Corporate, Customer and Community Services Directorate Legal and Democratic Services Cumbria House 117 Botchergate, Carlisle, Cumbria CA1 1RD Tel 01228 606060 Email [email protected]
30 June 2020
To: The Chair and Members of the Development Control and Regulation Committee Agenda
DEVELOPMENT CONTROL AND REGULATION COMMITTEE
A meeting of the Development Control and Regulation Committee will be held as follows:
Date: Wednesday 8 July 2020 Time: 10.00 am Place: Please note this meeting will be a virtual meeting and therefore will not take place in a physical location please follow the link to view this meeting live https://teams.microsoft.com/l/meetup- join/19%3ameeting_ODRkYWZkNDYtN2MzMi00MTYzLTkyNDgtNzYyNDkyZmVhM2Q5% 40thread.v2/0?context=%7b%22Tid%22%3a%22ac4b077e-a758-4bc5-9465- 35c192007704%22%2c%22Oid%22%3a%2292abf29a-2999-4456-9c44- 884bfe2e94a3%22%2c%22IsBroadcastMeeting%22%3atrue%7d
Dawn Roberts Executive Director – Corporate, Customer and Community Services
Enquiries and requests for supporting papers to: Nicola Harrison Direct Line: 01228 226906 Email: [email protected]
This agenda is available on request in alternative formats
Serving the People of Cumbria
1 MEMBERSHIP
Labour (6) Conservative (8) Liberal Democrat (3)
Mr A McGuckin (Vice-Chair) Mr RK Bingham Mr GD Cook (Chair) Mr F Cassidy Mr A Bowness Mr N Cotton Mr KR Hamilton Mrs HF Carrick Mrs BC Gray Mr W McEwan Mr D English Mr FI Morgan Mr AJ Markley Mr MH Worth Mr D Wilson Mr CP Turner Vacancy
Independent (1)
Mr JS Holliday
ACCESS TO INFORMATION
Agenda and Reports
Copies of the agenda and Part I reports are available for members of the public to inspect prior to the meeting. Copies will also be available at the meeting.
The agenda and Part I reports are also available on the County Council’s website – http://councilportal.cumbria.gov.uk/ieListMeetings.aspx?CId=124&Year=0
Background Papers
Requests for the background papers to the Part I reports, excluding those papers that contain exempt information, can be made to the Legal and Democratic Services Unit at the address overleaf between the hours of 9.00 am and 4.30 pm, Monday to Friday.
2 A G E N D A
PART 1: ITEMS LIKELY TO BE CONSIDERED IN THE PRESENCE OF THE PRESS AND PUBLIC
1 PLEASE NOTE THIS MEETING WILL BE A VIRTUAL MEETING AND THEREFORE WILL NOT TAKE PLACE IN A PHYSICAL LOCATION PLEASE FOLLOW THE LINK TO VIEW THIS MEETING LIVE https://teams.microsoft.com/l/meetup- join/19%3ameeting_ODRkYWZkNDYtN2MzMi00MTYzLTkyNDgtNzYyNDkyZmVhM2Q5 %40thread.v2/0?context=%7b%22Tid%22%3a%22ac4b077e-a758-4bc5-9465- 35c192007704%22%2c%22Oid%22%3a%2292abf29a-2999-4456-9c44- 884bfe2e94a3%22%2c%22IsBroadcastMeeting%22%3atrue%7d
2 ROLL CALL AND APOLOGIES FOR ABSENCE
Roll call and to receive any apologies for absence.
3 CHANGES IN MEMBERSHIP
To note any changes in membership.
4 DISCLOSURES OF INTEREST
Members are invited to disclose any disclosable pecuniary interest they have in any item on the agenda which comprises
1 Details of any employment, office, trade, profession or vocation carried on for profit or gain.
2 Details of any payment or provision of any other financial benefit (other than from the authority) made or provided within the relevant period in respect of any expenses incurred by you in carrying out duties as a member, or towards your election expenses. (This includes any payment or financial benefit from a trade union within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992.
3 Details of any contract which is made between you (or a body in which you have a beneficial interest) and the authority
(a) Under which goods or services are to be provided or works are to be executed; and
(b) Which has not been fully discharged.
4 Details of any beneficial interest in land which is within the area of the authority.
3 5 Details of any licence (alone or jointly with others) to occupy land in the area of the authority for a month or longer.
6 Details of any tenancy where (to your knowledge)
(a) The landlord is the authority; and
(b) The tenant is a body in which you have a beneficial interest.
7 Details of any beneficial interest in securities of a body where
(a) That body (to your knowledge) has a place of business or land in the area of the authority; and
(b) Either –
(i) The total nominal value of the securities exceeds £25,000 or one hundredth of the total issued share capital of that body; or
(ii) If that share capital of that body is of more than one class, the total nominal value of the shares of any one class in which the relevant person has a beneficial interest exceeds one hundredth of the total issued share capital of that class.
In addition, you must also disclose other non-pecuniary interests set out in the Code of Conduct where these have not already been registered.
Note
A “disclosable pecuniary interest” is an interest of a councillor or their partner (which means spouse or civil partner, a person with whom they are living as husband or wife, or a person with whom they are living as if they are civil partners).
5 EXCLUSION OF PRESS AND PUBLIC
To consider whether the press and public should be excluded from the meeting during consideration of any item on the agenda.
6 MINUTES
To confirm as a correct record the Minutes of a meeting held on 4 March 2020 and 9 June 2020. (Pages 7 - 24)
7 HIGHWAYS ACT 1980 SECTION 119 PROPOSED DIVERSION OF FOOTPATH NO 109097 CITY OF CARLISLE
[Electoral Division: Castle]
4 To consider a report from the Executive Director – Economy and Infrastructure (Pages 25 - 32)
8 APPLICATION REFERENCE NO. 5/20/9004. PROPOSAL: VARY CONDITION 1 OF PLANNING PERMISSION 5/16/9005 TO ALLOW CONTINUED USE OF THE LAND AS PART OF THE HOUSEHOLD WASTE RECYCLING CENTRE (HWRC) FOR AN EXTENDED TIME PERIOD OF 5 YEARS. LOCATION: KENDAL HOUSEHOLD WASTE RECYCLING CENTRE (HWRC), CANAL HEAD NORTH, KENDAL, LA9 7BY
[Electoral Division: Kendal Nether]
To consider a report from the Executive Director – Economy and Infrastructure (Pages 33 - 46)
9 APPLICATIONS DETERMINED UNDER DELEGATED POWERS
[Electoral Divisions: Various]
To consider a report from the Executive Director – Economy and Infrastructure
To note that these are applications that have recently been determined by the Acting Executive Director – Economy and Infrastructure in accordance with the schemes of delegation. (Pages 47 - 48)
10 APPLICATIONS PROPOSED TO BE DETERMINED UNDER DELEGATED POWERS
[Electoral Divisions: Various]
To consider a report from the Executive Director – Economy and Infrastructure
To note that these applications that have been submitted to the County Council but are not ready/appropriate for presentation to the Committee of for determination under delegated powers and/or have been recently withdrawn or determined as invalid or not requiring planning permission etc. (Pages 49 - 50)
11 FORWARD PLAN
[Electoral Divisions: Various]
To consider a report from the Executive Director – Economy and Infrastructure
To note the Committee’s Forward Plan. (Pages 51 - 52)
12 DATE AND TIME OF NEXT MEETING
The next meeting will be held on 20 August 2020 at 10.00am.
5 This page is intentionally left blank Agenda Item 6
DEVELOPMENT CONTROL AND REGULATION COMMITTEE
Minutes of a Meeting of the Development Control and Regulation Committee held on Wednesday, 4 March 2020 at 10.00 am at Council Chamber - County Offices, Kendal, LA9 4RQ
PRESENT:
Mr GD Cook (Chair)
Mr A McGuckin (Vice-Chair) Mr LN Fisher Mr RK Bingham Mr KR Hamilton Mr A Bowness Mr AJ Markley Mrs HF Carrick Mr W McEwan Mr F Cassidy Mr FI Morgan Mrs BC Gray Mr MH Worth Mr D English Mr D Gawne
Also in Attendance:-
Svetlana Bainbridge - Commons Registration Officer Mark Brennand - Lead Officer - Historic Environment and Commons Philippa Christie - Solicitor Richard Cryer - Lead Officer - Development Control Paul Haggin - Manager Development Control and Sustainable Development David Hughes - Planning Officer Andy Sims - Countryside Access Officer
PART 1 – ITEMS CONSIDERED IN THE PRESENCE OF THE PUBLIC AND PRESS
114 APOLOGIES FOR ABSENCE
Apologies for absence were received from Mr N Cotton, Mr J Holliday, Mr P Turner and Mr D Wilson.
115 CHANGES IN MEMBERSHIP
It was noted that Mr D Gawne replaced Mr D Wilson as a member of the Committee for this meeting only.
116 DISCLOSURES OF INTEREST
There were no disclosures of interest made.
7 117 EXCLUSION OF PRESS AND PUBLIC
RESOLVED that, the press and public not be excluded during consideration of any items of business.
118 MINUTES
Corrections:
Page 9, Minute 103, 2nd paragraph, last line. Replace ‘make the order’ with ‘approve the making of the order’
Page 28, Minute 107, 1st line. Add in ‘Acting’ between ‘the’ and ‘Executive’
Page 29, Minute 108, 1st line. Ref 5/19/9013 to be replaced with 5/19/9014.
RESOLVED that, subject to the corrections above, the minutes of the meeting held on 22 January 2020 be confirmed as a correct record and signed by the Chairman.
119 CA13/28 - APPLICATION TO CORRECT MISTAKEN REGISTRATION; CL40 COMMEMORATION SITE, BURGH BY SANDS
A report was considered from the Executive Director – Economy and Infrastructure regarding CA13/28 – Application to correct mistaken registration: CL40 Commemoration site, Burgh by Sands. The report advised that an application had been received from John Robert Armstrong, Ann Judith Butler, Philippa Jane Hodgson and William Adam Hodgson to correct a mistaken registration of common land register unit CL40 Commemoration Site, Burgh by Sands.
The Commons Registration Officer presented a location plan and maps of the site and outlined the applicant’s claims. She considered it reasonable to conclude that the Application met the statutory criteria for deregistration and recommended that the Committee accepted the Application.
It was moved by Mr Markley and seconded by Mr Bowness that the Committee accept the application. Following a vote cast as follows, 15 in favour of the motion, 0 against and 0 abstentions, it was
RESOLVED that, the common land register be amended on the grounds that the land in question immediately before its provisional registration was not land subject to rights of common, waste land of a manor, a town or village green or land of a specified in Section 11 of the Inclosure Act 1845.
120 COMMONS REGISTRATION: - APPLICATION FOR REGISTRATION OF LAND TO THE WEST OF NEW CROFT, WIGTON AS A TOWN OR VILLAGE GREEN
2 8 A report was considered from the Executive Director – Economy and Infrastructure regarding Commons Registration: application for registration of land to the west of New Croft, Wigton as a Town or Village Green. The report advised that an application had been received from Rose Anne O’Hea to register land to the West of New Croft, Wigton as a town or village green.
The Commons Officer presented a location plan and overhead photographs of the land and outlined the applicant’s claims to register the land. She explained that for an application to be successful, each element of statutory criteria must be properly and strictly proved. She stated that after considering all available evidence, she was of the opinion that whilst there was some evidence that the application land has been used for recreational activities for over 20 years by a number of people living in the houses which back onto the Application Land, a number of the statutory criteria for registration had not been satisfied. She recommended that the Committee rejected the application so that the Application Land was not added to the Council’s register of town or village greens.
A member expressed that he thought the definition of ‘neighbourhood’ was unfortunately too narrow to agree the application for registration for this piece of land.
It was moved by Mr McGuckin and seconded by Mr McEwan that the application be rejected. Following a vote cast as follows, 15 in favour of the motion, 0 against and 0 abstentions, it was
RESOLVED that, the Committee reject the application on the ground that the statutory requirements contained at section 15(2) of the Commons Act 2006 have not been met.
121 COMMONS REGISTRATION: - APPLICATION FOR REGISTRATION OF LAND ADJACENT TO WEST ROAD, WIGTON AS A TOWN OR VILLAGE GREEN
A report was considered from the Executive Director – Economy and Infrastructure regarding Commons Registration: application for registration of land adjacent to West Road, Wigton as a Town or Village Green. The report advised that an application had been received from Rose Anne O’Hea to register land adjacent to West Road, Wigton as a town or village green. The Application was made under section 15 of the Commons Act 2006. The Commons Officer explained that the application related to a parcel of land at Wigton adjacent to the one which was subject to the application for registration of land to the west of New Croft, Wigton as a Town or Village Green, considered by members immediately before this application. A location plan and map were presented, the application was outlined and the legal criteria which must be met to register land was explained. She reported on the objections that had been submitted. The Commons Officer explained that having considered the application, she was of the opinion that there was insufficient evidence of use and, what
3 9 evidence there was, was of poor quality. She agreed with objectors that none of the statutory criteria had been satisfied and recommended the application be rejected. In moving that the application be rejected, Mr Markley stated that he considered this to be a weak application. In seconding this motion, Mr Fisher drew members’ attention to a document for the public which was a step by step guide for applying for Town or Village Green status. Following a vote cast as follows, 15 in favour of the motion, 0 against and 0 abstentions, it was RESOLVED that, the application be rejected on the grounds that the statutory requirements contained at section 15(2) of the Commons Act 2006 have not been met
122 HIGHWAYS ACT 1980 SECTION 119 - APPLICATION TO DIVERT PUBLIC FOOTPATH NO 372030 IN THE PARISH OF WARCOP: DISTRICT OF EDEN
A report was considered from the Executive Director – Economy and Infrastructure regarding Highways Act 1980 Section 119 – Application to divert public footpath no 372030 in the parish of Warcop: district of Eden. The report advised that an application had been received to divert a section of public footpath no 372030 at the Warcop Training Area in the parish of Warcop district of Eden.
The Countryside Access Officer explained that the applicant for agenda items 9 and 10 was the same landowner and as the two cases were located next to each other, he had prepared an overview slide to aid with understanding of the situation. He reported that the Ministry of Defence (MoD) was the landowner who had two public rights of way that were within close proximity to a live firing range. The MoD wished to move the rights of way further away from the firing range. It was reported that by working closely with the Countryside Access Officers, a safe and convenient alternate route outside the Impact Area had been devised and agreed by the Defence Infrastructure Organisation. The Countryside Access Officer was satisfied that the proposed changes passed the relevant legal tests and recommended that the recommendation in the report be agreed.
Following questions from members, the Countryside Access Officer confirmed that although use of the paths would be heavily restricted (in comparison to the use of other footpaths off the MoD site), the new route would be permanent and could only be altered by a legal order. He indicated that the new routes would be very well way marked for reasons of public safety and convenience. A query was raised on the use of local fishponds, however it was confirmed that these did not have a public route leading to them.
Mr Markley moved that the order be made as he wanted to ensure the safety of the public. This was seconded by Mr Fisher.
A member raised that a piece of MoD owned land in West Cumbria had been closed to public access due to its contamination. He stated that should the land at Warcop be returned to the public, it should be established that the MoD clean it. The
4 10 Manager Development Control and Sustainable Development advised that this request stood outside the legislation used to determine the application, however when he met with the MoD he would raise this.
Following a vote cast as follows, in favour of the motion: 15, against: 0, abstentions: 0 it was
RESOLVED that, pursuant to the power set out at Part 2G paragraph 2.1(g) (iii) of the Council’s Constitution, an order be made under Section 119 of the Highways Act 1980 to divert that section of public footpath no 372030 in the parish of Warcop shown A-B to a new route A-C-D-E-F-G-H-B and that all necessary actions be taken to confirm the order.
123 HIGHWAYS ACT 1980 SECTION 119 - APPLICATION TO DIVERT PUBLIC FOOTPATH NO 372031 AND PUBLIC BRIDLEWAY NO 372033 IN THE PARISHES OF WARCOP: DISTRICT OF EDEN
A report was considered from the Executive Director – Economy and Infrastructure regarding Highways Act 1980 Section 119 – Application to divert public footpath no 372031 and public bridleway no 372033 in the parishes of Warcop: district of Eden. The report advised that an application had been received to divert sections of public footpath no 372031 and public bridleway no 372033 at the Warcop Training Area in the parish of Warcop district of Eden.
The Countryside Access Officer presented a map showing the diversion and explained that the proposed diversion would connect the public bridleway to the A66 where a minor highway on the south side of the carriage way created a viable link to other rights of way in the area. He was satisfied that the proposed changes passed the relevant legal tests and recommended that the recommendation in the report be approved.
It was moved by Mrs Gray and seconded by Mr Graham that the Order be made. Following a vote cast as follows, in favour of the motion: 15, against: 0, abstain: 0 it was
RESOLVED that, pursuant to the power set out at Part 2G paragraph 2.1(g) (iii) of the Council’s Constitution, an order be made under Section 119 of the Highways Act 1980 to divert
(i) That section of public footpath no 372031 in the parish of Warcop shown N-B to a new route N-O-P-Q-R-S in the parish of Warcop and a new route S-H in the parish of Musgrave; and
(ii) That section of public bridleway no 372033 in the parish of Warcop shown A-B to a new route A-C in the parish of Warcop and a new route C-D-E-F-G-H-I-J- K-L-M in the parish of Musgrave
5 11 And that all necessary actions be taken to confirm the order.
124 WILDLIFE & COUNTRYSIDE ACT 1981 - SECTION 53 APPLICATION TO MODIFY A SECTION OF PUBLIC FOOTPATH NO 126003 PARISH OF NICHOLFOREST: DISTRICT OF CARLISLE
A report was considered from the Executive Director – Economy and Infrastructure regarding the Wildlife and Countryside Act 1981 – Section 53 application to modify a section of public footpath no 126003 parish of Nicholforest: district of Carlisle. The report advised that an application had been received to modify a section of public footpath no 126003 on the Definitive Map and Statement at the Kingfield Estate, Penton in the parish of Nicholforest. The Countryside Access Officer explained that agenda items 11 and 12 were linked and presented an overview slide to help with understanding the situation. He explained that the landowner did not agree with the recorded alignment of a public right of way across their property but had not provided sufficient evidence to convince Officers to recommend making a legal order to alter the location of the path. Consequently, the landowner had agreed to an alternative 1980 Highways Act S119 diversion order. He reported on his work with the applicant to seek a mutually acceptable remedy to the situation but concluded that the applicant had failed to satisfy the strict burden of proof that the Definitive Map and Statement were incorrect and therefore recommended that the modification order should be rejected.
After being asked to provide clarification on the B-C section for which there were three evidence statements and whether they were accepted as evidence, the Countryside Access Officer explained that it had to be considered whether there was sufficient evidence to show that end point C should instead be located at point D. He explained that route B-C was an inconvenient route as there were a lot of steps however, route A-D although not perfect, had not received any objections during the consultation process.
In response to a member question about the farm and the diversion through the buildings, the Countryside Access Officer advised that it was a working farm and explained the local terrain along the existing recorded alignment which included fences and a stream. He added that there wasn’t enough evidence to prove that a mistake had been made when the Definitive Map and Statement was produced.
It was moved by Mr Fisher and seconded by Mrs Gray that the application be rejected. Following a vote cast as follows, in favour of the motion: 15, against: 0, abstain: 0 it was
RESOLVED that, the application to modify the route of public footpath no 126003 in the parish of Nicholforest be rejected.
125 HIGHWAYS ACT 1980 SECTION 119 APPLICATION TO DIVERT PUBLIC FOOTPATH NO 126003 PARISH OF NICHOLFOREST: DISTRICT OF CARLISLE
6 12 A report was considered from the Executive Director – Economy and Infrastructure regarding the Highways Act 1980 Section 119 Application to divert public footpath no 126003 parish of Nicholforest: district of Carlisle. The report advised that an application has been received to divert sections of public footpath no 126003 in the Parish of Nicholforest.
The Countryside Access Officer presented a map of the diversion route and outlined the existing definitive route. He considered that the proposed route would offer a more logical, easier and accessible route and in doing would reduce the future maintenance burden on the land manager and County Council. He concluded that the proposed diversion passed the legal tests and recommended that the order as set out in the report was made.
Mr Markley moved that the order to divert the footpath be made. This was seconded by Mrs Gray. Following a vote cast as follows, in favour of the motion: 15, against: 0, abstain: 0, it was
RESOLVED that, pursuant to the power set out at Part 2G paragraph 2.1(g)(iii) of the Council’s Constitution, an order be made under Section 119 of the Highways Act 1980 to divert those sections of public footpath no 126003 in the parish of Nicholforest as shown A-B to a new route A-E- F-B and C-D to a new route C-G-H-I as shown on the plan at Appendix A and that all necessary action be taken to confirm the order.
126 5/19/9006 CHANGE OF USE FROM AGRICULTURAL FIELD TO WASTEWATER TREATMENT WORKS EXTENSION TO ALLOW FOR INCREASES TO THE CAPACITY OF THE WASTEWATER TREATMENT PROCESS TO ACCOMMODATE POPULATION GROWTH IN THE AREA. LOCATION: LAND ADJACENT TO THE ENDMOOR WASTEWATER TREATMENT WORKS, ENYEAT ROAD, ENDMOOR, NEAR KENDAL, LA7 7NW
A report was considered from the Executive Director – Economy and Infrastructure regarding planning application no 5/19/9006, Change of use from agricultural field to wastewater treatment works extension to allow for increases to the capacity of the wastewater treatment process to accommodate population growth in the area. Location: Land adjacent to the Endmoor Wastewater Treatment Works, Enyeat Road, Endmoor, Near Kendal, LA7 7NW.
The Planning Officer guided members through the retrospective planning application, advising that the original scheme was granted Planning Permission under delegated powers on 31 July 2018. He explained that the contractor had constructed the site but had had changed some aspects of the scheme to reflect engineering constraints. An aerial photograph was presented and members were informed that the site footprints were slightly different. A number of photographs were shown from different viewpoints which highlighted topography, barriers and houses near the location. Slides were presented showing the previous approved
7 13 scheme and current proposal. Members’ attention was drawn to an image from an objector who considered that the tree planting was inadequate for screening.
Members’ attention was drawn to a black chain link fence, weathered concrete and galvanised handrails and barriers. A photograph was shown which showed the two schemes side by side which showed that the works were broadly similar. The Planning Officer talked about the planting in the proposed scheme. He detailed the objections from a resident which related to a number of issues which included inadequate screening and species of tree used in the planting. He then read out further comments from the objector which were outlined in the circulated update sheet and highlighted that there had not been enough time to obtain a response from the applicant to present to the Committee. The Planning Officer considered that the application met planning polices and addressed relevant material considerations. The Planning Officer indicated on a map to members where the objector lived. A member reported that he had received an email from the objector outlining their objections regarding planting, however the whole Committee had not received the email. The Manager Development Control and Sustainable Development acknowledged that not all members had received the email, however the Planning Officer had outlined the planting scheme. The Local Member, Mr Bingham stated that he knew the site well, supported the development and reported that the lane was well used but acknowledged the objector’s points about planting. He moved that planting was increased and an additional condition be included in the permission to reflect this. This was seconded by Mr Markley. The Manager Development Control and Sustainable Development advised that adding an additional landscaping condition to the permission was acceptable. Following a question from a member regarding ownership of the nearby hedgerow and whether it could be grown to improve screening, the Planning Officer advised that the Hedgerow was not in the ownership of the applicant. It was queried whether there was provision within the permission to check that planting continued to grow to ensure screening whilst another member suggested the local farmer could grow his hedge higher for screening purposes. The Planning Officer outlined that the landscaping scheme required planting to be removed and replaced after five years. Following a vote to grant planning permission, subject to conditions and with the inclusion of an additional landscaping condition, cast as follows, in favour of the motion: 15, against: 0, abstain: 0, it was
RESOLVED that, Planning Permission be granted subject to conditions set out in Appendix 1 of the report and additional condition as set out below:
Notwithstanding the details shown on landscaping plan 80014814-01-C2V-ENDMO- DR-T-05102 Revision P07 and the requirements of condition 2, within 3 months of the date of this permission a scheme for additional planting shall be submitted to the County Council for approval in writing. The scheme shall propose additional tree
8 14 and shrub planting to improve visual screening of the site. The additional planting as approved shall be carried out in the first planting season following approval and any trees or plants which die, are removed or become seriously damaged or diseased within 5 years of planting shall be replaced in the next planting season with a specimen of a similar species.
Reason In order to enhance the appearance of the development and minimise the visual impact of the site in accordance with policy DC18 of the CMWLP.
127 APPLICATIONS DETERMINED UNDER DELEGATED POWERS
RESOLVED that, the list of applications determined under delegated powers be noted.
128 APPLICATIONS PROPOSED TO BE DETERMINED UNDER DELEGATED POWERS
The Manager Development Control and Sustainable Development drew members’ attention to planning application 4/19/9009 at Drigg Low Level Waste disposal site. He confirmed that the Parish Council had been consulted on this application and the response period had been extended. If a response highlighting concerns was received, this application would be determined by the Committee.
RESOLVED that, the list of applications proposed to be determined under delegated powers be noted.
129 FORWARD PLAN
The Committee’s Forward Plan was considered. Members were advised of a possible site visit to Land at the Celtic, Walney Island in May 2020.
RESOLVED that, the Forward Plan be noted
130 DATE AND TIME OF NEXT MEETING
RESOLVED that, the list of future meeting dates be noted.
The meeting ended at 11.10 am
9 15 This page is intentionally left blank DEVELOPMENT CONTROL AND REGULATION COMMITTEE
Minutes of a Meeting of the Development Control and Regulation Committee held on Tuesday, 9 June 2020 at 10.00 am. This was a virtual meeting, held online.
PRESENT:
Mr GD Cook (Chair)
Mr A McGuckin (Vice-Chair) Mr JS Holliday Mr RK Bingham Mr AJ Markley Mr A Bowness Mr W McEwan Mrs HF Carrick Mr FI Morgan Mr F Cassidy Mr CP Turner Mr N Cotton Mr MH Worth Mrs BC Gray Mr D Gawne Mr D English Mr K Hitchen Mr KR Hamilton
Also in Attendance:-
Philippa Christie - Solicitor Richard Cryer - Lead Officer - Development Control Paul Haggin - Manager Development Control and Sustainable Development David Hughes - Planning Officer Edward Page - Planning Officer Jayne Petersen - Planning Officer Andy Sims - Countryside Access Officer
PART 1 – ITEMS CONSIDERED IN THE PRESENCE OF THE PUBLIC AND PRESS
131 ROLL CALL AND APOLOGIES FOR ABSENCE
Before the business of the meeting commenced, the Chair announced the sad death of Councillor Lawrence Fisher, who had been a long standing member of the Committee. A minute’s silence was held in honour of Councillor Fisher.
A roll call was taken of members and officers present online.
Apologies for absence were received from Mr D Wilson.
132 CHANGES IN MEMBERSHIP
17 It was noted that Mr Hitchen had replaced Mr Wilson as a member of the Committee for this meeting only. Mr Gawne was the Conservative Group replacement following the sad death of Mr Fisher.
133 DISCLOSURES OF INTEREST
Mr Bingham declared a non-pecuniary interest in Agenda Item 11, Application Reference No. 5/20/9002 & 5/20/9003 Change of use for temporary storage and crushing of road planings prior to recycling. Sandside Quarry, Sandside, Milnthorpe CA7 7HW. The application had been considered by Milnthorpe Parish Council where he had expressed a view. He would not vote on this application.
Mr Turner declared a non-pecuniary interest in Agenda Item 10, Application Reference No. 4/20/9002. Proposal: Section 73 planning application to amend planning permission 4/91/0315 to remove conditions 1, 2, 3, 4 and 5 granted by Copeland Borough Council as the conditions have either been complied with or are no longer required. Location: Sellafield, Seascale, Cumbria, CA20 1PG. He had heard comments on the application made at Parish Council meetings but had not taken part in them, nor formed a view. He would vote on this application.
134 EXCLUSION OF PRESS AND PUBLIC
RESOLVED that, the press and public not be excluded during consideration of any items of business.
135 MINUTES
Corrections as follows:
Page 11, Minute 123, 3rd Paragraph. Replace Mr Graham with Mr Fisher. Page 13, Minute 125, 2nd Paragraph. 3rd line, add the word ‘so’ after ‘doing’.
The minutes would be reviewed again at the 8 July 2020 meeting after confirmation from the relevant officer of the following:
Page 8, Minute 119, Resolution, penultimate line, officer to review the wording.
Page 14, Minute 126, last paragraph, confirmation of the members moving and seconding the motion.
Page 15, Minute 126 confirmation be provided on the 3rd line ’are removed’ to be replaced by ‘are replaced’
136 HIGHWAYS ACT 1980 SECTION 119 APPLICATION TO DIVERT PUBLIC FOOTPATH NO 109124 CITY OF CARLISLE
A report was considered from the Executive Director – Economy and Infrastructure regarding Highways Act 1980 Section 119 Application to divert public footpath no 109124 city of Carlisle.
2 18 The Countryside Access Officer presented maps of the location to the Committee, explained the route and set out the background to the application. He presented photographs of the location, with one showing the start of the route. He explained that the costs would be paid by the landowner who was the applicant. He advised on the consultation responses, reporting that no objections had been received. He highlighted that Cumbria and Lakes Local Access Forum had expressed concern over the width of the route and that this would be addressed before the implementation of the Order. He recommended that the order be approved. A member questioned the legality of the development of adjacent land incrementally encroaching onto the historic and recorded alignment over time and queried how it could be ensured that further encroachment would not take place onto County Council funded improvement works. The Countryside Access Officer advised that the applicant would only pay for the works on the section he owned where there was the majority of the encroachment and he considered it appropriate for part of the improvement works to be paid for by the County Council using its Rights of Way budget. The Countryside Access Officer explained that in the past, the path had not had a recorded width so it was difficult to tell people not to encroach onto the path. This order would now be a permanent record of the path’s width. It was moved by Mr Markley and seconded by Mr McEwan that the recommendation as set out in the report be agreed. A roll call vote was taken. Members confirmed if they were present and connected for the whole Agenda Item. Following a vote cast as follows, in Favour: 18, Against: 0, Abstain: 0, it was
RESOLVED that, pursuant to the power set out at Part 2G paragraph 2.1(g) (iii) of the Council’s Constitution, an order be made under Section 119 of the Highways Act 1980 to divert a section of public footpath no 109124 in the City of Carlisle as shown A-B to a new route A-C-D- E-F-G-H-I as shown on the plan at Appendix 1 of the report and that all necessary action be taken to confirm the order.
137 HIGHWAYS ACT 1980 SECTION 119 APPLICATION TO DIVERT PUBLIC FOOTPATH NO 119003 PARISH OF IRTHINGTON: DISTRICT OF CARLISLE
A report was considered from the Executive Director – Economy and Infrastructure regarding Highways Act 1980 Section 119 Application to divert public footpath no 119003 parish of Irthington: District of Carlisle. The Countryside Access Officer presented a map showing the existing path and explained the route. An overhead view of the locations showing the landscape was shown. He explained the work required and gave his view that the diversion would not be a less convenient route and passed all the legal tests, highlighting that the order would be made in the interest of the landowner.
3 19 A member commented that the area was of great archaeological importance and questioned whether heritage organisations had been consulted on the application. The Countryside Access Officer did not think that the organisations were statutory consultees but would make enquiries and report back to the member. A member asked for clarification on the owner of adjacent pasture land. The Countryside Access Officer advised that this belonged to the applicant landowner. It was moved by Mr Markley and seconded by Mr Cassidy that the recommendation, as set out in the report be agreed. A roll call vote was taken. Members confirmed if they were present and connected for the whole Agenda Item. Following a vote cast as follows, in Favour: 18, Against: 0, Abstain: 0 it was
RESOLVED that, pursuant to the power set out at Part 2G paragraph 2.1(g) (iii) of the Council’s Constitution, an order be made under Section 119 of the Highways Act 1980 to divert a section of public footpath no 119003 in the parish of Irthington as shown A-B to a new route C- D-E-F-G-H-B as shown on the plan at Appendix A of the report and that all necessary action be taken to confirm the order.
138 WILDLIFE & COUNTRYSIDE ACT 1981 - SECTION 53 APPLICATION TO MODIFY A SECTION OF PUBLIC FOOTPATH NO 423011 PARISH OF ST BEES: DISTRICT OF COPELAND
A report was considered from the Executive Director – Economy and Infrastructure regarding the Wildlife and Countryside Act 1981 – Section 53 Application to modify a section of public footpath no 423011 parish of St Bees: district of Copeland. The Countryside Access Officer presented a slide which indicated that the route had been recorded in the wrong place. He explained the route in detail explaining that it appeared to be recorded in the wrong position where it crossed the railway line and highlighted that the Definitive Statement referred to the path as going “to and under the railway”. He reported that there was no evidence on the ground to suggest the presence of an underpass for the recorded line and historic plans depicted the surface crossing and steps on the western embankment. From the photographs presented, he considered the historically walked route crossed the railway via a wooden platform with 2 to 3 steps at either end before continuing down the embankment on 15 concrete steps. He stated that it was the County Council’s statutory duty to keep the Definitive Map and Statement of Rights of Way under continuous review and considered that there was sufficient evidence to demonstrate that a mistake was made at the time the Definitive Map was drawn. He recommended that the appropriate Order be made to correct the anomaly. It was moved by Mr Turner and seconded by Mr McEwan that the recommendation, as set out in the report be agreed.
4 20 A roll call vote was taken. Members confirmed if they were present and connected for the whole Agenda Item. Following a vote cast as follows, in Favour: 18, Against: 0, Abstain: 0, it was RESOLVED that, 1 Members authorise the Chief Legal Officer, Corporate, Governance and Community to make an order under section 53(3)(c)(i) and (iii) of the Wildlife and Countryside Act 1981, the effect of which, if confirmed, would be delete a section of public footpath no 423011, in the parish of St Bees as shown A-B on the plan at Appendix A of the report and add a section of public footpath no 423011, in the parish of St Bees as A-C-D-E-F-B on the plan at Appendix A of the report to the County Council’s Definitive Map and Statement of Public Rights of Way
2 If there are no objections to the made order Members authorise the Chief Legal Officer, Corporate, Governance and Community to confirm the order.
139 APPLICATION REFERENCE NO. 1/20/9003. PROPOSAL: EXTENSION OF HARD SURFACED PLAYGROUND. LOCATION: ROCKCLIFFE C OF E PRIMARY SCHOOL, ROCKCLIFFE, CARLISLE, CA6 4AA
A report was considered from the Executive Director – Economy and Infrastructure regarding planning application reference No. 1/20/9003. Proposal: Extension of Hard Surfaced Playground. Location: Rockcliffe C of E Primary School, Rockcliffe, Carlisle, CA6 4AA. The Planning Officer presented a number of slides showing a location site plan and aerial photographs which included the playing field. These showed hedgerows plus the northern and eastern boundaries as well as the dwellings to the eastern side of the school. Members’ attention was drawn to the Update sheet, circulated prior to the meeting which indicated that the live reserved matters housing application referenced in the report was scheduled to return to Carlisle City Council’s Development Control and Regulation Committee meeting on 19 June 2020. Photographs were shown of the existing playground, the area to be resurfaced and the MUGA located nearby. The Planning Officer drew members’ attention to the Planning Assessment which highlighted that the key planning issue was considered to be whether the proposed development of part of the playing field would be acceptable in this instance. He talked members through the reasons why the proposal complied with planning policies concerning development of playing fields and recommended that the application be granted subject to conditions.
It was moved by Mr McGuckin and seconded by Mr Cotton that the recommendation, as set out in the report be agreed. A roll call vote was taken. Members confirmed if they were present and connected for the whole Agenda Item. Following a vote cast as follows, in Favour: 18, Against: 0, Abstain: 0 it was RESOLVED that, Planning Permission is granted subject to the conditions set out in
5 21 Appendix 1 to the report.
The meeting adjourned at 10.50 am and reconvened at 11.00am. A roll call was taken which confirmed that all members were present online.
140 APPLICATION REFERENCE NO. 4/20/9002. PROPOSAL: SECTION 73 PLANNING APPLICATION TO AMEND PLANNING PERMISSION 4/91/0315 TO REMOVE CONDITIONS 1, 2, 3, 4 AND 5 GRANTED BY COPELAND BOROUGH COUNCIL AS THE CONDITIONS HAVE EITHER BEEN COMPLIED WITH OR ARE NO LONGER REQUIRED. LOCATION: SELLAFIELD, SEASCALE, CUMBRIA, CA20 1PG
A report was considered from the Executive Director – Economy and Infrastructure regarding planning application Reference No. 4/20/9002. Proposal: Section 73 planning application to amend planning permission 4/91/0315 to remove conditions 1, 2, 3, 4 and 5 granted by Copeland Borough Council as the conditions have either been complied with or are no longer required. Location: Sellafield, Seascale, Cumbria, CA20 1PG. The Planning Officer clarified that the application was for the type of material stored inside the building. She referred to a late representation from Gosforth Parish Council and read out the following late representation ‘This application is being made as a result of the NDA's deliberate strategy to progress the development of a deep repository, although no funding will be available in the foreseeable future. Their inevitable failure to comply with reasonable conditions puts a gun to the head of the LA's involved. They (NDA/Sellafield Ltd) should be forced to build the safe, long term storage facilities required to protect workforce & community, preferably with an enforceable "ready for service" date’.
The Planning Officer presented a number of slides which included an aerial view of the site and explained the application, detailing the history behind the proposal and the planning conditions. She referred to the update sheet, circulated before the meeting and explained that the concerns of Ponsonby and Gosforth Parish Councils were addressed in the Planning Assessment. She guided members through the Planning Assessment and concluded that the interim storage solution would be acceptable until an alternative solution was found.
A member stated that there was no real alternative storage solution at present and considered that this type of storage solution could continue until there was a Geological Disposal Facility (GDF). He asked if there was any information on likely trends on GDF. The Planning Officer advised that this was a Government issue but that GDF implementation was identified for 2040.
In stating that that this was the only storage solution and considering this was the way forward to ensure the safety of the country, it was moved by Mr Markley and seconded by Mr McEwan that the recommendation, as set out in the report be agreed.
6 22 A roll call vote was taken. Members confirmed if they were present and connected for the whole Agenda Item. Following a vote cast as follows, in Favour: 18, Against: 0, Abstain: 0 it was RESOLVED that, the Section 73 Planning Application be granted subject to conditions set out in Appendix 1 to the report
141 APPLICATION REFERENCE NO. 5/20/9002 & 5/20/9003 CHANGE OF USE FOR TEMPORARY STORAGE AND CRUSHING OF ROAD PLANINGS PRIOR TO RECYCLING. SANDSIDE QUARRY, SANDSIDE, MILNTHORPE CA7 7HW
As he had declared a non-pecuniary interest in this item at the outset of the meeting, Mr Bingham did not vote on this item. A report was considered from the Executive Director – Economy and Infrastructure regarding planning application Reference No. 5/20/9002 & 5/20/9003 Change of use for temporary storage and crushing of road planings prior to recycling. Sandside Quarry, Sandside, Milnthorpe CA7 7HW. The Planning Officer presented a number of slides which included a map showing the location of the site, an aerial view of the quarry, the sites of the two locations and photographs from a number of viewpoints, showing the equipment to process the material. The quantities of material to be imported and the context of how much material was quarried was reported. The Planning Officer confirmed that there would not be an increase in traffic if permission was granted. He referred to the update sheet which had been circulated before the meeting and after explaining that part of the site was liable to flooding, he reported that development management colleagues were satisfied with the proposal. Following member questions relating to speeding vehicles, damage to the roadway and what the final use of the material produced was, the Planning Officer explained that although the state of the road and traffic was raised as a concern, this was a small amount of material. He confirmed that the final use of the material was incorporated into new asphalt, that quarrying had ended and the application would not impact on the site. A member raised that there were concerns about traffic movements at night and asked why this was necessary. The Planning Officer explained that this was necessary in order to be flexible when delivering the material as roads were repaired at night. He did not believe there would be an increase in noise at night. In confirming that road repairs were undertaken at night and explaining the repair process, it was moved by Mr Markley and seconded by Mr Morgan that the recommendation, as set out in the report be agreed. A roll call vote was taken. Members confirmed if they were present and connected for the whole Agenda Item. Following a vote cast as follows, in Favour: 17, Against: 0, Abstain: 0 it was RESOLVED that, Planning Permission be granted subject to conditions set out in
7 23 Appendix 1 to the report
142 APPLICATIONS DETERMINED UNDER DELEGATED POWERS
RESOLVED that, the list of applications determined under delegated powers be noted.
143 APPLICATIONS PROPOSED TO BE DETERMINED UNDER DELEGATED POWERS
RESOLVED that, the list of applications proposed to be determined under delegated powers be noted.
144 FORWARD PLAN
The Committee’s Forward Plan was considered.
The Manager Development Control and Sustainable Development reported on planning application no 4/17/9007, West Cumbria Mining. He explained the history behind the previous West Cumbria Mining planning applications considered by the Committee. The Committee would be considering application 4/17/9007 as the Section 106 agreement had not yet been released and West Cumbria Mining had offered additional information which had not yet been considered by the Committee. Consequently, it would be considered by the Committee at the 8 July meeting.
A number of members raised the importance of public participation at live streamed Committee meetings. The Chair advised that this matter was being resolved by officers. The Manager - Development Control and Sustainable Development advised that the procedure for the public to make representations would shortly be in the public domain in order for the public to participate at any meeting of the Committee.
RESOLVED that, the Forward Plan be noted.
145 DATE AND TIME OF NEXT MEETING
The next meeting of the Committee will be held on 8 July 2020 at 10.00am.
The meeting ended at 12.00 pm
8 24 Agenda Item 7
DEVELOPMENT CONTROL & REGULATION COMMITTEE Paper No. Meeting date: 8 July 2020
From: Executive Director – Economy and Infrastructure
HIGHWAYS ACT 1980 SECTION 119 APPLICATION TO DIVERT PUBLIC FOOTPATH NO 109097 CITY OF CARLISLE
1.0 EXECUTIVE SUMMARY
1.1 An application has been received to divert a section of public footpath no 109097 in the City of Carlisle.
1.2 This can be done under Sections 119 of the Highways Act 1980 and consultations have taken place so as to assist members to reach a decision as to whether or not a diversion order should be made.
1.3 The plan at Appendix A shows the proposal and a location plan is included at Appendix B.
2.0 POLICY POSITION, BUDGETARY AND EQUALITY IMPLICATIONS, AND LINKS TO COUNCIL PLAN
2.1 The relevant corporate theme is “To provide a safe and well managed highway network, secure infrastructure improvements and support local economic growth”.
2.2 The relevant procedure is an “administrative quasi-judicial” one. The conditions which must be satisfied for an order to be made and confirmed are that it should appear to Members “that it is expedient” for the public footpath to be diverted and that there is a need to make an order on the grounds set out in paragraph 5.1 of this report. Members have discretion as to whether or not to make an order, but such discretion must be exercised reasonably.
25 3.0 RECOMMENDATION
3.1 That, pursuant to the power set out at Part 2G paragraph 2.1(g)(iii) of the Council’s Constitution, an order be made under Section 119 of the Highways Act 1980 to divert a section of public footpath no 109097 in the City of Carlisle as shown A-B to a new route A-C-D-E-F-G as shown on the plan at Appendix A and that all necessary action be taken to confirm the order.
4.0 BACKGROUND
4.1 The proposed diversion order is in the interests of the landowner and the public.
4.2 The current route of the footpath no 109097 in the vicinity of the Turf Tavern is considered to be no longer practicable. Ground works and structures associated with Swifts Bank Car Park and The Sands Centre have introduced street furniture and vehicular traffic onto the recorded alignment increasing the potential risk to users.
4.3 The proposed diversion will partly utilise an existing sealed surface footway (section A-E) and require the construction of a new section of 1.8m wide sealed surface footway across amenity grassland (section F-G) to connect with the adopted footway on Newmarket Road. New dropped kerbs at points F & G will compliment an existing dropped kerb at point E, thereby creating a safer and accessible route.
4.4 Construction of the new route will be funded and undertaken by the Environment Agency being incorporated into the planned works to bolster the City’s flood defences in the vicinity of The Sands, thereby minimising disturbance to the user.
4.5 All costs associated with processing of the diversion order will be paid by the applicant.
Consultation
4.6 The statutory undertakers have been consulted and none are affected.
4.7 A consultation has been carried out with
Carlisle City Council – are the landowner and has consented to the diversion of the path
Ramblers – no response received
Local Ramblers representative – no response
Cumbria and Lakes Joint Local Access Forum (CAJLLAF) – supports the proposal
26 Byways and Bridleways Association – no response received
British Horse Society – no response received
Open Spaces Society – no response received
Cyclists' Touring Club – no response received
British Driving Society – no response received
Auto Cycle Union – no response received
4.9 The local member Alan McGuckin has been consulted and has made no formal response.
5.0 LEGAL IMPLICATIONS
5.1 Under Section 119(1) of the Highways Act 1980 we must be satisfied that in the interests of the owner, lessee or occupier of land crossed by the path or way or of the public, it is expedient that the line of the path or way, or part of that line, should be diverted.
5.2 The diversion must not alter any point of termination of the path, other than to another point on the same highway or a connected highway (Section 119(2) Highways Act 1980) and which is substantially as convenient to the public.
5.3 Further, under Section 119(6) of the Highways Act 1980, if no objections are received against the made order, we must be satisfied that the public footpath diversion is expedient and will not be substantially less convenient to the public in consequence of the diversion and that it is expedient to confirm the order having regard to the effect which:-
The diversion would have on public enjoyment of the path or way as a whole;
The coming into operation of the order would have as respects other land served by the existing right of way; and
Any new public right of way created by the order would have as respects the land over which right is so created and any land held with it.
5.4 Under Section 119(6A)(b) of the 1980 Highways Act, our Rights of Way Improvement Plan (now incorporated in the Cumbria Countryside Access Strategy) has been considered and the proposal accords with two of the five priority areas of work identified therein namely: Improving Rights of Way and Countryside Access and Managing Rights of Way and Countryside Access .
5.5 Under Part 2G paragraph 2.1(g) (iii) of the Constitution, the Committee has power to divert footpaths and bridleways.
27 6.0 OPTIONS
6.1 The Committee may accept or reject the recommendation. If the recommendation is accepted by Members and an order is made any objector will have an opportunity, before the order is confirmed to submit a further objection. The matter will then be referred to the Secretary of State for a decision as to whether or not the order should be confirmed in circumstances where the objection is not withdrawn.
7.0 ASSESSMENT AND CONCLUSION
7.1 No objections have been received as a result of consultations.
7.2 The proposed diversion will connect the existing cul-de-sac right of way to the adopted footway on Newmarket Road (public highway) via a newly constructed 1.8m wide accessible sealed surface path between points F & G, where dropped kerbs will be installed. Section A-E will utilise an existing sealed surface path with dropped kerb at E.
7.3 I am satisfied that the proposed diversion will not prove to be substantially less convenient to use compared to the existing definitive route
7.4 I therefore conclude that the proposed diversion passes the legal tests set out in Section 119 of the Highways Act 1980 and, if Members approve the recommendation in this report, the order should be made in the interests of the landowner and the public.
Angela Jones Executive Director – Economy and Infrastructure June 2020
APPENDICES
A Plan showing proposed diversion B Location plan
IMPLICATIONS
Staffing: Nil Financial: Nil Electoral Division: Castle – Alan McGuckin
PREVIOUS RELEVANT COUNCIL OR EXECUTIVE DECISIONS [Including Local Committees]
28 No relevant decisions
CONSIDERATION BY OVERVIEW AND SCRUTINY
Not considered by Overview and Scrutiny
BACKGROUND PAPERS
Cumbria Countryside Access Strategy.
Contact: Geoff Fewkes, Countryside Access Officer Email: [email protected]
29 Appendix A
30 APPENDIX A APPENDIXAppendix AAPPENDIX A A
Appendix A
Appendix B
31 This page is intentionally left blank Agenda Item 8
DEVELOPMENT CONTROL AND REGULATION COMMITTEE 8 July 2020 A report by the Executive Director for Economy and Infrastructure ______
Application Reference No. 5/20/9004 Application Type: Section 73 Application to Vary a Planning Condition Proposal: Vary Condition 1 of planning permission 5/16/9005 to allow continued use of the land as part of the Household Waste Recycling Centre (HWRC) for an extended time period of 5 years. Location: Kendal Household Waste Recycling Centre (HWRC), Canal Head North, Kendal, LA9 7BY Applicant: Cumbria County Council Waste Management Date Valid: 22 May 2020 Reason for Committee Level Decision: Application made by the Executive Director for Economy and Infrastructure ______
1.0 RECOMMENDATION
1.1 That planning permission be granted subject to the conditions set out in Appendix 1 to this report.
2.0 THE PROPOSAL
2.1 Planning permission is sought to vary condition 1 (temporary time limit) of planning permission 5/16/9005 so as to allow the continued use of a <0.15ha parcel of land as part of the Kendal Household Waste Recycling Centre (HWRC) at Canal Head North for a further 5 year time period (i.e. up to 29 August 2025). Five years are sought by the applicant as this length of time would replicate the operator’s forward planning timeframe and thus better assist with the financial and operational planning and management of the site.
3.0 SITE DESCRIPTION
3.1 The HWRC is centrally located within Kendal at the northern end of the former Lancaster Canal (the Canal Head). Highway access is via the unclassified road of Canal Head North which connects onto the primary route network (the A65 - Aynam Road) just south of Miller Bridge within the early stages of the southbound only part of the town’s one-way gyratory system.
3.2 The HWRC serves the principal service centre of Kendal and its outlying settlements. It is a modern, but relatively small (under 0.3ha), split-level bring-site facility with an internal layout designed to enable quick, safe and easy segregated deposition of large recyclables and other waste streams from vehicles by the public.
3.3 The HWRC is immediately bounded to the north and east by a circulatory road. Beyond this to the north lies the detached residential housing of Kirkbie Green, while Kendal Snow Sports Centre lies to the north-east. To the eastern side of the circulatory road is a tarmac surfaced car park beyond which is private 33
amenity land. To the south the site backs onto a wooded area and allotments. To its western side is the canal path shared-use path which is designated as a Public Right of Way (No. 536047) and forms part of Sustrans National Cycle Route 6. Beyond this is South Lakeland District Council’s refuse wagon depot.
3.4 The planning application site encompasses the eastern circulatory road and the southern portion of the HWRC site which contains a number of the smaller recycling bins and the on-ramp to the raised deposition area (and a few of the associated larger skip containers).
4.0 SITE PLANNING HISTORY
4.1 A household waste bunker has been present at Canal Head since 1979. In 1992 the site was granted planning permission to extend to accommodate the provision of containers for recyclable materials (Ref. 5/92/9012). This planning permission related to the north-western elements of the current site and is permanent (i.e. not time limited).
4.2 In 2003 an application (Ref. 5/03/9012) was submitted to further extend the area of the site to the south and east by 1,500m² so as to provide a modern HWRC facility with a segregated recycling area and provide more room for skip collection vehicles to manoeuvre. As part of this extension and re-configuration a new site entrance was created via the un-adopted road to the north of the site to provide a one-way system. The application was granted but was subject to a time restriction of two years to avoid long-term conflict with aspirations to restore the Kendal to Lancaster Canal. Since then six further applications have been granted to extend the time period for operation of the site (Refs. 5/06/9007, 5/08/9008, 5/10/9003, 5/12/9005, 5/14/9005, and 5/16/9005). The current planning permission (Ref. 5/16/9005) extended the time period for the application site by a four year period (in contrast to the preceding five permissions which had granted two year time extensions) in light of the then planning policy situation and previous five permissions. Planning condition 1 to planning permission 5/16/9005 restricts the life of this part of the site to 29th August 2020.
5.0 CONSULTATION RESPONSES AND REPRESENTATIONS
5.1 South Lakeland District Council Development Management (Planning) Department: No objection. Request that the applicant endeavours to find a permanent site to relocate the HWRC to in order to avoid the need for further time extensions in the future and to allow the long-term regeneration plans for the Kendal Canal Head Area to be realised.
5.2 South Lakeland District Council Environmental Health Department: No observations in respect of the proposed time extension.
5.3 Kendal Town Council: No objection. Requested that a timescale be provided as to the relocation of the HWRC to Kendal Fell Quarry or other suitable site. Relayed a copy of the minutes of the meeting at which the application was discussed. Within these one town councillor considered the five years sought to be reasonable as there appeared to be no movement on the regeneration of Canal Head. Another Town Councillor noted that the recent Kendal Future’s Kendal Vision talks about using the development of Canal Head to alleviate traffic on Aynam Road and expressed concern that acceptance of this application would simply be followed by a further application in another 5 years’ time to extend the term yet again. He commented that something needs to be done to 34
try and progress the development of Canal Head and the move of the HWRC. Another Town Councillor was minuted as having spoken on behalf of residents in the area and highlighting a number of complaints received by Ward Councillors regarding traffic using Canal Head, Gilkes and the lack of access for vehicles to turn.
5.4 Kendal Civic Society: No response received.
5.5 Environment Agency: No objection.
5.6 Cumbria County Council Highway & Lead Local Flood Authority: No objection. Consider the continued use of the site will have no impact on the local highway network and has no concerns in respect of surface water flooding.
5.7 Canal & River Trust: No comment.
5.8 Lancaster Canal Trust: No comment.
5.9 Local County Councillor Mrs Shirley Evans (representing the electoral division of Kendal Nether): Considers that Kendal HWRC is not in the right place due to:
a. its effective situation at the end of a cul-de-sac which promotes queues that “can and do, cause problems for local residents and businesses”; b. its proximity to a key leisure route for walking and cycling (Kendal Canal Path); c. the fact that it can only be accessed via the town’s one way system, and thus increases the volume of traffic through the centre of the town with journeys solely to deposit household waste. Considers that a reduction in traffic through the busy town centre is very desirable and that easy access to the town centre is important to support local high street shops. d. potential for odour. Notes that “while the site is generally well managed and there do not appear to be problems with smells, this can not be ruled out as a possibility given that it is a waste disposal site”.
5.10 Reports that she has had discussions with County Council officers about the possible relocation of the HWRC to somewhere else in Kendal and that she appreciates that finding a suitable site is not going to be easy. Provides views on the strengths and weaknesses of hypothetical alternative sites at Mintsfeet and Scroggs Wood. Feels that, despite the lack of funding available at this moment in time, that detailed plans should be drawn up for the relocation of the Kendal HWRC. Considers that the sale of the existing site could provide a notable financial return. Highlights that it is planned to transform Canal Head into an attractive area with cafes, offices, homes, retail developments and water spaces and that she would not want the HWRC to be a stumbling block to any reinstatement of the canal or regeneration of the area.
5.11 Acknowledges that “the timescales involved make it difficult to oppose the proposed extension. However I do think that it is vitally important that this is not taken as a reason to ‘kick the problem into the long grass’ for the next five years. The Kendal HWRC does need to be relocated. We need to use the time to look at the long term plans for this area of Kendal and come up with a solution”.
5.12 No representations from any members of the public have been received.
35
6.0 PLANNING POLICY
6.1 Section 38(6) of the Planning & Compulsory Purchase Act 2004 provides that planning applications must be determined in accordance with the development plan unless material considerations indicate otherwise. Government policy is a material consideration that must be given appropriate weight in the decision making process.
6.2 The Cumbria Minerals and Waste Local Plan 2015-2030 (CMWLP) was formally adopted on 6 September 2017. The key policies relevant to the determination of this planning application are considered to be:
. Policy SP1 - Presumption in Favour of Sustainable Development; . Policy SP2 - Provision for Waste; . Policy SP3 - Waste Capacity; . Policy SP14 - Economic Benefit; . Policy DC1 - Traffic and Transport; . Policy DC2 - General Criteria; . Policy DC3 - Noise; . Policy DC6 - Cumulative Environmental Impacts . Policy DC9 - Criteria for Waste Management Facilities; . Policy DC17 - Historic Environment; . Policy DC18 - Landscape and Visual Impact; . Policy DC19 - Flood Risk; . Policy SAP1 - Household Waste Recycling Centres (HWRC) - Site Allocation SL01B - Land adjacent to Kendal Fell Quarry to replace the HWRC at Canal Head.
6.3 The Mineral & Waste Development Scheme timetable published in July 2018 set out that a formal decision on whether or not to commence work on a new minerals and waste local plan would be made before 6 September 2022. The review process that informs this is currently scheduled to commence in July 2021 after the publication of the annual Local Plan Monitoring Report. One of the issues flagged-up in recent Annual Monitoring Reports is that proposals are not coming forward for replacement HWRC sites.
6.4 Some strategic, area based and thematic policies of South Lakeland District Council’s Local Development Plan are also of relevance to the determination of these applications. South Lakeland District Council’s Local Plan covering the application area currently comprises of the following:
. South Lakeland Core Strategy (SL-CS) - adopted 20 October 2010
. South Lakeland Local Plan Land Allocation Development Plan Document Policies (SL-LA) - adopted 17 December 2013.
. South Lakeland Development Management Policies Development Plan Document (SL-DMP) - adopted 28 March 2019.
6.5 The following policies from the above documents are considered to be of some relevance to the determination of these planning applications:
. CS2 - Kendal Strategy; . CS8.2 - Protection and enhancement of landscape and settlement character; . DM1 - General Requirements for all development; 36
. DM3 - Historic Environment; . DM5 - Rights of Way and other routes providing pedestrian, cycle and equestrian access; . DM6 - Flood Risk Management and Sustainable Drainage Systems; . DM10 - Safeguarding Land for Future Transport Infrastructure Improvements; . DM24 - Kendal Town Centre and Kendal Canal Head Area;
6.6 The SL-LA delineates the Kendal Canal Head Area (which encompasses Kendal HWRC) as to be subject to a separate Area Action Plan development plan document. Map 1.1 of the SL-LA shows the protected route of the Lancaster Canal and allocated areas of public and amenity space around the HWRC. The SL-DMP provided some amendments and additions to the previously established allocations in the Kendal Canal Head Area (see: Appendix 2 of SL-DMP). There were no changes to the unallocated (“white land”) status of the HWRC site. Land to the east of the HWRC site was deallocated from being “Amenity Open Space (no public access)”.
6.7 South Lakeland District Council has recently commenced early engagement work on a new consolidated “single” Local Plan to cover up until 2040. Their early engagement leaflet published in February 2020 sets out that they envisage an Issues and Options Consultation commencing in Autumn 2020 with adoption of the new Local Plan taking place by the end of 2023.
6.8 The National Planning Policy Framework (NPPF) was published in a revised form in June 2019. The national online Planning Practice Guidance (PPG) suite was launched in March 2014 and is continually updated. Both are material considerations in the determination of planning applications. The following sections and paragraphs of the NPPF are considered to be relevant to the determination of this application:
. Section 2. Achieving sustainable development - Paragraphs 7, 8, 9, 10, 11 and 12; . Section 8. Promoting healthy and safe communities - Paragraphs 91 and 92; . Section 11. Making effective use of land – Paragraphs 117 and 120.
6.9 The following sections (and paragraphs) of the PPG are also of particular relevance to the determination of this application:
. Determining a planning application - Paragraph: 010 Reference ID: 21b-010- 20190315 - Can local planning authorities take the planning history of a site into account when determining an application for planning permission? . Effective use of land - Paragraph: 001 Reference ID: 66-001-20190722 - What evidence can be used to help determine whether land should be reallocated for a more deliverable use? - Paragraph: 003 Reference ID: 66-003-20190722 - How can local planning authorities encourage best use of under-utilised land in the short term? . Use of Planning Conditions – Paragraph: 014 Reference ID: 21a-014- 20140306 - When can conditions be used to grant planning permission for a use for a temporary period only? . Waste - Paragraph: 047 Reference ID: 28-047-20141016 - Should existing waste facilities be expanded/extended?
37
6.10 The National Planning Policy for Waste (NPPW), published on 16 October 2014, has also been taken into account. In doing so, particular attention has been paid to Paragraph 7 which concerns the determination of waste planning applications.
7.0 PLANNING ASSESSMENT
Is there a need to grant a further planning permission?
7.1 The existing temporary planning permission for the use and operation of Kendal HWRC on the south-eastern land component of the site is due to expire on 29th August 2020. Kendal HWRC currently handles approximately 5,000 tonnes of waste per annum. Vehicle count data for the site for the past five financial years ranges from a low of 104,549 per annum in 2019-2020 to a high of 122,493 per annum in 2015-2016. As such the HWRC receives a high level of usage. Further to this it is currently operating at an annual average recycling rate of 70% and thus makes an important contribution to targets for recycling of waste and the diversion of waste from landfill. The nearest existing alternative HWRC sites to Kendal are those in Ambleside (approx. 13 miles) and Grange (approx. 14 miles) and the latter is only open 3 days per week. There is clearly a continued need to provide a convenient waste deposit, sorting, aggregation and transfer facility within (or in close proximity to) the principal service centre of Kendal in order to provide for an integrated network of waste management facilities (to support targets for recycling and diversion of waste from landfill) and in order minimise waste road miles / carbon emissions in line with CWLP policies SP2, SP3, DC1 and DC2.
7.2 If planning permission for the continued use of this parcel of land was refused the site would ultimately have to be physically re-configured to operate within a smaller area half of the size of the current site (i.e. the part of the site with a permanent planning permission) or be completely closed and relocate to another site (once identified and developed). The former scenario would create greater potential for negative externalities in the immediate locality in terms of traffic congestion and queueing. Unfortunately alternative sites for Kendal HWRC have not materialised over the last decade.
Would a further temporary time period extension be acceptable?
7.3 Principle to the consideration of the above question, is the related question of whether the retention of the parcel of land in a HWRC use for a further temporary period would prejudice the regeneration of Canal Head. Policy CS2 of the SL-CS identifies the Kendal Canal Head area as a regeneration area. Policy DC6 of the CMWLP sets out that waste development proposals will be assessed in light of other nearby land-uses and that considerations will include, amongst other aspects, impacts on the wider economy and regeneration.
7.4 Policy DM24 of the SL-DMP establishes a framework for consideration of proposals in the Kendal Canal Head Area. It stipulates that the Council will, amongst other aspects, :-
“encourage proposals that complement the offer within the town centre, with the priority emphasis on employment uses, alongside a mix of other uses including leisure, entertainment, tourism, recreational and housing”; 38
“safeguard the route of the Lancaster Canal, encouraging development that enhances its recreational/green corridor function, and its, social, economic, historic and cultural value”;
7.5 Policy DM10 of the SL-DMP echoes this latter aspect; requiring development proposals to protect the line of the Lancaster Canal and sets out that “development will be permitted provided it does not prevent or impair opportunities for restoration… or harm its visual amenity”. The current development plan does not define the extent of the historic footprint of the canal or area required for its reinstatement, only showing an approximate line of the route on their policy maps. Figure 1 below illustrates that the HWRC does not cover the footprint of the old canal basin, but is immediately adjacent to it. This immediate proximity could potentially impair opportunities for the canal’s restoration.
FIGURE 1: WESTMORLAND 2ND EDITION MAP (1896-1904) showing the old canal extent and how it relates to Kendal HWRC. The blue line represents the full HWRC site and the red line the area that is subject to this planning application.
7.6 In light of the continued (and recently refined) planning policy ambitions for a mixed-use regeneration of this area of Kendal, it is considered that any proposal to grant a permanent planning permission for this part of the HWRC site would not be compatible with the above planning policies. It is within this overarching policy context that a further temporary permission represents a better planning policy fit. This is in line with Paragraph 014 (Reference ID: 21a-014-20140306) of the PPG which qualifies it’s statement that it “will rarely be justifiable to grant a second temporary permission” with the exception of cases “where changing circumstances provide a clear rationale” and where it is considered appropriate to enable the temporary use of land “prior to any longer-term proposals coming forward (a ‘meanwhile use’)”. Consequently a further temporary time extension is 39
considered reasonable proposition and to not represent a departure from planning policy in this instance (that is to say, by only allowing the continued use for a temporary period). The next question that follows is whether the five year time period sought is reasonable within the context of existing and emerging planning policy; in light of actual development on the ground and likely to come forward; and the environmental impacts of the site.
Would the additional five year time period sought be reasonable and acceptable?
7.7 There are currently no specific land allocations for future development of the existing HWRC site or any land immediately adjoining the site within South Lakeland District Council’s adopted development plan documents. South Lakeland District Council has not yet commenced its call for sites for site allocations as part of its new single local plan. As established at paragraph 6.6, this new local plan is unlikely to be adopted until winter 2023 at the very earliest. Consequently any proposals which seek to come forward through the site allocation process would be unlikely to commence on site until 2-3 years after adoption of the plan. As such the proposed five year time extension sought would not constrain regeneration of this area in this scenario.
7.8 South Lakeland District Council’s Development Management Team report that they have not had any pre-application discussions concerning any new development at, or within the immediate proximity of, the HWRC. The SL-LA sets out that, depending on the size of the development, that it generally takes 1 to 2 years for a proposal to be designed and gain planning permission. Recent SLDC figures suggest that it generally takes 9 months to a year from an award of planning permission to construction work commencing on the ground in their council area. For residential proposals it currently generally takes a further 9months to a year from site wide commencement to completion of the first residential dwelling. Based on these dates, if any new windfall development proposal for regeneration in Canal Head did come forward in the coming months, based on the shortest timeframes of this range, it would unlikely that any part of them would have been constructed and come into use by early 2023 (i.e. two and half years). Based on the longer timeframes of this range we would be looking at the first part of any larger development (for example of circa 40 residential units plus) not being completed until early 2024 at the very earliest. In light of the above and the near certainty that the UK economy has entered into recession in light of the Covid19 pandemic; it is considered that there is little reasonable prospect of completion of any new built residential or commercial development in the vicinity of the HWRC until the latter months of the five year time extension period sought. Whilst this area has established suitability to accommodate new development; and there is a degree of likelihood of development coming forward (in light of the availability of land and achievability of development); it is currently considered that no regeneration related development would be completed/brought into use with the short term nor early middle term. Consequently I am of the view that the application proposal would not unduly prejudice the sought-after regeneration of this area (or the wider economy) and therefore complies with this aspect of CMWLP Policy DC6 and district policies.
Would the continued use of the site for a further five years have an unacceptable environmental impact upon local amenity?
7.9 Emissions (Noise, Odour etc…): The HWRC is well managed and generally operates with little environmental impact on the amenities of the area or nearest 40
residential properties. The acoustic sound barrier screen installed within the northern section of the site in summer 2006 reduced the noise impact of the site upon the nearby residential properties on Kirkbie Green to the north. The only waste streams that have potential to generate mal-odour that are handled at the site are residual/general waste and garden/green waste (all other waste streams are inert and/or inorganic). The operator reports that containers are actively monitored by site staff and once full they are swiftly removed from the site (being removed within no longer than 3 hours) thus greatly limiting any potential for odour impacts. The County Council Development Control Team has received no complaints in respect of the site over the last ten years concerning any site related emissions. South Lakeland District Council’s Environment Health department (SLDC-EHD) have raised no objection to the time extension. They do not report having received any complaints concerning any pollution emissions (noise, odour or other) emanating from the site over the last five years.
7.10 Traffic: The implementation of the 2003 planning permission increased queuing capacity within the site and improved traffic flow on the highway around the site. The site operator reports that no queueing complaints were received between April 2015 and March 2018; but that 26 queueing related complaints have been received from April 2018 to date. The operator explains that the queueing issues experienced in recent years were the direct result of a decision to close the site during container exchange servicing which was made in response to a health and safety review of the container service procedures and traffic management controls on all HWRCs in the county. The operator reports that in order to reduce waiting times for the site new internal fencing infrastructure was introduced within the site on 8 November 2019 in order for areas of the site to be operational whilst container exchanges take place. The operator reports that this intervention has significantly reduced the total time of each exchange closure and hence reduced the waiting times for site users and resulted in no further queuing complaints being received that financial year. They report that on average there are 4 container exchanges per day each taking between 10 – 25 minutes. The operator sets out that when the site is operating under ‘normal’ circumstances that queues only tend to form over Bank Holiday weekends and particularly busy weekends. The operator also emphasises that the majority of queueing complaints they have received are from users of the HWRC, with only one complaint originating from a nearby resident.
7.11 Kendal HWRC was temporarily closed due to the Government’s Covid-19 lockdown measures. It shutdown at 18:00 on 25 March 2020 and reopened at 08:00 on 12th May 2020 with social distancing restrictions in place. The 2m social distancing restrictions required limited the number of vehicles able to access the site at any one time and has resultantly increased incidents of queueing. The operator reports that to date this has resulted in one complaint in respect of queueing and two complaints of fumes from queueing traffic. In respect of this latter aspect it is understood that a sign is present that requests queueing traffic to turn off their engines and that site staff have been asked to monitor idling vehicles (making use of the sites’ Video Management System in this) with verbal requests to turn-off engines subsequently being made. It is recognised that the queueing issues experienced since May this year are very much the result of an extraordinary world pandemic situation.
7.12 Whilst the site is well managed and has been improved over time so as to reduce its impact on the amenity of nearby residential dwellings; the fact remains that the site is in close proximity to residential dwellings and a key leisure route and 41
that this is far from ideal juxtaposition of land-uses. However, I am of the view that the current level of amenity impact would not be unacceptable for a further temporary period of five years.
OTHER MATERIAL CONSIDERATIONS
Would the time extension harm the character or appearance of this part of the towns Conservation Area?
7.13 The HWRC is located within Kendal’s Conservation Area. In exercising planning functions the County Council must have regard to the duty under section 72 of the Planning (Listed Buildings & Conservation Areas) Act 1990 and pay special attention to the desirability of preserving or enhancing the character or appearance of that area. The area around Canal Head North has been characterised by larger industrial buildings since the creation of the Canal basin in 1819 and the area is currently host to a pocket of similar general industrial, engineering and waste-related uses. As such the continued use of the site for a further temporary period would preserve the existing status quo. It is also noted that the site is bounded with limestone faced walls that are in-keeping with the traditional building palette of the area. In light of the above this proposal is judged to have a neutral impact on the existing character and appearance of the Conservation Area.
Would the proposal have negative flood risk implications?
7.8 The area of land subject to this planning application is outside, but in close proximity to, the currently defined extent of Flood Risk Zone 2. An approximately 60m2 area within the north-western raised deposition part of the HWRC falls within Flood Risk Zone 2. The Kendal HWRC site did not experience any fluvial flooding as a result of the December 2015 Storm Desmond event. It is not known to have experienced any surface water flooding issues. It is considered that its retention for a further temporary period would not result in any greater risk of flooding to surrounding land.
OTHER MATTERS
7.14 Relocation of the HWRC: The existing HWRC site lacks space for easy manoeuvre of HGVs collecting/depositing skips/containers and for circulation of customer vehicles (with the ramped/raised deposition/unloading area only wide enough for one vehicle with no passing places or footway – resulting in queueing at busy times). As such it is considered that this is not a suitable site for a HWRC in the longer-term as current population projections suggest that the population of Kendal (and its hinterland’s) will continue to grow. Nevertheless as an interim measure the retention of this part of the site in conjunction with the remaining part of the centre that has full planning permission is considered acceptable. I am of the view that a five year time period would provide sufficient time for the applicant to review potential alternative sites for a HWRC within (or in proximity to Kendal) and develop out a replacement facility.
7.15 Cumbria County Council’s Waste Management Team have provided an update as follows: “Although there are no plans currently in the pipeline to relocate Kendal HWRC, Cumbria County Council intend on undertaking a review of alternative land availability in the area. Recruitment of a new Waste Operational Manager is pending and one of their roles, once appointed, would be to review the current plans”. 42
Procedural Considerations
7.16 The site is not in a sensitive area as defined by the EIA Regulations and falls below the thresholds set out in Schedule 2 of these regulations. As a consequence this proposal is not considered to constitute EIA development.
8.0 CONCLUSION
8.1 Kendal HWRC is a well-used and well-managed facility that makes a significant contribution to maintaining and improving recycling rates in South Lakeland. It is recognised that it is not ideally sized or located as it is in close proximity to residential dwellings and can lead to traffic issues on the highway network in the vicinity of the site and draw additional vehicles into the town’s one-way gyratory system. Other existing HWRC sites in the South Lakeland District Council area are too far away from the principal population and service centre of Kendal. Accordingly it follows that there is a continued need to provide a convenient waste deposit, sorting, aggregation and transfer facility within (or in close proximity to) Kendal in order to provide for an integrated network of waste management facilities (to support targets for recycling and diversion of waste from landfill) and in order minimise waste road miles / carbon emissions in line with CMWLP policies SP2, SP3, DC1 and DC2.
8.2 This application seeks to extend the operation/use of part of the site for a further five year time period up until 29 August 2025. In light of the current planning policy landscape, situation on the ground and the minimal impact the site has upon the amenities of the nearest residential properties and immediate area, the time extension sought appears reasonable and is not considered to unduly impair opportunities for the regeneration of the area or aspirations to restore the canal. The proposal would extend the life and operation of this essential facility so as to maintain a beneficial use of the land whilst aspirations to restore the Lancaster Canal and regenerate the Canal Head area are progressed, and proposals for an alternative location for the HWRC in Kendal are developed.
8.3 In summary, I consider that the proposal is in accordance with the development plan, there are no material considerations that indicate the decision should be made otherwise and with the planning conditions proposed, any potential harm would reasonably by mitigated. It is therefore recommended that this application be granted subject to conditions.
Human Rights 8.4 The proposal will have a limited impact on the visual, residential and environmental amenity of the area. Any impacts on the rights of local property owners to a private and family life and peaceful enjoyment of their possessions (Article 8 and Article 1 of Protocol 1 of the Human Rights Act 1998) are minimal and proportionate to the wider social and economic interests of the community.
Angela Jones Executive Director for Economy and Infrastructure
Contact: Mr Edward Page Electoral Division Identification: Kendal Nether ED
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Appendix 1 Ref No. 5/20/9004 Development Control and Regulation Committee – 8 July 2020 Appendix 1 - PROPOSED PLANNING CONDITIONS
Time Limit of Permission 1. This permission shall be for a limited temporary time period only, expiring on 29 August 2025. Reason: To ensure that the presence and operation of the Household Waste Recycling Centre does not impair the planning policy aspirations to restore Lancaster Canal or regenerate of the Kendal Canal Head area. In accordance with Policy CS2 of the South Lakeland Core Strategy Development Plan Document (adopted October 2010) and Policies DM10 and DM24 of the South Lakeland Development Management Policies Development Plan Document (adopted March 2019).
Approved Scheme 2. The site shall be operated in accordance with following: a. Plan 1a - Boundary Plan – dated April 2010 b. Drawing No. P1741/amr/13 – Topographic Survey – dated February 2016 (Site Layout Plan) Reason: To ensure the development operates to an approved appropriate standard and to avoid confusion as to what comprises the approved scheme.
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Appendix 2 Ref No. 5/20/9004 Development Control and Regulation Committee - 8 July 2020 Appendix 2 - PLAN OF SITE LOCATION/EXTENT
45 This page is intentionally left blank Agenda Item 9
DEVELOPMENT CONTROL & REGULATION COMMITTEE
Meeting Date 08 July 2020 From: The Acting Executive Director - Economy and Infrastructure
APPLICATIONS DETERMINED UNDER DELEGATED POWERS NOTE: These are applications that have been recently determined by the Assistant Director of Economy & Environment in accordance with the scheme of delegation.
Authority Area/ Proposal / Date Valid Decision Ref. No. (Web-link) Site Location / Application & Date Applicant - (Case Officer) Received
Carlisle
Nil
Allerdale
Eden
3/20/9002 Creation of an off-road car parking area on part of the school 02.06.20 Withdrawn High Hesket C playing field. 10.06.20 of E School High Hesket C of E School, High Hesket, Carlisle, CA4 0HU. (EP)
Copeland
Nil
South Lakeland
Nil
Barrow
6/20/9002 Erection of building for storage and baling of waste associated 16.03.20 Granted Sinkfall with the recycling transfer centre. subject to Recycling conditions Sinkfall Farm Waste Transfer Station, Rakesmoor Lane, 26.06.20 Barrow-In-Furness, LA14 4QE. (DH)
47 This page is intentionally left blank Agenda Item 10
DEVELOPMENT CONTROL & REGULATION COMMITTEE
Meeting Date: 08 July 2020 From: The Acting Executive Director - Economy and Infrastructure
APPLICATIONS PROPOSED TO BE DETERMINED UNDER DELEGATED POWERS
NOTE: These are applications that have been submitted to the County Council but are not yet ready/appropriate for determination under delegated powers and/or have been recently withdrawn or determined as invalid, or do not require planning permission, etc.
Authority Area/ Proposal / Date Valid Ref. No. (Web-link) Site Location / Application Applicant - (Case Officer) Received
Carlisle
1/20/9005 Section 73 variation of Conditions 1 and 2 of planning permission 1/09/9015 to 12.06.20 Lakeland extend the expiry date of operations to 30th November 2032 and approved Minerals Ltd – documents and variation of condtions 32 and 34 to allow revised restoration Cumbria Waste scheme to be completed by 30 November 2033. Group Kirkhouse Quarry, Hallbankgate, Brampton, Cumbria, CA8 1JS. (JP)
1/20/9006 Section 73 variation of Condition 2 of planning permission 1/09/9016 to extend 12.06.20 Lakeland the expiry date of operations to 30 November 2033. Minerals Ltd – Cumbria Waste Kirkhouse Quarry, Hallbankgate, Brampton, Cumbria, CA8 1JS. (JP) Group
Allerdale
2/20/9003 Construction of 3 no. kiosks; an Inlet Works Motor Control Centre (MCC) kiosk; 24.04.20 United Utilities Nereda Package Plant Container; Washwater and Sampling Kiosk.
Westnewton WwTW, Wigton Road, Westnewton, Aspatria, Cumbria, CA7 3PD (JP)
Eden
Nil
Copeland
4/20/9003 Section 73 application to amend planning permission 4/15/9006 to allow 18.05.20 West Coast permanent permission to operate green recycling/composting facility. Composting Ltd West Coast Composting Ltd, High Road, Whitehaven, CA28 9QJ (JP)
South Lakeland
49 Authority Area/ Proposal / Date Valid Ref. No. (Web-link) Site Location / Application Applicant - (Case Officer) Received 5/18/9005 New stormwater detention tank, kiosk, pressure balance stack and associated 26.02.18 United Utilities land reprofiling to address an Unsatisfactory Intermittent Discharge associated Plc with the existing Dragley Beck Combined Sewer Overflow.
Low Mill Business Park, Ulverston, LA12 9EE (DH)
5/20/9001 Control kiosk and humus tank required as part of wider upgrade works at 02.03.20 United Utilities Ulverston Waste Water Treatment Works Plc Ulverston Waste Water Treatment Works, Sandside Road, Ulverston, LA12 9EG (DH)
Barrow
6/20/9001 Erection of new waste sorting building within a new secure yard, including 10.06.20 JJC Properties landscape area to north and new car park to east boundary. Ltd Waste Transfer Station, Sandscale Park, Barrow in Furness, LA14 4QT. (DH)
50 Agenda Item 11 DEVELOPMENT CONTROL & REGULATION COMMITTEE
Meeting Date: 08 July 2020 From: The Acting Executive Director - Economy and Infrastructure
FORWARD PLAN Committee Date Reference/Proposal/Site Location
20 August 2020 Development Control
Norman Street Primary School - 1/20/9007 - Section 73 application to remove Condition 2 of 1/17/9010 so as to permanently retain the portacabin classroom building and variation of Condition 3 relating to the external material and installation of ramp for disabled access.
Countryside and Access
Add path at Centurions Walk, Carlisle (WCA)
Extinguishment of path no 302151 parish of Alston Moor (HA)
Diversion of path 567008 parish of Scalthwaiterigg (HA)
Diversion of path 311002 parish of Brougham (HA)
Diversion of path 540005 parish of Kirkby Lonsdale (HA)
2 October 2020 Commons Registration
CA13/29 – Application to correct non-registration or mistaken registration - CL20 Caldbeck Common
CA10/45 – Application to correct the registers - CL20 – Caldbeck Common
Countryside and Access
Claimed paths at Eggerslack Woods (WCA)
Modification at Milestones, Penrith (WCA)
Addition of path at Cartmel Parish of Lower Allithwaite (WCA)
To be determined Development Control
West Cumbria Mining Ltd – 4/17/9007 - the development of: a new underground metallurgical coal mine and associated development including: the refurbishment of two existing drifts leading to two new underground drifts; coal storage and processing buildings; office and change building; access road; ventilation, power and water infrastructure; security fencing; lighting; outfall to sea; surface water management system and landscaping at the former Marchon site (High Road) Whitehaven; - a new coal loading facility and railway sidings linked to the Cumbrian Coast Railway Line with adjoining office / welfare facilities; extension of railway underpass; security fencing;
51 lighting; landscaping; construction of a temporary development compound, and associated permanent access on land off Mirehouse Road, Pow Beck Valley, south of Whitehaven; - a new underground coal conveyor to connect the coal processing buildings with the coal loading facility.
Former Marchon Site, Pow Beck Valley and area from, Marchon Site to St Bees Coast, Whitehaven, Cumbria (PH)
Thomas Armstrong - 2/19/9010 - Application for the determination of new planning conditions under the Environment Act 1995 (as amended) for the dormant minerals planning permission reference CA49 incorporating an area for plant, stockpiling and storage.
High Close Quarry, High Close Farm, Plumbland, Aspatria, Wigton, CA7 2HF (RB)
Thomas Armstrong - 2/19/9011 - New vehicular access to quarry.
High Close Quarry, High Close Farm, Plumbland, Aspatria, Wigton, CA7 2HF (RB)
Cumbria County Council – 1/19/9012 - Creation of Carlisle Southern Link Road (CSLR). Comprising of the construction of 8.1km of new two way single carriageway road (with 2.2km of climbing lanes) that incorporates 3 new road bridges; a combined cycleway/footway on the northern side of the road with 4 shared-use overbridges; 7 new or modified road junctions; 2 overbridges; an underpass; related links and modifications to existing highway, cycleway, footpaths and agricultural access tracks; plus creation of drainage infrastructure (including balancing ponds), landscaping and lighting; and associated engineering and ancillary operations (including the associated demolition of 2 dwellinghouses - Station House and Newbiggin View).
Corridor of land between Junction 42 of the M6 and the Newby West Roundabout (junction of the A595 and A689 CNDR) to the south of Brisco, Durdar and Cummersdale villages, Carlisle. (EP)
Eddie Wannop Ltd - 1/20/9004 - Aggregate recycling of inert waste to produce non- waste aggregate products.
Esk Quarry, Sand Pit Number 2, Faugh, Cumbria, CA8 9EG (DH)
52