Agenda item

SL/2017/0732 - Land South of Haggs Lane Cartmel.

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

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 advised that a Social Housing Needs Assessment (SHNA) would have been applied when the application had been considered by Planning Officers. A number of Members felt that the abnormal costs on the site were a result of poor business management and as a consequence a reduction in social housing was expected to be acceptable.

 

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

 

RESOLVED – That the application be granted subject to:-

 

• 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

 

• the planning conditions as outlined below:-

 

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:

 

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

 

Condition (3)   a) No superstructure of the dwellings hereby approved shall be erected until samples and details of the materials to be used in the construction of the external surfaces of the dwellings have been submitted to and approved in writing by the Local Planning Authority.

b)         Development shall be carried out in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.

 

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

 

Condition (4)   The roof surfaces of the dwellings hereby approved, by photographs submitted by email on 10th September 2019, shall be covered in the approved slates unless otherwise agreed in writing with the Local Planning Authority.

 

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

 

Condition (5)   The boundary treatment(s) shall be completed as approved by plan titled ‘Boundary treatment detail dwg no 15075/04’ and Planning Layout Plan 15075/01 Rev x before the development is occupied, or in accordance with a timetable agreed in writing with the Local Planning Authority.

 

Reason            To ensure the development is of a high quality design in accordance with Policy CS8.10 of the South Lakeland Core Strategy and saved Policies S2 and S3 of the South Lakeland Local Plan.

 

Condition (6)   Prior to the first occupation of the dwellings the development shall be carried out in accordance with the submitted landscape plan - Landscape Proposal 5646.01 Rev D. The agreed scheme shall be carried out as approved to the agreed timetable. Any trees / shrubs which are removed, die, become severely damaged or diseased within five years of their planting shall be replaced in the next planting season with trees / shrubs of similar size and species to those originally required to be planted unless the Local Planning Authority gives written consent to any variation.

 

Reason            These details are required to be approved before the commencement of development to safeguard and enhance the character of the area and secure high quality landscaping in accordance with saved Policy S3 of the South Lakeland Local Plan.

 

Condition (7)   The development shall be completed in accordance with the external works standard details drawing (ref: 30136-680), street lighting design details (ref: 15075 01_G_Planning Layout (01.08.2018)_Bounds Lighting), outdoor lighting report dated 16th August 2018 and outdoor lighting report dated 31st August 2018 and retained thereafter.

 

Reason            These details are required to be approved before the commencement of development to ensure a minimum standard of construction in the interests of highway safety in accordance with Policy CS10.2 of the South Lakeland Core Strategy.          

 

Condition (8)   The development shall not proceed except in accordance with the approved Construction Phase Traffic Management Plan (CTMP). The approved CTMP shall be adhered to throughout the construction period and any damage to the public highway shall be rectified. .

 

Reason            These details are required to be approved before the commencement of development to ensure a minimum standard of construction in the interests of highway safety in accordance with Policy CS10.2 of the South Lakeland Core Strategy.          

 

Condition (9)   No development of the dwellings hereby approved shall take place until the approved vehicular access junction to Haggs Lane has been constructed to base course level in accordance with details approved under Planning Condition 7 and the retained areas for vehicle parking, manoeuvring, loading and unloading in accordance with details approved under Condition 8 have been completed and made available for use.

 

Reason            To ensure safe provision of the access for construction traffic and subsequent residential traffic in accordance with Policy CS10.2 of the South Lakeland Core Strategy.

 

Condition (10)No dwellings shall be occupied until the estate road including footways to serve such dwellings has been constructed in all respects to base course level and street lighting where it is to form part of the estate road has been provided and brought into full operational use.      

 

Reason            In the interests of highway safety in accordance with Policy CS10.2 of the South Lakeland Core Strategy.

 

Condition (11)The development shall not proceed except in accordance with the mitigation strategy described in the Ecological Appraisal (Report Reference: 3266) prepared by Envirotech and deposited with the Local Planning Authority on 15th August 2017.

 

Reason            For the avoidance of doubt and to prevent harm to protected species in accordance with Policy CS8.4 of the South Lakeland Core Strategy.

 

Condition (12)The development shall not proceed except in accordance with the strategy described in the Pre-development Arboricultural Report (Report Reference: AH/AIA/100517) prepared by Treescapes Consultancy Ltd and deposited with the Local Planning Authority on 15th August 2017.

 

Reason            For the avoidance of doubt and to prevent harm to protected trees in accordance with Policies CS8.1 and CS8.2 of the South Lakeland Core Strategy and saved Policies C11 and S18 of the South Lakeland Local Plan.

 

Condition (13)The construction of the development shall be completed in accordance with the Construction Method Statement and Construction Water Management Plan received 11th April 2019 .

 

Reason            These details are required to be approved before the commencement of development to safeguard the amenity of neighbouring occupiers in accordance with Paragraph 17 and Paragraphs 121-123 of the National Planning Policy Framework.

 

Condition (14)No work for the construction of these developments, including demolition, shall take place on the site, except between the hours:

- 08.00 - 18.00 Monday to Friday; and

- 08.00 - 13.00 on Saturdays;

unless otherwise agreed in writing with the Local Planning Authority. In particular, no work should be carried out on Sundays or officially recognised public holidays without the prior agreement in writing of the Local Planning Authority.

 

Reason            These details are required to be approved before the commencement of development to safeguard the amenity of neighbouring occupiers in accordance with Paragraph 17 and Paragraphs 121-123 of the National Planning Policy Framework.

 

Condition (15)In the event that contamination is found at any time when carrying out the approved development it must be reported in writing within 14 days to the Local Planning Authority and once the Local Planning Authority has identified the part of the site affected by the unexpected contamination, development must be halted on that part of the site. An assessment must be undertaken and where remediation is necessary a remediation scheme, together with a timetable for its implementation, must be submitted to and approved in writing by the Local Planning Authority. The measures in the approved remediation scheme must then be implemented in accordance with the approved timetable. Following completion of measures identified in the approved remediation scheme a validation report must be submitted to and approved in writing by the Local Planning Authority.

 

Reason            To prevent harm to human health and the environment in accordance with Paragraphs 17 and Paragraphs 121-122 of the National Planning Policy Framework.

 

Condition (16)The development shall be completed in accordance with the approved surface water drainage system details:

30136-620-P3 Private Drainage Layout

30136-625-P3-Preliminary Longitudinal Sections

30136-655-P5-Preliminary Drainage Layout

30136-656-P1 Deed of Grant Plan

30136-6001-P2 Flood Route Layout

SW Calculation 1 in 100 years + 40% CC

 

Reason            To ensure adequate provision is made for the management of surface water and sewage disposal in accordance with saved Policy S26 of the South Lakeland Local Plan and Policy CS8.8 of the South Lakeland Core Strategy.

 

Condition (17)Prior to the development being occupied, the surface water drainage system shall be implemented and thereafter managed and maintained in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

 

Reason            These details are required to be approved before the commencement of development to ensure surface water is managed in a sustainable way in accordance with Policy CS8.8 of the South Lakeland Core Strategy.

 

Condition (18)The development shall be completed in accordance with the flood mitigation measures detailed in Section 3.08 of the Flooding and Drainage Assessment (Project No. 7348) prepared by CoDa Structures received 7th November 2017. The flood mitigation measures shall be fully implemented prior to the development being brought into use and retained as such thereafter.

 

Reason            To reduce the impact and risk of flooding to the proposed development and future occupants in accordance with Policy CS8.8 of the South Lakeland Core Strategy.

 

Condition (19)The dwellings hereby approved (apart from house types E,F and G and the first floor apartments) shall be constructed to meet the Building Regulations M4(2) standards for accessible and adaptable homes.

 

Reason            To comply with policy DM11 (Accessible and Adaptable Homes) of the South Lakeland Development Management Policies Development Plan Document.

Supporting documents: