Decision details

Planning Application No. SL/2018/0274 - Kendal - Part of the former Lancaster Canal

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decisions:

Formation of a public car park for 30 car park spaces including two disabled parking bays (Mr Sion Thomas, South Lakeland District Council).

 

The Planning Officer presented application SL/2018/0274 which sought permission for the formation of a public car park for 30 car parking spaces, including two disabled parking bays. She displayed photographs and plans which detailed the proposals and drew Members’ attention to the Late Representations which had been circulated prior to the meeting and which set out revised recommendations and conditions from Officers.

 

Councillor Graham Vincent, Economy and Assets Portfolio Holder, addressed the Committee. He stated that he was in favour of the application, as it would encourage a park and walk culture and it would be a pleasant walk into Kendal town centre for those visiting Kendal. For those working in the town, it would be easy parking incorporated with exercise in the working day. In addition there would be a reduction in vehicle movement in the town which would support South Lakeland District Council’s Clean Air Policy. Councillor Vincent concluded by informing Members that the current site was untidy and unmanaged, and by creating a new car park, the site would be managed and maintained. If successful, there could be the option to develop further park and walk sites in the area.

 

In further presenting the report the Planning Officer highlighted the addition of a further condition from Cumbria County Council which stated that there would be no raising of levels within the area identified as at risk of surface water flooding.

 

The Planning Officer answered questions raised by Members of the Committee. Members agreed that it had been an interesting site visit and felt that the proposed car park and the promotion of a park and walk scheme was an excellent use of the land.

 

RESOLVED – That the Director People and Places be authorised to GRANT planning permission subject to the following conditions:-

 

Condition (1)   The development hereby permitted shall begin not later than three years from the date of this decision.

 

Reason:           To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

Condition (2)   The development hereby permitted shall be carried out in accordance with the following approved plans:

 

K35085/A1/03 Rev A;

K35085/A1/04 Rev B;

K35085/A1/102 Rev B;

K3085/A1/06

All above received by the Local Planning Authority 30 August 2018

 

Document Titled: 'Location Plan - South Lakeland District Council Land off Parkside Road'. Received by the Local Planning Authority 28 March 2018.

 

Reason:           For the avoidance of doubt and in the interests of proper planning.

 

Condition (3)   a)         No development shall take place until full details of hard landscape works have been submitted to and approved in writing by the Local Planning Authority.  The details shall include:-

•hard surfacing materials;

•surface paint;

 

b)         Development shall be carried out in accordance with the approved details of materials and paint and retained as such thereafter unless otherwise agreed in writing with the Local Planning Authority.

 

Reason:           These details are required to be approved before the commencement of development to safeguard and enhance the character of the area and secure high quality landscaping in accordance with saved Policy S3 of the South Lakeland Local Plan.

 

Condition (4)

a)  No development shall begin unless and until a scheme for the provision of lighting has been submitted to and approved in writing by the Local Planning Authority.  The scheme shall include full details of the location, design, luminance levels, light spillage and hours of use of all lighting within the site.

 

b)  The approved lighting scheme shall be implemented in full prior to first use of the development hereby approved and retained as such thereafter unless otherwise agreed in writing with the Local Planning Authority.

 

Reason:           These details are required to be approved before the commencement of development to safeguard and enhance the character of the area and to minimise light pollution in accordance with saved Policy C5 of the South Lakeland Local Plan.

 

Condition (5)   The development hereby permitted shall not be brought into use until the ‘Access Barrier’ shown on drawing number K35085/A1/03 Rev A has been implemented and brought into operation.  The ‘Access Barrier’ shall be closed, in the down position, between the hours of 8pm and 7am to prevent vehicular access.  It shall be retained in accordance with the approved plans and operated in accordance with this condition at all time thereafter.

 

Reason:           To ensure that access to the site is controlled to safeguard the amenity of the neighbouring residents in accordance with National Planning Policy Framework para 17 Core Principles and para 123.

 

Condition (6)   The development hereby permitted shall not be brought in to use until the fence shown on drawing number K35085/A1/04 Rev B has been implemented

 

Reason:           To protect users of the canal path/cycleway in accordance with policy CS10.2 of the South Lakeland Core Strategy.

 

Condition (7)   The development hereby permitted shall not be brought into use until details of soft landscape works to be planted in the areas coloured green on drawing number K35085/A1/04 Rev B shall be submitted to and approved in writing by the Local Planning Authority.  These details shall include:-

Planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers / densities; and an implementation programme.

 

Reason:           To safeguard and enhance the character of the area and secure high quality landscaping in accordance with saved Policy CS8.1 of the South Lakeland Core Strategy and S3 of the South Lakeland Local Plan.

 

Condition (8)   The fence shown on drawing number K35085/A1/04 Rev B shall be retained in accordance with the approved plans at all times thereafter. 

 

Reason:           To protect users of the canal path/cycleway in accordance with policy CS10.2 of the South Lakeland Core Strategy.

 

Condition (9)   The agreed landscaping scheme shall be carried out as approved to the agreed timetable.  Any trees / shrubs which are removed, die, become severely damaged or diseased within five years of their planting shall be replaced in the next planting season with trees / shrubs of similar size and species to those originally required to be planted unless the Local Planning Authority gives written consent to any variation.

 

Reason:           To safeguard and enhance the character of the area and secure high quality landscaping in accordance with saved Policy CS8.1 of the South Lakeland Core Strategy and S3 of the South Lakeland Local Plan.

 

Condition (10)The use hereby permitted shall not take place other than between the hours of 07:00 to 20:00 hours.

 

Reason:           To safeguard the amenity of the neighbouring residents in accordance with National Planning Policy Framework para 17 Core Principles and para 123.

 

Condition (11)The construction works hereby permitted, including site preparation, earthworks, start-up of machinery, deliveries and unloading of equipment and materials shall not take place outside the hours of 08:00 to 18:00 hours Mondays to Fridays and 08:00 to 13:00 hours on Saturdays and at no time on Sundays or Public or Bank Holidays.

 

Reason:           To safeguard the amenity of neighbouring occupiers in accordance with National Planning Policy Framework paragraph 17 Core Principles and para 123.

 

Condition (12)In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported immediately to the Local Planning Authority.  Development on the part of the site affected must be halted and a risk assessment carried out and submitted to and approved in writing by the Local Planning Authority.  Where unacceptable risks are found remediation and verification schemes shall be submitted to and approved in writing by the Local Planning Authority.  These shall be implemented prior to the development (or relevant phase of development) being brought into use.  All work shall be undertaken in accordance with current UK guidance, particularly CLR11.

 

Reason:           To prevent harm to human health and the environment in accordance with National Planning Policy Framework para 17 Core Principles and paragraphs 121 - 122.

 

Condition (13)The drainage for the development hereby approved, shall be carried out in accordance with principles set out in submitted Proposed Drainage Layout, ref: K35085/A1/102 Revision B, received by the Local Planning Authority 30 August 2018 proposing surface water max 5l/s discharging into surface water sewer. For the avoidance of doubt and unless otherwise agreed in writing by the Local Planning Authority, surface water must drain to the surface water sewer at the restricted rate of 5l/s for any storm event. The development shall be completed in accordance with the approved details.

 

Reason:           To ensure surface water is managed in a sustainable way in accordance with Policy CS8.8 of the South Lakeland Core Strategy.

 

Condition (14)There shall be no raising of levels within the area identified as at risk of surface water flooding.

 

Reason:           To safeguard the amenity of the neighbouring residents in accordance with National Planning Policy Framework and to ensure surface water is managed in a sustainable way in accordance with Policy CS8.8 of the South Lakeland Core Strategy.

 

NOTE ON THE EFFECT OF PLANNING PERMISSION (Right of Way):

 

The grant of planning permission does not entitle developers to obstruct a public right of way.  Development so far as it affects a right of way, should not be started and the right of way should be kept open for public use until the relevant order for the diversion or extinguishment of the right of way has been obtained.

 

NOTE (2)        ADVICE FROM CONSULTEE TO BE SENT WITH THE DECISION NOTICE:

 

The applicant’s attention is drawn to the advice contained within the letter attached to the decision from Electricity North West.

 

NOTE (3)        ADVICE FROM CONSULTEE TO BE SENT WITH THE DECISION NOTICE:

 

The applicant’s attention is drawn to the advice contained within the letter attached to the decision from United Utilities dated 01/10/2018.

 

NOTE (4)        ADVERTISEMENTS:

 

This permission does not grant consent under the Town and Country Planning (Control of Advertisements) 2007 (as amended) for advertisement(s). If advertisements are required the applicant should seek advice from the Local Planning Authority.

 

In the exercise of its judgement in determining the appropriate balance of considerations, the Local Planning Authority has acted positively and proactively in determining this application proposal, taking into account all material considerations. Material considerations include planning policies and any representations that may have been received preceding the determination to grant planning permission in accordance with the presumption in favour of sustainable development as set out in the National Planning Policy Framework.  The Local Planning Authority is satisfied that its processes and practices are compatible with the Human Rights Act and the decisions of the European Court of Human Rights.

Publication date: 27/11/2018

Date of decision: 02/11/2018

Decided at meeting: 02/11/2018 - Planning Committee

Accompanying Documents: