Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Erection of a dwelling including access, design landscaping, layout and scale (revised scheme SL/2018/0938) on a plot of land adjacent to The Langdales, Levens, Kendal LA8 8PJ (Dawn Osliff)
Note – The Planning Officer’s presentation had been circulated to Members and displayed on the Council’s Website on the day before the meeting.
Councillor John Holmes declared a non-pecuniary interest in the item and explained that he had been contacted by the applicant regarding a committee procedural matter. He confirmed, however, that he was not biased or predetermined and he 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/2019/0735 which sought reserved matters approval for one dwelling on an unallocated site in the village of Levens. The site had outline planning permission with all matters reserved. The Planning Officer reminded Members that the application had been presented to the 30 January 2020 Planning Committee, at which time Members resolved to defer the application to enable the applicant and planning officers to renegotiate the application and submit a more acceptable proposal which would lessen the overbearing impact of the development on the neighbouring property Applegarth.
The Planning Officer displayed plans and photographs which outlined the amended application. He drew Members’ attention to the 45-degree visibility line from the rear window of the neighbouring property Applegarth and informed Members that the applicant had removed the proposed rear projection to the west and had also moved the south corner of proposed dwelling by one metre which had achieved a reduction in the massing on the southern gable by three metres.
The Planning Officer explained that the main issue for consideration was whether the amended proposal would have an overbearing impact on Applegarth. He went on to inform Members that the owners of Applegarth had objected to the proposal, stating that their property would be overshadowed by the nine metre high dwelling and that the hedge would offer limited screening particularly in the winter months. In addition Levens Parish Council had objected and stated that the proposal was inappropriate and overbearing on Applegarth. The Parish Council had also raised concerns regarding the parking provision and access onto the road. The Planning Officer informed Members that the highway authority was satisfied that the proposal provided adequate space for parking and turning and did not consider that the proposal would have any adverse impact on highway safety.
The Planning Officer concluded his presentation by informing Members that the site was served by Underhill which was a narrow lane with a mixture of two storey and single storey dwellings and that the proposed dwelling would relate well to the existing dwelling The Langdales.
Note – at this point in the proceedings the Chairman requested that public participant Katherine Morris, speaking in opposition to the application, be dialled into the meeting to make her representation. The Chairman welcomed Mrs Morris and informed her that she had three minutes in which to make her address.
Mrs Morris addressed the Committee in opposition to the application.
Note – at this point in the proceedings the Chairman requested that public participant David Parry, speaking in support of the application, be dialled into the meeting to make his representation. The Chairman welcomed Mr Parry and informed him that he had three minutes in which to make his address.
Mr Parry addressed the Committee and stated that he had nothing he wished to say.
Note – at this point in the proceedings the Chairman requested that public participant Dawn Osliff, the applicant, be dialled into the meeting to make her representation. The Chairman welcomed Ms Osliff and informed her that she had three minutes in which to make her address.
Ms Osliff addressed the Committee in support of the application.
The Planning Officer responded to questions raised by Members and confirmed that following consultation, Levens Parish Council had objected to the original application and were also in objection to the revised proposal. Members sought clarity regarding the height and footprint of the new proposal in comparison to the original application and the Planning Officer stated that it was the same, with the exception of the removal of the rear projection and he confirmed that the existing boundary hedge would be retained, by condition.
Members gave consideration to the revised proposal and whether they felt it was acceptable. They considered if the proposal related well to The Landgales and if the amended application was overbearing to the neighbouring property Applegarth. A number of Members agreed that the applicant had worked well with officers to mitigate the concerns raised and highlighted the fact that it was a self-build property.
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 the application be approved subject to the following conditions:-
Condition (1) The development hereby permitted shall be carried out in accordance with the following approved plans: Site/Block Plan Revision 3, Principal Elevation and Internal Layout Revision 3 & Proposed Elevations Revision 3.
Reason For the avoidance of doubt and in the interests of proper planning.
Condition (2) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no development of the type described in Class A-E of Part 1 of Schedule 2 of that Order shall be undertaken without the express permission of the Local Planning Authority.
Reason In order to protect neighbouring residential amenity.
Condition (3) a) No development shall commence 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. B) 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 Policy DM1 of the Councils Development Management Policies.
Condition (4) The boundary hedge situated on the southern boundary of the site shall be retained and shall not be removed or reduced in height unless written approval is given by the Local Planning Authority.
Reason In order to preserve the neighbours living conditions.
Condition (5) Notwithstanding the approved plans, the proposed access shall comprise a minimum width of 4.7 metres and there shall be provision for two car parking spaces and a turning area within the site in order for vehicles to enter and leave the site in forward gear.
Reason In the interests of highway safety.
Publication date: 16/11/2020
Date of decision: 24/09/2020
Decided at meeting: 24/09/2020 - Planning Committee