PLANNING COMMITTEE
Meeting: 1st July, 2008
at 2.30 p.m.
PRESENT:- Councillors McClure (Chairman), Wood (Vice-Chairman), Bell, Bleasdale, Dawes, Heath, Husband, Irwin, Jefferson, McEwan, Waiting and Williams.
140 – Chairman’s Announcement – Death of Councillor Liversedge
The Chairman informed the Committee that Councillor Colin Liversedge who was a Member of the Planning Committee had sadly passed away on 24th June, 2008. The Committee observed a minutes silence as a mark of respect for Councillor Liversedge.
141 – Disclosures of Interest
Councillor Bell declared a personal and prejudicial interest in Planning Application No. 2008/0552 – Tudor Square, Dalton-in-Furness (Minute No. 191) and left the meeting during consideration of this application. He was a member of the Dalton Traders and Business Association.
Councillor Dawes declared a personal interest in Planning Application No. 2008/0508 – 78 Market Street and 27 and 29 Garden Terrace, Dalton-in-Furness (Minute No. 186). The applicant, former Councillor Gordon Murray was known to her.
Councillor Heath declared a personal interest in Planning Application No. 2008/0508 – 78 Market Street and 27 and 29 Garden Terrace, Dalton-in-Furness (Minute No. 186). The applicant, former Councillor Gordon Murray was known to her.
Councillor Husband declared a personal interest in Planning Application No. 2008/0508 – 78 Market Street and 27 and 29 Garden Terrace, Dalton-in-Furness (Minute No. 186). The applicant, former Councillor Gordon Murray was known to her.
Councillor Irwin declared a personal interest in Planning Application No. 2008/0508 – 78 Market Street and 27 and 29 Garden Terrace, Dalton-in-Furness (Minute No. 186). The applicant, former Councillor Gordon Murray was known to her.
Councillor Jefferson declared a personal interest in Planning Application No. 2008/0508 – 78 Market Street and 27 and 29 Garden Terrace, Dalton-in-Furness (Minute No. 186). The applicant, former Councillor Gordon Murray was known to him.
Councillor McClure declared a personal interest in Planning Application No. 2008/0508 – 78 Market Street and 27 and 29 Garden Terrace, Dalton-in-Furness (Minute No. 186). The applicant, former Councillor Gordon Murray was known to him. He also declared a personal interest in Planning Application No. 2008/0040 – Former Methodist Chapel, Storey Square, Barrow-in-Furness (Minute No. 188). The applicant was known to him.
Councillor Waiting declared a personal and prejudicial interest in Planning Application No. 2008/0459 – Duke of Edinburgh Hotel, Abbey Road, Barrow-in-Furness (Minute No. 193) and left the meeting during consideration of this item. She was the Chairman of BDDA.
Councillor Williams declared a personal interest in Planning Application No. 2008/0508 – 78 Market Street and 27 and 29 Garden Terrace, Dalton-in-Furness (Minute No. 186). The applicant, former Councillor Gordon Murray was known to him.
Councillor Wood declared a personal interest in Planning Application No. 2008/0508 – 78 Market Street and 27 and 29 Garden Terrace, Dalton-in-Furness (Minute No. 186). The applicant, former Councillor Gordon Murray was known to him. He also declared a personal and prejudicial interest in Planning Application No. 2008/0459 – Duke of Edinburgh Hotel, Abbey Road, Barrow-in-Furness (Minute No. 193). He was the Chairman of the Townscape Heritage Initiative Committee which passed grants for the staircase to this application.
142 – Apologies for Absence/Attendance of Substitute Members
Councillors Williams and Bell had replaced Councillors Liversedge and Murray respectively for this meeting only.
143 – Minutes
The Minutes of the meeting held on 10th June, 2008 were taken as read and confirmed.
144 – Minor Amendments
The Director of Regeneration and Community Services reported that at the meeting on 20th December, 2005 it had been resolved that Minor Amendments would no longer be dealt with by means of a letter from the applicant but would have to be the subject of a fresh full application (Minute No. 551 refers), following legal advice concerning a High Court judgement at that time.
Since that Minute, the Director had become aware that many other authorities in Cumbria and nationally had now decided to take a softer, more pragmatic line for minor alterations that were unlikely to have any longer term implications for enforcement of conditions. This had also been found to confirm to a valid interpretation of more recent case law.
It would apply typically to householder applications where the applicant wished to make a slight change such as to a window position or size or to the type of materials or indeed to reduce a dimension.
He therefore suggested that for future requests for minor amendments that he considered to be de minimis (i.e. to be of so small a scale as to have no impact on a material planning consideration) and to not cause any significant, longer-term enforcement issues, the following procedure be adopted:-
A written request from the applicant or agent must be made giving the following information:-
1. Full details of the original application;
2. Two copies of plans of the proposed amendments which clearly identify the changes; and
3. A schedule detailing all proposed changes.
This request would be passed to the original case officer wherever possible and consideration given to the impact of the proposed amendments under a range of criteria, including the following:-
· Does the amendment constitute development;
· Is the amendment permitted development at that time;
· Would the amendment prejudice third parties;
· Would enforcement action against the amendment be expedient;
· Would the amendment result in additional or substantially altered windows or other elevational changes that would have an adverse effect on neighbouring properties;
· Did the original application involve substantial representations on planning grounds;
· Does the amendment adversely affect the character of the original proposal; and
· Does the amendment adversely affect the compliance with planning conditions.
The local authority would advise the applicant/developer in writing as to whether the proposed amendment was considered to be significant/material and therefore whether the development may proceed as amended or if a further planning application was required. If an applicant believed that the local authority’s decision was wrong they may submit an application for a Certificate of Lawfulness of Proposed Development, which included a right of appeal. It should also be noted that advice given on whether an amendment was material/significant which comprised an informal officer opinion was not binding on the Council. Therefore applicants/developers may wish to seek their own legal advice regarding the status of their planning permission and development, to satisfy themselves that following any amendment the development remained lawful to avoid possible future legal challenge.
RESOLVED:- That the proposals for very minor amendments to previously approved schemes, where the change was not considered by the Director of Regeneration to cause any material harm, the authority will accept their determination by means of an exchange of letters in accordance with the procedure set out in the preamble above.
145 – Field Near to 1 Roosecote Farm House
The Director of Regeneration and Community Services reported on the creation of a new access track on an embankment in a field near to 1 Roosecote Farm House without planning permission. This matter had been referred to the Planning Committee in December 2007. The Notice was issued on 8th January, 2008 requiring the removal of the embankment with a compliance date of 8th May, 2008. The Notice was not fully complied with by the date but the work had now been done.
RESOLVED:- That the information be noted.
146 – 10 North Scale, Barrow-in-Furness
The Director of Regeneration and Community Services reported on the siting of a shed and a satellite dish at 10 North Scale, Barrow-in-Furness. This matter had been referred to the Planning Committee in February 2007. Notices were issued which were not complied with and court action followed. The necessary Planning Applications had since been submitted and now been approved for a side extension and a satellite dish. In the meantime the shed had been removed. The action had resolved the situation and the case was now closed.
RESOLVED:- That the information be noted.
147 – 188 Marsh Street, Barrow-in-Furness
The Director of Regeneration and Community Services reported on the ruinous and dilapidated building at 188 Marsh Street, Barrow-in-Furness. This matter had been referred to the Planning Committee on 28th September, 2004. The Notice was served in February 2005 and work was started by the owner to restore and repair the property.
In the meantime the Council had applied to develop the land on the opposite side of Greengate Bridge at the rear of Marsh Street and decided to take possession of the property in connection with this development. This matter was now closed.
RESOLVED:- That the information be noted.
148 – Environmental Impact Assessment Scoping Report for Proposed Windfarm at Standish Cote and Harlock Hill
The Director of Regeneration and Community Services reported that a number of public and private organisations had been consulted on the contents of the scoping report for the proposed windfarm at Standish Cote and Harlock Hill. A variety of comments had been returned which were included in the Director’s report. He noted that it was important for Members to be aware that at this stage the purpose of the scoping report was to establish the subject areas that would be addressed in the final Environmental Statement (ES). Consequently whilst some of the consultation responses contained quite detailed requests these were not appropriate for this current exercise. However, there were a number of valid points raised and his recommendations were worded accordingly.
The applicants were also aware of the factual inconsistencies within some sections of the report and confirmed that this would be rectified in the ES. The Borough Council Officers had also met with them and raised a number of additional points, in particular the visual impact aspects of the scheme and the need to increase the number of theoretical viewpoints (known as Zones of Theoretical Visibility (ZTVs)) to include potentially sensitive locations within both this Borough and within South Lakeland.
The report, as submitted, broadly covered the main subject areas, and identified the relevant policy documents. However, the Director considered that the following points should also be addressed in the subsequent Environmental Statement:-
1. A more robust assessment of local ornithological interests;
2. A more robust assessment of other local wildlife interests on and adjacent to the site, with particular attention paid to the following species; otter, water vole, bats, and badgers;
3. The inclusion of a desk based archaeological assessment and walk over study of the site’s historical interest potential;
4. The inclusion of a Health and Safety evaluation of the potential implications (such as structural failure and ice throw) arising from the proximity of the turbines to the adjacent bridleways and footpaths;
5. Detailed assessment of the potential impact of the wind farm upon the local water resources including the measures for the protection of drinking water supplies and aquatic ecological interests; and
6. A commitment to habitat creation, enhancement, and management.
The provision of additional ZTV locations, namely Birkrigg Common, Beacon Fell, and South Walney, to take account of possible visual impacts.
RESOLVED:- That Officers write to Infinergy confirming that the proposed Scoping Report is acceptable, subject to the additional points identified in the Director’s report. Such acceptance was without prejudice to the determination of any future application.
Town and Country Planning Acts
The Director of Regeneration and Community Services submitted for information details of planning applications in this report which he had determined under delegated authority (Minute No. 254, Planning Committee, 3rd September, 2002, confirmed by Council 24th September, 2002). The decisions are reported for your information. The plans recommended for approval under the Town and Country Planning Acts will be subject to the standard conditions referred to in Minute No. 208 (April, 1971) of the Plans Sub-Committee, Barrow-in-Furness, County Borough Council, in addition to any conditions indicated hereunder. Applications with a (P) besides the applicant’s name denotes those applications that were reported to the Planning Panel.
149 Ms K. Walsh Extension to existing single detached garage to form a double detached garage with new roof at 4 Prospect Avenue, Barrow-in-Furness as shown on plan number 2008/0399.
2. The garage and access thereto must be reserved for the parking of private motor vehicles and no permanent development, whether permitted by the Town and Country Planning (General Permitted Development) Order, 1995 (or any Order revoking and re-enacting that Order with or without modifications) or not, shall be carried out on that area of land or in such position as to preclude vehicular access to the development hereby permitted.
Reason
To ensure that proper access and parking provision is made and retained for use associated with the development hereby permitted.
3. The garage must be used for purposes incidental to the enjoyment of the dwelling and no trade or business must be carried out in, or from the premises without the prior written express consent of the Planning Authority.
Reason
In order to protect the residential amenities of the area.
Reason for approval
That having regard to the provisions of Section 38(6) of the Planning and Compulsory Purchase Act and all other material considerations, and subject to the proposed conditions, the development as proposed by reason of its location, design and orientation, will not have a detrimental impact upon the neighbouring properties or the visual amenities of the area. As such, the proposal complies with the Development Plan for the area, specifically policy B20.
150 Mr B. Lyons Erection of a ground floor rear extension forming shower/w.c. at 110 Buccleuch Street, Barrow-in-Furness as shown on plan number 2008/0450.
Reason for approval
That having regard to the provisions of Section 38(6) of the Planning and Compulsory Purchase Act and all other material considerations, the development as proposed by reason of its location, design and orientation, will not have a detrimental impact upon the neighbouring properties or the visual amenities of the area. As such, the proposal complies with the Development Plan for the area, specifically policy B14.
151 Mr F. Phillipson Conversion of shop and flat to three one bedroomed flats and including the erection of a three storey rear extension to accommodate internal staircase at 166 Rawlinson Street, Barrow-in-Furness as shown on plan number 2008/0405.