Agenda and minutes

Agenda and minutes

Planning Committee
Tuesday, 27th March, 2012 10.00 am

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

Contact: Janine Jenkinson 

Items
No. Item

P/96

MINUTES pdf icon PDF 55 KB

To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 28 February 2012 (copy attached).

Minutes:

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting of the Committee held on 28 February 2012.

P/97

DECLARATIONS OF INTEREST

To receive declarations by Members of personal and prejudicial interests in respect of items on this Agenda.

 

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:-

 

(1)  Councillor Brain Cooper – Minute P/102 (Planning Application No. SL/2011/0936);

(2)  Councillor Joss Curwen – Minute P/102 (Planning Application No. SL/2012/0003);

(3)  Councillor Mary Orr – Minute P/100 (Planning Application No.SL/2011/0647) and (Planning Application No.SL/2011/1033)

(4)  Councillor Mary Wilson – Minute P/100 Planning Application No.SL/2011/1034);and

(5)  Solicitor to the Council, Matthew Neal – Minute P/100 (Planning Application No.SL/2011/0647).

 

P/98

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 were no items in Part ll of the Agenda.

P/99

PLANNING APPLICATIONS

Minutes:

The Chairman advised the Committee that the National Planning Policy Framework, which set out the Government’s planning policies for England and how theses were expected to be applied was due to be published at 12.30 p.m. on 27 March 2012 and would apply with immediate effect.  Therefore, it was advised that all the decisions made during the meeting be delegated to the Interim Corporate Director (Communities) to ensure that the decisions made were made in-line with the requirements of the new Policy Framework.

 

The Development Management Group Manager submitted a Schedule of Planning Applications and his recommendations thereon.

 

RESOLVED – That

 

(1)  The applications be determined as indicated below (the numbers denoted the Schedule numbers of the application);

 

(2)  Except where stated below, the applications be subject to the relevant conditions and advice notes, as outlined in the Schedule; and

 

(3)  Except where stated below, the reasons for refusal be those as outlined in the Schedule.

 

P/100

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 before the commencement of 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 Democratic and Electoral Services Manager on 01539 717440.

 

(1)       Planning Applications

 

            Planning applications for which requests to speak have been made.

 

(2)       Deputations and Petitions

 

            Agenda items for which requests to speak have been made.

Minutes:

Note – Solicitor to the Council, Matthew Neal declared a personal and prejudicial interest in the following item of business, by virtue of his wife working with the wife of the applicant.  He left the Council Chamber during the discussion and voting thereon.

 

 

1.SL/2011/0647 LEVENS: Land at High Sampool LA8 8EQ.  Erection of poultry unit with manure store.  (Mr J Mason)

 

Jonathan Moore Lambe of John Lambe Associates spoke in objection to the application.  He stated that the proposal would have a catastrophic effect on the local economy, including the business of Sampool Holiday Park.  Concerns were raised in relation to inadequate access, noise and odour.  He stated that there was no planning justification for the scheme and urged the Committee to refuse the proposal.

 

Anthea Jones, the applicant’s agent responded to the points raised.  She asserted that the development would not detrimentally impact on the character or landscape of the area and that there would be no adverse noise issue associated with the proposal.  In addition she advised that no objections had been raised by the Environment Agency in relation to flooding.  The Committee was urged to grant the application with suitable conditions.

 

A decision on the application had been deferred at the February meeting to undertake a Committee site visit.  It had been previously deferred at the November meeting to allow the agent to address issues relating to the potential impact on the nearby environmentally designated areas.  It was reported that these matters had now been resolved, however issues remained in relation to the impact on residential amenity and the character and appearance of the landscape.

 

 

RESOLVED – The Interim Corporate Director (Communities) be authorised to REFUSE planning permission for the following reasons:-

 

(1)  detrimental impact on the amenity of residents by reason of odours, pests and general disturbance; and

 

(2)  the proposed building being too large in scale and of a utilitarian appearance and in an isolated position within open countryside.  If constructed it would cause material harm to the character and appearance of the area.

 

 

Note – Councillor Mary Orr declared a personal and prejudicial interest in the following item of business, by virtue of being the ward Member.  She left the Council Chamber during the discussion and voting thereon.

 

 

 

3.SL/2011/1033 LEVENS: Whinfield, Force Lane LA8 8ED.  Erection of pair of semi-detached dwellings.  (Mr D and Mrs D Parry).

 

Anita Todd spoke on behalf of a group of neighbouring residents, in support of the application.  She stated that the development of two dwellings would encourage families into the area and would boost the local community.  She asserted that Whinfield was not isolated, but a close knit community with suitable access to public transport.  She stated that to enable the community to thrive it was necessary to accept that more homes were needed for families.  She advised Members that all local residents were in support of the application and felt that more houses and families living in the locality would benefit all residents in the area.  ...  view the full minutes text for item P/100

P/101

ADJOURNMENT OF MEETING

Minutes:

The Committee adjourned for lunch at 1.15 p.m. and reconvened at 2.00 p.m. when the same Members were present, with the exception of Councillor Janette Jenkinson.

P/102

COMPLEX PLANNING APPLICATIONS pdf icon PDF 19 KB

To determine planning applications received.

Additional documents:

Minutes:

Note – Councillor Brian Cooper declared a personal and prejudicial interest in the following item of business, by virtue of being a Masonic Lodge member.  He left the Council Chamber during the discussion and voting thereon.

 

RESOLVED – That the following applications be determined in the manner set out:-

 

8.SL/2012/0038 OLD HUTTON AND HOLMESCALES: Hutton Substation, Old Hutton LA8 OLZ.  Installation of capacitor unit, series compensation units, access road, security fencing and landscaping.  (Mrs Andrea Key)

 

Consultee responses received were reported.  No objections had been raised by Cumbria Highways or Cumbria Historic Environment. 

 

A letter signed by nineteen residents of Eskrigg End and six additional letters of objection had been received.  Concerns raised related to increase in traffic generation, highway matters, light and noise pollution. 

 

Members were informed that the application was very important for the future national and local distribution of electricity.  Although the equipment proposed was of a significant scale and unavoidably utilitarian in appearance, overall the scheme was felt acceptable subject to conditions requiring adherence to detailed mitigation measures.

 

RESOLVED – The Interim Corporate Director (Communities) be authorised to GRANT planning permission subject to the Conditions detailed in the Schedule.

 

Note – Councillor Brian Cooper declared a personal and prejudicial interest in the following item of businesses, by virtue of being a Masonic Lodge member.  He left the Council Chamber during the discussion and voting thereon.

 

2.SL/2011/0936 ULVERSTON: Masonic Hall, Kings Road, LA12 OBT.  Rear extension to accommodate escape stairs and new changing rooms.  (Mr Alan Jones)

 

A decision on the application had been deferred from the February Committee meeting to allow a site visit.  Members had now had the opportunity to view and assess the development in relation to the adjacent residential property.  

 

Concern was expressed in relation to the impact the proposal would exert on the amenity of the adjacent residential property.

 

RESOLVED – The Interim Corporate Director (Communities) be authorised to REFUSE planning permission for the reason set out in the Schedule.

 

 

5.SL/2011/1041 KIRKBY LONSDALE : Lane House Barns, off the A65. 
Re-development of site for offices and workshops
(use classes B1 and B2)

 

The Committee was advised that overall the centrally sited building was of an appropriate scale and massing, however the second building, adjacent to the western boundary, was less visually attractive, incongruous and prominent in this location. 

 

The Development Management Team Leader reported that negotiations concerning the removal of the building adjacent to the western boundary had been unsuccessful. 

 

Members felt the second building would exert a detrimental impact on the character and appearance of the surrounding area.

 

RESOLVED – The Interim Corporate Director (Communities) be authorised to REFUSE planning permission on the grounds that the western building would be a prominent, obtrusive and incongruous form of development.

 

Note – Councillor Joss Curwen declared a personal interest in the following item of business, by virtue of knowing the applicant.

 

7.SL/2012/003 KIRKBY IRELETH: Mill Bank Cottage, Beckside, Kirkby in Furness LA17 7TH.  Demolition of outbuildings and reconstruction to form new dwelling  ...  view the full minutes text for item P/102

P/103

LISTED BUILDING APPLICATION

Minutes:

RESOLVED -  That the following application be determined in the manner set out:-

 

12. SL/2012/0055 (FPA) and SL/2012/0074 (CAC) LUPTON:  Thompson Fold Farmhouse, Lupton LA6 2PP.  Extension of time condition on Planning Permission SL/2008/1198 and 1199 (Conversion of farmhouse to three dwellings and installation of a sewage treatment plant).  (Mr Ray Griffin)

 

It was recommended that the time condition be extended without the previously imposed local occupancy restriction relating to Unit 7.

 

RESOLVED – The Interim Corporate Director (Communities) be authorised to GRANT planning permission subject to the conditions detailed in the Schedule.

 

P/104

A REPORT ON ENFORCEMENT ACTIVITY FROM 2 JANUARY - 27 JANUARY 2012 pdf icon PDF 101 KB

To inform Members about enforcement activity.

Minutes:

Members were presented with a report on enforcement activity between 2 January to 27 January 2012.  No outstanding cases from the caseload had been resolved between 2 January and 27 January 2012.  Forty-one new complaints had been recorded and were presently being investigated of which two had been resolved.

 

 

RESOLVED – That the report be noted.

 

 

 

 

 

P/105

A QUARTERLY REPORT ON THE OUTSTANDING ENFORCEMENT CASELOAD AT JANUARY 2012 pdf icon PDF 115 KB

To inform Members about the outstanding enforcement caseload.

Minutes:

Members were provided with information regarding the outstanding enforcement caseload up to January 2012.  A summary of the enforcement cases currently unresolved, and a description of the selected priority cases currently being dealt with and future proposed priority cases were reported.

 

 

RESOLVED – That the report be noted.

 

P/106

ANNUAL REPORT - ENFORCEMENT ACTIVITY DURING 2011 pdf icon PDF 77 KB

To inform Members about enforcement activity during 2011.

Minutes:

The number of cases received in the year showed a slight decrease.  This was due to a more robust filtering system.  In 2011 the Enforcement Team had had to divert a disproportionate amount of time to 3 priority cases. This had resulted in an increase in the number of cases carried forward at the end of year.  This had affected the total number of Enforcement Notices served.

 

RESOLVED – That the report be noted.

 

P/107

APPEALS UPDATE AT 27 MARCH 2012 pdf icon PDF 113 KB

To provide Members with information about the receipt and determination of planning appeals from the start of the financial year in April.

Minutes:

Members were provided with information about the receipt and determination of planning appeals from the start of the financial year in April 2011.

 

National Indicator BVPI 204 set a target of a maximum number of appeals allowed as 33 %.  The current performance, calculated from those decisions received since 1 April 2011 was 32.6 %.

 

It was anticipated that targets and objectives would continue to be achieved at the year end 2012.

 

RESOLVED – That the report be noted.

 

The meeting ended at 3.15 p.m.