Agenda and minutes

Planning Committee
Thursday, 21 March 2019 9.30 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/106

Address to the Members from the Solicitor to the Council

Minutes:

The Solicitor to the Council addressed the Members of the Planning Committee and informed them that the Planning Application on the agenda had generated considerable public interest and a significant number of representations had been received. 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 2 of the agenda and leave the chamber when the item was being considered.

P/107

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 Gill Gardner and Janette Jenkinson declared an interest with regard to Minute No. P/110 (Monton, Cart Lane, Grange-over-Sands).

P/108

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/109

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/110 (Monton, Cart Lane, Grange-over-Sands); and

 

(2)        Minute No. P/111 (Planning Application No. SL/2018/0925).

P/110

Monton, Cart Lane, Grange-Over-Sands - Update Report pdf icon PDF 227 KB

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

Minutes:

Note – 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.

 

Councillor Janette Jenkinson declared a non-pecuniary interest by virtue of the fact she had sat on a committee with the applicant. She confirmed she had an open mind regarding the matter and remained in the meeting during discussion on the item.

 

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 reminded Members that an enforcement notice had been served by the authority in August 2017 and had been subject to an appeal which was unsuccessful. He explained that the Planning Inspector’s decision upheld the enforcement notice and the appellant was granted six months in which to comply with the enforcement notice in full. The Interim Development Management Team Leader advised Members that the Enforcement Officer had visited the site the previous day and that the dormer had been removed and the roof tiles reinstated. He went on to inform Members that the owners of Monton had previously confirmed their intention to comply with the requirements of the enforcement notice in full before the due date and they had also advised that, having sought their own professional advice, they considered that their permitted development rights would be reinstated and it was their intention to construct a dormer extension to the roof in the future. Local residents had disputed that permitted development rights would be reinstated and the Interim Development Management Team Leader stated that further advice had been sought from Counsel and a further report would be brought before the Planning Committee at a future meeting.

 

Kate Bellwood addressed the Committee and explained she was speaking as a planning professional and on behalf of a number of local residents. She stated that she and local residents were pleased that the dormer was to be removed and thanked Members for their support. She went on to explain that there was a fault in the report as it did not set out the true position and she believed that the dormer could not be rebuilt without planning permission. She highlighted that regulations stated that a dormer was only permitted development when the original eaves were maintained or reinstated and the Planning Inspector had clearly ruled that the eaves had been raised and therefore permitted development was not applicable. Ms Bellwood stated that the regulations were black and white and she highlighted the need to establish how the eaves would be reinstated and also the need to provide proof of the original height of the eaves. She went on to explain that to be permitted development, the dormer would have to match the existing house appearance and that the applicant’s  ...  view the full minutes text for item P/110

P/111

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

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

Additional documents:

Minutes:

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

 

The Planning Officer presented Planning Application No. SL/2018/0925 which sought permission for Kendal Flood Risk Management Scheme – Phase 1. Members’ attention was drawn to the late representations which had been circulated prior to the meeting and the Planning Officer informed Members that further late representations had been submitted from Kendal BID Board and Kendal Civic Society. He summarised the representation from Kendal BID Board and confirmed that both documents would be circulated to Members. The Planning Officer explained that the content and summary of the late representations required their consideration. He went on to inform Members that he had been copied into four letters which requested that the Secretary of State call-in the application for determination. The Planning Officer explained the implications of the call-in procedure and offered brief responses to the key points raised by those who had made the request. He rejected the suggestion that the planning application had been rushed to meet the European Regional Development Fund (ERDF) funding deadline; he explained that the application had been dealt with in accordance with statutory deadlines and procedures and the appropriate publicity and consultation had been undertaken. He clarified the context of various responses from Historic England which he considered had been misrepresented in the submission to the Secretary of State and he did not agree with the suggestions that the applicant’s Environmental Statement was inadequate and he directed Members to the content of the update for the Committee. In respect of the call-in request he rejected suggestions that the proposal was of national significance.

 

The Planning Officer explained that he was taking the committee report as read and that the purpose of his presentation was to use photographs, plans and visualisations to describe the scheme and explain the key planning considerations. He stressed however, that the presentation would inevitably not be able to cover all of the application detail and should not be regarded as a substitute for the report.

 

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. He outlined the benefits of the scheme and informed Members that Phase 1 would remove 227 homes, 71 businesses and 80 community facilities from the direct risk of flooding up to a 1 in 20 year return period. The Planning Officer highlighted that completion of Phase 1 in isolation would cause an increased risk to a limited number of properties and stated that the  Environment Agency (EA) had made it clear that it would be working with the owners of those properties to reduce the risk. He referred to ground and surface water drainage and  ...  view the full minutes text for item P/111