Decision details

Planning Application No.SL/2018/0707 - Kendal - K Village, 1 Riverside Place, Lound Road, Kendal

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decisions:

Part redevelopment of existing buildings (via change of use, occupation of redundant plant space and conversion/extension of roof space) to provide a 69 bedroom hotel (Class C1), 88 one-bedroom apartments (Class C3), office space (Class B1) and flexible retail/office space (Classes A1, A2, A3 and B1) with external alterations to existing elevations and internal courtyard space (Lou Kendal Ltd).

 

The Planning Officer presented Planning Application No. SL/2018/0707 which sought permission for a new hotel on the ground floor of K Village and accommodation on the upper floors through conversion of vacant and/or underused commercial floor space and a new build component fronting Lound Road. He displayed photographs and plans which detailed the proposals and drew Members’ attention to the Late Representations which had been circulated prior to the meeting. The photographs and plans displayed included aerial shots and the existing frontage on Lound Road and the 1st floor courtyard, the plans provided details of the key elevations, a cross section of the building and the external changes which included new and dormer windows. He concluded his presentation by stating that the report before the Members was comprehensive and covered complex issues and the proposal was an imaginative scheme which would bring a building back into active use.

 

Councillor Giles Archibald, District and Kendal Town Councillor, addressed the Committee. He stated that he supported the application of what was an important iconic building with a sad history. He informed Members that he had welcomed the proposals which, in addition to bringing the building back into use, would provide much needed accommodation in the town. The development would add vibrancy to the area, which was also in need of additional hotel space, particularly at busy times such as the Comic Art and Kendal Mountain Festivals. The development would give more options to those visiting the town and local business would benefit from an increase in trade. He stated he was pleased that the owners of the K Village heritage collection had indicated their intention to find a new home for the collection; to a place where it would be more available for visitors. He concluded his address by stating that he strongly supported the development and its success would ensure the building would be well maintained with additional security.

 

Mr Simon Thomas, Chairman of Kendal BID (Business Improvement District), addressed the Committee. He informed the Members that he supported what had been said by Councillor Archibald and he reiterated the need for additional hotel accommodation, which he felt was particularly apparent during Comic Art and Kendal Mountain Festivals. He stated that a consequence of Kendal not having sufficient hotel accommodation was that the town was not getting the economic benefit of the visitors to the festivals, as people were staying in the Lake District. He concluded his address by informing Members that Kendal BID welcomed the development and the increase in trade it would bring to the town.

 

Mr Dan Brown, the applicant’s agent, addressed the Committee. He highlighted that the report had concluded that the technical and policy issues had been addressed and that during consultation 86% of respondents had been in favour of the application and no one had expressly objected. He explained that there was strong support for the proposals and the development would bring benefits to tourism, housing and the local economy. He concluded his address by stating that the applicant was following the M4(2) category of building regulations in the construction of the dwellings and that if the application was approved, work would commence in January 2019 with an 18 to 24 month timeframe for completion.

 

The Planning Officer answered questions raised by Members of the Committee. Members gave consideration to the lack of affordable housing provision and the viability assessment. Members agreed the application offered a bright future to the K Village site.

 

RESOLVED – That the application be approved 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:

 

·         Location Plan: Drawing no. 18111(5)101;

·         Ground Floor Plan as Existing: Drawing no. 18111(5)102;

·         Basement – Level 1 and 2 as Existing: Drawing no. 18111(5)103;

·         First Floor Plan as Existing: Drawing no. 18111(5)104;

·         Second Floor Plan as Existing: Drawing no. 18111(5)105;

·         Third Floor Plan as Existing: Drawing no. 18111(5)106;

·         Roof Plan as Existing: Drawing no. 18111(5)107;

·         Elevations as Existing: Drawing no. 18111(5)108;

·         Sections as Existing: Drawing no. 18111(5)109;

·         Ground Floor Plan as Proposed: Drawing no. 18111(5)110(A);

·         Basement – Level 1 and 2 as Proposed: Drawing no. 18111(5)111;

·         First Floor Plan as Proposed: Drawing no. 18111(5)112;

·         Second Floor Plan as Proposed: Drawing no. 18111(5)113;

·         Third Floor Plan as Proposed: Drawing no. 18111(5)114;

·         Roof Plan as Proposed: Drawing no. 18111(5)115;

·         Elevations as Proposed: Drawing no. 18111(5)116;

·         Sections as Proposed: Drawing no. 18111(5)117; and

·         Cross Sections as Proposed: Drawing no. 18111(5)118.

 

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

 

Materials

 

Condition (3)   The new external surfaces of the building shall be completed in materials that 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)   All new doors and windows within the development shall accord with a specification that shall first have been submitted to, and 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.

 

Uses

 

Condition (5)   The floorspace identified as ‘flexible A1, A2, A3 or B1 use’ on Proposed Ground Floor Layout Plan reference 18111(5)010(A) hereby approved shall be permitted to operate within Use Classes A1, A2, A3 or B1 (or a combination of these Use Classes) upon its first occupation.

 

Reason:          To maintain maximum flexibility between appropriate uses in the relevant parts of the building.

 

Optional housing standards

 

Condition (6)   New-build apartments 201-204, 207-211, 217-230 and 301-320 inclusive shall be constructed to Building Regulations’ M4(2) standards for accessible and adaptable homes.  New-build apartment 204 shall be constructed to meet the Building Regulations’ M4(3) standard for wheelchair adaptation.

 

Reason:          To secure an appropriate level of compliance with Policy DM11 of the South Lakeland Development Management Policies Development Plan Document.

 

Surface water

 

Condition (7)   None of the new floorspace hereby approved shall be first occupied until all new roofs and other hard surfaces have been connected to the existing surface water drainage system.

 

Reason:          To ensure that flood risk is not increased within the site or elsewhere.

 

Highways

 

Condition (8)   None of the new floorspace hereby approved shall be first occupied until any proposed alterations to the highway, including carriageway, footways, footpaths, cycleways etc. have been completed and drained in accordance with a scheme that shall first have been submitted to, and approved in writing by, the Local Planning Authority.

 

Reason:          To ensure a minimum standard of construction in the interests of highway safety.

 

Condition (9)   New ground floor windows and doors abutting the highway shall be of a type which cannot open outwards onto the highway.

 

Reason:          To minimise possible danger to other highway users.

 

Condition (10)None of the floorspace hereby approved shall be first brought into use until a requisite travel plan has been submitted to and approved in writing by the Local Planning Authority.  The travel plan, or plans, shall be developed in accordance with the Framework Travel Plan (Report No. A096046 FTP) dated August 2018 and prepared by WYG, and shall include provision for the appointment of a travel plan co-ordinator, an implementation timetable and enforcement mechanisms; and shall include arrangements for monitoring of progress of the proposals and review thereof.  The travel plan shall be implemented and maintained in accordance with the approved timetable and scheme of monitoring and review as long as any part of the development is occupied.

 

Reason:          To encourage the use of more sustainable modes of transport.

 

Parking

 

Condition (11)None of the floorspace hereby approved shall be first brought into use until a requisite level of parking based upon Table 3.1 of the Transport Assessment WYG (Project No. A096046-1) dated August 2018 has been made available for use by residents, staff, customers and visitors.

 

Reason:           To ensure the timely provision of an appropriate level of parking.

 

Flood action plan

 

Condition (12)None of the floorspace hereby approved shall be first occupied until a requisite Flood Action Plan has been submitted to, and approved in writing by the Local Planning Authority.  The Flood Action Plan must include details of flood evacuation procedures including emergency vehicular and pedestrian routes. Thereafter, the approved Flood Action Plan shall be implemented in accordance with the approved details.

 

Reason:          To minimise the dangers of flooding for residents, staff, customers and visitors.

 

Biodiversity

 

Condition (13)None of the residential units hereby approved shall be first occupied until 15 swift bricks have been fitted beneath the eaves of the Lound Road frontage of the building in accordance with details that shall first have been submitted to, and approved in writing by the Local Planning Authority.  Thereafter, the bricks 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 (14)None of the new accommodation hereby approved shall be first occupied until at least two bat boxes have been installed within the application site in accordance with details 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 (15)Any external lighting shall be installed and maintained in accordance with a scheme that shall first have been submitted to, and approved in writing by the Local Planning Authority.

 

Reason:          To safeguard residential amenity and minimise disturbance to protect foraging bats.

 

Construction

 

Condition (16)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:

 

·         Proposed vehicle routing;

·         The swept path analysis of the proposed vehicle routes;

·         Proposed scheduling and timing of vehicular movements;

·         Handling facilities for deliveries, including parking arrangements for heavy goods vehicles, construction workers’ vehicles and visitors;

·         Proposals for the loading, unloading and storage of plant, machinery and materials;

·         Any traffic management that is proposed;

·         Measures to control the emission of dust and dirt during construction in adherence with the provisions of the WYG Air Quality Assessment dated August 2018 and, in particular, to ensure that any exposed materials, waste stockpiles are skips are kept covered; 

·         Measures to avoid excess dirt on adjacent roads;

·         Measures to control noise and vibration from plant, equipment and development processes;

·         A designated refuelling area (if required) with dedicated drip trays and spill kits to be provided at least 10m from the River Kent;

·         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; and

·         Proposals to ensure that artificial lighting is, as far as practicable, directed away from the River Kent.

·         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 (17)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 and minimise disturbance to protect foraging bats.

 

Amenity

 

Condition (18)Servicing of the hotel from the designated layby on Lound Road shall not occur outside of the hours of 0800 – 2000 Monday to Friday, and 0800 – 1300 Saturdays and Sundays.

 

Reason:          To safeguard residential amenity.

 

Condition (19)Any plant or equipment required incidentally to the uses hereby approved (and not requiring planning permission in its own right), including ventilation, extraction filtration or condensing systems shall be installed and maintained in accordance with a scheme, or schemes, that shall first have been submitted to, and approved in writing by the Local Planning Authority.  The scheme(s) shall be designed to minimise the impacts of noise, fumes and odours on the amenity of surrounding commercial and residential properties, with noise levels not exceeding background noise levels at all existing and proposed residential receptors.

 

Reason:          To safeguard residential amenity.

 

NOTE (1)        Although not directly affected by this development the developer is reminded that a number of trees within adjoining land are subject to a Tree Preservation Order.  This needs to be taken into account in the construction process and particularly in the preparation and implementation of any schemes required to be approved in compliance with conditions on this consent.

 

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.

 

Note – The Committee voted to adjourn for a break at 11.25 a.m. and reconvened at 11.32 a.m. when the same Members were present.

Publication date: 03/01/2019

Date of decision: 29/11/2018

Decided at meeting: 29/11/2018 - Planning Committee

Accompanying Documents: