Decision details

Planning Application No. SL/2018/0806 - Land at High Sparrowmire, Kendal

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decisions:

Hybrid application for the erection of 24 affordable dwellings (Full Planning Application) and one dwelling (Outline) (amended scheme) (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.

 

Councillor John Holmes declared a pecuniary interest in this item by virtue of the fact he was a Director of South Lakes Housing and he was disconnected from the virtual meeting for the item.

 

Councillor Brian Cooper by virtue of being pre-determined and having regard to bias and/or predetermination was disconnected from the virtual meeting for the item.

 

The Planning Officer presented Planning Application SL/2018/0806 which was a hybrid application and which sought part full and part outline permission for 25 dwellings on a site north of High Sparrowmire, Kendal. The full element of the application proposed 24 units which were all affordable and the outline element was for a single, proposed self-build dwelling. The Planning Officer drew Members’ attention to an update to his report regarding the recorded delivery of affordable housing for the entire district and confirmed that the recently published Housing Land Annual Position Statement recorded an additional 34 units. In addition he drew Members’ attention to a correction within the report, which related to the minimum separation distance between the existing properties on Moorefield Close and unit 24, which should have read 16.6m and not 16.2m as stated in the report.

 

The Planning Officer referred to the site visit, which some Members had attended in 2019. He drew Members’ attention to the late representations which had been circulated prior to the meeting and explained that they were a response, from the drainage engineers, to a communication which had been circulated by local residents directly to members of the Planning Committee on Monday, 21 September 2020.

 

The Planning Officer informed Members that the site had been allocated for housing development by policy LA1.3 of the Land Allocations Development Plan Document and he displayed plans and photographs which outlined the proposals. The Planning Officer outlined the mix of detached, semi-detached units and flats. He went on to outline the landscape impact and informed Members that the site was currently an open field with open views to the north and north west. He explained that in the long term the development would be obscured, in part, by more extensive development of land to the west of High Sparrowmire, which was allocated for housing by policies LA1.3 and LA2.1 of the Land Allocations DPD.

 

The Planning Officer highlighted the concerns raised in written representations received, in particular what had been described by residents as a tortuous access route which included a sharp bend. The Planning Officer reminded Members that the sharp bend had been highlighted to those present at the site visit in 2019 and reiterated that the local highway authority had raised no objections. This was confirmed by the local highway authority representative present at the meeting.

 

The Planning Officer displayed further photographs and highlighted a number of trees, adjoining the entrance to the site, which would be removed. He drew Members’ attention to a hawthorn tree which was in the back garden of 14 Moorefield Close and explained that in the original plans the tree had been shown for removal, as the arboricultural report had assumed the tree would not survive the associated below ground engineering works. The Planning Officer informed Members that the applicant had made amendments to the plans, the site access and adjoining ground levels, which had previously been within the root protection area of the hawthorn tree. The amended plans included the removal of the footway formerly proposed on the west side of the of the site entrance. The Planning Officer informed Members that there was now a reasonable chance of the survival of the hawthorn tree in the garden of 14 Moorefield Close.

 

The Planning Officer outlined the surface water drainage proposals which included five geocellular attenuation tanks with outflows being channelled, via infiltration trenches, towards an existing shallow valley which would follow the natural topography before discharging onto the adjoining railway embankment. He drew Members’ attention to the photographs which had been circulated directly to members of the Planning Committee by local residents and which included a photograph, taken in February 2020, of a flooded area of the site following a significant flooding event. The Planning Officer explained that the residents had attempted to superimpose the photograph on to the site plan to demonstrate that units 9 and 10 would be flooded. The Planning Officer informed Members that the drainage engineers had responded to the residents’ concerns regarding the on-site surface water flooding to the land, and the response was included within the late representations, which had been circulated prior to the meeting. The drainage engineer’s report had assessed that the water level of the flooded area was approximately 67.00m AOD (Above Ordnance Datum) and concluded that it was improbable that ponding water would exceed a level much greater than 67.00m AOD and in addition units 9 and 10 were set at a finished floor level of 68.50m AOD and the amended proposal also included retaining walls.

 

The Planning Officer concluded his presentation by reiterating the details of the robust landscaping proposals and planting plan which had been submitted by the applicant in August 2020 and which included a mixed native species hedge along the north and north west boundary, specimen tree planting in the amenity area and woodland planting. 

 

Note – at this point in the proceedings the Chairman requested that the public participants, speaking in opposition to the application, be dialled into the meeting to make their representations.

Rachel Burles; Richard Smith (speaking on his own behalf and on behalf of Paul Naylor); Amena Cassagne; Jo Miller (speaking on her own behalf and on behalf of Alison Norris); and Lee Gillies addressed the Planning Committee in opposition to the application.

Note – at this point in the proceedings the Chairman requested that the public participant, speaking in support of the application, be dialled into the meeting.

Chris Garner, the applicant’s agent, addressed the Planning Committee in support of the application.

Note – at this point in the proceedings, Members were advised that Colin Parkes and Doug Coyle, representing Cumbria County Council’s Local Highway Authority and Lead Local Flood Authority, were present in the meeting in order to answer any questions Members may have.

The Planning Officer, Colin Parkes and Doug Coyle responded to concerns raised during public participation. The Planning Officer advised Members that Network Rail had raised no objections to the proposals; he refuted the claim that the allocation of the site was a mistake and informed Members that the allocation of the site had followed public consultation and the local plan had been ratified by a government inspector. He commended the applicant for the adjustment to the scheme to protect the hawthorn tree in the garden of 14 Moorefield Close and added that the tree was not protected and from a planning point of view the tree was of low quality. Doug Coyle reiterated that the Lead Local Flood Authority had no concerns regarding the proposed surface water drainage plan. Colin Parkes advised Members that the radius of the sharp bend on the proposed site entrance was below the recommended guidelines, he explained however, there was an element of flexibility regarding the guidelines so long as there were no safety issues.  

 

The Planning Officer, the Housing Strategy and Delivery Specialist the Legal, Governance and Democracy Lead Specialist, Doug Coyle and Colin Parkes responded to questions raised by Members. Members sought clarity regarding the affordable housing in perpetuity, the attenuation tanks and the surface water drainage scheme.

 

Members gave consideration to the application and acknowledged the concerns raised by local residents. Members considered the provision and mix of affordable housing on the allocated site, the surface water drainage plan and the risk of flooding associated with extreme storm events. Members referred to the fact that there had been no objections from statutory consultees.

 

A motion to approve 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 and it was

RESOLVED – That authority be delegated to the Director of Customer and Commercial Services to grant planning permission subject to:

a.         A section 106 agreement to ensure that all 24 units proposed as part of the full application (96% of the total) are provided as affordable accommodation on the basis of the following tenure split:

i.          10 units social rent;

ii.         14 units to be shard ownership.

All successors in title, including mortgagees in possession, are to be bound to maintain the affordable accommodation in perpetuity, except where statutory provisions provide otherwise. 

b.         The following conditions:

Condition (1)   Development on that part of the site relating to plots 1 – 24 identified on SKETCH SITE LAYOUT, SK05revP is hereinafter referred to as “the Full Permission”.

Development on that part of the site relating to the “SB PLOT” identified on SKETCH SITE LAYOUT, SK05revP is hereinafter referred to as “the Outline Permission”.

The Full Permission

Condition (2)   The development to which the Full Permission relates 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 (3)   The development to which the Full Permission relates shall be carried out in accordance with the following approved plans:

           SKETCH SITE LAYOUT, SK05revP

           SKETCH SITE LAYOUT, Coloured, SK06revP

           Streetscene, SS-01B

           NDSS + Part M Category 2 Compliant 2Bed / 4Person Bungalow Planning Drawing, N1-01

           NDSS + Part M Category 2 Compliant 2Bed / 4Person Housetype Planning Drawing, N1-02

           Nationally Described Space Standard Compliant 3Bed / 5Person Housetype Planning Drawing, N1-03

           Nationally Described Space Standard Compliant 3Bed / 5Person Housetype Planning Drawing, N1-04

           NDSS + Part M Category 2 Compliant 1Bed / 2Person & 2Bed / 3Person Tyneside Flat, N1-06

           Proposed Highway Levels & Finished Floor Levels, K34416/A1/200 F

           Proposed Sections Through Site, K34416/A1/201 Revision C

           Proposed Foul & Surface Water Drainage Plan, K34416/A1/210 E

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

Materials

Condition (4)   The roofs, doors and windows to be constructed/installed in the dwellings hereby approved by the Full Permission shall be constructed/installed in accordance with details that shall first have been submitted to, and approved in writing by, the local planning authority.

Reason            To ensure compliance with South Lakeland Core Strategy Policy CS8.10 (Design) and policies DM1 (General Requirements for all development) and DM2 (Achieving Sustainable High Quality Design) of the South Lakeland Development Management Policies Development Plan Document.

Highways and parking

Condition (5)   No development associated with the Full Permission shall commence until a specification for the design, drainage and lighting of carriageways, footways, footpaths and cycleways has been submitted to, and approved in writing by, the local planning authority. The specification shall accord with the standards laid down in the Cumbria Design Guide and shall include longitudinal cross-sections. Thereafter, none of the houses hereby approved shall be first occupied until carriageways, footways, footpaths and cycleways have been constructed to base course level and street lighting, where it is to form part of the estate road, has been provided and brought into full operational use. 

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

Condition (6)   No individual dwelling approved by the Full Permission shall be first occupied until its dedicated parking provision shown on SKETCH SITE LAYOUT SK05revP has been constructed and made available for use. No more than ten dwellings shall be first occupied until the five visitors parking spaces shown on SKETCH SITE LAYOUT SK05revP has been constructed and made available for use.

Reason            To ensure the timely provision of car parking in accordance with policy DM9 (Parking Provision, new and loss of car parks) of the South Lakeland Development Management Policies Development Plan Document.

Landscaping

Condition (7)   No development associated with the Full Permission shall commence until a hard landscaping scheme has been submitted to, and approved in writing by, the local planning authority. The scheme shall include details of: (i) proposed finished levels or contours; (ii) means of enclosure; (iii) finishes for car parking areas, and other vehicle and non-adopted pedestrian access and circulation areas; and (iv) incidental structures (e.g. refuse or other external storage units etc.). No individual dwelling shall be first occupied until those elements of the approved hard landscaping scheme within its curtilage, or meeting its parking or non-adopted requirements, have been completed in accordance with the approved details.

Reason            To safeguard and enhance the character of the area in accordance with policy LA1.3 of the South Lakeland Land Allocations Development Plan Document and policy DM4 (Green and Blue Infrastructure, Open Space, Trees and Landscaping) of the South Lakeland Development Management Policies Development Plan Document.

Condition (8)   The new planting forming part of the soft landscaping detailed on approved Planting Plan 1572-2-51 C shall be implemented in the planting season November – March immediately following first occupation of the first house approved by the Full Planning Permission.

Reason            To safeguard and enhance the character of the area in accordance with policy LA1.3 of the South Lakeland Land Allocations Development Plan Document and policy DM4 (Green and Blue Infrastructure, Open Space, Trees and Landscaping) of the South Lakeland Development Management Policies Development Plan Document.

Condition (9)   No development associated with the Full Permission shall commence until a maintenance plan for the soft landscaping competed in accordance with Planting Plan 1572-2-51 C, lasting for the lifetime of the development approved by the Full Planning Permission, has been submitted to, and approved in writing by, the local planning authority. Thereafter, the soft landscaping shall be maintained in accordance with the approved plan.

Reason            To safeguard and enhance the character of the area in accordance with policy LA1.3 of the South Lakeland Land Allocations Development Plan Document and policy DM4 (Green and Blue Infrastructure, Open Space, Trees and Landscaping) of the South Lakeland Development Management Policies Development Plan Document.

Condition (10)Plots 1, 4, 5, 6, 7, 8, 9, 12, 16 and 18 hereby approved (or such other equivalent number of plots as shall first have been agreed in writing by the local planning authority) shall not be first occupied until provided with a functioning electric vehicle (EV) charging point. Thereafter, the EV charging points shall be retained for the lifetime of the development.

Reason            To safeguard the amenity of the proposed dwellings in accordance with policy DM7 (Addressing Pollution, Contamination Impact, and Water Quality) of the South Lakeland Development Management Policies Development Plan Document and to contribute towards the “List of measures that support and enhance habitat creation, urban greening and respond to the effects of climate change” identified in Appendix 1 of the South Lakeland Development Management Policies Development Plan Document.

Tree protection

Condition (11)No development associated with the Full Permission shall commence until those trees shown to be retained in the Pre-development Arboricultural Report (“the Report”) prepared by Treescapes Consultancy Ltd. (Report reference No. AH/AIA/160518 – 1, dated 21 February 2020) have been protected from construction impacts in accordance with the recommendations of the Report. Thereafter, the implemented protection measures shall be retained for the duration of the construction period and work around the protected trees shall proceed in the manner prescribed by the Report.

Reason            To protect existing trees in accordance with policy DM4 (Green and Blue Infrastructure, Open Space, Trees and Landscaping) of the South Lakeland Development Management Policies Development Plan Document.

The Outline Permission

Condition (12)For the Outline Permission, approval of access (save for the agreed point of access to the County Road), details of the scale, layout and appearance of the building(s), and the landscaping of the site (hereinafter called the Reserved Matters) shall be obtained from the Local Planning Authority in writing before any development is commenced.

Reason            To ensure a satisfactory standard of development on site.

Condition (13)The development to which the Outline Permission relates must be begun not later than whichever is the later of the following dates:

a.         FIVE YEARS from the date of this permission; or

b.         the expiration of TWO YEARS from the final approval of the reserved matters, or, in the case of approval on different dates, the final approval of the last such matters to be approved.

Application for the approval of the reserved matters must be made not later than THREE years from the date of this permission.

Reason            To comply with the requirements of Section 92 of the Town and Country Planning Act 1990.

Condition (14)The development to which the Outline Permission relates shall be carried out in accordance with the following approved plans (insofar as they relate to matters not reserved for further approval by condition 11:

           SKETCH SITE LAYOUT, SK05revP

           SKETCH SITE LAYOUT, Coloured, SK06revP

           Proposed Foul & Surface Water Drainage Plan, K34416/A1/210 E

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

Highways and parking

Condition (15)In respect of access, the reserved matters for the Outline Permission required by condition 11 shall include a specification for the design, drainage and lighting of carriageways, footways, footpaths and cycleways. The specification shall accord with the standards laid down in the Cumbria Design Guide and shall include longitudinal cross-sections. Thereafter, the house hereby approved shall not be first occupied until carriageways, footways, footpaths and cycleways serving it have been constructed to base course level and street lighting, where it is to form part of the estate road, has been provided and brought into full operational use. 

Reason            In the interests of highway safety.

Condition (16)The reserved matters for the Outline Permission required by condition 11 shall include details of dedicated parking provision. Thereafter, the approved house shall not be first occupied until the approved parking provision has been constructed and made available for use.

Reason            To ensure the timely provision of car parking in accordance with policy DM9 (Parking Provision, new and loss of car parks) of the South Lakeland Development Management Policies Development Plan Document.

Landscaping

Condition (17)In respect of landscaping, the reserved matters for the Outline Permission required by condition 11 shall include details of both hard and soft landscaping. An overall objective of the scheme must be to establish robust landscaping to the north west boundary to meet the requirements of policy LA1.3 of the Land Allocations DPD.

The hard landscaping scheme shall include details of: (i) proposed finished levels or contours; (ii) means of enclosure; (iii) finishes for car parking areas, and other vehicle and pedestrian access and circulation areas; (iv) incidental structures (e.g. refuse or other external storage units etc.); and (v) an implementation timetable. The soft landscaping scheme shall include details of: (i) planting plans; (ii) existing vegetation to be retained; (iii) written specifications and schedules of proposed plants noting species, planting sizes and proposed numbers/densities; (iv) an implementation timetable; and (v) a schedule of landscape maintenance proposals for the lifetime of the development. Thereafter, the approved landscaping scheme shall be implemented and maintained in accordance with the agreed details and timetables.

Reason            To safeguard and enhance the character of the area in accordance with policy LA1.3 of the South Lakeland Land Allocations Development Plan Document and policy DM4 (Green and Blue Infrastructure, Open Space, Trees and Landscaping) of the South Lakeland Development Management Policies Development Plan Document.

Condition (18)No development associated the construction of the single dwelling subject to the Outline Permission, including any associated works back to the proposed junction with Moore Field Close if those have not already been competed through implementation of the Full Permission, shall commence until those trees shown to be retained in the Pre-development Arboricultural Report (“the Report”) prepared by Treescapes Consultancy Ltd. (Report reference No. AH/AIA/160518 – 1, dated 21 February 2020) have been protected from construction impacts in accordance with the recommendations of the Report. Thereafter, the implemented protection measures shall be retained for the duration of the construction period and work around the protected trees shall proceed in the manner prescribed by the Report.

Reason            To protect existing trees in accordance with policy DM4 (Green and Blue Infrastructure, Open Space, Trees and Landscaping) of the South Lakeland Development Management Policies Development Plan Document.

Conditions applying to the development as a whole:

The following conditions relate to the entire site identified by the red line on approved drawing SKETCH SITE LAYOUT, SK05revP

Foul and surface water

Condition (19)None of the houses hereby approved shall be first occupied until the foul and surface water drainage proposals detailed on approved drawing K34416_A1_210 E have been completed and made operational.

Reason            To promote the use of a sustainable surface water drainage scheme in accordance with policy DM6 (Flood Risk Management and Sustainable Drainage Systems) of the South Lakeland Development Management Policies Development Plan Document.

Condition (20)Once operational, the approved surface water drainage proposals shown on approved drawing K34416_A1_210 E shall be maintained for the lifetime of the development in accordance with the “Operation & Maintenance Plan for Surface Water Drainage Systems” (report ref. K34416/02/O&M/TM, Revision B, February 2020) submitted by R G Parkins.

Reason            To promote the use of a sustainable surface water drainage scheme in accordance with policy DM6 (Flood Risk Management and Sustainable Drainage Systems) of the South Lakeland Development Management Policies Development Plan Document.

Condition (21)No development shall commence until a construction surface water management plan has been submitted to, and agreed in writing by, the local planning authority. Thereafter, development shall proceed in accordance with the agreed plan.

Reason            To safeguard against flooding to surrounding sites and to safeguard against pollution of surrounding watercourses and drainage systems during the course of construction.

Condition (22)No individual house shall be first occupied until it has been provided with a water butt, installed in a manner that facilitates the recycling of roof water. Thereafter, the water butts shall be retained for the lifetime of the development.

Reason            To contribute towards the “List of measures that support and enhance habitat creation, urban greening and respond to the effects of climate change” identified in Appendix 1 of the South Lakeland Development Management Policies Development Plan Document.

Noise

Condition (23) No individual dwelling hereby approved shall be first occupied until a Validation Report confirming its compliance with the conclusions of the Acoustic Design Statement prepared by Northburn Acoustics and dated 26 June 2018 (Report number 18-51-595) has been submitted to, and approved in writing by, the local planning authority. Compliance must be demonstrated by ambient noise levels in living rooms and bedrooms not exceeding 35dB LAeq 16hour, and ambient noise levels in bedrooms alone not exceeding 30dB LAeq 8hour (23:00 – 07:00).

Reason            To safeguard the amenity of the proposed dwellings in accordance with policy DM7 (Addressing Pollution, Contamination Impact, and Water Quality) of the South Lakeland Development Management Policies Development Plan Document.

Controls on construction activity

Condition (24)Construction work shall not occur on Bank Holidays nor otherwise outside the hours of 0800 – 1800 Monday to Friday or 0900 – 1300 on Saturdays.

Reason            To safeguard the amenity of existing dwellings in accordance with policy DM7 (Addressing Pollution, Contamination Impact, and Water Quality) of the South Lakeland Development Management Policies Development Plan Document.

Condition (25)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 shall provide for:

           defined areas for the parking of vehicles of site operatives and visitors;

           defined areas for loading and unloading of plant and materials;

           defined areas for storage of plant and materials;

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

           no burning of waste material to take place;

           measures to avoid excess dirt on adjacent roads including wheel washing facilities;

           a scheme for recycling / disposing of waste resulting from excavations;

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

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

Thereafter, development shall proceed in accordance with the agreed CMP.

Reason            To safeguard the amenity of existing dwellings in accordance with policy DM7 (Addressing Pollution, Contamination Impact, and Water Quality) of the South Lakeland Development Management Policies Development Plan Document.

Land contamination

Condition (26)None of the dwellings hereby approved shall be first occupied until a Validation Report detailing the nature of any land contamination found during the course of development, and the relevant remediation undertaken, has been submitted to, and approved in writing by, the local planning authority.

Reason            To safeguard the amenity of the proposed dwellings in accordance with policy DM7 (Addressing Pollution, Contamination Impact, and Water Quality) of the South Lakeland Development Management Policies Development Plan Document.

Accessible and Adaptable Homes

Condition (27)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.

Broadband

Condition (28)None of the dwellings hereby approved shall be first occupied until connected to the necessary infrastructure to enable access to high speed (superfast) broadband, unless this is unfeasible in the terms set out in policy DM8 (High Speed Broadband for New Developments) of the South Lakeland Development Management Policies Development Plan Document.

Reason            To comply with policy DM8 (High Speed Broadband for New Developments) of the South Lakeland Development Management Policies Development Plan Document.

Biodiversity

Condition (29)No dwelling shall be first occupied until a scheme for the installation of at least 15 bird and bat boxes has been submitted to, and approved in writing by, the local planning authority. No individual dwelling that is to be provided with a bird and/or bat box shall be first occupied until t have been installed in accordance with the approved scheme. The scheme shall include manufacturers’ details of each bird and bat box together with a plan identifying their proposed locations and evidence that those locations have been selected by a qualified ecologist. Thereafter, the approved bird and bat boxes shall be retained for the lifetime of the development, replaced on a like-for-like basis as necessary.

Reason            To meet the requirements of: (1) policy DM4 (Green and Blue Infrastructure, Open Space, Trees and Landscaping) of the of the South Lakeland Development Management Policies Development Plan Document; (2) paragraph 170 of the National Planning Policy Framework.; and (3) section 40 of the Natural Environment and Rural Communities Act 2006.

P&P Statement

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

Note – at this point in the proceedings Councillor Brian Cooper and Councillor John Holmes were reconnected to the meeting and Councillors Cooper and Holmes confirmed that they were able to see (where practicable) and hear all Members participating in the meeting.

 

Note – The Committee voted to adjourn for a break at 12.13 p.m. and reconvened at 12.25 p.m. when a roll call was taken, all Members confirming that they were present, that they were able to see (where practicable) and hear all Members participating in the meeting.

Publication date: 16/11/2020

Date of decision: 24/09/2020

Decided at meeting: 24/09/2020 - Planning Committee

Accompanying Documents: