At a meeting of the DEVELOPMENT PANEL held in Oval Centre, Salterbeck, Workington on Tuesday, 10 July 2007 at 10.00 a.m.

Members

Mr I W Francis (Chairman)

Mr J Armstrong Mr P G Kendall Mr P Bales Mr J Lister Ms M Gainford Mrs J MacLeod Mr J Heathcote Ms H McIntosh Mr C Holding Mrs J M Mounsey Mr J Holliday Mrs A Tinnion Mr I A Humes Mr M G Wood Mr J Hunter

Apologies for absence were received from Councillors R Munby, B Bacon, W H Jefferson and M A Snaith

Staff Present

J Elliott, Steve Long, P McKenzie, R Outhwaite and S Owen

108 MINUTES

The minutes of the meetings held on Thursday 1st March 2007 and Thursday 5th April 2007 were signed as correct records.

109 DECLARATION OF INTEREST

5. Planning Applications. Councillor Audrey Tinnion; Personal; 2/2006/9035 - Due to being a member of Town Council.

5. Planning Applications. Councillor Ian Francis; Prejudicial; 2/2007/0467 - Due to speaking against the application on appeal.

5. Planning Applications. Councillors Peter Bales and Ivor Humes; Personal; 2/2007/9002 - Due to being members of Workington Town Council.

5. Planning Applications. Councillors Ivor Humes and Jean Macleod; Personal; 2/2007/0358 - Due to being members of Workington Town Council.

5. Planning Applications. Councillors P Bales; Ivor Humes and Jean Macleod; Personal; 2/2007/0403 - Due to being members of Workington Town Council.

5. Planning Applications. Councillors P Bales; Ivor Humes and Jean Macleod; Personal; 2/2007/0469 - Due to being members of Workington Town Council.

5. Planning Applications. Councillor Ivor Humes; Prejudicial; 2/2007/0467 - Due to relative being an objector.

5. Planning Applications. Councillors Peter Bales and Jean Macleod; Personal; 2/2007/0467 - Due to being members of Workington Town Council.

5. Planning Applications. Councillor Joe Holliday; Prejudicial; 2/2007/0403 - Due to being a County Councillor and making representation on behalf of residents.

5. Planning Applications. Councillor Joe Holliday; Prejudicial; 2/2007/0467 - Due to having a close association with Harrington Residents Association who made an objection.

5. Planning Applications. Councillor John Heathcote; Personal; 2/2007/0403 - Due to being the Ward Councillor.

5. Planning Applications. Councillor John Heathcote; Personal; 2/2007/0467 - Due to relative living in the area.

5. Planning Applications. Councillor Peter Bales; Prejudicial; 2/2007/0358 - Due to being a member of the Management of Westfield Housing Association Committee.

5. Planning Applications. Steve Long; Personal; 2/2006/1304 - Due to knowing an objector.

110 QUESTIONS

The following question was received from Mr K Thomas;

‘Do you consider the planning submission submitted by Studsvik UK to be a true and accurate document in view of the fact that, of many apparent anomalies in the submission, their Para 2.4 of report PO900/TR/006 – LOCAL HUMAN RECEPTORS, only identified, after a detailed search, 10 people living within a 2 km radius, 1 school approx 2 km away and no hospitals. There are over 5000 people living and working within a 2 km radius, 1,450 of whom attend Lakes College, several day nurseries, large and small residential care homes etc, etc?.’

Miss J Elliott, Senior Planner on behalf of Councillor I Francis, Chair of Development Panel read out the reply from County Council as follows ‘The reply accepts Para 2.4 of the Environmental Statement was badly worded and should have made clear what it actively does is identify the nearest receptors of the categories identified within a 2km radius rather than the complete population (clarified in Para 4.6 of the Environmental Statement).

The statement assessed the information at 300m from the site, rather than the 500m distance of the nearest property, concluding in the worst case scenario discharge of radioactivity vent system does levels would be a factor 60 times below the level, representing an insignificant risk and consequently the surrounding land could be developed for any alternative use, including housing. In view of this, no assessment of impact was made further form the site.

The County has consulted the Nuclear Inspectorate on the soundness of this approach and their view is awaited.

The County has also received a copy of the response of the Environment Agency who considers the information was a suitable assessment. They consider their regulatory controls would keep any impact to a minimum.

Reference is also made to controlled discharge from surface water drains.’

111 PLANNING APPLICATIONS

The Panel considered individual reports from the Head of Planning Services regarding ten applications for planning permission.

Planning Description Decision Reference

02/2006/9033 Extensions to quarry and re-location of fixed Objection plant (from New Cowper processing plant), Overby Quarry, Aikshaw, Aspatria.

P Kendall moved that the application be accepted, this was seconded by M G Wood.

H McIntosh moved that an objection be made, this was seconded by J Macleod.

A vote was taken, 10 in favour of objection, 4 against.

The motion in favour of the objection was carried.

Reasons:

1. The Local Planning Authority considered the proposed increase in traffic in the worst case scenario from the proposed extension and the additional industrial processing of the reserves at the site would increase the use of traffic on a sub-standard junction onto and along the B5301 highway to the detriment of highway safety contrary to Policy 1 of the Cumbria Minerals and Waste Local Plan 1996-2006.

(However, Officers would not have opposed the proposal in terms of traffic levels if a condition had been imposed to restrict traffic levels of all traffic movements associated with both quarrying and bagging operations at the site to 50 vehicle movements per day.)

2. The Local Planning Authority considered any increased traffic use of the quarry’s existing northern access entrance onto the B5301 or the access by southbound/returning traffic entrance of the C2012 onto the B5301, would by virtue of their restricted visibility be hazardous to highway safety.

Unless the principle of the proposed extension to the quarry and its associated phased operation were approved. Officers were consequently unable to support the variation of the conditions under the separate application (02/2006/9035) for the restriction of the existing quarry (i.e. the variation timescale derived from the extension at the site).

Officer’s sought the speed restriction of the site in order to minimise disturbance arising from the traffic operations. The Council therefore also objected to the variation of condition on the quarry on the grounds that:-

Allerdale opposed any variation of the former consent (02/1995/9007) for extending operations at Overby as they seeked the speedy restoration of the site to end temporary disturbance arising from its traffic operations.

02/2006/9035 Implementation of planning permission Objection 2/95/9007 without compliance with the conditions of that permission – application under Section 73 of the Town & County Planning Act 1990, Overby Quarry, Aikshaw, Aspatria.

M G Wood moved that the application be accepted, this was seconded by P Kendall.

A D Tinnion moved that an objection be made, this was seconded by H McIntosh.

A vote was taken, 10 in favour of objection, 4 against.

The motion in favour of objection was carried.

Reasons:

1. The Local Planning Authority considered the proposed increase in traffic in the worst case scenario from the proposed extension and the additional industrial processing of the reserves at the site would increase the use of traffic on a sub-standard junction onto and along the B5301 highway to the detriment of highway safety contrary to Policy 1 of the Cumbria Minerals and Waste Local Plan 1996-2006.

(However, Officers would not have opposed the proposal in terms of traffic levels if a condition had been imposed to restrict traffic levels of all traffic movements associated with both quarrying and bagging operations at the site to 50 vehicle movements per day.)

2. The Local Planning Authority considered any increased traffic use of the quarry’s existing northern access entrance onto the B5301 or the access by southbound/returning traffic entrance of the C2012 onto the B5301, would by virtue of their restricted visibility be hazardous to highway safety.

Unless the principle of the proposed extension to the quarry and its associated phased operation were approved. Officers were consequently unable to support the variation of the conditions under the separate application (02/2006/9035) for the restriction of the existing quarry (i.e. the variation timescale derived from the extension at the site).

Officer’s sought the speed restriction of the site in order to minimise disturbance arising from the traffic operations. The Council therefore also objected to the variation of condition on the quarry on the grounds that:-

Allerdale opposed any variation of the former consent (02/1995/9007) for extending operations at Overby as they sought the speedy restoration of the site to end temporary disturbance arising from its traffic operations.

02/2007/9002 Change of use and extension of extension Objection of existing building to create a metals recycling facility, erection of a security fence and lodge and ancillary works, Unit 1, Joseph Noble Road, Lillyhall Industrial Estate, Workington.

M G Wood moved that the application be accepted, this was seconded by P Kendall.

P Bales moved that an objection be made, this was seconded by J Heathcote.

A vote was taken, 13 in favour of objection 2 against.

The motion in favour of objection was carried.

Reason:

The Local Planning Authority considered the application was contrary to Policies EM11 and EM12 of the Allerdale Local Plan.

2/2006/1304 Erection of 67 No. dwelling with associated Deferred roads and public open space; remediation of contaminated land by remodelling and capping; capping of mine shaft, Land off Browside Road, Dearham, Maryport.

The officer changed his recommendation to deferral.

M G Wood moved that the application be refused, this was seconded by P Kendall.

J Holliday moved that the application be deferred, this was seconded by J Armstrong.

A vote was taken, 11 in favour of deferral, 5 against.

The motion in favour of deferral was carried.

2/2007/0358 Outline application for erection of new club Approved premises with integral steward accommodation, Land at Casson Road, Mossbay, Workington.

M G Wood moved that the application be approved, this was seconded by J Armstrong.

H McIntosh moved that the application be refused, this was seconded by J Macleod.

A vote was taken, 11 in favour of approval, 2 against.

The motion in favour of approval was carried.

2/2007/0399 Erection of detached house, Land at Deferred for a Greenside, Thursby, . site visit

The officer’s recommendation was approval.

M G Wood moved that the application be deferred for a site visit, this was seconded by J Hunter.

A vote was taken, 14 in favour of deferral for a site visit, 0 against.

The motion in favour of deferral for a site visit was carried.

2/2007/0403 Erection of 1.2m fence and enclosure of Refused with Land for parking, Land next to 6 Infirmary Enforcement Road, Workington. Action to be taken P Kendall moved that the application be refused and enforcement action taken, this was seconded by M Gainford.

A vote was taken, 15 in favour of refusal and enforcement action, 0 against.

The motion in favour of refusal with enforcement action was carried.

Reason:

1. The partial blocking up, reduction in width and the realignment of the access lane from Infirmary Road to West Grove in order to provide domestic curtilage and private parking by virtue of existing on-street parking, was deemed to have an adverse effect on the vehicular and pedestrian access arrangements for users of the unmade lane, including local residents and users of the nearby garage court and was likely to have an adverse effect on the free flow of traffic, pedestrians and highway safety in the locality. The proposal was therefore contrary to Policy ST3 of the Cumbria and Lake District Joint Structure Plan.

2/2007/0467 Erection of 56 no dwellings (including the Approved house type substitution on plots 8 – 21 Subject to a application 2/2006/1092), Land off Bellaport 106 Gardens, Harrington, Workington. agreement

M G Wood moved that the application be agreed subject to a 106 agreement, this was seconded by J Mounsey.

A vote was taken, 8 in favour of approval subject to a 106 agreement, 3 against.

The motion in favour of approval subject to a 106 agreement was carried.

2/2007/0469 Installation of security shutters to windows Approved abutting Oxford Street and one to South Watt Street, Jeff Taylor Discount Carpets, Oxford Street, Workington.

M G Wood moved that the application be approved, this was seconded by J Heathcote.

A vote was taken, 16 in favour of approval, 0 against.

The motion in favour of was carried.

2/2007/0478 Conversion of existing redundant barns to Approved dwelling and construction of new detached garage, Clifton Green Farm, Little Clifton, Workington.

M G Wood moved that the application be deferred for a site visit, this was seconded by P Kendall.

I A Humes moved that the application be approved, this was seconded by J Hunter.

A vote was taken, 13 in favour of approval, 3 against.

The motion in favour of approval was carried.

2/2007/0568 Extension to existing dwelling to provide Refused additional living accommodation and attached garage, Maxwell House, Blitterlees, .

P Kendall moved that the application be deferred for a site visit, this was seconded by M G Wood.

I A Humes moved that the application be refused, this was seconded by P Bales.

A vote was taken, 2 in favour of deferral for a site visit, 8 against.

The motion in favour of a site visit was lost.

A vote was taken, 10 in favour of refusal, 3 against.

The motion in favour of refusal was carried.

Reasons:

1. The proposed development would have a harmful effect on the character and appearance of the existing dwelling due to its scale and massing; this was contrary to Allerdale Local Plan Policy HS12 and Policy ST3 Paragraph 7 of the Cumbria and Lake District Joint Structure Plan.

2. The proposed development would have a harmful effect on the visual amenity of the immediate locality due to its scale and massing; this was contrary to Allerdale Local Plan Policy HS12 and Policy ST3 Paragraph 7 of the Cumbria and Lake District Joint Structure Plan.

The meeting closed at 12.10 p.m.