Date: 11 March 2020 Town Hall, Penrith, Cumbria CA11 7QF Tel: 01768 817817 Email: [email protected] Dear Sir/Madam Planning Committee Agenda - 19 March 2020 Notice is hereby given that a meeting of the Planning Committee will be held at 9.30 am on Thursday, 19 March 2020 at the Council Chamber, Town Hall, Penrith. 1 Apologies for Absence 2 Minutes To sign the minutes: 1) Pla/125/02/20 to Pla/138/02/20 of the meeting of this Committee held on 13 February 2020; and 2) Pla/139/02/20 to Pla/144/02/20 of the site visit meeting of this Committee held on 27 February 2020 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. 4 Appeal Decision Letters (Pages 7 - 14) To receive report PP13/20 from the Assistant Director Planning and Economic Development which is attached and which lists decision letters from the Planning Inspectorate received since the last meeting: Application Applicant/Appeal Appeal Decision No. 19/0219 Mr Metcalfe The appeal is Land adjacent to Hillside, Ruckcroft, allowed and Carlisle, CA4 9QR planning permission granted The appeal is made under section subject to 78 of the Town and Country conditions. Rose Rouse Chief Executive www.eden.gov.uk Planning Act 1990 against a refusal to grant outline planning permission. The development proposed is described as ‘outline consent for a single dwelling’. 5 Planning Issues (Pages 15 - 24) To note the attached lists of the Assistant Director Planning and Economic Development. a) Applications determined under office delegated powers for the month of February 2020 b) Reasons for refusal on delegated decisions for the month of February 2020 6 Planning Issues - Applications for Debate (Green Papers) (Pages 25 - 156) To consider the reports of the Assistant Director Planning and Economic Development on the following applications: Item Officer Page Application Details No Recommendation Number 1 Planning Application No: 19/0566 Recommended to: Retention of Existing Free Range Egg APPROVE Laying Unit and Associated Infrastructure Subject to conditions 27 Land North-East of High Meadow Farm, Marton Moor RJ Armstrong 2 Planning Application No: 19/0708 Recommended to: Retrospective application for change of APPROVE use of land to domestic, mitigation works Subject to carried out to the schedule ancient conditions monument site, move existing gate to lane boundary and erect stone wall either side 44 to boundary edge and restoration of stone building Land west of Castle Farm, Hardendale Mr Dawson 3 Planning Application No: 19/0923 Recommended to: Erection of building for ancillary uses REFUSE 61 associated with Heather Glen Country With Reasons Hotel, including staff and management accommodation and ancillary storage www.eden.gov.uk 2 Land adjacent to the Heather Glen Country House Hotel, Ainstable Heather Glen Limited 4 Planning Application No: 19/0829 Recommended to: Creation of new access APPROVE Subject to 74 Fernwood, Edenhall conditions Mr T O’Malley 5 Planning Application No: 19/0790 Recommended to: Extensions and alterations to dwelling APPROVE Subject of 82 The Lodge, Temple Sowerby Condition Mr and Mrs Clayton 6 Planning Application No: 19/0724 Recommended to: Change of use of workshop into two APPROVE holiday apartments and associated Subject to alterations Conditions 92 The Band Room, Black Bull Yard, Market Street, Kirkby Stephen, CA17 4QW Mr P Davenport 7 Planning Application No: 19/0875 Recommended to: Conversion of barn to create three APPROVE dwellings Subject to 102 Conditions Barn at High Galligill, Nenthead Spenserscom Limited 8 Planning Application No: 19/0696 Recommended to: Reserved matters application for access, APPROVE appearance, layout, scale, design and Subject to landscaping in relation to planning Conditions permission ref. 17/0922 for residential 114 development Land off Kirkby Stephen Grammar School, Kirkby Stephen Mr Colin Caldwallader – Maytree www.eden.gov.uk 3 Construction 9 Planning Application No: 19/0021 Recommended to: Variation of condition No 5 APPROVE (Accommodation Use) from Subject to guesthouse/holiday establishment to Conditions residential use attached to approval 135 04/0033 2 Primrose Court, Tebay CA10 3TR Mrs J Spurling 10 Planning Application No: 19/0713 Recommended to: Conversion of stone bank barn, APPROVE reconstruction of stone byre to rear and Subject to re-modelling modern cow byre to form a Conditions 142 dwelling Town Head Farm, Kirkland Road, Skirwith Mr T Smith 7 Confirmation of Site Visits (if any) To confirm the date and location of any site visits that may have been agreed. 8 Any Other Items which the Chairman decides are urgent 9 Date of Next Meeting The date of the next scheduled meeting be confirmed as 16 April 2020. Yours faithfully R Rouse Chief Executive Democratic Services Contact: Karen Wyeth Encs For Attention All members of the Council Chairman – Councillor W Patterson (Independent Group) Vice Chairman – Councillor I Chambers (Conservative Group) www.eden.gov.uk 4 Councillors M Clark, Independent Group H Sawrey-Cookson, Independent Group M Eyles, Liberal Democrat Group G Simpkins, Liberal Democrat Group D Holden, Liberal Democrat Group J G Thompson, Conservative Group J C Lynch, Conservative Group D Wicks, Conservative Group A Ross, Green Group Standing Deputies P G Baker, Liberal Democrat Group A Meadowcroft, Conservative Group D Banks, Independent Group G Nicolson OBE, Conservative Group L Harker, Liberal Democrat Group D Ryland, Independent Group S Lancaster, Independent Group D Smith, Liberal Democrat Group D Lawson, Green Group Please Note: 1. Access to the internet in the Council Chamber and Committee room is available via the guest wi-fi – no password is required 2. Under the Openness of Local Government Bodies Regulations 2014 this meeting has been advertised as a public meeting (unless stated otherwise) and as such could be filmed or recorded by the media or members of the public www.eden.gov.uk 5 This page is intentionally left blank Agenda Item 4 Report No: PP13/20 Eden District Council Planning Committee 19 March 2020 Appeal Decision Letters Report of the Assistant Director Planning and Economic Development Attached for Members’ information is a list of Decision Letters received since the last meeting: Application Applicant Appeal Decision Number(s) 19/0219 Mr Metcalfe The appeal is Land adjacent to Hillside, Ruckcroft, Carlisle allowed and CA4 9QR planning permission The appeal is made under section 78 of the granted, subject Town and Country Planning Act 1990 against a to conditions. refusal to grant outline planning permission. The development proposed is described as ‘outline consent for a single dwelling’. Oliver Shimell Assistant Director Planning and Economic Development Page 7 Appeal Decision Site visit made on 14 January 2020 by J M Tweddle BSc(Hons) MSc(Dist) MRTPI an Inspector appointed by the Secretary of State Decision date: 27 February 2020 Appeal Ref: APP/H0928/W/19/3239768 Land adjacent to Hillside, Ruckcroft, Carlisle CA4 9QR • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant outline planning permission. • The appeal is made by Mr Metcalfe against the decision of Eden District Council. • The application Ref 19/0219, dated 21 March 2019, was refused by notice dated 22 May 2019. • The development proposed is described as ‘outline consent for a single dwelling’. Decision 1. The appeal is allowed and planning permission is granted for the erection of a single dwelling at land adjacent to Hillside, Ruckcroft, Carlisle CA4 9QR, in accordance with the terms of the application, Ref 19/0219, dated 21 March 2019, subject to the conditions in the attached schedule. Procedural Matters 2. I have made a minor revision to the description of development in my formal decision to omit the words ‘outline consent for’ and replaced them with ‘erection of’ as the former does not describe an act of development. 3. The application was submitted in outline with all matters reserved for future consideration. I have therefore taken any indication of reserved matters shown on the submitted drawings to be illustrative, and only in so far as establishing whether it would be possible, in principle, to develop the site for a single dwelling. Main Issues 4. The main issues are: • Whether the site is a suitable location for residential development, having regard to the local development strategy for the area, and; • The effect of the proposal on the character and appearance of the area, and that of the surrounding landscape. Reasons Suitability of the location 5. The appeal site is part of an agricultural field on the edge of the small village of Ruckcroft, immediately adjacent to Hillside Cottage and fronting the highway. The site is largely rectangular in shape with the land steadily rising from southwest to northeast, reflecting the general topography of the surrounding https://www.gov.uk/planning-inspectorate Page 8 Appeal Decision APP/H0928/W/19/3239768 area. The proposal would see the development of a single dwelling within the site. 6. Policy LS1 of the Eden Local Plan 2014-2032 (the ELP) sets out the Council’s locational strategy for the distribution of development across the district. It sets out a hierarchical approach to development and advises that within smaller villages and hamlets, such as Ruckcroft, development will be restricted to: infill sites, which fill a modest gap between existing buildings within the settlement; rounding off, which provides a modest extension beyond the limit of the settlement to a logical, defensible boundary, and; the reuse of traditional rural buildings and structures. This approach is also set out by ELP policy HS2 which in addition seeks to restrict the size of dwellings at these locations and, in the case of greenfield sites, requires a local occupancy restriction.