Date: 7 November 2018 Town Hall, Penrith, Cumbria CA11 7QF Tel: 01768 817817 Email: [email protected] Dear Sir/Madam Planning Committee Agenda - 15 November 2018 Notice is hereby given that a meeting of the Planning Committee will be held at 9.30 am on Thursday, 15 November 2018 at the Council Chamber, Town Hall, Penrith. 1 Apologies for Absence 2 Minutes To sign the minutes Pla/76/10/18 to Pla/93/10/18 of the meeting of this Committee held on 18 October 2018 as a correct record of those proceedings (copies previously circulated). 3 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. 4 Appeal Decision Letters (Pages 5 - 20) To receive report TES55/18 from the Deputy Director Technical Services which is attached and which lists decision letters from the Planning Inspectorate received since the last meeting: Application Applicant/Appeal Appeal Decision No. 18/0018 Mr John Carruthers The appeal is Midtown Farm, Clifton, Nr Penrith, allowed subject to CA10 2EE conditions The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. The development proposed is a new four bedroom detached dwelling on land to the rear of Midtown Matthew Neal www.eden.gov.uk Deputy Chief Executive Farmhouse, Penrith Mr John Carruthers The application for Midtown Farm, Clifton, Nr Penrith, an award of costs is CA10 2EE refused. The application is made under the Town and Country Planning Act 1990, sections 78, 322 and Schedule 6, and the Local Government Act 1972, section 250(5). The appeal was against the refusal of planning permission for a new four bed detached dwelling. 17/0739 Chris Nichol Construction Ltd The appeal is Site to the north east of High House dismissed. Farmhouse, Catterlen, Penrith, Cumbria, CA11 0BQ The appeal is made under section 78 of the Town and Country Planning Act 1990 against a failure to give notice within the prescribed period of a decision on an application for outline planning permission. The development proposed is the erection of 3 no. 4 bed detached dwellings Chris Nichol Construction Ltd The application for Site to the north east of High House an award of costs is Farmhouse, Catterlen, Penrith, refused. Cumbria, CA11 0BQ The application is made under the Town and Country Planning Act 1990, sections 78, 322 and Schedule 6, and the Local Government Act 1972, section 250(5). The appeal was against the refusal of failure of the Council to issue a notice of their decision within the prescribed period on an application for the grant of outline planning permission for 3 no. 4 bed detached dwellings. 5 Planning Issues (Pages 21 - 38) To note the attached lists of the Deputy Director Technical Services. a) Applications determined under office delegated powers for the month of October 2018. b) Reasons for refusal on delegated decisions for the month of October 2018. 6 Planning Issues - Applications for Debate (Green Papers) (Pages 39 - 104) www.eden.gov.uk 2 To consider the reports of the Deputy Director Technical Services on the following applications: Item Officer Page Application Details No Recommendation Number 1 Planning Application No: 18/0531 Recommended to: Removal of condition 13 associated with APPROVE 41 planning permission ref. 15/1097 Subject to Conditions Land adjacent to Cross Croft, Appleby 2 Planning Application No: 18/0557 Recommended to: 2 Storey Dwellinghouse with attached APPROVE 56 garage Subject to Conditions Plot 6, Joiners Close, Newbiggin 3 Planning Application No: 18/0629 Recommended to: Application for approval of outstanding APPROVE reserved matters of outline application Subject to 66 16/0706 for construction of one dwelling Conditions Land to the Northeast of Lyvennet Bridge, Morland 4 Planning Application No: 18/0467 Recommended to: Change of use of pub to 5 apartments APPROVE 74 Subject to Former Lowther Arms, Queen Street, Conditions Penrith 5 Planning Application No: 18/0468 Recommended to: Change of use of pub to 5 apartments APPROVE 85 Subject to Former Lowther Arms, Queen Street, Conditions Penrith 6 Planning Application No: 18/0251 Recommended to: Land adjacent Kiln House, Keld Lane, REFUSED 96 Keld, Shap With Reasons Messrs Fishwick & Simpson 7 Confirmation of Site Visits (if any) To confirm the date and location of any site visits that may have been agreed. 8 Any Other Items which the Chairman decides are urgent www.eden.gov.uk 3 9 Date of Next Meeting The date of the next scheduled meeting be confirmed as 13 December 2018. Yours faithfully M Neal Deputy Chief Executive (Monitoring Officer) Democratic Services Contact: Vivien Little Encs For Attention All members of the Council Chairman – Councillor J G Thompson (Conservative Group) Vice Chairman – Councillor W Patterson (Independent Group) Councillors A Armstrong, Conservative Group V Kendall, Conservative Group I Chambers, Conservative Group J C Lynch, Conservative Group M Clark, Independent Group R Sealby, Conservative Group M Eyles, Liberal Democrat Group H Sawrey-Cookson, Independent Group D Holden, Liberal Democrat Group Standing Deputies D Banks, Independent Group J Raine, Conservative Group A Hogg, Conservative Group V Taylor, Liberal Democrat Group M Smith, Independent Group M Rudhall, Liberal Democrat Group Please Note: 1. Access to the internet in the Council Chamber and Committee room is available via the guest wi-fi – no password is required 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 4 Report No TES55/18 Eden District Council Planning Committee 15 November 2018 Appeal Decision Letters Report of the Deputy Director Technical Services Attached for Members’ information is a list of Decision Letters received since the last meeting: Application Applicant Appeal Decision Number(s) 18/0018 Mr John Carruthers The appeal is Midtown Farm, Clifton, Nr Penrith, CA10 2EE allowed subject to conditions. The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. The development proposed is a new four bedroom detached dwelling on land to the rear of Midtown Farmhouse, Penrith. Mr John Carruthers The application Midtown Farm, Clifton, Nr Penrith, CA10 2EE for an award of costs is refused. The application is made under the Town and Country Planning Act 1990, sections 78, 322 and Schedule 6, and the Local Government Act 1972, section 250(5). The appeal was against the refusal of planning permission for a new four bed detached dwelling. Page 5 Application Applicant Appeal Decision Number(s) 17/0739 Chris Nichol Construction Ltd The appeal is Site to the north east of High House Farmhouse, dismissed. Catterlen, Penrith, Cumbria, CA11 0BQ The appeal is made under section 78 of the Town and Country Planning Act 1990 against a failure to give notice within the prescribed period of a decision on an application for outline planning permission. The development proposed is the erection of 3 no. 4 bed detached dwellings. Chris Nichol Construction Ltd The application Site to the north east of High House Farmhouse, for an award of Catterlen, Penrith, Cumbria, CA11 0BQ costs is refused. The application is made under the Town and Country Planning Act 1990, sections 78, 322 and Schedule 6, and the Local Government Act 1972, section 250(5). The appeal was against the refusal of failure of the Council to issue a notice of their decision within the prescribed period on an application for the grant of outline planning permission for 3 no. 4 bed detached dwellings. Jane Langston Deputy Director Technical Services Page 6 Appeal Decision Site visit made on 24 September 2018 by Helen Hockenhull BA(Hons) B.Pl MRTPI an Inspector appointed by the Secretary of State for Communities and Local Government Decision date: 26 October 2018 Appeal Ref: APP/H0928/W/18/3204421 Midtown Farm, Clifton, Nr Penrith CA10 2EE The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. The appeal is made by Mr John Carruthers against the decision of Eden District Council. The application Ref 18/0018, dated 10 January 2018, was refused by notice dated 8 March 2018. The development proposed is a new four bedroom detached dwelling on land to the rear of Midtown Farmhouse, Penrith. Decision 1. The appeal is allowed and planning permission is granted for a new four bedroom detached dwelling on land to the rear of Midtown Farmhouse, Clifton, Nr Penrith in accordance with the terms of the application, Ref 18/0018, dated 10 January 2017, subject to the following conditions: 1) The development hereby permitted shall begin not later than 3 years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: Drawing No. MTFC/ND/JC/FP/V2/01 Site Location Plan, Drawing No. MTFC/ND/JC/FP/03 - Proposed Site Plan, Drawing No. MTFC/ND/JC/FP/V2/05 - Ground Floor Plan, Drawing No. MTFC/ND/JC/FP/06 - First Floor Plan, Drawing No. MTFC/ND/JC/FP/07 - Proposed Elevations. 3) Notwithstanding the submitted plans, prior to the commencement of any development, a surface water drainage scheme informed by evidence of an assessment of the site conditions shall be submitted to and approved in writing by the local planning authority. The surface water drainage scheme must be in accordance with the Non-Statutory Technical Standards for Sustainable Drainage Systems (March 2015) or any subsequent replacement national standards.