PLANNING COMMITTEE

Meeting: Tuesday 15th September, 2015

at 2.30 p.m. (Drawing Room)

PRESENT:- Councillors M. A. Thomson (Chair), C. Thomson (Vice-Chair), Bleasdale, Gawne, Hamilton, Husband, McEwan, McLeavy, Murphy, Murray and Thurlow.

Officers Present:- Steve Solsby (Assistant Director – Regeneration and Built Environment), Jason Hipkiss (Development Services Manager), Charles Wilton (Principal Planning Officer), Jon Huck (Democratic Services Manager) and Keely Fisher (Democratic Services Officer).

172 – Declarations of Interest

Councillors Gawne, Hamilton, Husband, Murphy, C. Thomson, M. A. Thomson and Thurlow declared personal interests in Planning Application No. 2015/0179 – Devonshire Dock Hall, North Road, Barrow-in-Furness (Minute No. 196) and Planning Application No. 2015/0363 – BAE Systems, Bridge Road, Barrow-in-Furness (Minute No. 197) as they had a family member who worked at BAE Systems. They remained in the meeting and informed the Committee that they were not biased or pre-determined and had entered the meeting with an open mind.

Councillors Hamilton, McEwan and Murphy declared other registrable interests in Planning Application No. 2015/0179 – Devonshire Dock Hall, North Road, Barrow-in-Furness (Minute No. 196) and Planning Application No. 2015/0363 – BAE Systems, Bridge Road, Barrow-in-Furness (Minute No.197) as they were Members of Cumbria County Council.

Councillor McLeavy declared disclosable pecuniary interests in Planning Application No. 2015/0179 – Devonshire Dock Hall, North Road, Barrow-in-Furness (Minute No. 196) and Planning Application No. 2015/0363 – BAE Systems, Bridge Road, Barrow-in-Furness (Minute No. 197) as he was an employee of BAE Systems. He left the meeting during consideration of both these items.

173 – Apologies for Absence/Attendance of Substitutes

Apologies for absence were received from Councillors Derbyshire and Johnston.

Councillor Hamilton had replaced Councillor Derbyshire for this meeting only.

174 – Minutes

The Minutes of the special meeting held on 1st September, 2015 were taken as read and confirmed.


Town and Country Planning Acts

The Assistant Director of Regeneration and Built Environment 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) beside the applicant’s name denotes those applications that were reported to the Planning Panel.

RESOLVED:- (i) To note the decisions made under the Town and Country Planning Act 1990 (as amended) as follows:-

175 2015/0451 Rear ground floor orangery extension forming dining room and alterations to garage including raising the ridge height by 400mm and the front doorway being modified to a single pedestrian opening at 45 The Headlands, Askam-in-Furness.

176 2015/0426 Retrospective approval for stable one, the erection of stable two, the relocation of stable three including the goat pen and visitor and equipment parking area (resubmission) at Elliscales, Askam Road, Dalton-in-Furness.

177 2015/0431 Proposed domestic garage at Greenacres, Urswick Road, Dalton-in-Furness.

178 2015/0485 Single storey side extension to north and south of the property. Accommodation to include kitchen, garage and sanitary facilities and addition of bay window and chimney stack (resubmission of 2015/0304 to a revised scheme) at 2 Spindrift Close, Askam-in-Furness.

179 2015/0384 Proposed rear ground floor orangery at 19 Blea Beck, Askam-in-Furness.

180 2015/0550 Application for a Certificate of Lawfulness for a proposed use or development (CLOPUD) for an unmarked burial plot for a single individual within a field which will be used for grazing on land at Oak Lea Road, Barrow-in-Furness.

181 2015/0437 Detached rear garage at 8 Patterdale Drive, Barrow-in-Furness.

182 2015/0439 Proposed single storey side extension incorporating ground floor wet room and kitchen extension at 71 Hill Road, Barrow-in-Furness.

183 2015/0466 Submission of details required by Condition No. 6 (Preliminary investigation and desk top study) of planning permission 2015/0122 (Erection of a detached dwelling with garage) at Street Record, Lynter Court, Barrow-in-Furness.

184 2015/0471 Advertisement consent to display 1 fascia panel sign and 1 projecting sign (non illuminated) at 78 Scott Street, Barrow-in-Furness.

185 2015/0420 Installation of replacement ATM machines with new surround cladding to Dalton Road elevation at 111-115 Dalton Road, Barrow-in-Furness.

186 2015/0508 Application for a non-material amendment following grant of planning permission 2015/0347 (Two storey extension) to allow for the introduction of patio doors and raised door head to the west elevation at 38 Priors Path, Barrow-in-Furness.

187 2015/0423 Erection of an agricultural livestock building at Newholme Farm, Rampside Road, Barrow-in-Furness.

188 2015/0397 Application for a Lawful Development Certificate for a proposed use or development (CLOPUD) for a rear kitchen extension at 8 Overbeck Drive, Barrow-in-Furness.

189 2015/0293 Construction of 10 dwellings comprising of 6 houses and 4 bungalows at Park Lane (Land at) Barrow-in-Furness.

190 2015/0505 Application for a non material amendment following grant of planning permission 2015/0346 (Erection of a single storey side extension comprising new wetroom and bedroom) to allow a new small opening window to side (nw) election and enlargement of extension width by 100mm (from 2700mm to 2800mm) at 17 Strathnaver Avenue, Barrow-in-Furness.

The following application was withdrawn:-

191 2015/0393 Application for a Minor Material Amendment involving a variation to condition number 2 following grant of planning permission 2015/0022 (Erection of two, four bedroom dwellings with integral garages) to increase the width of the rear driveway to provide off road visitor parking, add a window and double doors to the ground floor of the northern gable - Plot 2, add windows to the ground floor of the southern gables - Plots 1 and 2, add windows to the front first floor en-suite - Plots 1 and 2, new wooden fencing to the rear part the boundary walls - Plots 1 and 2, install PV panels to the rear roofs of Plots 1 and 2 and change to the canopy/garage roof at Housing site at Former United Utilities Septic Tank Site, Promenade, Barrow-in-Furness.

(ii) To note the decisions made under the Building Act 1984/The Building Regulations 2010 as submitted by the Principal Building Control Surveyor.

Town and Country Planning Acts

The Assistant Director of Regeneration and Built Environment reported on the following planning applications:-

192 – Cemetery Cottages Club, Schneider Road, Barrow-in-Furness

From Mr David McGee c/o Agent in respect of the Outline planning permission with all matters reserved for the demolition of the club/associated buildings and construction of eight semi-detached properties with a single access road from Schneider Road to parking area at rear of the properties at Cemetery Cottages Club, Schneider Road, Barrow-in-Furness as shown on plan number 2015/0277.

Representations received and the results of consultations were reported.

Objectors and the applicant attended the meeting and made representations to the Committee.

Consideration of this item had been deferred at the meeting on 11th August, 2015 to enable a site visit to be undertaken. The application was again deferred at the special meeting on 1st September, 2015 to enable a report to be received from the Executive Director explaining the implications of determining the planning application whilst a nomination of “Asset of the Community” was being processed.

The Executive Director informed Members that a nomination had been hand delivered to the Borough Council on 28th August, 2015. This was submitted by an unincorporated body and though this was allowed under the Regulations such nominations must be accompanied by a list of 21 local people who supported the nomination and were local voters i.e. they appeared on the Electoral Roll. Unfortunately, two signatories to the nomination did not meet this criteria, and the individual submitting the nomination was notified of this on 3rd September, 2015. The Group had been invited to submit two further signatories who did meet the criteria and the Executive Director was awaiting these.

A report on the nomination affecting different premises was being considered by the Council’s Executive Committee on 9th September, 2015 and the report also recommended to Council that the decision on future nominations was delegated to the Executive Committee. Therefore, subject to Council agreeing to this and the nomination for Cemetery Cottages Club being validated, the first opportunity to consider the nomination would be at the Executive Committee on 21st October.

At present therefore, and for the purposes of today’s Planning Committee in dealing with the Planning Application, the Cemetery Cottages Club was not an Asset of Community Value under the Localism Act and could not be treat as such.

It was moved by Councillor Bleasdale and duly seconded that planning permission be granted. It was voted upon and

RESOLVED:- That planning permission be granted subject to the Standard Duration Limit and the following conditions:-

1. No development whatsoever shall take place until full details of the access, appearance, landscaping, layout, and scale of the development have been submitted to and approved by the Planning Authority and the development shall conform to such approved details.

Reason

Required to be imposed pursuant to Section 92 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 Reserved Matters must be made not later that the expiration of three years beginning with this permission and the development must be begun not later than whichever is the later of the following dates:

a)  The expiration of three years from the date of this permission; or

b)  expiration of two years from the final approval of the Reserved Matters or in the case of approval on different dates, the final approval of the last such matter to be approved.

Reason

Required to be imposed pursuant to Section 92 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

3. No development shall take place until a Preliminary Investigation (desk study, site reconnaissance and preliminary risk assessment), to investigate and assess the risk of potential contamination, is submitted to and approved in writing by the Local Planning Authority. This investigation must be undertaken by a suitably qualified contaminated land practitioner, in accordance with established procedures (BS10175 (2011) Code of Practice for the Investigation of Potentially Contaminated Sites and Model Procedures for the Management of Land Contamination (CLR11)).

Reason

To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems. It is required as a pre-commencement condition to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Saved policy D56 of the Local Plan Review 1996-2006.

4. If the Preliminary Investigation identifies potential unacceptable risks, a Field Investigation and Risk Assessment, conducted in accordance with established procedures (BS10175 (2011) Code of Practice for the Investigation of Potentially Contaminated Sites and Model Procedures for the Management of Land Contamination (CLR11)), shall be undertaken to determine the presence and degree of contamination and must be undertaken by a suitably qualified contaminated land practitioner. The results of the Field Investigation and Risk Assessment shall be submitted to and approved by the Local Planning Authority before any development begins.

Reason

To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Saved policy D56 of the Local Plan Review 1996-2006.

5. Where contamination is found which poses unacceptable risks, no development shall take place until a detailed Remediation Scheme has been submitted to and approved in writing by the Local Planning Authority. The scheme must include an appraisal of remedial options and proposal of the preferred option(s), all works to be undertaken, proposed remediation objectives, remediation criteria and a verification plan. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use.

Reason

To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Saved policy D56 of the Local Plan Review 1996-2006.

6. The approved Remediation Scheme shall be implemented and a Verification Report submitted to and approved in writing by the Local Planning Authority, prior to occupation of the development.

Reason

To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Saved policy D56 of the Local Plan Review 1996-2006.

7. In the event that contamination is found at any time when carrying out the approved development, that was not previously identified, it must be reported immediately to the Local Planning Authority. Development on the part of the site affected must be halted and Field Investigations shall be carried out. Where required by the Local Planning Authority, remediation and verification schemes shall be submitted to and approved in writing by the Local Planning Authority. These shall be implemented prior to occupation of the development.

Reason

To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Saved policy D56 of the Local Plan Review 1996-2006.

8. No soil material is to be imported to the site until it has been tested for contamination and assessed for its suitability for the proposed development. A suitable methodology for testing this material should be submitted to and approved by the Planning Authority prior to the soils being imported onto site. The methodology should include the sampling frequency, testing schedules, criteria against which the analytical results will be assessed (as determined by the risk assessment) and source material information. The analysis shall then be carried out as per the agreed methodology with verification of its completion submitted to and approved in writing by the Planning Authority.