Decisions

Use the below search options at the bottom of the page to find information regarding recent decisions that have been taken by the council’s decision making bodies.

Only decisions taken after 5th March 2012 will be included in this search

Alternatively you can visit the officer decisions page for information on officer delegated decisions that have been taken by council officers.

Decisions published

04/03/2019 - Planning Performance and Appeals Update ref: 4012    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 04/03/2019 - Planning Committee

Decision published: 12/04/2019

Effective from: 04/03/2019

Decision:

The Planning Performance and Appeals Update was presented by the Interim Development Management Team Leader. He informed Members that there had been no change since the last meeting.

 

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


04/03/2019 - A Report on Monthly Enforcement Activity ref: 4011    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 04/03/2019 - Planning Committee

Decision published: 12/04/2019

Effective from: 04/03/2019

Decision:

The Enforcement Officer introduced the Monthly Enforcement Report which outlined enforcement activity between 1 January and 31 January 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.


04/03/2019 - Annual Report - Residential Monitoring for the period 1 April 2017 to 31 March 2018 ref: 4009    For Determination

An update on the position regarding residential permissions and completions for the District outside the National Parks for the year to 31 March 2018.

Decision Maker: Planning Committee

Made at meeting: 04/03/2019 - Planning Committee

Decision published: 12/04/2019

Effective from: 04/03/2019

Decision:

The Senior Policy Officer introduced the Annual Report for Residential Monitoring for the period 1 April 2017 to 31 March 2018. The report updated the Planning Committee on recent housing delivery in the district outside the National Parks. The Senior Policy Officer summarised key figures within the report and provided clarity with regard to the affordable housing figure.

 

RESOLVED – That the contents of the report be noted.

Wards affected: Arnside & Milnthorpe; Bowness & Levens; Broughton & Coniston; Burton & Crooklands; Cartmel; Furness Peninsula; Grange; Kendal East; Kendal North; Kendal Rural; Kendal South & Natland; Kendal Town; Kendal West; Sedbergh & Kirkby Lonsdale; Ulverston East; Ulverston West;

Lead officer: Lindsay Harrod


04/03/2019 - Annual review of the Council's Constitution ref: 4010    For Determination

To consider amendments to the Council's Constitution in respect of Planning Committee as part of the Annual Review of the Constitution

Decision Maker: Planning Committee

Made at meeting: 04/03/2019 - Planning Committee

Decision published: 12/04/2019

Effective from: 04/03/2019

Decision:

The Solicitor to the Council introduced the Annual Review of the Constitution report and explained that as part of the annual review there were a number of proposed changes in respect of planning related matters. The Solicitor to the Council highlighted the appendices to the report and explained that the proposed changes at Appendix 2 would ensure that delegations would be effective and had taken into account the changes in roles and responsibilities following the Customer Connect transition and the implementation of the new structure. She outlined further proposed changes and informed Members that the Public Participation in Planning Scheme had been updated in April 2018, however, there had been a review of effectiveness and further clarity was required regarding the period of time allotted to anyone wishing to speak at Committee, in particular to what constituted a group.

 

RESOLVED – That the proposed changes to the Constitution be recommended to Full Council for approval.

Wards affected: (All Wards);

Lead officer: Anthea Lowe


04/03/2019 - Planning Application No. SL/2018/0253 - Beetham - Beetham Holiday Homes ref: 4007    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 04/03/2019 - Planning Committee

Decision published: 12/04/2019

Effective from: 04/03/2019

Decision:

Siting of 20 static holiday units to replace 20 touring pitches (Mr C Russell (Westmorland Caravans (Beetham)) Ltd).

 

Note – Councillor Pete McSweeney declared a non-pecuniary interest in this item by virtue of the fact he was the Vice-Chairman of the Arnside and Silverdale Area of Outstanding Natural Beauty Executive Committee. Having regard to the perception of bias and/or predetermination, he left the meeting during discussion and voting on the item.

 

Councillor Dave Khan declared a non-pecuniary interest by virtue of the fact the applicant was known to him. He remained in the meeting during discussion and voting on the item.

 

The Vice-Chairman, Councillor Eric Morrell, took the chair for this item.

 

The Planning Officer presented Planning Application No. SL/2018/0253 which sought permission to replace 20 touring caravan pitches, located on a field within the park and surrounded by existing static caravans, with 20 static caravan pitches located within three parcels of managed woodland clearings. She made reference to the site visit and displayed plans and photographs which detailed the proposals. The Planning Officer informed Members that the proposal was being brought before them for transparency and openness in light of the emerging Arnside & Silverdale Area of Outstanding Beauty (AONB) Development Plan Document (DPD) which was close to adoption. She went on to advise Members that it had come to light that the design of the units did not meet the definition of a twin unit caravan under the Caravan Sites Act 1968, as the height of some of the bespoke units measured up to four metres. It was recommended that an additional condition be imposed which would ensure the design met the definition of a twin unit caravan and that written approval be required prior to the commencement of the development. In addition a further two conditions were recommended which included the submission of a construction methodology for the units and submission of a Woodland Management Plan. The Planning Officer read out the late representation which had been received from South Lakeland District Council’s Revenues and Benefits Service Manager. The representation outlined that in regard to business rates and council tax financial benefits to the Local Authority, the scheme would be fairly cost neutral. She explained that The Planning Officer outlined the proposals and provided details of the design and materials of the bespoke units, the use of piles as an alternative to solid bases and she highlighted the constraints of the site which included a Limestone Pavement Order. She concluded by highlighting the key issues which applied to the application which were: the principle of replacing 20 touring caravan pitches with 20 static caravan pitches; the impact on the landscape of the area and on the Arnside & Silverdale AONB; and the biodiversity and geodiversity impact.

 

Lucy Barron, Manager of the Arnside & Silverdale AONB Partnership, addressed the Committee and stated that she was objecting to the proposal. She explained that there was a long established principle that a further static caravan development would be harmful to the character of the Arnside & Silverdale AONB and that the emerging AONB DPD articulated this. She went on to state that the proposal constituted a new static caravan development and AONB DPD policy AS11 stated that this would not be permitted and the policy also stated that proposal which replaced touring caravans with static caravans would not be permitted in order to protect the area. Ms Barron highlighted that the priority was protection of wildlife and its habitat and that there was a risk of a serious and detrimental impact on the AONB.

 

Mr Craig Russell, the applicant, addressed the Committee. He stated that Beetham Holiday Homes was a well-established holiday home park at the heart of the Arnside & Silverdale AONB and that, through conservation work, they had developed biodiversity on their land and cared for the geology, plant and animal life. He went on to explain that over the last 50 years his family had sought to be an exemplary park in regard to care for the environment, customer service and the quality of holiday homes provided. Mr Russell asked Members to support the proposals to convert 20 touring pitches to static holiday home pitches which would be more environmentally efficient. He stated that their track record of sustainable development and responsible management of the landscape was exemplary and that they aimed to provide an economical model for businesses in the industry. He explained that they had followed guidance of the Environment Agency, Natural England, local conservation bodies and that they had been supported by the Officers of South Lakeland District Council. In addition they had worked closely with the Woodland Trust, Butterfly Conservation and the Arnside and Silverdale Landscape Trust and that a number of societies used the park as a regular base for study visits and a recent geological survey had highlighted them as a good example of care for the landscape. He highlighted that Beetham Holiday Homes had partnered with the Royal Society for the Protection of Birds (RSPB) on a number of projects which had included an entry to the Kendal Torchlight Carnival in 2014. Mr Russell stated that he had spoken at RSPB conferences and he had served on the Arnside & Silverdale AONB Executive Board for the past 10 years and helped draw up the AONB’s Management Plans. Mr Russell went on to state that Beetham Holiday Homes carefully considered the impact of development on biodiversity and that he was proud to say that parts of the park, which had been developed, were much more diverse with native species of birds, moths, butterflies, mammals and amphibians which led to a richer natural environment. He concluded his address by stating if he had not been confident of the facts that he would not have developed the plans before Members today, the plans had been carefully crafted and he asked Members to support the application.

 

Kate Bellwood, the applicant’s agent, addressed the Committee. She informed Members that the pre-application process had started in July 2017 and had involved planning officers, the AONB, Natural England and Lancaster Planning Policy. She explained that detailed ecological, drainage and landscape reports showed no harm to the limestone or the landscape and she asked Members to support the recommendation to approve the application.

 

In further presenting the report, the Interim Development Management Team Leader referred to the site visit and highlighted the screened layout and that Members would have to decide if there would be geological and topographical harm. He advised Members that they should take into consideration the transitional period between the adopted Saved Local Plan Policy T5 and the emerging policy AS11 of the AONB DPD.

 

The Planning Officer and Interim Development Management Team Leader responded to questions raised by Members.

 

Members gave consideration to the immerging policy AS11 and to the size of the proposed bespoke static units. Members agreed that it was a well-run site and commercial development which worked hand in hand with looking after the environment whilst supporting the local economy.

 

RESOLVED – That the application be granted 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:

 

Drawing Number: 18291_PL01_01 Rev B

Drawing Number: 18291_PL01_02 Rev B

Drawing Number: 18291_PL01_03

Drawing Number: K856-01 A

All above received by the Local Planning Authority 02 Nov 2018

 

Drawing Number: K856-SLP

Drawing Number: K856-02

Drawing Number: K856-03

Drawing Number: K856-04

Drawing Number: K856/05

Drawing Number: K856/06

All above received by the Local Planning Authority 23 March 2018

 

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

 

PRIOR COMMENCEMENT

 

Condition (3)   Prior to the commencement of development a Construction Environmental Management Plan (CEMP) to cover the construction phase and a Biodiversity Enhancement & Management Plan (BEMP) to cover the post construction phase are required to be submitted and approved in writing by the Local Planning Authority.

 

Reason:           For the avoidance of doubt and in accordance with Policy CS8.4 of the South Lakeland Core Strategy.

 

Condition (4)   a)         No development shall take place until details of the implementation, adoption, maintenance and management of the sustainable drainage system have been submitted to and approved in writing by the Local Planning Authority.  Those details shall follow the surface water drainage strategy as set out in the Flood Risk Assessment and Drainage Strategy ref 'K34735/01/FRA/RH Issue A and shall include a timetable for its implementation and a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the effective operation of the sustainable drainage system throughout its lifetime.

 

b)         Before any caravan unit is occupied / the caravan unit is first brought into use, a validation report (that demonstrates that the drainage scheme has been carried out in accordance with the approved plan) must be submitted to the Local Planning Authority.

 

c)         The system shall be implemented and thereafter managed and maintained in accordance with the approved sustainable drainage details / plan. 

 

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 (5)   a)         The development shall not be occupied until amended details of foul water treatment as set out in the Foul Drainage Strategy ref CN 18291 have been submitted to and approved in writing by the Local Planning Authority.

 

b)         The development shall not be occupied until details of foul water treatment works have been provided on the site to serve the development.

 

c)         Before any caravan unit is occupied / caravan unit is first brought into use, a validation report (that demonstrates that the drainage scheme has been carried out in accordance with the approved plan) must be submitted to the Local Planning Authority.

 

d)         The approved works shall be retained as such thereafter.

 

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.

 

Condition (6)   Notwithstanding the submitted plans the size of the units shall not exceed the sizes as detailed within the twin units section of the Caravan Sites Act 1968. Plans shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of development.

 

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

 

Condition (7)   Prior to the commencement of development the construction methodology of the hereby approved 20 units shall be submitted to and approved in writing by the Local Planning Authority.

 

Reason:           To preserve the local environment and landscape in accordance with saved Policy T5 of the South Lakeland Local Plan and Core Strategy Policy CS8.2

 

Condition (8)   a)         Furthering the Arboricultural Impact Assessment prepared by Yew Tree and Gardens and received by the Local Planning Authority 27 November 2018. No site clearance, preparatory work or development shall take place until a scheme for the protection of retained trees (the Tree Protection Plan) and the appropriate working methods (the arboricultural method statement) in accordance with Clause 7 of British Standard BS5837 - Trees in relation to Construction - Recommendations has been submitted to and approved in writing by the Local Planning Authority. 

 

b)         The tree protection measures shall be carried out as described and approved and shall be maintained until the development is completed.

 

Reason:           These details are required to be approved before the commencement of development to ensure the protection and retention of important landscape features in accordance with Policy CS8.1 of the South Lakeland Core Strategy.

 

PRIOR SITING OF CARAVANS / DURING CONSTRUCTION

 

Condition (9)   If during construction works it is found that any pipework or other utilities have to cross over limestone pavement or levels need to be raised over limestone pavement, prior to development permission must be sought and approved in writing by the Local Planning Authority.

 

Reason:           To ensure that the methods used will not damage the limestone pavement in accordance with Policy CS8.4 of the South Lakeland Core Strategy.

 

Condition (10)Prior to the siting of the caravans samples of external surfaces and a scheme to ensure that the external surfaces shall be matt finishes and in an appropriately specified colour shall be submitted to, and approved in writing by, the Local Planning Authority.

 

Reason:           To preserve the local environment and landscape in accordance with saved Policy T5 of the South Lakeland Local Plan and Core Strategy Policy CS8.2.

 

Condition (11)Prior to the siting of the caravans, a scheme for the provision of external lighting shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include full details of the location, design, luminance levels, light spillage and hours of use of all external lighting within the site. The approved lighting scheme shall be implemented in full prior to first occupation of the development hereby approved.

 

Reason:           To preserve the local environment and landscape in accordance with saved Policy T5 of the South Lakeland Local Plan and Core Strategy Policy CS8.2.

 

Condition (12)A Phase One Assessment, with reference to gas protection, shall be presented to the Local Planning Authority for their approval.

 

Reason:           These details are required to be approved before the commencement of development to prevent harm to human health and the environment in accordance with National Planning Policy Framework.

 

 

Condition (13)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:           To safeguard the amenity of neighbouring occupiers in accordance with National Planning Policy Framework.

 

Condition (14)The development shall not proceed except in strict accordance with the mitigation strategy described in 'Ecological Appraisal' 'Report Reference 3460' prepared by Envirotech and deposited with the Local Planning Authority on 27 November 2018.

 

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 (15)The development shall not proceed except in accordance with the mitigation strategy described in section 5.7 'Mitigation' of the 'Landscape and Visual Appraisal’ prepared by Stephen Laws and deposited with the Local Planning Authority on 27 November 2018.

 

Reason:           For the avoidance of doubt and in accordance with Policy CS8.4 of the South Lakeland Core Strategy.

 

Condition (16)The caravans shall be sited in accordance with drawing number K856-01A.  Any material change to the position of a caravan, or its replacement by another caravan in a different location shall only take place following an agreement in writing with the Local Planning Authority.

 

Reason:           To preserve the local environment and landscape in accordance with saved Policy T5 of the South Lakeland Local Plan and Core Strategy Policy CS8.2.

 

PRIOR OCCUPATION

 

Condition (17)Prior to occupation of the hereby approved units additional interpretation packs to detail the significance of the local protected sites and the importance of the ecology of the limestone shall be made available to all new occupants of the hereby approved units and a copy of which is required to be submitted and approved in writing by the Local Planning Authority.

 

Reason:           For the avoidance of doubt and in accordance with Policy CS8.4 of the South Lakeland Core Strategy.

 

OTHER

 

Condition (18)No more than 20 caravans, as defined in the Caravan Sites and Control of Development Act 1960 and the Caravan Sites Act 1968, shall be stationed on the site at any time, as shown on drawing number K856-01A.

 

Reason:           To preserve the local environment and landscape in accordance with saved Policy T5 of the South Lakeland Local Plan and Core Strategy Policy CS8.2.

 

Condition (19)No caravan shall be stationed on the land other than within the area shown on drawing number K856-01A

 

Reason:           To preserve the local environment and landscape in accordance with saved Policy T5 of the South Lakeland Local Plan and Core Strategy Policy CS8.2.

Condition (20)The caravans shall not be occupied other than as holiday accommodation.  They shall not be used at any time as sole and principal residences by any occupants.

 

Reason:           To safeguard the local tourist economy in accordance with Policy CS7.6 of the South Lakeland Core Strategy.

 

Condition (21)The planning permission hereby granted is for the replacement of the 20 touring pitches within the site known as Beetham Holiday Homes with the 20 static units in the positions as detailed on drawing number K856-01A. The use of the touring pitches shall cease on the date which this application receives planning permission and no touring caravans shall be brought onto site. This shall be maintained at all times.

 

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

 

Condition (22)Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and re-enacting that Order with or without modification), the written approval of the Local Planning Authority shall be obtained for the placing of any overhead electricity service lines on the site.

 

Reason:           To preserve the local environment and landscape in accordance with saved Policy T5 of the South Lakeland Local Plan and Core Strategy Policy CS8.2.

 

Condition (23)Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and re-enacting that Order with or without modification), the written approval of the Local Planning Authority shall be obtained for the construction and siting of any buildings, structures, erections, motorhomes or touring caravans (whether temporary or otherwise) to be placed or parked on the site.

 

Reason:           To preserve the local environment and landscape in accordance with saved Policy T5 of the South Lakeland Local Plan and Core Strategy Policy CS8.2.

 

Condition (24)Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no fences, gates or walls shall be erected on site and no extensions to the caravans other than those expressly authorised by this permission without prior written approval of the Local Planning Authority.

 

Reason:           To preserve the local environment and landscape in accordance with saved Policy T5 of the South Lakeland Local Plan and Core Strategy Policy CS8.2.

 

Condition (25)Other than decking/ terrace/ balcony areas hereby approved on drawing numbers K856-02, K856-03, K856-04, K856/05 & K856/06 & K856-01A, no additional decking, storage sheds or aerials shall be permitted without the prior written consent from the Local Planning Authority.

Reason:           To preserve the local environment and landscape in accordance with saved Policy T5 of the South Lakeland Local Plan and Core Strategy Policy CS8.2.

 

Condition (26)No retained trees shall be cut down, uprooted, destroyed, pruned, cut or damaged in any manner within five years from the date of commencement of the development hereby approved, other than in accordance with the approved plans and particulars, without the prior written approval of the Local Planning Authority.  If any retained tree is cut down, uprooted, destroyed or dies another tree shall be planted [in a location to be agreed in writing with the Local Planning Authority] within the next available planting season and that tree shall be of a size and species that is first agreed in writing with the Local Planning Authority.

 

Reason:           To ensure the protection and retention of important landscape features in accordance with Policy CS8.1 of the South Lakeland Core Strategy.

 

In the exercise of its judgement in determining the appropriate balance of considerations, the Local Planning Authority has acted positively and proactively in determining this application proposal, taking into account all material considerations. Material considerations include planning policies and any representations that may have been received preceding the determination to grant planning permission in accordance with the presumption in favour of sustainable development as set out in the National Planning Policy Framework.  The Local Planning Authority is satisfied that its processes and practices are compatible with the Human Rights Act and the decisions of the European Court of Human Rights.

 

NOTE (1)        ADVICE FROM CONSULTEE TO BE SENT WITH THE DECISION NOTICE:

 

The applicant’s attention is drawn to the advice contained within the attached letter from the South Lakeland District Council Arboricultural Officer in respect of a Woodland Management Plan.


04/03/2019 - Planning Application No. SL/2015/1026 - Kirkby Lonsdale - Land off Pitt Lane, High Biggins ref: 4006    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 04/03/2019 - Planning Committee

Decision published: 12/04/2019

Effective from: 04/03/2019

Decision:

Erection of six affordable dwellings (Mr David Ireland).

 

The Planning Officer presented Planning Application No. SL/2015/1026 which sought full planning permission for six affordable dwellings at the western edge of High Biggins. He advised Members that the application had been presented to the Planning Committee in April 2018 and had been approved by Members, subject to the completion of a Section 106 Agreement to secure the delivery of the affordable housing. He explained that the application had been brought back to Planning Committee as further representations had been received in objection to the increase in the site area and the proposed drainage solution. The Planning Officer displayed plans and photographs which outlined the proposals and he informed Members that the further objections received had highlighted concerns regarding the effect of the development on the borehole, the route of the surface water pipe and the design of the surface water soakaway system and holding tanks. He went on to explain that the Lead Local Flood Authority considered that an infiltration method of disposal was achievable, however the applicant had only provided limited information on the proposed storage facility. The Planning Officer went on to advise Members that legal advice in regard of the borehole had been sought and this was a private issue between the applicant and the borehole owner. He concluded his presentation by reiterating to Members that the borehole was a private matter, the method of drainage was acceptable with the exception of the holding tanks, which would be covered by amended Condition 3, which would also condition surface water management and the disposal of sewage.

 

Mr David Welsh, a local resident and representing a number of local residents, addressed the Committee and displayed photographs. He stated that he was very concerned about the disruption of the water available to a borehole which supplied 11 dwellings in High Biggins. He explained that the surface water currently fell on a field which sloped towards and fed the borehole and that the field was the application site. Mr Welsh informed Members that he purchased his home in 1996 and took on the responsibility to supply 10 other houses in the hamlet of High Biggins, this was a non-profit enterprise which had been registered with the Inland Revenue.  He went on to explain that the water was quality tested annually and it had never failed. Mr Welsh informed Members that South Lakeland District Council (SLDC) reported that they had sought legal advice in respect of the water supply and the borehole and the advice received was that it was a private civil matter between the affected parties. He explained that he had also taken advice and had received contrary information which advised him that SLDC were facilitating the development by granting permission to develop and as a consequence bore a full duty of responsibility. Mr Welsh went on to highlight the issue regarding the removal of surface water which had resulted in a proposal for a drainage culvert under Pitt Lane and which would reduce the water available to the borehole and consequently the supply of water to 11 dwellings. Mr Welsh went on to request a legally binding financial indemnity from SLDC for compensation in the event that the water supply was disrupted. He highlighted concerns regarding the flood risk to already flood prone areas such as Low Biggins and Queen Elizabeth School. He stated that there was no need for affordable housing as the demand was adequately fulfilled by the new Oakfield Development, 600 metres away on the edge of Kirkby Lonsdale, where 27 of the 78 houses would be affordable. Mr Welsh concluded his address by asking Members to apply common sense to an application which had valid objections and legal questions and he informed the committee that should the application be approved there would be a Judicial Review.

 

Erica Wright, a local resident and on behalf of local residents Mr and Mrs Nichols, addressed the Committee. She informed the Committee that the protracted application had frustrated residents due to the continued lack of information and slow responses from the planning department. There was a genuine concern regarding the approach to affordability which was at loggerheads with what was reported. She clarified to Members that there had in fact been 14 letters of objection and no letters of support. She explained that the Committee was being asked to approve the installation of the surface water drainage system within a large area of open countryside and there was little idea as to the impact of the proposed scheme to the protected limestone pavement, the topography of the existing site and there was nothing in the current application which confirmed the foul water drainage route. She went onto explain that the new site boundary allowed the drainage across Pitt Lane into the adjacent field which contained the lower part of the limestone pavement that extended up to Hutton Roof and there were no detail as to how the pipe would be installed. Cumbria County Council had confirmed that they had not received information regarding the seasonally high ground water level at the proposed soakaway and she stated that the applicant had had three winters to produce the information and failed to do so. Ms Wright went on to explain that the seasonally high groundwater level was critical in assessing the amount of water the site would to be able to filtrate during the winter months, when the ground was sodden, and stated that if the ground was sodden the drainage water would create run off and cause problems elsewhere. She highlighted the existing issues in Low Biggins where water poured out of the field gate below the proposed site, across the A65 flooding the adjacent school buildings. She stated that storms were becoming regular events and without the critical water level information the drainage problem would be pushed down the hill to an area which was already at breaking point. She went on to inform Members that the seasonally high groundwater level detail also related to the proposed height and impact of the filtration soakaway, the base of which had to be one metre above the natural ground water level. In winter months if the water level was just below natural ground level, the soakaway would have to be built up over the existing landscape which meant it could be elevated two metres above the natural ground level and there had been no assessment of the impact of such a manmade feature. She informed Members that approval today would leave outstanding drainage issues to be controlled by conditions which would give locals no further opportunity to comment. Locals would have to live with the flooding and impact implications all of which seemed out of kilter with local and national policy, which demanded local involvement and support. She concluded her address by stating if the Committee was minded to approve the application they must ensure that all six houses were delivered together.

 

Mr John Moore, a local resident and on behalf of local resident Mr M Wright, addressed the Committee. He informed the Committee, as an architect with over 50 years’ experience, he objected in the strongest possible way to what was proposed and that it represented the worst design, in a rural context, that he had witnessed over the last 50 years and that those with responsibility had to accept the share of shame if the crude and ill-considered piece of planning was allowed to proceed. He stated that given the need to extend the site beyond what was initially intended, the Committee had the opportunity to review the integrity, need, design, opinion and impact of what was proposed. Mr Moore went on to highlight the information delays which had occurred in the earlier application and which, he claimed, caused further confusion and mistrust of the planning officers. He informed Members that following David Cooper’s appointment as South Lakeland District Council’s Development Management Team Leader, it was identified that the previous decision to approve was unsound and Mr Cooper had persuaded the objectors not to pursue a Judicial Review and that the application would be brought back to the Planning Committee. Mr Moore went on to explain that the mistrust was now perpetuated by lack of access to planning officers, unanswered questions and correspondence and he stated that a Judicial Review loomed large again. He informed Members that for the site to have been considered as a rural exception site, it must have satisfied five main issues which it did not and, just as important was the weight of local opinion which was clearly against the development. Mr Moore went on to highlight that the red line application extended the site area by 100% and the surface water drainage solution only kicked the problem into an area prone to flooding. The 300mm diameter pipe from Pitt Lane would deliver a massive volume of additional water to the soakaway system in a valley which already caused discharge and flooding elsewhere and it made no sense to add to an existing problem. He stated that the decision, in April 2018, to approve the application was wrong then and it was wrong now. It was not affordable housing and had the original application included the now extended red line it would have raised different objections. Mr Moore concluded his address by stating what was being considered by the Committee today should only be done in the context of the scheme as a whole, with the initial decision being revisited; that the application was not sustainable as affordable low cost housing and should the Committee accept that it was affordable housing that they should insist that the Section 106 Agreement be extended to include the provision that no dwelling shall be occupied until all six dwellings were completed.

 

Mr Peter Taylor, a local resident, addressed the Committee on behalf of himself and his wife, Judy Taylor. Mr Taylor stated that they both had serious concerns regarding the application to build six substantial detached houses which were described as affordable. He went on to outline their concerns which included: the fact that High Biggins was a hamlet of approximately 40 residences which had grown organically and that a single development of six houses would be out of scale with the locality and represented an increase of 15%; the proposed housing was described as affordable and was designed for families with children and as such would require access to local facilities in Kirkby Lonsdale and he and his wife felt that the issue of availability, problems of access and impact of road usage had not been properly considered. Mr Taylor outlined the access to High Biggins via narrow lanes with passing places and the volume of current traffic usage particularly at peak times. He went on to state that the addition of six dwellings would add to traffic movements and that the assumptions made by planning officers had been significantly underestimated. He highlighted that High Biggins was not served by public transport and the only accessible footpath ran via a wooded area and field and was often muddy and not suitable for parents with young children and pushchairs. Mr Taylor concluded his address by stating that planners had not properly taken into account the impact of the proposed development on road use and access to local facilities.

 

Councillor Mike Burchnall, the Deputy Chairman of Kirkby Lonsdale Town Council, addressed the Committee. He explained that at the meeting on 26 April 2018, despite a motion to refuse the application, the Committee resolved to approve the application subject to conditions. Subsequently officers determined that the decision had been unsound, hence today the application was before the Committee for further consideration. He stated that the Council’s Constitution was clear and stated that in such circumstances representations could only be made regarding new information however, it did not state that matters discussed previously could not be reconsidered in light of new information. Councillor Burchnall asked for clarification from the Solicitor and the Planning Officer on a number of issues: He asked if it was lawful for today’s Planning Committee, of which at most seven Members considered the application on 26 April 2018, to only consider the drainage aspects. He went on to state that there appeared to be a change in circumstances in regard of affordable housing since 26 April 2018 and he outlined the discrepancy in the discounted rate figures of 20% of open market value. He stated that Members needed clarity on the nature of affordable housing which was to be offered and confirmation that all six houses would be offered at the current Council rate of £122,683, as otherwise the houses were not affordable and in accordance with Council Policy. He highlighted that the proposed Section 106 Agreement was not clear and if the Committee decided to grant planning permission the Section 106 Agreement should ensure that all six houses would not be built piecemeal.

 

Mr Kim Tullett, the applicant’s agent, addressed the Committee. He informed Members that there was no affordable housing in High Biggins, the applicant lived in High Biggins and wanted to build the houses for his children and that the delay had caused angst to the applicant and his family. He stated that the houses were for those without money and that it was possible to build affordable housing which was detached and with a garden. Mr Tullett advised Members that the soakaway had been moved due to the concerns of neighbours and that the site was well drained, arable land. He stated that there was no problem regarding the borehole and that the officer recommendation was to approve the application and that conditions would cover all areas of concern raised. He concluded by urging the Committee to grant the application.

 

In further presenting the report, the Planning Officer informed Members that an additional letter of objection had been received and he outlined the objector’s concerns which echoed those already raised in particular the increase in traffic and heavy traffic movement and the detrimental impact on the borehole water supply.

 

The Interim Development Management Team Leader responded to concerns raised within the public participation address and to questions raised by Members. He advised Members that despite the change in membership, the Planning Committee remained the relevant decision making body. Members’ attention was drawn to Appendix 2 to the report which was a copy of the minutes of the meeting held on 26 April 2018. The Interim Development Management Team Leader stated that the design, principle, layout and the need for affordable housing were all considered at that meeting and he was comfortable advising Members that the issues for consideration at this Committee Meeting related to the method of surface water drainage and the increased site area. He clarified the guidance on affordable housing and stated that South Lakeland District Council had its own bespoke guidance. He advised Members that it was not possible to condition that all six dwellings be developed at the same time however, if necessary, a completion notice could be served in time following part implementation of the development, if circumstances warranted it.

 

The Solicitor to the Council advised Members that the Section 106 Agreement had been drafted and it secured the affordable housing price at £122,683 for a three bedroomed house. This figure had been agreed by the applicant. She went on to explain that there was no requirement for the six affordable houses to be built at the same time. However, the planning regime provided mechanisms that could be utilised to ensure the remaining properties were completed.

 

The Interim Development Management Team Leader, the Planning Officer, the Solicitor and the Solicitor to the Council responded to questions raised by Members. It was confirmed that, subject to submission of further holding tank details to the Local Lead Flood Authority, the proposed drainage system had been accepted. The affordable housing guidance was clarified and Members were advised that the current guidance had been adopted by the Authority. Members were reminded that legal advice in regard of the borehole had been sought and it was a private issue between the applicant and the borehole owner and was not a planning matter.

 

Members gave consideration to the provision of affordable housing and the housing opportunities currently available to local families and the location of the development.

 

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

 

Note – Councillor Kevin Lancaster requested that his vote against the motion to approve the application be recorded in the minutes.

 

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 and documents:

           Surface water drainage plan H1023,3,106 dated 29 July 2017.

           Drawing Number HT 1023.3. 102 Issue P02 Proposed site layout plan

           Site Location Plan

           Drawing Number HT 1023.3 103A Issue P Proposed dwelling house plot 1

           Drawing Number HT 1023.3 103B Issue P Proposed dwelling house plot 2

           Drawing Number HT 1023.3 103C Issue P Proposed dwelling house plot 3

           Drawing Number HT 1023.3 103D Issue P Proposed dwelling house plot 4

           Drawing Number HT 1023.3 103E Issue P Proposed dwelling house plot 5

           Drawing Number HT 1023.3 103F Issue P Proposed dwelling house plot 6

 

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

 

Condition 3:     a) Prior to the commencement of any development a surface water drainage scheme, with evidence of an assessment of the site conditions, shall be submitted to and approved in writing by the Local Planning Authority.

b) No surface water shall discharge to the public sewerage system directly or indirectly. 

c) The development shall not be occupied until the surface water management / and disposal of sewage has been implemented in accordance with the approved scheme.

d) Before any dwelling is occupied a validation report (that demonstrates that the drainage scheme has been carried out in accordance with the approved plan) must be submitted to the Local Planning Authority.

e) The approved works shall be retained as such thereafter.

 

Reason:           To ensure adequate provision can be made within the site with the detailed dwellings approved in accordance with Policy CS8.8 of the South Lakeland Core Strategy and saved Policy S26 of the South Lakeland Local Plan.

 

Condition 4:     a)         Prior to the erection of any superstructure full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority.  The details shall include:-

proposed details of the finishing and rebuilding of the drystone walls:

           proposed finished levels or contours;

           means of enclosure;

           car parking layouts;

           other vehicle and pedestrian access and circulation areas;

           hard surfacing materials;

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

           communications cables, pipelines etc. indicating lines, manholes, supports); and

           All external lighting. These shall include shall include full details of the location, design, luminance levels, light spillage and hours of use of all external lighting within the site.

 

Soft landscape works shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers / densities; and an implementation programme and management plan. 

b)         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 substantial 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 5:     a)         The development shall be screened by the planting of a suitable hedge/trees and / or bushes on the western boundary of the site the length and location details of which shall first be submitted to and agreed in writing with the Local Planning Authority before occupation of building hereby approved. 

b)         Any trees / shrubs and/or bushes 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.

c)         The hedgerow and / or bushes shall be permanently retained thereafter.

 

Reason:           To ensure that the character of the area is not adversely affected in accordance with Policy CS1.1 of the South Lakeland Core Strategy.

 

Condition 6:     The development shall not proceed except in accordance with the strategy described in the arboricultural report AH/ALA/180214(2) prepared by Treescape Consultancy Limited and deposited with the Local Planning Authority on 10 November 2015.

 

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 7:     Before any dwelling is first occupied visibility splays of 2.4m back from the edge of the highway by the full length of the site shall be provided at the site.  The visibility splays shall be retained at all times thereafter with no structure or plants exceeding 1m in height within the splay.

 

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

 

Condition 8:     a)         No superstructure shall be erected until samples and details of the materials to be used in the construction of the external surfaces of the development hereby approved have been submitted to and approved in writing by the Local Planning Authority. For the avoidance of doubt these include the render (including colour), stonework and slate. The stonework details shall include the method of jointing and coursing to be used.

b)         Development shall be carried out in accordance with the approved details 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 9:     a)         The external window and door frames shall be constructed of painted timber and recessed from the external wall face by a minimum of 100mm and moreover all the external window frames to be installed shall be constructed in accordance with details and specifications to be submitted to and approved in writing by the Local Planning Authority before any of the superstructure is erected.  The submitted details shall include materials detail, cross-sections of the window frames and their method of opening and their colour. 

b)         The windows shall be installed as approved and retained as such thereafter.

 

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 10:   Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no development of the type described in Class E Part One of Schedule 2 of that Order shall be undertaken without the express permission of the Local Planning Authority.

 

Reason:           To ensure any outbuildings are sensitive to the edge of settlement character and to ensure that there would be no effect on protected trees adjacent the site.


04/03/2019 - Planning Application No. BE/2019/0001 - Kendal - 10 Old Lound, Kendal ref: 4008    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 04/03/2019 - Planning Committee

Decision published: 12/04/2019

Effective from: 04/03/2019

Decision:

Prior approval for the erection of a single storey rear extension (Miss D Leather).

 

The Interim Development Management Team Leader presented Planning Application No. BE/2019/0001 which sought planning permission for prior approval for the erection of a single storey rear extension extending 3.6 metres beyond the rear wall of the original dwelling with a maximum height of 2.6 metres. He displayed plans which detailed the proposals and advised Members that the proposed extension met the required criteria and constituted permitted development.

 

RESOLVED – That the application be approved.


04/03/2019 - Planning Application No. SL/2018/1032 - Kendal - Land adjacent to the north side of Natland Mill Beck Lane ref: 4005    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 04/03/2019 - Planning Committee

Decision published: 12/04/2019

Effective from: 04/03/2019

Decision:

Erection of 26 residential dwellings including vehicular and pedestrian access (Oakmere Homes).

 

The Planning Officer presented Planning Application No. SL/2018/1032 which sought permission for the erection of 26 residential dwellings on open land including vehicular and pedestrian access. He referred to the site visit and displayed plans and photographs which detailed the proposal. Members’ attention was drawn to the late representation which had been circulated prior to the meeting and which clarified that in total there had been 196 representations received and not 50 as stated in the report.

 

The Planning Officer explained that a further written late representation had been submitted by Councillor Matt Severn and he read the content to the Committee as follows:

 

Natland Mill Beck field is an important open area that enhances biodiversity in an area choked by carbon emissions from nearby busy roads. It is an important 'soak' and flood plain for any effects of groundwater, rain or river flooding. It has a water source running through it, in the event of another storm like 2015 any houses built there would be at high risk of flooding, and also increase the risk of neighbour’s properties flooding. It is not in keeping with local area. It commands no support from nearby residents. Any vehicular access from Natland Road, over an old narrow bridge and down narrow roads past old houses with no pavement and no double glazing, would be deeply inappropriate, intrusive and also unsafe. It should be refused’.

 

Mr Andrew Thomas, a local resident and, on behalf of a number of local residents, addressed the Committee. He informed Members that he and local residents believed that the application was a totally inappropriate development in a greenfield open site and that similar plans had been turned down twice before. He went on to state that there were strong and material planning reasons why the application should be refused. He highlighted road traffic danger and concerns regarding the inadequacy of the access along Natland Mill Beck Lane, which was currently a virtually traffic free country lane, and stated that there was scepticism regarding the estimated increase in traffic movement on the lane and he outlined a more realistic estimate based on new households having two cars. Mr Thomas went on to highlight concerns regarding the effect on the environment and on the visual appearance of the area which included the historic boundary between Kendal and Natland, the lane, the farmhouse, the mill leat and the listed canal bridge. He informed Members that running a lighted footpath through amenity open space, cutting a new section of road through the field and a building a new footbridge across the beck along with a clutter of road signs, would urbanise the historic area and have a serious and detrimental impact on the area’s visual appearance. He went on to explain that Kendal Town Council’s Local Level Landscape Character Assessment 2011 specified the site as an area of medium/high sensitivity with its function being access; pasture; biodiversity; visual and private amenity and that the site was not just unallocated in the Local Plan but was demarcated as a green buffer on the edge of Kendal. Mr Thomas informed Members that the land allowed open views from the historic canal bridge at Natland Mill Beck Lane and that the open fields and space was enjoyed by walkers and cyclists. He highlighted serious concerns regarding the exacerbated risk of flooding and that United Utilities had raised concerns regarding surface water drainage. He went on to state that Natland Mill Beck was home to protected white-clawed crayfish and was a Site of Special Scientific Interest (SSSI) and there was a real risk of harm to the beck and its wildlife if the proposal was to go ahead. He informed Members that there were strong planning precedents against the application and that the Planning Inspector, in his report into the Land Allocation Document, considered Natland Mill Beck Lane as an unsuitable access and, at the 2006 Local Plan Inquiry, the land that wrapped round Helme Drive was allocated as ‘important local space’. Mr Thomas concluded his address by informing Members that the land was not allocated for housing, that there was no demonstrable need and it was important for Councillors to keep a grip on the land allocation document and that the development had been refused by the Members of the Planning Committee twice.

 

Mr Alan Rooke, a local resident, addressed the Committee. He asked the Members to vote on the facts and highlighted that the application had been refused twice before and that Kendal Town Council were calling for it to be refused for many reasons, including on the grounds that it was not allocated land. He stated that Kendal needed to preserve its green spaces, its history and wildlife. Mr Rooke went on to explain that Natland Mill Beck Lane was closed off to the through traffic and should remain so. He concluded his address by stating that these simple facts along with amount of opposition to the application spoke for themselves and that the application should be refused permanently.

 

Mrs Patricia Hovey, a local resident, addressed the Committee. She informed Members that she had lived in Kendal for over 60 years and spoke as a Kendal resident desperate for the application to be refused for a third time. She stated that there was little more she could add to what had already been said and questioned whether two refusals and 150 letters of objection were not enough to show that this was not the place for another development. Mrs Hovey referred to a report in the Westmorland Gazette where Oakmere Homes had ignored planning conditions on a site in Ulverston. She highlighted that the area was a Site of Special Scientific Interest and went on to state that those who had worked long and hard to draw up the Local Plan for housing in Kendal had omitted the site as quite unsuitable for development due to access and traffic problems. She explained that local residents looked at the site as a little field of rough grass, edged with mature trees with a stream running through and wished that the developer could see the site through the resident’s eyes and not as a piece of land on which to build charmless housing units. Mrs Hovey acknowledged the need for houses in Kendal but stated that there were sufficient sites identified within the Local Plan. She went on to highlight the historic value of the area, the old farm and cottages, the old corn mill, the bridge across the canal bed and the stone-walled leat and stated that all these would be gone forever if the developer got his way and straightened and widened the lane. Mrs Hovey concluded her address by highlighting the distress and heartache that would be caused to many people if the application was to be granted.

 

Kate Bellwood, the applicant’s agent, addressed the Committee. She explained that she had been present when the Committee had last considered the application and she was aware of their concerns, which had not been so much regarding the site and its suitability for housing but regarding the lane access. She stated that it was important to highlight that there were 19 existing properties using the lane, yet the objectors stated that it was a quiet and tranquil lane. If it was quiet and tranquil with 19 existing properties perhaps it would be the same with the new properties. She stated that people currently walking along the lane came into conflict with traffic and the new footpath through the field would provide a direct link from the canal bridge to Burton Road, which would be fully accessible and safe. The road changes were necessary but modest, pedestrians would use the path and traffic would be slowed and moved further away from the listed buildings. She informed Members that the historic leat would be repaired and cleaned and the field alongside the lane would remain. Only three houses would form the edge of the proposed development on the far side of the beck and the important amenity space would remain a green space. She concluded her address by informing Members that the application had a full allocation of affordable housing, she acknowledged that modest highway works were required but in return there would be public access to the amenity space and a fully accessible, safe path for everyone. The level of traffic was low and acceptable and there had been no objection from the highways department. The development was in accordance with policy and although any development brought change, Oakmere Homes had worked hard to find compromises.

 

In further presenting his report, the Planning Officer acknowledged the points raised by the public participants. He informed Members that the report conveyed that the principle of the development was sound and was in compliance with policy and that no objections had been submitted by statutory bodies. The Interim Development Management Team Leader informed Members that the refusal of the application in October 2017 had been subject to an appeal which was subsequently withdrawn by the applicant, with a view to the applicant and the planning department agreeing to alternative solutions to the issues which had arisen. He went on to explain that the land that was not allocated in the Development Plan Document but was within the settlement of Kendal and could, in principle, be developed and he advised Members to give due consideration to the fact that all technical matters had been addressed.

 

The Planning Officer and Interim Development Management Team Leader responded to questions raised by Members. In response to a query regarding land contamination from the old Gallowbarrow landfill site, the Planning Officer confirmed that a phase 1 contamination survey had been completed and the results were negative for contamination.

 

Members gave consideration to the likelihood of appeal if the application was to be refused, to the fact that Cumbria Highways Authority had only taken into consideration the technical highway safety measures and did not consider the aesthetic qualities and ecological impact of the historical environment. The Planning Officer advised Members that the Planning Inspector’s Report had identified Natland Mill Beck Lane as unsuitable access and that access from Natland Road would be less constrained and a realistic solution as it was straight, wider and a direct route. He concluded by advising Members to consider, on balance, how much harm would be caused and if this harm would be outweighed by the mitigation measures proposed and the affordable housing provision.

 

A motion to refuse the application based on the damage to ecology, the harm to the qualities of the area, the interference to the rurality and naturalness of the area and the severe impact on the highway was proposed.

 

Note - Following advice from the Solicitor, the Committee voted to adjourn the meeting at 11.09 a.m. to obtain further advice from the Interim Development Management Team Leader and legal advice from the Solicitor to the Council.  The meeting reconvened at 11.28 a.m. when the same Members were present.

 

It was proposed and seconded that the application be refused on the basis that it would harm the character and appearance of the country lane and lies within the setting of designated heritage assets and the harm caused by the development in this respect was not outweighed by the benefits.

 

RESOLVED – That Planning Application SL/2018/1032 be refused for the following reason:-

 

The proposed development, by virtue of the extent of permanent engineering operations to the lane required to facilitate safe access to and from the site, would harm the character and appearance of the area which has the character of a country lane and which lies within the setting of a number of designated heritage assets. The harm caused would not be outweighed by the benefits of the proposed development. The proposed development would thereby be contrary to policies CS8.2, CS8.6 and CS8.10 of the Core Strategy; policies DM1, DM2, DM3 of the Development Management Policies DPD, the saved policies S2, C15 and C16 contained within the Local Plan, and paragraphs 127, 130, 192, 193 and 196 of the NPPF

 

Note – The Committee voted to adjourn for a break at 11.32 a.m. and reconvened at 11.38 a.m. when the same Members were present.


11/04/2019 - Nomination to list Asset of Community Value ref: 4004    For Determination

Decision to be made on whether the Roxy Cinema and Laurel & Hardy Museum, Ulverston should be accepted as an asset of community value.

Decision Maker: Delegated Executive Decisions

Made at meeting: 11/04/2019 - Delegated Executive Decisions

Decision published: 12/04/2019

Effective from: 24/04/2019

Decision:

(Director of Customer and Commercial Services)

 

Summary

 

An application had been received from Ulverston Community Enterprises Ltd to list the Art Deco building, situated in the Centre of Ulverston and home to the Roxy Cinema and Laurel & Hardy Museum, as an asset of community value.

 

Section 88 of the Localism Act 2011 set out those uses of land which may result in a property being considered an asset of community value.  They were uses that furthered either the social wellbeing or social interests of the local community.  It went on to say that such use could not be an “ancillary use”.

 

The applicant had stated that the Roxy was the only cinema within the town and along with the museum, the asset was seen as an essential hub of community life in the town of Ulverston and beyond. Substantial evidence was submitted by the applicant to show that the asset furthered the social well-being and social interest of the community in various ways. In particular the museum which provided space for local community groups to host events and raise funds for vulnerable and disadvantaged members of the community. There was strong feeling from the local community and local businesses that the asset should be secured for the good of the town. However, concerns had been raised by local District Councillors regarding the ability to raise funds for purchase and the general poor state of repair of the building.

 

The applicant had submitted convincing evidence that the asset could realistically continue to be used for its current purposes, were they to take it on. The applicant also had a proven record in running the Coronation Hall and Ulverston Markets.

 

The Roxy Cinema and Laurel & Hardy Museum met the criteria to be accepted as assets of community value and the nomination was in the spirit of the legislation that gave communities a right to nominate assets.

 

Decision

 

That the Roxy Cinema and Laurel & Hardy Museum, Ulverston be entered onto South Lakeland District Council’s list of successful nominations of Assets of Community Value.

 

Reason for Decision

 

The ambitions of the Council Plan 2019 are as follows: ‘We will create opportunities for young people by using culture and built heritage to support our unique offer’; and ‘improve quality of life by working with communities to reduce isolation and loneliness’.

 

Alternative Options Considered and Rejected

 

As the nominated assets meet the requirement for listing as an Assets of Community Value, to decline the nomination would be in contravention of the legislation.

Wards affected: Ulverston East;

Lead officer: Tom Dugdale


28/03/2019 - Cumbria Public Health Strategy ref: 3998    Recommendations Approved

Decision Maker: Council

Made at meeting: 28/03/2019 - Council

Decision published: 10/04/2019

Effective from: 28/03/2019

Decision:

In the absence of Councillor Philip Dixon, Health and Wellbeing Portfolio Holder, Councillor Dyan Jones, Environment Portfolio Holder, presented the draft Cumbria Joint Public Health Strategy which was to supersede the existing South Lakeland District Council Public Health Strategy 2014-2019 as a Budget and Policy Framework document.

 

Councillor Jones reported that the draft Strategy had been presented to both the Overview and Scrutiny Committee and Cabinet by Councillor Dixon who had thanked all involved in its production.  Councillor Jones commended the Strategy as a fine example of collaborative working and stressed the potential for the Strategy to impact on more than just public health, highlighting its links with the issues of climate change and poverty.

 

The report indicated how officers with multi-disciplinary backgrounds and expertise from South Lakeland District Council (SLDC), the other district councils, Cumbria County Council and the Lake District National Park Authority had contributed to the writing and the shaping of specific thematic areas.

 

The Public Health Strategy sat under the Cumbria Joint Health and Wellbeing Strategy 2019-2029. This strategy was currently in production, and would be presented to the Cumbria Health and Wellbeing board in April.  This was a document which set out how the Health and Wellbeing Board would work together over the next ten years. All Clinical Commissioning Groups, local authorities and NHS England plans would need to take the Joint Health and Wellbeing Strategy into account.

 

The vision of the Cumbria Joint Public Health Strategy was to, “enable Cumbrian communities to be healthy and to tackle health inequalities.”  This corresponded with the existing SLDC Public Health Strategy, and the proposed Health and Wellbeing Strategy.

 

The Cumbria Joint Public Health Strategy took a different approach to previous public health strategies as, instead of focusing on individuals, it acknowledged the conditions in which a person was born, lived, worked and how ages impacted on their access and ability to live a healthier life.  These were known as the wider determinants of health, and included housing, education, employment, working conditions, the natural environment, food production and water. These were incorporated into Figure 1 of the report – the wider determinants of health and how SLDC interacts with these different layers. Estimates varied, however, it was broadly accepted that health care was accountable for approximately 10% of the contribution to health.  This meant that, whilst access to good quality health care was very important, health was primarily determined by socio-economic factors.

 

The framework of the Strategy was based on the “Five Capitals Model,” which included the following:-

 

·         Natural Capital (Planet): A high quality natural environment that provides opportunities for engagement with the natural world.

·         Human Capital (People): People with the skills, knowledge, and experience that give them the capacity to take part in society and have meaningful and fulfilling lives.

·         Social Capital (Participation): A good social infrastructure, with networks and institutions that allow people to connect to each other.

·         Physical Capital (Place): A good physical infrastructure including housing, transport, and a commercial environment that promotes healthy behaviours.

·         Financial Capital (Prosperity): Adequate financial resources that are fairly distributed.

 

This Strategy provided a strong framework which demonstrated the cross cutting nature of the work undertaken by SLDC.  Adopting this strategic approach would improve the Council’s contribution to promoting, enabling and providing services which improved the health of its communities.

 

The Joint Cumbria Public Health Strategy correlated strongly with the developing SLDC Council Plan.  The major themes were: health and environment; housing and communities; and economy and culture.  These had all been incorporated within the Strategy.  It also included sub themes of reducing inequality and sustainability, which were strongly embedded within the Strategy document.

 

The report detailed the key topics and aims within the Strategy and how SLDC contributed to them.

 

The current SLDC Public Health Strategy was for the time period 2014-19, and therefore expired this year.  The new Joint Cumbria Public Health Strategy had been co-written by SLDC, the other Cumbrian local authorities and other partners.  This Strategy provided a well-developed framework for actions on the wider determinants of health.  It included many aims which correlated with SLDC’s own Council Plan.  Due to its wider determinants focus, it was felt to be an appropriate strategy for a district council to adopt.

 

Implementation of the Strategy would require a collaborative cross-organisational approach, bringing together different sectors and specialisms.  Following adoption, SLDC together with other local authorities would work with partners on developing an approach to implement the Strategy.  If this was to be through the Health and Wellbeing Forums, then a review of this group would need to take place.  A South Lakeland-based group setup around this Strategy framework would need to mirror the different aspects of health which were included in the Strategy.

 

Councillor Jones, expressing thanks to all involved, moved that the draft Cumbria Joint Public Health Strategy be adopted as part of the Council’s Budget and Policy Framework.  She was seconded by Councillor Vicky Hughes.

 

Councillor Janette Jenkinson expressed the Opposition Group’s support for the Strategy, also thanking those involved in its production, including Colin Cox, Director of Public Health, who had led on the creation and development of the document, for his excellent presentation to the Overview and Scrutiny Committee.  She felt that what was key was prevention of poor health and the need to engage with and encourage people to lead longer, healthier lives.  She drew attention in particular to address the issue of social isolation.  Councillor Jenkinson stressed the importance of taking action in order to achieve the aspirations of the Strategy.

 

Councillor Vivienne Rees, who had been a Member of the Council since 2006 and would not be standing for election in May and so was attending her last Council meeting, spoke passionately on the issue of health provision in rural areas which she felt to be neglected.  She pointed out that there were fewer outreach clinics, meaning that patients were forced to travel to Kendal, and was of the opinion that this was due to the fact that the providers did not understand the transport problems faced by those living in rural areas.  In addition, she highlighted the detrimental impact of poor public transport provision in rural areas on education, with over 16 year olds having to pay for their fares.  Councillor Rees also referred to the unavailability of broadband in parts of the Langdales, as well as the lack of a playground in that area, although acknowledging the fact that South Lakeland District Council was building play areas.  She was proud, however, to commend one of the two Locally Important Projects currently being funded by the Council in Grasmere, offering a trim trail and activities for the young and elderly alike.  Councillor Rees emphasised the fact that there were areas within South Lakeland where people were at a disadvantage due to their age.  In closing, she stressed the need for communities to continue to strive for services within their areas.

 

Councillor Peter Thornton highlighted the importance of the District Council’s part in delivering on parts of the Strategy.  He drew attention to the links within the Strategy to climate change and to the things being done by the Council to address this issue.  He pointed out the need to encourage people to live healthier lives and to the need to ensure that all had equality of opportunity.  Councillor Thornton also stressed the importance of provision for safe cycling routes.

 

Councillor Roger Bingham highlighted the crucial support offered by voluntary organisations with regard to public health and, in particular, that offered by churches and faith groups.  He also drew attention to the need for those groups to have an understanding of what services were offered by the District Council.

 

Councillor Giles Archibald, Leader and Promoting South Lakeland Portfolio Holder, commended the Strategy and was pleased that there appeared to be cross-party support, stressing the need to work collegially moving forward in its implementation.  He drew attention to an error on page 39 of the agenda and pointed out that the County was not committed to carbon neutrality by 2030, the international target date for this being 2050.  Councillor Archibald further stressed the need for consciousness with regard to biodiversity.  He thanked those who had spoken and added that Councillor Rees’ passionate contribution to discussions would be missed.

 

Councillor David Williams queried the meaning of “blue space infrastructure”.  He was disappointed to note the percentage of population with no qualifications, at 15.3% higher than the national average, with areas of the coastal belt as high as 17.6%.

 

Councillor Anne Hall endorsed Councillor Jenkinson’s comments and stressed the need for the Strategy to be implemented.  She also spoke about the problems associated with social isolation and, for example, the need for those awarding public transport contracts to understand the impact on communities and to work collaboratively to ensure that this was dealt with in an appropriate manner.  She informed Members that she would be inviting Councillor Philip Dixon, Health and Wellbeing Portfolio Holder, to Coniston, to discuss such issues.  Councillor Hall was pleased to announce that the Ruskin Museum had gained full accreditation again.

 

Councillor Graham Vincent, Economy and Assets Portfolio Holder, felt that the Cumbria Public Health Strategy was similar to South Lakeland’s current Strategy, although somewhat fuller.  He acknowledged that it included a lot of key aims, however, there were no key commitments.  Councillor Vincent highlighted the major benefits to be gained from the voluntary sector which absorbed a large amount of statutory health services.  He expressed disappointment in the news that South Lakeland MIND was to close and stressed the need to offer support to third sector organisations in order for them to maintain their services which alleviated the burden on statutory authorities.  Councillor Vincent hoped that the Strategy would be driven and implemented.  He further reminded Members of the importance of culture which, he felt, should be treated as a necessity, highlighting the fact that South Lakeland was blessed with a strong cultural offer.

 

The Development Strategy and Housing Manager provided clarification with regard to Councillor Williams’ query, explaining that “Blue Space Infrastructure” referred to water features such as lakes and rivers.

 

Following discussion, it was unanimously

 

RESOLVED – That the draft Cumbria Joint Public Health Strategy be adopted as part of the Council’s Budget and Policy Framework.


28/03/2019 - Senior Management update and appointment of Interim Monitoring Officer ref: 4001    For Determination

To receive an update on the senior management recruitment and to consider appointment of an Interim Monitoring Officer

Decision Maker: Council

Made at meeting: 28/03/2019 - Council

Decision published: 10/04/2019

Effective from: 28/03/2019

Decision:

The Chief Executive presented the report which indicated that, as part of the new Senior Management Structure which was being implemented from 1 April 2019, and as approved by Council on 10 October 2018, it had been agreed that the role of Monitoring Officer would move to sit with the Legal, Governance and Democracy Lead Specialist.  Transitional arrangements saw the Council’s current Monitoring Officer leave the Council on 31 May 2019.  Recruitment to the new role was ongoing and, in order to ensure that the Council had appropriate governance arrangements in place from 1 June 2019, it was requested that Members approve the appointment of an Interim Monitoring Officer pending the outcome of the recruitment process.

 

The Director of Strategy, Innovation and Resources would be taking up his new position from 1 April 2019 and it was proposed that David Sykes be appointed Interim Monitoring Officer, from 1 June 2019, unless or until the post of Legal, Governance and Democracy Lead Specialist (Monitoring Officer) was recruited to in the meantime.  It was further proposed that external support be sought on a temporary basis to assist with the requirements of this role and the Monitoring Officer functions, and to provide any necessary support to Council, Cabinet or committees, as required.  Subject to this appointment, the Interim would appoint a Deputy Monitoring Officer to act in his absence.

 

The report also drew attention to the fact that the senior management roles of Operational and Specialist Leads had progressed and that the successful candidates had been confirmed, as detailed in Appendix 1 to the report.

 

In presenting the report, the Chief Executive was pleased to inform Members that the Programme was running in accordance with the timetable and within the agreed budget parameters.

 

He reminded Members that the Customer Connect Programme had been designed to improve the Council’s systems, providing more self-service options for its residents and to reduce processes to free up staff to assist the Council’s most vulnerable communities.

 

The Chief Executive took the opportunity to congratulate all the successful internal appointees to the Leadership Team; this had been an excellent demonstration of the existing talent within the Council.

 

The Chief Executive provided further details with regard to the recruitment for the role of Legal, Governance and Democracy (Monitoring Officer), explaining that the position had been advertised externally, having closed in the previous week.  Shortlisting was taking place and interviews would be held mid-April.  Interim measures had also been agreed to support the Director of Strategy, Innovation and Resources between the existing officers leaving and the new lead commencing.  Interviews for an experienced interim Lead Officer, to include the expertise of the Monitoring Officer function, would be taking place on 3 April 2019.  Candidates had already confirmed their availability to commence work, ensuring continuous cover.

 

The Chief Executive reported that, this week, the interview process for the next two tiers in the operating model, namely Specialist and Case Management, had been finalised.  The new Leads were currently finalising who will be successful in the various posts and would be in a position to confirm appointments within the coming weeks.  He thanked all those who had been involved in the first phase of recruitment.

 

The Chief Executive explained that the Voluntary Redundancy process had been completed, with 20 successful applications, and the costs all contained within the agreed budget.  The leaving dates of those staff have been agreed on an individual basis to ensure a successful transition and continuation of business.  There was, thus far, have one possible compulsory redundancy.  The Customer Connect Business Case had estimated a reduction in employee numbers of 43.  Vacancies continued to be managed, with natural turnover and use of fixed term contracts mitigating against the need for compulsory redundancies.  It was expected, through vacancy management and the management of temporary posts, in addition to the approved voluntary redundancies, that a significant contribution would be made in meeting the forecast reduction.

 

The planning and implementation of Phase 2 of the Programme was now underway.  In April, there would be several staff roadshows which were designed to provide employees with details of top level information to prepare them for Phase 2 consultation, which was due to commence on 7 May 2019.  There were also further workshops planned for Members after the elections in May.

 

The Customer Connect Programme had been focusing on the future organisation, job role design, employee change, resilience and recruitment which would continue throughout Phase 2.  Focus was now being placed on planning transition and moving the organisation and activities to the new operating model.  This work would identify and deliver the organisational development requirements, ensuring the Council had the necessary skills and knowledge required for the transition and operation in the new model and would fully involve the support and engagement of the Leadership Team as they now embarked on their future journey in the new operating model.  The Chief Executive wished to place on record his thanks to all those staff, and councillors, who had led and contributed to a well-managed programme.

 

The Chief Executive took the opportunity to say a few words about those staff members who had taken the personal decision to leave the organisation and to move to pastures new, wishing them all a happy and healthy future.  In particular, he paid personal thanks to the Director of Policy and Resources (Monitoring Officer), Debbie Storr, and the Assistant Director Resources (Section 151 Officer), Shelagh McGregor.  They had been a key part of the organisation’s success over the past years and their dedication, professionalism and knowledge had been put to good use during that time.  Indeed, they were both ensuring that they left the Council in good hands through an orderly exit.  He felt sure that all of their colleagues would join him in showing their gratitude for their public service and wishing them well in their future endeavours.

 

Councillor Giles Archibald, Leader and Promoting South Lakeland Portfolio Holder, was impressed with the thorough process that had been followed and at the depth of talent revealed.  He added his thanks to Debbie Storr for her work; Debbie was the first officer that newly-elected Members met and all were impressed with the way in which she managed elections.  Councillor Archibald also commended Shelagh McGregor’s outstanding work and advice on finance.  Both Debbie and Shelagh were outstanding professionals, dedicated, reliable and enthusiastic and Councillor Archibald thanked them for their service.

 

Councillor Jonathan Brook, Deputy Leader and Housing, People and Innovation Portfolio Holder, moved the recommendations contained within the report, also paying tribute to those Members and officers involved for their significant contribution to Programme.  He added thanks to the Solicitor to the Council for her work.  On behalf of Members, Councillor Brook thanked those who had taken the opportunity to apply for new roles.  He referred to the changes being implemented through the Customer Connect Programme, a process which had not been engaged in lightly, and pointed out that there were still major changes to come.  He looked forward to the end of the process and, in the meantime, thanked all staff for their engagement.

 

Councillor Ben Berry seconded the motion and it was, unanimously

 

RESOLVED – That

 

(1)        the appointments to the senior management roles of Operational and Lead Specialists, as detailed in Appendix 1 to the report, be noted; and

 

(2)        David Sykes by appointed as Interim Monitoring Officer, with effect from 1 June 2019, pending recruitment to the position of Legal, Governance and Democracy Lead Specialist (Monitoring Officer).

Lead officer: Debbie Storr


28/03/2019 - South Lakeland Local Plan Development Management Policies Development Plan Document (DPD) and Arnside and Silverdale Area of Outstanding Natural Beauty DPD Inspector's Report and Adoption ref: 3999    For Determination

This report seeks Council resolution to adopt the Development Management Policies DPD and Arnside and Silverdale AONB DPD as part of South Lakeland's Local Plan.

Decision Maker: Council

Made at meeting: 28/03/2019 - Council

Decision published: 10/04/2019

Effective from: 28/03/2019

Decision:

Note – Councillor Roger Bingham declared a non-pecuniary interest in this item of business by virtue of the fact that he was he was a member of the Arnside and Silverdale Area of Outstanding Natural Beauty Landscape Trust.  He remained in the Chamber and took part in the discussion and voting on the item.

 

Councillor Jonathan Brook, Deputy Leader and Housing, People and Innovation Portfolio Holder, presented a report seeking a Council resolution to complete the current Local Plan for the District (outside national parks) by adopting the final two elements, the Development Management Policies Development Plan Document (DM DPD) and the Arnside and Silverdale AONB Development Plan Document (AONB DPD).  These would join the Core Strategy, Land Allocations, Community Infrastructure Levy (CIL) Charging Schedule and adopted Neighbourhood Plans as the main elements of the District’s Local Plan.  Adoption would result in the replacement of the remaining saved policies in the old South Lakeland Local Plan (1997/2006), providing a suite of up-to-date policies, drive high quality development and provide a solid basis for the development of a future replacement plan. Each DPD had been subject to consideration by the Planning Inspectorate.  Adoption was recommended following the receipt of the Inspector’s Reports into the examination of each DPD, confirming their soundness, subject to a number of modifications, full details of which were contained within the report.

 

For the district as a whole (outside the National Parks), the new DPDs would help ensure the delivery of sustainable forms of new development that supported the needs of South Lakeland’s communities and contribute to the protection and enhancement of the district’s environmental qualities.  For the AONB, the DPD would ensure that new development, including new housing, would be delivered in a way that more closely reflected both local needs and the special qualities of the nationally designated landscape.

 

The decision before Council was whether to adopt the DPDs subject to the modifications which had been recommended by the Inspector, as detailed within the report.  The Council could not adopt the DPDs in part or make substantive modifications.  If the Council decided to adopt the DPDs, they would become Council policy and have development plan weight in determining planning applications, as well as ensuring that the Council had a robust and up-to-date local plan.

 

The AONB DPD had been adopted as part of the Local Plan for Lancaster District 2011-2013 by Lancaster City Council on 13 March 2019.

 

Subject to adoption of the DPDs by Council, there would be a six week period from the date of adoption during which a legal challenge to the decision to adopt the plans may be made.  Following a resolution to adopt the DPDs, the Council would have to publicise the decision to adopt the documents in accordance with the relevant regulations 26 of the Town and Country Planning (Local Development) (England) Regulations 2012).

 

Details with regard to the extensive consultation that had taken place in respect to the preparation of both DPDs were included within the report.

 

In moving the recommendations contained within the report, Councillor Brook publically recognised the huge amount of work carried out by officers in this complex piece of work and acknowledged the contribution made by local councillors, communities and partner organisations.  He felt that the Council had been criticised by some for its rigorous approach, however, pointed out that this was a uniquely beautiful natural environment and that it was imperative that the Council’s Development Management policies reflected the importance that the Council placed on its stewardship of this precious and limited resource across the whole area of South Lakeland.  Councillor Brook was pleased to announce that the Local Plan was now complete, adding that work would now start in earnest on the next one.

 

Councillor Pete McSweeney, seconding the motion, expressed thanks to officers for their work and, in particular, the Director People and Places, praising this fine example of localism at work.  He also thanked David Porter, a Senior Planning Officer at Lancaster City Council, for his part in the development of the AONB DPD.

 

The Chairman took the opportunity to welcome David Porter and also commended the work carried out by the Principal Development Plans Officer.

 

Councillor Roger Bingham expressed disappointment, suggesting that the AONB boundaries were not wide enough.  He referred to the beauty, wildlife and salt marshes bordering the AONB which had been left open to the potential for insensitive development and appealed for regard to ensure that this area was not spoilt.

 

Councillors Mark Wilson, Matt Severn and Chris Hogg all spoke in support of the documents, Councillor Chris Hogg also highlighting the important role of the Conservation Officer and that of his counterpart at Lancaster City Council in their production.

 

It was unanimously

 

RESOLVED – That

 

(1)        the Development Management Policies Development Plan Document, as attached at Appendix 3 to the report, be adopted as part of the District’s Development Plan (outside the National Parks);

 

(2)        the Arnside and Silverdale Area of Outstanding Natural Beauty Development Plan Document, as attached at Appendix 4 to the report, be adopted as part of the District’s Development Plan (outside the National Parks); and

 

(3)        it be noted that the necessary measures will be undertaken to publicise adoption of the Development Plan Documents at (1) and (2) above in accordance with national legislation.

Wards affected: Arnside & Milnthorpe; Bowness & Levens; Broughton & Coniston; Burton & Crooklands; Cartmel; Furness Peninsula; Grange; Kendal East; Kendal North; Kendal Rural; Kendal South & Natland; Kendal Town; Kendal West; Sedbergh & Kirkby Lonsdale; Ulverston East; Ulverston West;

Lead officer: Damian Law


28/03/2019 - Notice of Motion ref: 4003    Recommendations Approved

Decision Maker: Council

Made at meeting: 28/03/2019 - Council

Decision published: 10/04/2019

Effective from: 28/03/2019

Decision:

In accordance with Paragraph 11.1 of the Council’s Rules of Procedure, the following notice of motion had been put to Council by Councillor Roger Bingham:-

 

“(1)      The Council notes reported concerns that the K Shoes heritage artefacts may be taken away from Kendal; and

 

(2)        The Council should consider ways to preserve this important Local History collection in Kendal or the immediate district.

 

In presenting the motion, Councillor Bingham explained the importance of the world-famous K Shoes brand to the economy of Kendal.  He expressed strong concerns about the future of the collection of artefacts which were currently housed and on display at the K Village site and referred to rumours regarding plans for the collection to be dispersed to other parts of the country.  He raised the need to ensure that this aspect of Kendal’s heritage was cared for and asked Council’s support for this aspect of social history to be preserved.

 

Councillor Robin Ashcroft, Culture and Leisure Portfolio Holder seconded the motion, highlighting in addition the national importance of the collection.  He explained that the artefacts formed a private collection and that any future home was likely to be in a destination independent from the Council, whose role was as an influencer and facilitator.  Likewise, the former K Shoes site was a private and commercial operation needing to maximise return on the floor space.  There were currently three collections which were being centralised by the Alfred Gillet Trust in Somerset.  However, a few larger items remained in Kendal.  The Trust was currently conducting conditioning work and archiving and was content to store the collection until a suitable home could be found in the Kendal area.  Critically, Clarks had confirmed that they were happy for the collection to return to and reside in Kendal.  There was, however, insufficient space to display the collection in Clark’s new shop in the Westmorland Shopping Centre.  Discussions were ongoing regarding a future home for the collection.  Councillor Ashcroft suggested that South Lakeland District Council’s role was to work in partnership with other stakeholders who would be better placed to take the lead role, for example Kendal Town Council.

 

Councillor Brian Cooper referred to a recent meeting of the Planning Committee at which, he said, Members had been assured that the artefacts currently situated at the K Shoes Village site would be moved to another location in Kendal.

 

Councillors Peter Thornton, Chris Hogg, Matt Severn and Sheila Capstick all spoke in support of the motion, referring to past memories and stressing the importance of the brand to the economy and tourism.

 

RESOLVED – That the motion be carried as submitted.


28/03/2019 - Appointment of Returning Officer and Electoral Registration Officer ref: 4000    For Determination

To ensure that the Council has a duly appointed Returning Officer and Electoral Registration Officer for South Lakeland District Council

Decision Maker: Council

Made at meeting: 28/03/2019 - Council

Decision published: 10/04/2019

Effective from: 28/03/2019

Decision:

The Director of Policy and Resources (Monitoring Officer) presented a report informing Members that, following changes to the leadership structure which were being implemented from 1 April 2019 and with the existing Returning Officer leaving the Council on 31 May 2019, it was proposed that Simon McVey, who would be taking on the role of Operational Lead Support Services from 1 April 2019, be appointed Returning Officer and Electoral Registration Officer with effect from 1 June 2019.

 

The report further recommended that Tom Benson be confirmed as Deputy Electoral Registration Officer.

 

The Director of Policy and Resources (Monitoring Officer) drew attention to the fact that, although both the Returning Officer and Electoral Registration Officer and Deputy were officers of the Council, the roles of the positions formed a personal responsibility, independent and separate from their duties as employees of the Council.

 

In moving the recommendations contained within the report, Councillor Jonathan Brook, Deputy Leader and Housing, People and Innovation Portfolio Holder, explained that there were three items on the agenda that arose as a result of the ongoing roll out of the Customer Connect Programme.  He stressed the significance to the Council of the Programme, which was entering a crucial stage, and that this was reflected in the changes to staffing, structure and the Constitution, as set out within the papers.

 

Councillor Brook took the opportunity to pay tribute to the current Returning Officer and Director of Policy and Resources (Monitoring Officer) who would shortly be leaving the employment of the Authority and whose imminent departure gave rise to this particular agenda item.  Debbie Storr had played a key role at South Lakeland District Council for the last 20 years.  She had steered a successful course through hundreds of meetings and many elections during her time at the Authority.  Councillor Brook was personally grateful for Debbie’s support and input during his time as Council Chairman and Cabinet Member and highlighted the fact that other chairmen, leaders, Cabinet Members and councillors had been similarly well supported over the years.  Debbie had been a great servant and ambassador for the Council.  Councillor Brook thanked Debbie for her work, and pointed out that she left a strong legacy.  He wished her well for the future.

 

As the Council moved into a new era, on behalf of Members, Councillor Brook congratulated Simon McVey and Tom Benson on their appointments.

 

Councillor Giles Archibald, Leader and Promoting South Lakeland Portfolio Holder, seconded the motion.

 

The Chairman and Councillors Matt Severn, Janette Jenkinson and Brian Cooper all echoed Councillor Brook’s words of appreciation for Debbie Storr’s support and commitment.

 

The Director of Policy and Resources (Monitoring Officer) confirmed that the roles of Returning Officer and Electoral Registration Officer were distinct from that of the Legal, Governance and Democracy Lead Specialist (Monitoring Officer).

 

It was unanimously

 

RESOLVED – That

 

(1)        Simon McVey be appointed, with effect from 1 June 2019, as the Returning Officer and Electoral Registration Officer for South Lakeland District Council; and

 

(2)        Tom Benson be confirmed as Deputy Electoral Registration Officer.

Lead officer: Debbie Storr


28/03/2019 - Annual Review of the Constitution ref: 4002    For Determination

To consider the annual review of the constitution, which includes changes being implemented through the customer connect programme

Decision Maker: Council

Made at meeting: 28/03/2019 - Council

Decision published: 10/04/2019

Effective from: 28/03/2019

Decision:

The Director of Policy and Resources (Monitoring Officer) presented a report on the Annual Review of the Constitution. She informed Members that one of her duties as Monitoring Officer was to monitor and review, on an annual basis, the operation of the Constitution to ensure that its aims and principles were given full effect.

 

Appendix 1 to the report set out proposed changes that had come through the review which Council was asked to approve. 

 

With regards to Customer Connect and the new operating model and structure of the Council, new arrangements were to be implemented from 1 April 2019, as shown at Appendix 4 to the report.  This required a review of the Council’s Delegation Scheme and Proper Officer appointments.  As had been reported to Council in February, some transitional arrangements had been made to ensure that the Council had the appropriate governance arrangements in place throughout the change.

 

Following the changes to the management structure approved by Council on 10 October 2018, the Monitoring Officer role would sit with the Legal, Governance and Democracy Lead Specialist, who would take on the function of Monitoring Officer following the departure of the Director Policy and Resources(Monitoring Officer), with effect from 1 June.  That post was currently being recruited to and a report elsewhere on the agenda dealt with interim arrangements for Monitoring Officer.

 

The Finance Lead specialist, Helen Smith, would take on the function of Section 151 Officer and it was intended that this function would transfer from 1 April 2019 with support from the Assistant Director (Resources) continuing until 31 May 2019 for the close down of the 2018/19 accounts.

 

Appendices 2 and 3 to the report updated the required changes to the designations within the Delegation Scheme arising from the new leadership structure and operating model.  The changes to Cabinet delegations had been reported to Cabinet at its meeting on 20 March 2019.  Changes to the Planning Committee delegations had been approved and recommended by the Planning Committee at its meeting on 4 March 2019, shown within Appendix 1 to the report, together with the proposed revision to add clarity to the Public Participation at Planning Committee, shown at Appendix 5 to the report.

 

With regards to the Proper Officer appointments at Appendix 3 to the report, the Monitoring Officer functions would transfer to the Legal, Governance and Democracy Lead Specialist on 1 June 2019, subject to any interim arrangements which may be necessary.  The designation of the Data Protection Officer had also now been included within these appointments which would sit with the Senior Specialist, Performance, Innovation and Commissioning.  A separate report on the agenda dealt with the appointment of the Returning Officer with effect from 1 June 2019.

 

The Director of Policy and Resources (Monitoring Officer) informed Members that the delegations would be kept under review as the Council moved through the implementation stages.

 

Members, officers, parish councils and the public had been consulted as part of the annual review of the constitution.  The Audit Committee, at its meeting on 5 December 2018, had made some recommendations with regard to the contract and financial procedural rules which had been approved by Council on 18 December 2018.

 

One representation had been received from a member of the public with regard to the membership of the Independent Remuneration Panel (IRP).  This fell outside of the review of the Constitution.  The IRP membership had last been considered by Council in December 2017, with the current criteria taking effect from 1 January 2018.  The representations received would be referred through to the IRP for consideration as part of any further review of the IRP membership.

 

Councillor Tom Harvey welcomed the clarity provided with regard to speaking times for Public Participation at Planning Committee.

 

Councillor Jonathan Brook, Deputy Leader and Housing, People and Innovation Portfolio Holder, moved the recommendations contained within the report, was seconded by Councillor Mark Wilson and it was unanimously

 

RESOLVED – That

 

(1)        the amendments to the Constitution, as detailed at Appendix 1 to the report, be approved;

 

(2)        the updated Cabinet delegations be noted and approval be given to the changes to the Council’s Scheme of Delegation, and delegation to officers, as set out within Appendix 2 to the report, following the implementation of the new leadership structure, with effect from 1 April 2019, subject to the transitional arrangements set out at (3) below;

 

(3)        the Proper Officer appointments as set out within Appendix 3 to the report be confirmed, subject to the agreed transitional arrangements which see the functions of Monitoring Officer transfer from 1 June 2019, and any interim Monitoring Officer arrangements, as detailed above and in paragraph 3.4 and 3.5 of the report; and

 

(4)        it be noted that the Monitoring Officer will make any necessary additional consequential changes to the Constitution to take account of these changes and that any further update will be notified to Members.

Lead officer: Debbie Storr