Agenda and minutes

Planning Committee
Monday, 4 March 2019 10.06 a.m.

Venue: District Council Chamber, South Lakeland House, Kendal. View directions

Contact: Committee Services 

Note: Registration to speak deadline is 0.01am (one minute past midnight) on Thursday 28.02.19. Note items 10 and 15 have been withdrawn from the Agenda 

Items
No. Item

P/91

Address to Members from the Solicitor

Minutes:

The Solicitor addressed the Members of the Planning Committee and informed them that one of the applications on the agenda had generated considerable interest and political comment. Members were reminded that they should only participate in the agenda item 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 3 of the agenda and leave the chamber when the item was being considered.

P/92

Minutes pdf icon PDF 400 KB

To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 7 February 2019.

Minutes:

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting held on 7 February 2019.

P/93

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 Councillors Pete McSweeney and David Khan declared an interest with regard to Minute No. P/99 (Planning Application No. SL/2018/0253).

P/94

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/95

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/97 (Planning Application No. SL/2018/1032);

 

(2)        Minute No. P/98 (Planning Application No. SL/2015/1026); and

 

(3)        Minute No. P/99 (Planning Application No. SL/2018/0253).

P/96

Planning Application No. BE/2019/0001 - Kendal - 10 Old Lound, Kendal pdf icon PDF 106 KB

To determine an application for a single storey rear extension.

Minutes:

Prior approval for the erection of a single storey rear extension (Miss D Leather).

 

The Interim Development Management Team Leader presented Planning Application No. BE/2019/0001 which sought planning permission for prior approval for the erection of a single storey rear extension extending 3.6 metres beyond the rear wall of the original dwelling with a maximum height of 2.6 metres. He displayed plans which detailed the proposals and advised Members that the proposed extension met the required criteria and constituted permitted development.

 

RESOLVED – That the application be approved.

P/97

Planning Application No. SL/2018/1032 - Kendal - Land adjacent to the north side of Natland Mill Beck Lane pdf icon PDF 582 KB

To determine an application for the erection of 26 dwellings including vehicular and pedestrian access.

Additional documents:

Minutes:

Erection of 26 residential dwellings including vehicular and pedestrian access (Oakmere Homes).

 

The Planning Officer presented Planning Application No. SL/2018/1032 which sought permission for the erection of 26 residential dwellings on open land including vehicular and pedestrian access. He referred to the site visit and displayed plans and photographs which detailed the proposal. Members’ attention was drawn to the late representation which had been circulated prior to the meeting and which clarified that in total there had been 196 representations received and not 50 as stated in the report.

 

The Planning Officer explained that a further written late representation had been submitted by Councillor Matt Severn and he read the content to the Committee as follows:

 

Natland Mill Beck field is an important open area that enhances biodiversity in an area choked by carbon emissions from nearby busy roads. It is an important 'soak' and flood plain for any effects of groundwater, rain or river flooding. It has a water source running through it, in the event of another storm like 2015 any houses built there would be at high risk of flooding, and also increase the risk of neighbour’s properties flooding. It is not in keeping with local area. It commands no support from nearby residents. Any vehicular access from Natland Road, over an old narrow bridge and down narrow roads past old houses with no pavement and no double glazing, would be deeply inappropriate, intrusive and also unsafe. It should be refused’.

 

Mr Andrew Thomas, a local resident and, on behalf of a number of local residents, addressed the Committee. He informed Members that he and local residents believed that the application was a totally inappropriate development in a greenfield open site and that similar plans had been turned down twice before. He went on to state that there were strong and material planning reasons why the application should be refused. He highlighted road traffic danger and concerns regarding the inadequacy of the access along Natland Mill Beck Lane, which was currently a virtually traffic free country lane, and stated that there was scepticism regarding the estimated increase in traffic movement on the lane and he outlined a more realistic estimate based on new households having two cars. Mr Thomas went on to highlight concerns regarding the effect on the environment and on the visual appearance of the area which included the historic boundary between Kendal and Natland, the lane, the farmhouse, the mill leat and the listed canal bridge. He informed Members that running a lighted footpath through amenity open space, cutting a new section of road through the field and a building a new footbridge across the beck along with a clutter of road signs, would urbanise the historic area and have a serious and detrimental impact on the area’s visual appearance. He went on to explain that Kendal Town Council’s Local Level Landscape Character Assessment 2011 specified the site as an area of medium/high sensitivity with its function being access; pasture; biodiversity; visual  ...  view the full minutes text for item P/97

P/98

Planning Application No. SL/2015/1026 - Kirkby Lonsdale - Land off Pitt Lane, High Biggins pdf icon PDF 96 KB

To determine an application for the erection of six affordable dwellings.

Additional documents:

Minutes:

Erection of six affordable dwellings (Mr David Ireland).

 

The Planning Officer presented Planning Application No. SL/2015/1026 which sought full planning permission for six affordable dwellings at the western edge of High Biggins. He advised Members that the application had been presented to the Planning Committee in April 2018 and had been approved by Members, subject to the completion of a Section 106 Agreement to secure the delivery of the affordable housing. He explained that the application had been brought back to Planning Committee as further representations had been received in objection to the increase in the site area and the proposed drainage solution. The Planning Officer displayed plans and photographs which outlined the proposals and he informed Members that the further objections received had highlighted concerns regarding the effect of the development on the borehole, the route of the surface water pipe and the design of the surface water soakaway system and holding tanks. He went on to explain that the Lead Local Flood Authority considered that an infiltration method of disposal was achievable, however the applicant had only provided limited information on the proposed storage facility. The Planning Officer went on to advise Members that legal advice in regard of the borehole had been sought and this was a private issue between the applicant and the borehole owner. He concluded his presentation by reiterating to Members that the borehole was a private matter, the method of drainage was acceptable with the exception of the holding tanks, which would be covered by amended Condition 3, which would also condition surface water management and the disposal of sewage.

 

Mr David Welsh, a local resident and representing a number of local residents, addressed the Committee and displayed photographs. He stated that he was very concerned about the disruption of the water available to a borehole which supplied 11 dwellings in High Biggins. He explained that the surface water currently fell on a field which sloped towards and fed the borehole and that the field was the application site. Mr Welsh informed Members that he purchased his home in 1996 and took on the responsibility to supply 10 other houses in the hamlet of High Biggins, this was a non-profit enterprise which had been registered with the Inland Revenue.  He went on to explain that the water was quality tested annually and it had never failed. Mr Welsh informed Members that South Lakeland District Council (SLDC) reported that they had sought legal advice in respect of the water supply and the borehole and the advice received was that it was a private civil matter between the affected parties. He explained that he had also taken advice and had received contrary information which advised him that SLDC were facilitating the development by granting permission to develop and as a consequence bore a full duty of responsibility. Mr Welsh went on to highlight the issue regarding the removal of surface water which had resulted in a proposal for a drainage culvert under Pitt Lane and  ...  view the full minutes text for item P/98

P/99

Planning Application No. SL/2018/0253 - Beetham - Beetham Holiday Homes pdf icon PDF 210 KB

To determine an application for the siting of 20 static holiday units to replace 20 touring pitches.

Minutes:

Siting of 20 static holiday units to replace 20 touring pitches (Mr C Russell (Westmorland Caravans (Beetham)) Ltd).

 

Note – Councillor Pete McSweeney declared a non-pecuniary interest in this item by virtue of the fact he was the Vice-Chairman of the Arnside and Silverdale Area of Outstanding Natural Beauty Executive Committee. Having regard to the perception of bias and/or predetermination, he left the meeting during discussion and voting on the item.

 

Councillor Dave Khan declared a non-pecuniary interest by virtue of the fact the applicant was known to him. He remained in the meeting during discussion and voting on the item.

 

The Vice-Chairman, Councillor Eric Morrell, took the chair for this item.

 

The Planning Officer presented Planning Application No. SL/2018/0253 which sought permission to replace 20 touring caravan pitches, located on a field within the park and surrounded by existing static caravans, with 20 static caravan pitches located within three parcels of managed woodland clearings. She made reference to the site visit and displayed plans and photographs which detailed the proposals. The Planning Officer informed Members that the proposal was being brought before them for transparency and openness in light of the emerging Arnside & Silverdale Area of Outstanding Beauty (AONB) Development Plan Document (DPD) which was close to adoption. She went on to advise Members that it had come to light that the design of the units did not meet the definition of a twin unit caravan under the Caravan Sites Act 1968, as the height of some of the bespoke units measured up to four metres. It was recommended that an additional condition be imposed which would ensure the design met the definition of a twin unit caravan and that written approval be required prior to the commencement of the development. In addition a further two conditions were recommended which included the submission of a construction methodology for the units and submission of a Woodland Management Plan. The Planning Officer read out the late representation which had been received from South Lakeland District Council’s Revenues and Benefits Service Manager. The representation outlined that in regard to business rates and council tax financial benefits to the Local Authority, the scheme would be fairly cost neutral. She explained that The Planning Officer outlined the proposals and provided details of the design and materials of the bespoke units, the use of piles as an alternative to solid bases and she highlighted the constraints of the site which included a Limestone Pavement Order. She concluded by highlighting the key issues which applied to the application which were: the principle of replacing 20 touring caravan pitches with 20 static caravan pitches; the impact on the landscape of the area and on the Arnside & Silverdale AONB; and the biodiversity and geodiversity impact.

 

Lucy Barron, Manager of the Arnside & Silverdale AONB Partnership, addressed the Committee and stated that she was objecting to the proposal. She explained that there was a long established principle that a further static caravan development would be harmful to the  ...  view the full minutes text for item P/99

P/100

Planning Application No. SL/2018/1014 - Lupton - Tarnside, Jubilee Lane pdf icon PDF 102 KB

To determine an application for alterations and extensions to an existing builders store to form a live/work unit (re-submission of SL/2018/0197).

Minutes:

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

P/101

Annual Report - Residential Monitoring for the period 1 April 2017 to 31 March 2018 pdf icon PDF 139 KB

To consider a report which updates the Committee on the position regarding residential permissions and completions for the District outside the National Parks for the year to 31 March 2018 and the five year housing land supply position as at 31 March 2018.

Additional documents:

Minutes:

The Senior Policy Officer introduced the Annual Report for Residential Monitoring for the period 1 April 2017 to 31 March 2018. The report updated the Planning Committee on recent housing delivery in the district outside the National Parks. The Senior Policy Officer summarised key figures within the report and provided clarity with regard to the affordable housing figure.

 

RESOLVED – That the contents of the report be noted.

P/102

Annual review of the Council's Constitution pdf icon PDF 259 KB

To consider the proposed changes to the Council’s Constitution in respect of planning related matters, prior to consideration by Full Council as part of the Annual Review of the Constitution.

Additional documents:

Minutes:

The Solicitor to the Council introduced the Annual Review of the Constitution report and explained that as part of the annual review there were a number of proposed changes in respect of planning related matters. The Solicitor to the Council highlighted the appendices to the report and explained that the proposed changes at Appendix 2 would ensure that delegations would be effective and had taken into account the changes in roles and responsibilities following the Customer Connect transition and the implementation of the new structure. She outlined further proposed changes and informed Members that the Public Participation in Planning Scheme had been updated in April 2018, however, there had been a review of effectiveness and further clarity was required regarding the period of time allotted to anyone wishing to speak at Committee, in particular to what constituted a group.

 

RESOLVED – That the proposed changes to the Constitution be recommended to Full Council for approval.

P/103

A Report on Monthly Enforcement Activity pdf icon PDF 226 KB

To consider an update on planning enforcement activity between 1 January and 31 January 2019.

Minutes:

The Enforcement Officer introduced the Monthly Enforcement Report which outlined enforcement activity between 1 January and 31 January 2019.

 

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/104

Planning Performance and Appeals Update pdf icon PDF 264 KB

To consider an update on performance measures and recent appeals as at 22 February 2019.

Minutes:

The Planning 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.

 

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

P/105

Monton, Cart Lane, Grange-over-Sands - update report pdf icon PDF 115 KB

To consider the update report on the unauthorised operational development at Monton, Cart Lane, Grange-over-Sands.

Additional documents:

Minutes:

This item was withdrawn prior to the commencement of the meeting for consideration at a future meeting.