Agenda and minutes

Planning Committee
Thursday, 26 September 2019 10.00 a.m.

Venue: District Council Chamber, South Lakeland House, Kendal

Contact: Committee Services 

Items
No. Item

P/38

Minutes pdf icon PDF 340 KB

To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 29 August 2019 (copy attached).

Minutes:

RESOLVED – That Chairman be authorised to sign, as a correct record, the minutes of the meeting of the Committee held on 29 August 2019.

P/39

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 Janette Jenkinson and David Webster declared non-pecuniary interests with regard to Minute No. P42 (Planning Application No.SL/2019/0588); and

 

Councillor Gill Gardner declared a non-pecuniary interest with regard to Minute No. P/45 (Planning Application No. SL/2017/0732).

P/40

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/41

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/42 (Planning Application No. SL/2019/0588);

 

(2)        Minute No. P/43 (Planning Application No. SL/2019/0583);

 

(3)        Minute No. P/44 (Planning Application No. SL/2019/0615); and

 

(4)        Minute No. P/45 (Planning Application No. SL/2017/0732).

P/42

Planning Application No. SL/2019/0588 - Footway on north side of Oakwood Drive, opposite Hazel Tree Road, Ulverston pdf icon PDF 691 KB

To determine an application for the installation of a 17.5m high replica telegraph pole with 6no. antennas and 3no. radio equipment cabinets ancillary thereto.

Additional documents:

Minutes:

Installation of a 17.5m high replica telegraph pole with 6no. antennas and 3no. radio equipment cabinets ancillary thereto.

 

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

 

Councillor David Webster declared a non-pecuniary interest in this item by virtue of the fact he was a Member of Ulverston Town Council and had been lobbied in respect of the item but had had no involvement. He remained in the meeting during discussion and voting on the item.

 

The Interim Development Management Team Leader presented Planning Application No. SL/2019/0588 which sought full planning permission for the installation of a 17.5m tall slim line telecommunications monopole with associated ground level equipment cabinets. He displayed plans and photographs which outlined the proposals and referred to the site visit. The Interim Development Management Team Leader drew Members’ attention to the design of the mast which would replicate a telegraph pole with GRP textured dark brown wood-effect cladding with a series of internal antennae systems incorporated within the mast. He outlined the planning history of the application which included refusals, by the Planning Committee, in 2009 and 2017 and went on to explain that since the 2017 refusal the applicant had explored more than 13 alternative sites all of which had been discounted for technical or land ownership reasons. He explained that the design of the mast had been changed to reduce the visual impact and was the same as used in sensitive areas such as National Parks. He concluded his presentation by informing Members that the proposed development would not have an adverse impact on local visual amenity and was, on balance, considered to meet the requirements of policies CS8.10 and DMDPD DM2. The Chairman drew Members’ attention to the Late Representation from Ulverston Town Council, which had been circulated prior to the meeting, and the Interim Development Management Team Leader confirmed that the points raised within the Late Representation had been addressed within the report and did not raise further material planning consideration.

 

Mr Nicholas Knibbs, a local resident and Chairman of Croftlands Community Group, addressed the Committee. He began by emphasising the importance of democracy and outlined the decision made, by the Planning Committee in 2017, to reject the application. Mr Knibbs went on to explain that Ulverston Town Council had unanimously refused the plan on several occasions stating that it did not want the structure at the proposed location. He stated that in 2017 the community had felt it had won the struggle however, the victory was short lived as the applicant had claimed deemed consent, due to a deadline being missed, and work was scheduled to commence. Mr Knibbs informed the Committee that the community had fought long and hard to prove the deemed consent unlawful and in the end were proved correct and the applicant withdrew deemed consent.

 

Mr Knibbs stated  ...  view the full minutes text for item P/42

P/43

Planning Application No. SL/2019/0583 - Land Adjacent to the Knoll, School Road, Kirkby in Furness pdf icon PDF 425 KB

To determine an application for a two storey detached dwelling.

Minutes:

Erection of a two storey detached dwelling a land adjacent to The Knoll, School Road, Kirkby-in-Furness (Ms D Knowles).

 

The Interim Development Team Leader presented Planning Application No. SL/2019/0583 which sought permission for a two storey dwelling at the entrance to the northern end of Kirkby-in-Furness. He displayed photographs and plans which outlined the proposal and he explained that the site consisted of a bungalow ‘The Knoll’ with an extended garden, paddock and stabling. He informed Members that ‘The Knoll’ was within the settlement boundary however, the development site was situated outside the settlement boundary. The Interim Development Team Leader stated that the Local Plan Policy had allocated two residential allocations which were intended to meet the development needs for the settlement for the lifetime of the Local Plan without having to encroach beyond the defined settlement into the open countryside.

 

Mrs Donna Knowles, the applicant, addressed the Committee. She Informed Members that ‘The Knoll’ had been purchased in December 2018 on the understanding that there was pre-planning approval to build a house in the paddock. She went on to explain that she had lived in Kirkby-in-Furness since 2013 and her husband had lived and farmed locally all his life. Since their marriage in 2018, with their extended family needs, their current house was not large enough. Mrs Knowles went on to explain that they currently lived 300 yards away from the development site and although they were currently in a five-bedroomed house they had no off road parking or garage and the property was not energy efficient. She stated that the new carbon zero home would offer the family more space and her elderly father also planned to move from his home in Wigan into ‘The Knoll’, so he could be closer to the family. Mrs Knowles informed Members that she worked in Barrow-in-Furness and her husband worked in Broughton so Kirkby-in-Furness was the perfect location. She acknowledged that the development site was just outside the settlement boundary, however she stated that there was surprise within the village that the paddock was not within the settlement boundary. She went on to inform Members that the settlement boundary had split the title of the property in two with ‘The Knoll’, garage and stables within the settlement boundary and the garden, driveway and paddock just outside. Mrs Knowles concluded her address by asking the Committee to support the application which would allow her to build a family home to meet their needs.

 

Ms Kate Bellwood, the Applicant’s Agent, addressed the Committee. She stated that the Officer’s report was balanced and that the only objection to the proposed scheme was that the site sat outside the settlement boundary line. She went on to highlight that the plot looked to be part of the village and had an existing boundary that most people would consider to be the edge of the village. Ms Bellwood informed Members that opposite the site there was a large housing allocation which would extend the village beyond the  ...  view the full minutes text for item P/43

P/44

Planning Application No. SL/2019/0615 - Eden Lodge and House, Coast Road, Bardsea, Ulverston pdf icon PDF 413 KB

To determine an application for the retention of four wooden chalets used in connection with the main lawful use of the site for ancillary accommodation for the main house, a separate holiday let unit and manager’s accommodation.

Additional documents:

Minutes:

Retention of four wooden chalets used in conjunction with the main lawful use of the site for ancillary accommodation for the main house, a separate holiday let unit and manager’s accommodation (Mr E Liehr).

 

The Interim Development Management Team Leader addressed the Committee and informed Members that Planning Application No. SL/2019/0615 sought retrospective planning permission for the retention of two holiday lodges and two lodges for manager’s accommodation. He went on to advise Members that the Applicant’s Agent had requested that the application be deferred in order to give the Applicant the opportunity to address a number of the Officer’s comments within the report.

 

RESOLVED – That Planning Application No. SL/2019/0615 be deferred.

P/45

Planning Application No. SL/2017/0732 - Land south of Haggs Lane, Cartmel, Grange-over-Sands pdf icon PDF 266 KB

To determine an application for a residential development.

Additional documents:

Minutes:

Residential Development (Holbeck Homes (Cartmel) Ltd)

 

Note – Councillor Gill Gardner, by virtue of being predetermined and having regard to bias and/or predetermination, would leave the meeting during discussion and voting on the item.

 

The Interim Development Management Team Leader addressed the Planning Committee and outlined the historical context of Planning Application No. SL/2017/0732 which, in November 2017, had sought planning permission for 39 dwellings which included 14 affordable dwellings. The Planning Committee had resolved to grant planning permission subject to a S106 agreement relating to affordable housing and provision and maintenance of a surface water drainage scheme. However, the S106 agreement had never been completed.  He explained that Planning Application No. SL/2017/0732 had been brought back for consideration following submission, by the applicant, of a revised proposal which offered a reduction in affordable dwellings from 14 to 8. He went on to explain that a viability review had been completed by Lambert Smith Hampton (LSH) who had reached the conclusion that the scheme was capable of viably providing an affordable contribution of eight units, which represented a net loss of six affordable units in respect of the Council’s Core Strategy Policy expectation of 14 affordable units for the site.

 

The Interim Development Management Team Leader advised Members that the viability assessment had been published at Appendix 2 to the report and since its publication the Parish Council had raised an objection stating that it had not had sufficient time to consider the viability assessment. He went on to draw Members’ attention to the Late Representations which had been circulated prior to the meeting and highlighted the additional information regarding Policy DM11. He explained that Officers had concluded that they needed to give further consideration to Policy DM11, in particular regarding the advice note, which had been provided following the formal adoption of the Development Management Development Plan Document. The issue was whether the requirements for Policy DM11 should apply, given that it was adopted after the original application was granted planning permission. The Interim Development Management Team Leader advised Members that the Officer recommendation was to defer the application at this time.

 

Members felt that a decision on the application should be deferred at this time in order to provide Development Control the opportunity to clarify and provide further information regarding Policy DM11.

 

RESOLVED – That Planning Application SL/2017/0732 be deferred.

P/46

A Report on Monthly Enforcement Activity pdf icon PDF 202 KB

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

Minutes:

The Interim Development Management Team Leader introduced the Monthly Enforcement Report which outlined enforcement activity between 1 August and 31 August 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/47

Planning Performance and Appeals Update pdf icon PDF 279 KB

To consider an update on performance measures and recent appeals as at 17 September 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.