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Resources Legal and Democratic Services The Lonsdale Building The Courts Carlisle Cumbria CA3 8NA Fax 01228 226372 Tel 01228 606060 Email [email protected] 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: Thursday 3 January 2013 Time: 11.00 am Place: Council Chamber - County Offices, Kendal Angela Harwood Assistant Director – Legal and Democratic Services Group Meetings: Labour: 10.15am Committee Room 1 Conservative: 10.00am Committee Room 2 Liberal Democrat: 10.00am Committee Room 4 Enquiries and requests for supporting papers to: Janine Hounslow Direct Line: 01228 226906 Email: [email protected] This agenda is available on request in alternative formats Serving the People of Cumbria 1 MEMBERSHIP Conservative ( 9) Labour (5) Liberal Democrat (3) Mr LN Fisher (Chairman) Mr I Stockdale (Vice-Chair) Mrs BC Gray Mr W Bleasdale Mr KR Hamilton Mr J McCreesh Mrs HF Carrick Mr JS Holliday Mr I Stewart Mr J Cowell Mr G Humes Mr P Hornby Mr FI Morgan Mr AP Richardson Mr M Stephenson Mrs V Tarbitt Mr A Toole 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 – www.cumbria.gov.uk 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 APOLOGIES FOR ABSENC E To receive any apologies for absence. 2 CHANGES IN M EMBERSHIP To note any changes in membership. 3 DISCLOSURES OF INTER EST 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. 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 3 (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). 4 EXCLUSION OF PRESS A ND PUBLIC To consider whether the press and public should be excluded from the meeting during consideration of any item on the agenda. 5 MINUTES To confirm as a correct record the Minutes of a meeting held on 13 November 2013 (copy enclosed). (Pages 1 - 6) 6 HIGHWAYS ACT 1980 a Proposed Dedication of Bridleway and Footpath at Murton Fell, Parish of Murton, District of Eden [Electora l Division: Appleby] This report informs members that the Ministry of Defence has agreed to dedicate a number of public rights of way on their property at Murton Fell and High Cup Nick. This can be done by an Agreement under Section 25 of the Highways Act 1980. (Pages 7 - 10) b Proposed Dedication of Footpath at St Bees Head, Parish of St Bees, District of Copeland. [Electoral Divisions: Kells and Sandwith; St Bees and Egremont; Mirehouse] 4 This report informs members that as a result of coastal erosion part of a very popular coastal walk along the cliffs at St Bees Head has been lost, and temporary measures have been put in place to secure public access. This can be done by an Agreement under Section 25 of the Highways Act 1980. (Pages 11 - 16) 7 WILDLIFE AND COUNTRYSIDE ACT 1981 a Legal Event Modification Order No 3 - 2000-2009 [Electoral Divisions: All] This report informs members that Officers have been collating the information to bring Cumbria County Council’s Definitive Map and Statement of Public Rights of Way up to date since its last review in 1976. All the legal events in all six district of the county for the period 2000 to 2009 have been recorded and Legal Event Modification Order No 3 is now ready to make. (Pages 17 - 24) b Section 53 Proposal to Add a Right of Way to The Definitive Map in the Parish of Lowca: District of Copeland [Electoral Division: Distington and Moresby] This report informs members of An application has been received by the County Council to add a section of bridleway from the bottom of Lowca where it meets the Parton road to its junction with public bridleway 413015 locally known as Micklam Coastal Walk in the parish of Lowca. A decision needs to be made whether to proceed with the next stage of the process by making a legal order. If that order is then confirmed Cumbria’s Definitive Map and Statement will be altered to record the new section of public right of way. (Pages 25 - 30) 8 REPORTS ON CONSULTAT IONS BY DISTRICT COU NCILS, NATIONAL PARK AUTHORITIES, ADJOINING PLANNING AUTHORITIES & GOVERNMENT DEPARTMENTS, ETC. In accordance with the Town and Country Planning Act 1990, Schedule 1, paragraph 7, the County Council is consulted on those applications which are considered to fall within the agreed Development Control Code of Practice for Cumbria. Case Officer Contact Details are provided in the Footnote, following the list of Applications/consultations which may be considered at future meetings, etc. (Pages 31 - 32) a Planning Application No. 1/12/0793 Erection of 295 No. Dwellings (Including 59 No. Affordable Dwellings), Associated Open Space and Infrastructure, Land bounded by Hammonds Pond, Oaklands Drive and Durdar Road, Carlisle (Pages 33 - 70) b Planning Application No. 1/12/0878 Erection Of 128 No. Dwellings, Associated Open Space and Infrastructure, Land between Townhead Road and Station Road, Dalston (Pages 71 - 100) c Planning Application No. 5/12/0845 Siting of 3 Wind Turbines (132 metres high to blade tip), control building, anemometer mast and access tracks, Land to the North of Killington Reservoir (Pages 101 - 110) 5 d Planning Application No. 5/12/0832 Hybrid application for full permission for demolition of existing buildings, erection of foodstore, petrol filling station, kiosk, car wash, new vehicular and pedestrian access, creation of new internal roads, car parking including recycling area, landscaping and boundary treatments and outline permission for the erection of business units for b1(business) or b2 (general industrial) with vehicular access, Land South of the A590 and North of Railway Line, Ulverston (Pages 111 - 134) 9 REPORTS ON APPLICATI ONS FOR PLANNING PER MISSION These are applications which are determined by the County Council after taking into account the views of consultees and relevant representations. Applications in this category are prescribed by legislation. Private applications principally relate to minerals and waste management activities and associated development. County applications are developments which are to be carried out by the County Council itself or jointly with any other person. (Pages 135 - 136) a Planning Application No. 3/11/9009 & 3/11/9010 Variation of Planning Permission 3/91/0571 to extend the period of operation and Variation of Planning Permission 3/04/9015 to extend the period of time for the soil storage bund for 22 years at Low Plains Quarry for 22 years, Low Plains Quarry, Armathwaite, Penrith (Pages 137 - 198) b Planning Application No. 4/12/9005 Retention of temporary aggregate loading facility and access track, Land at Castle Farm, Off A5093, Millom, LA18 5EY (Pages 199 - 214) c Planning Application No. 5/12/9009 Erection and operation of wash plant and associated infrastructure and increased height of screening mound.