Eden District Council Planning Committee Minutes Date: 17 December 2020 Venue: This was a virtual meeting and therefore there was no venue. Time: 9.30 am Present: Chairman: Councillor W Patterson Vice Chairman: Councillor M Eyles Councillors: I Chambers A Ross M Clark H Sawrey-Cookson D Holden D Wicks Standing Deputies: Councillor P G Baker Councillor E Martin Officers Present: Nick Atkinson, Planning Services Development Manager Others Present: Democratic Services Officer: Vivien Little, Nichola Baker and Karen Wyeth Pla/87/12/20 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, and observe the Government’s social distancing 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 Lynch, Councillor Simpkins, Councillor Baker attended as substitute, and Councillor Thompson, Councillor Martin attended as substitute. Pla/88/12/20 Minutes RESOLVED that the public minutes Pla/73/11/20 to Pla/86/11/20 of the meeting of this Committee held on 19 November 2020 be confirmed and signed by the Chairman as a correct record of those proceedings. 1 Pla/89/12/20 Declarations of Interest Councillor Eyles gave a personal explanation in that he was recording the meeting. Councillor Martin gave a personal explanation in that she was Chair of Hesket Parish Council and would be leaving the meeting for the duration of application 20/0434. Councillor Patterson gave a personal explanation with regard to application number 20/0429 as these applicants were known to him. He advised that he would be leaving the meeting before this item and therefore would not be taking part in the debate or vote. Pla/90/12/20 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 November 2020 b) Reasons for refusal on delegated decisions for the month of November 2020 be noted. Pla/91/12/20 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/92/12/20 Planning Application No: 20/0589 Outline application for a dwelling with all matters reserved. Car park at Lowther Castle Inn, Hackthorpe, Penrith The Committee received a presentation from Mr Graham K Norman (Architect) Ltd, an agent, in support of the application. 2 Proposed by Councillor Sawrey-Cookson Seconded by Councillor Baker That the application be REJECTED on the grounds of DEV3, Transport, Accessibility and Rights of Way For: 3 Against: 6 Abstain: 1 The motion therefore FELL Proposed by Councillor Chambers Seconded by Councillor Wicks For: 7 Against: 2 Abstain: 1 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 original 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 21 August 2020 ii. Location Plan (120-139A-01) received 21 August 2020 3 iii. Design and Access Statements received 21 August 2020 Reason: To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission. Before the development is commenced 5. Full details of the surface water drainage system (incorporating SUDs features as far as practicable) and a maintenance schedule (identifying the responsible parties) shall be submitted to the Local Planning Authority for approval prior to development being commenced. Any approved works shall be implemented prior to the development being completed and shall be maintained thereafter in accordance with the schedule. Reason: To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution. To ensure the surface water system continues to function as designed and that flood risk is not increased within the site or elsewhere. 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. Pre-occupancy or other stage conditions 6. Details showing the provision of a vehicle turning space within the site, which allows vehicles visiting the site to enter and leave the highway in a forward gear, shall be submitted to the Local Planning Authority for approval. The development shall not be brought into use until any such details have been approved and the turning space constructed. The turning space shall not thereafter be used for any other purpose. Reason: To ensure that provision is made for vehicle turning within the site and in the interests of highway safety. 7. The vehicular crossing over the footway, including the lowering of kerbs, shall be carried out in accordance with details that shall be submitted to and approved in writing by the Local Planning Authority. Reason: To ensure a suitable standard of crossing for pedestrian safety. 8. The whole of the access area bounded by the carriageway edge, entrance gates and the splays shall be constructed and drained in accordance with details that shall be submitted to and approved in writing by the Local Planning Authority. Reason: In the interests of road safety. Ongoing Conditions 9. Foul and surface water shall be drained on separate systems. Reason: To secure proper drainage and to manage the risk of flooding and pollution. 10. Construction works shall be carried out only between 0800 – 1800 hours Mondays – Fridays; 0900 – 1300 hours on Saturdays and there shall be no activity on Sundays and Bank Holidays. 4 Reason: To safeguard the amenity of residents living nearby. Informative: If the application is approved the applicant must not commence works, or allow any person to perform works, on any part of the highway until in receipt of an appropriate permit allowing such works. They will need to contact Streetworks East [email protected] for the appropriate permit. Pla/93/12/20 Planning Application No: 20/0484 Outline application for erection of 2no. local occupancy dwellings with all matters reserved. Land at Southwaite, Southwaite, CA4 0LL The Committee received a presentation from Mr Fisher, the applicant, in support of the application. The Committee received a presentation from Ms A Jones, an agent, in support of the application. Proposed by Councillor Sawrey-Cookson Seconded by Councillor Holden And RESOLVED that planning permission be REFUSED for the following reasons: 1. The proposed development is not consider to be infill or rounding off, conflicting with Policies LS1 and HS2 of the Local Development Plan. 2. The proposed development would have an unacceptable landscape impact conflicting with Chapters 12 and 15 of the NPPF and Policies DEV5 and ENV2 of the Local Development Plan. Pla/94/12/20 Planning Application No: 20/0669 Demolition of existing shed and erection of a replacement shed. Re-submission of 20/0223 Banks Gale, North Stainmore, Kirkby Stephen, CA17 4EX The Committee received a presentation from Mr W Steele, Stainmore Parish Council, in support of the application. The Committee received a presentation from Mr D Addis, an agent, in support of the application. Councillor Sawrey-Cookson proposed that the application for planning permission be refused. This proposal did not find a seconder and therefore the motion FELL. Proposed by Councillor Eyles Seconded by Councillor Holden and RESOLVED that planning permission be GRANTED as the reduced size and scale of the shed created an acceptable proposal in accordance with DEV5, Design of New Development, and that the planning permission be GRANTED subject to delegated 5 authority being given to the Assistant Director Planning and Economic Development to agree conditions.