Agenda and draft minutes

Apologies for absence were received from Councillor Riddell who was delayed.

Minutes of the meeting of the Tynedale Local Area Council, held on 11 October 2022, as circulated, to be confirmed as a true record, and signed by the Chair.

RESOLVED that the minutes of the meeting of Tynedale Local Area Council held on 11 October 2022, as circulated, be confirmed as a true record and signed by the Chair.

The Chair advised members of the procedure which would be followed at the meeting.

To request the committee to decide the planning applications attached to this report using the powers delegated to it.

Please note that printed letters of objection/support are no longer circulated with the agenda but are available on the Council’s website at http://www.northumberland.gov.uk/Planning.aspx

The committee was requested to decide the planning applications attached to the report using the powers delegated to it. Members were reminded of the principles which should govern their consideration of the applications, the procedure for handling representations, the requirement of conditions and the need for justifiable reasons for the granting of permission or refusal of planning applications.

RESOLVED that the information be noted.

Listed Building Consent for Change of colour on front of building (retrospective) Brew Bar, Market Square, Haltwhistle, Northumberland NE49 0BL.

There were no questions arising from the site visit videos which had been circulated prior to the meeting.

The Development Management Area Manager (West) referred to the significant debate on the application at the previous meeting and confirmed that some additional information had been circulated to members from the Built Heritage and Design Officer who was in attendance.  She stated that answers could be provided in response to the information emailed by the applicant to Members during the question part of the meeting.  She confirmed that the Council wanted to work with the applicant who had not been aware that consent had been required when they carried out the work.

The Senior Planning Officer introduced the application with the aid of a powerpoint presentation.

Mr Sam Jackson, the applicant, spoke in support of the application.  He made the following comments:-

·        The building had been painted prior to their redecoration.

·        Literature from Historic England (page 23, scenario 3): stated

“Redecoration with impermeable paints, except where the building is already painted with impermeable paint, is not a like-for-like replication and needs LBC (Listed Building Consent).”

·        The Committee needed to be made aware that not enough emphasis had been put on this and needed to be made aware.

·        They were disappointed that the current committee report did not include information he had provided, namely a professional building report, supporting literature from Historic England and additional comments.

·        The application had been considered as if this was the first time the building had been painted since its original finish which was incorrect and confirmed by a professional.

·        It was therefore irrelevant what paint type they had used as the building had already been painted over its original finish.

·        Concern that the decision was focused on something which it seemed did not require consent.

·        The only issue under debate should be the paint colour.  At the previous meeting there was almost unanimous agreement that the building looked great, a view supported by Haltwhistle Town Council and the people of Haltwhistle themselves.  This clearly proved a public benefit which far outweighed the ‘less than substantial harm caused.

In response to questions from Members of the Committee the following information was provided:-

·        Listed building consent had not been obtained previously when the ‘plastic based’ paint had previously been applied.  Permission would not be required if the building had been painted for upkeep or maintenance.  As permission had not been sought previously, enforcement action could be taken at any time against the current owner of the building.

·        It was suggested that due to the delicate nature of stone, the paint would need to be removed by hand with tools.  It was acknowledged that it would be challenging, costly and time consuming to remove.  ‘Sandblasting’ the front of the building to remove the paint would not be appropriate.  The officers were not stonemasons and unable to offer further guidance on the technique for paint removal which would need to be sought by the applicant.

·        3 similar cases had recently been  ...  view the full minutes text for item 68.

Retrospective planning permission is sought for the construction of one residential dwelling, with associated car parking and garden space, at 11 The Forge in Gilsland.  

There were no questions arising from the site visit videos which had been circulated prior to the meeting.

The Planning Officer introduced the application with the aid of a powerpoint presentation and confirmed that there were no updates.

In response to questions from Members of the Committee, the following information was provided:-

·        The rear boundary fence had been adjusted with the repositioning of the building and was also located 1.5 metres further south, in comparison to the approved plans.

·        If the boundary was moved 1.5 metres further north back to the original position, it was considered that there would be insufficient outdoor amenity space.  The committee were required to consider the application as it was submitted and could not change the application site by reducing the garden.

·        The officers were unable to comment on the period of time between the plans being approved in 2015 and the submission of the application in 2021.  The Parish Council had objected to the application.  The Director of Planning and the Chair and Vice Chair had considered whether the application should be considered by committee under the Scheme of Delegation.

·        The County Archeologist and Historic England were in agreement, after further consultation, that the development did not encroach into the Hadrian Wall scheduled monument although it was in the buffer zone and recommended removal of permitted development rights.

·        The error was made by the developer/builder and not the current applicant/owner who had bought the property in good faith.  However, the current owner would become liable if enforcement action was taken.  The remedy would be for the property to be demolished and rebuilt.

·        Building regulation would not normally involve cross reference of approved plans associated with planning permission.  Searches in the conveyancing process would reveal if there had been any enforcement action.

Councillor Kennedy proposed acceptance of the officer’s recommendation to approve the application which was seconded by Councillor Fairless-Aitken.

Upon being put to the vote, the motion was unanimously agreed.

RESOLVED that the application be GRANTED permission for the reasons and with the conditions as outlined in the report.

Planning permission is sought for the siting of one glamping pod for holiday accommodation purposes on land to the south of Hill Top, Lambley. 

There were no questions arising from the site visit videos which had been circulated prior to the meeting.

The Senior Planning Officer introduced the application with the aid of a powerpoint presentation and confirmed that there were no updates.

In response to questions from Members of the Committee the following information was provided:-

·        Whilst the site was located on land between two residential dwellings, it was outside a settlement boundary in an isolated location which was classed as being in the open countryside.

·        Whilst former Tynedale policies were supportive of tourism development, this application needed to be considered following adoption of the Northumberland Local Plan in March 2022.  This application site was not now considered to be an accessible location, it was away from a settlement with no footpaths or public transport therefore tourism development in this location was considered to be unsustainable.

·        Caselaw considered whether buildings (with wheels) required planning permission if they were capable of being moved.  Caravans permanently sited in the same location for occupation required permission.

·        Permission may have been granted for similar structures located nearby, if they had been determined prior to adoption of the new Northumberland Local Plan.

·        The site was not in an Area of Outstanding Natural Beauty.

·        The application site was located approximately 2.9 kilometers (as the crow flies) from Lambley.

Councillor Morphet proposed acceptance of the officer’s recommendation to refuse the application which was seconded by Councillor Stewart.

Upon being put to the vote, the motion was unanimously agreed.

RESOLVED that the application be REFUSED permission for the reasons outlined in the report.

Listed Building Consent to install 18 solar panels in 2no. rows of 9no. to the entire southeast facing roofscape, which is the front/principal elevation of the property known as Dawson Place Hall, Allendale, NE47 9PP.

There were no questions arising from the site visit videos which had been circulated prior to the meeting.

The Senior Planning Officer introduced the application with the aid of a powerpoint presentation and confirmed that there were no updates.

In response to questions from Members of the Committee the following information was provided:-

·        It was considered that the 18 solar panels, which would cover the whole of the south east facing roofscape, would be extremely visible and would cause too much harm in the Conservation Area.

·        It was likely that more applications of this nature would be considered in the future and each application would be considered on its own merits.  An application if sensitively sited on a second roof which was not on the principal elevation, may be supported.

·        This application had been referred to the Committee due to the support given by Allendale Parish Council.

·        It was appreciated that alternative energy sources would be difficult to be located or approved at this particular location, but officers could not recommend approval where the measures would cause harm to the listed building.  They would also not enhance the distinctiveness of the conservation area, contrary to Policy ENV 9.

Councillor Kennedy proposed that Listed Building Consent be granted, contrary to the officer’s recommendation, the wording of conditions be delegated to the Director of Planning in conjunction with the Chair.  He was of the opinion that the public benefit to the environment, reduction of C02 emissions in line with the Councils declaration of a climate emergency outweighed the less than substantial harm.  This was seconded by Councillor Horncastle who suggested that the building was shielded by the adjacent library.

Members of the Committee enquired whether officers had any photographs of the proposed solar panels as some panels were less intrusive and would blend in with the slate roof.  Unfortunately, only had the drawings supplied with the plans were available and it would not be possible to specify use of a less visually intrusive panel.

Some of the Councillors understood the difficulties experienced by occupants of old buildings which were difficult to insulate and were looking at alternative methods of powering and heating their homes which were ‘greener’.

The local member believed that solar panels had been approved elsewhere in the town and but perhaps not on a listed building.  Sources of renewable energy were also supported within the Allendale Neighbourhood Plan.  This dilemma would be repeated in the future and it would be desirable for the issue to be addressed via supplementary planning guidance and a holistic approach.

Upon being put to the vote the results were as follows: -

FOR: 4; AGAINST: 8; ABSTENTION: 1.

The motional failed.

Councillor Stewart proposed the officer’s recommendation that Listed Building Consent be refused which was seconded by Councillor Scott.

Upon being put to the vote the results were as follows: -

FOR: 8; AGAINST: 4; ABSTENTION: 1.

RESOLVED that Listed Building Consent be REFUSED for the reason set out in the  ...  view the full minutes text for item 71.

For Members’ information to report the progress of planning appeals.  This is a monthly report and relates to appeals throughout all 5 Local Area Council Planning Committee areas and covers appeals of Strategic Planning Committee.

The report provided information on the progress of planning appeals.

RESOLVED that the information be noted.

Councillor Horncastle left the meeting.

The meeting adjourned at 5.59 p.m. until 6.11 p.m.

To reply to any questions received from members of the public, which may be received in writing in advance of the meeting or asked at the meeting. Questions can be asked about issues for which the Council has a responsibility. If questions are received in advance of meetings it will increase the likelihood of an answer being provided at the meeting. (Public question times take place on a bimonthly basis at Local Area Council meetings: in January, March, May, July, September and November each year.)

As agreed by the County Council in February 2012, the management of local public question times is at the discretion of the Chair of the committee.

Please note however that a question may possibly be rejected if it requires the disclosure of any categories of confidential or exempt information, namely information:

1.      relating to any individual;

2.      which is likely to reveal the identity of an individual;

3.      relating to the financial or business affairs of any particular person;

4.      relating to any labour relations matters/negotiations;

5.      restricted to legal proceedings;

6.      about enforcement/enacting legal orders;

7.      relating to the prevention, investigation of prosecution of crime.

And/or:

·        is defamatory, frivolous or offensive;

·        it is substantially the same as a question which has been put at a meeting of this or another County Council committee in the past six months;

·        the request repeats an identical or very similar question from the same person;

·        the cost of providing an answer is disproportionate;

·        it is being separately addressed through the Council's complaints process;

·        it is not about a matter for which the Council has a responsibility or which affects the county;

·        it relates to planning, licensing and/or other regulatory applications;

·        it is a question that town/parish councils would normally be expected to raise through other channels.

If the Chair is of the opinion that a question is one which, for whatever reason, cannot properly be asked in an area meeting, he/she will disallow it and inform the resident of his/her decision.

Copies of any written answers (without individuals' personal contact details) will be provided for members after the meeting and also be publicly available.

Democratic Services will confirm the status of the progress on any previously requested written answers and follow up any related actions requested by the Local Area Council.

There were no public questions.

The report provides an update for members of the service provision for residents who are homeless, or at risk of homelessness, in Northumberland providing an outline of the key data and the services available for people sleeping rough.

Philip Soderquest, Service Director - Housing and Public Protection, outlined the report which updated members of the service provision for residents who are homeless, or at risk of homelessness, in Northumberland including key data and the services available for people sleeping rough.  (A copy of the report is enclosed with the signed minutes).

He explained the duties placed on local authorities by the Homelessness Act 2002 and the Homelessness reduction Act 2017.  Consultation earlier in 2022 had resulted in a new draft Homelessness and Rough Sleeping Strategy 2022 – 2024 which identified 5 priorities to meet the Government’s ambition that no one should be sleeping rough by 2027.  The strategy was to be presented to Cabinet for approval and adoption.

The Northumberland Domestic Abuse Strategy 2021-2024 implemented recommendations of the Domestic Abuse Act 2021 with regard to statutory duties for safe accommodation and support.

The committee were informed that there had been an increase in the number of applications to the Homelessness and Housing Options Service from 767 in 2020/21 to 5,408 in 2021/22 due to a change in the way cases were recorded on the system.  The report provided a breakdown of the reasons for homelessness and current Council provision for temporary and emergency accommodation.

In answers to questions, he provided the following information:

·        Officers were working with colleagues in planning to arrest the numbers of properties changing use from residential to Airbnb accommodation which was more financially lucrative to owners but was impacting on the number of residential properties available for let.  They were working with partners to increase housing supply, including building new Council properties, although costs had significantly increased in recent years and impacted on what could be delivered.

·        Approximately 40-50 council properties were sold each year under Right to Buy legislation.

·        The decent homes standard had applied to properties in the social rented sector since the early 2000’s.  This was under review and could be required to be met by private rented properties in the future, which could further impact on housing supply.

·        Often cases involved residents with complex needs and therefore the service worked in partnership with organisations such as Changing Lives to ensure that tenancies were sustainable.

·        They had an excellent working relationship with Advance Northumberland who had made brought back a number of properties back into residential use with hopefully more available in the future.

·        Eviction was treated as the last option by Housing providers, with the Homelessness and Housing Options Service working with all services to prevent homelessness.  Length of occupation of temporary accommodation varied but residents should be moved to other accommodation.

·        The Council would be unable to provide further accommodation to tenants if possession had been sought due to rent arrears, until such time as any arrears had been cleared.  To assist those seeking housing in the private rented sector, the council could, in specific circumstances assist by offering “paper” bond under the rent deposit guarantee scheme to other landlords.

·        The Council’s duty to provide accommodation depended on  ...  view the full minutes text for item 74.

This item is to:

a)      Receive any new petitions: to receive any new petitions.  The lead petitioner is entitled to briefly introduce their petition by providing a statement in writing, and a response to any petitions received will then be organised for a future meeting;

b)      Consider reports on petitions previously received: (none).

c)      Receive any updates on petitions for which a report was previously considered: any updates will be verbally reported at the meeting.

This item was to:

a)      Receive any new petitions:

It was reported that the e-petition to Request a speed limit on a section of the C234 between Warden Bridge and Fourstones had been closed and a report had been requested for the meeting on 14 March 2023.

b)     Consider reports on petitions previously received:

There were none to consider.

c)      To consider updates on petitions previously considered:

      i.         Peth Head, Hexham

Robin McCartney, Highways Infrastructure Manager, reported that additional 20mph repeater signs had been erected and it was hoped these would provide a reminder to motorists of the need to drive at 20mph.

A further speed survey was also to be arranged as the data obtained in the previous survey was incomplete due to the equipment being damaged.

    ii.         Allendale Road, Hexham

Robin McCartney, Highways Infrastructure Manager, reported that since the petition had been discussed in March, officers had made several visits to the site and had identified a number of "features" which could easily be incorporated into a forthcoming planned maintenance scheme on Allendale Road.  This had been discussed with local councilors and included:

-         Proposals to raise the existing pedestrian crossing on Allendale Road near the Whetstone Bridge Road junction to encourage reduced speeds.

-         Provision of a ‘raised junction’ at the Hextol Terrace junction, to reduce speeds and improve visibility for pedestrians wishing to cross the road and for motorists exiting Hextol Terrace.

-         Provision of dropped kerbs at the existing bus parking area on Allendale Road which would improve access for those pedestrians travelling from the Causey Hill Road area.

In answer to a question, he expected the work to be undertaken in April/May as they had been unable to get permits sooner.

RESOLVED that the updates be noted.

Gillian Cowell, Business and Community Engagement Officer, iNorthumberland Programme, will be in attendance to give a presentation and answer questions about the Digital Connectivity Infrastructure Acceleration (DCIA) project.

Gillian Cowell, Business and Community Engagement Officer, iNorthumberland Programme, attended the meeting to share information with Members about the Digital Connectivity Infrastructure Acceleration (DCIA) project.  (A copy of the presentation is enclosed with the signed minutes).

The presentation outlined the following information:

·        The main aim of the project was to drive improved connectivity, including 5G, to transform the public sector in the North East and help address deprivation, inequality, poor health outcomes, and drive economic growth, sustainability and inward investment.

·        This was one of 8 pilot projects funded by the Department of Culture Media and Sport.

·        Circa £0.5 million had been awarded to North of Tyne Combined Authority, Northumberland County Council, North Tyneside Council, Newcastle City Council, South Tyneside Council, Sunderland City Council.

·        The project intended to make LA asset information (including streetlights, public buildings, CCTV columns and land) visible to commercial operators using a digital asset management platform.  It also had potential to be expanded to include other partners and bus shelters and other street furniture.

·        They hoped to streamline the process, including use of a standardised approach and agreements using ECC compliant guidelines for calculating the commercial value of assets for rent.  This would make it easier and quicker for operators to know the assets available and types of equipment the assets could take.

She confirmed that it was intended that the scheme would be sustainable and used beyond the initial period of the project.

·        The project was to facilitate improved connectivity across the north east and where possible include 4G where this was currently not available.

·        A written response would be circulated from the project officer regarding information on use of 5G and public health.

·        It was believed there would be protocols for the sharing of assets if more than one provider was interested.  This would be checked when officers met with DCMS the following week.

RESOLVED that the information be received.

To receive a verbal update from the Area Managers from Technical Services and Neighbourhood Services in attendance about any key recent, ongoing and/or future planned Local Services work for the attention of members of the Local Area Council, who will also then have the opportunity to raise issues with the Area Managers.

The Area Managers have principal responsibility for highway services and environmental services, such as refuse collection, street cleansing and grounds maintenance, within the geographic boundaries of the Local Area Council.

Members received the following updates from the Area Managers from Neighbourhood Services and Technical Services:

Neighbourhood Services:

·        Grass cutting had finished for the year with leaf clearance hot spots being prioritised by both grounds maintenance and cleansing staff.  The team were also responding to reported areas of concern as soon as possible as they were a safety issue to prevent them becoming a trip hazard when wet.

·        The areas around the war memorials had been tidied the previous week prior to the Remembrance Day services.

·        The winter cut back of shrubs and hedges was underway.

·        Some of the Grounds and Cleansing team were part of the winter services rota with other staff assisting with footpath gritting when required.

·        Waste collection services were currently running well and fully staffed after problems experienced earlier in the year with a shortage of HGV drivers.

·        There were 3 weeks remaining of the garden waste collection service.  Refuse collections would be a day late in the weeks commencing 26th December and 2nd January, due to the bank holidays.  Existing rounds continued to be reviewed with houses being built and additional take up of the garden waste collection service with collections in some areas now being passed to depots in the southeast.

·        The interval between collections for the glass recycling trial was to be extended to 6 weeks after the collection in January, as capacity in the bins and vehicles identified that this was feasible and would significantly reduce costs.  A text alert service was available to receive reminders about collection dates if householders subscribed.  Participation rates and yields would be closely monitored and returned to 4-weekly if negatively impacted.

It was agreed that clarification would be obtained after the meeting regarding charges for the disposal of rubble at Household Waste Recovery Centres.

Technical Services:

·        Highway inspections were up to date in the Tynedale area with 5,997 actionable defects recorded over the last 3 months and 96.4% repaired in accordance with the policy.

·        The main slurry sealing work had been completed before the temperature had dropped and preparatory work had commencing ahead of the 2023 season.

·        The gulley tanker was continuing its routine cleansing programme with the dedicated drainage gang and JCB renewing gully pots, cross drains and ditching in known problem areas.

·        A number of LTP surfacing works had been completed and it was anticipated that the U & C investment projects in the west would be completed before the end of the financial year.

·        Carriageway permanent repairs refurbishment / patching had been undertaken at 5 locations out of the areas budget allocation where there were concerns regarding the extent of deterioration.

·        A number of safety schemes and other works had also been completed.

·        An update on the County wide winter services arrangements had been circulated electronically with no change to service standards or the winter maintenance policy since the previous year.  The same roads would be treated within the specified timescales by 105 members of staff with assistance from colleagues in Neighbourhood Services and farmers.  ...  view the full minutes text for item 77.

At 7.15 pm it was agreed that standing orders be suspended to continue the meeting beyond the 3-hour limit.

RESOLVED that in accordance with the Council’s Constitution, standing orders be suspended and the meeting continue over the 3-hour limit.

David Laux, Head of Technical Services, Robin McCartney, Highways Infrastructure Manager and Kris Westerby, Highways Delivery will attend to provide an overview on the operation and challenges of Highways Maintenance.

David Laux, Head of Technical Services, Robin McCartney, Highways Infrastructure Manager and Kris Westerby, Highways Delivery Manager were in attendance to provide an overview on the operation and challenges of Highways Maintenance.  (A copy of the presentation is enclosed with the signed minutes.)

The presentation included:

·        Reference to the Highway Law on Maintenance - section 41(1) Highways Act 1980 “...duty to maintain the highway.”

·        Definition of highways assets.

·        Processes followed to manage and maintain the safety of the asset and minimise public liability exposure.

·        Definition of functional road hierarchy and inspection frequencies.

·        Assessment of defects and repair response times where hazardous criteria met.

·        Management of footways and cycleways, bridges, drainage, gully data/monitoring, other assets (street lighting, traffic lights, signs and lines, safety fences, soft landscaping).

·        Current performance data.

·        Annual budgets in excess of £25 million with additional funding from DfT Challenge Fund and additional capital funding for U and C footway programme etc.

·        New equipment and innovative new systems to improve the service and provide feedback to members of the public.

Members expressed their appreciation to the officers for the informative presentation and work undertaken by everyone in the Highways team.  It was suggested that it would be beneficial if there were a highways maintenance video similar to the winter readiness film.

The following issues were highlighted by Councillors: 

·        Insurance claims had peaked in 2018/2019 with 250 claims received within a 6-month period following damage to the highway network as a result of the extreme winter weather from the ‘Beast from the East’.  Officers worked closely with colleagues in the insurance section and Zurich Insurance to provide evidence regarding inspections with many claims successfully defended.  The amount of insurance paid out in relation to any specific claim where the Council was found to be liable depended on the type of case and varied from small amounts for say a puncture to larger amounts for those with serious injuries following an accident.

·        The new technology being developed for fault reporting would be application based which would appeal to the younger demographic.

RESOLVED that the presentation be received.

To note the latest version of agreed items for future Local Area Council meetings (any suggestions for new agenda items will require confirmation by the Business Chair after the meeting).

A list of agreed items for future Local Area Council meetings was circulated.  (A copy is enclosed with the minutes.)

Members were invited to email any requests to the Chair and / or Democratic Services Officer between meetings.

RESOLVED that the work programme be noted.

The next meeting (planning only) will be held on Tuesday, 13 December 2022.

The next meeting (planning only) would be held on Tuesday 13 December 2022 at 4.00 p.m.