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(Public Pack)Minutes Document for Planning Committee, 17/10/2019

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(Public Pack)Minutes Document for Planning Committee, 17/10/2019 Eden District Council Planning Committee Minutes Date: 17 October 2019 Venue: Council Chamber, Town Hall, Penrith Time: 9.30 am Present: Chairman: Councillor W Patterson Vice Chairman: Councillor I Chambers Councillors: M Clark H Sawrey-Cookson M Eyles G Simpkins J C Lynch J G Thompson G Nicolson OBE Standing Deputies: Councillor P G Baker Officers Present: Nick Atkinson, Planning Services Development Manager Rebecca Harrison, Solicitor Ian Irwin, Principal Planning Officer Rob Sim, Arboriculturist Alexander Strickland, Interim Assistant Director Governance Nicholas Unwin, Planning Officer Democratic Services Officer: Claire Watters Pla/69/10/19 Apologies for Absence Apologies for absence were received from Councillor Holden, Councillor Baker attended as substitute and from Councillor Ross. Pla/70/10/19 Minutes RESOLVED that the public minutes Pla/54/09/19 to Pla/68/09/19 of the meeting of this Committee held on 19 September 2019 be confirmed and signed by the Chairman as a correct record of those proceedings. Pla/71/10/19 Declarations of Interest Councillor Chambers gave a registerable explanation with regard to application number 19/0578 in that he was the Ward Member and had been lobbied regarding this item. He intended leave the Council chamber for this item. Councillor Eyles gave a personal explanation in that he was recording the meeting for personal purposes. 1 Pla/72/10/19 Planning Issues RESOLVED that the attached lists of the Assistant Director Planning and Economic Development: a) Applications determined under office delegated powers for the month of September 2019 b) Reasons for refusal on delegated decisions for the month of September 2019 be noted. Pla/73/10/19 Planning Issues - Applications for Debate (Green Papers) Members were advised of the applications requiring a decision by Members as detailed in a report of the Assistant Director Planning and Economic Development. RESOLVED that: 1. the following applications for planning permissions ("those applications") are determined as indicated hereunder; 2. those applications which are approved be approved under the Town and Country Planning Act, 1990, subject to any detailed conditions set out in the Report, to any conditions set out below and to any conditions as to time stipulated under Sections 91 and 92 of the Act; 3. those applications which are refused be refused for the reasons set out in the report and/or any reasons set out below; 4. those applications which the Assistant Director Planning and Economic Development is given delegated powers to approve under the Town and Country Planning Act, 1990, be approved by him subject to any detailed conditions set out in the Report, to any conditions as to time stipulated under Sections 91 and 92 of the Act, to the receipt of satisfactory replies. Pla/74/10/19 Planning Application No: 19/0578, Proposed construction of garages to units 3 and 4 (following outline approval 17/0095) together with minor amendments to reserved matters approval 19/0024 for residential development, Land Adjacent to Walmar, Croft Head, Sockbridge Councillor Chambers left the Council chamber at 9.41am. The Committee received a presentation from Mrs J Morris, an objector, in objection to the application. The Committee received a presentation from Councillor C Anderson, from Sockbridge and Tirril Parish Council in objection to the application. The Committee received a presentation from Mr A Willison-Holt, an agent, in support of the application. 2 Proposed by Councillor Thompson Seconded by Councillor Baker That planning permission be granted in accordance with officer recommendations. For: 4 Against: 5 The motion therefore FELL. Proposed by Councillor Eyles Seconded by Councillor Lynch and RESOLVED that planning permission be REFUSED for the following reason: 1. The development will encroach on the amenity of the neighbouring property Burnrill, and as such conflicts with policy DEV5 of the Eden Local Plan. Pla/75/10/19 Planning Application No: 19/0499, Outline application for one dwelling with all matters reserved, Plot 8 Kitchen Gardens, Penrith Councillor Chambers entered the Council Chamber at 10.09am. The Committee received a presentation from Mr Rainsley, an objector, in objection to the application. Proposed by Councillor Thompson Seconded by Councillor Chambers and RESOLVED that planning permission be GRANTED subject to the following conditions: Time limit for commencement 1. The development permitted shall be begun before the expiration of three years from the date of this permission or before the expiration of two years from the date of the approval of the last reserved matters to be approved, whichever is the latter. Reason: In order to comply with the provisions of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004. 2. Application for approval of all reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. Reason: In order to comply with the provisions of the Town and Country Planning Act 1990. 3. Approval of the details of the scale, layout, and external appearance of the building, means of access thereto and the landscaping of the site (called "the reserved matters") shall be obtained from Local Planning Authority in writing before any development is commenced. 3 Reason: The application is in outline form only and is not accompanied by full detailed plans. Approved Plans 4. The development hereby granted shall be carried out in accordance with the drawings hereby approved: i. Application Form received 16 July 2019 ii. Location Plan (01A) received 5 July 2019 iii. Supporting Statement received 5 July 2019 Reason: To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission. Before the development is commenced 5. No development shall commence until a surface water drainage scheme has been submitted to and approved by the Local Planning Authority. The drainage scheme must include: (i) An investigation of the hierarchy of drainage options in the National Planning Practice Guidance (or any subsequent amendment thereof). This investigation shall include evidence of an assessment of ground conditions and the potential for infiltration of surface water; (ii) A restricted rate of discharge of surface water agreed with the local planning authority (if it is agreed that infiltration is discounted by the investigations); and (ii) A timetable for its implementation. The approved scheme shall also be in accordance with the Non-Statutory Technical Standards for Sustainable Drainage Systems (March 2015) or any subsequent replacement national standards. The development hereby permitted shall be carried out only in accordance with the approved drainage scheme. Reason: To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution. It is necessary for the condition to be on the basis that “No development shall commence until” as compliance with the requirements of the condition at a later time could result in unacceptable harm contrary to the policies of the Development Plan. Ongoing Conditions 6. Foul and surface water shall be drained on separate systems. Reason: To secure proper drainage and to manage the risk of flooding and pollution. 7. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and/or re-enacting that Order) no development falling within Class A, B, C, D, or E of Part 1 or Class A of Part 2, Schedule 2 to that Order shall be carried out. 4 Reason: To enable the Local Planning Authority to regulate and control the development of land due to its prominent corner location. 8. The reserved matters application shall propose a single storey dwelling only. Reason: To protect the visual appearance of the area and the living conditions of neighbouring occupiers. 9. Construction works shall be carried out only between 0800 – 1800 hours Mondays – Fridays; 0800 – 1300 hours on Saturdays and there shall be no activity on Sundays and Bank Holidays. Reason: To safeguard the amenity of residents living nearby. Pla/76/10/19 Planning Application No: 19/0504, Replacement of existing detached garage. 4 Kells Spring, Clickham The Committee received a presentation from Mr M Hall, the applicant, in support of the application. Proposed by Councillor Eyles Seconded by Councillor Lynch and RESOLVED that planning permission be GRANTED subject to the following conditions: Time Limit for Commencement 1. The development permitted shall be begun before the expiration of three years from the date of this permission. Reason: In order to comply with Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004. Approved Plans 2. The development hereby granted shall be carried out in accordance with the drawings and documents hereby approved: i. Application Form, dated 12 July 2019; ii. Amended External Views (672-5), dated 22 August 2019; iii. Amended Floor Plans (672-4), dated 22 August 2019; iv. Amended Proposed Elevations (672-2), dated 22 August 2019; v. Amended Roof Plans (672-3), dated 22 August 2019; vi. Location Plan, dated 9 May 2019; vii. Site Plan, dated 9 May 2019. Reason: To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission. 5 Ongoing 3. No demolition or construction works shall takes place except between the following times: Monday to Friday 08.00 - 17.00 Saturday 08.30 - 12.00 No construction works are permitted during Sundays, Bank and Public Holidays. Reason: To safeguard the amenity of the area. 4. The building hereby permitted shall remain ancillary to the adjoining dwelling 4 Kells Springs, Clickham, Blencow and shall not be occupied as a dwellinghouse or any other use outside of Class C3 of the Town and Country Planning (Use Classes) Order 1987 (as amended) nor sold or otherwise disposed of separately from 4 Kells Springs, Clickham, Blencow.
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