Decision details

Development Panel- 2/2018/0469 Land adj Ellenhall, Gilcrux- New field access to classified road (C2023)

Decision Maker: Development Panel

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No




Richard Evans and Jim Lister spoke in support of the application.




The report recommended granting permission subject to conditions


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


·  Creation of access


The agricultural access is considered acceptable from a highway perspective.


·  Heritage Issues


The proposal will not result in a detrimental impact on the character of the Grade II Listed Buildings to the East of the site.


The proposal is to create a new field access in the classified road (C2023).


Questions were asked of the speaker, who requested that condition 4 is removed from the application.


Questions were then asked of the officers and debate followed relating to the access, current procedures and around the exclusion of condition 4. Members considered that the condition’s imposition was not reasonable given that it required the closure of an existing access which was still required. The new access was to enable improved highway safety for livestock but its geometry is such that it cannot be used for machinery (due to the restricted width of the track within the site) and therefore the existing access must be retained.


Councillor Joe Cowell moved to approve the application as per officers recommendation with the exclusion of condition 4. This was seconded by Councillor Tony Annison.


A vote was taken, 6 voted in favour, 2 against and 0 abstentions.


The motion was carried




Grant subject to conditions but without condition 4 (so no requirement to close the existing access).

Reason – The Council is content that two accesses will preserve the setting of the listed building and character and appearance of the area and there is no necessity to close the exiting authorised access.



1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: In order to comply with Section 91 of the Town and Country Planning Act



2. With the exception of the requirements of condition 3, the development hereby permitted shall be carried out solely in accordance with the following plans:

18.26. LOC Site Location Plan

18.26. SITE Rev A Site & Block Plan

Reason: In order to ensure that the development is carried out in complete accordance with the approved plans and any material and non-material alterations to the scheme are properly considered.


3. The proposed galvanised gate and posts should be finished in matt grey colour and texture prior to being installed and shall thereafter be retained in this finish.

Reason: In the interests of protecting the character of the Listed Building, in accordance with Policy S27 of the Allerdale Local Plan (part 1), Adopted July 2014.


Note to applicants:

No works and/or any person performing works on any part of the Highways, including verges, will be permitted, until in receipt pf an appropriate permit allowing such works.

Enquiries should be made to Cumbria County Councils Street work’s team.











Report author: Kelly Hampson

Publication date: 13/12/2018

Date of decision: 11/12/2018

Decided at meeting: 11/12/2018 - Development Panel

Accompanying Documents: