Agenda and minutes

Planning Committee
Thursday, 29 November 2018 10.00 a.m.

Venue: District Council Chamber, South Lakeland House, Kendal

Contact: Committee Services 

Note: Registration to speak deadline is 0.01am (one minute past midnight) on the Tuesday prior to the meeting. 

Items
No. Item

P/55

Minutes pdf icon PDF 326 KB

To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 2 November 2018 (to be circulated prior to the meeting).

Minutes:

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting held on 2 November 2018.

P/56

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:-

 

(1)        Councillors Rupert Audland, John Holmes, Kevin Lancaster, Pete McSweeney and David Williams with regard to Minute No. P/59 (Planning Application No. SL/2018/0181); and

 

(2)        Councillor Gill Gardner with regard to Minute No. P/64 (Planning Application No. SL/2018/0829).

P/57

Local Government Act 1972 - Excluded Items

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

Minutes:

RESOLVED – That it be noted that there are no excluded items on the agenda.

P/58

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 by no later than 0:01am (one minute past midnight) two working days before 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 in respect of the following items:-

 

(1)        Minute No. P/59 (Planning Application No. SL/2018/0181);

 

(2)        Minute No. P/60 (Planning Application No. SL/2018/0707); and

 

(3)        Minute No. P/64 (Planning Application No. SL/2018/0829).

P/59

Planning Application No.SL/2018/0181 - Kendal - 9 and 10 Aynam Road, Kendal pdf icon PDF 249 KB

To determine an application for the demolition of shop, workshop, stores and house and erection of eight apartments.

Minutes:

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  ...  view the full minutes text for item P/59

P/60

Planning Application No.SL/2018/0707 - Kendal - K Village, 1 Riverside Place, Lound Road, Kendal pdf icon PDF 405 KB

To determine an application for part redevelopment of existing building (via change of use, occupation of redundant plant space and conversion / extension of roof space) to provide 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.

Additional documents:

Minutes:

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  ...  view the full minutes text for item P/60

P/61

Planning Application Nos.SL/2018/0016 and SL/2018/0594 - Scales - Land at Flosh Fields pdf icon PDF 132 KB

To determine an application for the construction of an equestrian ménage (Revised Siting).

Additional documents:

Minutes:

The construction of an equestrian manège (revised siting) (Mr Peter and Janet Kendall).

 

The Planning Officer presented Planning Application No. SL/2018/0594 which sought permission for the construction of an equestrian manège, which involved the revised siting of a manège which had been granted planning permission under SL/2017/1134, and the creation/regularisation of a track serving the proposed manège. The Planning Officer advised Members that Planning Application No. SL/2018/0016 had been withdrawn and therefore the application presented to them today was a single application. He displayed photographs and plans which detailed the proposals and drew Members’ attention to Late Representations which had been circulated prior to the meeting and contained additional conditions and he referred to the site visit.

 

Members gave consideration to surface water drainage and the proposed soakaway and the potential flood risk to other properties in the area. Members considered that a further condition should be added in relation to drainage. In addition the word ‘maintained’ needed to be added to the condition contained within the Late Representations.

 

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:

 

1:1250 scale- Location plan – Dwg No FDS0295 – No1 Rev A –

Received 05/07/2018;

1:500 scale – Existing site plan - Dwg No FDS0295 – No 2 Rev A – Received 05/07/2018;

1:500 scale – Proposed site plan - Dwg No FDS0295 – No 2 Rev B – Received 05/07/2018; and

1:100 scale – Proposed plan - Dwg No FDS0271 – No 5 Rev A –

Received 05/07/2018.

 

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

 

Condition (3)   The manêge hereby permitted shall only be used for private equestrian uses and not for commercial equestrian uses or as part of a livery. 

 

Reason:          The use is only acceptable on a limited basis to safeguard the residential amenity of nearby residential properties.

 

Condition (4)   Prior to use of the manêge commencing:

a) A scheme for the provision of external lighting for the manege shall have been submitted to and approved in writing by the Local Planning Authority.  The scheme shall include full details of the location, design, luminance levels, light spillage and hours of use of all external lighting within the site.

 

b) The approved lighting scheme shall be implemented in full prior to first occupation of the development hereby approved.

 

Reason:          To control the potential for light pollution in accordance with saved Policy C5 of the South Lakeland Local Plan and to safeguard residential amenity of nearby residential properties.

 

Condition (5)   a) The development shall not be  ...  view the full minutes text for item P/61

P/62

Planning Application No.SL/2018/0608 - Kirkby Lonsdale - Cressbrook (former Cedar House School), Kendal Road, Kirkby Lonsdale pdf icon PDF 191 KB

To determine an application for the demolition of existing classroom block, formation of new entrance drive, construction of three detached dwellings with associated landscaping, parking, single-storey garage and summerhouses (Full Planning Application).

Additional documents:

Minutes:

Demolition of an existing classroom block, formation of a new entrance drive, construction of three detached dwellings with associated landscaping, parking, single storey garage and summerhouses (Full Planning Application) (Cressbrook Developments).

 

The Planning Officer presented Planning Application No. SL/2018/0608 which sought permission for the demolition of an existing classroom block, the formation of a new entrance drive and the construction of three detached dwellings. 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 and which set out revised recommendations and conditions.

 

The Planning Officer answered questions raised by Members in relation to affordable housing provision and outlined the changes to National Planning Policy Framework in this regard.

 

Members considered the application and thanked the Planning Officer for a well written and balanced report. In addition they took the opportunity to thank the Planning Officer, Chris Harrison, who would be leaving the employment of the Council at the end of the year, for his service to the authority and to wish him well for the future.

 

RESOLVED – That the application be approved subject to the following:-

 

The agreement of an acceptable scheme of surface water drainage with Cumbria County Council – LLFA; and,

 

The planning conditions outlined at the end of this report.

 

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 – Drawing No. KL2773 12 A

Proposed Site Plan – Drawing No. KL2773 01 C

Proposed Lower Ground Floor Plan – Drawing No. KL2773 02 A

Proposed Ground Plan – Drawing No. KL2773 03 C

Proposed First Floor Plan – Drawing No. KL2773 04 C

Proposed Second Floor Plan – Drawing No. KL2773 05 C

Elevations As Proposed Plot 1 – Drawing No. KL2773 06 A

Elevations As Proposed Plot 2 – Drawing No. KL2773 07 A

Elevations As Proposed Plot 3 – Drawing No. KL2773 08 C

Site Sectional Elevations – Drawing No. KL2773 09 C

Boundary Wall Details – Drawing No. KL2773 10 C

Block Plan – Drawing No. KL2773 11 C

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

Surface Water

Condition (3) The development hereby approved shall not be occupied until the scheme for the disposal of surface water as detailed in the Drainage Strategy – Proposed Residential Development at Cressbrook House, Kirkby Lonsdale – K35474/01/DS/RH Issue A received 23rd November 2018 has been completed on site. The approved works shall be retained as such thereafter.

 

Reason: To ensure adequate provision is made for the management of surface water and sewage.

 

Materials

 

Condition (4) No superstructure shall be erected until samples  ...  view the full minutes text for item P/62

P/63

Planning Application No.SL/2018/0750 - Lower Holker - Land (paddock) adjacent to 47 Allithwaite Road, Flookburgh, Grange-over-Sands pdf icon PDF 114 KB

To determine an application for the erection of dwelling and bungalow (application for Approval of Reserved Matters pursuant to Outline Planning Application Ref.SL/2018/0028).

Additional documents:

Minutes:

Application for Approval of Reserved Matters pursuant to Outline Planning Application ref. SL/2018/0028) (Mrs Manning).

 

The Planning Officer presented Planning Application No. SL/2018/0750 which sought approval of reserved matters pursuant to Outline Planning Application No. SL/2018/0028 for the erection of a dwelling and bungalow on land (paddock) adjacent to 47 Allithwaite Road, Flookburgh, Grange-over-Sands. He displayed photographs and plans which outlined the reserved matters application and Members’ attention was drawn to the Late Representations which had been circulated prior to the meeting.

 

RESOLVED –That the reserved matters application be granted subject to the following conditions:-

 

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

Proposed Site Plan – Drawing No. P-06 Rev. F received 19th

November 2018;

Proposed Elevations House – Drawing No. P-03 Rev. F received 31st October 2018;

Proposed Plans House – Drawing No. P-02 Rev. H received

30th August 2018;

Proposed Elevations Bungalow – Drawing No. P-05 Rev. D

received 31st October

2018;

Proposed Plans Bungalow – Drawing No. P-42 Rev. C received 30th August 2018; and,

Percolation Test Report and Soakaway Design Information received 22nd November 2018.

 

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

 

Condition (2)   The development hereby permitted shall be constructed entirely of materials details of which are shown on:

Proposed Elevations House – Drawing No.P-03 Rev. F received 31st October 2018; and

Proposed Elevations Bungalow – Drawing No. P-05 Rev. D received 31st October 2018.

 

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 (3)   The development hereby approved shall not be occupied until the vehicular access, vehicle turning and vehicle parking provisions have been constructed in accordance with the approved details. The vehicular access, vehicle turning and vehicle parking provisions shall be retained and be capable of use at all times thereafter, and shall not be removed or altered without the prior consent of the Local Planning Authority.

 

Reason:          In the interests of highway safety in accordance with Policy CS10.2 of the South Lakeland Core Strategy.

 

Condition (4)   The development hereby approved shall not be occupied until the approved surface water and foul water disposal works have been completed on site in accordance with the approved details.  The approved works shall be retained as such thereafter.

 

Reason:          To ensure adequate provision is made for the management of surface water and sewage.

 

Condition (5)   The development shall not proceed except in accordance with the hedgerow protection strategy described on Proposed Site Plan – Drawing No. P-06 Rev. F deposited with the Local Planning Authority on 19th November 2018.

 

Reason:          For the avoidance of doubt and to prevent harm to protected trees in accordance with Policies CS8.1 and CS8.2 of the South Lakeland Core Strategy and saved Policies C11 and S18 of the South Lakeland Local Plan.

 

In the exercise of its judgement in  ...  view the full minutes text for item P/63

P/64

Planning Application No.SL/2018/0829 - Lower Holker - Part of OS Field No.0005, off Green Lane, Flookburgh pdf icon PDF 96 KB

To determine an application for siting of a welfare shelter and installation of a septic tank (Resubmission SL/2018/0635).

Additional documents:

Minutes:

Siting of a welfare shelter and installation of a septic tank (resubmission SL/2018/0635) (Mrs Thompson).

 

Note – Councillor Gill Gardner declared a non-pecuniary interest by virtue of the fact she had been involved in supporting the application and, having regard to the perception of bias, left the meeting during the discussion and voting on this item.

 

The Planning Officer presented Planning Application No. SL/2018/0829 which sought permission for the siting of a welfare shelter and installation of a septic tank in part of OS Field 0005, off Green Lane, Flookburgh. He informed Members that the application was a re-submission of Planning Application No. SL/2018/0635 which had been refused under delegated powers. He displayed photographs and plans which outlined 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. The Planning Officer advised Members that the primary issues were the principle of the development in open countryside without strong operational justification of a farm enterprise.

 

Mr Kevin Thompson, the joint applicant, addressed the Committee. He explained that the application for a mobile welfare shelter was to provide appropriate care for his livestock which included high value horses which were currently kept at Lindale. The daily journey to and from Lindale, to care for the horses, resulted in travelling a total of 240 miles per week on busy, congested roads. He went on to explain that if the facility was provided on his own land this travelling could be avoided and the shelter would provide storage of supplies for the horses, added security and also onsite accommodation if required. He concluded his address by stating that a five year temporary approval would enable a review of the need in the future and he asked Members to approve the application based on its individual merits.

 

The Planning Officer answered questions raised by Members. Members gave consideration to the landscape impact, the lack of demonstrable need for the welfare shelter and the potential for setting a precedent for similar applications.

 

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

 

The building is of standard domestic outbuilding appearance and would cause harm to the character and appearance of the landscape without the strong operational justification of a farm enterprise.  In these circumstances the development would be contrary to the aims and objectives of saved Policy S23 of the South Lakeland Local Plan, Policy DM25 of the emerging Development Management Policies Development Plan Document and Policy CS8.2 of the South Lakeland Local Development Framework Core Strategy.

 

The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern with the proposal and discussing those with the applicant.  However, the issues are so fundamental to the proposal that it has not been possible to negotiate a satisfactory way forward and due to the harm which has been clearly identified within the reason for the refusal, approval has not been possible.

P/65

Planning Application No.SL/2018/0833 - Kendal - 31 Underley Road, Kendal pdf icon PDF 108 KB

To determine an application for a two-storey side extension.

Minutes:

Two storey side extension (Mr and Mrs Barber).

 

The Planning Officer presented Planning Application No. SL/2018/0833 which sought planning permission to erect a two storey side extension at 31 Underley Road, Kendal. He displayed plans and photographs which detailed the proposals and advised Members that the original proposal had been reduced in scale to lessen the impact on the neighbour to the west.

 

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, Drawing No. UND 01 07;

Proposed Site Plan, Drawing No. UND 01 06 A;

Proposed Plans & Elevations, Drawing No. UND 01 03 A; and

Sections, Drawing No. UND 01 08.

 

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

 

Condition (3)   The materials to be used in the construction of the external surfaces of the extension hereby permitted shall match those used in the existing building unless otherwise agreed in writing with the Local Planning Authority.

 

Reason:          To ensure the extension respects the design of the parent building in accordance with Policy CS8.10 of the South Lakeland Core Strategy and saved Policy S2 of the South Lakeland Local Plan.

 

Condition (4)   The car parking area shown on the approved site layout plan No. UND 01 06A shall be laid out and made available for use prior to the first occupation of the hereby approved development and shall thereafter be retained and maintained for the parking of motor vehicles.

 

Reason:          In the interests of local highway safety.

 

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.

P/66

A Report on Monthly Enforcement Activity pdf icon PDF 220 KB

To consider an update on planning enforcement activity between 1 October and 31 October 2018.

Minutes:

The Interim Development Management Team Leader introduced the Monthly Enforcement Report which outlined Enforcement Activity between 1 October and 31 October 2018. He advised Members that the applicant and agent for Monton, Cart Lane, Grange-over-Sands, had met with him and he was awaiting submission of further information. He stated that the Inspector’s appeal decision had left the door open for the applicant to comply with the decision and then to re-erect a dormer at the rear of the property. He confirmed that he would provide an up-to-date report at a future meeting of the Committee. The Interim Development Management Team Leader answered questions raised by Members and advised that he would provide an update to all Members in regard of Egton-with-Newland. In response to a query regarding Cowan Estate and Pennington, the Interim Development Management Team Leader undertook to provide a written response.

 

RESOLVED – That

 

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

 

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

P/67

Planning Performance and Appeals Update pdf icon PDF 184 KB

To consider an update on performance measures and recent appeals as at 20 November 2018.

Minutes:

The Planning and Performance and Appeals Update was presented by the Interim Development Management Team Leader and he highlighted the statistical performance of the Authority and the two year assessment period, which was set by the Government, and the risks associated with an 80% failure rate.

 

The Interim Development Management Team Leader and the Solicitor to the Council provided further clarity regarding the statistics. Members discussed the statistics and in response to a request to make the report clearer and presented in a more understandable format, the Interim Development Management Team Leader undertook to make revisions to the report.

 

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