Minutes Document for Planning Committee, 17/09/2020 09:30

Eden District Council

Planning Committee Minutes

Date: 17 September 2020 Venue: This was a virtual meeting therefore there was no venue Time: 9.30 am

Present:

Chairman: Councillor W Patterson Vice Chairman: Councillor I Chambers Councillors: M Clark H Sawrey-Cookson D Holden G Simpkins J C Lynch J G Thompson A Ross D Wicks Standing Deputies: Councillor P G Baker Officers Present: Nick Atkinson, Planning Services Development Manager Rebecca Harrison, Senior Solicitor Democratic Services Officer: Vivien Little and Nichola Baker

Pla/49/09/20 Apologies for Absence

At the start of the meeting, the Senior Solicitor advised that this meeting was being hosted remotely using conferencing software which allowed Members, Officers and public attendance whilst being able to protect themselves and others, whilst observing the Government’s lockdown measures.

The Senior Solicitor also stated that all votes during this meeting would be taken through an informal recorded vote, though would not be noted as such in the minutes.

A roll call of all those Members in attendance remotely was then taken.

Apologies for absence were received from Councillor Eyles, Councillor Baker attended as substitute.

Pla/50/09/20 Minutes

RESOLVED that the public minutes Pla/38/08/20 to Pla/48/08/20 of the meeting of this Committee held on 13 August 2020 be confirmed and signed by the Chairman as a correct record of those proceedings.

Pla/51/09/20 Declarations of Interest

Councillor Holden gave a personal explanation in that she was the Ward Councillor for Planning Application number 20/0251, and had been contacted by an objector in the early stages of the application, but had no further contact with the objector after that. She stated that she was coming in to this meeting with an open mind, and would vote on the application.

Councillor Ross gave a personal explanation in that she was the Ward Councillor for Planning Application number 20/0251, and had been contacted by two objectors in the early stages of the application, but had no further contact with the objectors after that. She stated that she was coming in to this meeting with an open mind, and would vote on the application.

Pla/52/09/20 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 August 2020 (attached as Appendix 1 to these minutes) b) Reasons for refusal on delegated decisions for the month of August 2020 (attached as Appendix 2 to these minutes) be noted.

Pla/53/09/20 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/54/09/20 Planning Application No: 20/0251, Erection of a single detached dwelling, Former Care Home, Beacon Edge, Penrith, CA11 8BN

The Committee received a presentation from Mr J Hamlin, an objector, in objection to the application.

The Committee received a presentation from Mr G Clark, an agent, in support of the application.

Proposed by Councillor Thompson Seconded by Councillor Wicks and RESOLVED that planning permission be granted subject to the following conditions/for the following reasons:

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 the provisions 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 hereby approved:

i) Application form received 20 April 2020 ii) Location plan received 20 April 2020 iii) Drainage plan, drawing no. 18933 04 B received 1 September 2020 iv) Site plan and cross section received 3 August 2020 v) Elevations and floor plans received 3 August 2020

Reason: To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.

Before the Development is commenced

3. Prior to the commencement of development a construction surface water management plan shall be submitted to and agreed in writing with the local planning authority. Thereafter, all works shall be undertaken in accordance with the approved plan.

Reason: To safeguard against flooding to surrounding sites and to safeguard against pollution of surrounding watercourses and drainage systems.

Pre-Occupancy or Other Stage Conditions

4. The dwelling hereby approved shall not be occupied until there has been submitted to and approved in writing by the Local Planning Authority a scheme of hard and soft landscaping. The approved scheme shall be implemented so that planting is carried out no later than the first planting season following the occupation of the building. All planted materials shall be maintained for five years and any trees or plants removed, dying, being damaged or becoming diseased within that period shall be replaced in

the next planting season with others of similar size and species to those originally required to be planted.

Reason: To protect and enhance the character of the site and the area, and to ensure its appearance is satisfactory. 5. Prior to occupation, the proposed first floor window (gallery) in the east facing gable approved shall be fitted with non-opening or a top-hung window fitted with obscure glazing (minimum Level 4 privacy rating) and shall thereafter be permanently retained. Reason: To safeguard the privacy of the adjacent residential occupiers.

Ongoing Conditions

6. The hereby approved development shall only be constructed during the following times: Monday to Friday - 08.00 - 17.00 Saturday - 08.00 - 13.00 No construction works are permitted during Sundays, Bank and Public Holidays

Reason: In the interests of the general amenity of the area.

7. Foul and surface water shall be drained on separate systems.

Reason: To secure proper drainage and to manage the risk of flooding and pollution.

8. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order) relating to permitted development, no structure, vehicle or object of any kind shall be erected, parked or placed and no trees, bushes or other plants shall be planted or be permitted to grown within the visibility splays which obstruct the visibility splays. The visibility splays shall be constructed before general development of the site commences so that construction traffic is safeguarded.

Reason: In the interests of highway safety.

Pla/55/09/20 Planning Application No: 20/0027 Outline Planning Permission for the erection of up to 13 dwellings with all matters reserved, Land South of Low Hesket Village Hall, Low Hesket

This item was withdrawn prior to the commencement of this meeting.

Pla/56/09/20 Confirmation of Site Visits (if any)

No site visits were confirmed at this meeting.

Pla/57/09/20 Any Other Items which the Chairman decides are urgent

There were no items which the Chairman felt were urgent.

Pla/58/09/20 Date of Next Meeting

The date of the next meeting was confirmed as 15 October 2020.

The meeting closed at 10.53 am

…………………………………………………………………………

5 This page is intentionally left blank PLANNING COMMITTEE Agenda Item No. APPLICATIONS DETERMINED UNDER OFFICER DELEGATED POWERS FOR THE MONTH OF AUGUST 2020

App No App Type Parish Description Location Applicant Decision

19/0597 Outline Greystoke Outline application for residential development with LAND TO SIDE AND REAR OF MAR Messrs Titterington REFUSED Application all matters reserved. AZUL, BLENCOW, PENRITH, CA11 0DG

20/0154 Advertisement Dacre Advertising trailer 5m (w) x 272cm (h). FIELD EAST OF RHEGED, RHEGED Westmorland Limited - REFUSED CENTRE, PENRITH, CA11 0DQ Mr D Martin

20/0188 Full Application Penrith Proposed part conversion and change of use of HIGH MILL JOINERS WORKSHOP, Mr T Ware APPROVED workshop/showroom building to form a two SKIRSGILL LANE, EAMONT bedroomed residential dwelling. BRIDGE, PENRITH, CA10 2BQ

20/0224 Scoping Opinion Penrith Scoping Opinion for the proposed use as LAND AT CROSSFIELD FARM, Mr Threlfell APPROVED development land for B1 Business, General PENRITH, CA11 8RP Industrial and B8 Storage and Distribution. Consisting of commercial floorspace, associated access, car parking, landscaping and ecological enhancement measures.

20/0258 Reserved Matters Long Marton Reseved Matters application for access, appearance, LAND AT MERRYVALE, LONG Mr P Sinclair APPROVED lanscaping, layout and scale, attached to approval MARTON, APPLEBY, CA16 16/0677. Re-submission of 19/0299.

20/0267 Full Application Culgaith Variation of condition 2 (plans compliance) for LAND ADJACENT TO B6412, Mr P Lowthian APPROVED amendments to positions and sizes of windows and CULGAITH, PENRITH, CA10 1QT doors attached to approval 20/0030.

20/0271 Full Application Castle Sowerby Erection of aluminium greenhouse. THISTLEWOOD TOWER, DALSTON, Mr M Buckley APPROVED CARLISLE, CA5 7DS

20/0290 Full Application Bolton Variation of Condition 2 (plans compliance) for the EDEN GROVE, BOLTON, APPLEBY- Eden Grove APPROVED replacement of blocks C,D,E and F with 10 detached IN-WESTMORLAND, CA16 6AJ Investments dwellings, attached to approval 15/0728. Minute Item Pla/52/09/20

20/0296 Full Application Alston Extension to form car repair and restoration garage. HENLEY MOUNT, TOWNHEAD, Mr J Pattinson - APPROVED ALSTON, CA9 3SL One23MX

20/0304 Full Application Dufton Single storey extension to North side elevation and GHYLL VIEW, PENNINE WAY, Mr & Mrs A Barr APPROVED two storey extension to South side elevation. DUFTON, APPLEBY-IN- WESTMORLAND, CA16 6DF

20/0313 Full Application Warcop Erection of multipurpose agricultural building. FELL VIEW BUNGALOW, Mr & Mrs Lancaster APPROVED Page 7 Page SANDFORD, APPLEBY-IN- WESTMORLAND, CA16 6NR

04 September 2020 Page 1 of 6 App No App Type Parish Description Location Applicant Decision Page 8 Page 20/0322 Full Application Musgrave Retention of camping pod for holiday use. THE GRANGE, GREAT MUSGRAVE, Mrs K Brownrigg APPROVED CA17 4DP

20/0324 Full Application Warcop Variation of condition 2 (plans compliance) for WHITE COTTAGE, WARCOP, Mr P Hanna APPROVED window and door alterations, attached to approval APPLEBY, CA16 6PF 17/0926.

20/0328 Full Application Bolton Conversion of stone barn into annexe, demolition of WAYSIDE, SOUTH END, BOLTON, Mr & Mrs R Nicholson APPROVED existing lean-to barn and partial replacement with APPLEBY, CA16 6AW covered veranda.

20/0329 Full Application Hesket Erection of multipurpose agricultural building. LAND NW OF CALTHWAITE, Messrs Dickinson APPROVED CALTHWAITE, PENRITH, CA11 9QX

20/0349 Non-Material Long Marton Non Material Amendment for the omission of RISING SUN, CROFT ENDS, Mr M Huschka APPROVED Amend windows to North West gable, addition of chimney APPLEBY-IN-WESTMORLAND, and roof light, attached to approval 16/0661. CA16 6JL

20/0354 Full Application Newbiggin Change of use of existing barn to dwelling including HALE GRANGE, KIRKBY THORE, Ms L Huschka APPROVED associated operations. PENRITH, CA10 1XS

20/0357 Full Application Tebay proposed stone facing to front elevation. 1 GALLOPER RISE, CHURCH Mr & Mrs Wharton APPROVED STREET, TEBAY, PENRITH, CA10 3SF

20/0364 Full Application Penrith Variation of condition 2 (occupancy restriction), THACKA LEA CARAVAN PARK, Mr A Wharton APPROVED attached to approval 82/1040. THACKA LANE, PENRITH, CA11 9HX

20/0365 Full Application Penrith Upgrade the existing outbuilding for domestic 12 CASTLEGATE, PENRITH, CA11 Ms F Young APPROVED purposes ancillary to the main dwelling, creation of a 7HZ pedestrian access to the rear access lane from the rear garden.

20/0366 Full Application Hesket Proposed new pig finishing house on existing piggery. MONKCASTLE FARM, Mr P Sanderson - APPROVED SOUTHWAITE, CARLISLE, CA4 0PZ Birchwood Farms Ltd

20/0369 Full Application Castle Sowerby Erection of agricultural building to house sheep NEWSHAM FARM, HUTTON ROOF, Ms P Elliott & Mr N APPROVED CA11 0XX Walker

20/0371 Full Application Castle Sowerby Manure store for organic manures. NEWSHAM FARM, HUTTON ROOF, P Elliott & N Walker - APPROVED CA11 0XX Ms Pat Elliott

20/0372 Full Application Hesket Proposed roof over existing midden. BECK HOUSE, SOUTHWAITE, Messrs JH Mitchinson - APPROVED CARLISLE, CA4 0PY Mr H Mitchinson

20/0373 Outline Ainstable Outline application for the erection of a dwelling with LAND WEST OF BRIDGE END Mr & Mrs C Little APPROVED Application all matters reserved. COTTAGE, CROGLIN, CARLISLE, CA4 9RY

04 September 2020 Page 2 of 6 App No App Type Parish Description Location Applicant Decision

20/0378 Tree Works Clifton Option 2 - Crown reduction to 3 No Lime trees as 10 CUMBERLAND CLOSE, Mr Jamie Walker REFUSED (TPO) shown in photo No. 6 provided; Tree A - Approx. 4m CLIFTON, PENRITH, CA10 2EN reduction and 15% thinning including cosmetic shaping; Tree B - Approx. 2.5m reduction and up to 30% thinning; Tree C - Approx. 1m reduction and up to 30% thinning; Tree Preservation Order No 47, 1992.

20/0378 Tree Works Clifton Option 2 - Crown reduction to 3 No Lime trees as 10 CUMBERLAND CLOSE, Mr Jamie Walker APPROVED (TPO) shown in photo No. 6 provided; Tree A - Approx. 4m CLIFTON, PENRITH, CA10 2EN reduction and 15% thinning including cosmetic shaping; Tree B - Approx. 2.5m reduction and up to 30% thinning; Tree C - Approx. 1m reduction and up to 30% thinning; Tree Preservation Order No 47, 1992.

20/0380 Notice of Intention Bolton Proposed slurry lagoon. STREET HOUSE, BOLTON, N M Strong Ltd - Mr APPROVED APPLEBY, CA16 6AY Strong

20/0381 Change of Use Warcop Change of use of agricultural building to 1No. EDEN VALE, WARCOP, APPLEBY- Mr T Heelis APPROVED PD/PN Dwelling IN-WESTMORLAND, CA16 6NU

20/0388 Full Application Lazonby Erection of detached garage to front elevation. GARTH HOUSE, LOW PLAINS Mrs C Bowe APPROVED FARM, ARMATHWAITE, CA4 9TR

20/0389 Full Application Hunsonby Demolition of rear carport, erection of two-storey rear 4 LING COTTAGES, OUSBY, CA10 Mr & Mrs Barnicott APPROVED extension and single-storey side extension. 1PS

20/0390 Advertisement Penrith Advertisement consent for 2no industrial GILLWILLY INDUSTRIAL ESTATE, Penrith Industrial BID - APPROVED advertisements. PENRITH, Ms A Jones

20/0391 Full Application Penrith Change of use of upper floors to create two 14 DEVONSHIRE STREET, Addis Town Planning APPROVED residential appartments. PENRITH, CA11 7SR Ltd - Mr D Addis

20/0392 Full Application Langwathby Single storey side and rear extension. 2 WOODCROFT, STOREY BANK, Mr M & Mrs A J Davies APPROVED LANGWATHBY, PENRITH, CA10 1NB

20/0405 Full Application Ainstable Extension and alterations. LARCH CROFT, AINSTABLE, CA4 Mr & Mrs Turnbull APPROVED 9QN

20/0406 Full Application Castle Sowerby Replacement of existing sewerage treatment plant. LAND AT DUKES MEADOW, Dukes Meadow APPROVED HUTTON ROOF, CA11 0XW Managerment Ltd - Mrs D Hawkins

20/0407 Full Application Appleby Variation of condition 2 (plans compliance) to amend 60 GLEBE ROAD, APPLEBY-IN- Mr & Mrs Vermaak APPROVED the arrangement of windows and doors and to extend WESTMORLAND, CA16 6RU Page 9 Page the overhang of the flat roof, attached to approval 17/1043.

04 September 2020 Page 3 of 6 Page 10 Page App No App Type Parish Description Location Applicant Decision

20/0408 Screening Penrith Screening Opinion for proposed solar farm. OMEGA PROTEINS LIMITED, LAND Omega Proteins Limited APPROVED Opinion WEST OF OMEGA PROTEINS LIMITED, GREYSTOKE ROAD & MILE LANE, PENRITH, CA11 0BX

20/0416 Tree Works (CA) Penrith Fell infected Beech tree. THE COTTAGE, BISHOP YARDS, Mr J Richardson APPROVED PENRITH, CA11 7XU

20/0418 Full Application Penrith Two storey extension. 15 WHITE OX WAY, PENRITH, CA11 MR & MRS R APPROVED 8QP BLACKBURN

20/0419 Tree Works Appleby T1, T2 and T5 to be felled as too close to property. DOUGLAS HOUSE, BONGATE, Mr A Hill REFUSED (TPO) APPLEBY-IN-WESTMORLAND, CA16 6HW

20/0421 Notice of Intention Morland Proposed private way for agriculture GLENTON VALE, MORLAND, CA10 SJ Bland & AJ Bland - APPROVED 3BJ Mr S Bland

20/0422 Full Application Kaber Proposed general purpose agriculture building. THE BUILDINGS FARM, KABER, MESSERS HASTWELL APPROVED KIRKBY STEPHEN, CA17 4EF

20/0425 Full Application Penrith Replacement of timber windows to bay on front 3 JUBILEE LODGE, BEACON EDGE, Mr D Walker APPROVED elevation. PENRITH, CA11 7SQ

20/0427 Listed Building Kirkby Stephen Listed Building Consent for replacement sliding sash TANGLES SALON, 41 NORTH Mr P Wensley APPROVED window to front of property. ROAD, KIRKBY STEPHEN, CA17

20/0428 Full Application Alston Porch to North East elevation, single storey HIGH GALLIGILL, NENTHEAD, Mr G Cook APPROVED outbuilding extension to North West elevation. ALSTON, CA9 3LW

20/0430 Full Application Hesket Proposed demolition of existing, dilapidated storage BLACKSYKES, CALTHWAITE, Thermatech Ltd - Mr L APPROVED unit and construction of a new commercial storage PENRITH, CA11 9PP Whittaker shed within the existing yard. Reduction in size of the existing hardstanding yard to reinstate lawns and garden area to the West side.

20/0432 Change of Use Skelton Change of use of agricultural building to LAND OPPOSITE TOWNEND, Mr M Beaty APPROVED PD/PN dwellinghouse. LAITHES, PENRITH,

20/0437 Full Application Dacre New doorway to garage and build up path to provide 20 FAIRYBEAD PARK, STAINTON, Mr J Rutherford APPROVED level pedestrian access to rear of ground floor flat CA11 0DY

20/0440 Non-Material Penrith Non material amendment to widen footpath attached CARLETON PARK, CARLETON, Carlton Park APPROVED Amend to approval 19/0554. PENRITH, Recreation Group

20/0441 Notice of Intention Kirkby Stephen Proposed roofing over of sheep pens. GREENRIGGS, KIRKBY STEPHEN, W and C W Dent - Mr C APPROVED CA17 4TA Dent

04 September 2020 Page 4 of 6 App No App Type Parish Description Location Applicant Decision

20/0445 Full Application Penrith Dual pitch roof to dormer and associated works. 10 WETHERIGGS LANE, PENRITH, Mrs F Roebuck APPROVED CA11 8PD

20/0447 Tree Works (CA) Great Salkeld Damaged Cherry tree removal. VILLAGE FARM, GREAT SALKELD, Mr J Davies APPROVED PENRITH, CA11 9LW

20/0448 Tree Works (CA) Alston Felling of Chestnut tree. BELDY HOUSE, GARRIGILL, Mr N O'Dwyer APPROVED ALSTON, CA9 3DH

20/0452 Full Application Yanwath & Single storey extension. BEECH BARN, GLENDOWLIN Mr P Sharpe APPROVED Eamont Bridge LODGES, YANWATH, PENRITH, CA10 2LA

20/0454 Tree Works (CA) Culgaith Fell Silver Birch tree. BROOK VIEW, SKIRWITH, Mrs S Ramspew APPROVED PENRITH, CA10 1RH

20/0463 Notice of Intention Langwathby Proposed agricultural building. COATSGILL HILL, COATSGILL, Miss R Lumley REFUSED EDENHALL, PENRITH,

20/0464 Notice of Intention Alston Proposed agricultural building. LOW GREENENDS, NENTHEAD, Mr M Robson APPROVED ALSTON, CA9 3NA

20/0465 Notice of Intention Alston Proposed extension to agricultural building LOW GREENENDS, NENTHEAD, Mr M Robson APPROVED ALSTON, CA9 3NA

20/0467 Advertisement Penrith Advertisement consent for 2no industrial PENRITH INDUSTRIAL ESTATE, Penrith Industrial Bid - APPROVED advertisements. PENRITH, Ms A Jones

20/0470 Tree Works Penrith Works to mature Beech Tree. 2 FOREST HOUSE, WORDSWORTH Mr P Woof APPROVED (TPO) STREET, PENRITH, CA11 7QX

20/0471 Tree Works (CA) Penrith Holly, Cherry and Yew trees to fell; various works to 2 FOREST HOUSE, WORDSWORTH Mr P Woof APPROVED Ornamental Plum, Hawthorn and Yew trees. STREET, PENRITH, CA11 7QX

20/0473 Householder Dacre Proposed single storey conservatory. THORN LODGE, STAINTON, Mr D Blyth APPROVED PD/PN PENRITH, CA11 0ES

20/0475 Non-Material Alston Non material amendment to reconfigure interior COATLITH HILL FARM, ALSTON, Messrs Harrison - Mr R APPROVED Amend space and associated works attached to approval CA9 3JZ Harrison 19/0623.

20/0483 Non-Material Penrith Non Material Amendment to change roof materials 1 PARK CLOSE, PENRITH, CA11 Mr D Guy APPROVED Amend attached to approval 19/0660 8ND

20/0489 Reserved by Temple Sowerby Discharge of Condition 2 (sample materials) attached LAND SOUTH EAST OF TEMPLARS JIW Properties Ltd - Mr APPROVED

Page 11 Page Cond to approval 20/0191. COURT, TEMPLE SOWERBY, Wilkinson PENRITH, CA10 1SR

04 September 2020 Page 5 of 6 Page 12 Page App No App Type Parish Description Location Applicant Decision

20/0490 Reserved by Temple Sowerby Discharge of Conditions 5 and 6 (foul and surface LAND SOUTH EAST OF TEMPLARS JIW Properties Ltd - Mr APPROVED Cond water drainage), attached to approval 17/0334. COURT, TEMPLE SOWERBY, Wilkinson PENRITH, CA10 1SR

20/0494 Notice of Intention Bolton Proposed agricultural building. HOLMELEA, BOLTON, APPLEBY-IN- Mr A Fleming APPROVED WESTMORLAND, CA16 6AW

20/0503 Notice of Intention Langwathby Proposed general purpose agriculture building. HIGH BARN, LANGWATHBY, Messrs Burne - Mr K APPROVED PENRITH, CA10 1NU Burne

20/0508 Notice of Intention Langwathby Extension to existing agricultural building. APPLETHWAITE, CULGAITH ROAD, JB Holliday & Sons - Mr APPROVED LANGWATHBY, CA10 1NA Holliday

20/0517 Notice of Intention Mungrisdale Proposed roof over midden and concreating of yard BERRIER END, BERRIER, PENRITH, Mr E Dixon APPROVED areas. CA11 0XA

20/0530 Non-Material Greystoke Non Material Amendment to the home office with NEDS HOUSE, NEWSHAM, HUTTON Mr N Walker APPROVED Amend black painted metal flue to South East elevation, ROOF, PENRITH, CA11 0XX relocation of building on the site, attached to approval 09/0283.

20/0556 Notice of Intention Kirkoswald Proposed Agricultural Building. HUDDLESCEUGH HALL FARM, Messrs Metcalfe - Mr R APPROVED RENWICK, PENRITH, CA10 1LB Metcalfe

20/0572 Non-Material Penrith Non Material Amendment to increase the width of the 19 FOLLY LANE, PENRITH, CA11 Mr L Dixon APPROVED Amend porch and install a velux light on the porch roof 8BT attached to approval 20/0054

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 acceptable form of development.

04 September 2020 Page 6 of 6

Tree Preservation Order Notice of Decision

To: Mr Jamie Walker Town Hall, Penrith, Cumbria CA11 7QF Tel: 01768 817817 10 Cumberland Close Clifton Email: [email protected] Penrith Direct dial: (01768) 212159 CA10 2EN

Application Ref: 20/0378 Town and Country Planning Act 1990 Town and Country Planning (Trees) Regulations 1999, 2008 and 2012 Tree Preservation Order Application To Carry Out Works To Protected Trees I refer to your application dated 11 June 2020 to carry out work to a tree(s) protected within the above Order at 10 Cumberland Close Clifton Penrith: Option 2 - Crown reduction to 3 No Lime trees as shown in photo No. 6 provided; Tree A - Approx. 4m reduction and 15% thinning including cosmetic shaping; Tree B - Approx. 2.5m reduction and up to 30% thinning; Tree C - Approx. 1m reduction and up to 30% thinning; Tree Preservation Order No 47, 1992. DECISION: In pursuance of their powers under the above Act and Regulations, Eden District Council, as local planning authority, hereby REFUSE permission for the tree work proposal described in your application and on the plans and drawings attached thereto. The reason(s) for this decision are: Refuse the application to fell TREE A and the crown thinning of TREES A, B and C. This consent does not authorise the felling of TREE A or the crown thinning of TREE’s A, B and C which formed part of the application. Reason: Tree A is a large mature tree which due to its size and prominent location in the landscape makes a substantial contribution to the character and amenity of the location. The loss of this tree would have a substantial negative impact on the visual amenity of the location and its enjoyment by the public. The crown thinning of the trees, in association with the crown reduction, and previous pruning will result in significant harm to the trees arising from the excessive loss of leaf area which is contrary to best practice.

Your Right of Appeal If you disagree with the decision of the Council or the attachment of any conditions you can appeal to the Secretary of State for the Environment via the Planning Inspectorate. All appeals must be made in writing within 28 days from the date you receive the Councils decision. The Secretary of State has the discretion to allow a longer period.

practice most cases will therefore be dealt with on the basis of the original application and its supporting information, the decision of the LPA and the reasons they gave when making that decision. The inspector may, however, ask for further information. Either party may if they wish have the appeal dealt with at a hearing or public local inquiry.

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

Appeals should be sent in writing to: The Planning Inspectorate, The Environment Appeals Team, Trees and Hedges, Room 3/25 Hawk Wing, Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6PN Tel: 0303 444 5000 e-mail: [email protected] Web: www.planning-inspectorate.gov.uk/pins/appeals/tree_preservation/index.htm

Compensation If you suffer any loss or damage as a direct consequence of the decision made by the Council, or by the attachment of any conditions, you may be entitled to recover from the Council compensation in respect of such loss or damage. If you wish to make a claim you must do so within 12 months from the date of this decision. Claims should be submitted in writing to: Head of Planning Services, Eden District Council, Mansion House, Penrith CA11 7YG.

Oliver Shimell LLB Assistant Director Planning and Economic Development Date of Decision: 11 August 2020

www.eden.gov.uk Page 14 2

Notice of Decision

Carriage Return

To: Westmorland Limited - Mr D Martin Mansion House, Penrith, Cumbria CA11 7YG Westmorland Place Tel: 01768 817817 Orton Penrith CA10 3SB

Town and Country Planning Act 1990 Town and Country Planning (Control of Advertisements) (England) Regulations 2007

Application No.: 20/0154 On Behalf Of: Westmorland Limited - Mr D Martin

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

Application Type: Advertisement Proposal: Advertising trailer 5m (w) x 272cm (h). Location: FIELD EAST OF RHEGED RHEGED CENTRE PENRITHCA11 0DQ

The reason(s) for this decision are:

1. The retention of the trailer sign in this location would have and result in a significant adverse and undesirable effect and impact on the landscape character and associated visual amenity of the sensitive locality within which it is located, at this key public entry point to the Lake District National Park and designated World Heritage Site.

2. Approval of an otherwise unjustified development of this kind and nature, and in such equally sensitive location would create awkward precedent that the Local Planning Authority would find difficult to resist elsewhere.

In the light of the recommendation to refuse, that Officers are instructed to instigate actions to secure the effective removal of the sign and associated trailer from the site within the shortest effective reasonable time period.

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: 12 August 2020

Oliver Shimell LLB www.eden.gov.uk Assistant Director Planning and Economic Development Page 15 Signed:

Oliver Shimell LLB Assistant Director Planning and Economic Development

www.eden.gov.uk 2 Page 16

Your reference: Our reference: 20/0463 Enquiries to: Mrs K Thompson Direct Dial: 01768 212481 Email: [email protected] Date: 12 August 2020 Mansion House, Penrith, Cumbria CA11 7YG Tel: 01768 817817

Miss R Lumley Ladyswood House Roundthorn Penrith CA11 8SJ

Dear Sir/Madam

Town and Country Planning Act 1990

Planning Application No: 20/0463 Proposal: Proposed agricultural building. Address: COATSGILL HILL COATSGILL EDENHALL PENRITH

Your Notice of Intention in respect of the above development has been considered by this Authority. I am writing to inform you that it has been REFUSED for the following reason(s):

PRIOR APPROVAL OF THE AUTHORITY IS REQUIRED.

Should you have any queries regarding this refusal please do not hesitate to contact the Case Officer directly at the above address.

Yours faithfully

Oliver Shimell LLB Assistant Director Planning and Economic Development

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

Tree Preservation Order Notice of Decision

To: Mr A Hill Town Hall, Penrith, Cumbria CA11 7QF Tel: 01768 817817 Douglas House Bongate Email: [email protected] Appleby Direct dial: (01768) 212159 CA16 6HW

Application Ref: 20/0419 Town and Country Planning Act 1990 Town and Country Planning (Trees) Regulations 1999, 2008 and 2012 Tree Preservation Order Application To Carry Out Works To Protected Trees I refer to your application dated 22 June 2020 to carry out work to a tree(s) protected within the above Order at Douglas House Bongate Appleby-In-Westmorland: T1, T2 and T5 to be felled as too close to property. DECISION: In pursuance of their powers under the above Act and Regulations, Eden District Council, as local planning authority, hereby REFUSE permission for the tree work proposal described in your application and on the plans and drawings attached thereto. The reason(s) for this decision are: 1. No evidence has been provided by the applicant to demonstrate that the trees present an increased risk of harm following completion of the risk reduction works recommended in the Treescapes Consultancy Ltd. 2. The works to reduce the oppressive nature of the trees, removal of a sycamore and topping of the Wellingtonia, recommended in the Treescapes Consultancy Ltd report has been undertaken, significantly reducing the overbearing nature of the treescape in relation to Douglas House. 3. The trees make a substantial positive contribution to the well tree’d character of the location, the setting of Bongate Hall and help integrate Douglas House, a modern property, into the mature landscaped grounds of the hall. The removal of the limes and Wellingtonia will have a substantial negative impact on the quality of the treescape, harming the character of the location to the detriment of the wider area and its enjoyment by the public. 4. It is considered that any benefits the applicant might accrue are not outweighed by the substantial harm to the landscape and amenity of the location.

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

Appeals are handled by the Planning Inspectorate (PINS). The1999 Regulations have been amended so that as from 1 October 2008 a fasttrack appeal procedure replaces the previous handling of appeals through the submission of written representations. In practice most cases will therefore be dealt with on the basis of the original application and its supporting information, the decision of the LPA and the reasons they gave when making that decision. The inspector may, however, ask for further information. Either party may if they wish have the appeal dealt with at a hearing or public local inquiry.

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

Oliver Shimell LLB Assistant Director Planning and Economic Development Date of Decision: 17 August 2020

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Notice of Decision

Carriage Return

To: Messrs Titterington Mansion House, Penrith, Cumbria CA11 7YG The Garage Tel: 01768 817817 Blencow Penrith CA11 0DG

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

Application No: 19/0597 On Behalf Of: Messrs Titterington

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

Application Type: Outline Application Proposal: Outline application for residential development with all matters reserved. Location: LAND TO SIDE AND REAR OF MAR AZUL BLENCOW PENRITH CA11 0DG

The reasons for this decision are:

1) The proposal has failed to demonstrate that it would not have a detrimental impact on employment land provision; that the benefits of reusing the site (for example cleaning contamination) would outweigh the disadvantage of redevelopment of the site for residential purposes; or that an employment use is not viable as there has been no market testing. Consequently, the proposal is considered contrary to Policy EC2 of the Eden Local Plan.

2) The proposed development site is set back from the road with access gained between two existing properties. It is considered that this backland form of development cannot be considered as infill or rounding off. Consequently, the proposal is considered to be contrary to Policy LS1, LS2 and HS2 of the Eden Local Plan.

3) The proposed development, while made in outline, has failed to demonstrate that it could positively respond to the character of the settlement which is defined by dwellings running in a linear fashion along the roads to the central area of the village. Therefore, the proposal is considered to be contrary to Policy LS2 and HS2 of the Eden Local Plan.

Date of Decision: 28 August 2020 www.eden.gov.uk Oliver Shimell LLB Page 20 Assistant Director Planning and Economic Development

Signed:

Oliver Shimell LLB Assistant Director Planning and Economic Development

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