Agenda and draft minutes

Planning Committee
Thursday, 25 April 2019 10.00 a.m.

Venue: Boardroom, Lake District National Park Authority, Murley Moss, Oxenholme Road, Kendal, LA9 7RL

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/112

Minutes pdf icon PDF 454 KB

To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 4 March 2019 (copy attached).

Minutes:

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting held on 4 March 2019.

P/113

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)        Councillor Janette Jenkinson with regard to Minute No. P116 (Planning Application No. SL/2018/0845); and

 

(2)        Councillor Brian Cooper with regard to Minute No. P117 (Planning Application No. SL/2018/0902) and Minute No. P122 (Legal Advice Regarding Unauthorised Operational Development at Monton, Cart Lane, Grange-over-Sands).

P/114

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

P/115

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 Minute No. P/116 (Planning Application No. SL/2018/0845).

P/116

Planning Application No. SL/2018/0845 - Pennington - Land at Carley Lane, Ulverston pdf icon PDF 389 KB

To determine an application for the erection of one dwelling.

Additional documents:

Minutes:

Erection of one dwelling on land adjacent to Low Carley Lodge, Carley Lane, Ulverston (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 permission for the erection of one dwelling. He referred to the meeting of 7 February 2019 when the Committee resolved to defer the outline planning application for two dwellings on the site, to enable the applicant to submit a revised application for a single dwelling house. The Planning Officer referred to the previous site visit and displayed plans and photographs which detailed the revised proposal. 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 Members that she addressed them today to reiterate the key points of the revised application. She explained that the applicant and his family were local and lived in Ulverston and that their current house was too small for their growing family and the applicant wished to build a family home close to his parents, whose health was in decline. Ms Bellwood went on to outline the location of the proposed dormer bungalow on the revised plan and explained that the location of the dwelling was indicative and the applicant would be happy to have it orientated as the Planning Officer suggested. Ms Bellwood reminded Members that the application had been under consideration since 2018 and following the deferral in February, both she and the applicant had understood that the revised application had been delegated to Officers for approval and they had both been disappointed that they had to wait two and a half months for the revised application to come back to Committee. Ms Bellwood concluded her address by stating that the need for self-build remained and that the defensible boundaries of the application would stop further development in three directions and would not set an undesirable precedent for further development. She asked Members to support a local family who wanted to build a home in their local community close to family and friends.

 

In further presenting his report, the Planning Officer advised Members that at the meeting of Full Council on 28 March 2019 the new Development Management Policies Development Plan Document had been formally adopted. He went on to explain that the previous infill and rounding off policies had been superseded by policy DM13 and by way of clarification he stated that the site had never represented infilling or rounding off. The Interim Development Management Team Leader advised Members that the new policy set out five criteria and that Self Build Policy DM12 no longer referred to infill and he cross-referenced Policy DM13 and summarised the five criteria of the policy as outlined in the Planning Report.

 

In response to a query raised by a  ...  view the full minutes text for item P/116

P/117

Planning Application No. SL/2018/0902 - Burton-in-Kendal - Land within Clawthorpe Business Park, Clawthorpe pdf icon PDF 298 KB

To determine an application for the construction of a new worship/meeting hall.

Additional documents:

Minutes:

Construction of a new worship/meeting hall, Clawthorpe Hall Business Centre, Burton in Kendal (Mr Whiley).

 

Note Councillor Brian Cooper declared a non-pecuniary interest in this item by virtue of the fact the landlord was known to him. He remained in the meeting during discussion and voting on the item.

 

The Planning Officer presented Planning Application No. SL/2018/0902 which sought permission for the erection of a new single storey building at Clawthorpe Hall Business Centre which would be Use Class D1. She informed Members that the site was within an existing employment site which was restricted to Use Class B1a under the South Lakeland Land Allocation Development Document Policy LA1.5, and went on to highlight that the proposed use within the building would be a church hall/meeting room and included new parking and improvements.

 

The Planning Officer displayed plans and photographs which outlined the proposed development and Members’ attention was drawn to the late representations which had been circulated prior to the meeting. She stated that the key issues for consideration were the principle of the application and whether the loss of the employment area would be acceptable and if it was justified within the scope of the Local Plan Policies and whether the proposed Use Class was acceptable within the site.

 

The Planning Officer went on to inform Members that the owner of the site had struggled, since 2014, to rent out the vacant units on the site under Use Class B1a and it had been suggested that the lack of take up was due to the site being suitable for employment or that there was no need for the size of units.

 

In concluding her presentation the Planning Officer drew Members attention to the proposed hard and soft landscaping and improvements to the entrance to the business park with a clear separation of incoming and outgoing traffic and works that would reconfigure and improve the junction layout, all of which would create a better image of the business centre.

 

Members agreed that the site visit had been informative and agreed that the proposed application would tidy up and finish the area.

 

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:

Location plan L3551 010 Rev A

Proposed floor plans and elevations L3551 022 Rev A

Proposed junction amendment & swept path analysis K32455/A1/01

Proposed site plan L3551 021 Rev B

 

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

 

Condition (3)   The development shall not proceed except in accordance with the mitigation strategy described in the ECOLOGY APPRAISAL prepared by ENVIROTECH and deposited with the Local  ...  view the full minutes text for item P/117

P/118

Planning Application No. SL/2019/0148 - Lupton - Land opposite Meadowside, Cow Brow pdf icon PDF 245 KB

To determine an application for two dwellings.

Minutes:

This application was withdrawn prior to the commencement of the meeting.

P/119

A Report on Monthly Enforcement Activity pdf icon PDF 155 KB

To consider an update on planning enforcement activity between 1 February and 28 February 2019.

Minutes:

The Interim Development Management Team Leader introduced the Monthly Enforcement Report which outlined enforcement activity between 1 February and 28 February 2019.

 

In response to a query regarding 11/11a New Market Street the Interim Development Management Team Leader undertook to 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/120

Planning Performance and Appeals Update pdf icon PDF 267 KB

To consider an update on performance measures and recent appeals as at 12 April 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 a significant improvement in planning performance since the last quarter in particular the speed of decision-making which was in excess of Government Targets. However, the quality of decisions relating to major applications, as assessed through the appeal process, was significantly lower than it should be. The Interim Development Management Team Leader outlined the consequences, should the trend continue, of the authority retaining its powers to determine

 

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

P/121

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 paragraphs indicated.

P/122

Legal Advice Regarding Unauthorised Operational Development at Monton, Cart Lane, Grange-Over-Sands

To consider the legal advice and recommendation.

Minutes:

Note – Councillor Brian Cooper declared a non-pecuniary interest in this item by virtue of the fact the applicant was known to him. Having regard to the perception of bias and/or predetermination, he left the meeting during discussion on the item.

 

At this point in the proceedings Councillor Gill Gardner declared a non-pecuniary interest in this item by virtue of the fact that the applicant was known to her and he was also the Chair of her Parish Council and having regard to bias and/or predetermination, she left the meeting during discussion on the item.

 

Note – The Committee voted to adjourn for a break at 11.11 a.m. and reconvened at 11.16 a.m. when the same Members, with the exception of Councillors Cooper and Gardner, were present.

 

The Interim Development Management Team Leader presented an update report on the unauthorised operational development at Monton, Cart Lane, Grange-over-Sands. He summarised the background and historical context of the development and he displayed photographs which detailed the unauthorised development. He reminded Members that the enforcement notice had been complied with in full and the dormer had been removed and the roof tiles reinstated. He went on to inform Members that during a meeting held on 6 February 2019, with the appellant and his advisors, a number of scenarios had been tabled by the appellant and consequently Counsel’s opinion had been sought. The Interim Development Management Team Leader drew Members’ attention to the conclusions as outlined in the report and Appendix 2 to the report which outlined Counsel’s opinion.

 

RESOLVED – That

 

(1)        the report be noted; and

 

(2)        the proposals contained within paragraph 8.4 of the report be endorsed.

P/123

Re-Admission of Press and Public

Minutes:

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

 

The Chairman, Councillor Pete McSweeney, took the opportunity to thank Councillors Rees and Williams for their contribution to the Planning Committee.

 

Councillor McSweeney also thanked Anthea Lowe, the Solicitor to the Council, who was leaving at the end of May, for her support of the Planning Committee and stated that she would be missed.