Agenda and minutes

Planning Committee
Friday, 2 November 2018 10.00 a.m.

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

Contact: Committee Services 

Note: Registration to speak deadline is 0.01am (one minute past midnight) on the Wednesday prior to the meeting. 

Items
No. Item

P/42

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 one of the applications on the agenda had generated considerable interest which had led to substantial commentary on the merits of the application. Consequently, Members may have been contacted by individuals trying to exert pressure on them to determine the application in a particular way. The Solicitor to the Council reminded Members that they could not participate in the agenda item if they were predetermined or biased and that Members must consider their position carefully and be satisfied that they were able to consider the item with an open mind and be prepared to consider all of the facts which would be presented in the report, in the representations received, as well as the representations, information and debate they would hear at the meeting. Members were advised that if they had already formed their decision before presentation of the item today, they were predetermined and would need to declare an interest at Item 3 of the agenda and to leave the chamber when the item was being considered. In addition the Members were reminded that, given the quasi-judicial nature of Planning Committee, this was not a political function and there was an expectation that there would be no exercise of the party whip.

P/43

Minutes pdf icon PDF 228 KB

To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 27 September 2018 (copy attached).

Minutes:

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting held on 27 September 2018.

P/44

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 Janette Jenkinson declared an interest with regard to Minute No. P/47 (Planning Application No. SL/2018/0388).

P/45

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/46

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 Minute No. P/46 (Planning Application No. SL/2018/0274) and Minute No. P/47 (Planning Application No. SL/2018/0388).

P/47

Planning Application No. SL/2018/0274 - Kendal - Part of the former Lancaster Canal pdf icon PDF 546 KB

To determine an application for the formation of a public car park for 30 car parking spaces including two disabled parking bays.

Additional documents:

Minutes:

Formation of a public car park for 30 car park spaces including two disabled parking bays (Mr Sion Thomas, South Lakeland District Council).

 

The Planning Officer presented application SL/2018/0274 which sought permission for the formation of a public car park for 30 car parking spaces, including two disabled parking bays. She displayed photographs and plans which detailed the proposals and drew Members’ attention to the Late Representations which had been circulated prior to the meeting and which set out revised recommendations and conditions from Officers.

 

Councillor Graham Vincent, Economy and Assets Portfolio Holder, addressed the Committee. He stated that he was in favour of the application, as it would encourage a park and walk culture and it would be a pleasant walk into Kendal town centre for those visiting Kendal. For those working in the town, it would be easy parking incorporated with exercise in the working day. In addition there would be a reduction in vehicle movement in the town which would support South Lakeland District Council’s Clean Air Policy. Councillor Vincent concluded by informing Members that the current site was untidy and unmanaged, and by creating a new car park, the site would be managed and maintained. If successful, there could be the option to develop further park and walk sites in the area.

 

In further presenting the report the Planning Officer highlighted the addition of a further condition from Cumbria County Council which stated that there would be no raising of levels within the area identified as at risk of surface water flooding.

 

The Planning Officer answered questions raised by Members of the Committee. Members agreed that it had been an interesting site visit and felt that the proposed car park and the promotion of a park and walk scheme was an excellent use of the land.

 

RESOLVED – That the Director People and Places be authorised to GRANT planning permission subject to the following conditions:-

 

Condition (1)   The development hereby permitted shall begin not later than three years from the date of this decision.

 

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:

 

K35085/A1/03 Rev A;

K35085/A1/04 Rev B;

K35085/A1/102 Rev B;

K3085/A1/06

All above received by the Local Planning Authority 30 August 2018

 

Document Titled: 'Location Plan - South Lakeland District Council Land off Parkside Road'. Received by the Local Planning Authority 28 March 2018.

 

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

 

Condition (3)   a)         No development shall take place until full details of hard landscape works have been submitted to and approved in writing by the Local Planning Authority.  The details shall include:-

•hard surfacing materials;

•surface paint;

 

b)         Development shall be carried out in accordance with the approved details of materials and paint and retained as such thereafter unless  ...  view the full minutes text for item P/47

P/48

Planning Application No. SL/2018/0388 - Old Hutton and Homescales - Land directly to the north of the existing Old Hutton Substation pdf icon PDF 401 KB

To determine an application for a gas fired electricity generating station to deliver electricity during times of peak demand of up to 49.99 MW, ancillary equipment, access and landscaping.

Additional documents:

Minutes:

Gas Fired Electricity Generating Station to deliver electricity during times of peak demand of up to 49.99 MW, ancillary equipment, access and landscaping (Miss Kirsty Cassie, Statera Energy Ltd).

 

Note – at this point in the proceedings Councillors Anne Hutton and Rupert Audland left the meeting.

 

Note – Councillor Janette Jenkinson declared a non-pecuniary interest in this item by virtue of the fact she knew Chris Nelson, one of the public participants, through her work on Ulverston BID. She remained in the meeting during discussion and voting on the item.

 

The Planning Officer presented Planning Application No. SL/2018/0388 which sought permission for the development of a 49.9 MW gas fired electricity generating station. The Planning Officer advised Members that a previous scheme for a gas fired electricity peaking plant and battery storage facility had been refused by the Planning Committee on 4 January 2018 (Minute P/123 refers). The Planning Officer informed Members that the Planning Application before them was a revised scheme which deleted the battery storage element. He displayed photographs and plans which detailed the proposals.

 

Note – The Committee voted to adjourn for a break at 10.54 a.m. and reconvened at 11.07 a.m. when the same Members were present.

 

Tim Farron, Member of Parliament for Westmorland and Lonsdale addressed the Committee. He stated that he was deeply concerned regarding the risks associated with the development and that he felt Statera had tried to appease local residents by proposing a 20% reduction in the height of the chimneys which would moderately reduce the visual impact. In addition the reduction of the chimney height, from 15 metres to 12 metres, would have an impact on the dispersal of fumes and there would be a radical increase in the threat to public health. The dispersal mode readings presented in the report had been carried out at Shap which was much windier than Old Hutton. He concluded by highlighting his concerns regarding the proximity of the local school to the application site and that there had been no evidence of essential requirement for the development in the open countryside. He urged the Committee to say no to this dangerous proposal.

 

Anthony Fitzherbert addressed the Committee and stated that this was the second application by Statera to construct a power station in Old Hutton, only 800 metres from the local primary school. The application had been rejected in January 2018 because it was an inappropriate development in a rural area and because of its visual impact. Those issues had not changed. He went on to state that to build a power station on the site was contrary to the principles for industrial development in South Lakeland and that nitrous oxide fumes would be emitted, which would pollute the atmosphere and cause acid rain. He concluded his address by highlighting the risks related to fire and security and the negative impact on future of the community.

 

Councillor Pat Bell, Kendal Rural District Ward Member, addressed the Committee. She referred to Core Strategy CS1.2  ...  view the full minutes text for item P/48

P/49

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 paragraph indicated.

P/50

Legal Advice from the Solicitor to the Council

Minutes:

-     Paragraph 5 - Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

 

The Solicitor to the Council provided legal advice for the benefit of the Members in regard to the option of deferment of the application.

 

Note – Following this discussion, Members voted to re-admit the press and public.

P/51

Re-Admission of Press and Public

Minutes:

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

P/52

Planning Application No. SL/2018/0388 - Old Hutton and Homescales - Land directly to the north of the existing Old Hutton Substation

Minutes:

Planning Application No. SL/2018/0388 (Minute No. P/48 refers).

 

Gas Fired Electricity Generating Station to deliver electricity during times of peak demand of up to 49.99 MW, ancillary equipment, access and landscaping (Miss Kirsty Cassie, Statera Energy Ltd).

 

The Solicitor to the Council addressed all present and provided an explanation for the adjournment.

 

The Planning Officer referred to the late representations which had been circulated prior to the meeting and an additional late representation, a letter of objection from the Head Teacher of Old Hutton School, which had been received that morning.

 

In further presenting the report the Planning Officer informed the Members that the key issues and material planning considerations included the principle of the development, landscape and visual impacts, residential amenity, noise and pollution impacts, access roads and flood risk and drainage. He referred to the Government target to transition from fossil fuel based economy to a low carbon economy and that the reliance on renewables had to be balanced with the need for supply. He went on to explain that the energy environment was changing and that, as part of the transition from the current mix of energy uses and sources to a full low carbon economy, there would still be a role for fossil fuels in the mix particularly for meeting peak demand. He explained that that there was a need for peaking generators to respond quickly and although gas powered peaking generator plants were not considered to be low carbon, they had the advantage that they reached maximum operating efficiency within five minutes of starting up. The National Grid viewed these plants as an essential part of the generating mix and if there was exceptional demand, back up capacity must be available.

 

The Planning Officer highlighted the visual impact of the development and explained that it was considered that the impact on long distance views would sit alongside the existing substation, the medium distance views would be broken up by the topography and that the impact on close distance views would be more visible. However, the proposed landscaping and the site being cut into the sloping landforms would mitigate the impact.

 

The Planning Officer informed the Members that the noise impact on properties in the locality had been assessed by South Lakeland District Council Public Protection Officers and no objection to the proposals had been raised. The Public Protection Officers had been satisfied that, if the plant was operated in accordance with the mitigation measures set out in the noise assessment, there was no technical reason to object. In addition the noise impact during the construction phase could be satisfactorily covered by the Construction Management Plan. The Planning Officer advised Members that the Public Protection Officer had confirmed that the emissions from the plant would be in line with relevant air quality standards and modelling, which had been used to predict the impacts of the emissions and the Environment Agency had raised no comments or concerns.

 

The Planning Officer stated that once the plant was operational  ...  view the full minutes text for item P/52

P/53

A Report on Monthly Enforcement Activity pdf icon PDF 256 KB

To consider an update on planning enforcement activity between 1 September and 30 September 2018.

Minutes:

The Interim Development Management Team Leader introduced the Monthly Enforcement Report and provided an update which related to the Government appointed inspector’s appeal decision for Monton, Cart Lane, Grange-over-Sands, against a planning enforcement notice issued by South Lakeland District Council. He advised Members that the enforcement notice had been upheld and the box dormer window extension would have to be removed within six months.

 

RESOLVED – That

 

(1)        the contents of Appendix 1 to the report and the delegated actions of officers in closing cases as set out in Appendix 2 to the report be noted; and

 

(2)        the Government appointed inspectors appeal decision for Monton, Cart Lane, Grange-over-Sands as set out in Appendix 3 to the report be noted. 

P/54

Planning Performance and Appeals Update pdf icon PDF 206 KB

To consider an update on performance measures and recent appeals as at 24 October 2018.

Minutes:

The Planning and Performance and Appeals Update was presented by the Interim Development Management Team Leader.

 

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