BOROUGH OF BARROW-IN-FURNESS by wU8wwh8

VIEWS: 25 PAGES: 39

									                           PLANNING COMMITTEE
                                        Meeting: Tuesday 1st February, 2011
                                        at 2.30 p.m.

PRESENT:- Councillors McClure (Chairman), Jefferson (Vice-Chairman), Heath
(Minute Nos. 354, 359-388 and 392 only), Husband, Irwin, McEwan, Sweeney, C.
Thomson, M. A. Thomson, Williams and Wood.

350 – Disclosures of Interest

Councillor Husband declared a personal and prejudicial interest in Planning
Application No. 2010/1644 – Park Leisure Centre, Greengate Street, Barrow-in-
Furness (Minute No. 389). She worked at the Park Leisure Centre. She left the
meeting during consideration of this item.

Councillor Irwin declared a personal interest in Planning Application No. 2010/1374 –
45 Storey Square, Barrow-in-Furness (Minute No. 394). The objectors were known
to her.

Councillor McClure declared a personal and prejudicial interest in Planning
Application 2010/1444 – 7 Bideford Gardens, Barrow-in-Furness (Minute No.386).
The objector was a friend. He left the meeting during consideration of this item.

Councillor McEwan declared a personal and prejudicial interest in Planning
Application No. 2010/1704 – 1 Hibbert Road, Barrow-in-Furness (Minute No. 390).
The applicant was a friend. He left the meeting during consideration of this item.

Councillor Wood declared personal interests in Planning Application Nos. 2010/1376
– Maidenlands Farm, Tarn Flatt, Marton (Minute No.392) and 2010/1374 – 45 Storey
Square, Barrow-in-Furness (Minute No. 394). Some of the objectors were known to
him.

351 – Apologies for Absence/Attendance of Substitute Members

Apologies for absence were submitted from Councillors Dawes and Maltman.

Councillor Williams had replaced Councillor Dawes for this meeting only.

352 – Minutes

The Minutes of the meeting held on 4th January, 2011 were taken as read and
confirmed.

353 – Kwik Fit Appeal/Costs Decision

The Director of Regeneration and Community Services submitted a report regarding
planning permission which had been granted on appeal with full costs awarded in
favour of the applicant in respect of Kwik Fit, Abbey Road, Barrow-in-Furness.
He reported that with planning appeals, unlike court cases, opposing parties were
usually expected to pay their own costs. Costs could however be awarded in cases
of unreasonable behaviour. An example of which was where a Planning Authority
delayed a proposal which could have reasonably been permitted.

He reported that Planning Authorities were not bound to accept the
recommendations of their Officers. However, if Officers professional or technical
advice was not followed. Authorities would need to show reasonable planning
grounds for taking a contrary decision and produce relevant evidence on appeal to
support the decision in all respects. Failure to do so could result in costs being
awarded against them

In the case of the Kwik Fit application there had been two reasons for refusal. One
had stated that the development would generate additional noise to the
unacceptable detriment of residential amenity and the other had related to the design
of the extension and its impact upon the streetscene.

The Inspectors comments had been provided in detail within the report.

It was noted that the appellant had produced evidence which indicated that the
development would not increase background noise levels and this had been backed
up by the assessment carried out by the Council’s Environmental Health Section.
There was as a consequence no evidence to challenge that put forward by the
applicant. This had made an award of costs almost inevitable.

In respect of the streetscene issue, the proposal had been revised from a scheme
refused under ref. 2009/0835. The new scheme had been reduced from 8.5m wide
to 5m to bring it behind the front elevation of the adjacent house (6 Westbourne
Crescent).

The design issues had been addressed by the revised application. This and the
indefensible position on noise meant that the Inspector had little or no sympathy for
the Council’s case and as a result the Council had been ordered to pay the
applicant’s costs incurred in challenging this reason for refusal which amounted to
£16,787.45.

RESOLVED:- To note the information.

354 – Free Range Laying Hen Development (16,000) Maidenlands Farm,
      Tarn Flatt, Marton

The Director of Regeneration and Community Services submitted a report regarding
the Free Range Laying Hen Development at Maidenlands Farm. He reported that
certain types of development required environmental assessment (EA) under the
terms of the Environmental Impact Assessment Regulations. Some developments
(Schedule 1) automatically required EA whilst others (Schedule 2) may require EA.

Agricultural buildings were included and the size of the proposal was such that the
Authority must consider whether the proposal was EA development. The circular
(02/99) accompanying the Regulations however advised that EA was most likely to
be required in instances where the number of hens exceeded 50,000. This proposal
had fallen well below that number.

He reported that he was satisfied that having regard to the relevant criteria
(Schedule 3 of the Regulations which had been appended to his report) that the
environmental effects were such that the proposal was not EA development. It
would however require appropriate consideration under the Planning Act.

RESOLVED:- To agree that the proposal was not EA development.

355 – Change of Use from Open Space to the Siting of Caravans on Land North
       of West Shore Caravan Park, Earnse Bay, Walney

The Director of Regeneration and Community Services had submitted a report
regarding the sporadic siting of caravans which had taken place along the shore
North of Earnse Bay. It had been established that one caravan had been sited North
of West Shore Park but that during the summer of 2010, a further two had been sited
near to the entrance to North Walney Nature Reserve from the shoreline. All three of
these caravans were in a dilapidated state. He reported that the land was believed
to be owned by Boughton Estates (Duke of Buccleuch) and that approaches had
been made to the land owner but to date had not resulted in any action on their
behalf, though they had now indicated that they intended to secure removal. He
reported that due to the exposed nature and sensitive location it had been
considered expedient that an Enforcement Notice be served.

RESOLVED:- To agree that the Development Control and Enforcement Manager be
authorised to issue an Enforcement Notice requiring the removal of the caravans
from the land within one month and to take any action necessary to ensure
compliance.

356 – Breach of Conditions on KHJ, Unit 1-3 Forge Close, Barrow-in-Furness

The Director of Regeneration and Community Services submitted a report regarding
a site visit which had been conducted at Units 1-3 Forge Close, Barrow-in-Furness to
ensure that the planning conditions on permissions 2006/556 and 2010/438 had
been complied with. The report indicated that permission had been granted in 2006
for the development of two units to be used for vehicle maintenance, office, staff
facilities and a plant hire business. Permission had been granted for a further unit
for use as a warehouse in 2010.

There had clearly been a breach of two conditions relating to permission 2006/556
and one relating to the self contained washing area having a connection to the foul
sewer and the other to there being no external storage on the site as covered by
Condition 6 of 2010/438.

It was considered expedient to serve Enforcement Notices to secure and ensure
compliance with the conditions.

RESOLVED:- To agree that the Development Control and Enforcement Manager be
authorised to issue Enforcement Notices relating to the breach of Condition Nos. 2
and 7 of permission 2006/556 and Condition No. 6 of permission 2010/438 and to
take any action necessary to ensure compliance.

357 – Quarterly Report on Enforcement from 1st October to 31st December,
      2010

The Director of Regeneration and Community Services submitted the quarterly report on
enforcement from 1st October to 31st December, 2010. Appendix 4 showed the Local
Performance Indicators and Management Information. Table A represented the
quarterly figures and Table B represented current updates on enforcement notices
which were outstanding as follows:-

Table B

Planning     Subject              Recommended           Date of Result
Committee                         Action                Notice
Date
15.3.05      2 Abbotsfield        Restore property to   28.4.05    On monthly review
             Gardens, Barrow      residential
21.3.06      39 Brook Street,     Keep garden area      5.4.06     Monthly monitoring
             Barrow               tidy
1.8.06       Land at Buccleuch    Wasteland             6.12.06    Work to be reviewed
             Dock Road, Barrow                                     in mid January
             Land Next to 15      3 Conditions          22.6.09    Conditions to be
             Underwood                                             discharged by letter
             Terrace, Dalton                                       which is awaited
20.3.07      37 Roa Island,       Change of use to      24.4.07    Monthly monitoring.
             Barrow               boat repair
6.12.07      Presbyterian         Listed Building       14.1.08    Awaiting outcome of
             Church, School       Notice                           Listed Building
             Street, Barrow                                        Consent application
5.2.08       Land rear 55-61      Change of use to      7.7.10     Referred to Legal
             Romney Park,         extension of                     Section.
             Dalton               residential curtilage
             Land Next to 33      3 Conditions          15.10.08   Notice issued -
             Marton, Ulverston                                     under review with
                                                                   Planning Officer
18.3.08      Furness Cavaliers,   Raising of levels                Under Negotiation
             Rampside Road
             49 Whinlatter        Breach of             13.5.08    Being monitored
             Drive, Barrow        Condition
11.4.08      Outbuilding, Bow     Section 54 Notice     25.4.08    Repairs to be
(Panel)      Windows Farm         Listed Building                  carried out.
             House, Rampside      Works
             19 Dalton Lane,      Removal of Iron       15.10.08   Negotiations
             Barrow               Railings                         ongoing.
16.12.08     14 North Scale,      Staining of                      Windows being
             Barrow               windows in a listed              repainted.
                                  building
24.2.09      32 Rawlinson         Notice re: number     20.7.09    Awaiting
             Street, Barrow       of flats                         implementation of
                                                                   planning permission
                                                                   by new owners
17.3.09     UPVC windows,        Removal                         Notice prepared -
            Egerton Court,                                       further discussions
            Barrow                                               taking place.
9.5.09      Crooklands Garden    Breach of            26.8.09    New Notice to be
            Centre               Condition                       served.
16.6.09     32/34 Furness Park   Wasteland            4.10.10    Notice complied with
            Road, Barrow
            2 Duddon Road,       Wall over 1 metre    17.8.10    Referred to Legal
            Barrow                                               Section.
28.7.09     41 Ainslie Street,   Tidy up shop         6.9.09     Referred to Legal
            Barrow               frontage                        Section
22.10.09    25 Maple Street,     Wasteland Notice     15.4.10    Negotiations
            Barrow                                               ongoing
1.12.09     Land at Red Ley      Wasteland Notice     23.12.10   New Notice issued
            Lane, Barrow
9.2.10      The Canteen,         Enforcement                     Situation being
            Michaelson Road,     Notice re: opening              monitored
            Barrow               times
            6 Stoneham Close,    Tree Replacement     23.8.10    Complied Review in
            Barrow               Order                           Spring
30.3.10     36 North Scale,      Remove UPVC          2.7.10     February 2011 –
            Barrow               cladding                        compliance date
22.6.10     Garages, Brook       Tidy up land         19.7.10    Referred to Legal
            Street, Barrow                                       Section
            36 Keith Street,     Replace UPVC         23.8.10    Referred to Legal
            Barrow               windows and doors               Section
            153 Salthouse        Replace 1st floor               Enquiries continuing
            Road, Barrow         windows with
                                 sliding sash
            42 Storey Square,    Tidy up property     19.7.10    Referred to Legal
            Barrow                                               Section
            Avon Garden          Tidy up land                    Notice to be re-
            Centre, Mill Lane,                                   issued
            Barrow
13.7.10     Vickerstown          Tidy up land and     16.7.10    Compliance by
            Methodist Church,    property                        February 2011
            Promenade,
            Barrow
24.8.10     151 Rawlinson        Remove block         1.10.10    Review in April 2011
            Street, Barrow       work and reinstate              for compliance
                                 brickwork to match
            88 Market Street,    UPVC Windows         16.11.10   Review in 12
            Dalton                                               months
26.10.10    Land at Elliscales   Siting of Caravans   20.10.10   Review monthly
            Farm, Dalton
            127 Cavendish        Tidy up Property     17.1.11    Review in February
            Street, Barrow                                       compliance by April
16.11.10    Lakes House,         Demolish             16.11.10   Work ongoing
            Hardy Street,
            Barrow

RESOLVED:- To note the information.
358 – Retirement of Enforcement Officer

The Director of Regeneration and Community Services submitted a report advising
Members that on 23rd February, 2011 the Enforcement Officer, Roger Parkinson,
would be retiring.

He had started with the Authority in January 2002 and had set in place tight
procedures and methods of monitoring his work which had ensured that cases were
dealt with very quickly and at the same time with complete thoroughness, as well as
maintaining a high level of communication of what was happening to all relevant
parties.

He had been instrumental in helping the Council move from a primarily reactive
system (i.e. mostly responding to complaints) to a proactive one, whereby
development sites were monitored from the outset for conformity to the approved
plans and compliance with the conditions.

He reported that the matter of the future organisation of planning enforcement would
be the subject of a report to the Executive Committee as soon as possible.

A Member had questioned why the future organisation of planning enforcement
would be reported to the Executive Committee when it was in fact the Planning
Committee that dealt with enforcement. The Member had suggested that the
Director of Regeneration and Community Services attended the next meeting of this
Committee to discuss the future of planning enforcement.

RESOLVED:- To note the information and to thank Enforcement Officer, Roger
Parkinson, for his excellent work and express the Committee’s good wishes to him
for a long and happy retirement.

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, 3 rd 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.

359   Mrs D. Butler                Erection of an agricultural building at Thwaite Flat
                                   Road, Barrow-in-Furness as shown on plan
                                   number 2010/1270.
      2.   The development must be carried out in accordance with the
           application declaration dated 10th September, 2010 and the plan(s)
           (drawing nos. 10/01) hereby approved as varied by the attached
           condition.

           Reason

           To ensure that the development is carried out only as indicated on the
           drawings approved by the Planning Authority.

      3.   Notwithstanding the plans hereby approved, the development shall be
           clad in colour BS4800 12 B 29 which shall be incorporated into all roof
           and wall cladding during the manufacturing process unless a variation
           is agreed in writing with the Planning Authority.

           Reason

           A dark green colour is the most appropriate to assist in harmonising
           and to ensure that the colour is permanent.

           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 policies D1, D3, D13 and
           D21.

360   Mr S. Case                 Erection of a replacement dwelling reliant on
                                 existing septic tank at Robbs Water Farm, Park
                                 Road, Barrow-in-Furness as shown on plan
                                 number 2010/0885.

      2.   The development must be carried out in accordance with the
           application dated 20th May, 2010 and the hereby approved plans
           namely numbers SK1, SK2 and SK4 as varied by Condition No. 3
           below as submitted with the application dated 20th May, 2010.

           Reason

           To ensure that the development is carried out only as indicated on the
           drawings approved by the Planning Authority.
      3.   A package treatment plan shall be provided to cater for all foul sewage
           resulting from the development hereby approved, details of which shall
           be approved in writing by the Local planning Authority prior to
           development commencing.
     Reason

     In order to ensure that the site is adequately drained, and in order to
     control the potential for pollution of the water environment.

4.   Should the development hereby approved not commence within 180
     days of the date of this consent no development shall proceed until the
     submitted bat survey (ref. Envirotech BAT/10/856) has been re-
     conducted during the active period for bats (April to September) and
     submitted to the Local Planning Authority.

     Reason

     To ensure the bat survey is up to date and reflective of the current
     circumstances at the site.

5.   The development shall be carried out in strict accordance with the bat
     survey referred to in Condition No. 4 above (ref. Envirotech BAT/10/856
     or any subsequent revision) submitted with the application, including
     the implementation of the mitigation measures and guidelines
     contained within unless the matter is revisited under Condition No. 4
     above.

     Reason

     In the interests of nature conservation by safeguarding the wildlife
     interest of the site.

6.   Notwithstanding the provision of the Town and Country Planning
     (General Permitted Development) (Amendment) (No. 2) (England)
     Order 2008 (or any Order revoking and re-enacting that Order with or
     without modifications), nothing in Article 3 or Schedule 2 to that Order,
     shall operate so as to permit, within the area subject to this permission,
     any development referred to in Part 1 classes A, B, C and E of the
     Second Schedule to the Order and no such development shall be
     carried out at any time within that area without the prior grant of
     permission by the Planning Authority.

     Reason

     In order to ensure control over future development due to the remote
     and isolated location of the dwelling.

     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 D21.

361   Ms J. Robinson             Single storey kitchen extension to rear elevation
                                 at 78 Central Drive, Barrow-in-Furness as shown
                                 on plan number 2010/1562.

      2.   The development must be carried out in accordance with the
           application dated 8th November, 2010 and the plans (drawing nos.
           2010-01 and 2010-2) hereby approved.

           Reason

           To ensure that the development is carried out only as indicated on the
           drawings approved by the Planning Authority.

           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 policies B14 and D21.

362   Miss. P. Dewar             Siting of a portacabin in rear yard at Remploy Ltd,
                                 Flass Lane, Barrow-in-Furness as shown on plan
                                 number 2010/1488.

      2.   The development must be carried out in accordance with the
           application dated 18th October, 2010 and the plans (drawing no.
           EG11170-101 Rev A and supporting drawings indicating position of the
           portacabin) hereby approved as varied by the attached condition.

           Reason

           To ensure that the development is carried out only as indicated on the
           drawings approved by the Planning Authority.

      3.   The development hereby approved must be suitable for access by
           disabled persons unless it is otherwise agreed in writing with the
           Planning Authority that time is impractical.

           Reason

           In order to provide suitable access provision for disabled persons,
           thereby, complying with the saved policy F13 of the former Borough
           Council Local plan Review 1996-2006.
           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 policies D4, D21, F8, F13
           and F14.

363   Mr M. Swindles             Advertisement Consent to display 2 no. internally
                                 illuminated    wall  mounted     display    units
                                 (retrospective) at B & M, 63-75 Dalton Road,
                                 Barrow-in-Furness as shown on plan number
                                 2010/1540.

      6.   Notwithstanding the plans hereby approved the maximum brightness of
           the sign(s) hereby approved shall not exceed 800 candelas per square
           metre as per the Lit Zone of the I.L.E. Recommendation.

           Reason

           To minimise light pollution in accordance with Policy D63 of the Barrow
           Local Plan Review 1996-2006 and in order to minimise potential
           hazards for users of adjacent highways.

      7.   The development must be carried out in accordance with the
           application dated 27th October, 2010 and the plans hereby approved as
           varied by the attached condition(s).

           Reason

           To ensure that the development is carried out only as indicated on the
           drawings approved by the Planning Authority.

           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 policies D42 and D43.

364   Mr J. Weatherow            Lounge extension to side elevation and the
                                 erection of a rear extension accommodating two
                                 bedrooms at 1 Saunders Close, Barrow-in-
                                 Furness as shown on plan number 2010/1269.
      2.   The materials to be used in the construction of the external surfaces,
           including walls, roofs, doors and windows, of the extension hereby
           permitted shall be of the same type, colour and texture as those used in
           the existing building.

           Reason

           To ensure a satisfactory appearance to the development, and to
           minimise its impact upon the surrounding area, thereby complying with
           saved policy D21 of the former Borough Council Local Plan Review
           1996-2006.

      3.   Notwithstanding the provisions of the Town and Country Planning
           (General permitted Development) (Amendment) (No. 2) (England)
           Order 2008 (or any Order revoking or re-enacting that Order with or
           without modifications) no opening of any kind shall be made in the
           southern elevation (facing no. 2 Saunders Close) of the permitted
           extension without the prior written consent of the Planning Authority.

           Reason

           In order to protect the residential amenities of the occupier(s) of nos. 1
           and 3 Saunders Close from overlooking or perceived overlooking.

      4.   The development must be carried out in accordance with the
           application dated 28th August, 2010 and the plans (drawing nos. WAW
           1337 1A to WAW 1301 9A inclusive) hereby approved as amended on
           25th November, 2010 as varied by the attached condition.

           Reason

           To ensure that the development is carried out only as indicated on the
           drawings approved by the Planning Authority.

           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 policies B14, B15, B17 and
           D21.

365   Mr and Mrs M. Winder       Extension to rear elevation and insertion of
                                 window to side elevation at 170 Harrogate Street,
                                 Barrow-in-Furness as shown on plan number
                                 2010/1521.
      2.   The development must be carried out in accordance with the plans
           (drawing numbers 3076/01 – 04 inclusive) hereby approved as
           submitted with the application dated 19th October, 2010.

           Reason

           To ensure that the development is carried out only as indicated on the
           drawings approved by the Planning Authority.

      3.   Notwithstanding the provisions of the Town and Country Planning
           (General permitted Development) (Amendment) (No. 2) (England)
           Order 2008 (or any Order revoking or re-enacting that Order with or
           without modifications) no opening of any kind shall be made in the
           north east facing side elevation (facing no. 172 Harrogate Street) of the
           permitted extension without the prior written consent of the Planning
           Authority.

            Reason

           In order to protect the residential amenities of neighbouring properties
           from overlooking or perceived overlooking.

            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 B14.

366   Mr A. Yool                  Two storey side extension to north elevation,
                                  single storey side extension to south elevation
                                  and new pitch roof to front porch at Mouzell
                                  House, Broughton Road, Dalton-in-Furness as
                                  shown on plan number 2010/1501.

      2.   The development must be carried out in accordance with the plans
           (drawing numbers AY/Mouzell 1-4 inclusive) hereby approved as
           submitted with the application dated 22nd October, 2010.

           Reason

           To ensure that the development is carried out only as indicated on the
           drawings approved by the Planning Authority.
            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 policies B17 and D21.

367   Mr S. Taylor                Temporary consent for a construction workers
                                  compound comprising temporary buildings,
                                  laydown areas, fabrication area, hardstanding
                                  area and security fencing at North Morecambe
                                  Gas Terminal, Rampside Road, Barrow-in-
                                  Furness as shown on plan number 2010/1314.

      2.    The development shall be carried out in all respects in accordance with
            the hereby approved documents defined by this permission as listed
            below, and notwithstanding the provisions of the Town and Country
            Planning (General Permitted Development) Order 1995 (or any Order
            revoking or re-enacting that Order with or without modification), there
            shall be no variation without the prior written consent of the Planning
            Authority. The documents to which this consent refers are as follows;
            Environmental Report from RSK dated August 2010
            Location Plan P41348 Rev 00
            Drawing ref. HRL-A95T-50-08-04-D2-00-16054
            Traffic Management Plan ref. HRL/A59T/50/08/06/03/00/24011 Rev.
            No. B03.

            Reason

            The condition is required so as to enable the Planning Authority to
            exercise sufficient control over the development in order to meet policy
            objectives, and for the avoidance of doubt.

      3.    This consent is for a temporary period expiring on 31 st December, 2012
            whereupon the Construction Area shall be removed and the land
            reinstated no later than 31st March, 2013 in accordance with a scheme
            that shall be subject to prior written agreement with the Planning
            Authority, unless a further application to continue the use has been
            submitted to the Planning Authority for their approval.

            Reason

            Due to the temporary nature of the Construction Area.
4.   No part of the development hereby permitted shall be occupied until
     surface water drainage works have been implemented in accordance
     with details that have been submitted to and approved in writing by the
     Planning Authority.

     Reason

     In order to ensure that the site is adequately drained and in order to
     control the potential for pollution of the water environment.

5.   Any external lighting shall at all times be directed and shielded so as to
     minimise light spillage outside of the application site.

     Reason

     To minimise light pollution in accordance with saved policy D63 of the
     Barrow Local Plan Review 1996-2006.

6.   During the construction phase the following restrictions shall apply;
     Any piling operations shall only take place between 8.00am – 6.00pm
     Monday to Friday and not at all on Saturday, Sunday or Bank Holidays
     and any other noisy construction works shall only take place during the
     hours of 7.00am – 7.00pm Monday to Friday and 8.00am – 1.00pm on
     Saturday. There shall be no noisy activities on Sunday or Bank
     Holidays.
     ‘Noisy Construction’ is defined as audible or perceived at any noise
     sensitive dwelling.

     Reason

     In order to minimise the potential for noise pollution from the
     development and thereby conforming to saved Borough Local Plan
     policy D58.

7.   Any facilities for the storage of fuels, oil or chemicals shall be sited on
     impervious bases and surrounded by impervious bund walls. The
     volume of the bunded compound should be at least equivalent to the
     capacity of the tank plus 10%. If there are multiple tankages, the
     compound should be at least equivalent to 110% of the capacity of the
     largest tank, or 25% of the total combined capacity of the
     interconnected tanks whichever is the greatest. All filling points, vents,
     gauges and sight glasses must be located within the bund. The
     drainage system of the bund shall be sealed with no discharge to any
     watercourse, land or underground strata. Associated pipework should
     be located above ground and protected from accidental damage. All
     filling points and tank overflow outlets should be detailed to discharge
     downwards into the bund.
           Reason

           In order to minimise the potential discharge of contaminated drainage,
           or the potential for accidental spillages to underground strata or surface
           waters.

           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 policies A12, D2, D9, D10,
           D12 and D13 in the Barrow Local Plan Review and saved policies ST4,
           T30, T31 and E37 in the Cumbria and West Lake District Joint
           Structure Plan.

368   Mr Ozmus                   Installation of a replacement shop front at 116
                                 Lesh Lane, Barrow-in-Furness as shown on plan
                                 number 2010/1563.

      2.   The development must be carried out in accordance with the
           application dated 4th November, 2010 and the plan (drawing no. 3065.
           Sk 01) hereby approved as varied by the attached condition.

           Reason

           To ensure that the development is carried out only as indicated on the
           drawings approved by the Planning Authority.

      3.   The entrance to 116 Lesh Lane must be suitable for access by disabled
           persons unless it is otherwise agreed in writing with the Planning
           Authority that this is impractical.

           Reason

           In order to provide suitable access provision for disabled persons,
           thereby complying with saved policy F13 of the former Barrow Local
           Plan Review 1996-2006.

           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 policies F13 and D21.

369   Arcus Consulting            Prior notification under Part 31 of the General
                                  Permitted Development for the demolition of
                                  dwelling houses and attached non-domestic
                                  buildings at 1-83 Arthur Street, 4-84 Arthur Street,
                                  building adjoining 84 Arthur Street, 75-81
                                  Sutherland Street and 100 Crellin Street, Barrow-
                                  in-Furness as shown on plan number 2010/1583.

370   Telefonica O2 UK Ltd        Display of illuminated fascia sign at 6-8 Portland
                                  Walk, Barrow-in-Furness as shown on plan
                                  number 2010/1629.

      7.   Notwithstanding the plans hereby approved the maximum brightness of
           the signs indicated as fascia signs and the projecting sign shall not
           exceed 1200 and 1000 candelas per square metre as per the Lit Zone
           of the I.L.E. Recommendation.

           Reason

           To minimise light pollution in accordance with Policy D63 of the Barrow
           Local Plan Review 1996-2006 and in order to minimise potential
           hazards for users of adjacent highways.

            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 policies D42 and D43.

371   Mr N. Tyson                 Application for new planning permission to
                                  replace an extant planning permission in order to
                                  extend the time limit for implementation: Erection
                                  of a 2 storey side extension with revised access
                                  arrangements (2007/1034) at High Riddings,
                                  Hollowgate, Ireleth, Askam-in-Furness as shown
                                  on plan number 2010/1489.

      2.   The development must be carried out in accordance with the
           application dated 10th August, 2007 (the original application) and the
           plans accompanying that application.
           Reason

           To keep the development within the terms of the application.

            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 policies B15, D1, G13 and
           G14.

372   Mr and Mrs P & J Coles      Addition of balcony to front elevation at 49
                                  Rampside, Barrow-in-Furness as shown plan
                                  number 2010/1240.

      2.   The development must be carried out in accordance with the
           application dated 1st August, 2010 and the plans (drawing nos.
           FDS0027 REV A; FDS0027 REV B; sheets 1 to 4 inclusive) as
           amended on 13th December, 2010.

           Reason

           To ensure that the development is carried out only as indicated on the
           drawings approved by the Planning Authority.

            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 D21.

373   G F and A Sharpe            Listed Building Consent for the installation of a
                                  sky dish to eastern gable at Ormsgill Farm,
                                  Ormsgill Lane, Barrow-in-Furness as shown on
                                  plan number 2010/1243.

      2.   The development must be carried out in accordance with the
           application dated 9th September, 2010 and the plans hereby approved.
           Reason

           To ensure that the development is carried out only as indicated on the
           drawings approved by the Planning Authority.

      3.   Within 90 days of the equipment no longer providing a service, the
           equipment and all ancillary fittings and fixtures including any separate
           structures, shall be removed from the building and the building
           reinstated in accordance with a scheme to be subject to prior written
           agreement with the Planning Authority.

           Reason

           In order to protect the special architectural and/or historic interest of the
           building, hereby, complying with saved policy of the former Borough
           Local Plan Review 1996-2006.

           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 policies D18 and D21.

374   Wolseley UK                Advertisement Consent for display of non-
                                 illuminated sign at Plumb Centre, County Park
                                 Road, Barrow-in-Furness as shown on plan
                                 number 2010/1538.

      2.   The development must not be changed from the details as held in the
           application dated 28th October, 2010 and the plans (Ref. REV.2
           07/05/10 T.B. and REV1/23 MARCH 2006/AW) as approved.

           Reason

           To ensure that the development is carried out only as indicated on the
           drawings approved by the Planning Authority.

           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 policies D38, D39 and D40.

375   Mr D. Moore                Erection of an agricultural building at Willow Wood
                                 Smallholding, Land off Teasdale Road, Barrow-in-
                                 Furness as shown on plan number 2010/1525.

      2.   The development must be carried out in accordance with the
           application dated 12th October, 2010 and the plans (drawing no.
           3079/01) hereby approved as varied by the attached conditions.

           Reason

           To ensure that the development is carried out only as indicated on the
           drawings approved by the Planning Authority.

      3.   Access to the site shall only be by the approved track, as stated in the
           design and access statement accompanying the proposal, and by no
           other means or openings, unless the Planning Authority gives prior
           written consent to any variation.

           Reason

           To protect the adjacent Site of Special Scientific Interest.

      4.   The building shall be used as an animal shelter and feedstore and for
           no other purpose (including a riding school or any other purpose in
           Class D2 of the Schedule to the Town and Country Planning (Use
           Classes) Order 2005, or in any provision equivalent to that Class in any
           statutory instrument revoking or re-enacting that Order with or without
           modification).

           Reason

           To ensure that inappropriate uses do not take place on the site due to
           its location in the open countryside and the limited access to the site.

      5.   The application site shall not be used for the stationing of horse boxes,
           caravans or other vehicles or chattels associated with the use of the
           site for the keeping or horses.

           Reason

           To reduce the impact upon the rural character of the area.

      6.   No ranch style fencing shall be erected on the site except in
           accordance with a scheme which must have first been submitted to and
           approved in writing by the Planning Authority.
           Reason

           To reduce the impact upon the rural character of the area.

      7.   Notwithstanding the plans hereby approved by the external materials
           must incorporate a manufacturer applied colour, in shade BS4800 12B
           29. The colour shall be permanently retained unless the Planning
           Authority gives prior written consent for any variation.

           Reason

           A dark colour will make the development less prominent within the local
           landscape, which is one that the Planning Authority feels is worthy of
           protection from potentially intrusive development, in accordance with
           saved policy G15 of the former Local Plan Review 1996-2006.

           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 policies D1, D4, D21 and
           G15.

376   Home Retail Group Plc      Advertisement consent for two illuminated signs
                                 and Argos Extra, Walney Road, Barrow-in-
                                 Furness as shown on plan number 2010/1647.

      6.   The development must be carried out in accordance with the
           application dated 22nd November, 2010 and the plans (Drawing Nos.
           P1561; P1562; 47927 and 47928) hereby approved as varied by the
           attached conditions.

           Reason

           To ensure that the development is carried out only as indicated on the
           drawings approved by the Planning Authority.

      7.   Notwithstanding the plans hereby approved the maximum brightness of
           the signs indicated as signs 1 and 2 shall not exceed 800 candelas per
           square metre as per the Lit Zone of the I.L.E. Recommendation.

           Reason

           To minimise light pollution in accordance with Policy D63 of the Barrow
           Local Plan Review 1996-2006 and in order to minimise potential
           hazards for users of adjacent highways.
      8.    The advertisement(s) hereby granted consent shall not be illuminated
            between the hours of midnight (0000hrs) and 0700 hours on the
            following day, unless subject to prior written agreement with the
            Planning Authority.

            Reason

            To minimise light pollution in accordance with Policy D63 of the Barrow
            Local Plan Review 1996-2006 and in order to protect the visual
            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 policies D42 and D43.

377   Mrs D. Baird                Erection of a replacement but larger conservatory
                                  to rear elevation at 10 Tennyson Avenue, Barrow-
                                  in-Furness as shown on plan number 2010/1636.

      2.    The development must be carried out in accordance with the
            application dated 29th October, 2010 and the plans (drawing nos. WAW
            1350 to WAW 1301 8A inclusive) hereby approved.

            Reason

            To ensure that the development is carried out only as indicated on the
            drawings approved by the Planning Authority.

            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 policies B14, B17 and D21.

378   Mr B. Quinn                 Replacement of existing sheet roof to garage with
                                  a tiled roof of increased height and addition of
                                  canopy to front elevation at 87 Hill Road, Barrow-
                                  in-Furness as shown on plan number 2010/1609.
      2.   The development must be carried out in accordance with the
           application dated 5th November, 2010 and the plans (WAW 1354 1A;
           WAW 1354 2A to WAW 1354 3A; WAW 1354 3aA; WAW 1354 4A;
           WAW 1354 5A and WAW 1354 6A) hereby approved as varied by the
           attached conditions.

           Reason

           To ensure that the development is carried out only as indicated on the
           drawings approved by the Planning Authority.

      3.   Notwithstanding the provisions of the Town and Country Planning
           (General permitted Development) (Amendment) (No. 2) (England)
           Order 2008 (or any Order revoking or re-enacting that Order with or
           without modifications) no opening of any kind shall be made in the
           northern elevation of the development hereby approved (facing 89 Hill
           Road) without the prior written consent of the Planning Authority.

            Reason

           In order to protect the residential amenities of the occupier(s) of nos. 87
           and 89 Hill Road from overlooking or perceived overlooking.

      4.   Notwithstanding the plans hereby approved the materials to be used in
           the construction of the external surfaces, including walls, roofs of the
           development hereby permitted shall be of the same type, colour and
           texture as those used in the existing building.

           Reason

           To ensure a satisfactory appearance to the development, and to
           minimise its impact upon the surrounding area, thereby complying with
           saved policy D21 of the former Borough Council Local Plan Review
           1996-2006.

            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 D21.

379   Mrs L. Baldwin              Change of use from public house to children’s day
                                  nursery at The Island Tavern, Mill Lane, Barrow-
                                  in-Furness as shown on plan number 2010/1618.
      2.   The development must be carried out in accordance with the
           application dated 3rd November, 2010 and the plans (drawing nos.
           10117/09/10/01 to 10117/09/10/05 inclusive) hereby approved.

           Reason

           To ensure that the development is carried out only as indicated on the
           drawings approved by the Planning Authority.

      3.   Notwithstanding the plans hereby approved the fencing must have a
           manufacturer applied dark colour (BS 4800 12 B29) finish, and
           thereafter permanently maintained, unless the Planning Authority gives
           prior written consent to any variation.

           Reason

           To ensure a satisfactory appearance to the development and to
           minimise its impact upon the surrounding 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 policies F13 and D21.

380   Mr J. Lynch                 Raising a section of boundary wall (Hill Road
                                  elevation) by seven courses at 13 Wheatclose
                                  Road, Barrow-in-Furness as shown on plan
                                  number 2010/1523.

      2.   The development must be carried out in accordance with the
           application dated 29th October, 2010 and the plans hereby approved as
           varied by the attached conditions.

           Reason

           To ensure that the development is carried out only as indicated on the
           drawings approved by the Planning Authority.

      3.   Notwithstanding the plans hereby approved the materials to be used in
           the construction of the development hereby permitted shall be of the
           same type and colour as those used in the existing wall.
            Reason

            To ensure a satisfactory appearance to the development, and to
            minimise its impact upon the surrounding area, thereby complying with
            saved policy D21 of the former Borough Council Local Plan Review
            1996-2006.

            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 D21.

381   Mr J. Stagg                 Remove existing concrete raised terrace and re-
                                  build using timber and decking on same footprint
                                  at 82 South Row, Barrow-in-Furness as shown on
                                  plan number 2010/1539.

      2.    The development must be carried out in accordance with the
            application dated 28th August, 2010 and the plans (WAW 1345 1A to
            WAW 1345 9A) hereby approved as varied by the attached conditions.

            Reason

            To ensure that the development is carried out only as indicated on the
            drawings approved by the Planning Authority.

      3.    Prior to the beneficial use of the balcony, the privacy screen to be
            attached to the west facing side elevation must be completed in
            accordance with drawing number WAW 1345 7A of the plans hereby
            approved and thereafter retained unless the Planning Authority gives
            prior written consent to any variation.

            Reason

            In order to protect the residential amenities of the occupier(s) of nos. 80
            and 82 South Row from overlooking or perceived overlooking.

            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 policies B14 and D21.

382   Mr G. Jones                Erection of a 1st floor extension over existing
                                 garage to provide two bedrooms and conversion
                                 of garage into a lounge involving a variation of
                                 condition no. 3 of planning permission 1997/0564
                                 at 7 Riverside Gardens, Barrow-in-Furness as
                                 shown on plan number 2010/1576.

      2.   The materials to be used in the construction of the external surfaces,
           including walls, roofs, doors and windows, of the extension hereby
           permitted shall be of the same type, colour and texture as those used in
           the existing building.

           Reason

           To ensure a satisfactory appearance to the development, and to
           minimise its impact upon the surrounding area, thereby complying with
           saved policy D21 of the former Borough Council Local Plan Review
           1996-2006.

      3.   The development must be carried out in accordance with the
           application forms dated 1st November, 2010 and the plans (drawing
           nos. WAW 1353 1A to WAW 1353 10A inclusive) hereby approved as
           amended on 25th November, 2010 as varied by the attached conditions.

           Reason

           To ensure that the development is carried out only as indicated on the
           drawings approved by the Planning Authority.

      4.   Notwithstanding the provisions of the Town and Country Planning
           (General permitted Development) (Amendment) (No. 2) (England)
           Order 2008 (or any Order revoking or re-enacting that Order with or
           without modifications) no opening of any kind shall be made in the
           western elevation at first floor level (facing no. 9 Riverside Gardens) of
           the permitted extension without the prior written consent of the
           Planning Authority.

           Reason

           In order to protect the residential amenities of the occupier(s) of nos. 7
           and 9 Riverside Gardens from overlooking or perceived overlooking,
           thereby complying with saved policy B15 of the former Borough Council
           Local Plan Review 1996-2006.

      5.   The driveway/hard surfaced area as indicated on drawing no. WAW
           1353 6A thereto must be reserved for the parking of private motor
           vehicles associated with the occupation of the dwelling identified within
            the application as ‘Hoot House’ 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

            In the interests of pedestrian and highway safety and to ensure off-road
            parking provision exists for the property.

            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 policies B15, B19 and D21.

383   Broadway Malyan             Submission of details to discharge condition no. 9
                                  of ref. 2008/1552 (Landscape Scheme) at
                                  Furness College, Channelside, Barrow-in-Furness
                                  as shown on plan number 2010/1658.

The following Non Material Amendments were approved:-

384   Mr D. Stockdale             Non material amendment to consent 2010/0796
                                  change from a hipped to a gable roof on proposed
                                  sun room extension at 21 Chapel Field, Barrow-
                                  in-Furness as shown on plan number 2010/1655.

      2.    The development must be carried out in accordance with the
            application dated 25th November, 2010 and the plans (drawing ref. 1-
            DS-21, 2-DS-21, 3-DS-21, 4-DS-21, 5-DS-21 and 6-DS-21) hereby
            approved.

            Reason

            To ensure that the development is carried out only as indicated on the
            drawings approved by the Planning Authority.

            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 policies B14, B15 and D21.

385    Mr T. Hill                  Non material amendment to ref. 2007/1402 to
                                   allow the erection of a detached garage 1m
                                   narrower than approved and the introduction of a
                                   part hip part gable to garage front with high level
                                   window at 66 Dane Avenue, Barrow-in-Furness
                                   as shown on plan number 2010/1627.

RESOLVED:- That the Authorities observations be noted.

Town and Country Planning Acts

The Director of Regeneration and Community Services further reported on the
following planning applications:-

      (COUNCILLOR JEFFERSON (VICE-CHAIRMAN) IN THE CHAIR FOR THIS
                          APPLICATION ONLY)

386 – 7 Bideford Gardens, Barrow-in-Furness

From Mr W. March in respect of the replacement of an attached single garage with a
double garage at 7 Bideford Gardens, Barrow-in-Furness as shown on plan number
2010/1444.

Representations received and the results of consultations were reported.

Two objectors and the applicant attended the meeting and made representations to
the Committee.

RESOLVED:- It was unanimously agreed that planning permission be granted
subject to the Standard Duration Limit and the following conditions:-

        2.    The development must be carried out in accordance with the
              application dated 4 October 2010 and the plans (Drawing Ref: DM\1 to
              DM\3 inclusive) hereby approved as amended on 22/12/2010 as varied
              by the attached condition(s).

              Reason

              To ensure that the development is carried out only as indicated on the
              drawings approved by the Planning Authority.

        3.    Notwithstanding the Town and Country Planning (General Permitted
              Development (Amendment) (No.2) (England) Order 2008 (or any Order
              revoking or re-enacting that Order with or without modifications) the 0.5
              metre set back of the garage doorway as indicated on Drawing Nos.
              DM/1and DM/2 shall remain clear and unobstructed at all times and no
             development or enclosure of the indicated set back shall be carried out
             without the prior written consent of the Planning Authority.

             Reason

             In the interests of pedestrian and highway safety and to ensure a
             suitable level of off-road parking provision for the property exists.

      4.     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 No.7 Bideford Gardens, thereby,
             complying with saved policy B20 of the former Barrow-in-Furness
             Borough Council Local Plan Review 1996-2006.

      5.     The driveway(s) shall be as indicated on drawing no. DM/2 shall not be
             reduced to any other length without the prior written consent of the
             Planning Authority prior to any change.

             Reason

             In the interests of pedestrian and highway safety and to ensure a
             suitable level of off-road parking provision for the property exist.

             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, highway safety or
             the visual amenities of the area. As such, the proposal complies with
             the Development Plan policies B17 and D21.

387 – Marton Hall, Moor Road, Marton

From Mr G. Dobson in respect of the conversion of attached barn to dependent
relatives accommodation and a 4 bedroomed dwelling and demolition of existing
single storey kitchen and rebuilding with an extended kitchen area at Marton Hall,
Moor Road, Marton as shown on plan number 2010/0914.

Representations received and the results of consultations were reported.
The Committee had undertaken a site visit prior to the meeting.

An objector attended the meeting and made representations to the Committee.

RESOLVED:- It was unanimously agreed that planning permission be granted
subject to the Standard Duration Limit and the following conditions:-

      2.     The development shall be carried out in accordance with the
             application dated 18/04/10 and the hereby approved plans reference
             554/02, 554/03, 554/05.

             Reason

             To keep the development within the terms of the permission.

      3.     Drainage must be on the separate system with all foul drainage
             connected to the foul sewers and only uncontaminated surface water
             connected to the surface water system.

             Reason

             In order to ensure that the site is adequately drained and in order to
             control the potential for pollution of the water environment.

      4.     Any re-pointing work shall be carried out in such a way that access to
             voids within the wall structure are provided as per detail 5 attached to
             the ‘Barn Owl Survey’ accompanying the planning application.

             Reason

             In the interest of promoting bio diversity.

      5.     Prior to the beneficial occupation of the 4 bedroomed unit hereby
             approved, obscure glazing must have been installed to the window
             openings in the buildings north elevation which with respect to the
             secondary lounge window may be by secondary glazing together with
             measures to provide for additional safety to both windows all of which
             shall be done in accordance with a scheme which must have first been
             agreed in writing with the Planning Authority.

             Reason

             To protect the privacy of the adjacent property and to provide for
             additional safety given the windows low level adjacent to the yard of a
             neighbouring farm.

      6.     Prior to the beneficial occupation of either residential unit provision
             shall be made for barn owls in accordance with the attached to the
             Barn Owl Survey forming part of the planning application and headed
             ‘Provision for Barn Owls’ unless a variation is otherwise agreed in
             writing with the Planning Authority.

             Reason

             In the interests of promoting bio diversity.

      7.     No development shall commence until a survey for the presence of any
             bats or nesting birds at the site has been carried out and submitted to
             and approved in writing by the Planning Authority. The survey shall
             only take place outside of the hibernation period recognised for bats
             (May to September) and shall be carried out by a suitably licensed
             person. If any evidence of any bats or nesting birds is found, then the
             report shall include measures for their protection during development
             and for the retention of existing or provision of alternative habitat.
             These approved measures shall be implemented in strict accordance
             with the approved details, unless the Planning Authority gives prior
             written approval for any variation.
             Reason
             In the interests of nature conservation so as to safeguard recognised
             protected species of wildlife.

             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 policies B11 and B12.

388 – Marton Hall, Moor Road, Marton

From Mr G. Dobson in respect of the Listed Building Consent for works involved in
conversion to residential units at Marton Hall, Moor Road, Marton as shown on plan
number 2010/0915.

Representations received and the results of consultations were reported.

The Committee had undertaken a site visit prior to the meeting.

RESOLVED:- It was unanimously agreed that Listed Building consent be granted
subject to the Standard Duration Limit and the following conditions:-

      2.     The development shall be carried out in accordance with the
             application dated 18/04/10 and the hereby approved plans reference
     544/01, 554/02, 544/03 amended 17/01/11, 554/04 amended 17/01/11
     and 554/05 amended 17/01/11 as amended by the conditions below.

     Reason

     To keep the development within the terms of the permission.

3.   Prior to the commencement of any works permitted by this consent the
     barn subject to this application shall be recorded in accordance with a
     level 3 survey as described by English Heritage’s document
     ‘Understanding Historic Buildings A Guide to Good Recording Practice,
     2006’. Three copies of the resulted level 3 survey report shall have
     been submitted to and approved by the Local Planning Authority prior
     to the commencement of the works hereby approved.

     Reason

     To ensure that a permanent record is made of the building prior to its
     alterations as part of the development.

4.   The building shall only be re-pointed in lime mortar to which no cement
     has been added in accordance with a sample panel and specification
     which must have first been agreed in writing with the Planning
     Authority.

     Reason

     To protect the special character of the building.

5.   Areas of the barn proposed to be rendered shall only be rendered with
     a lime render to which no cement has been added and in accordance
     with a specification and sample panel which must have first been
     agreed in writing with the Planning Authority.

     Reason

     To protect the special character of the building.

6.   No work permitted by this consent shall be carried out until a detailed
     specification including sample sections of joinery work (glazing bars,
     sills etc.) or working drawings (scale 1:20, 1:10, 1:5, half or full size
     etc.) fully detailing the new / or replacement windows (cross sections
     for full glazing bars, sills, heads etc.) have been submitted to and
     approved in writing by the Planning Authority. The development shall
     be carried out using the approved specification and retained thereafter.

     Reason

     To ensure that the proposed works can be effected without detriment to
     the special architectural and historic interest of the listed building.
 7.    All external joinery shall be permanently maintained in a gloss paint
       finish.

       Reason

       In order to safeguard the special architectural or historic interest of the
       building.

 8.    All new rain water goods shall be of cast iron unless a variation is
       agreed in writing with the Planning Authority.

       Reason

       In order to safeguard the special architectural or historic interest of the
       building.

 9.    Prior to the formation of any new opening a method statement shall
       have been submitted to and approved in writing for the means of
       forming the opening and the work shall then proceed in accordance
       with the approved statement.

       Reason

       To minimise the loss of historic fabric.

 10.   Notwithstanding plans forming part of this consent the roof trusses
       shall be retained in situ as free standing units in accordance with
       further details which must have first been submitted to and approved in
       writing with the Planning Authority.

       Reason

       In order to safeguard the special architectural or historic interest of the
       building.

11.    The south elevation of the barn (forming an extension of the house
       elevation) and the gable to west elevation shall be retained in matching
       render to Marton Hall.

       Reason

       In order to safeguard the special architectural or historic interest of the
       building.

 12.   All new doors shall be of timber

       Reason

       In order to safeguard the special architectural or historic interest of the
       building.
      13.    The south facing roof slope of the barn if required to be reroofed shall
             be roofed in material salvaged from the other roofs of the barn. Unless
             a variation is agreed in writing with the Planning Authority.

             Reason

             In order to safeguard the special architectural or historic interest of the
             building.

      14.    With the exception of the roof referred to under condition No. 12 above
             all other roofs if re-roofed in material other than that salvaged from the
             barn subject of this application shall be roofed in Burlington Slate laid
             to diminishing courses.

             Reason

             In order to safeguard the special architectural or historic interest of the
             building.

      15.    The means of forming any inner leaf shall be carried out in accordance
             with a scheme which must have been submitted to and approved in
             writing by the Planning Authority.

             Reason

             To assess the impact that it may have on any features of interest in
             particular the roof trusses and door and window openings.

             Reason for Approval

             In reaching the decision to grant Listed Building Consent subject to
             conditions, the Borough Council have paid special regard to the
             desirability of preserving the building or its setting or any features of
             special architectural or historic interest it possesses and have
             concluded that the decision accords with the development plan and
             national guidance.

             Information

             The developer’s attention is drawn to the grant of planning permission
             under ref. 2010/0914 of the same date and to which additional
             conditions are attached.

389 – Park Leisure Centre, Greengate Street, Barrow-in-Furness

From Pulse Fitness in respect of the non material amendment to ref. 2009/1849 to
reduce footprint of car park with changes to approved layout at Park Leisure Centre,
Greengate Street, Barrow-in-Furness as shown on plan number 2010/1644.
The results of consultations were reported.

RESOLVED:- It was unanimously agreed that the non material amendment be
approved, subject to the following condition:-

      1.     The development shall either be carried out in accordance with the
             plans and application submitted and approved under ref. 2009/1849 or
             the amended plans hereby approved namely drawing nos. 0962 05
             revision G and 0962 06.

             Reason

             To ensure the development falls within the scope of the approved
             plans.

390 – 1 Hibbert Road, Barrow-in-Furness

From S & H Trading in respect of the change of use from former timber yard to car
wash with ancillary buildings, new fencing and alteration to access at 1 Hibbert
Road, Barrow-in-Furness as shown on plan number 2010/1704.

Representations received and the results of consultations were reported.

The Committee had undertaken a site visit prior to the meeting.

RESOLVED:- It was unanimously agreed that planning permission be granted
subject to the Standard Duration Limit and the following conditions:-

      2.     This permission is for a temporary period of 18 calendar months
             commencing from the date in which the use of the site as a car wash
             commences. At the end of the 18 month period referred to the use of
             the site as a car wash shall cease unless a subsequent application has
             been submitted to and approved in writing by the Planning Authority.

             Reason

             In order that the impact of the proposed use can be taken into account.

      3.     The development must be carried out in accordance with the plans
             (drawing numbers 3099/01, 3099/02A) hereby approved as
             submitted with the application dated 30.11.2010.

             Reason

             To ensure that the development is carried out only as indicated on
             the drawings approved by the Planning Authority.

      4.     The use approved must only take place within the hours of 0800 –
             1900 Mondays to Saturdays and 1000 - 1600 on Sundays and Bank
             Holidays.
     Reason

     In order to protect the residential amenities of the area.

5.   Noise from the development must not exceed Noise Rating Curve NR
     30 in daytime hours (0700 – 2300) and NR 25 in night time hours (2300
     – 0700) in any noise sensitive property.

     Reason

     In order to minimise the potential for noise pollution and thereby
     conforming to Saved policy D58 of the Barrow Local Plan 1996-2006.

6.   Prior to the commencement of the use hereby approved the vehicular
     crossing over the footway, including the lowering of kerbs shall be
     carried out in accordance with a scheme which must have first been
     submitted to and approved in writing by the Planning Authority.

     Reason

     To ensure a suitable standard of crossing for pedestrian safety.

7.   The development hereby permitted shall not be commenced until such
     time as a scheme to dispose of foul and surface water has been
     submitted to, and approved in writing by, the Local Planning Authority.
     The scheme shall be implemented as approved.

     Reason:

     To prevent pollution of water resources.

8.   Prior to the commencement of development approved by this planning
     permission (or such other date or stage in development as may be
     agreed in writing with the Local Planning Authority), the following
     components of a scheme to deal with the risks associated with
     contamination of the site shall each be submitted to and approved, in
     writing, by the Local Planning Authority:

     1) A preliminary risk assessment which has identified:
         all previous uses
         potential contaminants associated with those uses
         a conceptual model of the site indicating sources, pathways and
           receptors
         potentially unacceptable risks arising from contamination at the
           site.

     2) A site investigation scheme, based on (1) to provide information for
     a detailed assessment of the risk to all receptors that may be affected,
     including those off site.
             3) The site investigation results and the detailed risk assessment (2)
             and, based on these, an options appraisal and remediation strategy
             giving full details of the remediation measures required and how they
             are to be undertaken.

             4) A verification plan providing details of the data that will be collected
             in order to demonstrate that the works set out in (3) are complete and
             identifying any requirements for longer-term monitoring of pollutant
             linkages, maintenance and arrangements for contingency action.

             Any changes to these components require the express consent of the
             Local Planning Authority. The scheme shall be implemented as
             approved.

             Reason

             To protect controlled waters.

      9.     Prior to development, a verification report demonstrating completion of
             the works set out in the approved remediation strategy and the
             effectiveness of the remediation shall be submitted to and approved, in
             writing, by the Local Planning Authority. The report shall include results
             of sampling and monitoring carried out in accordance with the
             approved verification plan to demonstrate that the site remediation
             criteria have been met. It shall also include any plan (a long-term
             monitoring and maintenance plan) for longer-term monitoring of
             pollutant linkages, maintenance and arrangements for contingency
             action, as identified in the verification plan, and for the reporting of this
             to the Local Planning Authority.

             Reason

             To protect controlled waters.

             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 D58.

391 – Chequers, Abbey Road, Dalton-in-Furness

From Mrs L. Benn in respect of the conversion of part restaurant into four en-suite
bedrooms and extension to front elevation to provide replacement lounge/dining
facility (resubmission of ref. 2010/0529 in a revised form) at Chequers, Abbey Road,
Barrow-in-Furness as shown on plan number 2010/1543.

Consideration of this application had been deferred at the last meeting as Committee
considered that while a front extension was acceptable in principle that the actual
design was not of a sufficiently high quality given the site’s prominent location with
the Conservation Area (Minute No. 349 refers). An amended scheme had
subsequently been produced with the aim of overcoming the concern over the
extensive design. The revised scheme had been recommended for approval.

RESOLVED:- It was unanimously agreed that planning permission be granted for the
revised scheme subject to the Standard Duration Limit and the following conditions:-

      2.     The development shall be carried out in accordance with the
             application dated 22/10/2010 and the hereby approved plan ref:
             262/01, 02 revision C, 03 revision A and 04 revision B.

             Reason

             To keep the development within the terms of the development hereby
             approved.

      3.     All windows and doors shall be of timber and which shall be finished to
             match the finish of the existing windows unless a variation is agreed in
             writing with the Planning Authority.

             Reason

             To ensure the development preserves or enhances the Conservation
             Area.

      4.     The roofs shall be roofed in natural slate of a colour and texture to
             match the main roof.

             Reason

             To ensure the development preserves or enhances the Conservation
             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 policies D15 and D21.
392 – Maidenlands Farm, Tarn Flatt, Marton

From Mr J. Saunders in respect of the erection of a building to house 16,000 free
range laying hens (resubmission of application 2010/626 in a revised form) at
Maidenlands Farm, Tarn Flatt, Marton as shown on plan number 2010/1376.

Representations received and the results of consultations were reported.

The Committee had visited a similar but larger development elsewhere and had
visited this site prior to the meeting.

Two objectors, the applicant and agent attended the meeting and made
representations to the Committee.

RESOLVED:- To agree to defer the application to the next meeting since the
Committee were minded to refuse on visual/landscape grounds having regard to
Saved Policy D2 (County landscapes).

393 – 24 Baldwin Street, Barrow-in-Furness

From Mrs H. Thompson in respect of the erection of a detached dwelling in garden
(outline with all matters reserved) at 24 Baldwin Street, Barrow-in-Furness as shown
on plan number 2010/0575.

Representations received and the results of consultations were reported.

The Committee had undertaken a site visit prior to the meeting.

RESOLVED:- To agree to defer the application to the next meeting since the
Committee were minded to refuse as the proposal was considered to result in the
loss of an area of land which contributes positively to the amenities of the area and
the amenities of existing houses replacing it with a cramped form of development.
Approval was also considered contrary to planning policies which gave priority to the
development of Brownfield land.

394 – 45 Storey Square, Barrow-in-Furness

From Mr I. Turnbull in respect of the erection of 13 two bedroomed flats (re-
submission of application 2010/0906 in a revised form) at 45 Storey Square, Barrow-
in-Furness as shown on plan number 2010/1374.

Representations received and the results of consultations were reported.

An objector and the agent attended the meeting and made representations to the
Committee.

It was moved by Councillor M. A. Thomson and seconded by Councillor Wood that
the application be refused on the grounds that the proposal represented gross
overdevelopment and poor amenities, particularly to the lower level ground floor flat.
RESOLVED:- It was unanimously agreed to defer the application to the next meeting
since the Committee were minded to refuse on the grounds that the proposal
represented gross overdevelopment and poor amenities, particularly to the lower
level ground floor flat.

395 – 2 Water Garth, Barrow-in-Furness

From Mr R. Reynolds in respect of a balcony on side/gable elevation at 2 Water
Garth, Barrow-in-Furness as shown on plan number 2011/0002.

The Committee had undertaken a site visit prior to the meeting.

RESOLVED:- That planning permission be refused for the following reason:-

      1.     The development would be seen in the wider views of Carr Lane being
             harmful to the local character, detract from the existing simple
             symmetry of the houses and would appear as an incongruous feature
             within the streetscene, thereby, being contrary to saved policies B21
             and D21 of the former and Borough of Barrow-in-Furness Local Plan
             Review 1996-2006, Housing Chapter Alteration Barrow-in-Furness
             Borough Council Plan Review 1996-2006 respectively.

396 – 11 and 13 Fell Croft, Dalton-in-Furness

From Messrs Ceansu/Samson in respect of the addition of dormer extensions to
front and rear elevations at 11 and 13 Fell Croft, Dalton-in-Furness as shown on plan
number 2010/1695.

The Committee had undertaken a site visit prior to the meeting.

RESOLVED:- That planning permission be refused for the following reason:-

     1.      Fell Croft contains a number of larger dormer extensions in the more
             central section of the street. Extending this form of development would
             have a significant further detrimental impact upon the street scene due
             to the large, box-like design which would produce a three storey flat
             roofed property in views from the public highways and from the
             community area to the north and would conflict with the traditional
             design of the terrace. Approval could also set a precedent which would
             lead to a further reduction in the visual amenity of the surrounding
             area. Approval would therefore conflict with the Barrow-in-Furness
             Borough Council Local Plan Review 1996-2006, Housing Chapter
             Alteration 2006 Policy B18 due to the dormer’s detrimental impact upon
             the character of the area.

The meeting closed at 5.44 p.m.

								
To top