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

05/12/2018 - External Auditor's Progress Report and Update ref: 3904    Recommendations Approved

Decision Maker: Audit Committee

Made at meeting: 05/12/2018 - Audit Committee

Decision published: 03/01/2019

Effective from: 05/12/2018

Decision:

Gareth Kelly, External Audit, presented a report providing the Committee with a summary of the progress made by Grant Thornton in delivering their responsibilities as the Council’s External Auditors as of November 2018.  The report also included details of emerging national issues and developments that might be relevant to the Council.

 

In presenting the report, Mr Kelly indicated that External Audit had now concluded the certification work for the 2018/19 claim, in line with the November deadline.  Planning processes had commenced for the 2018/19 financial year audit.  He also drew particular attention to Grant Thornton’s recent report on latest trends in local authority trading companies which, he felt, provided practical information.

 

RESOLVED – That the progress made by External Auditors be noted.


05/12/2018 - Internal Audit Progress Report 2018/19 ref: 3905    Recommendations Approved

Decision Maker: Audit Committee

Made at meeting: 05/12/2018 - Audit Committee

Decision published: 03/01/2019

Effective from: 05/12/2018

Decision:

Peter Harrison, Internal Audit, introduced the Internal Audit Progress Report 2018/19. The report provided a summary of the progress against the Internal Audit Annual Plan as at 20 November 2018.

 

Following the Internal Audit Plan’s approval by Committee in April 2018, five assurance reviews had been finalised and the report contained the executive summary of the one which had been completed since the last meeting, Business Continuity.  It had been intended that three other reports would be presented to this meeting of the Committee and reasons for the delay were provided.  These reports on Use of Agency, Interim and Casual Workers; Health and Safety – Property Risks; and Cyber Security, would now be presented to the Committee in April 2019.  There had been no changes proposed to the Annual Plan, however, the proposed audit of additional DFG monies had been cancelled, as the Council had not drawn down any grant.

 

Mr Harrison presented the executive summary relating to the review of Business Continuity which had resulted in an assessment of substantial assurance, no action points having been identified.  The overall conclusion was that the Council had robust Business Continuity arrangements in place to prevent or minimise the time that the public were separated from critical services.  The Chairman commended the assessment of substantial assurance, as this was an area which had been of concern for a number of years.

 

Internal Audit had also assessed the extent to which previous internal audit recommendations had been implemented. The report showed that 16 recommendations were yet to be implemented.  Nine were on target and there were seven in progress where the original target dates had not been met.  11 recommendations had been implemented and were now considered closed.

 

RESOLVED – That the following be noted:-

 

(1)        the progress achieved in 2018/19 in delivering the Audit Plan and the outcomes of completed audit reviews, as set out in Appendix 1 to the report;

 

(2)        the attached audit report, as set out in Appendix 2 to the report; and

 

(3)        the status of outstanding recommendations contained within the follow up report, as set out in Appendix 3 to the report.


05/12/2018 - Other Significant Financial Issues ref: 3911    Recommendations Approved

Decision Maker: Audit Committee

Made at meeting: 05/12/2018 - Audit Committee

Decision published: 03/01/2019

Effective from: 05/12/2018

Decision:

The Assistant Director Resources (Section 151 Officer) drew attention to the fact that the 2019/20 to 2023/24 Draft Budget was due to be considered by Council at its meeting on 18 December 2018.  She referred to the fact that the Local Government finance settlement had been delayed due to discussions on Brexit, however, advised that a verbal update would be incorporated at the meeting, as necessary.

 

RESOLVED – That the verbal update be noted.


05/12/2018 - Audit Committee 2018/19 Work Programme ref: 3903    Recommendations Approved

Decision Maker: Audit Committee

Made at meeting: 05/12/2018 - Audit Committee

Decision published: 03/01/2019

Effective from: 05/12/2018

Decision:

The Financial Services Manager advised that there had been no changes to the Work Programme since the last meeting, however, that she intended to update the name of the Lead Officer for External Audit to reflect that there had been a change in Grant Thornton’s Engagement Lead from John Farrer to Gareth Kelly.

 

RESOLVED – That progress against the 2018/19 Work Programme be noted.


05/12/2018 - Accounting Policies 2018/19 ref: 3906    For Determination

To consider the proposed accounting policies to be adopted for the financial year 2018/19 and for use in the preparation of the Statement of Accounts for the year ended 31st March 2019.

Decision Maker: Audit Committee

Made at meeting: 05/12/2018 - Audit Committee

Decision published: 03/01/2019

Effective from: 05/12/2018

Decision:

The Chief Accountant presented a report outlining proposed accounting policies to be adopted for the 2018/19 financial year and to be used in the preparation of the Statement of Accounts for the financial year ending 31 March 2018.  These had been prepared in line with the Chartered Institute of Public Finance and Accountancy’s (CIPFA) Code of Practice on Local Authority Accounting in the UK 2018/19 (the Code).

 

The Chief Accountant explained that the CIPFA Code of Practice on Local Authority Accounting provided a definition of accounting policies which, essentially, set out that accounting policies should be the cornerstone of good financial control and should explain how an organisation applied accounting standards and legislation.  He went on to explain that, whilst there was little discretion in which accounting policies to adopt, there was some flexibility in the accounting methods that could be followed.

 

There had been substantial changes to the 2018/19 CIPFA Code of Practice on Local Authority Accounting which had come into effect for financial years beginning 1 April 2018.  These changes were in the areas of Revenue recognition and Financial Instruments due to the adoption, by the Code, of International Financial Reporting Standard (IFRS) 15 - Revenue from Contracts with Customers and IFRS 9 - Financial Instruments.  The adoption of these new IFRSs in the 2018/19 Code constituted a change in accounting policy which would normally require restatement of the previous year’s accounts, but the Code contained provisions for transitional arrangements which only required adjustments to 1 April 2018 opening balances rather than full prior-year restatement.

 

As a result of the adoption of IFRSs 15 and 9 in the 2018/19 Code, the Council’s own Accounting Policies for 2018/19, presented at Appendix 1 to the report, had been updated to ensure they remained in line with the 2018/19 Code requirements, and details of the changes were provided.

 

At the time of writing the report, the Ministry for Housing, Communities and Local Government had just published the results of a consultation on a statutory override for Local Government in relation to accounting for IFRS 9.  This meant that some charges to the accounts as a result of adopting IFRS 9 should be statutorily reversed.  Because of this consultation outcome, CIPFA had delayed publication of the CIPFA’s Code of Practice on Local Authority Accounting in the UK 2018/19 Guidance Notes for Practitioners.  Therefore, the Council’s current accounting policy was based on the original legislation and draft guidance.  Once published, should the new legislation and guidance require any change to the Council’s accounting policies, a further report would be brought to a future meeting of the Audit Committee.

 

It was good practice to consider and adopt the accounting policies in advance of the production and approval of the draft accounts.  By statute, preparation of draft accounts had come forward to 31 May following the relevant year end, for financial years 2017/18 onwards.  At the same time, the audited statements needed to be published by 31 July following the relevant financial year end; the Council had successfully prepared the 2017/18 accounts to the new timetable.

 

RESOLVED – That the accounting policies, as set out at Appendix 1 to the report, be adopted for closure of the 2017/18 Accounts.

Wards affected: (All Wards);

Lead officer: Lee Hurst, Shelagh McGregor, Helen Smith


05/12/2018 - Implementation of General Data Protection Regulations and Data Protection Act 2018 ref: 3901    For Determination

Providing a comprehensive and modern framework for data protection across South Lakeland District Council.

Decision Maker: Audit Committee

Made at meeting: 05/12/2018 - Audit Committee

Decision published: 03/01/2019

Effective from: 05/12/2018

Decision:

The Principal Performance and Intelligence Officer informed Members that the Data Protection Act 2018 (DPA) covered the use of personal data within the scope of the General Data Protection Regulation (GDPR) and beyond it.  Amongst other provisions, it repealed and replaced the Data Protection Act 1998, incorporated the GDPR into UK law, laid the ground for the free-flow of data between the United Kingdom and the European Union after Brexit, set out permitted exemptions under the GDPR and set out the duties and powers of the UK's Information Commissioner’s Office (ICO).

 

With administrative fines under the new DPA now having an upper limit of 20 million Euros, it was crucial that the Council was compliant with the GDPR/ DPA, as it had been under the Data Protection Act 1998.  The report sets out the work undertaken to prepare for and implement GDPR across the Council.

 

The General Data Protection Regulations Project Initiation Document had been presented to Audit Committee on 6 December 2017 and set out the scope, objectives, outcomes and deliverables of the project.

 

The Information Governance Board, as outlined in the General Data Protection Regulations Project Initiation Document, had been established to ensure senior leadership, drive and accountability.

 

The current Principal Performance and Intelligence Officer had been appointed as the Council’s Organisational Data Protection Officer.  He had qualified as a General Data Protection Regulation Practitioner.

 

A number of activities were in operation to ensure continued compliance with the law, details of which were provided within the report.

 

A number of documents, some of which were named within the report, had been formally reviewed by the Management Team and/or Cabinet (where appropriate) to assist Members, Officers, and members of the public.

 

The Council’s Information Asset Register was complete and had been published on the Council’s SharePoint site.  The Council’s Register of Processing Activity, in accordance with Article 30 of the GDPR, was complete and had been published on the Council’s dedicated Data Protection SharePoint page.

 

An Information Asset Register (IAR) was a simple way to help the Council understand and manage its information assets and the risks to them.  It was important to know and fully understand what information the Council held in order to protect it.

 

In support of the Council’s IAR, the Information Handling and Classification Protocol was in place and would be applied in accordance with the overall GDPR/DPA 2018 implementation.

 

A generic corporate Privacy Notice had been published on the Council’s website covering all services provided by the Councils.  Alongside this Privacy Notice, service specific Privacy Notices for every service were being added.  Privacy Notices advised the Council’s customers what information about them was collected, when it was collected, how it was used, how long it was kept and whether it was shared, and with whom.  The Notices also set out peoples’ rights under GDPR and DPA 2018.  Publication of Privacy Notices was an ongoing task, and the Notices published to date could be found on the Council’s website.

 

A Data Protection Impact Assessment (DPIA) had to be performed where processing was likely to result in a high risk to the rights and freedoms of natural persons.  Where the Information Asset Registers had identified that the Council was holding sensitive data (for example ethnic origin, religion, health data), a DPIA would need to be completed to risk assess such data and ensure it was held as securely as possible.

 

A template Data Processing Agreement had been implemented and shared with Procurement Services which would accompany all procurement documents where it was considered relevant.

 

A Data Breach Notification Protocol was in place and was available to all Officers through the dedicated Data Protection SharePoint page.

 

A procedure for implementing the Subject Access process was in place.  The amended Subject Access Request form was available to the public via the Council’s website.

 

In closing, the Principal Performance and Intelligence Officer informed Members that an audit of Information Governance was due to take place in February 2019.  In response to a query raised about cyber security and robustness of systems, he explained that he had been working closely with the IT department with regard to site security and a full audit had been carried out to ensure that governance arrangements were in place.  Additional work was being carried out around firewalls and updates and how data was retained, either on or off site.  Work was also ongoing regarding the issue of the Right to be Forgotten.

 

The Chairman referred to the delivery of training for Members and requested that the relevant slides be made available.  He also raised the need for Members to be aware of their individual responsibilities with regard to meeting the Information Commissioner’s Office requirements.

 

RESOLVED – That the update on the introduction of the General Data Protection Regulations and Data Protection Act 2018 across the Council be noted.

Lead officer: Paul Mountford


05/12/2018 - Risk Management Update ref: 3900    For Determination

Decision Maker: Audit Committee

Made at meeting: 05/12/2018 - Audit Committee

Decision published: 03/01/2019

Effective from: 05/12/2018

Decision:

The Performance and Risk Officer presented the Strategic Risk Register (Quarter 2) 2018 which outlined all of those risks above and below the line of risk tolerance. Mitigations designed to reduce the risks in terms of likelihood or impact or both were listed against each risk above the line of tolerance.  The Strategic Risk Register was reviewed by Senior Management Team each quarter as part of the Council’s quarterly performance monitoring and reporting arrangements and that review had informed this report.

 

The Performance and Risk Officer drew attention to the fact that over 73% of the Strategic Risks were now positioned below the level of risk tolerance which demonstrated the effective mitigation and regular review of the risks.

 

At its meeting on 25 July 2018, the Audit Committee had suggested that the Strategic Risk ‘Medium Term Financial Plan’ may have a higher impact than indicated on the risk matrix due to future uncertainty over Government spending reviews.  Officers had subsequently undertaken a review of the risk and it had been decided that the matrix position for likelihood and impact was appropriate.

 

Since the meeting of the Audit Committee on 25 July 2018, one new Strategic Risk has been added to the Register.  This new risk was ‘Business Continuity: Flu Pandemic - Loss of people, skills and supply chain disruption.’  Flu Pandemic was listed in the National Risk Register and the Cumbria Community Risk Register.

 

A separate item on the Agenda, Customer Connect Programme Management, included information on Customer Connect risks.

 

The Performance and Risk Officer referred to Risks 6, 9, 14 and 15, which were currently positioned above the line of appetite, and drew attention to the mitigations in place to manage them.  In response to a query with regard to the position below tolerance of Risk 5 (Impact of the Welfare Reform on Communities) and concern expressed given the potential adverse impact of Universal Credit, he undertook to carry out an early review of the risk.

 

RESOLVED – That the Strategic Risk Register, as at Appendix 1 to the report, be noted.

Wards affected: (All Wards);

Lead officer: John Davies


05/12/2018 - Customer Connect Programme Management ref: 3902    For Determination

Decision Maker: Audit Committee

Made at meeting: 05/12/2018 - Audit Committee

Decision published: 03/01/2019

Effective from: 05/12/2018

Lead officer: Sarah Berry


05/12/2018 - Review of Effectiveness of Audit Committee ref: 3910    For Determination

To review the results of the annual review of effectiveness of the Audit Committee

Decision Maker: Audit Committee

Made at meeting: 05/12/2018 - Audit Committee

Decision published: 03/01/2019

Effective from: 05/12/2018

Decision:

The Financial Services Manager reported that the annual review of the Audit Committee’s effectiveness had been carried out using principles established by the Chartered Institute of Public Finance and Accountancy (CIPFA).

 

Members were informed that CIPFA had published updated Practical Guidance for Local Authority and Police Audit Committees in 2018, which included the suggestion that a lay or independent member should be included in Audit Committees, although this was not a requirement.

 

The conclusion of the review, which used a questionnaire approach shown at Appendix 1 to the report, was that the Committee could demonstrate that it had been established in accordance with best practice and that it continued to operate effectively, whilst operating without an independent member.  The Committee needed to be alert to any changes in its membership and the expertise of its Members so that suitable training could be arranged and Appendix 2 to the report included a skills framework.

 

CIPFA’s Practical Guidance also included suggested terms of reference for audit committees and it was pointed out that the Committee’s Terms of Reference had been revised in December 2014 to reflect this.  The Practical Guidance also included possible wider functions of an audit committee:-

 

·         considering governance, risk or control matters at the request of other committees or statutory officers;

·         working with local standards committees to support ethical values and reviewing the arrangements to support those values; and

·         reviewing and monitoring treasury management arrangements in accordance with the CIPFA Treasury Management Code of Practice.

 

Audit Committee did support some work of the Standards Committee to support ethical values, particularly around reviewing whistleblowing arrangements.  For South Lakeland District Council, the treasury management scrutiny function was carried out by the Overview and Scrutiny Committee.  The Terms of Reference did not refer to requests for consideration of matters from other committees or statutory officers: any such proposals needed to be considered on a case-by-case basis, bearing in mind the need to maintain the independence of the Audit Committee.

 

Members discussed the suitability of seeking an independent member to sit on the Committee.  Both Gareth Kelly, External Audit, and Peter Harrison, Internal Audit, were of the opinion that this was not necessary in the context of local government.  The Committee did not feel it appropriate at this time to make such an appointment, however, suggested that the matter be kept under review.

 

RESOLVED – That

 

(1)        the review, and its conclusion that the Audit Committee is operating effectively in all material aspects, be approved;

 

(2)        an independent member be not sought for the Audit Committee at this time; and

 

(3)        the skills framework for members of the Audit Committee, as at Appendix 2 to the report, be noted.

Lead officer: Shelagh McGregor, Helen Smith


05/12/2018 - Review of Local Code of Governance ref: 3909    For Determination

To review the results of the annual review by Audit Committee of the Council's Local Code of Governance

Decision Maker: Audit Committee

Made at meeting: 05/12/2018 - Audit Committee

Decision published: 03/01/2019

Effective from: 05/12/2018

Decision:

The review of the Local Code of Governance was presented by the Financial Services Manager.

 

Under the Accounts and Audit Regulations (2015), the Council was required to review the effectiveness of the system of internal control annually and report this through an Annual Governance Statement. The Chartered Institute of Public Finance and Accountancy (CIPFA) had published a revised version of their governance framework for local authorities. This counted as proper practice and was to be applied for financial years from 1 April 2016 onwards. The new framework had been re-arranged from the previous framework’s six principles to seven, in line with CIPFA’s broader International Framework: Good Governance in the Public Sector (2014).

 

The Local Code approved in December 2015 and Annual Governance Statement (AGS) had been prepared under the new framework for 2016/17 and 2017/18.  During 2017/18 the Council’s internal auditors had undertaken a review of the Local Code and had concluded that there was reasonable assurance but that the existing procedures could be streamlined.  The recommendations had been:-

 

·         To evidence greater alignment with the Guidance, self-assessment be made against each of the Guidance's suggested Examples of Behaviours and Actions, rather than (or as well as) against the adopted sub-principles of its Local Code.

·         The Responsible Officer for each adopted sub-principle in the Local Code be referenced in all cases to the Officer's post, rather than to the Officer's name or a reference to the Constitution.

·         The spreadsheet that is used to evidence compliance with the Local Code be updated to reflect the proposed changes to the Local Code that were presented to the Audit Committee and subsequently to Council in December 2017.

·         The mapping of the Guidance behaviours and actions that demonstrate good governance in practice be mapped only to sub-principles in the Local Code that pertain to the same principle to which the behaviour and action relate.

·         Each line in the Guidance's list of examples of systems, processes, documentation and other evidence demonstrating compliance be mapped to a referenced sub-principle, rather than being marked as duplicate.

 

The first three recommendations had been implemented in the AGS for 2017/18.  The last two recommendations required changes to the Local Code of Governance itself.

 

There had been one action added to the Local Code:-

 

·         D14 - Consider social value when preparing service plans, considering procurement and commissioning and monitoring performance.

 

References to local area agreements had been removed and references to standards and guidance had been updated.  The majority of amendments were to include behaviours and actions under all principles to which they applied.  As a result some behaviours and actions were duplicated.

 

Appendix 3 to the report showed the CIPFA principles, sub-principles, example behaviours and actions that demonstrate good governance in practice and examples from the CIPFA guidance with the Local Code reference for each.

 

An action plan to address areas for improvement in the Council’s governance arrangements had been presented as part of the approved 2017/18 AGS.  This had been presented to Audit Committee on 25 July 2018.  Appendix 4 provided an update on progress against the various actions.

 

RESOLVED – That

 

(1)        the proposed revisions to the Local Code of Governance, as at Appendix 1 to the report, be noted;

 

(2)        Council be recommended to approve the amended Code, as at Appendix 2 to the report; and

 

(3)        the Annual Governance Statement Action Plan, as at Appendix 3 to the report, be noted.

Lead officer: Shelagh McGregor, Helen Smith


05/12/2018 - Audit Committee Risk Register ref: 3908    For Determination

Decision Maker: Audit Committee

Made at meeting: 05/12/2018 - Audit Committee

Decision published: 03/01/2019

Effective from: 05/12/2018

Decision:

The updated Audit Committee Risk Register was presented by the Financial Services Manager.  The Risk Register had last been reviewed by the Committee on 25 July 2018 and the recommendations from that meeting had been included within the update.  The Financial Services Manager had not identified any further proposals for change.

 

RESOLVED – That the updated Audit Committee Risk Register be noted.

Lead officer: Helen Smith


05/12/2018 - Review of Constitution ref: 3907    For Determination

To review the Financial Procedure Rules, Contract Procedure Rules and any other areas of the Council's Constitution of relevance to Audit Committee.

Decision Maker: Audit Committee

Made at meeting: 05/12/2018 - Audit Committee

Decision published: 03/01/2019

Effective from: 05/12/2018

Decision:

The Audit Committee’s Contribution to the Review of the Constitution was presented by the Financial Services Manager.  The review concentrated on the areas of the Constitution with a direct impact on the financial controls of the Council contained within the Financial Procedure Rules and the Contract Procedure Rules and fed into the Monitoring Officer’s annual review of the Constitution.

 

The review had identified a number of changes which were highlighted within the appendices to the report, namely:-

 

·         to extend the current virement rules for revenue budgets to capital programme and reserves;

·         to clarify terminology and update references to other documents;

·         to propose more delegation around the use of reserves.  Under the current arrangements approval to use reserves is needed from Council as part of the final accounts process but there is not a Council meeting between the finalisation of the reserve movements and the approval of the accounts by Audit Committee;

·         to clarify that the Monitoring Officer can agree it is not expedient to comply with certain contract requirements, such as signing under seal or the use of Council policies.  This reflects the growing use of framework agreements where the terms and conditions to be used have already been agreed and will give the Council appropriate protection; and

·         to remove references to paper tenders: all tender documents are now submitted electronically.

 

The changes proposed would apply from the date of Council approval for the remainder of the current financial year and subsequent years.

 

Further amendment of the Constitution would be required to reflect changes to the Leadership structure and other changes to job titles.  These changes would be included in the Monitoring Officer’s review of the Constitution and would not be separately reviewed by Audit Committee before submission to Council.

 

RESOLVED – That the proposals for amendments to the Constitution, as set out within the appendices to the report, be recommended to Council for approval.

Lead officer: Shelagh McGregor, Helen Smith


29/11/2018 - Planning Application Nos.SL/2018/0016 and SL/2018/0594 - Scales - Land at Flosh Fields ref: 3893    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 29/11/2018 - Planning Committee

Decision published: 03/01/2019

Effective from: 29/11/2018

Decision:

The construction of an equestrian manège (revised siting) (Mr Peter and Janet Kendall).

 

The Planning Officer presented Planning Application No. SL/2018/0594 which sought permission for the construction of an equestrian manège, which involved the revised siting of a manège which had been granted planning permission under SL/2017/1134, and the creation/regularisation of a track serving the proposed manège. The Planning Officer advised Members that Planning Application No. SL/2018/0016 had been withdrawn and therefore the application presented to them today was a single application. He displayed photographs and plans which detailed the proposals and drew Members’ attention to Late Representations which had been circulated prior to the meeting and contained additional conditions and he referred to the site visit.

 

Members gave consideration to surface water drainage and the proposed soakaway and the potential flood risk to other properties in the area. Members considered that a further condition should be added in relation to drainage. In addition the word ‘maintained’ needed to be added to the condition contained within the Late Representations.

 

RESOLVED – That the application be approved 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:

 

1:1250 scale- Location plan – Dwg No FDS0295 – No1 Rev A –

Received 05/07/2018;

1:500 scale – Existing site plan - Dwg No FDS0295 – No 2 Rev A – Received 05/07/2018;

1:500 scale – Proposed site plan - Dwg No FDS0295 – No 2 Rev B – Received 05/07/2018; and

1:100 scale – Proposed plan - Dwg No FDS0271 – No 5 Rev A –

Received 05/07/2018.

 

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

 

Condition (3)   The manêge hereby permitted shall only be used for private equestrian uses and not for commercial equestrian uses or as part of a livery. 

 

Reason:          The use is only acceptable on a limited basis to safeguard the residential amenity of nearby residential properties.

 

Condition (4)   Prior to use of the manêge commencing:

a) A scheme for the provision of external lighting for the manege shall have been 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.

 

b) The approved lighting scheme shall be implemented in full prior to first occupation of the development hereby approved.

 

Reason:          To control the potential for light pollution in accordance with saved Policy C5 of the South Lakeland Local Plan and to safeguard residential amenity of nearby residential properties.

 

Condition (5)   a) The development shall not be commenced until details of surface water management works have been submitted to and approved in writing by the Local Planning Authority. 

 

b) The development shall not be occupied until the approved surface water management works have been provided on the site to serve the development.

 

c) The approved works shall be retained and maintained as such thereafter.

 

Reason:          To ensure adequate provision is made for the management of surface water in accordance with saved Policy S26 of the South Lakeland Local Plan.

 

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.


29/11/2018 - Planning Application No.SL/2018/0833 - Kendal - 31 Underley Road, Kendal ref: 3897    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 29/11/2018 - Planning Committee

Decision published: 03/01/2019

Effective from: 29/11/2018

Decision:

Two storey side extension (Mr and Mrs Barber).

 

The Planning Officer presented Planning Application No. SL/2018/0833 which sought planning permission to erect a two storey side extension at 31 Underley Road, Kendal. He displayed plans and photographs which detailed the proposals and advised Members that the original proposal had been reduced in scale to lessen the impact on the neighbour to the west.

 

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:

 

Location Plan, Drawing No. UND 01 07;

Proposed Site Plan, Drawing No. UND 01 06 A;

Proposed Plans & Elevations, Drawing No. UND 01 03 A; and

Sections, Drawing No. UND 01 08.

 

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

 

Condition (3)   The materials to be used in the construction of the external surfaces of the extension hereby permitted shall match those used in the existing building unless otherwise agreed in writing with the Local Planning Authority.

 

Reason:          To ensure the extension respects the design of the parent building in accordance with Policy CS8.10 of the South Lakeland Core Strategy and saved Policy S2 of the South Lakeland Local Plan.

 

Condition (4)   The car parking area shown on the approved site layout plan No. UND 01 06A shall be laid out and made available for use prior to the first occupation of the hereby approved development and shall thereafter be retained and maintained for the parking of motor vehicles.

 

Reason:          In the interests of local highway safety.

 

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.


29/11/2018 - Planning Application No.SL/2018/0829 - Lower Holker - Part of OS Field No.0005, off Green Lane, Flookburgh ref: 3896    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 29/11/2018 - Planning Committee

Decision published: 03/01/2019

Effective from: 29/11/2018

Decision:

Siting of a welfare shelter and installation of a septic tank (resubmission SL/2018/0635) (Mrs Thompson).

 

Note – Councillor Gill Gardner declared a non-pecuniary interest by virtue of the fact she had been involved in supporting the application and, having regard to the perception of bias, left the meeting during the discussion and voting on this item.

 

The Planning Officer presented Planning Application No. SL/2018/0829 which sought permission for the siting of a welfare shelter and installation of a septic tank in part of OS Field 0005, off Green Lane, Flookburgh. He informed Members that the application was a re-submission of Planning Application No. SL/2018/0635 which had been refused under delegated powers. He displayed photographs and plans which outlined the proposals and made reference to the site visit. Members’ attention was drawn to the Late Representations which had been circulated prior to the meeting. The Planning Officer advised Members that the primary issues were the principle of the development in open countryside without strong operational justification of a farm enterprise.

 

Mr Kevin Thompson, the joint applicant, addressed the Committee. He explained that the application for a mobile welfare shelter was to provide appropriate care for his livestock which included high value horses which were currently kept at Lindale. The daily journey to and from Lindale, to care for the horses, resulted in travelling a total of 240 miles per week on busy, congested roads. He went on to explain that if the facility was provided on his own land this travelling could be avoided and the shelter would provide storage of supplies for the horses, added security and also onsite accommodation if required. He concluded his address by stating that a five year temporary approval would enable a review of the need in the future and he asked Members to approve the application based on its individual merits.

 

The Planning Officer answered questions raised by Members. Members gave consideration to the landscape impact, the lack of demonstrable need for the welfare shelter and the potential for setting a precedent for similar applications.

 

RESOLVED – That the application be refused for the following reasons:-

 

The building is of standard domestic outbuilding appearance and would cause harm to the character and appearance of the landscape without the strong operational justification of a farm enterprise.  In these circumstances the development would be contrary to the aims and objectives of saved Policy S23 of the South Lakeland Local Plan, Policy DM25 of the emerging Development Management Policies Development Plan Document and Policy CS8.2 of the South Lakeland Local Development Framework Core Strategy.

 

The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern with the proposal and discussing those with the applicant.  However, the issues are so fundamental to the proposal that it has not been possible to negotiate a satisfactory way forward and due to the harm which has been clearly identified within the reason for the refusal, approval has not been possible.


29/11/2018 - Planning Application No.SL/2018/0750 - Lower Holker - Land (paddock) adjacent to 47 Allithwaite Road, Flookburgh, Grange-over-Sands ref: 3895    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 29/11/2018 - Planning Committee

Decision published: 03/01/2019

Effective from: 29/11/2018

Decision:

Application for Approval of Reserved Matters pursuant to Outline Planning Application ref. SL/2018/0028) (Mrs Manning).

 

The Planning Officer presented Planning Application No. SL/2018/0750 which sought approval of reserved matters pursuant to Outline Planning Application No. SL/2018/0028 for the erection of a dwelling and bungalow on land (paddock) adjacent to 47 Allithwaite Road, Flookburgh, Grange-over-Sands. He displayed photographs and plans which outlined the reserved matters application and Members’ attention was drawn to the Late Representations which had been circulated prior to the meeting.

 

RESOLVED –That the reserved matters application be granted subject to the following conditions:-

 

Condition (1)   The development hereby permitted shall be carried out in accordance with the following approved plans:

Proposed Site Plan – Drawing No. P-06 Rev. F received 19th

November 2018;

Proposed Elevations House – Drawing No. P-03 Rev. F received 31st October 2018;

Proposed Plans House – Drawing No. P-02 Rev. H received

30th August 2018;

Proposed Elevations Bungalow – Drawing No. P-05 Rev. D

received 31st October

2018;

Proposed Plans Bungalow – Drawing No. P-42 Rev. C received 30th August 2018; and,

Percolation Test Report and Soakaway Design Information received 22nd November 2018.

 

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

 

Condition (2)   The development hereby permitted shall be constructed entirely of materials details of which are shown on:

Proposed Elevations House – Drawing No.P-03 Rev. F received 31st October 2018; and

Proposed Elevations Bungalow – Drawing No. P-05 Rev. D received 31st October 2018.

 

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 (3)   The development hereby approved shall not be occupied until the vehicular access, vehicle turning and vehicle parking provisions have been constructed in accordance with the approved details. The vehicular access, vehicle turning and vehicle parking provisions shall be retained and be capable of use at all times thereafter, and shall not be removed or altered without the prior consent of the Local Planning Authority.

 

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

 

Condition (4)   The development hereby approved shall not be occupied until the approved surface water and foul water disposal works have been completed on site in accordance with the approved details.  The approved works shall be retained as such thereafter.

 

Reason:          To ensure adequate provision is made for the management of surface water and sewage.

 

Condition (5)   The development shall not proceed except in accordance with the hedgerow protection strategy described on Proposed Site Plan – Drawing No. P-06 Rev. F deposited with the Local Planning Authority on 19th November 2018.

 

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.

 

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.


29/11/2018 - Planning Application No.SL/2018/0707 - Kendal - K Village, 1 Riverside Place, Lound Road, Kendal ref: 3892    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 29/11/2018 - Planning Committee

Decision published: 03/01/2019

Effective from: 29/11/2018

Decision:

Part redevelopment of existing buildings (via change of use, occupation of redundant plant space and conversion/extension of roof space) to provide a 69 bedroom hotel (Class C1), 88 one-bedroom apartments (Class C3), office space (Class B1) and flexible retail/office space (Classes A1, A2, A3 and B1) with external alterations to existing elevations and internal courtyard space (Lou Kendal Ltd).

 

The Planning Officer presented Planning Application No. SL/2018/0707 which sought permission for a new hotel on the ground floor of K Village and accommodation on the upper floors through conversion of vacant and/or underused commercial floor space and a new build component fronting Lound Road. He displayed photographs and plans which detailed the proposals and drew Members’ attention to the Late Representations which had been circulated prior to the meeting. The photographs and plans displayed included aerial shots and the existing frontage on Lound Road and the 1st floor courtyard, the plans provided details of the key elevations, a cross section of the building and the external changes which included new and dormer windows. He concluded his presentation by stating that the report before the Members was comprehensive and covered complex issues and the proposal was an imaginative scheme which would bring a building back into active use.

 

Councillor Giles Archibald, District and Kendal Town Councillor, addressed the Committee. He stated that he supported the application of what was an important iconic building with a sad history. He informed Members that he had welcomed the proposals which, in addition to bringing the building back into use, would provide much needed accommodation in the town. The development would add vibrancy to the area, which was also in need of additional hotel space, particularly at busy times such as the Comic Art and Kendal Mountain Festivals. The development would give more options to those visiting the town and local business would benefit from an increase in trade. He stated he was pleased that the owners of the K Village heritage collection had indicated their intention to find a new home for the collection; to a place where it would be more available for visitors. He concluded his address by stating that he strongly supported the development and its success would ensure the building would be well maintained with additional security.

 

Mr Simon Thomas, Chairman of Kendal BID (Business Improvement District), addressed the Committee. He informed the Members that he supported what had been said by Councillor Archibald and he reiterated the need for additional hotel accommodation, which he felt was particularly apparent during Comic Art and Kendal Mountain Festivals. He stated that a consequence of Kendal not having sufficient hotel accommodation was that the town was not getting the economic benefit of the visitors to the festivals, as people were staying in the Lake District. He concluded his address by informing Members that Kendal BID welcomed the development and the increase in trade it would bring to the town.

 

Mr Dan Brown, the applicant’s agent, addressed the Committee. He highlighted that the report had concluded that the technical and policy issues had been addressed and that during consultation 86% of respondents had been in favour of the application and no one had expressly objected. He explained that there was strong support for the proposals and the development would bring benefits to tourism, housing and the local economy. He concluded his address by stating that the applicant was following the M4(2) category of building regulations in the construction of the dwellings and that if the application was approved, work would commence in January 2019 with an 18 to 24 month timeframe for completion.

 

The Planning Officer answered questions raised by Members of the Committee. Members gave consideration to the lack of affordable housing provision and the viability assessment. Members agreed the application offered a bright future to the K Village site.

 

RESOLVED – That the application be approved 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:

 

·         Location Plan: Drawing no. 18111(5)101;

·         Ground Floor Plan as Existing: Drawing no. 18111(5)102;

·         Basement – Level 1 and 2 as Existing: Drawing no. 18111(5)103;

·         First Floor Plan as Existing: Drawing no. 18111(5)104;

·         Second Floor Plan as Existing: Drawing no. 18111(5)105;

·         Third Floor Plan as Existing: Drawing no. 18111(5)106;

·         Roof Plan as Existing: Drawing no. 18111(5)107;

·         Elevations as Existing: Drawing no. 18111(5)108;

·         Sections as Existing: Drawing no. 18111(5)109;

·         Ground Floor Plan as Proposed: Drawing no. 18111(5)110(A);

·         Basement – Level 1 and 2 as Proposed: Drawing no. 18111(5)111;

·         First Floor Plan as Proposed: Drawing no. 18111(5)112;

·         Second Floor Plan as Proposed: Drawing no. 18111(5)113;

·         Third Floor Plan as Proposed: Drawing no. 18111(5)114;

·         Roof Plan as Proposed: Drawing no. 18111(5)115;

·         Elevations as Proposed: Drawing no. 18111(5)116;

·         Sections as Proposed: Drawing no. 18111(5)117; and

·         Cross Sections as Proposed: Drawing no. 18111(5)118.

 

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

 

Materials

 

Condition (3)   The new external surfaces of the building shall be completed in materials that shall first have been agreed in writing by the Local Planning Authority.

 

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

 

Condition (4)   All new doors and windows within the development shall accord with a specification that shall first have been submitted to, and agreed in writing by, the Local Planning Authority.

 

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

 

Uses

 

Condition (5)   The floorspace identified as ‘flexible A1, A2, A3 or B1 use’ on Proposed Ground Floor Layout Plan reference 18111(5)010(A) hereby approved shall be permitted to operate within Use Classes A1, A2, A3 or B1 (or a combination of these Use Classes) upon its first occupation.

 

Reason:          To maintain maximum flexibility between appropriate uses in the relevant parts of the building.

 

Optional housing standards

 

Condition (6)   New-build apartments 201-204, 207-211, 217-230 and 301-320 inclusive shall be constructed to Building Regulations’ M4(2) standards for accessible and adaptable homes.  New-build apartment 204 shall be constructed to meet the Building Regulations’ M4(3) standard for wheelchair adaptation.

 

Reason:          To secure an appropriate level of compliance with Policy DM11 of the South Lakeland Development Management Policies Development Plan Document.

 

Surface water

 

Condition (7)   None of the new floorspace hereby approved shall be first occupied until all new roofs and other hard surfaces have been connected to the existing surface water drainage system.

 

Reason:          To ensure that flood risk is not increased within the site or elsewhere.

 

Highways

 

Condition (8)   None of the new floorspace hereby approved shall be first occupied until any proposed alterations to the highway, including carriageway, footways, footpaths, cycleways etc. have been completed and drained in accordance with a scheme that shall first have been submitted to, and approved in writing by, the Local Planning Authority.

 

Reason:          To ensure a minimum standard of construction in the interests of highway safety.

 

Condition (9)   New ground floor windows and doors abutting the highway shall be of a type which cannot open outwards onto the highway.

 

Reason:          To minimise possible danger to other highway users.

 

Condition (10)None of the floorspace hereby approved shall be first brought into use until a requisite travel plan has been submitted to and approved in writing by the Local Planning Authority.  The travel plan, or plans, shall be developed in accordance with the Framework Travel Plan (Report No. A096046 FTP) dated August 2018 and prepared by WYG, and shall include provision for the appointment of a travel plan co-ordinator, an implementation timetable and enforcement mechanisms; and shall include arrangements for monitoring of progress of the proposals and review thereof.  The travel plan shall be implemented and maintained in accordance with the approved timetable and scheme of monitoring and review as long as any part of the development is occupied.

 

Reason:          To encourage the use of more sustainable modes of transport.

 

Parking

 

Condition (11)None of the floorspace hereby approved shall be first brought into use until a requisite level of parking based upon Table 3.1 of the Transport Assessment WYG (Project No. A096046-1) dated August 2018 has been made available for use by residents, staff, customers and visitors.

 

Reason:           To ensure the timely provision of an appropriate level of parking.

 

Flood action plan

 

Condition (12)None of the floorspace hereby approved shall be first occupied until a requisite Flood Action Plan has been submitted to, and approved in writing by the Local Planning Authority.  The Flood Action Plan must include details of flood evacuation procedures including emergency vehicular and pedestrian routes. Thereafter, the approved Flood Action Plan shall be implemented in accordance with the approved details.

 

Reason:          To minimise the dangers of flooding for residents, staff, customers and visitors.

 

Biodiversity

 

Condition (13)None of the residential units hereby approved shall be first occupied until 15 swift bricks have been fitted beneath the eaves of the Lound Road frontage of the building in accordance with details that shall first have been submitted to, and approved in writing by the Local Planning Authority.  Thereafter, the bricks shall be maintained for the lifetime of the development.

 

Reason:          To secure a net gain in biodiversity in accordance with the National Planning Policy Framework.

 

Condition (14)None of the new accommodation hereby approved shall be first occupied until at least two bat boxes have been installed within the application site in accordance with details that shall first have been submitted to, and approved in writing by  the Local Planning Authority.  Thereafter, the boxes shall be maintained for the lifetime of the development.

 

Reason:          To secure a net gain in biodiversity in accordance with the National Planning Policy Framework.

 

Condition (15)Any external lighting shall be installed and maintained in accordance with a scheme that shall first have been submitted to, and approved in writing by the Local Planning Authority.

 

Reason:          To safeguard residential amenity and minimise disturbance to protect foraging bats.

 

Construction

 

Condition (16)No development shall commence until a Construction Environment and Traffic Management Plan (CE&TMP) has been: (1) submitted to, and approved in writing by, the local planning authority; and (2) implemented in accordance with a timetable contained therein. The CE&TMP shall include details of:

 

·         Proposed vehicle routing;

·         The swept path analysis of the proposed vehicle routes;

·         Proposed scheduling and timing of vehicular movements;

·         Handling facilities for deliveries, including parking arrangements for heavy goods vehicles, construction workers’ vehicles and visitors;

·         Proposals for the loading, unloading and storage of plant, machinery and materials;

·         Any traffic management that is proposed;

·         Measures to control the emission of dust and dirt during construction in adherence with the provisions of the WYG Air Quality Assessment dated August 2018 and, in particular, to ensure that any exposed materials, waste stockpiles are skips are kept covered; 

·         Measures to avoid excess dirt on adjacent roads;

·         Measures to control noise and vibration from plant, equipment and development processes;

·         A designated refuelling area (if required) with dedicated drip trays and spill kits to be provided at least 10m from the River Kent;

·         Bunding with sandbags or silt fencing under/adjacent to the riverside railings to protect the river from any potential sediment or pollution in surface water run-off during heavy rainfall; and

·         Proposals to ensure that artificial lighting is, as far as practicable, directed away from the River Kent.

·         The provisions within the agreed CE&TMP shall be maintained for the duration of the construction phase of the development. 

·         In addition to the above, the following activities are prohibited on site during the construction phase of the development:

v  Burning of waste material; and

v  Washing out of equipment.

 

Reason:          To safeguard residential amenity, minimise disruption to the highway network and to mitigate potential harm to the River Kent SSSI / SAC.

 

Condition (17)No building work or associated deliveries shall occur on Bank Holidays or otherwise outside the hours of 0800 – 1800 Monday to Friday and 0900 – 1300 on Saturdays without the prior written agreement of the Local Planning Authority.

 

Reason:          To safeguard residential amenity and minimise disturbance to protect foraging bats.

 

Amenity

 

Condition (18)Servicing of the hotel from the designated layby on Lound Road shall not occur outside of the hours of 0800 – 2000 Monday to Friday, and 0800 – 1300 Saturdays and Sundays.

 

Reason:          To safeguard residential amenity.

 

Condition (19)Any plant or equipment required incidentally to the uses hereby approved (and not requiring planning permission in its own right), including ventilation, extraction filtration or condensing systems shall be installed and maintained in accordance with a scheme, or schemes, that shall first have been submitted to, and approved in writing by the Local Planning Authority.  The scheme(s) shall be designed to minimise the impacts of noise, fumes and odours on the amenity of surrounding commercial and residential properties, with noise levels not exceeding background noise levels at all existing and proposed residential receptors.

 

Reason:          To safeguard residential amenity.

 

NOTE (1)        Although not directly affected by this development the developer is reminded that a number of trees within adjoining land are subject to a Tree Preservation Order.  This needs to be taken into account in the construction process and particularly in the preparation and implementation of any schemes required to be approved in compliance with conditions on this consent.

 

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 – The Committee voted to adjourn for a break at 11.25 a.m. and reconvened at 11.32 a.m. when the same Members were present.


29/11/2018 - Planning Application No.SL/2018/0608 - Kirkby Lonsdale - Cressbrook (former Cedar House School), Kendal Road, Kirkby Lonsdale ref: 3894    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 29/11/2018 - Planning Committee

Decision published: 03/01/2019

Effective from: 29/11/2018

Decision:

Demolition of an existing classroom block, formation of a new entrance drive, construction of three detached dwellings with associated landscaping, parking, single storey garage and summerhouses (Full Planning Application) (Cressbrook Developments).

 

The Planning Officer presented Planning Application No. SL/2018/0608 which sought permission for the demolition of an existing classroom block, the formation of a new entrance drive and the construction of three detached dwellings. He displayed photographs and plans which detailed the proposals and drew Members’ attention to the Late Representations which had been circulated prior to the meeting and which set out revised recommendations and conditions.

 

The Planning Officer answered questions raised by Members in relation to affordable housing provision and outlined the changes to National Planning Policy Framework in this regard.

 

Members considered the application and thanked the Planning Officer for a well written and balanced report. In addition they took the opportunity to thank the Planning Officer, Chris Harrison, who would be leaving the employment of the Council at the end of the year, for his service to the authority and to wish him well for the future.

 

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

 

The agreement of an acceptable scheme of surface water drainage with Cumbria County Council – LLFA; and,

 

The planning conditions outlined at the end of this report.

 

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:

Site Location Plan – Drawing No. KL2773 12 A

Proposed Site Plan – Drawing No. KL2773 01 C

Proposed Lower Ground Floor Plan – Drawing No. KL2773 02 A

Proposed Ground Plan – Drawing No. KL2773 03 C

Proposed First Floor Plan – Drawing No. KL2773 04 C

Proposed Second Floor Plan – Drawing No. KL2773 05 C

Elevations As Proposed Plot 1 – Drawing No. KL2773 06 A

Elevations As Proposed Plot 2 – Drawing No. KL2773 07 A

Elevations As Proposed Plot 3 – Drawing No. KL2773 08 C

Site Sectional Elevations – Drawing No. KL2773 09 C

Boundary Wall Details – Drawing No. KL2773 10 C

Block Plan – Drawing No. KL2773 11 C

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

Surface Water

Condition (3) The development hereby approved shall not be occupied until the scheme for the disposal of surface water as detailed in the Drainage Strategy – Proposed Residential Development at Cressbrook House, Kirkby Lonsdale – K35474/01/DS/RH Issue A received 23rd November 2018 has been completed on site. The approved works shall be retained as such thereafter.

 

Reason: To ensure adequate provision is made for the management of surface water and sewage.

 

Materials

 

Condition (4) 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.  The development shall be carried out in accordance with the approved details of materials 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.

 

Construction Impacts

Condition (5) The development shall not proceed except in accordance with the provisions of the Construction Method Statement – Cressbrook, Kirkby Lonsdale, Carnforth, Lanc received 26th November 2018;

 

Reason: In the interests of highway safety in accordance with Policy CS10.2 of the South Lakeland Core Strategy and to safeguard the amenity of neighbouring occupiers in accordance with the provisions of the National Planning Policy Framework.

 

Condition (6) 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 the National Planning Policy Framework.

 

Arboriculture

Condition (7) The development shall not proceed except in accordance with the provisions of the Arboricultural Impact Assessment – Cressbrook Garden, Kirkby Lonsdale received 26th November 2018.

 

Reason: For the avoidance of doubt and to prevent harm to 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 (8) a) A landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas shall be submitted to and approved in writing by the Local Planning Authority prior to first occupation of the development. b) The landscape management plan shall be carried out as approved.

 

Reason: 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.

 

Access/Parking

Condition (9) Prior to the first occupation of the development, the approved parking layout and turning space shall be constructed, marked out and made available for use and shall be retained as such thereafter.  The parking spaces shall be used solely for the benefit of the occupants and visitors of the development hereby approved and for no other purpose.

 

Reason: In the interests of highway safety in accordance with saved Policy S10 of the South Lakeland Local Plan.

 

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.


29/11/2018 - Planning Application No.SL/2018/0181 - Kendal - 9 and 10 Aynam Road, Kendal ref: 3891    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 29/11/2018 - Planning Committee

Decision published: 03/01/2019

Effective from: 29/11/2018

Decision:

Demolition of a shop, workshop, stores and house and erection of eight apartments (Aynam Tower Developments).

 

Note – Councillor Pete McSweeney declared a non-pecuniary interest in this item by virtue of the fact the applicant was known to him and he had been in discussion with the applicant in regard to the application before the meeting. Having regard to the perception of bias and/or predetermination, he left the meeting during the discussion and voting on the item; and

 

Councillors Rupert Audland, John Holmes, Kevin Lancaster and David Williams declared non-pecuniary interests by virtue of the fact the applicant was known to them. They remained in the meeting during discussion and voting on the item.  

 

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

 

The Planning Officer presented Planning Application No. SL/2018/0181 which sought planning permission for the demolition of a shop, workshop, stores and house and the erection of eight apartments. He displayed plans and photographs which detailed the proposals. The Planning Officer advised Members that in 2016 a planning application had been submitted and refused over concerns in respect of flood risk, impact on Kendal Conservation Area, access and impact on neighbours. He went on to outline the details of the revised proposal which sought to address the reasons for refusal of the previous application. The Planning Officer outlined the details of the proposed three storey building and explained that the ground floor would be an undercroft car park.

 

Brenda Gray, a supporter, addressed the Committee and referred to the comprehensive planning report and stated that she welcomed the Officer’s recommendation for approval. She referred to the Council Plan and stated that the development would support the relocation of a local business which had been devastated by Storm Desmond and support the local housing need. She felt that the site was ripe for a development which would enhance the environment and that this was a win-win situation.  

 

Councillor Graham Vincent, Economy and Assets Portfolio Holder, addressed the Committee. He stated that he supported the application which was a strategic fit to the river corridor of Kendal. He highlighted the development and ongoing work in the area, which included New Road Common, The Factory, the renovation of the Alms Houses, the Parish Church Hall, the proposed Abbot Hall scheme and the ground works outside Waterside. He concluded by stating that presentation was everything and the proposed development was a suitable and attractive fit.

 

Mr Graham Harrison, the applicant, addressed the Committee. He began his address by stating that he wished to highlight the work and involvement of the professionals, in addition to his architect, engineers and advisors, who had contributed knowledge, experience and time in order to bring forward the innovative and attractive design which demonstrated that it was possible to build flood resilient dwellings in Kendal. He informed the Committee that although the design had been challenging, everyone involved had been very proud of what had been achieved. He concluded his address by acknowledging the individuals and organisations which had been involved in the application, for their proactive, engaging and pragmatic approach to the application.

 

Members thanked the Planning Officer for the comprehensive report and presentation and agreed it had been an excellent site visit and that it was a superb application which would be a great improvement to the existing building. 

 

RESOLVED – That planning permission 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:

 

K787/001, Existing Site Plan and Site Location Plan;

K787/004A, Proposed Site Plan and Site Location Plan;

K787-05B, Proposed Ground Floor Plan;

K787-06A, Proposed First Floor Plan;

K787-07A, Proposed Second Floor Plan; and

K787-008C, Proposed Elevations.

 

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

 

Materials

 

Condition (3)   The new external surfaces of the building shall be completed in materials that shall complement the existing building and shall first have been agreed in writing by the Local Planning Authority.

 

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

 

Landscaping

 

Condition (4)   None of the apartments hereby approved shall be first occupied until detailed landscaping proposals for the “Planted Zone / Permeable Area” identified on the Proposed Ground Floor Plan (drawing K787-05B) have been submitted to, and agreed in writing by, the Local Planning Authority. The landscaping proposals shall include a timetable for completion and thereafter shall be carried out in accordance with the agreed timetable.

 

Reason:          To safeguard and enhance the character of the area.

 

Highways

 

Condition (5)   The construction of the vehicular access, including the lowering of the kerbs and the provision of drainage, shall be carried out in accordance with a specification that shall first have been submitted to, and approved in writing by, the Local Planning Authority. Thereafter, the vehicular access shall be maintained as approved for the lifetime of the development.

 

Reason:          To safeguard and enhance the character of the area.

 

Condition (6)   None of the apartments hereby approved shall be first occupied until the approved vehicular access, together with the approved on-site turning and parking facilities, have been constructed and made available for use. Thereafter, the vehicular access together with the on-site turning and parking facilities shall be retained and capable of use for the lifetime of the development.

 

Reason:          To safeguard highway safety.

 

Condition (7)   No development shall commence until a Construction Environment and Traffic Management Plan (CE&TMP) has been: (1) submitted to, and approved in writing by, the Local Planning Authority; and (2) implemented in accordance with a timetable contained therein. The CE&TMP shall include details of:

 

·         The construction of the site access and the creation, positioning and maintenance of associated visibility splays;

·         Access gates, which must be hung to open away from the public highway no less than 5m from the carriageway edge and incorporating the necessary visibility splays;

·         Details of proposed crossings of the highway verge;

·         Retained areas for vehicle parking, manoeuvring, and loading and unloading of vehicles for their specific purpose during the development;

·         The surfacing of the access roads from the pubic highway into the site for a minimum distance of 15m;

·         The management of junctions to and crossings of the public highway and other public rights of way/footway;

·         The scheduling and timing of movements, temporary warning signs and banksman details;

·         A designated refuelling area (if required) with dedicated drip trays and spill kits to be provided at least 10m from the River Kent;

·         Measures to control the emission of dust and dirt during construction and, in particular, to ensure that any exposed materials, waste stockpiles are skips are kept covered; 

·         Bunding with sandbags or silt fencing under/adjacent to the riverside railings to protect the river from any potential sediment or pollution in surface water run-off during heavy rainfall.

·         The provisions within the agreed CE&TMP shall be maintained for the duration of the construction phase of the development. 

·         In addition to the above, the following activities are prohibited on site during the construction phase of the development:

v  Burning of waste material; and

v  Washing out of equipment.

 

Reason:          To safeguard residential amenity, minimise disruption to the highway network and to mitigate potential harm to the River Kent SSSI / SAC.

 

Flood risk

 

Condition (8)   No development shall commence until a specification for a surface water drainage system, including long-term maintenance, has been submitted to, and approved in writing by, the Local Planning Authority. None of the approved apartments shall be first occupied until the approved surface water drainage system has been completed and made operational. Thereafter, the approved system shall be maintained for the lifetime of the development in accordance with the agreed specification.

 

Reason:          To ensure that flood risk is not increased within the site or elsewhere.

 

Condition (9)   No development shall commence until a scheme for: (1) flood resilience for the building up to 45.00m AOD; (2) and flood resistance for the proposed first floor plant room (in accordance with the recommendations of the Flood Risk Assessment & Surface Water Drainage Strategy prepared by R. G. Parkins & Partners Ltd dated 28 February 2018) has been submitted to, and approved in writing by, the Local Planning Authority. Thereafter, the development shall be completed in accordance with the agreed scheme.

 

Reason:          To minimise risks to future occupants.

 

Condition (10)None of the apartments hereby approved shall be first occupied until its intended occupants have been supplied with a copy of the “AYNAM TOWER FLOOD PLAN” prepared by R. G. Parkins & Partners Ltd. dated 13 March 2018.

 

Reason:          To minimise risks to future occupants.

 

Biodiversity

 

Condition (11)None of the apartments hereby approved shall be first occupied until swift boxes or bricks have been installed in accordance with a scheme that shall first have been submitted to, and approved in writing by, the Local Planning Authority. Thereafter, the boxes shall be maintained for the lifetime of the development.

 

Reason:          To secure a net gain in biodiversity in accordance with the National Planning Policy Framework.

 

Parking

 

Condition (12)None of the apartments hereby approved shall be first occupied until the parking provision shown on approved Proposed Ground Floor Plan (drawing K787-05B) has been constructed and made available for use.

 

Reason:          To ensure the timely provision of an appropriate level of parking.

 

Contamination

 

Condition (13)In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority.  An investigation and risk assessment must be undertaken and where remediation is necessary a remediation scheme must be prepared, which is subject to the approval in writing of the Local Planning Authority.

Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority.

 

Reason:          To prevent harm to human health and the environment in accordance with the National Planning Policy Framework.

 

Condition (14) No building work or associated deliveries shall occur on Bank Holidays or otherwise outside the hours of 0800 – 1800 Monday to Friday and 0900 – 1300 on Saturdays without the prior written agreement of the local planning authority.

 

Reason:          To safeguard residential amenity.

 

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.


29/11/2018 - Planning Performance and Appeals Update ref: 3899    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 29/11/2018 - Planning Committee

Decision published: 03/01/2019

Effective from: 29/11/2018

Decision:

The Planning and Performance and Appeals Update was presented by the Interim Development Management Team Leader and he highlighted the statistical performance of the Authority and the two year assessment period, which was set by the Government, and the risks associated with an 80% failure rate.

 

The Interim Development Management Team Leader and the Solicitor to the Council provided further clarity regarding the statistics. Members discussed the statistics and in response to a request to make the report clearer and presented in a more understandable format, the Interim Development Management Team Leader undertook to make revisions to the report.

 

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


29/11/2018 - A Report on Monthly Enforcement Activity ref: 3898    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 29/11/2018 - Planning Committee

Decision published: 03/01/2019

Effective from: 29/11/2018

Decision:

The Interim Development Management Team Leader introduced the Monthly Enforcement Report which outlined Enforcement Activity between 1 October and 31 October 2018. He advised Members that the applicant and agent for Monton, Cart Lane, Grange-over-Sands, had met with him and he was awaiting submission of further information. He stated that the Inspector’s appeal decision had left the door open for the applicant to comply with the decision and then to re-erect a dormer at the rear of the property. He confirmed that he would provide an up-to-date report at a future meeting of the Committee. The Interim Development Management Team Leader answered questions raised by Members and advised that he would provide an update to all Members in regard of Egton-with-Newland. In response to a query regarding Cowan Estate and Pennington, the Interim Development Management Team Leader undertook to provide a written response.

 

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.