Agenda and draft minutes

Planning Committee
Thursday, 7 February 2019 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/81

Minutes pdf icon PDF 321 KB

To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 9 January 2019.

Minutes:

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting held on 9 January 2019.

P/82

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 Janette Jenkinson declared an interest with regard to Minute No. P/86 (Planning Application No. SL/2018/0845).

P/83

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/84

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/85 (Planning Application No. SL/2018/0144);

 

(2)        Minute No. P/86 (Planning Application No. SL/2018/0845); and

 

(3)        Minute No. P/87 (Planning Application No. SL/2018/0884).

P/85

Planning Application No.SL/2018/0144 - Grange-over-Sands - Former Graythwaite Manor Hotel, Fernhill Road, Grange-over-Sands pdf icon PDF 284 KB

To determine an application for the conversion of the existing (original) Graythwaite Manor Hotel building to provide four apartments, part/full demolition of existing buildings and structures, and the erection of 13 new apartments and 15 new dwellings with associated landscaping, car parking and access.

Minutes:

Conversion of the existing (original) Graythwaite Manor Hotel building to provide four apartments, part/full demolition of existing buildings and structures, and the erection of 13 new apartments and 15 new dwellings with associated landscaping, car parking and access (Mr Ian Shorrock – Blackmores (D) Ltd).

 

The Interim Development Management Team Leader presented Planning Application No. SL/2018/0144 which sought planning permission for the conversion and part demolition/reconstruction of the existing hotel building to comprise 17 apartments and the erection of fifteen new-build dwellings with associated landscaping, car parking and access (32 dwellings in total). He referred to the site visit and displayed plans and photographs which detailed the proposal. Members’ attention was drawn to the recommendation within the report and the Interim Development Management Team Leader advised Members that the completion of the Section 106 planning obligation was with regard to the provision of affordable housing only, as landscaping and the surface water drainage scheme would be conditioned. He went on to inform Members that the primary issues were the principle of a residential development on a site which was located outside of the defined Development Boundary of Grange-over-Sands and was contrary to the requirements of the Land Allocation Development Plan Document and Grange-over-Sands Neighbourhood Plan. However, the proposals were, on balance, considered to represent sustainable development and would deliver social, economic and environmental benefits to the community. The Interim Development Management Team Leader advised Members that the provision of affordable housing was at 15.65% and that a financial viability assessment had been submitted which justified the provision of the reduced level.

 

Mrs Valerie Kennedy, a local resident, addressed the Committee on behalf of a number of residents and informed Members that there were eight planning reasons why the application should be refused: she stated that Graythwaite Manor was outside the development boundary as defined in South Lakeland District Council’s Local Plan and the Grange-over-Sands Neighbourhood Plan; documents supporting SLDC’s Local Plan had identified the site as an Important Open Space that helped sustain the character of Grange-over-Sand’s Conservation Area 2; the Grange-over-Sands’ allocated development sites were selected to meet the area’s housing needs until 2025; there was no housing need reason to justify 32 dwellings; there was no supporting evidence that the site would be viable with 15% affordable housing; no evidence had been provided to show that Graythwaite Manor Hotel could not be run as a successful business; the existing flash flooding on the site would be exacerbated; and important historical features such as the road archway and badger statue needed to be retained. Mrs Kennedy went on to explain that when the Graythwaite Manor site had been identified as Important Open Space, the site had deliberately been placed outside the Grange-over-Sands development boundary. In addition there was no reason to build an additional 32 dwellings outside the boundary when building on the allocated land was already ahead of schedule. Mrs Kennedy informed Members that Grange-over-Sands had a glut of houses on the market, with 180 being currently  ...  view the full minutes text for item P/85

P/86

Planning Application No.SL/2018/0845 - Pennington - Land at Carley Lane, Ulverston pdf icon PDF 130 KB

To determine an application for the erection of two dwellings.

Additional documents:

Minutes:

Erection of two dwellings on land west of Carley Lane, Ulverston (Mr Oliver Prosser).

 

Note – Councillor Janette Jenkinson declared a non-pecuniary interest in this item by virtue of the fact the applicant’s father was known to her. She remained in the meeting during discussion and voting on the item.

 

The Planning Officer presented Planning Application No. SL/2018/0845 which sought outline planning permission for the erection of two dwellings, with all matters reserved, on land west of Carley Lane, Ulverston. He referred to the site visit and showed photographs and plans which outlined the proposals. He drew Members’ attention to the late representation which had been circulated prior to the meeting and which included a letter from the applicant and an extract from Pennington Parish Council Minutes. The Planning Officer explained that the principle issues were the principle of the development, the open countryside location and the emergent Development Management Policies and their relevance to the site.

 

Mr Nick Petrie, a local resident, addressed the Committee on behalf of a group of local residents and explained that the group was opposed to the planning application. He informed the Committee that the land in question was in the open countryside and that there was a very strong view, amongst the group, against the unnecessary development of open countryside and that this type of land should not be used until the existing supply of appropriate land was exhausted. Mr Petrie went on to state that granting such an application would set a dangerous precedent. He highlighted that the report to the Committee had objectively considered the application in accordance with planning law, the development plan and relevant policies and local residents had noted that there was a clear recommendation for refusal. He went on to explain that he had been asked, by those he was representing, to highlight concerns regarding privacy and homes being overlooked; road safety and concerns regarding a new open driveway, increased traffic and parking on a lane which had no pavement for pedestrians; and the impact on carbon absorption methods. He concluded his address by stating that as residents they must be able to trust their local Council to respect the protection of open countryside and to adhere to their own defined housing plan.

 

Mr Oliver Prosser, the applicant, addressed the Committee. He stated that he was not a developer and wanted to self-build a home suitable for his growing family. He went on to explain that he and his family had lived in a three bedroomed bungalow in Ulverston for the past 13 years. However, the family had outgrown the property and with no room to extend, there was no option but to move. He informed the Committee that he was employed as a full time and on-call fire fighter at Ulverston Fire Station and his fiancé was a Staff Nurse at Furness General Hospital, they were both on relatively low wages and had no sign of a pay rise in the foreseeable future. In addition, due  ...  view the full minutes text for item P/86

P/87

Planning Application No.SL/2018/0884 - Aldingham - The Copper Dog, Leece, Ulverston pdf icon PDF 140 KB

To determine an application for the demolition of the former Copper Dog and the erection of four detached dwellings.

Minutes:

Demolition of the former Copper Dog and the erection of four detached dwellings (Mr A Groves, Leece Homes Ltd).

 

The Planning Officer presented Planning Application No. SL/2018/0884 which sought planning permission for four dwellings at the former Copper Dog, Leece. He displayed photographs and plans which outlined the proposals and referred to the site visit. He informed Members that the site had a complicated planning history, there had been a number of previous applications for the site and an appeal. The applicant had worked with the Planning Officers on this revised and final scheme.

 

Mr David Staniland, the applicant’s agent, addressed the Committee and informed them that the former Copper Dog public house had struggled since 2008 and been vacant since mid-2013 and not operated in any capacity for the last six years. The application had been accompanied by a Market Commentary, prepared by Mr Roger Walker of Gerald Eve Property Consultants, which concluded that it was very unlikely that the property had any viable future as a licensed public house. Mr Staniland highlighted that demolition approval was granted in 2017 and that the proposal before Members had been subject to extensive pre-application discussions with Planning Officers. He explained that there had been two previous refusals and an appeal dismissal on the site and that the applicant and the agent’s technical team had worked with Planning Officers to overcome all previous reasons for refusal. He concluded his address by informing Members that the development footprint had been significantly reduced, as had the size, scale and number of the proposed dwellings and he respectfully requested that Members support the Officers’ recommendation to approve the scheme.

 

The Planning Officer responded to questions raised by Members of the Committee. Members gave consideration to the proximity of the frontage of proposed development to the road, to the contemporary design of the proposal and agreed it was a high quality scheme.

 

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

 

Condition (1)   The development hereby permitted shall be commenced before the expiration of THREE YEARS from the date hereof.

 

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 001 – Received 01/11/2018

1:200 scale      Site plan as existing    Dwg No 003 – Received 01/11/2018

1:200 scale      Site plan as existing    Dwg No 003 – Received 01/11/2018

1:200 scale      Site plan as proposed Dwg No 006 – Received 0/11/2018

1:200 scale      Floor plans as proposedDwg No 007 – Received 01/11/2018

1:200 scale      Elevations & sections  Dwg No 008 – Received 01/11/2018

1:200 scale      Elevations & sections  Dwg No 009 – Received 01/11/2018

1:200 scale      Elevations & sections  Dwg No 010 – Received 01/11/2018

 

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

 

Condition (3)   Notwithstanding the material  ...  view the full minutes text for item P/87

P/88

A Report on Monthly Enforcement Activity pdf icon PDF 115 KB

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

Minutes:

The Enforcement Officer introduced the Monthly Enforcement Report which outlined Enforcement Activity between 1 December and 31 December 2018. The Enforcement Officer and Interim Development Management Team Leader answered questions raised by Members. In response to a query regarding 11/11a New Market Street the Enforcement Officer undertook to write, at the request of the Planning Committee, to Ulverston Town Council and provide an update.

 

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/89

Planning Performance and Appeals Update pdf icon PDF 189 KB

To consider an update on the performance measures and recent appeals as at 29 January 2019.

Minutes:

The Planning and Performance and Appeals Update was presented by the Interim Development Management Team Leader. He informed Members that there had been no change since the last meeting.

 

During consideration of the item a question was raised with regard to the appropriateness of the Council’s Planning Committee considering and determining any forthcoming Listed Building Consent in relation to the proposals for Kendal Town Hall. The Interim Development Management Team Leader undertook to provide clarification on the matter.

 

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

P/90

2019/20 to 2023/24 Draft Budget pdf icon PDF 90 KB

To consider the latest draft budget estimates for planning services for 2019/20 – 2023/24.

Additional documents:

Minutes:

The Financial Services Manager presented a report which gave the Planning Committee the opportunity to consider the draft budget estimates and funding available to deliver their services for the financial years 2019/20 to 2023/24 and outlined the consultation process for the draft budget prior to its submission to Council as part of the final budget report. The Financial Services Manager and Solicitor to the Council responded to questions raised by Members.

 

RESOLVED – That the latest draft estimates be noted prior to their submission to Council for approval as part of the overall Draft Revenue Budget 2019/20 to 2023/24.