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(Public Pack)Agenda Document for Planning Committee, 13/12/2018

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_Date:5 December 2018 Town Hall, Penrith, Cumbria CA11 7QF Tel: 01768 817817 Email: [email protected] Dear Sir/Madam Planning Committee Agenda - 13 December 2018 Notice is hereby given that a meeting of the Planning Committee will be held at 9.30 am on Thursday, 13 December 2018 at the Council Chamber, Town Hall, Penrith. 1 Apologies for Absence 2 Minutes To sign the minutes Pla/94/11/18 to Pla/108/11/18 of the meeting of this Committee held on 15 November 2018 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 - 12) To receive report TES63/18 from the Deputy Director Technical Services which is attached and which lists decision letters from the Planning Inspectorate received since the last meeting: Application Applicant/Appeal Appeal Decision No. 17/0534 Mr Lewis Faith The appeal is dismissed. The site is the first open and undeveloped field on the East side of Melmerby to Gamblesby road. It spans in an Easterly direction to the A686 Grid Ref (Easting): 361555 (Northing) 537616 www.eden.gov.uk Matthew Neal Deputy Chief Executive The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant outline planning permission. The development proposed is outline application for the development of 8 market lead homes based on traditional courtyard design. 5 Planning Issues (Pages 13 - 18) To note the attached lists of the Deputy Director Technical Services. a) Applications determined under office delegated powers for the month of November 2018. b) Reasons for refusal on delegated decisions for the month of November 2018. 6 Planning Issues - Applications for Debate (Green Papers) (Pages 19 - 140) To consider the reports of the Deputy Director Technical Services on the following applications: Item Officer Page Application Details No Recommendation Number 1 Planning Application No: 18/0822 Recommended to: Proposed erection of dwelling REFUSE Land adj to Ivy Cottage, Aiketgate, With Reasons 21 Armathwaite Miss K Spooner and Mr J Robley 2 Planning Application No: 18/0564 Recommended to: Reserved Matters application for access, APPROVE appearance, landscaping, layout and scale Subject to attached to approval 17/0095 Conditions 29 Land adjacent to Walmar, Croft Head, Sockbridge Mr Wilkinson - JIW Properties 3 Planning Application No: 18/0775 Recommended to: Outline application for residential APPROVE development with approval sought for Subject to 46 access Land at Eden View, Langwathby Conditions JIW Properties Ltd www.eden.gov.uk 2 4 Planning Application No: 18/0829 Recommended to: Proposed Single Dwelling APPROVE 65 Subject to Skirsgill Lane, Eamont Bridge, Penrith Conditions Mr Ray King 5 Planning Application No: 17/0651 Recommended to: Redevelopment of former nursery and REFUSE erection of 14 dwellings and access With Reasons 79 Land at Ashton Lea, Kirkby Thore Rapcrest Ltd 6 Planning Application No: 17/1028 Recommended to: Proposed demolition of existing house and garage and erection of replacement house APPROVE and garage Subject to 99 Conditions Greenside, Moss Road, Cliburn CA10 3AL Mr John Henshaw 7 Planning Application No: 18/0715 Recommended to: Retention of hardstanding and alteration of APPROVE access Subject to 108 Webster House, Little Strickland Conditions Mr & Mrs Langridge 8 Planning Application No: 18/0788 Recommended to: Retrospective change of use of land to APPROVE domestic garden in association with Subject to number 4 Ullesby Gardens Conditions 115 4 Ullesby Gardens, Ousby Willan Trading Ltd 9 Planning Application No: 18/0868 Recommended to: 122 Variation of condition 2 (Plans APPROVE Compliance) for plot 28 - Replacement of Subject to front elevation stone with render. Plots 16, Conditions 17 and 21 - replacement of stone and quoins with brick. Plot 13 - Addition of quoins and amendment of front door colour to mouse grey on the finishes schedule attached to approval 17/0660. Field adjacent to Byrnes Close, Plumpton www.eden.gov.uk 3 Reiver Homes 10 Planning Application No: 18/0811 Recommended to: Discharge of Condition 3 (Landscaping) APPROVE attached to approval 18/0488 for an Subject to extension to existing approved free range Conditions egg-laying unit with associated feed bins 137 and concrete aprons Land south of Coupland Beck Farm, Appleby Mr W & W Patterson 7 Review of the Constitution (Pages 141 - 152) To receive report G111/18 from the Deputy Chief Executive which is attached and which seek the views of the Planning Committee on the proposed amendments to be made in the Constitution relating to the delegations to the Deputy Director Technical Services and the questioning of members of the public speaking at Planning Committee. RECOMMENDATIONS that: 1. Consideration be given to the recommended amendments to: (1) the scheme of delegation to the Deputy Director Technical Services as set out in Appendix 1 to this report; and (2) paragraph 13 of the Council’s Code of Planning Conduct and Practice. 2. It be noted that the views of Planning Committee will be presented to a meeting of the Accounts and Governance Committee, with the matter being the subject of a final decision by Council. 8 Confirmation of Site Visits (if any) To confirm the date and location of any site visits that may have been agreed. 9 Any Other Items which the Chairman decides are urgent 10 Date of Next Meeting The date of the next scheduled meeting be confirmed as 17 January 2018. Yours faithfully www.eden.gov.uk 4 M Neal Deputy Chief Executive (Monitoring Officer) Democratic Services Contact: Claire Watters Encs For Attention All members of the Council Chairman – Councillor J G Thompson (Conservative Group) Vice Chairman – Councillor W Patterson (Independent Group) Councillors A Armstrong, Conservative Group V Kendall, Conservative Group I Chambers, Conservative Group J C Lynch, Conservative Group M Clark, Independent Group R Sealby, Conservative Group M Eyles, Liberal Democrat Group H Sawrey-Cookson, Independent Group D Holden, Liberal Democrat Group Standing Deputies D Banks, Independent Group J Raine, Conservative Group A Hogg, Conservative Group V Taylor, Liberal Democrat Group M Smith, Independent Group M Rudhall, Liberal Democrat 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 TES63/18 Eden District Council Planning Committee 13 December 2018 Appeal Decision Letters Report of the Deputy Director Technical Services Attached for Members’ information is a list of Decision Letters received since the last meeting: Application Applicant Appeal Decision Number(s) 17/0534 Mr Lewis Faith The appeal is The site is the first open and undeveloped field dismissed. on the East side of the Melmerby to Gamblesby road. It spans in an Easterly direction to the A686 Grid Ref (Easting): 361555 (Northing) 537616 The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant outline planning permission. The development proposed is outline application for the development of 8 market lead homes based on traditional courtyard design. Jane Langston Deputy Director Technical Services Page 7 Appeal Decision Site visit made on 16 July 2018 by Graeme Robbie BA(Hons) BPl MRTPI an Inspector appointed by the Secretary of State Decision date: 9 November 2018 Appeal Ref: APP/H0928/W/18/3201314 the site is the first open and undeveloped field on the East side of the Melmerby to Gamblesby road. it spans in an Easterly direction to the A686 Grid Ref (Easting): 361555 (Northing) 537616 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 Lewis Faith against the decision of Eden District Council. The application Ref 17/0534, dated 23 June 2017, was refused by notice dated 12 April 2018. The development proposed is outline application for the development of 8 market lead homes based on traditional courtyard design. Decision 1. The appeal is dismissed. Procedural Matters 2. The application was submitted in outline form with access, layout and scale to be considered, and appearance and landscaping reserved for subsequent consideration. Drawings have been submitted with the application, comprising a site location plan, a proposed site layout showing the arrangement and positions of houses and flats within the site, access to the site and the roadway into, and within, the development and a site drainage layout. Any indication on those plans to appearance and landscaping I have treated as being indicative. Background and Main Issue 3. The Council resolved to grant outline planning permission for the application the subject of the current appeal at its meeting on 16 November 2017. This was subject to an agreement under section 106 of the Town and Country Planning Act 1990 (as amended) to secure a commuted sum for the provision of affordable housing. Agreement could not subsequently be reached regarding the level of commuted sum to be paid and the effect of this on the viability of the proposal. 4. Thus, the main issue in this appeal is whether the proposed development is required to make a contribution towards the provision of affordable housing. Reasons Policy Context 5. The Eden Local Plan (ELP) is at an advanced stage of preparation.
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