Agenda and draft minutes

Planning Committee
Thursday, 26 October 2017 10.03 a.m.

Venue: District Council Chamber, South Lakeland House, Kendal. View directions

Contact: Una Bell 

Items
No. Item

P/82

Minutes pdf icon PDF 238 KB

To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 28 September 2017 (copy attached).

Minutes:

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting of the Committee held on 28 September 2017.

P/83

Declarations of Interest

To receive declarations by Members of interests in respect of items on this Agenda.

 

Members are reminded that, in accordance with the revised Code of Conduct, they are required to declare any disclosable pecuniary interests or other registrable interests which have not already been declared in the Council’s Register of Interests.  (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting.)

 

Members may, however, also decide, in the interests of clarity and transparency, to declare at this point in the meeting, any such disclosable pecuniary interests which they have already declared in the Register, as well as any other registrable or other interests.

 

If a Member requires advice on any item involving a possible declaration of interest which could affect his/her ability to speak and/or vote, he/she is advised to contact the Monitoring Officer at least 24 hours in advance of the meeting.

Minutes:

RESOLVED – That it be noted that Councillor Phil Walker declared an interest in Minute Nos.P/86 (Planning Application No. SL/2016/1090) and P/87 (Planning Application No. SL/2017/0754).

P/84

Local Government Act 1972 - Excluded Items

To consider whether the items in Part II of the Agenda should be considered in the presence of the press and public.

Minutes:

RESOLVED – That should discussion be necessary, the items in Part II of the Agenda be dealt with following the exclusion of the press and public.

P/85

Public Participation

Any member of the public who wishes to ask a question, make representations or present a deputation or petition at this meeting should apply to do so prior to the start of the meeting.  Information on how to make the application can be obtained by viewing the Council’s Website www.southlakeland.gov.uk or by contacting the Committee Services Team on 01539 733333.

 

(1)        Planning Applications

 

            Planning applications for which requests to speak have been made.

 

(2)        Agenda Items

 

            Agenda items for which requests to speak have been made.

Minutes:

Jo Willmott addressed the Committee under the general public participation scheme with regard to Minute No.P/91 (Review of Public Participation in Planning Matters). She expressed her concerns regarding the proposed changes to the scheme in particular the limit to one objector and one supporter. She stated that the scale of some of the planning applications which came before the planning committee would attract a large amount of public attention. She proposed that for each ten representations a further speaker be permitted. She felt it was important that if one element of the scheme was to be removed that it should be replaced by an alternative, to ensure that the voice of the public would be heard. She highlighted two recent planning applications which had received hundreds of representations during the consultation period and she stated that this level of public interest should warrant an appropriate level of public participation. She advocated further discussion on the matter and urged for the decision be deferred.

 

In addition, members of the public had registered to speak in regard to a number of planning applications.

 

RESOLVED – That it be noted that applications to speak under the Council’s planning public participation scheme have been received in respect of the following items:-

 

(1)        Minute No.P/86 (Planning Application No. SL/2016/1090);

 

(2)        Minute No.P/87 (Planning Application No. SL/2017/0754);

 

(3)        Minute No.P/88 (Planning Application No. SL/2016/0574);

 

(4)        Minute No.P/89 (Planning Application No. SL/2016/0575); and

 

(5)        Minute No.P/90 (Planning Application No. SL/2017/0733).

P/86

Planning Application No. SL/2016/1090 - Kendal - Land adjacent to the north side of Natland Mill Beck Lane pdf icon PDF 513 KB

To determine a planning application for the erection of up to 26 dwellings including vehicular and pedestrian access

Additional documents:

Minutes:

Erection of up to 26 dwellings including vehicular and pedestrian access Land adjacent to north side of Natland Mill Beck Lane (Oakmere Homes (North West) Limited)

 

Note – Councillor Phil Walker declared a non-pecuniary interest in this item by virtue of his position of District Ward Member. Councillor Walker made a verbal representation under the Council’s Public Participation Scheme and left the meeting during discussion and voting on the item.

 

The Development Control Team Leader advised the Committee that Planning Applications SL/2016/1090 and SL/2017/0754 were linked and he would present the applications together.

 

Planning Application SL/2016/1090 sought outline planning permission for the erection of 26 dwellings on the northern section of the site between Helme Drive and the canal. He informed the Committee that planning permission had been refused for a similar scheme in June 2016 and highlighted that the reasons for refusal were included in the report. He explained that all matters, with the exception of access arrangements, were reserved for consideration.

 

Planning Application SL/2017/0754 sought a change of use of the land to an amenity area with public access and use for horticultural training and included the provision of a foot/cycle path and a bridge over the beck.

 

He displayed plans and photographs which detailed the proposals and referred to the site visits.

 

Members’ attention was drawn to the late representations which had been circulated prior to the meeting.

 

Mr Andrew Thomas, a local resident, also representing other local residents, addressed the Committee. He stated that the access to the proposed development would be along Natland Mill Beck Lane which was a tranquil, safe, historic and rural lane and that the developer proposed to radically alter the lane by widening it and creating passing places, which would create stop start traffic and cause a detrimental effect. He made reference to the volume of traffic generated by 26 homes and stated that the impact would be significant. He informed the Committee that Natland Mill Beck was home to protected white-clawed crayfish and was part of the River Kent Special Area of Conservation. He highlighted residents’ concerns regarding flooding at nearby Rinkfield and properties on Natland Road. He stated that the land was not allocated as housing land in South Lakeland District Council’s Land Allocation Document and there was no demonstrable need to build houses on this piece of land. He voiced the local residents’ opposition to the training area, stating that the increase in traffic, noise and general activity would be a major change to an open field, currently designated as open space. He concluded by stating that the plans had been strongly opposed by Kendal Town Council, Natland Parish Council, Kendal Civic Society, Friends of the Lake District and 74 letters of objection had been submitted by local residents. Just 16 months ago the Planning Committee had unanimously rejected an application for 26 homes on the same site, very little had changed since then, and he urged the Committee to do the same today.

 

Councillor Phil Walker,  ...  view the full minutes text for item P/86

P/87

Planning Application No. SL/2017/0754 - Kendal - Land at Natland Mill Beck Lane pdf icon PDF 416 KB

To determine a planning application for the change of use of land to an amenity area for the public including a training area, hard-standing, teaching area for landscape and ecological enhancement of the site.

Additional documents:

Minutes:

Change of use of land to amenity area for the public including a training area, hard standing, teaching area for landscape and ecological enhancement of the site Land at Natland Mill Beck Lane, Kendal (Oakmere Homes (Northwest) Limited)

 

Having presented the full report in the previous item, the Development Control Team Leader reminded the Committee that the application had been submitted in connection with SL/2016/1090 and was to change the use to an amenity area with public access and use for horticultural training, the scheme also included the provision of a foot/cycle path and bridge over the beck.

 

The Members gave consideration to the creation of a hard standing for car parking and a training area and agreed that it would impact on the landscape and the visual amenity and would introduce urbanisation to the area.

 

RESOLVED – That the application be refused for the following reason:-

 

The proposed use and associated development will urbanise the open space and increase its use adversely affecting the visual, cultural, environmental, and biodiversity significance of the Amenity Open Space on the southern part of the site and will have a detrimental impact on the tranquil settlement character of this part of southern Kendal. The proposal is therefore contrary to the aims of Core Strategy Policies CS1.1, CS2, CS8.1, CS8.2, and Local Plan Allocations Policy LA1.10.

 

Note – The Committee voted to adjourn for a break at 12.05 p.m. and reconvened at 12.12 p.m., when the same Members were present, with the exception of Councillors John Clough and Phil Walker.

P/88

Planning Application No. SL/2016/0574 - Kendal - Land and Buildings on the north side of Parkside Road pdf icon PDF 262 KB

To determine a planning application for a residential development and formation of vehicular access.

 

Please also see Part II Appendix 1

Additional documents:

Minutes:

Residential development and formation of vehicular access land and buildings on the north side of Parkside Road, Kendal (Electricity North West Limited)

 

The Planning Officer presented the application SL/2016/0574 which sought outline planning permission for the development of 43 dwellings on land north of Parkside Road, Kendal. He displayed plans and photographs which detailed the proposals and referred to the site visit.

 

Members’ attention was drawn to the late representations which had been circulated prior to the meeting.

 

Mr Simon Strand, a local resident, addressed the Committee. He explained that he had lived at the top of Nether Street for 25 years and made reference to the photographs which had been included in the late representations. He stated that the site was one metre higher than the level of Nether Street and consequently the proposed two and a half storey houses would be 2.5 metres higher than the existing properties. Additionally one of the houses was sited only 2.5 metres away which would have a detrimental impact on privacy and light. He expressed his concerns regarding the land contamination and urged for this to be investigated further. He made reference to the proposed pedestrian access through Nether Street and stated that the concerns of existing residents should be considered.

 

Mr Peter Thompson, the applicant, addressed the Committee. He explained that Electricity North West required quality office accommodation and depots and the premises on Parkside Road fell short of this and was not in line with modern needs. Electricity North West had been forced to look at innovative solutions. They had developed a modern future working depot and a housing development which would be used to fund the depot and ensure that Electricity North West would remain in Kendal.

 

Mr Jon Burns, the applicant’s agent, addressed the Committee. He stated that it was a challenging site and acknowledged the reduction in the affordable housing provision. However, he felt that a high quality development application had been formulated, which would improve rather than harm and there was much to merit on the planning application.

 

In further presenting the report the Planning Officer highlighted that the main issues were the principle of the proposed development, the impact on the character of the Kendal Conservation Area, the level of affordable housing, access, land contamination and residential amenity. It was confirmed that the principle of the development was acceptable as the development was located in the Principal Service Centre of Kendal and would facilitate the development of a new premises for the applicant and would deliver amenity benefits. It was confirmed that the current use of the land detracted from the character of the conservation area, that Environmental Protection were content that the contaminated condition of the land was reasonably understood and that remediation was deliverable and that the development would safeguard the route of the adjacent canal, should the opportunity arise from any future reinstatement. Subject to design and form, a scheme was deliverable that would not result in adverse impacts upon residential amenity.  ...  view the full minutes text for item P/88

P/89

Planning Application No. SL/2016/0575 - Kendal - Land and Buildings on the south side of Parkside Road pdf icon PDF 148 KB

To determine a planning application for a residential development with new vehicular access.

Minutes:

Residential development with new vehicular access depot on the south side of Parkside Road, Kendal (Electricity North West Limited)

 

The Planning Officer presented the application SL/2016/0575 which sought outline planning permission for the development of six dwellings on land south of Parkside Road, Kendal. He displayed plans and photographs which detailed the proposals and referred to the site visit. He informed the Committee that it was a further application from Electricity North West Limited, on additional land which formed part of their depot. It was confirmed that the principle of the development was acceptable as the development was located in the Principal Service Centre of Kendal and would facilitate the development of new premises for the applicant and would deliver amenity benefits. It was confirmed that Environmental Protection were content that the contaminated condition of the land was reasonably understood and that remediation was deliverable. It was confirmed that following a recent Environment Agency update the land had been identified as being in Environment Agency Flood Zones 1 and 2. However, the Sequential Test was demonstrated as passed and that a range of measures had been identified within the Flood Risk Assessment which mitigated the harm resulting from the flood risk. Subject to design and form, a scheme was deliverable that would not result in adverse impacts upon residential amenity and the setting of the Conservation Area.

 

The Members agreed that the site visit had been valuable and felt it was an excellent use of the site and would be a welcome asset to Kendal.

 

RESOLVED – That the application be granted subject to conditions in respect of the following:-

 

Condition (1)   Time limit – Outline Planning Application.

 

Condition (2)   Definition of reserved matters.

 

Condition (3)   List of approved plans and documents.

 

Condition (4)   Land Contamination Assessment and Remediation Strategy.

 

Condition (5)   Arboricultural Survey and Method Statement.

 

Condition (6)   Noise Assessment.

 

Condition (7)   Development in accordance with Flood Risk Assessment.

 

Condition (8)   Scheme for foul and surface water disposal.

 

Condition (9)   Construction Environmental Management Plan.

 

Condition (10) Hours of Construction.

 

Condition (11) Details of carriageways and footpaths etc.

 

Condition (12) Development not to be occupied until the access and footpaths etc.

completed to base course level.

 

Condition (13) Footways to link continuously to existing footways.

 

Note – The Committee voted to adjourn for a break at 12.56 p.m. and reconvened at 13.27 p.m., when the same Members were present.

P/90

Planning Application No. SL/2017/0809 - Docker - Oldfield Barn pdf icon PDF 90 KB

To determine a planning application for the erection of a detached summerhouse.

Additional documents:

Minutes:

Erection of a detached summerhouse Oldfield Barn, Docker, Kendal (Mr & Mrs J Ellis)

 

The Development Control Team Leader presented application SL/2017/0809 which sought permission for the erection of a detached summerhouse on land at the south west of Oldfield Barn, Docker. He displayed plans and photographs which detailed the proposal and referred to the site visit.

 

Members’ attention was drawn to the late representations which had been circulated prior to the meeting.

 

Kate Bellwood, the applicant’s agent, addressed the Committee. She informed the Committee that the land at Oldfield Barn had been maintained as a domestic garden and vegetable plot for 30 years and the site identified for the summerhouse already had a patio installed. She stated that she had difficulty in understanding the reasons for refusal, as the small scale of the development and the muted colours of materials would not have an impact on the landscape.

 

In further presenting the report the Development Control Team Leader informed the Committee that a Lawful Development Certificate for use of land as a garden had been granted in 2015. However, the erection of a summerhouse was an urbanizing form of development which would adversely change the character of the area.

 

RESOLVED – That the application 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:

 

Location Plan, Scale 1:2500, Received 5 September 2017

Block/Site Plan, Scale 1:500, Received 5 September2 017

Proposed Elevations, Scale 1:50, Received 5 September 2017

 

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

P/91

Review of Public Participation in Planning Matters pdf icon PDF 188 KB

To consider a review of the scheme of Public Participation in planning matters.

Additional documents:

Minutes:

The Solicitor to the Council presented the report which outlined the proposed changes to the Public Participation Scheme used for the Planning Committee. She explained that the report had been brought to the Planning Committee following its deferral in August 2017.

 

The Members recognised the importance of public participation in planning matters and following a lengthy debate felt that a workshop event would provide a better forum to fully investigate the options.

 

RESOLVED – That the item be deferred to a date to be agreed in order that a Member workshop could be arranged to facilitate the review of Public Participation in Planning Matters.

P/92

Planning Application No. SL/2017/0733 - Milnthorpe - 6 Haverflatts Lane pdf icon PDF 112 KB

To determine a planning application for a single storey rear extension and erection of railings.

Minutes:

Single storey rear extension and erection of railings 6 Haverflatts Lane, Milnthorpe (Mr & Mrs Smith)

 

The Development Control Team Leader presented the application SL/2017/0733 which sought planning permission for the partial demolition of a single storey rear extension and the erection of a replacement single storey rear extension and the erection of railings. He displayed plans and photographs which detailed the proposals. He informed the Committee that the scale and design of the application would not cause significant harm to the character of the conservation area or the visual and residential amenity of the area.

 

RESOLVED – That the application be granted subject to condition in respect of the following:-

 

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:

 

Site Location Plan, reference S1

Block Plans, reference S5 A

Floor Plans as proposed, reference S6

Proposed Elevations, reference S7

 

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

P/93

Planning Performance and Appeals Update pdf icon PDF 106 KB

To consider an update on performance measures and recent appeals as at 17 October 2017.

Additional documents:

Minutes:

Members were presented with an update on performance measures and recent appeals.

 

RESOLVED – That the report and the contents of Appendices 1 and 2 to the report be noted.

 

Note – Members voted to move into Part II to discuss the legal advice regarding Underbarrow Road, Kendal set out in the Part II papers.

P/94

Press and Public

Minutes:

RESOLVED - That, under Section 100(A)(4) of the Local Government Act 1972, the press and public, be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Part 1 of Schedule 12 A of the Act as amended by the Local Government (Access to Information) (Variation) Order 2006 by virtue of the paragraph indicated.

P/95

Legal Advice Regarding Underbarrow Road - Kendal (SL/2015/0412)

To consider legal advice regarding Underbarrow Road, Kendal Planning Application No. SL/2015/0412.

Minutes:

Councillor Mary Wilson, as Chairman of the Planning Committee had been consulted and agreed that in the circumstances and due to the time constraints involved, the matters should be considered at this meeting of the Planning Committee as an urgent matter.

 

Members gave consideration to the legal advice.

 

RESOLVED – That

 

(1)        the advice contained within the report be noted; and

 

(2)        recommendations (2) and (3) of the Part II report be agreed.

 

Note – Following this discussion, Members voted to re-admit the press and public.

P/96

Re-Admission of Press and Public

Minutes:

RESOLVED – That the press and public be re-admitted to the meeting.

P/97

A Report on Monthly Enforcement Activity pdf icon PDF 181 KB

To consider an update on planning enforcement activity between 1 August and 31 August 2017.

Minutes:

The Committee was presented with a report on Enforcement Activity between 1 August and 31 August 2017.

 

RESOLVED – That

 

(1)        the report and contents of Appendix 1 to the report be noted; and

 

(2)        the actions of the officers in closing cases as set out in Appendix 2 be endorsed.