Agenda, decisions and minutes

Development Panel
Tuesday 5th March, 2019 1.00 pm

Venue: Council Chamber, Allerdale House. View directions

Contact: Lee Jardine  01900 702502

Items
No. Item

393.

Minutes pdf icon PDF 118 KB

To sign as a correct record the minutes of the meeting held on 22 January 2019

Minutes:

The minutes of the meeting held on 22nd January 2019 were signed as a correct record.

394.

Declaration of Interests

Councillors/Staff to give notice of any disclosable pecuniary interest, other registrable interest or any other interest and the nature of that interest relating to any item on the agenda in accordance with the adopted Code of Conduct.

Minutes:

7.  TPO/2018/12 - Tree Preservation Order for T1 Beech Tree, Land north of Friar Row, Caldbeck.

  Councillor Tony Annison; Other Interest; Previously made a presentation in connection with this application.

 

395.

Questions

To answer questions from Councillors and members of the public – submitted in writing or by electronic mail no later than 5.00pm, 2 working days before the meeting.

Minutes:

None Received

396.

2/2018/0532 Residential development for 5 detached dwellings including associated infrastructure and landscaping, Land at Ellerbeck Brow, Brigham, Cockermouth pdf icon PDF 2 MB

Minutes:

Representations

 

Nick Cockton spoke against the application

 

Cllr Dr Mark Greaves spoke on behalf of Brigham Parish Council

 

Application

 

The report recommended refusal

 

The report outlined the application and detailed the main issues in the report as follows:

 

·  Principle of Development

·  Settlement Limits

·  Design and Layout

·  Highways

·  Residential Amenity

·  Landscape

·  Ecology

·  Overall Tilted Balance

 

The Senior Planning Officer introduced the item which was a detailed proposal for 5 dwellings.

 

The applicant’s agent submitted a supporting letter, and the Senior Planning Officer explained the contents of the letter to the members.

 

The Senior Planning Officer then delivered his presentation to members.

 

He also advised that the merits of the proposal are complex given the updated planning policy context - history of the site, and the merits of the revised current housing proposal.

 

In terms of the benefits of the scheme officers acknowledged that the proposal is different to the last scheme dismissed at appeal. Its scale is substantially reduced from 34 dwellings to five which includes the overall reduction in the size of the overall site, with one of these dwellings to be offered as affordable, contributing towards community objectives.

 

Officers did not dispute the benefits of the proposal towards the delivery of the council’s housing supply over the plan period, but these have to be balanced against the environmental constraints identified in the former appeal decision, with a range of planning considerations remaining pertinent to the application site.

 

The Senior Planning Officer then discussed the most recent appeal and the weight given to inspector’s conclusions. The previous application was refused, contrary to officer’s recommendation on the six grounds specified within the planning history of the report.

 

Members noted the representations received in respect of the application, the main grounds which were set out in the report.

 

Members asked questions of the speakers and officers and debate ensured in relation to visibility splays, boundary treatments, separation distances and the loss of amenity.

 

Councillor Miskelly moved to refuse the application as per officer’s recommendation; this was seconded by Councillor Grainger.

 

A vote was taken on the motion to refuse, 10 voted in favour, 0 against and 0 abstentions.

 

The motion was carried.

 

Resolved

 

Refused as per officer recommendation

 

 

397.

2/2018/0372 Demolition of existing dwelling and re-development to provide part residential development and part allotments (outline with all matters reserved), Land rear of Moor House, Marsh Terrace, Ellenborough, Maryport pdf icon PDF 3 MB

Minutes:

Representations

 

Craig Thompson spoke against the application

 

Neil Neesham spoke against the application

 

The agent Leah Cole spoke in support of the application.

 

Application

 

The report recommended approval, subject to conditions and the signing of a section 106 agreement to secure a 20% affordable housing and for a fee to cover the costs of a modified Traffic Regulation Order to secure highway works resulting from the creation of a new access off the A594.

 

The report outlined the application and detailed the main issues in the report as follows:

 

Principle of Development

 

The site falls within existing settlement limits of Maryport, with the release of a Greenfield site considered to be acceptable.

 

Replacement Allotment Provision

 

The original proposal has been amended to include the provision of some allotments. Officers established that 576sqm of land is currently in allotment use, and this will be secured by condition. The scheme is considered to accord with the requirements of Policy S25.

 

Sustainability, Access and Parking

 

The site is considered to be in a suitable location which will involve the creation of a new access road off the A594. The Highways Authority has queried the achievability of visibility splays, with amended plans demonstrating the achievable visibility and the implications for on street parking.

 

The proposal is considered acceptable in terms of the sustainability of the location, the provision of parking and highway safety.

 

Standard of Housing Environment

 

The indicative plan is considered sufficient to conclude that the site could accommodate 15 units which would be able to provide a good standard of housing environment.

 

Housing Mix

 

The adequacy of the housing mix would be fully assessed at the reserved matters stage.

 

Impact of Residential Amenity

 

As this is an outline application it is not possible to determine the standard the impact of the development on the amenity of neighbouring residents. However due to the changes of levels in the vicinity of the site, it is considered appropriate to limit the number of units proposed to that shown on the indicative plan, to limit any dwellings adjacent to the northern boundary of the site to single story only and to condition the submission of cross sections and existing and proposed floor levels as part of reserved matters.

 

Heritage Assets

 

The former Crown Inn is a grade II listed building. It is considered that with careful consideration of placement, massing and levels a scheme could be achieved that would not impact significantly on the setting of the heritage asset.

 

Ecology

 

The potential impact on bats is considered to be low risk

 

Trees

 

The proposal would involve some tree removal, none of which are considered worthy of a TPO.

 

Ground Conditions

 

A phase 1 Geo-Technical Report has been provided with the application which recommends further site investigation.

 

Surface Drainage Water

 

The site is not at risk of flooding, controls are recommended for the control, management and maintenance of a detailed drainage scheme.

 

The Planning and Building Control Manager introduced the item which was a detailed proposal for demolition of an existing dwelling and redevelopment to provide residential development and part allotments, advising that as per condition 25 no more than 15 dwellings can be constructed.

 

The Planning and Building Control Manager went on to explain that, currently, the site is a mix of scrubland and allotments, with private informal arrangements currently in place for the allotments. The site also has informal footpaths and a variety of sheds and other out buildings.

Due to the introduction of a new access road onto the A594, condition 14 includes the provision of allocated parking spaces for residents of Marsh Terrace, and in relation to visibility splays from this access, visibility of 60 metres measured from 2.4m down the centre of the access road.

 

Members noted the representations received in respect of the application, the main grounds which were set out in the report.

 

Members asked questions of the speakers and officers and debate ensued in relation subsidence, visibility splays from the potential access road, allotments ownership and the future proposed allotment space.

 

Members were concerned about the alleged subsidence in neighbouring properties and the potential dangers that could emerge.

 

The Building and Control Manager confirmed to members that the Building Control Team would establish whether this was a dangerous structure.

 

Councillor Farebrother then moved to defer the application, pending a site visit; this was seconded by Councillor Pegram. This was to enable members to gain a better understanding of the extent of allotments on site and relationship to existing dwellings.

 

A vote was taken on the deferment, 8 voted in favour, 2 against and 0 abstentions.

 

The motion was carried.

 

Resolved

 

Deferred for a site visit

 

 

 

 

 

 

 

 

 

 

 

 

Councillor Tony Annison left the Meeting

398.

TPO/2018/12 - Tree Preservation Order for T1 Beech Tree, Land north of Friar Row, Caldbeck pdf icon PDF 2 MB

Minutes:

Representations

 

Tim Cartmell with Paul Graham of Cumbria Tree Services spoke on behalf of the Parish Council. They specifically questioned the Council’s TEMPO assessment of the tree and compared it with one undertaken by Mr Graham. The Parish Council’s TEMPO score did not merit a TPO.

 

Application

 

The Application recommended that the made order TPO/12/2018 for the Beech tree at Land North of Friar Row, Caldbeck be confirmed.

 

The Planning and Building Control Manager confirmed to members that the TPO was made on 24th September 2018 and read a statement of objection of the TPO from Mr Coulthard.

 

The Planning and Building Control Manager presented images of the Tree and the vicinity and confirmed that the Council Assessment, using the TEMPO scoring method was 16, which merits a TPO.

 

Members noted the representations received in respect of the application, the main grounds which were set out in the report.

 

Members then asked questions of the speakers and officers and debate ensued in relation to the comparison of the two TEMPO assessments (one behalf of the Borough and Parish Council). A specific query was made by members as to whether the tree under consideration was part of a group as this affected the TEMPO score. The Council’s Planning Officer confirmed it was.

 

Councillor Farebrother then moved to confirm the TPO as per officer’s recommendation.

 

This was seconded by Councillor Pegram.

 

A vote was taken on the motion, 6 voted in favour, 2 against and 1 abstention.

 

The motion was carried.

 

Resolved

 

That the order TPO/12/2018 be confirmed.

 

 

 

 

 

 

 

399.

2/2018/0590 Change of use of land from agricultural to domestic use and erection of domestic storage building, Holme Croft, Westnewton, Wigton pdf icon PDF 2 MB

Minutes:

The item was withdrawn prior to the meeting of this Development Panel.