Agenda and draft minutes

Planning Committee
Thursday, 31 October 2019 10.00 a.m.

Venue: District Council Chamber, South Lakeland House, Kendal

Contact: Committee Services 

Items
No. Item

P/48

Minutes pdf icon PDF 386 KB

To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 26 September 2019.

Minutes:

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting of the Committee held on 26 September 2019.  

P/49

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:-

 

Councillor John Holmes declared a pecuniary interest and Councillor Brian Cooper declared a non-pecuniary interest with regards to Minutes No. P/52 (Planning Application No. SL/2019/0138); and P/53 (Planning Application No.SL/2018/0806);

 

Councillor Susanne Long declared a non-pecuniary interest with regard to Minute No. P/52 (Planning Application No. SL/2019/0138);

 

Councillor Gill Gardner declared a non-pecuniary interest with regard to Minute No. P/56 (Planning Application No. SL/2017/0732); and

 

Councillor Brian Cooper declared a non-pecuniary interest with regard to Minute No. P/55 (Planning Application No. SL/2019/0397).

P/50

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/51

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/52 (Planning Application No. SL/2019/0138);

 

(2)        Minute No. P/53 (Planning Application No. SL/2018/0806);

 

(3)        Minute No. P/54 (Planning Application No. SL/2019/0398);

 

(4)        Minute No. P/55 (Planning Application No. SL/2019/0397); and

 

(5)        Minute No. P/56 (Planning Application No. SL/2017/0732.

P/52

SL/2019/0138 - Land to the west of High Sparrowmire and Kettlewell Road. pdf icon PDF 8 MB

To determine an application for an off-site surface storage basin to help reduce the extent of flooding experienced during times of extreme rainfall to the front of 102 and 104 Low Garth.

Additional documents:

Minutes:

Off-site surface storage basin to help reduce the extent of flooding experienced during times of extreme rainfall to the front of nos. 102 and 104 Low Garth (South Lakes Housing).

 

Note – Councillor John Holmes declared a pecuniary interest in this item by virtue of the fact he was a Director of South Lakes Housing and left the meeting during the discussion on the item.

 

Councillor Brian Cooper by virtue of being pre-determined and having regard to bias and/or predetermination left the meeting during discussion on the item.

 

Councillor Susanne Long declared a non-pecuniary interest in this item by virtue of the fact she had been a member of Kendal Town Council Planning Committee and having regard for bias and/or predetermination, she left the meeting during discussion on the item.

 

The Planning Officer presented Planning Application No. SL/2019/0138 which sought permission to undertake earthworks to establish a surface water storage basin to intercept overland exceedance flows, ameliorating a known flood risk further to the southeast in the area around nos. 102 and 104 Low Garth. He informed Members that at the Planning Committee meeting on 6 June 2019, the application had been deferred in order to provide the applicant and Planning Officers the opportunity to reconsider the application and to provide more information regarding wider hydrological issues and to consider the application in a wider context. The Planning Officer displayed photographs and plans which outlined the proposals. He informed Members that representations submitted had highlighted concerns regarding: the smell; build-up of toxins from agricultural run-off; disease due to standing water; and the risk of drowning. He explained that since the application had been considered in June, the Council’s Public Protection Team had consulted with Public Health England and no objections had been raised. In addition the applicant had undertaken a formal risk assessment and the risk of drowning had been assessed as low.

 

The Planning Officer went on to explain that the Hallgarth Estate had a history of flooding and following a severe event in June 2012, Cumbria County Council, in its role as Lead Local Flood Authority, carried out a thorough investigation and published Flood Investigation Report No. 68 which had included eight recommendations, seven of which had been completed by the time the report was published in 2013. The outstanding recommendation, which asked residents to continue to report future flooding incidents, remained ongoing. The 2013 report had also identified three possible options to be considered further, which included: the potential for localised interventions such as a community wet woodland area; estate wide upgrade of the surface water infrastructure by United Utilities; and creation of a storage area upstream of High Sparrowmire.

 

The Planning Officer went on to outline the current position with regard to the three possible options and advised Members that despite seven of the eight recommendations from the 2013 report having been completed, there was still significant risk of flooding and that the proposed detention basin would ameliorate the risk. The Planning Officer highlighted the  ...  view the full minutes text for item P/52

P/53

SL/2018/0806 - Land at High Sparrowmire. pdf icon PDF 685 KB

To determine a hybrid application, for the erection of 24 affordable dwellings (Full Planning Application) and 1 dwelling (Outline) (amended Scheme).

Additional documents:

Minutes:

Hybrid application for the erection of 24 affordable dwellings (Full Planning Application) and 1 swelling (Outline) (amended Scheme) (South Lakes Housing).

 

Note – Councillor John Holmes declared a pecuniary interest in this item by virtue of the fact he was a Director of South Lakes Housing and left the meeting during discussion on the item.

 

Councillor Brian Cooper by virtue of being pre-determined and having regard to bias and/or predetermination left the meeting during discussion on the item.

 

The Chairman addressed the Committee and advised that as Members had voted to refuse the previous item, Planning Application No. SL/2019/0138, the Planning Officers had reconsidered the recommendation for Planning Application No. SL/2018/0806 and it was proposed to amend the recommendation for the application to refuse.

 

The Chairman went on to outline the link between both applications and explained that Application No. SL/2018/0806 proposed to address the existing surface water drainage issues on the Hallgarth Estate by taking advantage of the increased capacity released by an off-site detention basin as proposed by Planning Application No. SL/2019/0138. However, as Members had voted to refuse the application, the Chairman suggested that Members may be minded to defer Planning Application No. SL/2018/0806 until a suitable solution was found for Planning Application No. SL/2019/0138.

 

A motion to defer the application was proposed and seconded and it was

 

RESOLVED – That Planning Application No. SL/2018/0806 be deferred.

P/54

SL/2019/0398 - Land to the south of Underbarrow Road. pdf icon PDF 933 KB

To consider for an application for residential development of 84 dwellings with associated access, landscaping and drainage works.

Additional documents:

Minutes:

Residential development of 84 dwellings with associated access, landscaping and drainage works (Oakmere Homes (NW) Ltd).

 

The Planning Officer presented Planning Application No. SL/2019/0398 which sought permission for a residential development of 84 dwellings. He explained that the application was being presented to Committee as the proposal was not in accordance with the Local Plan, as it provided less than the 35% target of affordable housing. The Planning Officer displayed photographs and plans which outlined the proposals. He informed Members that the application offered an affordable housing provision of 17 dwellings which represented 20.2% of the proposed development. The Planning Officer drew Members’ attention to the planning history of the site and explained that the site had been subject to a previous planning application which had been refused in November 2016, the refusal had been appealed and the appeal dismissed by the Planning Inspector. The Planning Officer went on to explain that as a consequence of the Planning Inspector’s findings, the revised proposal showed a significant landscaped buffer, of variable width, across the majority of the western boundary which would soften the impact of the development. He highlighted the comments from Cumbria County Council’s Highways Department which included the requirement for improvements in footpath links into Kendal and that the applicant’s proposed speed limit changes were welcomed. The Planning Officer informed Members that Kendal Fell Quarry was opposite the proposed site and explained that the issue of contamination and noise from the quarry had been assessed. He informed Members that the proposal included the demolition of an existing dwelling The Ghyll and a field barn and the Conservation Officer had concluded that both buildings were not of sufficient quality to be identified as undesignated local heritage assets. In concluding his presentation the Planning Officer informed Members that the proposed scheme did not accord with Core Policy CS6.3 as it offered less than 35% affordable dwellings. However, Policy CS6.3 took into account viability and stated that ‘a lower affordable housing requirement would be acceptable where there was clear evidence that it would make the development unviable’. The applicant had submitted a viability report to demonstrate why the full requirement of affordable housing could not be achieved and this had been assessed by Lambert Smith Hampton.

 

The Chairman drew Members’ attention to the Late Representation, which had been circulated prior to the meeting, in particular the updates to the conditions.

 

Councillor Giles Archibald, Leader of the Council and Ward Member for Kendal Town, addressed the Committee in opposition to the application. He informed Members that he lived close to the proposed application site and outlined concerns regarding arsenic contamination and hazardous waste on the proposed site and traffic congestion on Glebe Road. He went on to outline the Council’s policy on affordable housing provision and stated that he would be supportive of the application if it offered 35% affordable housing but at just over 20% the Council should not accept the proposal. Councillor Archibald, on concluding his address, left the chamber.

 

Kate  ...  view the full minutes text for item P/54

P/55

SL/2019/0397 - Land east of A65 and north of Sepulchre Lane Summerlands. pdf icon PDF 579 KB

To determine an application for the installation of a natural burial ground for up to 4000 urn burial plots, access, car parking and office/maintenance storage building with associated infrastructure and ancillary facilities.

Additional documents:

Minutes:

Installation of a natural burial ground for up to 4000 burial plots, access and car parking and office/maintenance storage building with associated infrastructure and ancillary facilities (Revised Scheme SL/2019/0145) (Mr Stephen Brown (Inspired Meadows Ltd).

 

The Planning Officer presented Planning Application No. SL2019/0397 which sought full planning permission for a natural burial ground, to accommodate 4000 urns, with a new access, car parking and an officer/maintenance building. The Planning Officer referred to the site visit and displayed photographs and plans which outlined the proposals. He highlighted the picnic and community area and informed Members that the proposed car park would be laid out in gravel and would accommodate in the region of 36 cars. The Planning Officer explained that the principal of a natural burial ground was acceptable and the proposed development, which required a countryside location, was in accordance with policy CS1.2 which acknowledged that certain types of development may be permitted in the open countryside where it has an essential need to be in a rural location. In addition the one of the objectives of the core strategy was to ensure that sufficient burial space was available to the community in the future. The Planning Officer went on to outline the proposed opening hours, which would be limited to two burials per day during weekday daylight hours, which had been reflected in an amendment to condition 13. The Planning Officer concluded his presentation by informing Members that when the burial site was full, in an anticipated 12 to 18 years, the land would transfer back to pasture land.

 

Mr Michael Green, Mr Paul Rogers and Mr Oliver Waters, residents of Summerlands, addressed the Committee in opposition to the application. They highlighted the current parking issues at Beetham crematorium and that the Officer’s report did not reflect the true sense of feeling of Preston Richard Parish Council regarding lack of parking spaces and access onto the A65. They expressed further concern regarding road safety and access arrangements and the volume of traffic and visitors on days such as Mother’s Day and Christmas Day. In addition the speed of traffic using the A65 and the increase in traffic from the proposal and the forthcoming housing development would exacerbate the situation. They felt the application was a nice idea in the wrong location and challenged the need by reminding Members of Dalton Burial ground which was less than eight miles away. They urged Members to refuse the application.

 

The Planning Officer responded to concerns raised during public participation and to questions raised by Members. He confirmed that no funeral services would be held on the site and in addition a site manager would be available to manage car parking when the grounds were open. The site would have shallow paths which would be accessible to all visitors. He drew Members attention to the pond at the centre of the site which would be of benefit to the landscape and increase the bio-diversity within the site. He clarified the restricted opening hours  ...  view the full minutes text for item P/55

P/56

SL/2017/0732 - Land South of Haggs Lane Cartmel. pdf icon PDF 522 KB

To consider an application for the development of 39 dwellings on land south of Haggs Lane, Haggs Lane, Cartmel.

Additional documents:

Minutes:

Residential Development (Holbeck Homes (Cartmel) Ltd).

 

The Planning Officer presented Planning Application No. SL/2017/0732 which sought permission for the development of 39 no. dwellings on land South of Haggs Lane, Haggs Lane, Cartmel. He informed Members that the application had been presented to the Planning Committee in November 2017 and was approved, subject to the completion of a S106 agreement relating to affordable housing. However, the S106 agreement had never been signed. The Planning Officer displayed photographs and plans which outlined the proposal. He advised Members that the applicant had submitted a revised application which proposed less affordable housing due to increased costs in developing the site. The revised proposal reduced the number of affordable dwellings from 14 to eight. The Planning Officer went on to explain that Policy CS6.3 allowed for a reduced contribution of affordable housing if supported by viability evidence. He went on to outline two additional material considerations which required assessment: the listing of Cartmel Quaker Meeting House; and the adoption, in March 2019, of Policy DM11 (accessible and adaptable homes). The Planning Officer confirmed that the proposed development would not cause harm to the listed Quaker Meeting House and went on to explain that the applicant had stated that they could achieve 53% compliance of Policy DM11 with 19 out of 36 dwellings achieving internal compliance. This shortfall in compliance was considered to be justifiable and the Planning Officer reminded Members that the Planning Committee had approved the application in October 2017 before the adoption of Policy DM11 stated that the applicant had attempted to comply.

 

Councillor Giles Archibald, Leader of the Council and Ward Member for Kendal Town, addressed the Committee in opposition to the application. He informed Members that he was concerned that allowing developments with less than 35% affordable housing would set a precedent and he urged Members to challenge viability studies and he stated that it was his strongly held view that Members should object if a development offered less than 35% affordable housing.

 

Mr Graham Love, the applicant’s agent, addressed the Committee in support of the application. He highlighted that the applicant was ready to commence building and anticipated delivery of 39 houses by 2021. He outlined the viability of the scheme stated that overall the proposed scheme offered affordable homes and part compliance with Policy DM11 and he urged Members to support the application.

 

The Chairman invited Matt Messenger, Planning Viability Consultant, Lambert Smith Hampton, to address the Committee. Mr Messenger explained to Members that adopted Core Strategy Policies CS6.2 and CS6.3 provided an applicant, affected by abnormal costs, with the opportunity submit a viability assessment. He went on inform Members that the proposed scheme had abnormal costs of £25,000 per unit.

 

The Planning Officer responded to questions raised by Members.

 

Members gave consideration to the original proposal which had offered 35% affordable housing and to the abnormal costs of the revised scheme. They considered the housing needs in the area of Cartmel and were  ...  view the full minutes text for item P/56

P/57

A Report on Monthly Enforcement Activity pdf icon PDF 164 KB

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

Minutes:

The Enforcement Officer introduced the Monthly Enforcement Report which outlined the enforcement activity between 1 September 2019 and 30 September 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/58

Planning Performance and Appeals Update pdf icon PDF 280 KB

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