Agenda and minutes

Planning Committee
Thursday, 29 August 2019 10.00 a.m.

Venue: District Council Chamber, South Lakeland House, Kendal

Contact: Committee Services 

Items
No. Item

P/21

Minutes pdf icon PDF 434 KB

To authorise the Chairman to sign, as a correct record, the minutes of the meetings of the Committee held on 6 June 2019 and 29 June 2019 (copies attached).

Additional documents:

Minutes:

RESOLVED – That Chairman be authorised to sign, as a correct record, the minutes of the meetings of the Committee held on the 6 June 2019 and the 27 June 2019.

P/22

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 Councillor Dave Khan declared a pecuniary interest in Minute No. P/26 (Planning Application No. SL/2019/0446) and Minute No. P/27 (Planning Application No. SL/2019/0495).

P/23

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/24

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/25 (Planning Application No. SL/2019/0261); and

 

(2)        Minute No. P/26 (Planning Application No. SL/2019/0405).

P/25

Planning Application No. SL/2019/0261 - Land at Kirkby Lonsdale RUFC pdf icon PDF 598 KB

To determine an application for change of use of land to a camping site from 1 May to 1 September each year.

Additional documents:

Minutes:

Change of use of land to camping site from 1 May to September each year (Kirkby Lonsdale RUFC).

 

The Planning Officer presented Planning Application No. SL/2018/0261 which sought permission to regularise the use of two areas of the grounds for camping, during the period 1 May to 1 September each year. He drew Members’ attention to late representations which had been circulated prior to the meeting.

 

The Planning Officer displayed a series of plans and photographs which outlined the proposals and drew Members’ attention to photographs which had been submitted by Mrs Taylor, a local resident. The photographs illustrated unauthorised use of the site for camping, which had raised a number of concerns from locals including the access route to the site, which had been the main source of public opposition to the proposal. He referred to a map of the proposed site and highlighted the areas that would contain the camping and caravanning facilities. He outlined the application as a 30 acre site to the north of Kirkby Lonsdale, accessible via the B6254 and Raygarth. He highlighted the one way access for visitors to the site and used a further aerial photograph to illustrate this. He went on to outline the two proposed sites which would create 126 pitches across two proposed sites labelled Area A and Area B and he highlighted the boundary with the Yorkshire Dales National Park (YDNPA) which ran parallel to the Rugby Club’s boundary and which had a dense area of mature trees.

 

The Planning Officer informed Members of the current unauthorised use of the site for camping at Kirkby Lonsdale RUFC, which were purported to have been undertaken as permitted development over the past two seasons. This was highlighted by photographs taken over the bank holiday weekend by a local resident, which showed that the extent of the camping across the site had spilled over the allocated boundaries on to the club pitches. The Planning Officer informed Members that the Rugby Club had explained that this had been a Camping and Caravanning Club meeting which had been within their permitted development rights. The Planning Officer referred to further photographs which showed a Heavy Goods Vehicle on the access route to the site, along the B6254, in addition to a large vehicle towing a caravan, which further illustrated the access issues. He reminded Members that during the site visit they had also witnessed access issues along Fairbank and Raygarth which was particularly narrow due to lengths of parked cars. The Planning Officer went on to highlight a proposed planning condition which would permit the Planning Department to closely monitor the use of the site and work with Kirkby Lonsdale RUFC to assess the impact of all of the activities across the site and production of a travel plan to help limit these impacts.

 

The Planning Officer informed Members that the Local Highway Authority, Countryside Access Officer, the Lead Local Flood Authority and Sport England had no objections to the proposal. Yorkshire Dales National  ...  view the full minutes text for item P/25

P/26

Planning Application No. SL/2019/0405 - Land between Morningside and Beech Cottage, Tanpits Lane, Burton in Kendal pdf icon PDF 548 KB

To determine an application for outline planning permission for a single dwelling.

Minutes:

Self-build single dwelling at Land between Morningside and Beech Cottage, Tanpits Lane, Burton in Kendal (Mr and Mrs J Morphet)

 

The Interim Development Management Team Leader presented Planning Application No.SL/2019/0405 which sought outline planning permission for a detached dwelling on the edge of Burton in Kendal. He displayed plans and photographs which outlined the proposals and referred to the site visit. He informed Members that the site was in the open countryside and sat outside the development boundary and was therefore contrary to Policy LA1.1 of the Land Allocations Development Plan Document (DPD). The Interim Development Management Team Leader informed Members that the proposal was for a self-build dwelling which was not located within a settlement and was not affordable and was therefore contrary to the Council’s Development Management Policies DM12 and DM14. In addition, the proposed long access onto Station Road would be harmful to the rural character of the area with the loss of pastureland and the hedgerow on the site boundary.

 

James Morphet, the applicant, addressed the Planning Committee. He informed Members that he and his wife had lived in the area for twenty years and had two children who both attended school locally. Mr Morphet highlighted safety concerns in relation to speeding traffic through the village, which impacted on his children walking into the village to play with friends and also to the local bus stop to catch the bus to school. He expressed strong emotion in informing the Committee of the community and charity work that he and his wife had undertaken within the local community and beyond. Mr Morphet informed the Committee that his current home was a bungalow which his family had outgrown in recent years and highlighted his desire to extend the bungalow or to buy a larger family home, but explained that these options were no longer feasible. He also suggested that it may be inappropriate to extend the bungalow as true bungalows were in short supply in the local area and could suit a retired couple or a family wishing to downsize. In conclusion, Mr Morphet informed Members that the plot of land had been within the current land boundary and that he believed that it would provide his family with the opportunity to build a larger, more affordable and efficient family home with safer access into the village.

 

Kate Bellwood, the applicant’s agent, addressed the Planning Committee. She began by stressing that the application was what the self-build policy aimed to support and explained that the policy did not require the site to be infill or rounding off. She outlined the siting of the proposed dwelling and stated that it would not result in the loss of views to the countryside or extend into the countryside more than existing housing and it would not lead to further development. Ms Bellwood informed Members that on three occasions pre-application advice had indicated that the principle of housing was acceptable. Ms Bellwood acknowledged that the site was outside of existing settlement  ...  view the full minutes text for item P/26

P/27

Planning Application No. SL/2019/0446 - The Pastures Lodge Park, Templand Lane, Allithwaite, Grange-over-Sands pdf icon PDF 365 KB

To determine an application for the siting of four camping pods, laying of stone for a drive/parking and connection to existing waste water treatment plant.

Minutes:

Four camping pods at The Pastures Lodge Park, Templand Lane, Allithwaite, Grange-over-Sands (Mr and Mrs Andrew Cotter).

 

Councillor Dave Khan declared a pecuniary interest in this item by virtue of the fact that he was a Director of Woodset Ltd which ran the application site and having regard to bias and/or predetermination he left the meeting during discussion on the item.

 

The Interim Development Management Team Leader presented Planning Application No. SL/2019/0446 which sought permission for four camping pods on the edge of Pastures Lodge Park near Allithwaite. He displayed plans and photographs which outlined the proposals and he provided dimensions and details of the pods, which had a length of 6.7 metres and a curved roof with a ridge height of 2.8 metres and included a single bedroom, bathroom, living area and small kitchenette. Furthermore he highlighted external details of the pods which included stained timber feathered edged boarding and he informed Members that the design of the base of the pods avoided a permanent footprint and would ensure that the ground could be easily reinstated.

 

RESOLVED – That Planning Application SL2019/0446 be approved subject to the following conditions:

 

Condition (1)   The development hereby permitted shall be commenced before the expiration of THREE YEARS from the date hereof.

 

Reason            To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

Condition (2)   The development hereby permitted shall be carried out in accordance with the following approved plans: Location Plan 01A, Site Plan as Existing 02, Site Plan as Proposed 03, Lune Valley Pods- Micro Lodge Layout 4, Exhibit A and Exhibit B. 

 

Reason            For the avoidance of doubt and in the interests of proper planning.

 

Condition (3)   Before the camping pods are first occupied the pods shall be connected to the waste water treatment plant and access track shall be laid out and both shall be retained thereafter.

 

Reason            In order to provide sufficient drainage and an acceptable access

 

Condition (4)   Before development commences a detailed landscaping scheme along the western boundary of the site shall be submitted and approved by the Local Planning Authority. The approved landscaping scheme shall be implemented in the next planting season and shall be retained thereafter.

 

Reason            In order to provide the site with an adequate screen and in accordance with Policy DM18 of the Council’s Development Management Policies. 

 

Condition (5)   The camping pods shall not be used other than as holiday accommodation. They shall not be used as a sole or principal residence by any occupants.

Reason            To safeguard the local tourist economy in accordance with Policy DM18 of the Council’s Development Management Policies.

                       

P & P Statement

 

In the exercise of its judgement in determining the appropriate balance of considerations, the Local Planning Authority has acted positively and proactively in determining this application proposal, taking into account all material considerations. Material considerations include planning policies and any representations that may have been  ...  view the full minutes text for item P/27

P/28

Planning Application No. SL/2019/0495 - The Pastures Lodge Park, Templand Lane, Allithwaite, Grange-over-Sands pdf icon PDF 377 KB

To determine an application for the siting of one holiday lodge with hardstanding for parking and foul water drainage connection.

Minutes:

Single holiday lodge, the Pastures Lodge Park, Templand Lane, Allithwaite, Grange-over-Sands (Mr and Mrs Andrew Cotter).

 

Councillor Dave Khan declared a pecuniary interest in this item by virtue of the fact that he was a Director of Woodset Ltd which ran the application site and having regard to bias and/or predetermination he left the meeting during discussion on the item.

 

The Interim Development Management Team Leader presented Planning Application No. SL/2019/0495 which sought permission for a holiday lodge with hard standing for parking and a foul water drainage connection. He displayed plans and photographs which outlined the proposals. The Interim Development Management Team Leader informed Members that the proposal met with all the criteria within Policy DM18 and highlighted key points such as the access drive and connection to the foul water drainage system. He referred to representations which raised concerns regarding the visibility of the lodge on the skyline and to residents of Birkby and stated that with the existing vegetation and a landscaping scheme it was considered that the proposal would not be visible and would not be harmful to the rural character of the area.

 

RESOLVED – That the Planning Application SL/2019/0495 be approved subject to the following conditions:-

 

Condition (1)   The development hereby permitted shall be commenced before the expiration of THREE YEARS from the date hereof.

 

Reason            To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

Condition (2)   The development hereby permitted shall be carried out in accordance with the following approved plans:

Location Plan 01A,

Existing site plan 02,

Proposed site plan 03,

Standard Glen Mhor Lodge Rev A,

Proposed decking plan 04 and

Exhibit A;

all received on 18 June 2019.   

 

Reason            For the avoidance of doubt and in the interests of proper planning.

 

Condition (3)   Before the lodge is first occupied the lodge shall be connected to the foul water drainage system and the access track shall be laid out.  Both shall be retained thereafter.

 

Reason            In order to provide sufficient drainage and an acceptable access.

 

Condition (4)   Before development commences a detailed landscaping scheme along the boundaries of the site shall be submitted and approved by the Local Planning Authority.  The approved landscaping scheme shall be implemented in the next planting season and shall be retained thereafter.

 

Reason            In order to provide the site with an adequate screen and in accordance with Policy DM18 of the Council’s Development Management Policies Development Management Plan. 

 

Condition (5)   The lodge shall not be occupied other than as holiday accommodation.  It shall not be used at any time as a sole and principal residence by any occupants.

 

Reason            To safeguard the local tourist economy in accordance with Policy CS7.6 of the South Lakeland Core Strategy.

 

Condition (6)   The owner / operator of the caravan site known as 'The Pastures' as outlined on the Site Location Plan, shall maintain an up-to-date register of the names  ...  view the full minutes text for item P/28

P/29

Planning Application No. SL/2019/0549 - 2 Ash Grove, Kendal pdf icon PDF 559 KB

To determine an application for the demolition of a garage and erection of a single storey rear extension.

Minutes:

Demolition of garage and erection of single storey rear extension at 2 Ash Grove, Kendal (Mrs P Severn).

 

The Interim Development Management Team Leader presented Planning Application No. SL/2019/0549 which sought permission for the demolition of a single garage and the erection of a single storey rear extension. He displayed plans and photographs which outlined the proposals. He informed Members that the extension would be flat roofed and form additional living accommodation. The scale and design of the proposal was acceptable and did not adversely affect visual and neighbour amenities of surrounding properties.

 

RESOLVED – That the Planning Application SL/2019/0549 be approved subject to the following conditions:-

 

Condition (1)   The development hereby permitted shall be commenced before the expiration of THREE YEARS from the date hereof.

 

Reason            To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

Condition (2)   The development hereby permitted shall be carried out in accordance with the following approved plans:

Location Plan, Drawing No. 536-004

Block Plan, Drawing No. 536-104

Proposed Ground Floor Plan, Drawing No. 536-101A

Elevations, Drawing No. 536-103A.

 

Reason            For the avoidance of doubt and in the interests of proper planning.

                       

P & P Statement                    

 

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

P/30

Planning Application No. SL/2019/0603 - 9 Castle Dale, Kendal pdf icon PDF 650 KB

To determine an application for a single storey rear extension with garage attached.

Minutes:

Single storey rear extension with garage attached, at 9 Castle Dale, Kendal (Mr and Mrs C Atkinson).

 

The Interim Development Management Team Leader presented Planning Application No. SL/2019/0603 which sought permission for the erection of a single storey rear extension with an attached garage. He displayed plans and photographs which outlined the proposals. He informed Members that the scale and design of the proposal was acceptable and did not adversely affect visual and neighbour amenities of surrounding properties. 

 

RESOLVED – That the Planning Application SL/2019/0603 be approved subject to the following conditions:-

 

Condition (1)   The development hereby permitted shall be commenced before the expiration of THREE YEARS from the date hereof.

 

Reason            To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

Condition (2)   The development hereby permitted shall be carried out in accordance with the following approved plans:

Proposed Extensions at No. 9 Castle Dale, Drawing No. A1.CA.07.19

 

Reason            For the avoidance of doubt and in the interests of proper planning.

                       

P & P Statement                    

 

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

P/31

Outcome of Planning Appeal - Planning Application No. SL/2017/0687 - Kirkby Moor Wind Farm, Kirkby Moor and Lowick High Common pdf icon PDF 905 KB

To receive an update report regarding the Inspector’s appeal decision following the Public Inquiry held in February 2019.

Additional documents:

Minutes:

Variation of condition no 6 attached to planning permission 5/90/2312 (erection of 15 wind turbines and construction of access ways) to vary the temporary time condition to allow retention of turbines until 31 March 2027, followed by one year to carry out decommissioning works Outcome of the Planning Appeal Decision (Zephyr Investments Ltd).

 

The Planning Officer presented an update on the inspector’s appeal decision regarding Planning Application No. SL/2017/0687 Kirkby Moor Wind Farm, Kirkby Moor and Lowick High Common. He informed Members that the Inspector’s decision had been based on the interpretation of footnote 49 of the National Planning Policy Framework (NPPF) which stated that wind energy development would only be acceptable if was in an area identified as suitable for wind energy in the local development plan and it had the backing of the local community, except for applications for the repowering of existing wind turbines. He explained that the appellant had made the policy argument that the proposed extension of life was a ‘repowering’ application. The Planning Officer informed Members that the inspector had accepted the industry definition of repowering and had been convinced by the appellant’s argument that in the wind industry repowering was an ‘umbrella’ term which covered replacement, replanting and extension of life. He informed Members that the appeal had been the first relating to the retention of a windfarm and the outcome would set an interesting precedent to other windfarms approaching ‘end of life’.

 

The Planning Officer informed Members that the opposition group ‘Kirkby Moor Protectors’ had been in contact with South Lakeland District Council (SLDC) to advise that they were considering challenging the inspector’s decision by way of requesting a Judicial Review.

 

The Planning Officer responded to questions raised by Members. He emphasised that repowering could be interpreted in a number of ways, aside from the definition that the inspector had taken, which included replacement blades or a new, more efficient, turbine and generator. The Planning Officer clarified that there had been no obligation to replace the turbines within the accepted definition of repowering and suggested that in theory, turbines could be in operation long after the twenty-five year agreement, providing that they had been properly maintained. He added that the inspector had been very fair in his assessment across the board and he informed Members that an award of costs against SLDC had been refused.

 

Note – During consideration of the item, Members voted to move into Part II in order to discuss Legal and Financial information.

P/32

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 Paragraphs indicated.

P/33

Outcome of Planning Appeal - Planning Application No. SL/2017/0687 Kirkby Moor Wind Farm, Kirkby Moor and Lowick High Common

Minutes:

Discussion continued on Legal and Financial elements.

 

Note – Following this discussion, Members voted to move back into Part I.

P/34

Re-Admission of the Press and Public

Minutes:

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

P/35

Outcome of Planning Appeal - Planning Application No. SL/2017/0687 Kirkby Moor Wind Farm, Kirkby Moor and Lowick High Common

Minutes:

RESOLVED – That

 

(1)        the contents of the report be noted; and

 

(2)        subject to the clarification of a point raised under P/33 above, the matter of reviewing the decision be delegated to the Interim Development Control Team Leader and the Legal, Governance and Democracy Lead Specialist in consultation with the Chairman.

P/36

A Report on Monthly Enforcement Activity pdf icon PDF 257 KB

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

Minutes:

The Interim Development Management Team Leader introduced the Monthly Enforcement Report which outlined enforcement activity between 1 May and 31 July 2019. He informed Members that the number of cases had been reducing steadily over the current quarter.

 

The Chairman took the opportunity to highlight the reduction in the number of enforcement cases from 300 to under 170 and he thanked Officers for their continued efforts.

 

The Planning Enforcement Officer responded to questions from Members and confirmed that a number of reports of unauthorised advertising had been received and outlined SLDC’s responsibility in dealing with such cases.

 

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/37

Planning Performance and Appeals Update pdf icon PDF 279 KB

To consider an update on performance measures and recent appeals as at 19 August 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 he undertook to provide an update at a future meeting regarding outcome of the Natland Mill Beck Lane appeal.  

 

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