Agenda and minutes

Planning Committee
Thursday, 27 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/11

Minutes pdf icon PDF 327 KB

To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 25 April 2019 (copy attached).

Minutes:

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting held on 25April 2019.

P/12

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:-

 

Councillors Judy Filmore and Janette Jenkinson declared non-pecuniary interests with regard to Minute No. P15 (Planning Application No.SL/2019/0146).

P/13

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/14

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/15 (Planning Application No. SL/2019/0146).

P/15

Planning Application SL/2019/0146 - Land at Booths, Oubas Hill, Ulverston pdf icon PDF 707 KB

To determine an application of a freestanding single storey restaurant with associated drive-thru, car parking, landscaping and associated works at Oubas Hill, Ulverston.

Additional documents:

Minutes:

Erection of freestanding single storey restaurant with associated drive-thru, car parking and landscaping and associated works, 2 customer order displays with associated canopies and play area (McDonald’s Restaurants Ltd)..

 

Note- Councillor Judy Filmore declared a non-pecuniary interest in this item by virtue of the fact that she was predetermined. Councillor Filmore addressed the Members in accordance with the Planning Committee’s Public Participation Scheme before leaving the meeting during  discussion and voting on the item.

 

Councillor Janette Jenkinson declared a non-pecuniary interest in this item by virtue of the fact that she was a member of Ulverston Town Council during initial discussions. She remained in the meeting during discussion and voting on the item.

 

The Planning Officer presented Planning Application No.SL/2019/0146 which sought permission to erect a single storey restaurant with an associated drive-thru. He referred to a site map to illustrate the location, displayed plans and photographs which outlined the proposals and he drew Members’ attention to the late representations which had been circulated prior to the meeting. The Planning Officer highlighted that within the late representations the applicant’s agent had outlined the proposed opening hours and that a suitable planning condition would be included in the decision notice, should approval be granted. He then moved on to outline the proposals for the single storey restaurant with a drive-thru element which included 30 parking spaces and a play area, on the brownfield site which was currently being used as a recycling centre in the car park of Booths supermarket.

 

The Planning Officer went on to explain that the key issues for consideration were the principle of the development; the impact on the town centre; the impact on amenity, design, scale and layout; highways safety and parking; air quality, noise and odour; impact on the environment and wildlife; and impact on drainage and flooding. The Planning Officer moved on to detail the assessment of the application. He informed Members that the site was within Ulverston’s development boundary and that sequential testing had been applied and that no suitable alternative sites had been identified. The site was well connected to the town centre and the proposal was acceptable in principle. He referred to the impact on visual amenity and highlighted specific details of the site which included the maximum height of the building at 5.7 metres, which was considered to relate acceptably to its surroundings. He explained that soft landscaping and external lighting would be controlled by planning conditions and he added that directional signage within the site had already been granted permission. Furthermore, the Planning Officer informed Members that due to concerns highlighted in representations regarding the impact on residential amenity, the delivery and opening times would be controlled by planning conditions and he went on to outline the distance of the application from the nearest residential dwellings. He stated that the proposal would not cause harm to local residential homes or businesses. The Planning Officer confirmed that Highways England had no objections to the proposal and he informed Members that  ...  view the full minutes text for item P/15

P/16

A Report on Monthly Enforcement Activity pdf icon PDF 219 KB

To consider an update on planning enforcement activity between 1 March and 30 April 2019.

Minutes:

The Enforcement Officer introduced the Monthly Enforcement Report which outlined enforcement activity between 1 March and 30 April 2019.

 

In response to a question regarding Monton, Cart Lane, Grange-over-Sands the Chairman proposed that the response to the question be dealt with, at the end of the agenda, prior to the close of the meeting and following the exclusion of the press and the public.

 

Further questions on 11/11a Market Street, Ulverston and Storth Ltd, Moss Lane, Burton in Kendal were answered by the Officer.

 

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/17

Planning Performance and Appeals Update pdf icon PDF 267 KB

To consider an update on performance measures and recent appeals as at 18 June 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 and responded to questions raised by Members.

 

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

 

Note – At this point in the proceedings Members voted to exclude the press and public in order to receive a verbal update from the Interim Development Management Team Leader with regard to development at Monton, Cart Lane, Grange-over-Sands.

P/18

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/19

A Report on Monthly Enforcement Activity

Minutes:

Further to P/16 above, the Interim Development Management Team Leader presented an update report on the unauthorised operational development at Monton, Cart Lane, Grange-over-Sands. 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 explained that the appellant continued to pursue permitted development rights and that Officers had advised him to submit a certificate of lawful development. The Interim Development Management Team Leader confirmed that the issue was ongoing.

 

Note – Following this verbal update, Members voted to re-admit the press and public.

P/20

Re-admission of Press and Public

Minutes:

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