Decision details

Planning Application No.SL/2018/0011 - Kendal - Land off Oxenholme Road, Kendal

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decisions:

Erection of 49 dwellings (Phases 3 and 4) (Oakmere Homes (North West) Ltd).

 

The Interim Development Management Team Leader presented Planning Application No. SL/2018/0011 which sought approval of reserved matters in relation to Phase 3 and Phase 4 of the residential development approved under Planning Application No. SL/2015/0085. He displayed photographs and plans which detailed the proposals and made reference to the site visit. Members’ attention was drawn to the Late Representations which had been circulated prior to the meeting and which included a letter of objection from a resident of Blencathra Gardens. The Interim Development Management Team Leader highlighted details of the affordable housing provision in Phases 1, 2 and 3. He advised Members that throughout the application process the house types, which now included split-level dwellings, had been changed and changes had also been made to the orientation of and the distances between new and existing dwellings and these changes addressed the issue of overlooking. He made reference to the landscaping scheme and informed Members that the culvert had been redesigned following consultation between the applicant and Natural England. In addition the Interim Development Management Team Leader advised Members that a response was awaited from the Local Lead Flood Authority in regard to the revised drainage strategy.

 

Ms Karen Valentine, a local resident, addressed the Committee. She informed Members that her property was on the boundary of the Oakmere Development and requested that her concerns be taken into account. She highlighted that the conservatory of her property had been erased from recent plans and requested an explanation as to why this was the case. She went on to outline concerns regarding the height of a number of plots and the distances between properties and stated that her property would be overlooked. She concluded her address by stating that the design of the proposed dwellings was overbearing, out of character and would have an impact on the wider settlement and amenity and would result in overcrowding, overlooking and loss of privacy and light.

 

Miss Meakin, a local resident, addressed the Committee. She informed Members that the trees had no maintenance programme and were getting large and causing shadows across the road and she proposed the introduction of a maintenance programme to manage the trees. She concluded her address by stating that it was a shame that the view from the A65, Burton Road, into Kendal would be ‘in your face’ housing and proposed that any buildings built on the hill to be 51 feet below the height of the existing development.

 

Mr Alastair Skelton, the applicant’s agent, addressed the Committee. He informed Members that the applicant understood the concerns of the residents of adjoining properties and had engaged directly with neighbours to discuss their concerns. He made reference to the relocated soakaway and the reconfigured boundary and that the applicant had provided extra detail regarding the topography. He acknowledged the concerns regarding flooding and explained that extensive consultation had taken place with the Council and the Local Lead Flood Authority in order to finalise a robust solution. Mr Skelton stated that Planning Officers had agreed that the townscape and visual impact were acceptable and that the impact on residential amenity had been considered carefully and thoroughly and that established standards and guidelines had been applied, the interface had been met and exceeded and additional separation achieved. He concluded his address by stating that the Planning Officer’s report was clear that there was no adverse impact, the applicant had worked and negotiated with local residents, it was a good quality development and he requested that the Committee approve the application.

 

In further presenting the report, the Interim Development Management Team Leader responded to concerns raised by local residents and displayed the plans to outline the height, elevation and separation distances of the proposed properties. He referred to the updated flood drainage scheme, the existing watercourse and proposed soakaways, and additional bunding and explained that an acceptable drainage plan could be achieved and this would be subject to a maintenance agreement.

 

The Interim Development Management Team Leader and Solicitor answered questions raised by Members. Members gave consideration to the reorientation of the proposed properties and acknowledged the amount of work which had been undertaken by the developer and the Planning Officers in preparing the application. Members agreed that it was a significant development and it was important that it was done properly and the development would be an example to other authorities of how to achieve the best for the community whilst protecting our landscape.

 

RESOLVED – That the application be granted subject to:-

 

(1)        receipt of a revised Drainage Strategy acceptable to the Local Lead Flood Authority and Scheme of Landscaping;

 

(2)        the completion of a Section 106 Planning Obligation with regard to the provision of affordable housing; and,

 

(3)        the following conditions:-

 

Condition (1)   The development herby permitted shall be carried out in accordance with the following approved plans:

 

-       To be agreed.

 

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

 

Condition (2)   No development of the Emergency Vehicular Access onto Oxenholme Road as included on Drawing No. 049-0-01 Rev. B shall commence until a Safety Audit of the Emergency Vehicular Access has been prepared and a detailed scheme for the Emergency Vehicular Access has been submitted to and approved in writing by the Local Planning Authority. The Emergency Vehicular Access shall be implemented in accordance with the approved details and phasing scheme.

 

Reason:           To ensure safe access is provided for occupiers of the development in accordance with Policy CS10.2 of the South Lakeland Core Strategy.

 

Condition (3)   No development within Phase 3 identified on Drawing Number 2664-0-11 ‘Proposed Site Phasing Layout’ shall take place until details of any alterations to the banks of the watercourse within that Phase have been submitted to and approved in writing by the local planning authority. The development shall be implemented in accordance with the approved details.

 

Reason:           To protect the water quality within the tributary of the River Kent Special Area of Conservation (SAC) and the River Kent Site of Special Scientific Interest (SSSI) in accordance with Policy CS8.4 of the South Lakeland Core Strategy and saved Policies C6 and C7 of the South Lakeland Local Plan.

 

Condition (4)   No development within Phase 3 or Phase 4 identified on Drawing Number 2664-0-11 ‘Proposed Site Phasing Layout’ shall take place until the levels of external paths and any/patio/decking areas within each plot for that Phase have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

 

Reason:           To ensure appropriate levels in the interest of the appearance of the site, the surrounding landscape and residential amenity in accordance with Policies CS8.2 and CS8.10 of the South Lakeland Core Strategy.

 

Condition (5)   The development shall be completed in accordance with the approved drainage scheme and shall be retained in accordance with the approved scheme at all times thereafter.

 

Reason:           To ensure that the drainage scheme does not result in the exacerbation of surface water flooding within the site or elsewhere in accordance with Policy CS8.8 of the South Lakeland Core Strategy.

 

Condition (6)   No development within Phase 3 identified on Drawing Number 2664-0-11 ‘Proposed Site Phasing Layout’ shall commence until a scheme detailing noise mitigation measures within the dwellings with habitable room windows facing Oxenholme Road in accordance with the details contained paragraphs 6 and 10 of the Acoustic Assessment provided by Sound Advice dated 6th January 2014. The approved noise mitigation measures shall be installed prior to first occupation of the respective dwellings and shall be retained thereafter.

 

Reason:           To ensure appropriate levels of amenity for occupiers in in accordance with Policies CS8.2 and CS8.10 of the South Lakeland Core Strategy and Paragraph 17 ‘Core Planning Principles’ of the National Planning Policy Framework.

 

Condition (7)   Phase 3 and Phase 4 as identified on Drawing Number 2664-0-11 shall be carried out in accordance with the Strawberry Fields Construction Method Statement January 2015 and Compound Layout Plan Drawing No. 042/CMS/01 Rev C (received 3 April 2018).

 

Reason:           To ensure appropriate levels of amenity for neighbouring occupiers in in accordance with Paragraph 17 ‘Core Planning Principles’ of the National Planning Policy Framework.

 

Condition (8)   All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out before any part of the development is occupied or in accordance with a programme to be agreed in writing with the Local Planning Authority prior to any development commencing. 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 S3 of the South Lakeland Local Plan.

 

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: 29/01/2019

Date of decision: 09/01/2019

Decided at meeting: 09/01/2019 - Planning Committee

Accompanying Documents: