Agenda and minutes

Planning Committee
Thursday, 6 June 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/1

Minutes pdf icon PDF 475 KB

To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 23 March 2019 (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 23 March 2019

P/2

Address to the Members from the Interim Lead Specialist - Legal, Governance and Democracy

Minutes:

The Interim Lead Specialist, Legal, Governance and Democracy addressed the Members of the Planning Committee and reminded them that they should only participate in Agenda Item No. 6 if they were of an open mind and that if they had been lobbied with influence they would need to declare an interest at item 2 of the agenda and leave the chamber when the item was being considered. She went on to explain that the application had been brought back to Committee following adoption, on 28 March 2019, of the Development Management Policies Development Plan Document (DMDPD) and that the changes to the Development Plan were material to the context in which the Planning Committee made its resolution. Furthermore the confidential appendix to the report contained legal advice regarding the application being brought before the Planning Committee for further consideration.

P/3

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 Susanne Long declared an interest with regard to Minute No. P/6 (Planning Application No. SL/2018/0925): and

 

Councillors John Holmes, Rupert Audland and Susanne Long with regard to Minute No P/7 (Planning Application No. SL/2019/0138)

P/4

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 should discussion be necessary, the legal advice in Part II of the agenda be dealt with following the exclusion of the press and public.

P/5

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/6 (Planning Application No. SL/2018/0925); and

 

(2)        Minute No. P/7 (Planning Application No. SL/2019/0138).

P/6

Planning Application No. SL/2018/0925 - Kendal Flood Risk Management Scheme, Kendal, Natland, Skelsmergh and Scalthwaiterigg, Helsington pdf icon PDF 2 MB

To consider the update report on the Kendal Flood Risk Management Scheme Update Report.

 

(Included for Members of the Committee Part II Appendix which sets out the legal position with regards to the matter.

 

Note – In accordance with Section 100B(2) of the Local Government Act 1972, copies of this report are excluded from inspection by members of the public as the report contains information as described in Schedule 12A of the Act, as amended by the Local Government (Access to Information) (Variation) Order 2006, as follows:-

 

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

Additional documents:

Minutes:

Note- Councillor Susanne Long declared a non-pecuniary interest in this item by virtue of the fact she was a Kendal Town Councillor. She stated that she had no bias toward the proposal and she remained in the meeting during discussion and voting on the item.

 

Kendal Flood Risk Management Scheme- Phase 1 Kendal Linear Defences, comprising works along the rivers Kent and Mint through Kendal including new & raised flood walls, new & raised flood embankments, ground raising, pumping station and associated changes to the public realm & landscaping. (Environment Agency)

 

The Interim Development Management Team Leader addressed the Committee and reminded them that, at its meeting on 21 March 2019, the Planning Committee had resolved to approve the application. However, following the adoption of the Development Management Policies Development Plan Document (DMDPD), on 28 March 2019, it was necessary for the Planning Committee to reconsider its resolution in light of this. He went on to inform Members that the previous objection from Sport England had been withdrawn after further discussions. Furthermore, following a number of representations, including that from the Victorian Society requesting that the Secretary of State call-in the decision, South Lakeland District Council had received a letter from the Ministry of Housing, Communities and Local Government which had confirmed that the Secretary of State had decided not to call-in the decision. In addition there were several new Members on the Planning Committee since the meeting of the Committee on 21 March 2019. Therefore, in light of events since March 2019, the updated report and the amended recommendation would be presented to the Planning Committee for further consideration.

 

The Planning Officer presented Planning Application No. SL/2018/0925, which sought permission for Kendal Flood Risk Management Scheme - Phase 1. The Planning Officer explained that for the new Committee Members he would summarise the report presented in March 2019 and he drew Members’ attention to the updated sections of the report which had been highlighted in red.

 

The Planning Officer stated that he would be making his presentation with the presumption that the report had been read, and that the presentation itself was intended to give a broad overview of the report for the Planning Committee. Throughout his presentation the Planning Officer displayed photographs, plans and visualisations.

 

He informed Members that the Planning Application covered Phase 1 of the Kendal Flood Risk Management Scheme which would reduce the flood risk from events with a minimum return period of 1 in 20 years. The benefits of the scheme were outlined to Members, with 227 homes, 71 businesses and 80 community facilities being removed from direct risk of flooding in a 1 in 20 year return period. With a further 253 homes and 40 businesses seeing their depth of flooding decrease in events with a 5% Annual Exceedance Probability. The Planning Officer highlighted that completion of Phase 1 in isolation, would cause a limited number of homes to see an increased risk in flood events however, the Environment Agency (EA) had confirmed that it  ...  view the full minutes text for item P/6

P/7

Planning Application SL/2019/0138 - Land to the west of High Sparrowmire and Kettlewell Road, Kendal pdf icon PDF 145 KB

To determine an application for an off-site surface storage basin to help reduce the extent of flooding experienced during times of extreme rainfall to the front of 102 and 104 Low Garth.

Minutes:

Note- Councillor Susanne Long declared a non-pecuniary interest in this item by virtue of the fact she had been a Member of Kendal Town Council Planning Committee and having regard to bias and/or predetermination, she left the meeting during discussion on the item.

 

Councillors John Holmes and Rupert Audland declared a non-pecuniary interest in this item by virtue of the fact they were SLDC Outside Body representatives on South Lakes Housing and having regard to bias and/or predetermination they left the meeting during discussion on the item.

 

Off-site surface storage basin to help reduce the extent of flooding experienced during times of extreme rainfall to the front of nos.102 and 104 Low Garth (South Lakes Housing)

 

The Planning Officer presented Planning Application No. SL/2019/0138 which sought permission to undertake earthworks to establish a water storage basin to intercept overland exceedance flows which currently passed through the garden of 15 High Sparrowmire, therefore ameliorating a known flood risk further to the southeast of the area around Nos. 102 and 104 Low Garth. He drew Members’ attention to errors within the report which referred to planning policies not relevant to the application. He referred to the site visit and displayed plans and photographs which detailed the proposal.

 

The Planning Officer highlighted the link between South Lakes Housing’s planning application for 26 dwellings on an allocated site and he stated that the decision on the surface water storage basin would influence the applicant’s approach to the proposed housing scheme. He went on to outline the proposals of the scheme which would involve a cut-and fill engineering operation to create a detention basin with a uniform depth of 400 mm. The land around the proposed basin would be altered and the excavated material would be used to form a low bund on the eastern and southern boundaries. The Planning Officer displayed plans which outlined the various sections of the proposed scheme and referred to the history of flooding on the Hallgarth Estate. Photographs were displayed which highlighted the surface water run-off from agricultural land, the penetration of the water through perimeter walls and where water pooled. He went on to make reference to the report from R.G. Parkins and Partners Ltd and highlighted the calculations within the report in relation to the total volumetric storage, the level of the proposed discharge pipe and assumptions regarding flow rates through the garden of 15 High Sparrowmire. The Planning Officer informed Members that 15 High Sparrowmire had suffered internal flooding in 2012 and 2015 and following the 2015 flooding, South Lakes Housing had undertaken remedial works within the curtilage. He went on to explain that on the occasions when the detention basin would fill with water it would be to a depth of no greater than 400mm and that the applicants were confident that the capacity of the basin would be sufficient to intercept all of the water flowing through 15 High Sparrowmire and in the event that the basin was overtopped 120m³ of water  ...  view the full minutes text for item P/7

P/8

Planning Application No. SL/2019/0207 - 27 Kirkstone Close, Kendal pdf icon PDF 115 KB

To determine an application for the construction of a two storey rear extension.

Additional documents:

Minutes:

Erection of a two storey rear extension (Mrs K Duffield).

 

The Planning Officer presented Planning Application No. SL/2019/0207 which sought permission for a two storey rear extension at 27 Kirkstone Close, Kendal. She referred to the site visit and displayed photographs and plans which outlined the proposals and drew Members’ attention to the late representations which had been circulated prior to the meeting and included a written representation from the applicant. The Planning Officer highlighted the key issues which were the design, scale, layout and impact on visual and residential amenity. The Planning Officer explained that the application had been referred to Planning Committee for consideration due to fact that the applicant was a member of SLDC staff, which was in line with the Council’s Constitution and the Scheme of Delegation. She went on to describe the location of the property, in the South of Kendal with the ASDA Superstore situated to the rear of the dwelling separated by a boundary fence and trees. The Planning Officer informed the Committee that the two storey semi-detached dwelling was situated on a staggered row, with the properties to the east sitting further north and the terrace properties to the west sitting further south. She went on to detail the proposal by stating that the two storey extension would feature on the northern elevation of the property, with the extension forming additional living space at ground floor level and a bedroom at first floor level.  Furthermore, the Planning Officer highlighted that the extension would project 4 metres from the rear elevation with a width of 3.04 metres and that the roof would have a dual pitched roof with a gable elevation to the rear. The Planning Officer outlined the impact on residential amenity and stated that the proposal would result in significant adverse effects on the residential amenity of the occupiers of 26 Kirkstone Close.

 

The Planning Officer then responded to questions raised by Members.

 

RESOLVED – That the application be refused.

P/9

A Report on Monthly Enforcement Activity pdf icon PDF 155 KB

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

Minutes:

The Enforcement Officer introduced the Monthly Enforcement Report which outlined enforcement activity between 1 February and 28 February 2019.

 

In response to a question regarding Monton, Cart Lane, Grange-over-Sands the Interim Development Management Team Leader provided an update. In addition he undertook to provide an update regarding 11/11a New Market Street.

 

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/10

Planning Performance and Appeals Update pdf icon PDF 271 KB

To consider an update on performance measures and recent appeals as at 28 May 2019.

Minutes:

The Planning Performance and Appeals Update was presented by the Interim Development Management Team Leader. He outlined the performance in the current quarter and the changes since the last meeting.

 

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