Decision details

Planning Application No. SL/2019/0359 OS Field Nos. 1737 and 1841 to the north of Boon Town, Burton in Kendal

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decisions:

Erection of 28 affordable dwellings and associated infrastructure (South Lakes Housing).

Note – The Planning Officer’s presentation displayed at the meeting had been circulated to Members and displayed on the Council’s Website on the day before the meeting.

 

Note - Councillor John Holmes declared a disclosable pecuniary interest in this item by virtue of the fact that he was one of South Lakeland District Council’s nominated Directors on the Board of South Lakes Housing and he was disconnected for the remainder of the meeting.

 

Councillor Suzanne Long, declared a non-pecuniary interest in this item by virtue of the fact that she had expressed an interest in a position relating to South Lakes Housing. She explained that she did not feel biased or pre-determined on the matter but was mindful of the perception of bias in the case and would not take place in the item and she was disconnected for the remainder of the meeting.

 

Councillor Vicky Hughes declared a non-pecuniary interest in the item by virtue of the fact that she lived in Burton-in-Kendal. She explained however, that she was not biased or predetermined and remained connected to the virtual meeting and took part in the discussion and voting on the item.

 

Councillor Brian Cooper declared a non-pecuniary interest in the item by virtue of the fact that the applicant was known to him. He explained however, that he was not biased or predetermined and remained connected to the virtual meeting and took part in the discussion and voting on the item.

 

The Planning Officer presented Planning Application No. SL/2019/0359 which sought full planning permission for the erection of 28 affordable dwellings and associated infrastructure on an allocated site. He displayed plans and photographs which outlined the proposals and explained that the access road to the site was part owned by the Council. The Planning Officer outlined the proposal which comprised of: two storey semi-detached dwelling houses; detached and semi-detached bungalows; and two blocks of maisonettes. He explained that a new access point had been proposed and the road would serve a small number of culs-de-sac within the proposed development. In addition a new pedestrian link would lead into the public footpath which ran along the northern site boundary.

The Planning Officer advised Members that the tenure of the dwellings, as outlined in the report, had changed and it was now 19 affordable rented in perpetuity and nine shared ownership homes. He explained that the proposal offered a significant contribution to affordable dwellings needed in the Rural Kendal Housing Market. He drew Members’ attention to the landmark ash tree which would be removed and went on to outline the access to the site which would be across a strip of land which was owned by South Lakeland District Council. The Planning Officer informed Members that a small strip of land would be lost from an existing play area which would necessitate the relocation of two swings. The Parish Council had raised no objections in this regard. In addition the link to the public footpath and the improvement of the existing public footpath to the main square would be secured by way of a Section 106 Agreement.

The Planning Officer concluded his presentation by outlining the slight harm to the setting of the listed buildings and conservation area and the loss of the mature ash tree. He explained that the harm would be outweighed by the public gain of 28 affordable dwellings and the hard and soft landscaping proposed would reduce the impact on the visual amenity of the landscape settlement character and there would be no adverse impact on the residential amenity of neighbouring dwellings.

The Planning Officer responded to questions raised by Members. He clarified the affordable housing provision and explained that as the dwellings were Housing Association there would be no right to buy the shared ownership homes.

The Legal, Governance and Democracy Specialist (Monitoring Officer) informed Members that the Section 106 Agreement would detail the staircasing restrictions on the shared ownership properties and the perpetuity of the affordable rented and shared ownership properties. She explained that the Section 106 Agreement was in draft stage and restricted the staircasing to 80% and undertook to provide a written response in order to provide clarification in this regard. In answer to a question relating to perpetuity, it was explained that some lenders requested clauses that impacted upon this and it was explained that South Lakeland District Council always sought to state that the obligations would bind the land.

In response to concerns regarding existing drainage issues within the village and the flood risk, the Planning Officer explained that a flood risk assessment had been submitted with the application and that the drainage would be surveyed and upgraded and ongoing discussions would take place between the developer and the Local Lead Flood Authority.

Members enquired about parking provision and asked if there would be electric charging points. The Planning Officer advised Members that there was no policy requirement for electric charging points.

The Legal, Governance and Democracy Specialist (Monitoring Officer) provided clarity regarding shared ownership and local occupancy and explained that staircasing restrictions could be agreed under delegated powers.

A Member highlighted concerns regarding renewable energy as outlined in policy DM2 paragraph 9. They referred to the fact there was no mention of renewable energy sources, rainwater gathering and solar gain had not been considered. There was no consideration of bicycle storage or the provision of electric charging points. The Member concluded by highlighting South Lakeland District Council’s (SLDC) declaration of a Climate Emergency and that climate change and biodiversity was at the heart of everything SLDC did.

A motion to refuse the application was proposed and seconded and a vote was taken on the motion, during which all Planning Committee Members confirmed that they had, without interruption, heard the full presentation and discussion on the item.

The motion to refuse the application was lost.

A motion to approve the application was proposed and seconded.

Members gave consideration to the concerns previously highlighted and the Planning Officer advised Members that there was no policy for the provision of electric charging points or solar panels. The Interim Development Management Team Leader highlighted other planning considerations and explained that often with developments compromises had to be struck and that where there were no specific policies in the Core Strategy or Development Management DPD, lessons could be learned and comments could be fed into the review of the Local Plan.

A vote was taken on the motion to approve the application, during which all Planning Committee Members confirmed that they had, without interruption, heard the full presentation and discussion on the item and it was

RESOLVED – That

(1)        the Head of Planning be delegated authority to grant planning permission subject to the details of a S106 Agreement to be delegated to the Head of Planning and the Chair of the Planning Committee; and

(2)        the following Conditions:

SECTION 106 AGREEMENT:

The development shall not commence until such time as a suitably worded legal agreement has been completed to the satisfaction of the local planning authority for the following

·         The provision of 28 affordable units as outlined within the report. To comprise 19 affordable rented in perpetuity and nine Shared Ownership homes

·         funding by the developer of a satisfactory footway to link continuously and conveniently to the village centre. The following contributions are required

£7000 for the provision of a public footpath.

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 LP01 P1, Proposed Site Layout. Dwg no 101-P3, Boundary treatment plan Dwg no SK06 D3, Planting Plan. Dwg no 1572-1-50 Rev F, Proposed Foul & Surface Water Drainage Plan dwg no K35155/A1/100 Rev H, Proposed Highway Levels and finished floor levels dwg no K35155/A1/101 Rev F, Proposed Roof Plan - Dwg no SK05 D4, Vehicle tracking analysis. Dwg no K35155/A1/103 Rev B, House Type Booklet: September 2019, Design & Access Statement: September 2019 - Rev A, Proposed streetscene. A2 Dwg no SK10, Ecological Appraisal Envirotech 28th January 2020,  Flood risk assessment and drainage strategy R. G. Parkins & Partners Ltd Revision C January 2020, Pre-development Arboricultural Report Treescapes Consultancy Ltd dated 1 April 2019, Landscape and Visual Appraisal Glenkemp April 2019,  Phase 1: desk top study report (preliminary environmental risk assessment) Geo Environmental Engineering 13 April 2018, Phase ii: ground investigation report Geo Environmental Engineering 20.07.2018.

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

Condition (3)   Before the commencement of the dwellings sample panels of the materials to be used for the external surfaces of the dwellings hereby approved shall be erected at the application site and no external walling shall be erected until written approval for the materials has been given by the Local Planning Authority. The approved details shall be fully implemented. 

Reason:           In the interests of visual amenity and in accordance with Policy DM1 of the Councils Development Management Policies.

Condition(4)    The approved landscaping scheme as shown on planting plan dwg no 1572-1-50 Rev F shall be fully implemented within the first planting season following completion of the development.

a)         All trees, shrubs and hedge plants supplied shall comply with the requirements of British Standard 3936, Specification -for Nursery Stock. All pre-planting site preparation, planting and post-planting maintenance works shall be carried out in accordance with the requirements of British Standard 4428(1989) Code of Practice for General Landscape Operations (excluding hard surfaces).

b)         All new tree plantings shall be positioned in accordance with the requirements of Table A.1 of BS5837:2012 Trees in Relation to Design, Demolition and Construction(Recommendations)

c)         Any trees, shrubs or hedges planted in accordance with this condition which is removed, die, become severely damaged or become seriously diseased within five years of planting shall be replaced within the next planting season by trees, shrubs or hedging plants of similar size and species to those originally required to be planted.

Reason:           To ensure appropriate landscaping of the site and in accordance with Policy DM4 of the Councils Development Management Policies.

Condition 5

i) No development shall commence, on any part of the approved scheme, until the full scheme details, as described in the approved Transport Assessment paragraphs  4.11 – 4.19, have been submitted to and agreed by the Local Planning Authority.  

ii) The dwellings hereby permitted shall not be first occupied until the highway works agreed under part i) above, have been fully completed and retained therafter.

Reason:           In the interests of highway safety.

Condition (6) Prior to the commencement of any development, detail of the retaining wall on the western boundary of the site must be provided including an analysis of its effects on sub surface flow lines in combination with increased infiltration and how this will affect downslope properties. The approved details shall be fully implemented prior to the first occupation of the development.

Reason:           To ensure that flood risk is not increased elsewhere and in accordance with Policy DM6 of the Councils Development Management Policies.

Condition (7)   Prior to the commencement of any development, detail of the permeable farm access track must be provided. The approved details shall be fully implemented prior to the first occupation of the development. 

Reason:           To ensure that flood risk is not increased elsewhere and in accordance with Policy DM6 of the Councils Development Management Policies.

Condition (8)   Prior to the commencement of any development, full details of the geocellular soakaways and rain gardens shall be provided to the local planning authority for its written approval. The approved details shall be fully implemented prior to the first occupation of the development and thereafter retained as approved. 

Reason:           To ensure that flood risk is not increased elsewhere and in accordance with Policy DM6 of the Councils Development Management Policies.

Condition (9)   No development shall commence until a construction surface water management plan has been submitted to and agreed in writing with the local planning authority. The approved details shall be fully implemented prior to the first occupation of the development and shall be retained thereafter in the approved form. 

Reason:           To safeguard against flooding to surrounding sites and to safeguard against pollution of surrounding watercourses and drainage systems and in accordance with Policy DM6 of the Councils Development Management Policies.

Condition(10)  A Surface Water Validation Report that demonstrates that the drainage scheme and exceedance routes are being carried out in accordance with the approved documents shall be submitted for approval to the Local Planning Authority for each distinct phase of this development, but should include as a minimum a post 50% occupation validation and a validation prior to occupation of the final dwelling.

Reason:           To ensure adequate provision is made for the management of surface water and in accordance with Policy DM6 of the Councils Development Management Policies.

Condition(11)  No development shall commence until a Construction Management Plan (CMP) has been submitted to, and approved in writing by, the local planning authority.

The CMP will include:

arrangements for the parking of vehicles of site operatives and visitors;

arrangements for loading and unloading of plant and materials;

storage arrangements for plant and materials used in constructing the development;

proposed wheel washing facilities;

measures to control noise and vibration from plant, equipment and development  processes– this to include any rock pecking and excavations;

measures to control the emission of dust and dirt during construction;

construction site lighting designed to negate light spillage from the site boundary.

The approved CMP shall be adhered to during the construction period.

Reason:           In the interests of neighbouring residential amenity and in accordance with Policy DM1 of the Development Management Polices (DPD).

Condition (12)No construction work for this development should take place on the site, except between the hours 08.00 - 18.00 Monday to Friday and 09.00 – 13.00 on Saturdays. 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 future residents and protect amenity of nearby residents from noise disturbance.

Condition (13)The dwellings hereby approved shall be constructed to meet the Building Regulations M4(2) standards for accessible and adaptable homes.

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

Condition (14)Notwithstanding the approved plans, the development hereby permitted shall incorporate two internal swift bricks on each unit on plots 5,7,8 to 23 inclusive. Any variation to this shall be submitted to and approved by the Local Planning Authority. The swift bricks shall be retained as such thereafter.

Reason:         In accordance with Policy CS8.4 of the South Lakeland Core Strategy and Policy DM4 of the Local Plan Development Management Polices Development Plan Document.

Publication date: 10/09/2020

Date of decision: 11/06/2020

Decided at meeting: 11/06/2020 - Planning Committee

Accompanying Documents: