Date: 7 October 2020 Town Hall, Penrith, Cumbria CA11 7QF Tel: 01768 817817 Email: [email protected] Dear Sir/Madam Planning Committee Agenda - 15 October 2020 Notice is hereby given that a meeting of the Planning Committee will be held at 9.30 am on Thursday, 15 October 2020. This meeting will be a virtual meeting and therefore will not take place in a physical location following guidelines set out in Section 78 of the Coronavirus Act 2020. To view the Planning meeting for 15 October 2020 click here. To view the overspill Planning meeting (if needed) for 16 October 2020 click here. 1 Apologies for Absence 2 Appointment of Vice-Chairman To appoint a Vice-Chairman of the Planning Committee for the 2020/2021 municipal year. 3 Minutes To sign the minutes Pla/49/09/20 to Pla/58/09/20 of the meeting of this Committee held on 17 September 2020 as a correct record of those proceedings (copies previously circulated). 4 Declarations of Interest To receive any declarations of the existence and nature of any private interests, both disclosable pecuniary and any other registrable interests, in any matter to be considered or being considered. 5 Appeal Decision Letters (Pages 5 - 14) To receive report PP34/20 from the Assistant Director Planning and Economic Development which is attached and which lists decision letters from the Planning Inspectorate received since the last meeting: Paul Sutton Interim Director of Corporate www.eden.gov.uk Services Application Applicant/Appeal Appeal Decision No. 19/0595 Mr and Mrs Artie Chambers The appeal is Land adjacent to Blencathra Barn, allowed is varied by Newton Reigny, CA11 0AY deleting condition No 7 The appeal is made under section 78 of the Town and County Planning Act 1990 against a grant of planning permission subject to conditions. The condition in dispute is No 7. The development proposed is the construction of new residential dwellings. 19/0601 Messers Cannon The appeal is Land between Sandie Brig and dismissed. Traemar, Brampton, CA16 6JS The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant outline planning permission. The development proposed is outline application for four dwellings with all matter reserved. 6 Planning Issues (Pages 15 - 24) To note the attached lists of the Assistant Director Planning and Economic Development. a) Applications determined under office delegated powers for the month of September 2020 b) Reasons for refusal on delegated decisions for the month of September 2020 7 Planning Issues - Applications for Debate (Green Papers) (Pages 25 - 72) To consider the reports of the Assistant Director Planning and Economic Development on the following applications: Item Officer Page Application Details No Recommendation Number 1 Planning Application No: 20/0450 Recommended to: Variation of condition 2 (plans APPROVE compliance) to allow the siting of a new Subject to 27 field shelter and condition 8 to allow two Conditions additional horses to be kept on a livery basis taking the total to six horses www.eden.gov.uk 2 attached to approval 19/0230 Land to South of Church Road, Greystoke Mr R Kellett 2 Planning Application No: 20/0197 Recommended to: Erection of dwelling with integral garage APPROVE Subject to 40 Wilderswood, Beacon Edge Conditions Mr and Mrs Dudson 3 Planning Application No: 20/0538 Recommended to: Variation of condition 4 (plans APPROVE compliance) to remove reference to Subject to indicative site sketch plan SK-100 Rev Conditions 54 B, attached to approval 16/0968 Land West of Gillian’s Well, Calthwaite Genesis Homes 4 Tree Preservation Order No: 206, Recommended to: 2020 CONFIRM 66 OS Grid Ref: 353229 529441 For the reasons stated in the formal Land at Carleton Hall Farm, Penrith notice 8 Confirmation of Site Visits (if any) To confirm the date and location of any site visits that may have been agreed. 9 Any Other Items which the Chairman decides are urgent 10 Date of Next Meeting The date of the next scheduled meeting be confirmed as 19 November 2020. Yours faithfully www.eden.gov.uk 3 P Sutton Interim Director of Corporate Services Democratic Services Contact: Nichola Baker Encs For Attention All members of the Council Chairman – Councillor W Patterson (Independent Group) Vice Chairman – Councillors I Chambers, Conservative Group A Ross, Green Group M Clark, Independent Group H Sawrey-Cookson, Independent Group M Eyles, Liberal Democrat Group G Simpkins, Liberal Democrat Group D Holden, Liberal Democrat Group J G Thompson, Conservative Group J C Lynch, Conservative Group D Wicks, Conservative Group Standing Deputies A Armstrong, Conservative Group E Martin, Conservative Group P G Baker, Liberal Democrat Group A Meadowcroft, Conservative Group D Banks, Independent Group G Nicolson OBE, Conservative Group L Harker, Liberal Democrat Group D Ryland, Independent Group S Lancaster, Independent Group D Smith, Liberal Democrat Group D Lawson, Green Group Please Note: 1. Section 78 of the Coronavirus Act 2020 and the Local Authorities and Police and Crime Panels (Coronavirus)(Flexibility of Local Authority and Police and Crime Panel Meetings)(England and Wales) Regulations 2020 mean that this meeting of Eden District Council is classed as a virtual meeting. 2. Under the Openness of Local Government Bodies Regulations 2014 this meeting has been advertised as a public meeting (unless stated otherwise) and as such could be filmed or recorded by the media or members of the public www.eden.gov.uk 4 Agenda Item 5 Report No: PP34/20 Eden District Council Planning Committee 15 October 2020 Appeal Decision Letters Report of the Assistant Director Planning and Economic Development Attached for Members’ information is a list of Decision Letters received since the last meeting: Application Applicant Appeal Decision Number(s) 19/0595 Mr and Mrs Artie Chambers The appeal is Land adjacent to Blencathra Barn, Newton allowed, is varied Reigny, CA11 0AY by deleting condition No 7. The appeal is made under section 78 of the Town and Country Planning Act 1990 against a grant of planning permission subject to conditions. The condition in dispute is No 7. The development proposed is the construction of new residential dwellings. 19/0601 Messrs Cannon The appeal is Land between Sandie Brig and Traemar, dismissed. Brampton, CA16 6JS The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant outline planning permission. The development proposed is outline application for four dwellings with all matters reserved. Oliver Shimell Assistant Director Planning and Economic Development Page 5 Appeal Decision Site visit made on 6 August 2020 by M Seaton DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 16 September 2020 Appeal Ref: APP/H0928/W/20/3253174 Land adjacent to Blencathra Barn, Newton Reigny, CA11 0AY • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a grant of planning permission subject to conditions. • The appeal is made by Mr and Mrs Artie Chambers against the decision of Eden District Council. • The application Ref 19/0595, dated 9 August 2019, was approved on 28 November 2019 and planning permission was granted subject to conditions. • The development permitted is the construction of new residential dwellings. • The condition in dispute is No 7 which states that: The occupation of any the approved dwellings at Land Adjacent to Blencathra Barn, Newton Reigny shall be limited to a person(s) with a local connection to the locality, or a widow or widower of such a person, or any resident Dependants. Locality refers to the parish and surrounding parishes. In the first instance, if a property has been actively marketed for at least six months and an occupier cannot be found then the definition of locality will be extended out to include the County of Cumbria. A person with a local connection means a person who meets one of the following criteria: • The person lives in the locality and has done for a continuous period of at least three years. • The person works permanently in the locality for a minimum of 16 hours per week. Where a person is employed in an established business that operates in multiple locations, their employment activities should take place predominantly inside the locality. • The person has a firm offer of permanent employment, for a minimum of 16 hours per week in an already established business within the locality. • The person has moved away but has a strong established and continuous links with the locality by reason of birth or long-term immediate family connections. • The person needs to live in the locality because they need substantial care from a relative who has lived in the locality for at least three years, or needs to provide substantial care to a relative who has lived in the locality at least three years. Substantial care means that identified as required by a medical doctor or relevant statutory support agency. • The reason given for the condition is: To provide housing to meet local needs and support the village in accordance with policy HS2 of the local development plan. Decision 1. The appeal is allowed and the planning permission Ref 19/0595 for the construction of new residential dwellings on Land adjacent to Blencathra Barn, Newton Reigny, CA11 0AY granted on 28 November 2019 by Eden District Council, is varied by deleting condition No. 7. https://www.gov.uk/planning-inspectorate Page 6 Appeal Decision APP/H0928/W/20/3253174 Background and Main Issue 2. The appeal site is located within the village of Newton Reigny which is set to the north-west of Penrith. The site is set back from the road through the village to the rear of existing residential development and curtilages.