(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.

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.

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.

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.

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.

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.

Reason: In accordance with the terms of the planning application and to prevent the creation of an independent planning unit.

Pla/77/10/19 Tree Preservation Order No: 198 2019, OS Grid Ref: 343740 530801, Beech House, Berrier Road, Greystoke

The Committee received a presentation from Councillor R Fisher from Greystoke Parish Council, in objection to the order.

Proposed by Councillor Sawrey-Cookson Seconded by Councillor Clark and RESOLVED that that Tree Preservation Order (TPO) 198 2019 Beech House, Greystoke be confirmed for the reasons stated in the formal notice attached to the TPO at the time it was served as follows:

Government national planning practice guidance states that Tree Preservation Orders should be made by local planning authorities to protect specific trees, groups of trees or woodlands if it appears to them to be expedient in the interests of public amenity. The tree protected by this Order is highly prominent within the village landscape and the purpose of this Order is to ensure that any future work carried out to it is appropriate in the interests of local amenity.

Pla/78/10/19 Confirmation of Site Visits (if any)

There were no site visits confirmed at this meeting.

Pla/79/10/19 Any Other Items which the Chairman decides are urgent

No items of urgent business were raised at this meeting.

Pla/80/10/19 Date of Next Meeting

The date of the next scheduled meeting was confirmed as 14 November 2019.

The meeting closed at 11.04 am

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7 This page is intentionally left blank PLANNING COMMITTEE Agenda Item No. APPLICATIONS DETERMINED UNDER OFFICER DELEGATED POWERS FOR THE MONTH OF SEPTEMBER 2019

App No App Type Parish Description Location Applicant Decision

19/0105 Full Application Penrith Amend house types on plots 327 and 331 from LAND AT CARLETON HILL ROAD, Persimmon Homes - K APPROVED Compton to Fenchurch, plot 330 from Regent to PENRITH, Pearson Marylebone, plot 334 from Harley to Fenchurch and plot 337 from Regent to Marlborough.

19/0212 Full Application Penrith Proposed change of use and refurbishment of PENRITH RAILWAY STATION, Mr R Davis APPROVED building to provide 3 residential units. ULLSWATER ROAD, PENRITH, CA11 7JQ

19/0266 Full Application Alston Change of use of agricultural land to campsite with LAMBSGATE FARM, ALSTON, CA9 Mr & Mrs R Tebbs APPROVED WC facilities. 3LD

19/0269 Reserved by Hunsonby Discharge of conditions 6 (crossings), 7 FORMER THOMPSONS BOARD Citadel Homes - Mr APPROVED Cond (carriageways etc), 9 (surface water drainage), 11 MILL, LITTLE SALKELD, PENRITH, Montgomery (remedial strategy), 14 (surface water drainage CA10 1NJ scheme), 15 (foul and surface water), 16 (foul and surface water scheme), 18 (trees), 21 (noise) attached to approval 14/0354 and conditions 3 (construction traffic management plan) and 4 (surface water drainage scheme) attached to approval 17/0602.

19/0276 Full Application Newby PROPOSED CONVERSION OF SINGLE STOREY STANTON HOUSE, NEWBY, Ms L Norfolk APPROVED REDUNDANT BYRE BUILDING INTO GRANNY PENRITH, CA10 3EX ANNEX / HOLIDAY ACCOMODATION ASSOCIATED TO MAIN HOUSE

19/0363 Listed Building Appleby Listed Building Consent for repairs to Low Cross. LOW CROSS, BOROUGHGATE, Appleby Town Council - APPROVED APPLEBY, CA16 6QN C Dodgeon

19/0364 Listed Building Appleby Listed Building Consent for repairs to High Cross and HIGH CROSS, BOROUGHGATE, Appleby Town Council - APPROVED Lamp. APPLEBY, C Dodgeon Minute Item Pla/72/10/19 19/0379 Listed Building Kirkby Stephen Listed building consent for installation of 2 no. TANGLES, 41 NORTH ROAD, Mr P Wensley APPROVED extraction fans. KIRKBY STEPHEN, CA17 4RE

19/0393 Full Application Langwathby Conversion of existing barn to two storey residential ATHERSTONE, SALKELD ROAD, Mr T Henderson APPROVED dwelling and associated yard to garden. LANGWATHBY, PENRITH, CA10 1LG

19/0403 Full Application Milburn Variation of condition 1 (plans compliance) for COBBLE COURTYARD, MILBURN, Milburn Trust (Barn APPROVED window amendments to units 1, 2 & 5 and discharge PENRITH, CA10 1DA Conversions)

Page 9 Page of condition 4 (surface water drainage) attached to approval 16/1022.

04 October 2019 Page 1 of 7 Page 10 Page App No App Type Parish Description Location Applicant Decision

19/0404 Listed Building Milburn Listed Building Consent for window alterations on COBBLE COURTYARD, MILBURN, Milburn Trust (Barn APPROVED units 1, 2 & 5. PENRITH, CA10 1DA Conversions)

19/0408 Full Application Culgaith Change of use of barn and associated yard from PEAR TREE HOUSE, KIRKLAND Mr A Wiseman APPROVED agricultural to residential and change of use of ROAD, SKIRWITH, PENRITH, CA10 agricultural land to garden. 1RL

19/0413 Reserved by Penrith Discharge of condition 6 (disposal of foul and surface PLUMPTON HEAD FARM, Mr J Threlfell APPROVED Cond water) attached to approval 16/0054. PLUMPTON, PENRITH, CA11 9NP

19/0423 Full Application Penrith Installation of 1 no. condensing unit, 1 no. heat AGRICULTURE HOUSE, Mr Dawe APPROVED recovery unit and duct work to rear of property. CROMWELL ROAD, PENRITH, CA11 7JW

19/0451 Full Application Brough Extension and alterations. 10 CASTLE VIEW, BROUGH, The Trustees of APPROVED KIRKBY STEPHEN, CA17 4BA Dawson's Cottages Trust c/o George F White LLP

19/0452 Full Application Brough Extension and alterations. 11 CASTLE VIEW, BROUGH, The Trustees of APPROVED KIRKBY STEPHEN, CA17 4BA Dawson's Cottages Trust c/o George F White LLP

19/0453 Full Application Brough Extenstion and alterations. 12 CASTLE VIEW, BROUGH, The Trustees of APPROVED KIRKBY STEPHEN, CA17 4BA Dawson's Cottages Trust c/o George F White LLP

19/0454 Reserved by Penrith Discharge of condition 3 (surface water drainage), 4 3 LOWTHER STREET, PENRITH, Mr L Guy PARTIAL Cond (railings), 5 (soft and hard landscaping) and 6 CA11 7UW APPROVED (sample materials) attached to approval 16/0035.

19/0455 Full Application Appleby Proposed summer house to rear. ST ANNE'S ALMSHOUSE, On behalf of the APPROVED BOROUGHGATE, APPLEBY, CA16 Trustees St Anne's 6XQ Alshouses - Mrs T Darwent

19/0456 Listed Building Appleby Listed Building Consent for proposed summer house ST ANNE'S ALMSHOUSE, On behalf of the APPROVED to rear. BOROUGHGATE, APPLEBY, CA16 Trustees, St Anne's 6XQ Almshouses - Mrs T Darwent

19/0468 Full Application Stainmore Proposed agricultural building. SWINSTON HOUSE, SOUTH Mrs D Martin APPROVED STAINMORE, KIRKBY STEPHEN, CA17 4DJ

19/0469 Full Application Glassonby Creation of roof over existing silage pit. TOWN END FARM, GLASSONBY, Mr G Hogarth APPROVED PENRITH, CA10 1DU

04 October 2019 Page 2 of 7 App No App Type Parish Description Location Applicant Decision

19/0470 Reserved by Lowther Discharge of conditions 9 (assessment of pond), 10 LAND NORTH OF HACKTHORPE Genesis Homes APPROVED Cond (badger monitoring survey) and 11 (wildlife method HALL, HACKTHORPE, PENRITH, statement) attached to approval 17/0527. CA10 2HW

19/0474 Full Application Penrith Demolition of existing garage, erection of 2 storey 1 TYNEFIELD DRIVE, PENRITH, Ms R Davidson APPROVED side extension on similar footprint, single storey rear CA11 8JA extension and front porch.

19/0479 Listed Building Appleby Listed Building Consent to replace cement strap THE BLACK BULL, 36 Mrs J Fielden APPROVED pointing with lime mortar pointing to front elevation. BOROUGHGATE, APPLEBY-IN- WESTMORLAND, CA16 6XG

19/0483 Full Application Alston Alterations and addition of velux window to existing 2 STOKOE HOUSE, MARKET Mr C Barlow APPROVED lean to extension, rendering of brickwork and repaint PLACE, ALSTON, CA9 3HS gable end wall above lean to extension.

19/0487 Full Application Penrith Change of use from vehicle showroom (sui generis) 2 PENRITH INDUSTRIAL ESTATE, Northgate PLC - Mrs J APPROVED to commercial vehicle hire and sales centre (sui HAWESWATER ROAD, PENRITH, Riddell generis) with associated workshop facilities and CA11 9EU provision of bunded fuel tank, jet wash bay, cycle shelter and customer car parking.

19/0490 Full Application Bolton Proposed stable on concrete base. 4 VALLEY VIEW DRIVE, BOLTON, Mr S Tyson APPROVED APPLEBY-IN-WESTMORLAND, CA16 6FD

19/0492 Listed Building Penrith Listed Building Consent for installation of cycle racks PENRITH (NORTH LAKES) Virgin Trains - Mrs E APPROVED with cycle repair stand and pump. STATION, ULLSWATER ROAD, Melles PENRITH, CA11 7JQ

19/0496 Full Application Shap Replacement and enlargement of front porch. 1 SUNNYSIDE, MAIN STREET, Mrs I Leese APPROVED SHAP, PENRITH, CA10 3PH

19/0497 Reserved by Brougham Discharge of conditions 4 (slate sample) and PEMBROKE FARM, BROUGHAM, Addis Town Planning APPROVED Cond conditions 5 (materials) attached to listed building PENRITH, CA10 2DE Ltd - Mr D Addis consent 18/0759.

19/0498 Reserved by Brougham Discharge of conditions 7 (slate sample), 8 PEMBROKE HOUSE FARM, Addis Town Planning APPROVED Cond (materials), 12 (window sample) and 13 (package BROUGHAM, PENRITH, CA10 2DE Ltd treatment plant) attached to approval 18/0769.

19/0500 Full Application Catterlen Residential dwelling. RYNREW BARN, NEWTON REIGNY, Mr J Davidson REFUSED PENRITH, CA11 0AY

19/0503 Full Application Hunsonby Erection of a first floor, rear balcony with associated ROBELS, WINSKILL, PENRITH, Mr and Mrs P Lomas APPROVED changes to fenestration. CA10 1PD Page 11 Page

04 October 2019 Page 3 of 7 Page 12 Page App No App Type Parish Description Location Applicant Decision

19/0505 Reserved Matters Morland Reserved matters application for access, LAND SOUTH OF COACH HOUSE, Mr R Makinson APPROVED appearance, landscaping, layout and scale attached WATER STREET, MORLAND, to approval 18/0966. PENRITH, CA10 3AY

19/0506 Full Application Morland Erection of an agricultural building including the LAND WEST OF THWAITES Mr R Makinson APPROVED formation of a hardstanding, a retaining wall and a WORKSHOP, MORLAND, PENRITH, surface water harvest system.

19/0507 Advertisement Penrith Advertisement consent for 2no illuminated fascia THE ROYAL HOTEL, WILSON ROW, EI Group PLC - Mr APPROVED signs, 1no illuminated hanging sign, 1no hoarding, PENRITH, CA11 7PZ Menzer 1no illuminated hoarding, 2no poster cases, 1no lantern and 9no floodlights.

19/0508 Full Application Penrith Proposed replacement of dormer window with larger 39 WORDSWORTH STREET, Reed APPROVED dormer window and roof works. PENRITH, CA11 7QY

19/0509 Full Application Melmerby Addition of porch to pool hall, alterations to THE TOWER HOUSE, MELMERBY, Mr & Mrs Jones APPROVED conservatory to form supplementary changing PENRITH, CA10 1HE facilities.

19/0510 Full Application Clifton Proposed dwelling. CARLTON HOUSE, CLIFTON, Mr & Mrs J & L Holliday REFUSED PENRITH, CA10 2EA

19/0513 Full Application Soulby Change of use from agricultural land to domestic COLLINSBRIDGE, SOULBY, KIRKBY Mr & Mrs Collinson APPROVED garden and rear extension. STEPHEN, CA17 4PJ

19/0514 Full Application Penrith Installation of 2 no. vehicle charging stations within EH BOOTHS, WESTGATE HOUSE, InstaVolt - Mr P Hicks APPROVED car park area. BRUNSWICK ROAD, PENRITH, CA11 7JU

19/0515 Full Application Hunsonby Extension to East elevation and detached double SUNNYSIDE FARM, HUNSONBY, Mr R Forster APPROVED garage. PENRITH, CA10 1PN

19/0518 Full Application Skelton Variation of condition 2 (plans compliance) to include BARN ADJ TO RUSHGILL HOUSE, Mr P Donaghue APPROVED amendments to openings and roof materials SKELTON WOOD END, SKELTON, attached to approval 18/0484. PENRITH, CA11 9UB

19/0519 Listed Building Skelton Variation of condition 2 (plans compliance) to include BARN ADJACENT TO RUSHGILL Mr P Donaghue APPROVED amendments to openings and roof materials HOUSE, SKELTON, PENRITH, CA11 attached to Listed Building consent 18/0753. 9UB

19/0521 Full Application Dacre Demolition of disused outbuildings and construction LAND ADJ MEG BANK, STAINTON, Ms E Brass APPROVED of new dwelling. PENRITH, CA11 0EE

19/0523 Full Application Kings Meaburn Proposed mixed use agricultural building. LITTLEBECK FARM, KINGS Mr R Addison APPROVED MEABURN, PENRITH, CA10 3DB

19/0524 Change of Use Clifton Change of use of agricultural building to BARNS AT ABBOTT LODGE FARM, Lowther Estate Trust APPROVED PD/PN dwellinghouse. ASKHAM, PENRITH, CA10 2HD

04 October 2019 Page 4 of 7 App No App Type Parish Description Location Applicant Decision

19/0528 Change of Use Greystoke Change Of Use of agricultural building to dwelling BARN ADJ TO JOHNSTONE FARM, Mr H Howard APPROVED PD/PN house. JOHNBY, PENRITH, CA11 0UU

19/0529 Full Application Langwathby Replacement of conservatory roof. 4 WELLS COTTAGES, Mr O'Farrell & Ms Wood APPROVED LANGWATHBY, PENRITH, CA10 1LH

19/0530 Full Application Warcop Side extension with front bay window and SANDFORD HOUSE, SANDFORD, Mr & Mrs Ryan APPROVED replacement of flat roof with pitched roof to rear. APPLEBY-IN-WESTMORLAND, CA16 6NR

19/0536 Full Application Clifton Variation of condition 2 (plans compliance) in respect LAND AT MIDTOWN FARM, Mr J Carruthers APPROVED of access not surfaced and gate not relocated. CLIFTON,

19/0539 Reserved by Dacre Discharge of conditions 15 (aerial image of site ULLSWATER HEIGHTS, HOLIDAY Leisure resorts APPROVED Cond showing proposed location of bird and bat boxes) HOMES AND LODGE PARK, SILVER and condition 18 (travel plan) attached to approval HOWE, FLUSCO, PENRITH, CA11 09/0190. 0JB

19/0542 Full Application Clifton Installation of storm water surface tank. AW JENKINSON FOREST Mr J Garbutt APPROVED PRODUCTS, CLIFTON MOOR, CLIFTON, PENRITH, CA10 2EY

19/0543 Advertisement Alston Advertisement consent for 1 no. fascia board and 1 BLACKSTOCKS, MARKET PLACE, J & B Carr APPROVED no. wall mounted signboard. ALSTON, CA9 3QN

19/0547 Full Application Hesket Proposed roof over existing silage pit. OLD TOWN FARM, HIGH HESKET, Mr A Graves APPROVED CARLISLE, CA4 0HY

19/0548 Full Application Warcop Replacement shed. WARCOP C OF E SCHOOL, S Linsley - The School APPROVED WARCOP, APPLEBY-IN- Governors WESTMORLAND, CA16 6NX

19/0549 Full Application Clifton Demolition of existing buildings, erection of a LAND AT THE OLD STACKYARD, Mr C Cowperthwaite APPROVED dwelling including a detached double garage, and CLIFTON DYKES, PENRITH, CA10 installation of a package treatment plant with 2DG associated field drain.

19/0551 Listed Building Hunsonby Listed building consent for roof alterations, internal ROWAN COTTAGE, HUNSONBY, Mr J Kaye APPROVED and external alterations. PENRITH, CA10 1PN

19/0552 Reserved by Temple Sowerby Discharge of condtion 3 (surface water discharge) GREENFIELD HOUSE, TEMPLE Mr N Clarke APPROVED Cond attached to approval 19/0235. SOWERBY, PENRITH, CA10 1SD

19/0553 Full Application Penrith Erection of an agricultural building to house cattle. MILBURN HOUSE, BOWSCAR Mr R Threlfell APPROVED ROAD, BOWSCAR, PENRITH, CA11 9NW Page 13 Page

04 October 2019 Page 5 of 7 Page 14 Page App No App Type Parish Description Location Applicant Decision

19/0555 Listed Building Dacre Listed building consent for replacement boiler to OLD FOLLY COTTAGE, FORT Mr G Liston APPROVED include re-siting of the external flue. PUTNAM, GREYSTOKE, PENRITH, CA11 0UP

19/0556 Full Application Alston Proposed conversion of garage and spare room into ROTHERHOPE TOWERS, Mr J Batty APPROVED holiday let annex with balcony and detached garage. GARRIGILL, ALSTON, CA9 3EJ

19/0557 Full Application Ainstable Proposed erection of 2.7m high wall. HAGGET HOUSE, AINSTABLE, Mr P McGahon APPROVED CARLISLE, CA4 9RE

19/0559 Full Application Penrith Extensions to dwelling and erection of replacement 3 CORNEY PLACE, PENRITH, CA11 Miss K Messenger APPROVED garage. 7PY

19/0560 Full Application Long Marton Proposed classroom extension. LONG MARTON SCHOOL, LONG Ms R Smith - The APPROVED MARTON, APPLEBY-IN- School Governors WESTMORLAND, CA16 6BT

19/0564 Full Application Clifton Retrospective application for single storey extension. CARLTON HOUSE, CLIFTON, J P Holliday - Mr & Mrs APPROVED PENRITH, CA10 2EA Holliday

19/0567 Tree Works (CA) Penrith T1 Remove small Plum tree; G1 Prune overhanging PINFOLD, NICHOLSON LANE, Mr F Wilson APPROVED branches back to boundary (from The Pinfold); PENRITH, CA11 7UL Penrith New Streets Conservation Area.

19/0570 Tree Works (CA) Great Salkeld Beech trees x 2: Remove the branches highlighted in OLD RECTORY, GREAT SALKELD, Liz Cranston APPROVED blue on the photograph provided (there are several PENRITH, CA11 9NA long thin branches which sweep down and touch the ground); Great Salkeld Conservation Area.

19/0573 Tree Works (CA) Langwathby Remove co-dominant branch from side of tree at COACH HOUSE, EDENHALL, Mr Bob Weightman APPROVED front of property (branch can be seen in photograph PENRITH, CA11 8SX provided coming out on the left side of the trunk); Edenhall Conservation Area.

19/0574 Full Application Appleby Detached garage. CARTWRIGHT BUNGALOW, Dalaney APPROVED BELGRAVIA, APPLEBY-IN- WESTMORLAND, CA16 6XZ

19/0575 Tree Works (CA) Temple Sowerby Tree 1 Walnut located at the front boundary of the GREENFIELD HOUSE, TEMPLE Mr Nigel Clarke APPROVED property adjacent entrance driveway - Prune two low SOWERBY, PENRITH, CA10 1SD branches back to the main bough (they extend beyond the property boundary wall into the highway; the height of branches is such that vehicles could be struck by them); Tree 2 Copper Beech located in rear garden - Prune the branch back to main trunk (the branch is touching the top of the neighbouring property's 'walled garden' traditional wall and its movement could damage the wall; Temple Sowerby Conservation area.

04 October 2019 Page 6 of 7 App No App Type Parish Description Location Applicant Decision

19/0580 Hedge Removal Penrith Removal of 2 no. sections of hedegrow. HASTY BANK, BOWSCAR ROAD, Hayes Farms PARTIAL Notice BOWSCAR, PENRITH, CA11 9NW APPROVED

19/0581 Reserved by Dufton Discharge condition 3 (building survey level 2) FOUNTAIN VIEW, DUFTON, Mr Simpson APPROVED Cond attached to approval 19/0111. APPLEBY-IN-WESTMORLAND, CA16 6DB

19/0582 Reserved by Penrith Discharge of condition 7 (wall boundary) attached to FORMER ARMSTRONG AND Churchill Retirement APPROVED Cond approval 17/0297. FLEMING SITE, GARAGE ROPER Living STREET, PENRITH, CA11 8HT

19/0587 Notice of Intention Murton Proposed agricultural building. SOUTH FIELD FARM, BONGATE, Messrs J Wilson & Son APPROVED APPLEBY-IN-WESTMORLAND, CA16 6LH

19/0588 Tree Works (CA) Appleby 3 x Beech trees (between High Field Lodge and 6 6 BONGATE (RED LION), APPLEBY- Mrs Susan Renshaw APPROVED Bongate): 25% crown reduction by 2 metres; Balance IN-WESTMORLAND, CA16 6UE remaining crown; Thin by 10% and remove major deadwood; Appleby Conservation Area.

19/0589 Notice of Intention Catterlen Proposed extension to existing agricultural building. CHURCH FARM, NEWTON REIGNY, Mr A Blackburn - VA & APPROVED PENRITH, CA11 0AY FM Blackburn

19/0610 Tree Works (CA) Alston Removal of group of Cypress trees; Alston HARTSIDE LODGE, OVERBURN, c/o Agent APPROVED Conservation Area. ALSTON, CA9 3SH

19/0611 Tree Works Penrith Remove Apple tree in north-west corner of site; 1 NEWTON HOUSE, NEWTON Mr J Grinbergs - APPROVED (TPO) Reason: As a result of the extent of pruning required ROAD, PENRITH, CA11 9EE Atkinson Building to erect the scaffolding and the proximity of the Contractors drainage excavation works that will have a significant effect upon the roots; Tree Preservation Order No 191, 2018, Newton House, Penrith.

19/0625 Notice of Intention Penrith Proposed access track. FIELD AT MAIDENHILL, SALKELD Mr C Harrison - HH APPROVED ROAD, PENRITH, CA11 8SQ Building Ltd

19/0651 Non-Material Catterlen Non Material Amendment to planning decision notice LAND BETWEEN PARK VIEW & Mr I Dalton APPROVED Amend 18/0011 to include a plans compliance condition and JOINERS BROW, CATTERLEN, renumbering conditions as necessary. PENRITH, CA11 0BQ

In relation to each application it was considered whether the proposal was appropriate having regard to the Development Plan, the representations which were received including those from consultees and all other material considerations. In cases where the application was approved the proposal was considered to be acceptable in planning terms having regard to the material considerations. In cases where the application was refused the proposal was not considered to be acceptable having regard to the material and relevant considerations. In all cases it was considered whether the application should be approved or refused and what conditions, if any, should be imposed to secure an

Page 15 Page acceptable form of development.

04 October 2019 Page 7 of 7 This page is intentionally left blank Notice of Decision

Carriage Return

To: Mr J Davidson Mansion House, Penrith, Cumbria CA11 7YG Rynrew Barn Tel: 01768 817817 The Courtyard Penrith CA11 0AY

Town and Country Planning Act 1990 Town and Country Planning (Development Management Procedure) Order 2015

Application No: 19/0500 On Behalf Of: Mr J Davidson

In pursuance of their powers under the above Act and Order, Eden District Council, as local planning authority, hereby REFUSE full planning permission for the development described in your application and on the plans and drawings attached thereto, viz:

Application Type: Full Application Proposal: Residential dwelling. Location: RYNREW BARN NEWTON REIGNY PENRITH CA11 0AY

The reason(s) for this decision are:

1) The proposed development is not considered to be infill or rounding off, conflicting with Policies LS1 and HS2 of the Local Development Plan.

2) The proposed development is considered to have an unacceptable impact on the amenity of neighbouring residents, conflicting with Policy DEV5 of the Local Development Plan and Chapter 12 of the NPPF.

Where necessary the local planning authority has worked with the applicant in a positive and proactive manner seeking solutions to problems arising in relation to dealing with the planning application and to implement the requirements of the NPPF and the adopted development plan.

Date of Decision: 10 September 2019

Signed:

Oliver Shimell LLB Assistant Director Planning and Economic Development

www.eden.gov.uk Oliver Shimell LLB Assistant Director Planning and Economic Development Page 17 Notice of Decision

Carriage Return

To: SPACE Designed Solutions Ltd - Mr L Page Mansion House, Penrith, Cumbria CA11 7YG Linden Cottage Tel: 01768 817817 Milburn Penrith CA10 1TN

Town and Country Planning Act 1990 Town and Country Planning (Development Management Procedure) Order 2015

Application No: 19/0510 On Behalf Of: Mr & Mrs J & L Holliday

Application Type: Full Application Proposal: Proposed dwelling. Location: CARLTON HOUSE CLIFTON PENRITH CA10 2EA

The reason(s) for this decision are:

1) The proposed development is located within a ‘Smaller Village and Hamlet’ on previously-developed land and can neither be considered infill nor rounding off. Therefore, the development fails to accord with Policy LS1 and Policy HS2 of the Eden Local Plan 2014-2032.

Date of Decision: 10 September 2019

Signed:

Oliver Shimell LLB Assistant Director Planning and Economic Development

www.eden.gov.uk Oliver Shimell LLB Page 18 Assistant Director Planning and Economic Development

Hedgerow Retention Notice

Mrs B C Whitfield Hopes Auction Company Ltd Hopes Auction House Syke Road Wigton Cumbria CA7 9NS

Hedgerow Removal Notice Ref: 19/0580 The Environment Act 1995 The Hedgerows Regulations 1997 Date Removal Notice submitted: 5thAugust 2019

Location of Hedgerow:

1. Eden District Council (`the Council’), as Local Planning Authority, hereby give notice that the removal of the hedgerow referenced as Hedge 2 and as described in the Hedgerow Removal Notice given reference 19/0580 (`the Removal Notice’) and shown in red on the attached plan is not permitted on the grounds that: 1.1. it has existed for 30 years or more; and 1.2. it is “important” because it satisfies the criteria laid down at 5(a) in Part 2 of Schedule 1 of the Hedgerow Regulations 1997 (`the Regulations’) in that it is recorded in a relevant document held at the Cumbria Archive Centre (Carlisle), Lady Gilford’s House, Petteril Bank Road, Carlisle CA1 3AJ. The document reference at the Archive Centre is Q/RE/1/135/8, the recorded date is 30th October 1819 and it is titled Plan of part of the Allotments of Inglewood Forest 1.3. the reasons provided to justify the proposed loss of the hedgerow have been fully considered and in the opinion of the Local Planning Authority the circumstances do not justify the removal of an “important” hedgerow as defined within the Regulations. 2. The notice, and thus the prohibition, are not time limited and last until such time as: 2.1. The retention notice is withdrawn under regulation 5(8) of the Regulations. 2.2. The retention notice is quashed under regulation 9(3) of the Regulations as the result of a successful appeal. 2.3. A fresh removal notice is submitted in response to which a retention notice is not issued. 3. The other hedgerow detailed in the Removal Notice as Hedge 1 is not included in this retention notice because it is not “important” for any of the criteria detailed in Part 2 of Schedule 1 of the Regulations and removal can proceed. 4. It is an offence to contravene the requirements of this notice, or cause or permit another person to contravene the requirements of this notice.

Page 19 5. You may appeal against this Retention Notice within 28 days of the receipt of this notice, by writing to the Planning Inspectorate at the address shown at the end of this notice. Details of the process for lodging such an appeal are set out below. 6. Informative Notes 6.1. In taking the action specified in this Notice, special care should be taken not to disturb wild animals that are protected by the Wildlife and Countryside Act 1981. This includes birds and bats that nest or roost in trees and hedgerows. 6.2. It may be necessary to obtain the permission of the hedge owner(s) or other interested parties before carrying out work detailed in the hedgerow removal notice that is not subject to this retention notice. Anyone carrying out or instructing the removal of a hedgerow is required to obtain all such necessary permissions.

Signed:

Oliver Shimell LLB Assistant Director Planning and Economic Development

Date of Notice: 13th September 2019

Your Right of Appeal

If you disagree with the decision of the Council you can appeal to the Secretary of State for the Environment, Food and Rural Affairs. Appeals are handled by the Planning Inspectorate and should be made using the relevant hedgerow appeal form within 28 days from the date you receive the Councils decision. The Planning Inspectorate has the discretion to allow a longer period but will only do so when an appellant has very exceptional reasons for not having been able to comply with the statutory timetable. There is no fee payable to the Council or the Planning Inspectorate for submitting an appeal. More information about appeals can be found at

https://www.gov.uk/appeal-hedgerow-notice/how-to-appeal

When giving notice of an appeal to the Planning Inspectorate the appellant must at the same time send a copy of that notice to the Council that made the original decision.

Completed appeal forms should be sent in writing to: The Planning Inspectorate, Environment Appeals, Room 3A Eagle Wing, Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6PN

Page 20 Tel: 0303 4445584

Alternatively the completed appeal form can be sent electronically by e-mail to: [email protected]

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