BOROUGH OF BARROW-IN-FURNESS

PLANNING COMMITTEE

Meeting, Tuesday 10th November, 2009

at 2.30 p.m.

A G E N D A

Site Visit

2009/1738 – 11 Inglewood, Barrow-in-Furness

Depart Town Hall, Market Street Entrance at 1.30 p.m.

PART ONE

* To note any items which the Chairman considers to be of an urgent nature.

* To receive notice from Members who may wish to move any delegated matter non-delegated and which will be decided by a majority of Members present and voting at the meeting.

Admission of Public and Press

* To consider whether the public and press should be excluded from the meeting during consideration of any of the items on the agenda.

Disclosure of Interests

* A Member with a personal interest in a matter to be considered at this meeting must either before the matter is discussed or when the interest becomes apparent disclose

1. The existence of that interest to the meeting.

2. The nature of the interest.

3. Decide whether they have a prejudicial interest.

A note on declaring interests at meetings, which incorporates certain other aspects of the Code of Conduct and a pro-forma for completion where interests are disclosed accompanies the agenda and reports for this meeting.

* Apologies for Absence/Attendance of Substitute Members.

* Confirmation of the Minutes of 20th October, 2009.

* To note the delegated approval of Building Control plans and those planning applications reproduced in the salmon booklet.

FOR DECISION

(D) * Planning Applications (blue booklet).

(D) * Deferred Applications (yellow booklet)

(D) 1. Notification of Appeal in relation to the refusal of planning permission – ref. 2009/0122, Unit B (Barrow Superbowl), Hollywood Park, Barrow-in-Furness

(D) 2. Recent Legislative Changes.

(D) 3. Quarterly Report on Enforcement from 1st July to 30th September, 2009.

NOTE (D) – Delegated

(R) – For Referral to Council

Membership of Committee

Councillors

McClure (Chairman)

Wood (Vice-Chairman)

Bell

Bleasdale

Dawes

Heath

Husband

Irwin

Jefferson

McEwan

Maltman

M. A. Roberts

For queries regarding this agenda, please contact:

Keely Fisher

Democratic Services Officer

Tel: 01229 876313

Email:

Published: 2nd November, 2009


Part One

PLANNING COMMITTEE

/ (D)
Agenda
Item
1
Date of Meeting: 10th November, 2009
Reporting Officer: Director of Regeneration and Community Services

Title: Notification of Appeal in relation to the refusal of planning permission – ref. 2009/0122, Unit B (Barrow Superbowl), Hollywood Park, Barrow-in-Furness

Summary and Conclusions:

That the process set out in Section 9, Part 5 of the Constitution is appropriate which deals with decisions contrary to recommendations.

Recommendation:

Members are requested to provide guidance on which avenues they wish Officers to explore, the type of evidence to be presented and the detailed issues which Members felt to be particularly relevant.

Report

The above is due to be heard by means of a Public Local Inquiry on 9th February, 2010 were application 2009/1198 to be refused.

Five reasons were given of which 1 and 2 did not form part of the minded to refuse decision on the resubmitted application (ref. 2009/1198 – Minute No. 363, 20th October, 2009 refers).

Reasons 1 and 2 (need and a sequential test) can be dealt with via a statement of common ground. While the reasons were reasonable at the time further evidence justified an alternative outcome.

This leaves reasons 3, 4 and 5 as those which the Council would need to defend (subject to your meeting today). In my report on application 2009/1198 – Yellow Booklet, I explain how updated information has addressed the three remaining reasons for refusal. As a consequence I explain that were the application to be refused it would be necessary for the Council to submit evidence to support the decision. Failure to do so could result in a costs award against the Council.

Section 9 of Part 5 of the Council’s Constitution states as follows:-

9.1 In cases where a decision to refuse permission for a planning application is made contrary to the recommendation of the Director of Regeneration and Community Services and a subsequent appeal arises, the following procedure will be followed.

9.2 In cases dealt with by written representations the appeal will be processed on the basis of an objective factual report which will refer to the processing of the application, the views of consultees, the application of policy, the recommendation of the Director of Regeneration and Community Services but in addition, explain in detail the views which Members felt to be particularly relevant and of such importance to justify a contrary view to the Planning Officer and the refusal of permission.

9.3 In the case of appeals dealt with by informal hearings the same approach will be followed.

9.4 In the case of major applications involving public inquiries the same principles will apply, but the committee will be invited to consider such cases separately and decide on the best course of action to take in the particular case (including the giving of evidence by a member or members).

9.5 Appeal decisions will be reported either for information or as guidance for future policy review as appropriate.

As the recommendation is now for approval the current appeal should be treated as if the application was refused contrary to recommendation. In such cases under the Council’s Constitution the following applies:-

A factual report explaining in detail the views which Members felt to be particularly relevant and of such importance to justify a contrary view (9.2).

In the case of major applications involving public requiring the same principles will apply but the Committee will be invited to consider such cases separately, decide on the best court of action to take in the particular cases, including the giving of evidence by Member(s).

Background Papers

Application ref. 2009/0122

Notification of appeal ref. APP/W0910/A/09/2112730/NWF dated 15th October, 2009.


Part One

PLANNING COMMITTEE

/ (D)
Agenda
Item
2
Date of Meeting: 10th November, 2009
Reporting Officer: Director of Regeneration and Community Services

Title: Recent Legislative Changes

Summary and Conclusions:

Recent changes have been made by the Government to the arrangements for minor amendments (now known as non-material changes) and the extension of time limits on planning permissions.

Recommendation:

The information be noted.

Report

From 1st October the Government introduced some slight changes to the planning system of which you should be aware.

The first one is to make some further alterations to how authorities should deal with what have traditionally been called minor amendments. You have previously agreed that where a proposed change to an approved scheme is so slight that it will have no impact on a planning consideration or undue effect on a neighbour this can be dealt with by Officers on an exchange of letters.

They are now to be dealt with under a new Section 96A of the Town and Country Planning Act, made on a new specific type of application form, with the authority given 28 days for determination, and will be known as non-material changes to planning permission. Flat rate fees will be introduced but the relevant legislation has not yet gone through Parliament.

Under the present Delegation Agreement I am empowered to determine minor amendments and as this legislation deals with the same types of proposal I consider that these applications can be dealt with in the same way.

The second change provides for applicants who have a current planning permission that was granted before 1st October to be able to make a simplified application for a new permission with a fresh time limit for commencement. The proposed fees for these are £500 for major developments, £50 for householders and £170 for all others but again this had not been finalised by Parliament.

The Government’s justification for this measure is as follows:-

Where permissions lapse, there are costs and delays associated with putting in and processing an application for a fresh planning permission. This may have the effect of holding back the flow of development through the planning pipeline. Developers would have to reapply for those schemes, with the time and cost implications which that carries, and local planning authorities (LPAs) could find themselves dealing with a sudden upsurge in applications as the economy moves out of recession. There have been calls from the Local Government Association, the Confederation of British Industry and the British Property Federation for a power to be introduced which would allow the time limits for implementation of existing permissions to be extended.

Background Papers

Nil


Part One

PLANNING COMMITTEE

/ (D)
Agenda
Item
3
Date of Meeting: 10th November, 2009
Reporting Officer: Director of Regeneration and Community Services

Title: Quarterly Report on Enforcement from 1st July to 30th September, 2009

Summary and Conclusions:

Progress report for noting.

Recommendation:

The information be noted.

Report

Table A represents the quarterly figures.

Table B represents updates on Enforcement Notices outstanding.

Appendix 1 – Local Performance Indicators and Management Information.

Table A – Current Performance

Cases outstanding at 1.7.09 132 Including 30 Enforcement Notices

Cases Received 91

Cases Closed 112 Including 32 Enforcement Notices

Cases Outstanding at 30.6.09 101

Background Papers

Nil

Table B

Planning
Committee
Date / Subject / Recommended
Action / Date of Notice / Result
15.3.05 / 2 Abbotsfield Gardens, Barrow / Restore property to residential / 28.4.05 / Monthly Review for 6 months – ongoing.
29.11.05 / The Folly, Duke Street, Askam / Wasteland / 6.12.05 / Being reviewed regularly in relation to possible development.
21.3.06 / 39 Brook Street, Barrow / Keep garden area tidy / 5.4.06 / Monitored monthly.
1.8.06 / Land at Buccleuch Dock Road, Barrow / Wasteland / 6.12.06 / Work to be reviewed in the Spring.
7.11.06 / Vickerstown Methodist Church, The Promenade, Barrow / Wasteland / 15.8.07 / Land to be tidied by probation enquiries re building ongoing.
Land Next to 15 Underwood Terrace, Dalton / 3 Conditions / 22.6.09 / Details awaited – Review late October.
20.3.07 / 37 Roa Island, Barrow / Change of use to boat repair / 24.4.07 / Monthly monitoring.
24.7.07 / 9 Riverside Gardens, Barrow / 2 Conditions / 7.8.07 / Conditions discharged, second awaiting implementation – monthly review.
6.11.07 / 14 North Scale, Barrow / UPVC Windows in Listed Building / Windows replaced.
6.11.07 / Gatehouse, Abbey Road, Barrow / Fence / Monitoring Conditions on Planning Permission.
6.12.07 / Presbyterian Church, School Street, Barrow / Listed Building Notice / 14.1.08 / Awaiting outcome of Listed Building Consent application.
5.2.08 / Land rear 55-61 Romney Park, Dalton / Change of use to extension of residential curtilage / 21.10.09 / New Notice issued. Review November.
Containers on land at Chatsworth Street, Barrow / Remove from land – 2 notices / 15.2.08 / Given conditional discharge to pay part costs – negotiating a resolution.
Land Next to 33 Marton, Ulverston / 3 Conditions / 15.10.08 / Notice issued – review with Planning Officer.
18.3.08 / Land at Beach Street/John Street/Back of Duke Street, Askam / Wasteland Notice / 2.6.09 / File with Legal Section.
Furness Cavaliers, Rampside Road / Use of land for Plant Hire operation / On hold for now.
49 Whinlatter Drive, Barrow / Breach of Condition / 13.5.08 / Being monitored.
11.4.08 (Panel) / Outbuilding, Bow Windows Farm House, Rampside / Section 54 Notice Listed Building Works / 25.4.08 / Repairs contracted out but may be carried out by new owners – ongoing.
19 Dalton Lane, Barrow / Removal of Iron Railings / 15.10.08 / Court date set for November.
4.11.08 / Air conditioning unit, Roose Road Co-op, Roose Road, Barrow / Cease operation of unit. / 23.12.08 / Prosecution case under discussion with Solicitor and Chief Executive.
Roanhead Farm, Roanhead Lane, Barrow / Remove agricultural building / 24.1.09 / Appeal lost – decision being queried with Inspectorate.
16.12.08 / 14 North Scale, Barrow / Staining of windows in a listed building / Windows being repainted.
24.2.09 / 32 Rawlinson Street, Barrow / Notice re: number of flats / 20.7.09 / Notice appealed against – Revised Planning Application now in.
17.3.09 / UPVC windows, Egerton Court / Removal of / Notice prepared, further discussions taking place.
9.5.09 / Crooklands Garden Centre / Breach of Condition / 26.8.09 / Review November – Details submitted.
16.6.09 / 32/4 Furness Park Road / Wasteland / 26.6.09 / Notice not complied with.
2 Duddon Road, Barrow / Wall over 1 metre / Negotiations and Planning Application have not resolved issue – Notice with Legal Section.
28.7.09 / 41 Ainslie Street, Barrow / Tidy up shop frontage / 4.8.09 / Review in November.
29.9.09 / 46 Strathaird Avenue, Barrow / Tidy up front and rear gardens / 2.10.09 / Review in November.