Agenda and minutes

Planning Committee
Wednesday, 9 January 2019 10.00 a.m.

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

Contact: Committee Services 

Items
No. Item

P/68

Chairman's Announcement

Minutes:

The Chairman addressed the Members of the Planning Committee and offered congratulations to Councillor John Holmes on his appointment as a Member of the Order of the British Empire in the New Year’s Honours.

 

The Chairman invited Councillor Kevin Lancaster to speak. Councillor Kevin Lancaster offered congratulations to the Chairman, Councillor Pete McSweeney, for his success in the recent Cumbria County Council By-Election.

P/69

Minutes pdf icon PDF 355 KB

To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 29 November 2018 (to be circulated prior to the meeting).

Minutes:

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting held on 29 November 2018.

P/70

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 Gill Gardner declared an interest with regard to Minute No. P/75 (Planning Application No. SL/2018/0490).

P/71

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/72

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/72 (Planning Application No. SL/2018/0144;

 

(2)        Minute No. P/73 (Planning Application No. SL/2018/0741);

 

(3)        Minute No. P/74 (Planning Application No. SL/2018/0011); and

 

(4)        Minute No. P/75 (Planning Application No. SL/2018/0490). 

P/73

Planning Application No.SL/2018/0144 - Grange-over-Sands - Former Graythwaite Manor Hotel, Fernhill Road, Grange-over-Sands pdf icon PDF 265 KB

To determine an application for the conversion of the existing (original) Graythwaite Manor Hotel building to provide four apartments, part/full demolition of existing buildings and structures, and the erection of thirteen new apartments and fifteen new dwellings with associated landscaping, car parking and access.

Minutes:

Conversion of the existing (original) Graythwaite Manor Hotel building to provide four apartments, part/full demolition of existing buildings and structures and the erection of thirteen new apartments and fifteen new dwellings with associated landscaping, car parking and access (Mr Ian Shorrock – Blackmores (D) Ltd).

 

The Interim Development Management Team Leader addressed the Committee and advised Members that the report for Planning Application No. SL/2017/0144 had failed to take into consideration the Grange-over-Sands Neighbourhood Plan which had been adopted in September 2018. The Interim Development Management Team Leader advised Members that, following consultation with the Applicant’s Agent, consideration of the application should be deferred in order to provide Planning Officers the opportunity to update the report.

 

Members felt that a decision on the application should be deferred at this time in order to provide Planning Officers the opportunity to take into account the Grange-over-Sands Neighbourhood Plan.

 

RESOLVED – That consideration of Planning Application No. SL/2017/0144 be deferred to a future meeting.

P/74

Planning Application No.SL/2018/0741 - Preston Patrick - Unit 14, The Old Cooperage, Gatebeck Business Park, Gatebeck pdf icon PDF 86 KB

To determine an application for change of use from B8 (Storage and Distribution) to B2 or B2/B8 Mixed Use and the erection of a chimney for a woodburning heater.

Additional documents:

Minutes:

Change of Use from B8 (Storage and Distribution) to B2 or B2/B8 Mixed Use and erection of a chimney for a wood burning heater (Mr A Wright).

 

The Planning Officer presented Planning Application No. SL/2018/0741 which sought planning permission for the Change of Use from B8 (Storage and Distribution) to B2 or B2/B8 Mixed Use and the erection of a chimney for a wood burning heater. He referred to the site visit and displayed plans and photographs which detailed the proposals and drew Members’ attention to the Late Representations which had been circulated prior to the meeting. He highlighted that the main issues related to the impact of the proposal on the visual character of the area and residential impacts in respect of noise and dust, smoke and odours.

 

Mr Andrew Barlow, a local resident, addressed the Committee and displayed photographs during his address. He stated that he objected to the current application and informed Members that the applicant had stated that South Lakeland District Council (SLDC) had carried out extensive pollution monitoring over a six week period. However, the response to a Freedom of Information request had revealed that every visit from SLDC had been announced to the applicant. In addition he advised Members that SLDC did not have pollution monitoring test equipment and relied on ‘sniff tests’. Mr Barlow went on to inform Members that SLDC’s Principal Environment Health Officer and Chief Executive could not confirm if it was ok to breathe in noxious fumes. He stated that the wood burning heater was not used for heating, the applicant used it as an incinerator and planning permission was not in place for this form of use. In addition the wood burning heater had been used when the weather was comfortably warm and therefore not required for heating and also that black smoke had been seen coming from the chimney, which, Mr Barlow stated, indicated the incineration of plastic. Mr Barlow informed Members that he had also noted that local residential properties, which had wood burning stoves and coal fires, used these much less frequently and none, that he had witnessed, used their wood burning stoves as often as the applicant. He stated that the village was filled with stinking smoke, which was choking and that this should not be permitted in the heart of a village. He concluded his address by referring to the relocation of the spray booth and the health implications of the chemicals used and stated that it was unbelievable that the application had been approved by officers, regardless of the objections received, which included the Parish Council. He urged the Committee to reject the application.

 

Mr Hayhurst, a local resident, addressed the Committee. He explained that his home was the closest residential property to Unit 14 and that he did not object to the change of use, but strongly objected to the installation of the additional chimney for the wood burning heater. He stated that on 4 November 2018 he had witnessed, and  ...  view the full minutes text for item P/74

P/75

Planning Application No.SL/2018/0011 - Kendal - Land off Oxenholme Road, Kendal pdf icon PDF 415 KB

To determine an application for the erection of 49 dwellings (Phases 3 and 4).

Additional documents:

Minutes:

Erection of 49 dwellings (Phases 3 and 4) (Oakmere Homes (North West) Ltd).

 

The Interim Development Management Team Leader presented Planning Application No. SL/2018/0011 which sought approval of reserved matters in relation to Phase 3 and Phase 4 of the residential development approved under Planning Application No. SL/2015/0085. He displayed photographs and plans which detailed the proposals and made reference to the site visit. Members’ attention was drawn to the Late Representations which had been circulated prior to the meeting and which included a letter of objection from a resident of Blencathra Gardens. The Interim Development Management Team Leader highlighted details of the affordable housing provision in Phases 1, 2 and 3. He advised Members that throughout the application process the house types, which now included split-level dwellings, had been changed and changes had also been made to the orientation of and the distances between new and existing dwellings and these changes addressed the issue of overlooking. He made reference to the landscaping scheme and informed Members that the culvert had been redesigned following consultation between the applicant and Natural England. In addition the Interim Development Management Team Leader advised Members that a response was awaited from the Local Lead Flood Authority in regard to the revised drainage strategy.

 

Ms Karen Valentine, a local resident, addressed the Committee. She informed Members that her property was on the boundary of the Oakmere Development and requested that her concerns be taken into account. She highlighted that the conservatory of her property had been erased from recent plans and requested an explanation as to why this was the case. She went on to outline concerns regarding the height of a number of plots and the distances between properties and stated that her property would be overlooked. She concluded her address by stating that the design of the proposed dwellings was overbearing, out of character and would have an impact on the wider settlement and amenity and would result in overcrowding, overlooking and loss of privacy and light.

 

Miss Meakin, a local resident, addressed the Committee. She informed Members that the trees had no maintenance programme and were getting large and causing shadows across the road and she proposed the introduction of a maintenance programme to manage the trees. She concluded her address by stating that it was a shame that the view from the A65, Burton Road, into Kendal would be ‘in your face’ housing and proposed that any buildings built on the hill to be 51 feet below the height of the existing development.

 

Mr Alastair Skelton, the applicant’s agent, addressed the Committee. He informed Members that the applicant understood the concerns of the residents of adjoining properties and had engaged directly with neighbours to discuss their concerns. He made reference to the relocated soakaway and the reconfigured boundary and that the applicant had provided extra detail regarding the topography. He acknowledged the concerns regarding flooding and explained that extensive consultation had taken place with the Council and the Local  ...  view the full minutes text for item P/75

P/76

Planning Application No.SL/2018/0490 - Lower Holker - Land adjacent to 55 Jutland Avenue, Ravenstown, Grange-over-Sands LA11 7LQ pdf icon PDF 145 KB

To determine an application for the erection of a single dwelling, formation of vehicular access and connection to foul sewer (Outline Planning Application with landscaping and layout Reserved).

Minutes:

Erection of a single dwelling, formation of vehicular access and connection to foul sewer (Outline Planning Application with landscaping and layout reserved) (Matthew Lambeth).

 

Note – Councillor Gill Gardner declared a non-pecuniary interest in this item by virtue of the fact the applicant was known to her. Councillor Gardner made a verbal representation under the Council’s public participation scheme and having regard to bias and/or predetermination, she left the meeting during the discussion and voting on the item.

 

The Planning Officer presented Planning Application No. SL/2018/0490 which sought outline planning permission for a single two storey dwelling with access, appearance and scale included. He displayed photographs and plans which outlined the proposals and he referred to the site visit. The Planning Officer advised Members that the primary issues were the siting of the proposed dwelling in the open countryside and that the development did not represent either infill development or rounding off.

 

Councillor Gill Gardner, Cartmel Ward Member, addressed the Committee. She informed Members that the applicant had been in consultation with the Planning Department since 2016 and that a pre-application enquiry had stated that the application was acceptable in principle. She referred to various South Lakeland Core Strategy Policies and stated that these could be worked on by the applicant and Planning Officers to achieve a development which would be best for all. She explained that for many years it had been hoped that the Jutland development in Ravenstown would be finished off. She went on to explain that Flookburgh had a shortage of housing for young and growing families. This application was a self-build which would create one more family home and ensure a young family could stay in the area. Councillor Gardner concluded her address by stating that the applicant was willing to work with Planning Officers and that she believed the application was rounding off and urged the Committee to support the application.

 

Mr Matthew Lambert, the applicant, addressed the Committee. He explained that he was from a long established family in Flookburgh, a sixth generation fisherman who lived in the community. He and his fiancé had a growing family and they wanted to remain in the area. He went on to explain that in 2016 his pre-application enquiry had been accepted in principle and he had pressed ahead and spent time and money on the application. He stated that there was no development boundary around Ravenstown and it was an ideal site for much needed houses and in addition, the proposed dwelling followed the natural line of the arch of the existing development. He concluded his address by informing the Committee that he had found someone who had been willing to sell him a piece of land which had given him this opportunity and he could see no reason why the application should not be approved.

 

In further presenting the report the Planning Officer referred to the application site, which extended to an area of 900m2 and to the size of the proposed  ...  view the full minutes text for item P/76

P/77

Planning Application No.SL/2018/0684 - Urswick - The Orchard, White Ghyll Lane, Bardsea LA12 9QR pdf icon PDF 103 KB

To determine an application for a single dwelling.

Minutes:

Erection of an open market single dwelling (Outline Planning Application with all matters reserved) (Mr and Mrs P Grayless).

 

The Planning Officer presented Planning Application No. SL/2018/0684 which sought outline planning permission, with all matters reserved, for the erection of an open market dwelling on land to the west and adjoining the property known as The Orchard, White Ghyll Lane, Bardsea. He made reference to the site visit and displayed photographs and a location plan which outlined the proposals. He drew Members’ attention to the line of development, the topography and the designated limestone pavement.  The Planning Officer advised Members that the key issues were the consideration of infilling and rounding off and how this related to current and emerging planning policies.

 

The Planning Officer answered questions raised by Members of the Committee. Members gave consideration to the landscape impact and the fact that the site had formerly been an agricultural field that had gained an established use as garden land.

 

The majority of Members agreed that the proposal sat comfortably on the landscape and were happy to support the application.

 

RESOLVED – That the application be approved subject to the following conditions:-

 

Condition (1)   The development to which this permission relates must be begun not later than whichever is the later of the following dates:

 

a)         FIVE YEARS from the date of this permission; or

b)         the expiration of TWO YEARS from the final approval of the reserved matters, or, in the case of approval on different dates, the final approval of the last such matters to be approved.

 

Application for the approval of the reserved matters must be made not later than THREE years from the date of this permission.

 

Reason:           To comply with the requirements of Section 92 of the Town and Country Planning Act 1990.

 

Condition (2)   Details of the:- access, appearance, landscaping, layout and scale (hereinafter called “the reserved matters”) shall be submitted to and approved in writing by the Local Planning Authority before any development begins and the development shall be carried out as approved.

 

Reason:           To ensure a satisfactory standard of development on site.

 

Condition (3)   The development hereby permitted shall be carried out in accordance with the following approved plans:

1:1250 – Location Plan – Received 03/08/2018

 

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

 

Condition (4)   Any details pursuant to Condition 2 above shall show a development featuring the following elements:

 

           located on the lower eastern section of the site

           single storey or 1½ storeys in height;

           a roof covering of natural slate;

           a roof symmetrically pitched of not less than 35°; and

           predominantly rectangular in shape with traditional gable ends.

 

Reason:           To ensure that the development is of a high quality design  in accordance with Policy CS8.10 of the South Lakeland Local Plan  and Saved Policy S2  of the South Lakeland Local Plan.

 

Condition (5)   a)         No development shall take place until full details of both hard and  ...  view the full minutes text for item P/77

P/78

Planning Application No.SL/2018/0814 - Lower Allithwaite - Land at Green Lane/Vicarage Lane, Allithwaite, Grange-over-Sands LA11 7QN pdf icon PDF 204 KB

To determine an application for the erection of 23 dwellings with associated infrastructure.

Minutes:

Erection of 23 dwellings with associated infrastructure (Russell Armer Ltd).

 

The Interim Development Management Team Leader presented Planning Application No. SL/2018/0814 which sought full planning permission for 23 dwellings on land at Green Lane/Vicarage Lane, Allithwaite, Grange-over-Sands. He displayed photographs and plans which outlined the proposals and he referred to the site visit. He advised Members that the Local Development Plan document had allocated the site for residential development and he outlined the affordable housing provision of the application and the viability appraisal which had been submitted by the applicant. In addition he referred to the proposal to provide an extension to the existing cemetery area and the impact of the development on a mature Ash tree, which overhung the site and which was protected by a Tree Preservation Order. The Interim Development Management Team Leader informed Members that the principle of the development, the affordable housing provision, the design and layout and the provision for access and highways had been accepted. He advised Members that due to negotiations that had been ongoing between the previous case officer and the applicant, it was likely that several of the recommended pre-commencement conditions listed in the report would be resolved before any decision notice was issued, pending the time required to deliver a signed S106 agreement. A degree of flexibility in addressing the conditions was sought from Committee Members.

 

Members gave consideration to the maintenance and drainage of the grassed area and the lack of affordable housing provision. In response to a request for the inclusion of viability appraisal in the agenda reports pack, the Interim Development Management Team Leader advised Members that the National Planning Policy Framework made it clear that viability appraisals had to be publicly available and he undertook to provide, for future applications, a summary with key points.

 

RESOLVED – That the application be granted subject to

 

(1)        the completion of a Section 106 Planning Obligation with regard to the provision of affordable housing and the provision and maintenance of a surface water drainage scheme; and

 

(2)        the following conditions:-

 

Standard Control

 

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:

 

List to be confirmed.

 

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

 

Pre-Commencement/Occupation

 

Condition (3)

 

a)         No superstructure of the dwellings hereby approved shall be erected until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority. These details shall include:-

 

·         means of enclosure;

·         hard surfacing materials;

·         minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting, etc.); and

·         details of future maintenance and management of  ...  view the full minutes text for item P/78

P/79

A Report on Monthly Enforcement Activity pdf icon PDF 120 KB

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

Minutes:

The Enforcement Officer introduced the Monthly Enforcement Report which outlined Enforcement Activity between 1 November and 30 November 2018. The Enforcement Officer and the Interim Development Management Team Leader answered questions raised by Members.

 

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/80

Planning Performance and Appeals Update pdf icon PDF 192 KB

To consider an update on performance measures and recent appeals as at 2 January 2019.

Minutes:

The Planning and Performance and Appeals Update was presented by the Interim Development Management Team Leader. He highlighted the revised format of the report and outlined the statistical performance of the Authority.

 

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