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

29/08/2019 - Planning Application No. SL/2019/0495 - The Pastures Lodge Park, Templand Lane, Allithwaite, Grange-over-Sands ref: 4170    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 29/08/2019 - Planning Committee

Decision published: 17/09/2019

Effective from: 29/08/2019

Decision:

Single holiday lodge, the Pastures Lodge Park, Templand Lane, Allithwaite, Grange-over-Sands (Mr and Mrs Andrew Cotter).

 

Councillor Dave Khan declared a pecuniary interest in this item by virtue of the fact that he was a Director of Woodset Ltd which ran the application site and having regard to bias and/or predetermination he left the meeting during discussion on the item.

 

The Interim Development Management Team Leader presented Planning Application No. SL/2019/0495 which sought permission for a holiday lodge with hard standing for parking and a foul water drainage connection. He displayed plans and photographs which outlined the proposals. The Interim Development Management Team Leader informed Members that the proposal met with all the criteria within Policy DM18 and highlighted key points such as the access drive and connection to the foul water drainage system. He referred to representations which raised concerns regarding the visibility of the lodge on the skyline and to residents of Birkby and stated that with the existing vegetation and a landscaping scheme it was considered that the proposal would not be visible and would not be harmful to the rural character of the area.

 

RESOLVED – That the Planning Application SL/2019/0495 be approved subject to the following conditions:-

 

Condition (1)   The development hereby permitted shall be commenced before the expiration of THREE YEARS from the date hereof.

 

Reason            To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

Condition (2)   The development hereby permitted shall be carried out in accordance with the following approved plans:

Location Plan 01A,

Existing site plan 02,

Proposed site plan 03,

Standard Glen Mhor Lodge Rev A,

Proposed decking plan 04 and

Exhibit A;

all received on 18 June 2019.   

 

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

 

Condition (3)   Before the lodge is first occupied the lodge shall be connected to the foul water drainage system and the access track shall be laid out.  Both shall be retained thereafter.

 

Reason            In order to provide sufficient drainage and an acceptable access.

 

Condition (4)   Before development commences a detailed landscaping scheme along the boundaries of the site shall be submitted and approved by the Local Planning Authority.  The approved landscaping scheme shall be implemented in the next planting season and shall be retained thereafter.

 

Reason            In order to provide the site with an adequate screen and in accordance with Policy DM18 of the Council’s Development Management Policies Development Management Plan. 

 

Condition (5)   The lodge shall not be occupied other than as holiday accommodation.  It shall not be used at any time as a sole and principal residence by any occupants.

 

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

 

Condition (6)   The owner / operator of the caravan site known as 'The Pastures' as outlined on the Site Location Plan, shall maintain an up-to-date register of the names of all of the individual caravan owners and occupiers and their main home addresses, and shall make the following information available to the Local Planning Authority upon request: - copies of the register; - a copy of the licence between the site owner / operator; and - the caravan owner / occupier for each pitch.

 

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

 

Condition (7)   Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (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 protect the rural character of the area in accordance with Policy DM18 of the Council’s Development Management Policies Development Management Plan.

 

Condition (8)   Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (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 protect the rural character of the area in accordance with Policy DM18 of the Council’s Development Management Policies Development Management Plan.

                       

P & P Statement

 

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.


29/08/2019 - Planning Application No. SL/2019/0603 - 9 Castle Dale, Kendal ref: 4172    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 29/08/2019 - Planning Committee

Decision published: 17/09/2019

Effective from: 29/08/2019

Decision:

Single storey rear extension with garage attached, at 9 Castle Dale, Kendal (Mr and Mrs C Atkinson).

 

The Interim Development Management Team Leader presented Planning Application No. SL/2019/0603 which sought permission for the erection of a single storey rear extension with an attached garage. He displayed plans and photographs which outlined the proposals. He informed Members that the scale and design of the proposal was acceptable and did not adversely affect visual and neighbour amenities of surrounding properties. 

 

RESOLVED – That the Planning Application SL/2019/0603 be approved subject to the following conditions:-

 

Condition (1)   The development hereby permitted shall be commenced before the expiration of THREE YEARS from the date hereof.

 

Reason            To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

Condition (2)   The development hereby permitted shall be carried out in accordance with the following approved plans:

Proposed Extensions at No. 9 Castle Dale, Drawing No. A1.CA.07.19

 

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

                       

P & P Statement                    

 

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.


29/08/2019 - Outcome of Planning Appeal - Planning Application No. SL/2017/0687 Kirkby Moor Wind Farm, Kirkby Moor and Lowick High Common ref: 4173    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 29/08/2019 - Planning Committee

Decision published: 17/09/2019

Effective from: 29/08/2019

Decision:

RESOLVED – That

 

(1)        the contents of the report be noted; and

 

(2)        subject to the clarification of a point raised under P/33 above, the matter of reviewing the decision be delegated to the Interim Development Control Team Leader and the Legal, Governance and Democracy Lead Specialist in consultation with the Chairman.


29/08/2019 - Planning Application No. SL/2019/0549 - 2 Ash Grove, Kendal ref: 4171    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 29/08/2019 - Planning Committee

Decision published: 17/09/2019

Effective from: 29/08/2019

Decision:

Demolition of garage and erection of single storey rear extension at 2 Ash Grove, Kendal (Mrs P Severn).

 

The Interim Development Management Team Leader presented Planning Application No. SL/2019/0549 which sought permission for the demolition of a single garage and the erection of a single storey rear extension. He displayed plans and photographs which outlined the proposals. He informed Members that the extension would be flat roofed and form additional living accommodation. The scale and design of the proposal was acceptable and did not adversely affect visual and neighbour amenities of surrounding properties.

 

RESOLVED – That the Planning Application SL/2019/0549 be approved subject to the following conditions:-

 

Condition (1)   The development hereby permitted shall be commenced before the expiration of THREE YEARS from the date hereof.

 

Reason            To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

Condition (2)   The development hereby permitted shall be carried out in accordance with the following approved plans:

Location Plan, Drawing No. 536-004

Block Plan, Drawing No. 536-104

Proposed Ground Floor Plan, Drawing No. 536-101A

Elevations, Drawing No. 536-103A.

 

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

                       

P & P Statement                    

 

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.


29/08/2019 - Planning Application No. SL/2019/0405 - Land between Morningside and Beech Cottage, Tanpits Lane, Burton in Kendal ref: 4168    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 29/08/2019 - Planning Committee

Decision published: 17/09/2019

Effective from: 29/08/2019

Decision:

Self-build single dwelling at Land between Morningside and Beech Cottage, Tanpits Lane, Burton in Kendal (Mr and Mrs J Morphet)

 

The Interim Development Management Team Leader presented Planning Application No.SL/2019/0405 which sought outline planning permission for a detached dwelling on the edge of Burton in Kendal. He displayed plans and photographs which outlined the proposals and referred to the site visit. He informed Members that the site was in the open countryside and sat outside the development boundary and was therefore contrary to Policy LA1.1 of the Land Allocations Development Plan Document (DPD). The Interim Development Management Team Leader informed Members that the proposal was for a self-build dwelling which was not located within a settlement and was not affordable and was therefore contrary to the Council’s Development Management Policies DM12 and DM14. In addition, the proposed long access onto Station Road would be harmful to the rural character of the area with the loss of pastureland and the hedgerow on the site boundary.

 

James Morphet, the applicant, addressed the Planning Committee. He informed Members that he and his wife had lived in the area for twenty years and had two children who both attended school locally. Mr Morphet highlighted safety concerns in relation to speeding traffic through the village, which impacted on his children walking into the village to play with friends and also to the local bus stop to catch the bus to school. He expressed strong emotion in informing the Committee of the community and charity work that he and his wife had undertaken within the local community and beyond. Mr Morphet informed the Committee that his current home was a bungalow which his family had outgrown in recent years and highlighted his desire to extend the bungalow or to buy a larger family home, but explained that these options were no longer feasible. He also suggested that it may be inappropriate to extend the bungalow as true bungalows were in short supply in the local area and could suit a retired couple or a family wishing to downsize. In conclusion, Mr Morphet informed Members that the plot of land had been within the current land boundary and that he believed that it would provide his family with the opportunity to build a larger, more affordable and efficient family home with safer access into the village.

 

Kate Bellwood, the applicant’s agent, addressed the Planning Committee. She began by stressing that the application was what the self-build policy aimed to support and explained that the policy did not require the site to be infill or rounding off. She outlined the siting of the proposed dwelling and stated that it would not result in the loss of views to the countryside or extend into the countryside more than existing housing and it would not lead to further development. Ms Bellwood informed Members that on three occasions pre-application advice had indicated that the principle of housing was acceptable. Ms Bellwood acknowledged that the site was outside of existing settlement boundaries and stated that this was irrelevant under the self-build policy, as the policy required sites to be within the settlement with no mention of boundary lines, which underlined her opinion that the site felt like part of the village despite the boundary. Ms Bellwood went on to highlight previous applications where the Planning Committee had supported local people building their own homes. She informed Members that the field in question had been considered for allocation but had been discounted due to more suitable sites in the area. Ms Bellwood informed Members that the access track had pedestrian rights onto the lane and that the new access route would only serve the field and house. She informed Members that any hedgerows lost would be replaced and highlighted that the applicants were willing to consider allowing public access down the track to provide safer access between the village and Station Road. In concluding her address, Ms Bellwood reiterated that the site sat on the edge of a large village, flanked by existing properties and that the proposed development was supported by the self-build policy and she highlighted that approving the application would allow a local family to stay within the community and that there had been no objections from locals, including the Parish Council.

 

The Interim Development Management Team Leader responded to points raised during public participation. He informed Members that the key issue was the principle of the development, which was contrary to policies adopted in the Local Development Plan Document, and he reiterated that the site was outside the defined settlement boundary for Burton in Kendal and went on to outline details of Policy DM12 regarding locations considered appropriate, in principle, for a self-build property.

 

The Interim Development Management Team Leader responded to questions raised by Members. He outlined the settlement boundary and advised that the Land Allocations Development Plan Document (DPD) sought to provide growth within the village boundary and on three allocated sites, which would provide 140 dwellings to meet the need with 35% of the homes being affordable.

 

Members thanked Officers for the well written report and gave consideration to the settlement boundary, self-build policy criteria DM12 and the risk of setting a precedent for further development.

 

RESOLVED – That Planning Application SL/2019/0405 be refused for the following reasons:

 

Reason (1)      The proposed development is located outside the settlement boundary for Burton in Kendal and is therefore contrary to Policy LA1.1 of the Land Allocations Development Plan Document, the purpose of which is to ensure that new homes are delivered in sustainable locations and to protect the character of the surrounding landscape.  The proposal will therefore not be in a sustainable location and will be harmful to the character of the surrounding landscape.

 

Reason (2)      The proposed long access road and new access point onto Station Road will be harmful to the rural landscape of the area and therefore be contrary to Policy DM2 of the Development Management Policies Development Plan Document.


29/08/2019 - Planning Application No. SL/2019/0261 - Land at Kirkby Lonsdale RUFC ref: 4167    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 29/08/2019 - Planning Committee

Decision published: 17/09/2019

Effective from: 29/08/2019

Decision:

Change of use of land to camping site from 1 May to September each year (Kirkby Lonsdale RUFC).

 

The Planning Officer presented Planning Application No. SL/2018/0261 which sought permission to regularise the use of two areas of the grounds for camping, during the period 1 May to 1 September each year. He drew Members’ attention to late representations which had been circulated prior to the meeting.

 

The Planning Officer displayed a series of plans and photographs which outlined the proposals and drew Members’ attention to photographs which had been submitted by Mrs Taylor, a local resident. The photographs illustrated unauthorised use of the site for camping, which had raised a number of concerns from locals including the access route to the site, which had been the main source of public opposition to the proposal. He referred to a map of the proposed site and highlighted the areas that would contain the camping and caravanning facilities. He outlined the application as a 30 acre site to the north of Kirkby Lonsdale, accessible via the B6254 and Raygarth. He highlighted the one way access for visitors to the site and used a further aerial photograph to illustrate this. He went on to outline the two proposed sites which would create 126 pitches across two proposed sites labelled Area A and Area B and he highlighted the boundary with the Yorkshire Dales National Park (YDNPA) which ran parallel to the Rugby Club’s boundary and which had a dense area of mature trees.

 

The Planning Officer informed Members of the current unauthorised use of the site for camping at Kirkby Lonsdale RUFC, which were purported to have been undertaken as permitted development over the past two seasons. This was highlighted by photographs taken over the bank holiday weekend by a local resident, which showed that the extent of the camping across the site had spilled over the allocated boundaries on to the club pitches. The Planning Officer informed Members that the Rugby Club had explained that this had been a Camping and Caravanning Club meeting which had been within their permitted development rights. The Planning Officer referred to further photographs which showed a Heavy Goods Vehicle on the access route to the site, along the B6254, in addition to a large vehicle towing a caravan, which further illustrated the access issues. He reminded Members that during the site visit they had also witnessed access issues along Fairbank and Raygarth which was particularly narrow due to lengths of parked cars. The Planning Officer went on to highlight a proposed planning condition which would permit the Planning Department to closely monitor the use of the site and work with Kirkby Lonsdale RUFC to assess the impact of all of the activities across the site and production of a travel plan to help limit these impacts.

 

The Planning Officer informed Members that the Local Highway Authority, Countryside Access Officer, the Lead Local Flood Authority and Sport England had no objections to the proposal. Yorkshire Dales National Park Authority (YDNPA) had no concerns to camping on the site, subject to a comprehensive landscaping scheme being agreed and no external lighting in the area and had requested clarification with regard to the area which would be used by caravans. In addition representations received from residents had highlighted several objections with regard to access issues such as heavy traffic in the town centre, children playing on Raygarth, Emergency Vehicles being blocked from reaching their destination and the degradation of the road surface on Raygarth.

 

The Planning Officer informed Members that the principle of the development was consistent with policies in the Core Strategy and the Development Management Development Plan Document (DMDPD) through promoting tourism. In addition the proposal supported an existing community facility which was viewed as an important community asset. However, he informed Members that unregulated use to date had caused concern amongst local residents particularly in terms of access to the site and impact to local amenity. He informed Members that a regulated temporary permission had the potential to address the key concerns and allow for close monitoring of use and the implementation of a travel plan would monitor initiatives to control vehicular access to the site. In concluding his report the Planning Officer highlighted the Rugby Club’s commitment to work collaboratively with the nearest neighbours and Officers to devise a robust travel plan, and he stated that it was inevitable that people living close to a public site would have a reduced level of amenity and he reiterated that the application was for temporary permission for the 2020 season only.

 

Shirley Boyd, a local resident, addressed the Planning Committee. She began by informing the Committee that she along with many others living on Raygarth, felt that it had been a safe and quiet place to raise a family. Ms. Boyd informed Members that over the last few years, the situation had got out of control, chaotic and had severely impacted on local amenity, as the Rugby Club had opened the site for unregulated use of the grounds for camping. She moved on to highlight two instances when she had written to the Council to raise concerns over intolerable and consistent levels of traffic, the unsafe highway and inaccurate dates and scale of the site. Ms Boyd informed Members of the availability of the site to recreational organisations, holding a certificate of exemption, and that this had not been investigated in the Officer’s report and therefore the impact of the potential extra numbers had not been considered. Ms Boyd highlighted the phrase “two discrete areas of the grounds” and made reference to the photographs in the presentation which outlined the exceedance of the boundaries by campers. Ms Boyd went on to highlight concern regarding the Local Highway Authority’s assessment of the potential impact of the traffic travelling to the Rugby Club and stated that when the rugby season ended the vehicle type changed to large motorhomes, caravans and cars, all in high volume. Ms Boyd stressed the impact of the site being unsupervised and provided an example from the August Bank Holiday weekend where traffic, dogs barking, open fires, barbeques and persistent noise had caused consistent disruption to local residents. Furthermore she informed Members that the Rugby Club were already advertising for bookings in 2020. Ms Boyd questioned why, during the previous two year period, there had been no attempt to consult with local residents regarding the impacts and to consider a travel plan. In concluding her address, Ms Boyd asked Members to reject the application on the grounds of loss of residential amenity, the lack of highway and traffic planning, safety concerns and the impact of noise.

 

Joelle Boyd, a local resident, addressed the Committee. She began by highlighting her astonishment at the lack of objections from the Local Highway Authority particularly as she had experienced the impact of the camping and caravanning on Raygarth. Ms Boyd moved on to link the lack of objections to a downplaying of the number of people using the camping facilities at the Rugby Club, as she felt there was a clear issue with the nature and type of traffic given access to the site. She highlighted the problematic access route through the town and informed Members that this was exacerbated by motorhomes and caravans using Fairbank which was usually restricted, due to parked cars, to a single lane which in turn lead to Raygarth, a single track road, with families living on one side and allotment users coming and going on the other side. Ms Boyd explained that she had noticed the difference between the traffic during the rugby season, which consisted of cars and vans, compared to the camping season when motorhomes, caravans, cars and vans used Raygarth to access the site which caused disruption to residents all day long. She stated that due to the location and nature of the route to the site there was no scope to improve the road. Furthermore, Ms Boyd claimed that the size and scale of the application had been downplayed as camping events had often spilled over from the two proposed discrete areas at the site, onto the majority of the site, including the main playing pitches. She informed Members that the documentation in the report had been unreflective of the current operations and as a result she questioned the true nature of the application. Ms Boyd made reference to the YDNPA’s comments which supported camping at the site but considered caravans a different matter. Ms Boyd felt that before the application had been considered by the YDNPA a set of more accurate figures, relating to the number of caravans using the site, should have been provided. Ms Boyd went on to highlight the lack of clarity regarding the 28 day permitted development rights and whether the recreational organisations could stay all year round. She made reference to a letter sent to Members which highlighted the issue of  permitted development rights and reiterated that this and the use of the site by recreational organisations needed to be clarified as it would heavily impact on the number of people who had use of the site. Ms Boyd made reference to several key issues raised in the representations of residents of Raygarth, including traffic and highway safety, parking and noise which all fell under the umbrella of material planning consideration. In concluding her address, Ms Boyd highlighted uncertainties in the application and broader issues which she felt had been contrary to local and national planning framework. She stressed that the proposed one year trial period for the Rugby Club was inappropriate, as camping and caravanning at the site had already been trialled for two years, and had seen a lack of sensible restrictions or safeguarding for residents. This had lead Ms Boyd to feel that the application should be rejected on the grounds that residential amenity was being lost and that rejecting the application may limit and control the future operation of camping and caravanning at the Rugby Club.

 

Lesley Taylor, a local resident, addressed the Committee. She began by stating that her main objection was to the increase in traffic on Raygarth Road, which was a minor residential road and wholly unsuitable for heavy traffic. Ms Taylor informed Members that the increase in traffic on Raygarth Road was a result of the Rugby Club’s caravanning and camping site and various other functions which continually caused congestion and impacted on the residential area. She explained that a high volume of large vehicles towing caravans, motorhomes and cars congested the road on a regular basis during the camping season. Ms Taylor highlighted the August Bank Holiday weekend, which had seen a high number of visitors camping at the Rugby Club and consequently camping had sprawled over the entire site. Ms Taylor informed Members regarding the frequency of the disruption and chaos caused by events at the Rugby Club and made reference to her concerns over the impact on the quality of life for residents as well as a loss of privacy. Ms Taylor highlighted occasions when Raygarth Road had been gridlocked and questioned how an emergency vehicle would access the site. Furthermore, Ms Taylor added that there had also been an increased risk to the safety of children and residents living on Raygarth. Ms Taylor made reference to the Rugby Club’s transport report, which claimed that the traffic would be no worse than during the rugby season, and stated that for eight months of the year there had been between 250 to 300 cars per weekend, not including everyday traffic to and from the Rugby Club. Ms Taylor added that she felt the numbers provided by the Rugby Club had been estimates and provided no real marker of the actual figures of vehicles visiting the site. Ms Taylor raised concerns regarding the monitoring of the campsite at events such as music and beer festivals and during the weekends and Bank Holidays. In conclusion Ms Taylor informed Members that the site had operated with no planning consent or licence for two years and that the only solution to the problems would be an alternative road to the site which would alleviate the traffic issues on Raygarth. She urged Members to reject the application in order to restore the residential amenity that had been lost in the past two years.

 

The Planning Officer responded to concerns raised during public participation. He informed Members that the Rugby club had not been in breach of planning law and explained that the application was to formalise the use of the proposed areas for four months, during the 2020 season, and to monitor and understand the impact on residents and to make assessment of the usage. Furthermore, he expressed his understanding of the frustrations of the residents who had experienced two years of unregulated use at the site.

 

The Planning Officer responded to questions raised by Members. He clarified the 28 day rule with regards to the Rugby Club’s events and reiterated that approval of the temporary consent would support the assessment of the situation and provide vital information that would assist in the decision making process for any future application submitted by the Rugby Club for temporary or permanent permission for camping and caravanning. He informed Members that consideration could be given to removing the permitted development rights in whole or in part, and he undertook to clarify details regarding temporary permission and permitted development rights at the site.

 

The Legal, Governance and Democracy Lead Specialist informed Members that Development Management did not currently hold enough information on the range of events that were being held at the site, in particular not enough to make an assessment of the permitted development position on the site.

 

The Planning Officer responded to further questions and advised that there was an option to remove permitted development rights from the land and for individual applications to be submitted for future events. However, he advised Members that this approach would be too onerous and it would be far more appropriate to approve a temporary permission to monitor the situation during the 2020 season. He informed Members that it would be difficult to restrict and monitor the size of caravans using the site, although the Rugby Club may consider this an option and he explained that the proposed travel plan would include traffic counters which would provide an accurate picture of traffic movements and enable the Council to frame enforceable decisions.

 

The Interim Development Management Team Leader reminded Members that the Local Highway Authority had considered the application and had raised no objections. He went on to reiterate that the information gathered during the proposed temporary planning permission would support any future decisions and stated that that if Members were to approve the application, permission would run from May to September 2020 and he advised Members that due to limited resources there would be a reliance on local residents to monitor traffic movement and site usage and to provide this information to the Council.

 

The Planning Officer informed Members that if the proposal was accepted conditions would be agreed prior to the commencement of the 2020 temporary consent and that there were various measure which the applicant could put in place in order to mitigate the impact on residents.

 

Members gave consideration to the proposal; the unregulated use to date; the impact of increased traffic and the broader amenity issues of local residents; and the need for clarification regarding permitted development rights.

 

Members felt that a decision on the application should be deferred at this time in order to provide Development Control the opportunity to clarify and provide further information on a number of issues.

 

RESOLVED – That Planning Application SL/2019/0261 be deferred.


29/08/2019 - Planning Application No. SL/2019/0446 - The Pastures Lodge Park, Templand Lane, Allithwaite, Grange-over-Sands ref: 4169    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 29/08/2019 - Planning Committee

Decision published: 17/09/2019

Effective from: 29/08/2019

Decision:

Four camping pods at The Pastures Lodge Park, Templand Lane, Allithwaite, Grange-over-Sands (Mr and Mrs Andrew Cotter).

 

Councillor Dave Khan declared a pecuniary interest in this item by virtue of the fact that he was a Director of Woodset Ltd which ran the application site and having regard to bias and/or predetermination he left the meeting during discussion on the item.

 

The Interim Development Management Team Leader presented Planning Application No. SL/2019/0446 which sought permission for four camping pods on the edge of Pastures Lodge Park near Allithwaite. He displayed plans and photographs which outlined the proposals and he provided dimensions and details of the pods, which had a length of 6.7 metres and a curved roof with a ridge height of 2.8 metres and included a single bedroom, bathroom, living area and small kitchenette. Furthermore he highlighted external details of the pods which included stained timber feathered edged boarding and he informed Members that the design of the base of the pods avoided a permanent footprint and would ensure that the ground could be easily reinstated.

 

RESOLVED – That Planning Application SL2019/0446 be approved subject to the following conditions:

 

Condition (1)   The development hereby permitted shall be commenced before the expiration of THREE YEARS from the date hereof.

 

Reason            To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

Condition (2)   The development hereby permitted shall be carried out in accordance with the following approved plans: Location Plan 01A, Site Plan as Existing 02, Site Plan as Proposed 03, Lune Valley Pods- Micro Lodge Layout 4, Exhibit A and Exhibit B. 

 

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

 

Condition (3)   Before the camping pods are first occupied the pods shall be connected to the waste water treatment plant and access track shall be laid out and both shall be retained thereafter.

 

Reason            In order to provide sufficient drainage and an acceptable access

 

Condition (4)   Before development commences a detailed landscaping scheme along the western boundary of the site shall be submitted and approved by the Local Planning Authority. The approved landscaping scheme shall be implemented in the next planting season and shall be retained thereafter.

 

Reason            In order to provide the site with an adequate screen and in accordance with Policy DM18 of the Council’s Development Management Policies. 

 

Condition (5)   The camping pods shall not be used other than as holiday accommodation. They shall not be used as a sole or principal residence by any occupants.

Reason            To safeguard the local tourist economy in accordance with Policy DM18 of the Council’s Development Management Policies.

                       

P & P Statement

 

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.


12/09/2019 - Application to modify a restrictive covenant on land at 1 Friars Garth, Cartmel ref: 4158    For Determination

Application to modify a restrictive covenant on land in Cartmel.

Decision Maker: Delegated Executive Decisions

Made at meeting: 12/09/2019 - Delegated Executive Decisions

Decision published: 13/09/2019

Effective from: 21/09/2019

Wards affected: Broughton & Coniston;

Lead officer: Sion Thomas


12/09/2019 - Disposal of Council Land adjacent to Duke of Cumberland Pub, Kendal ref: 4157    For Determination

Dispose of land to current tenant. Disposal will meet with current market value.

Decision Maker: Delegated Executive Decisions

Made at meeting: 12/09/2019 - Delegated Executive Decisions

Decision published: 13/09/2019

Effective from: 21/09/2019

Wards affected: Kendal East; Kendal North; Kendal Town; Kendal West;

Lead officer: Sion Thomas


12/09/2019 - Asset of Community Value ref: 4156    For Determination

Decision to be made on the nomination of an asset to be added to the Council's community asset register.

Decision Maker: Delegated Executive Decisions

Made at meeting: 12/09/2019 - Delegated Executive Decisions

Decision published: 13/09/2019

Effective from: 21/09/2019

Decision:

(Chief Executive)

 

Summary

 

Consideration was given to a nomination from Blawith and Subberthwaite Parish Council to list a plot of land named Little Fell, Water Yeat, Ulverston as an Asset of Community Value.

 

The nomination had described Little Fell as being overgrown, but had provided no evidence of the main and non-ancillary current use of the land. The nomination stated that the community gained pleasure from use of the site which would be lost along with the ecological habitat, if the site were to be lost. Despite the wishes of the community to protect the land by registering it, there was little detail or evidence provided within the nomination about the proposed timescale, funding or deliverability. As a result, and in accordance with legislation, there was insufficient evidence to prove that the current use of the asset furthered social well-being and, due to a lack of detail on the future plans for the site, it was felt that the nominated asset should be added to the list of unsuccessful nominations.

 

Decision

 

That the plot of land named Little Fell, Water Yeat, Ulverston, LA12 8DJ, be entered onto South Lakeland District Council’s list of unsuccessful nominations of Assets of Community Value.

 

Reasons for Decision

 

To meet legislative requirements.

 

Alternative Options Considered and Rejected

 

Listing the land as an asset of community value. However is likely that it could be proven on appeal that the listing would be contrary to the requirements of the legislation.

Wards affected: Broughton & Coniston;

Lead officer: Tom Dugdale


11/09/2019 - The Square Public Realm Improvement Scheme, Burton-in-Kendal ref: 4165    Recommendations Approved

Decision Maker: Cabinet

Made at meeting: 11/09/2019 - Cabinet

Decision published: 13/09/2019

Effective from: 21/09/2019

Decision:

Decision

 

RESOLVED – That

 

(1)        subject to the delegated decision at (2) below, approval be given for the award of the contract to the successful tenderer as detailed within the Part II Appendix 1 to the report and authority be delegated to the Director of Customer and Commercial Services to enter into an agreement on behalf of the District Council with the successful tenderer; and

 

(2)        the Economy, Culture and Leisure Portfolio Holder, the Housing and Innovation Portfolio Holder, the Finance Portfolio Holder and the Director of Customer and Commercial Services be delegated authority to approve any additional Council contribution required in accordance with the Council’s Budget and Policy Framework.

 

Reasons for Decision

 

The public realm scheme for the Square in Burton-in-Kendal links closely to several Council priorities in the Council Plan, as set out below:-

 

Our vision and values

 

The scheme will contribute to:-

 

·         Creating an environment for people to thrive at the heart of the village of Burton and encourage the repair and re-use of other buildings.

·         Empowering customers and communities, as evidenced in the very close involvement in the scheme design by Parish Council representatives and local residents – and the impetus to explore further improvements after the PsiCA scheme concludes. (See paragraph 5.2 of the report.).

·         Being a forward thinking, innovative, council.

 

Housing and communities

 

The Square enhancement scheme, together with the accompanying building repair grant scheme, will contribute in a modest but important way (in the context of the centre of Burton-in-Kendal) by promoting the repair and residential reuse of at least eight prominent, empty and or derelict properties in the centre of  the village.

 

Economy and culture

 

The scheme will contribute to:-

 

·         Attracting external funding and delivering critical infrastructurethrough the incorporation of a significant drainage improvement within the scheme and associated funding from DEFRA through the County Council.

·         Using culture and built heritage to support our unique offer.

·         Developing town (and village) centres which are attractive and accessible for living, working, culture and leisure.

·         Working with local communities to improve, manage and promote accessible public realm.

 

Health and environment

 

The scheme contributes to this priority by:-

 

·         Encouraging cycling and walking, through improved pedestrian surfaces and footways.

·         Working with partners in the scheme design to mitigate the impact of major flood incidents.

 

Alternative Options Considered and Rejected

 

The need for a public realm improvement scheme forms a key element of the overall PSiCA programme for Burton-in-Kendal approved by Historic England, so possible alternative candidate sites for enhancement have not been considered. However the design of the scheme for the Square has gone through many iterations as a result of detailed consultation with local residents, Parish Council and Cumbria County Council.

 

While it does not comprise an alternative option, the consultation on the scheme for the Square, has raised the local community’s awareness of the constraints and hazards for pedestrians of the busy main road through the village. This has resulted in the exploration by the Parish Council of potential funding from the Heritage Lottery Fund for a separate, later scheme for traffic calming and enhancement of the whole main street through the village.


11/09/2019 - The Square Public Realm Improvement Scheme, Burton-in-Kendal ref: 4164    Recommendations Approved

Decision Maker: Cabinet

Made at meeting: 11/09/2019 - Cabinet

Decision published: 13/09/2019

Effective from: 21/09/2019


11/09/2019 - Cabinet Appointments/Representation on Outside Bodies 2019/20 ref: 4166    Recommendations Approved

Decision Maker: Cabinet

Made at meeting: 11/09/2019 - Cabinet

Decision published: 13/09/2019

Effective from: 21/09/2019

Decision:

Note – Councillor Robin Ashcroft declared a non-pecuniary interest in this item of business by virtue of the fact that he was the Council’s representative on both the Cumbria Community Foundation and, currently, the George Moore Education Trust.  He left the Chamber during the discussion and voting on the item.

 

Summary

 

Further to Minute CEX/12 (2019/20), Cabinet was asked to consider the appointment of an alternative representative to the George Moore Education Trust.  Attention had been drawn to the fact that the current representative, Councillor Robin Ashcroft, was also a member of the Cumbria Community Foundation, resulting in a conflict of interest.

 

Decision

 

RESOLVED – That Councillor Giles Archibald be appointed to serve as the Council’s representative on the George Moore Education Trust for the remainder of 2019/20.

 

Reasons for Decision

 

Appointments to Outside Bodies assist in the delivery of the Council Plan through partnership working: “working across boundaries, with a range of other local authorities, organisations and businesses.”

 

Alternative Options Considered and Rejected

 

Not to make appointments, which could affect the Council’s ability to influence partners on important strategic issues.


11/09/2019 - The Square Public Realm Improvement Scheme, Burton-in-Kendal ref: 4163    For Determination

Decision Maker: Cabinet

Made at meeting: 11/09/2019 - Cabinet

Decision published: 13/09/2019

Effective from: 21/09/2019

Decision:

Summary

 

The Economy, Culture and Leisure Portfolio Holder reported that the Burton-in-Kendal Partnership Scheme in Conservation Areas (PSiCA) was a three-year partnership scheme, jointly funded by Historic England, the District Council and Burton-in-Kendal Parish Council. It comprised a programme of grant-aided repairs to historic properties, public realm improvements to the Square and the preparation of a Village Design Statement (VDS). The VDS was intended to be adopted by the Council as a Supplementary Planning Document to guide the design of new development affecting the Conservation Area and its setting.

 

Cabinet had approved the Council entering into the scheme at its meeting on 21 March 2018 (CEX/121 (2017/18) refers) and had committed £35,000 per year to the Capital Programme for three years from the LIPs scheme. Burton-in-Kendal Parish Council had committed £5,000 per annum, and Historic England has committed £40,000 per annum to match the funding available from the District and Parish Councils. Additionally the Cabinet at its meeting on 31 October 2018 had committed £12,000 towards the initial project development phase of the scheme from the Cumbria Non-Domestic Rate Pool Income Reserve (CEX/49 2018/19 refers). The PSiCA scheme Delivery Plan had been approved by Historic England in March 2019 and was currently being implemented. When complete, the Scheme aimed to ensure that the Conservation Area was removed from Historic England’s Heritage at Risk Register.

 

As part of the project development phase, the District Council had commissioned Crosby Granger Architects to prepare a detailed design for a public realm improvement scheme for the Square, including putting the scheme out to tender and managing the implementation of the contract. A final design had been prepared following extensive technical and community consultation. In particular the final scheme incorporated significant drainage improvements to alleviate local flooding problems following advice from Cumbria County Council as local lead flood authority and highway authority. It was proposed to commence work in October, or as early as possible, in part to reduce the annual risk of flooding to local properties over the winter period.

 

Note – Prior to the meeting, and subsequent to the completion of the tender evaluation exercise, Members had been provided with copies of the Part II Appendix 1 to the report (tender details) which was excluded from inspection by members of the public in accordance with Section 100 (B) of the Local Government Act 1972, as amended by the Local Government (Access to Information) (Variation) Order 2006, and, in all the circumstances of the case, it was considered that the public interest in maintaining the exemption outweighed the public interest in disclosing it.  Copies of the document were excluded, as it contained information as described in Schedule 12A of the Act as follows:-

 

- Information relating to the financial or business affairs of any particular person (including the authority holding that information).  (Paragraph 3)

 

Note – At this point in the proceedings, Members voted to exclude the press and public in order to discuss the tender details contained within the Part II Appendix 1 to the report.

Wards affected: Burton & Crooklands;


11/09/2019 - Corporate Financial Monitoring Quarter 1, 2019/20 ref: 4160    For Determination

To consider the projected year end position based on performance to the end of Quarter 1 2019/20 and Officers planned actions to ensure a balanced budget by the end of the financial year.

Decision Maker: Cabinet

Made at meeting: 11/09/2019 - Cabinet

Decision published: 13/09/2019

Effective from: 21/09/2019

Decision:

Summary

 

The Finance and Resources Portfolio Holder presented the Corporate Financial Monitoring report for Quarter One of 2019/20, highlighting the Council’s expenditure and income during the first three months of the financial year, but also including current projections of expenditure for the remainder of the year.

 

The report had also been considered by the Overview and Scrutiny Committee at its meeting on 16 August 2019.

 

The Finance and Resources Portfolio Holder referred to the Government announcement in the previous week of a one-year settlement for Local Government.  The reform of local government funding had been delayed by 12 months to April 2021, which would have a significant impact on the Council’s finances for 2020/21.  Initial indications were that the temporary settlement would leave the Authority in a better financial position than that shown in the Medium Term Financial Plan presented to Council in July 2019.  However, considerable uncertainty remained, and both Cabinet and Council would be kept informed.

 

The Finance and Resources Portfolio Holder, in closing, thanked the Finance Team for their work.

 

In response to a query regarding a perceived over-spend on Customer Connect, the Finance and Resources Portfolio Holder explained that the expenditure referred to related to one-off transitional costs for redundant staff retained for a period beyond 1 April in order to assist the Authority during change.  At present, these costs were being kept within departmental budgets, although this was to be reviewed by the Finance Team.  The Finance and Resources Portfolio Holder emphasised that this expenditure was not an over-spend on the Customer Connect Programme.

 

The Finance and Resources Portfolio Holder responded to a further query about outstanding debts relating to Lake Windermere, informing Members that these were being dealt with proactively and that bad debts were not taken lightly by the Authority.  He explained, however, that the debts referred to were complex in nature and that considerable financial and legal work had to be carried out in order to resolve them.  The Legal, Governance and Democracy Lead Specialist (Monitoring Officer) provided reassurance, indicating that a report was due to be presented to the October meeting of the Lake Administration Committee, including detailed information on individual debts and  on action taken since the last meeting.  In addition, she informed Members that Counsel’s advice was being sought with regard to long-standing debts.

 

The Leader and Promoting South Lakeland Portfolio Holder took the opportunity to draw to Members’ attention to list of projects shown within the Capital Programme as examples of what additional work could be carried out as a result of careful financial management.  He mentioned, in particular, the work being carried out with local communities to improve play areas, highlighting Abbot Hall and Rayrigg Meadow as examples.

 

Decision

 

RESOLVED – That the contents of the report be noted.

 

Reasons for Decision

 

Regular budget monitoring forms part of the corporate governance arrangements that support all Council priorities.

 

Alternative Options Considered and Rejected

 

There are no alternative options.

Wards affected: (All Wards);

Lead officer: Claire Read


11/09/2019 - Introduction of Public Space Protection Order for Town and Parish Councils ref: 4162    For Determination

The introduction of a Public Space Protection Order for specified town and parish councils and amendment to the existing order to four SLDC parks and playgrounds.

Decision Maker: Cabinet

Made at meeting: 11/09/2019 - Cabinet

Decision published: 13/09/2019

Effective from: 21/09/2019

Decision:

Summary

 

The Customer and Commercial Services and People Portfolio Holder presented a report seeking the introduction of a Public Space Protection Order (PSPO) on Parish and Town Council owned land and an amendment to an existing PSPO on South Lakeland District Council (SLDC) owned land to impose restrictions on the use of an area and/or those people using that area. The PSPOs would focus on the control of dogs.  A consultation process had established that there was support to introduce a PSPO for dog control.

 

The Health, Wellbeing and Financial Resilience Portfolio Holder thanked Arnside, Duddon and Staveley-with-Ings parish councils for their engagement.

 

Decision

 

RESOLVED – That the following be approved:-

 

(1)        the introduction of a PSPO in defined areas on Town and Parish Council owned land for the following restrictions:-

 

·        dogs on leads restriction at Arnside Cemetery;

·        dog exclusion restriction at Arnside Playing Field;

·        dogs on leads restriction at Wilson Park, Broughton-in-Furness; and

·        dog exclusion restriction at Staveley Playground; and

 

(2)        the amendment to the existing PSPO on the following SLDC owned land following community led improvements and the development of the Kendal Fell Management Plan:-

 

·        dogs exclusion restriction location changed and enlarged at Lightburn Park and Rayrigg Meadow playgrounds as Appendix 4b and 4c;

·        dog exclusion restriction removed at Hayclose Road and Dogs on Lead restriction for a larger area introduced as Appendix 4a; and

·        fouling of land by dogs restriction, dogs on lead by direction restriction, maximum number of dogs walked (five) by an individual restriction, requiring means to pick up after a dog restriction to Kendal Fell including public accessible land owned by Kendal Golf Club as Appendix 3.

 

Reasons for Decision

 

The introduction of a PSPO links directly to the Well Being and Environment elements of the Council Plan and delivers under Work across boundaries, Creating balanced communities, Sustainable environment.

 

Alternative Options Considered and Rejected

 

The alternative option would be to not introduce a new PSPO or amend the existing PSPO, however, the consultation responses have established that these restrictions are wanted and required. Therefore, not to introduce a new PSPO or amend the existing PSPO in place is not a recommended option.

Wards affected: (All Wards);

Lead officer: Deborah Clarke


11/09/2019 - Affordable Housing Grant - Railway Cottages, Newby Bridge ref: 4161    For Determination

South Lakes Housing is seeking an affordable housing grant of £282,000 in order to purchase 6 homes at Railway Cottages, Newby Bridge to provide affordable housing for rent.

Decision Maker: Cabinet

Made at meeting: 11/09/2019 - Cabinet

Decision published: 13/09/2019

Effective from: 21/09/2019

Decision:

Summary

 

The Deputy Leader and Housing and Innovation Portfolio Holder reported that South Lakes Housing was seeking an affordable housing grant of £282,000 to support the purchase and improvement of six homes at Railway Cottages, Newby Bridge.  Subject to approval of the grant of an award and the required legal agreement being signed, South Lakes Housing would undertake to improve the homes to a decent standard.  It was anticipated that the purchase of the homes would prevent homelessness of potentially very vulnerable tenants, providing suitable homes to a decent standard and improved security of tenure.

 

In presenting the report, the Deputy Leader and Housing and Innovation Portfolio Holder wished to point out that this case differed to that relating to Yewbarrow Lodge in Grange-over-Sands, which was a sheltered housing unit in a unique location, with difficult access.

 

Shadow Executive Member, Councillor John Holmes, who was a Director on the Board of South Lakes Housing, explained that although the proposal would not add to the affordable housing offer within the area, consideration had to be given to the potential for the existing residents becoming homeless.  He reported on the deplorable conditions of the houses in which vulnerable adults were living.  He further drew attention to the fact that Homes England had given approval for grant funding.  Councillor Holmes also referred to Yewbarrow Lodge.  He explained that residents of Yewbarrow Lodge could be moved to similar accommodation in Windermere.  He stressed that South Lake’s Housing’s paramount concern was with regard to the existing tenants of Yewbarrow Lodge.  He advised that proceeds from a sale of the site would be put towards provision of affordable homes.

 

Note – At this point in the proceedings, Councillor John Holmes, having declared a non-pecuniary interest by virtue of the fact that he was a Director on the Board of South Lakes Housing, whilst having no voting rights as a Member of the Shadow Cabinet, left the Chamber for the discussion and voting on the item.

 

Members expressed full support for what was a good example of partnership working to improve housing stock within the area and thanking all involved.

 

Decision

 

RESOLVED – That approval be given for the award of an affordable housing grant of £282,000 to South Lakes Housing and the Director of Strategy, Innovation and Resources be delegated authority, in consultation with the Legal, Governance and Democracy Lead Specialist (Monitoring Officer), to conclude the necessary agreements for the grant funding.

 

Reasons for Decision

 

The preferred means of providing financial support is through a grant. The Council is developing a loan funding product to enable greater delivery of new build affordable homes by Registered Providers. For this particular instance of acquisition and refurbishment, it is considered that it best fits with the Council’s affordable housing grants scheme.

 

To assist in the delivery of the Council Plan – Homes to Meet Need and target for 1,000 homes to rent by 2025.

 

Alternative Options Considered and Rejected

 

The Council could decide not to fund the acquisition of these units for affordable rent. However, this is not recommended as this is not in line with the Council’s target for 1000 homes for affordable rent by 2025 and it is likely that the existing residents, many of whom are vulnerable, could be made homeless as a result of the properties being sold.

Wards affected: Cartmel;

Lead officer: Julie Jackson


11/09/2019 - Council Plan Performance Monitoring Quarter 1 2019/20 ref: 4159    For Determination

Decision Maker: Cabinet

Made at meeting: 11/09/2019 - Cabinet

Decision published: 13/09/2019

Effective from: 21/09/2019

Decision:

Summary

 

The Leader and Promoting South Lakeland Portfolio Holder presented an update report on progress with the Council Plan 2019 for Quarter 1 of 2019/20. Monitoring the success of the Council Plan reported improvements and ensured that Council services addressed the needs of residents in an open and transparent way. The Council was committed to delivering high quality, cost effective services that met the needs of residents and improved quality of life. The performance management process helped the Council to demonstrate how well it was doing. The report also included the Council’s Strategic Risk Register, risks mainly relating to matters out of the Council’s control, with none on the spectrum of seriousness.

 

The Leader and Promoting South Lakeland Portfolio Holder informed Members that the report had also been considered by the Overview and Scrutiny Committee at its meeting on 16 August 2018.  He further highlighted a number of areas within the report which demonstrated that the Council remained on track to deliver its targets, particularly around the provision of affordable housing to rent and work on bringing back empty homes into use, and in relation to anthropological climate change and reduction in carbon footprint.  He felt that the Council had much to celebrate in terms of success.  He thanked officers for their continued efforts during the Council’s process of reorganisation.  In closing, the Leader and Promoting South Lakeland Portfolio Holder stressed the need for the Council now to work on countering biodiversity loss.

 

Decision

 

RESOLVED – That the following be noted:-

 

(1)        the Summary of Performance as detailed in the report; and

 

(2)        the detailed risks information contained within Appendix 1 to the report.

 

Reasons for Decision

 

The report is directly linked to the Council Plan commitment to ensure that the Council is equipped to provide the best, most cost effective services.  Details regarding performance monitoring are published in line with the Council’s latest Performance Management Framework.

 

Alternative Options Considered and Rejected

 

None – the purpose of the report is to receive a performance update.  Council must note successes, monitor progress and take action where appropriate.

Wards affected: (All Wards);

Lead officer: John Davies