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(Public Pack)Agenda Document for Planning Committee, 20/08/2015

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(Public Pack)Agenda Document for Planning Committee, 20/08/2015 Date: 12 August 2015 Please note that this meeting will commence at the rising of the previous meeting or at 9.40am whichever is the later Town Hall, Penrith, Cumbria CA11 7QF Tel: 01768 817817 Fax: 01768 890470 Email: [email protected] Dear Sir/Madam Planning Committee Agenda - 20 August 2015 Notice is hereby given that a meeting of the Planning Committee will be held on Thursday, 20 August 2015 at the Council Chamber, Town Hall, Penrith at the rising of the previous meeting or at 9.40 am whichever is the later. 1 Apologies for Absence 2 Minutes To sign the public minutes: 1. Pla/37/7/15 to Pla/45/7/15 of the meeting of this Committee held on 16 July 2015; and 2. Pla/47/7/15 of the meeting of this Committee held on 16 July 2015 as a correct record of those proceedings (copies previously circulated). 3 Declarations of Interest To receive any declarations of the existence and nature of any private interests, both disclosable pecuniary and any other registrable interests, in any matter to be considered or being considered. Mr P G Foote BA Solicitor www.eden.gov.uk Director of Corporate and Legal Services 4 Appeal Decision Letters (Pages 5 - 16) To receive the decision letters from the Planning Inspectorate for the appeals relating to: Application Applicant / Appeal Appeal Number(s) Decision 14/0281 Mr Russell Bowman The appeal is Land to the south-east of Ainstable, dismissed Penrith, Cumbria The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. The development proposed is the erection of a wind turbine 13/0917 Mr Steven Dunning The appeal is Raisgill Hall, Tebay, Penrith, Cumbria, dismissed CA10 3UB The appeal is made under section 78 of the Town and Country Planning act 1990 against a refusual to grant planning permission. The development proposed is the erection of a wind turbine. 5 National Planning Policy Guidance Amendments To receive a verbal update from the Principal Development Control Officer on an amendment to the National Planning Policy Guidance (NPPG). 6 Hay Close Wind Farm (Pages 17 - 44) To consider report CD60/15 of the Head of Planning Services which is attached and which is to inform Members of the Planning Committee: 1. to seek Members’ approval that as a significant new material planning consideration relating to onshore wind had been introduced by the Government an additional reason for refusal should be promoted as part of the Council’s case at the appeal inquiry; and 2. to seek Members’ approval that Reason for Refusal (3) be conditionally withdrawn; and 3. to seek Members’ approval that Reason for Refusal (4) be conditionally withdrawn; and 4. to update Members of the progress of the appeal. 7 Planning Issues (Pages 45 - 66) www.eden.gov.uk 2 To note the attached lists of the Head of Planning Services: a) Applications determined under office delegated powers for the month of July 2015 b) Reasons for refusal on delegated decisions for the month of July 2015. 8 Planning Issues - Applications for Debate (Green Papers) a) To consider the reports of the Head of Planning Services on the following applications: Item Officer Page Application Details No Recommendation Number 1 Planning Application No: 15/0315 Recommended to: Residential development (comprising 5 APPROVE dwellings) with approval sought for Subject to access and scale Location here 3 Land at Levens House Farm, Conditions Mellbecks, Kirkby Stephen Mr Davis 2 Planning Application No: 15/0466 Recommended to: Siting of playground equipment (part APPROVE retrospective) Subject to 19 Lazonby Church of England School, Conditions Lazonby Mrs Yvonne Standing (head teacher) 3 Planning Application No: 15/0486 Recommended to: Erection of detached dwelling APPROVE Land at Orchard Cottage, Little Salkeld, 24 Subject to Penrith Mr and Mrs D Addis Conditions b) Confirmation of site visits (if any). 9 Date of Next Meeting The next meeting of Planning Committee will be held on 17 September 2015. 10 Any Other Items which the Chairman decides are urgent 11 Exclusion of the Press and Public To consider whether, 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 discussion of the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraph 2 of Part 1 to Schedule 12A of the Act www.eden.gov.uk 3 12 Minutes To sign the confidential minute Pla/46/7/15 of the meeting of this Committee held on 16 July 2015 as a correct record of those proceedings (copies previously circulated). Yours faithfully P G Foote Director of Corporate and Legal Services Democratic Services Contact: L Rushen Please Note: Access to the internet in the Council Chamber and Committee room is available via the guest wi-fi – no password is required Encs For Attention All members of the Planning Committee, ie Chairman – Councillor W Patterson (Independent Group) Vice Chairman – Councillor J G Thompson (Conservative Group) Councillors A Armstrong, Conservative Group J C Lynch, Conservative Group I Chambers, Conservative Group Mrs E Martin, Conservative Group Miss M Clark, Independent Group H Sawrey-Cookson, Independent Group D Holden, Liberal Democrat Group J Tompkins, Liberal Democrat Group Mrs V Kendall, Conservative Group Standing Deputies M Eyles, Liberal Democrat Group S Jackson, Conservative Group Ms P Godwin, Independent Group K Morgan, Independent Group A Hogg, Conservative Group Mrs S Orchard, Conservative Group R Howse, Liberal Democrat Group M Smith, Independent Group For information – All remaining members of the Council www.eden.gov.uk 4 Agenda Item 4 Report No CD59/15 Eden District Council Planning Committee 20 August 2015 Appeal Decision Letters Report of the Head of Planning Services Attached for Members’ information is a list of Decision Letters received since the last meeting: Application Applicant Appeal Decision Number(s) 14/0281 Mr Russell Bowman The appeal is Land to the south-east of Ainstable, Penrith, dismissed Cumbria The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. The development proposed is the erection of a wind turbine. 13/0917 Mr Steven Dunning The appeal is Raisgill Hall, Tebay, Penrith, Cumbria, CA10 dismissed 3UB The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. The development proposed is the erection of a wind turbine. Gwyn Clark Head of Planning Services Pack No 5 Appeal Decision Site visit made on 31 March 2015 by Richard McCoy BSc MSc DipTP MRTPI IHBC an Inspector appointed by the Secretary of State for Communities and Local Government Decision date: 7 July 2015 Appeal Ref: APP/H0928/A/14/2228402 Land to the south-east of Ainstable, Penrith, Cumbria The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. The appeal is made by Mr Russell Bowman against the decision of Eden District Council. The application Ref 14/0281, dated 26 March 2014, was refused by notice dated 17 July 2014. The development proposed is the erection of a wind turbine. Decision 1. I dismiss the appeal. Main Issues 2. The main issues are the effect of the proposal on the surrounding area in terms of landscape character and visual impact, the effect on nearby heritage assets, and whether any harm, in the light of the development plan, would be outweighed by the national objective of promoting renewable energy generation. Reasons Background and Policy 1. The appeal site is an agricultural field which is located in open countryside around 650m from the village of Ainstable. The proposed turbine would have 3 blades and would stand around 77m to the blade tip (with a rotor diameter of around 54m), on a concrete base. The proposal includes an access track and a transformer. Two public footpaths (301013 and 301014) converge around 630m to the west of the appeal site with other footpaths passing to the southwest (301011 and 301012) and to the south (301010). 2. The National Planning Policy Framework (NPPF) states a presumption in favour of sustainable development at paragraph 14 and paragraph 93 makes clear that the provision of renewable energy infrastructure is central to the economic, social and environmental dimensions of sustainable development. This is reflected in the national planning practice guidance (PPG) which states that increasing the amount of energy from renewable and low carbon technologies will help to make sure the UK has a secure energy supply, reduce greenhouse gas emissions to slow down climate change and stimulate investment in new jobs and businesses. It goes on to state that planning has www.planningportal.gov.uk/planninginspectorate Pack No 6 Appeal Decision APP/H0928/A/14//2228402 an important role in the delivery of new renewable and low carbon energy infrastructure in locations where the local environmental impact is acceptable. 3. The PPG also makes clear that there are no hard and fast rules about how suitable areas for renewable energy should be identified, but in considering locations, local planning authorities will need to ensure they take into account the requirements of the technology, and critically, the potential impacts on the local environment, including from cumulative impacts. The views of local communities likely to be affected should be listened to. 4. Policy CS20 of the adopted Eden Core Strategy Development Plan Document (CS) is supportive of proposals for renewable energy if there is no significant adverse effect on landscape character, biodiversity, natural heritage or local amenity and if all practicable measures are taken to reduce such impacts.
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