ADJACENT SOWERBY LODGE BROUGH SOWERBY KIRKBY STEPHEN CA17 4EG

The reason(s) for this decision are:

1) The proposal would realise one market led dwelling on a site which is considered to be outside of the limits of Brough Sowerby and therefore in the open countryside. The proposal is therefore contrary to Policy CS1, CS2, CS7 and CS9 of the Eden Core Strategy (2010) and para 55 of the National Planning Policy Framework (NPPF) which seeks to restrain housing in the open countryside to meet a proven essential need only.

2) Approval of this proposal would set a precedent for the erection of dwellings on land adjacent to the application site. In the absence of exceptional justification such proposals would be contrary to this Councils accepted adopted Plan Policies.

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.

Date of Decision: 4 April 2017

Signed:

Jane Langston www.eden.gov.uk Jane Langston BEng (Hons) CEng MICE Assistant Director Technical Services Page 21

Assistant Director Technical Services

www.eden.gov.uk 2 Page 22 Notice of Decision

Carriage Return

To: Mr R Sisterson Mansion House, Penrith, Cumbria CA11 7YG 1 Dunfell View Tel: 01768 817817 Kirkby Thore Fax: 01768 212320 Penrith CA10 1UT

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

Application No: 16/0370 On Behalf Of: Mr R Sisterson

In pursuance of their powers under the above Act and Order, Eden District Council, as local planning authority, hereby REFUSE full planning permission for the development described in your application and on the plans and drawings attached thereto, viz:

Application Type: Full Application Proposal: Creation of new access drive and parking area. Location: 1 DUNFELL VIEW KIRKBY THORE PENRITH CA10 1UT

The reason(s) for this decision are:

1) The application seeks formation of a new vehicular access onto the highway at a point where visibility is restricted by the road alignment and by a substantial tree which is not within the applicant’s control. The scheme does not include any provision for vehicle turning and as a result cars would be forced to reverse onto or off the highway. The visibility splays for the proposed access falls well short of the required distances set out in the Cumbria Design Guide 1996. The proposal would be detrimental to highway safety, and therefore to grant permission would be contrary to Policies LD7 and LD8 of the Cumbria County Council Local Transport Plan.

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.

Date of Decision: 11 April 2017

Signed:

Jane Langston Assistant Director Technical Services

www.eden.gov.uk Jane Langston BEng (Hons) CEng MICE Assistant Director Technical Services Page 23

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