Agenda and minutes

Planning Committee
Thursday, 20 July 2017 2.00 p.m.

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

Contact: Una Bell 

Items
No. Item

P/32

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 the following declarations of interest were made:-

 

Councillor Eric Morrell in Minute No.P/35 (A report on unauthorised operational development at Monton, Cart Lane, Grange-over-Sands).

P/33

Local Government Act 1972 - Excluded Items

To consider whether the item 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 item in Part II of the Agenda be dealt with following the exclusion of the press and public.

P/34

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:

RESOLVED – That it be noted that applications to speak under the Council’s public participation scheme have been received.

P/35

A report on unauthorised operational development at Monton, Cart Lane, Grange-over-Sands pdf icon PDF 325 KB

Following deferment at the meeting of the Planning Committee on 29 June 2017, to further consider unauthorised operational development at Monton, Cart Lane, Grange-over-Sands.

 

Please also see Part II Appendices 8 and 9.

Additional documents:

Minutes:

Note – Councillor Morrell clarified that whilst he knew the applicant, Mr Trevor Wilson, he was not a close personal associate and therefore would remain in the meeting during discussion and voting on the item.

 

The Chairman advised the Committee that further late representations had been received that morning, hard copies of which had been placed before Members. This was in addition to the late representations emailed to Members on the previous day, hard copies of which had also been circulated at the meeting. The Chairman allowed a period of time for Members to read the information.

 

Once Members had indicated that they had had sufficient time to read the late representations received that morning, the Development Management Group Manager presented the report and displayed photographs of the property. He outlined the details of the recommended Enforcement Notice and confirmed that the only issue for consideration was whether or not the Enforcement Notice should be served.

 

Ms Hasson, a resident of Cart Lane, addressed the Committee and explained that she was reading, in her absence, what the residents’ Counsel had advised. Counsel’s advice stated that what had been erected was unlawful and that the CLOPUD (Certificate of Lawfulness of Proposed Use or Development) was also unlawful. Reference was also made to the validity of the CLOPUD Class A category and an alleged side/rear elevation error. Counsel’s advice concluded by stating that the CLOPUD should be revoked for three reasons:-

 

(1)        The dormer could not be re-erected as the CLOPUD was not lawful and could not be granted again, not in the same form as this was a side elevation, and possibly not at all. The garage extension raised the question of whether the 50 cubic metre tolerance under Permitted Development had been exceeded.

 

(2)        Heritage assets could be affected (consider the Grange-over-Sands conservation area and No.12 Cart Lane (Grade II listed)). The impact on these assets should be fully assessed in addition to complying with section 66 and 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990).

 

(3)        The impact to residential amenity and loss of privacy needed to be fully taken into account. Members should seriously consider the reaction and distress expressed by local residents ever since the dormer and its associated roof works had been erected.

 

Ms Hasson went on to address the Committee on behalf of Kate Bellwood, the agent representing a number of local residents. Ms Bellwood’s representation confirmed that the Members had seen Counsel’s Opinion, which had been commissioned by the neighbours of Monton. Ms Bellwood fully agreed with Counsel’s Opinion and urged the Committee to take action and to enforce against all of the breaches.

 

Councillor Tom Harvey, Ward Councillor for Grange South, addressed the Committee. He felt that there had been an assumption by Members that the issue, which had been ongoing for two years, had been properly managed by the Development Management Department. He agreed that it was a complicated issue and asked the Committee to revisit the  ...  view the full minutes text for item P/35

P/36

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 items of business on the grounds that they involve 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/37

A report on unauthorised operational development at Monton, Cart Lane, Grange-over-Sands - Appendices 8 and 9

Minutes:

-       Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings ((Paragraph 5)

 

Members gave consideration to the Counsel’s Advice, to South Lakeland District Council, dated 27 April 2017 and the Counsel’s Further Advice dated 24 June 2017.

 

Note – Following this discussion, Members voted to move back into Part I.

P/38

Re-Admission of Press and Public

Minutes:

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

P/39

A report on unauthorised operational development at Monton, Cart Lane, Grange-over-Sands

Minutes:

The Development Management Group Manager addressed the Committee and reiterated that the Members had two choices to consider:-

 

(1)        whether to sanction the enforcement of the substitution of three existing clear glazed units located on the south west corner aspect of the dormer to obscure glazing; or

 

(2)        whether to sanction enforcement action to remove the dormer and restore the roof to its original height.

 

Members were, however, warned of the risk of an award of costs being made against the Council following a further appeal by the applicant.

 

The Chairman addressed the Committee and explained that Councillor John Holmes, who had tendered his apologies, had submitted written comments and these were read out to the Committee. Councillor Holmes’ comments made reference to the increase in the roof height and suggested that planning permission should have been sought for this increase, which would have given neighbours the opportunity to voice their objections prior to work being carried out.

 

The Committee gave consideration to the revocation of the Certificate of Lawful Development and was advised by the Senior Solicitor that to resolve to commence the revocation process would require deferral of the enforcement decision as different steps might need to be taken in terms of enforcement if the certificate were to be revoked.

 

Note - The Committee voted to adjourn for a break at 4.17 p.m. and reconvened at 4.27 p.m., when the same Members were present.

 

During further consideration of the item, Members voted to move into Part II to discuss further legal advice from the Senior Solicitor.

P/40

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/41

A report on unauthorised operational development at Monton, Cart Lane, Grange-over-Sands

Minutes:

-       Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings ((Paragraph 5)

 

Members gave consideration to the Senior Solicitor’s advice.

 

Note – Following this discussion, Members voted to move back into Part I.

P/42

Re-Admission of Press and Public

Minutes:

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

P/43

A report on unauthorised operational development at Monton, Cart Lane, Grange-over-Sands

Minutes:

Members on the whole were of the opinion that the development was overbearing and inappropriate and, following lengthy consideration, it was subsequently

 

RESOLVED – That the Director of People and Places issue an Enforcement Notice to secure the removal of the dormer and restore the roof to its original height, for the following reasons:-

 

(1)        The building will by reason of the close proximity of the new windows in the box dormer to habitable room windows of neighbouring properties together with a material increase in overlooking of neighbouring gardens have an adverse impact on the amenity of surrounding residential properties and in particular has an adverse impact on the residential amenity of  the properties 12, 14, 16 and 18 Cart Lane and Ashgarth, The Nook, Paigles and Meadowcroft, The Orchard, Grange-over-Sands by virtue of loss of privacy and overlooking.

 

(2)        The property forms the boundary with the Grange-over-Sands Conservation Area and 12 Cart Lane is a Grade II listed building and it is considered that the extensive glazing and design of the box dormer has an adverse impact on the setting of the listed building and that the visual impact does not preserve or enhance that part of the Conservation Area.