Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Demolition of a shop, workshop, stores and house and erection of eight apartments (Aynam Tower Developments).
Note – Councillor Pete McSweeney declared a non-pecuniary interest in this item by virtue of the fact the applicant was known to him and he had been in discussion with the applicant in regard to the application before the meeting. Having regard to the perception of bias and/or predetermination, he left the meeting during the discussion and voting on the item; and
Councillors Rupert Audland, John Holmes, Kevin Lancaster and David Williams declared non-pecuniary interests by virtue of the fact the applicant was known to them. They remained in the meeting during discussion and voting on the item.
The Vice-Chairman, Councillor Eric Morrell, took the chair for the item.
The Planning Officer presented Planning Application No. SL/2018/0181 which sought planning permission for the demolition of a shop, workshop, stores and house and the erection of eight apartments. He displayed plans and photographs which detailed the proposals. The Planning Officer advised Members that in 2016 a planning application had been submitted and refused over concerns in respect of flood risk, impact on Kendal Conservation Area, access and impact on neighbours. He went on to outline the details of the revised proposal which sought to address the reasons for refusal of the previous application. The Planning Officer outlined the details of the proposed three storey building and explained that the ground floor would be an undercroft car park.
Brenda Gray, a supporter, addressed the Committee and referred to the comprehensive planning report and stated that she welcomed the Officer’s recommendation for approval. She referred to the Council Plan and stated that the development would support the relocation of a local business which had been devastated by Storm Desmond and support the local housing need. She felt that the site was ripe for a development which would enhance the environment and that this was a win-win situation.
Councillor Graham Vincent, Economy and Assets Portfolio Holder, addressed the Committee. He stated that he supported the application which was a strategic fit to the river corridor of Kendal. He highlighted the development and ongoing work in the area, which included New Road Common, The Factory, the renovation of the Alms Houses, the Parish Church Hall, the proposed Abbot Hall scheme and the ground works outside Waterside. He concluded by stating that presentation was everything and the proposed development was a suitable and attractive fit.
Mr Graham Harrison, the applicant, addressed the Committee. He began his address by stating that he wished to highlight the work and involvement of the professionals, in addition to his architect, engineers and advisors, who had contributed knowledge, experience and time in order to bring forward the innovative and attractive design which demonstrated that it was possible to build flood resilient dwellings in Kendal. He informed the Committee that although the design had been challenging, everyone involved had been very proud of what had been achieved. He concluded his address by acknowledging the individuals and organisations which had been involved in the application, for their proactive, engaging and pragmatic approach to the application.
Members thanked the Planning Officer for the comprehensive report and presentation and agreed it had been an excellent site visit and that it was a superb application which would be a great improvement to the existing building.
RESOLVED – That planning permission be granted 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:
K787/001, Existing Site Plan and Site Location Plan;
K787/004A, Proposed Site Plan and Site Location Plan;
K787-05B, Proposed Ground Floor Plan;
K787-06A, Proposed First Floor Plan;
K787-07A, Proposed Second Floor Plan; and
K787-008C, Proposed Elevations.
Reason: For the avoidance of doubt and in the interests of proper planning.
Condition (3) The new external surfaces of the building shall be completed in materials that shall complement the existing building and shall first have been agreed in writing by the Local Planning Authority.
Reason: To ensure the development is of a high quality design in accordance with Policy CS8.10 of the South Lakeland Core Strategy, and saved Policy S2 of the South Lakeland Local Plan.
Condition (4) None of the apartments hereby approved shall be first occupied until detailed landscaping proposals for the “Planted Zone / Permeable Area” identified on the Proposed Ground Floor Plan (drawing K787-05B) have been submitted to, and agreed in writing by, the Local Planning Authority. The landscaping proposals shall include a timetable for completion and thereafter shall be carried out in accordance with the agreed timetable.
Reason: To safeguard and enhance the character of the area.
Condition (5) The construction of the vehicular access, including the lowering of the kerbs and the provision of drainage, shall be carried out in accordance with a specification that shall first have been submitted to, and approved in writing by, the Local Planning Authority. Thereafter, the vehicular access shall be maintained as approved for the lifetime of the development.
Reason: To safeguard and enhance the character of the area.
Condition (6) None of the apartments hereby approved shall be first occupied until the approved vehicular access, together with the approved on-site turning and parking facilities, have been constructed and made available for use. Thereafter, the vehicular access together with the on-site turning and parking facilities shall be retained and capable of use for the lifetime of the development.
Reason: To safeguard highway safety.
Condition (7) No development shall commence until a Construction Environment and Traffic Management Plan (CE&TMP) has been: (1) submitted to, and approved in writing by, the Local Planning Authority; and (2) implemented in accordance with a timetable contained therein. The CE&TMP shall include details of:
· The construction of the site access and the creation, positioning and maintenance of associated visibility splays;
· Access gates, which must be hung to open away from the public highway no less than 5m from the carriageway edge and incorporating the necessary visibility splays;
· Details of proposed crossings of the highway verge;
· Retained areas for vehicle parking, manoeuvring, and loading and unloading of vehicles for their specific purpose during the development;
· The surfacing of the access roads from the pubic highway into the site for a minimum distance of 15m;
· The management of junctions to and crossings of the public highway and other public rights of way/footway;
· The scheduling and timing of movements, temporary warning signs and banksman details;
· A designated refuelling area (if required) with dedicated drip trays and spill kits to be provided at least 10m from the River Kent;
· Measures to control the emission of dust and dirt during construction and, in particular, to ensure that any exposed materials, waste stockpiles are skips are kept covered;
· Bunding with sandbags or silt fencing under/adjacent to the riverside railings to protect the river from any potential sediment or pollution in surface water run-off during heavy rainfall.
· The provisions within the agreed CE&TMP shall be maintained for the duration of the construction phase of the development.
· In addition to the above, the following activities are prohibited on site during the construction phase of the development:
v Burning of waste material; and
v Washing out of equipment.
Reason: To safeguard residential amenity, minimise disruption to the highway network and to mitigate potential harm to the River Kent SSSI / SAC.
Condition (8) No development shall commence until a specification for a surface water drainage system, including long-term maintenance, has been submitted to, and approved in writing by, the Local Planning Authority. None of the approved apartments shall be first occupied until the approved surface water drainage system has been completed and made operational. Thereafter, the approved system shall be maintained for the lifetime of the development in accordance with the agreed specification.
Reason: To ensure that flood risk is not increased within the site or elsewhere.
Condition (9) No development shall commence until a scheme for: (1) flood resilience for the building up to 45.00m AOD; (2) and flood resistance for the proposed first floor plant room (in accordance with the recommendations of the Flood Risk Assessment & Surface Water Drainage Strategy prepared by R. G. Parkins & Partners Ltd dated 28 February 2018) has been submitted to, and approved in writing by, the Local Planning Authority. Thereafter, the development shall be completed in accordance with the agreed scheme.
Reason: To minimise risks to future occupants.
Condition (10)None of the apartments hereby approved shall be first occupied until its intended occupants have been supplied with a copy of the “AYNAM TOWER FLOOD PLAN” prepared by R. G. Parkins & Partners Ltd. dated 13 March 2018.
Reason: To minimise risks to future occupants.
Condition (11)None of the apartments hereby approved shall be first occupied until swift boxes or bricks have been installed in accordance with a scheme that shall first have been submitted to, and approved in writing by, the Local Planning Authority. Thereafter, the boxes shall be maintained for the lifetime of the development.
Reason: To secure a net gain in biodiversity in accordance with the National Planning Policy Framework.
Condition (12)None of the apartments hereby approved shall be first occupied until the parking provision shown on approved Proposed Ground Floor Plan (drawing K787-05B) has been constructed and made available for use.
Reason: To ensure the timely provision of an appropriate level of parking.
Condition (13)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 in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken and where remediation is necessary a remediation scheme must be prepared, which is subject to the approval in writing of the Local Planning Authority.
Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority.
Reason: To prevent harm to human health and the environment in accordance with the National Planning Policy Framework.
Condition (14) No building work or associated deliveries shall occur on Bank Holidays or otherwise outside the hours of 0800 – 1800 Monday to Friday and 0900 – 1300 on Saturdays without the prior written agreement of the local planning authority.
Reason: To safeguard residential amenity.
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: 03/01/2019
Date of decision: 29/11/2018
Decided at meeting: 29/11/2018 - Planning Committee