Decision details

Planning Application No.SL/2019/0743 - Land North of Meadowbank Business Park, Shap Road, Kendal, LA9 6NY

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decisions:

The Principal Planning Officer presented Planning Application SL/2019/0743 which sought planning permission for a motor dealership including workshops, access roundabout, spine road and internal compartmentation area access junctions.

 

The Officer brought to the Members attention the supplementary Addendum Report which considered the late representations made against the application. The application site had been allocated within the Land Allocations DPD Policy LA1.8 (Local Employment Allocations). The Policy listed the “Acceptable Uses” for the site as those that fell within Classes B1 (Business) and B2 (General Industrial). The application being considered by the Committee was outlined in red on the displayed Plan.

 

The proposal was a hybrid application, part full and part outline scheme. The full element proposed a motor dealership with associated structures, together with an access roundabout on to the A6 and a new estate road. The site proposal included seven separate car parking areas which would provide a total of 333 spaces. The elevated building had an element of green wall that would face the South East approach. The Planning Officer presented two drawings of a KIA motor dealership that demonstrated the company’s corporate colours as an example to Members.

 

One of the key considerations of the application was access. The new roundabout formed part of the full application on Shap Road and the new estate road would provide access to the new indicative plots. There were concerns from local residents who had access on the East side of Shap Road, namely, Summerhow House and the private agricultural access for Beck Mills Farm. The representations, which referred to the issues with access, were detailed in the Officer’s Addendum Report. The Principal Planning Officer also clarified that these issues were given consideration during the site visit.

 

Despite no objections being received from the Highway Authority, following the further objections being received from the public, the Planning Officer approached the Highway Authority in order for further consideration to be given to the agricultural access issues. However, no further comments or objections were received. The Planning Officer had asked the applicant to use a tracking diagram, a picture was presented to the Committee which demonstrated the change within the roundabout which allowed for improved tractor and trailer access. The reconfigured access meant the geometry of the roundabout would improve access which in turn would slow the traffic speed. The Planning Officer presented to Members a photograph provided by the applicant which evidenced that the verge, adjacent to the entrance for the agricultural land, was being  driven on, demonstrating that vehicles were having to take the entrance at a wider angle, suggesting that the current access was not convenient or easily accessible.

 

The Officer also discussed the Kendal Northern Access Route. Cumbria County Council had received funding from the Department of Transport to complete an Outline Business Case for a Kendal Northern Access Route. Within the Cumbria County Council report there was an indication for a preference for a Northern route option. The Officer explained this was a nebulous position, the prospect of a bypass would not be a reasonable basis to refuse or delay the application. The Officer explained that County officials were aware of the options appraisal and no objections were raised.

 

The public right of way (Public Footpath No.536002) started from the site frontage with the A6 before doglegging across the application site, hugging the South-East and North-East boundaries before crossing the private road to Gilthwaiterigg and continuing northwards. A suggestion was made by the applicant to divert the path up another route to Gilthwaiterigg Farm.

 

The County Council’s Countryside Access Officer had described this suggestion as “positive”, but had highlighted the fact that a formal footpath diversion would be required. As a Planning authority, the Committee were reminded only to note this point as the footpath diversion would be handled by a separate legal process. 

 

Resolving flood risk had caused some delay in the application reaching the Planning Committee. Following concerns raised by the Lead Local Flood Authority, the applicant conducted some thorough investigations which confirmed that ground infiltration would be an acceptable drainage solution for the site. The proposals put forward by the applicant were acceptable in principle, albeit with some concerns over the capacity of the Geocellular Soakaways/SuDS Crates. But the Lead Local Flood Authority was happy that these concerns could be resolved via a condition.

 

Natural England were satisfied that the additional planting within the scheme and green walls and roofs would achieve a biodiversity net gain on the site, the details of which would be refined by an ecological strategy document to be submitted in compliance with Condition 8. Within the Addendum report, Natural England were confident that a gain can be achieved by incorporating enhancement proposals to three additional off-site areas of land nearby. This was the objective behind the section 106 clause currently recommended at paragraph 7.1 (a) (i) within the Officer’s Report.

 

The Principal Planning Officer confirmed to the Chairman that there were no other material considerations that were not addressed in the Report or Addendum Report nor his presentation and welcomed questions from Members.

 

Members gave consideration to the Kendal town boundary signage and noted that the new development would be the first sight for persons entering the town. . Suggestions were made to consult Kendal Town Council on the possible move of the signage to be placed in a more appropriate position. The Planning Officer undertook to pass these comments on.

 

A Member requested that another footpath be installed on the West side of the A6 road giving the access to the town. However, it was clarified that the Cumbria County Council’s position was to build a footpath on the East side of the A6 and it would be unreasonable for the developer to build an additional footpath.

 

Members gave consideration to the design proposal of the site and red colouring. The Officer explained that the site allocation was for B1 and B2 uses which tended not to be the most appealing of buildings, such as a standard industrial unit design. The Principal Specialist (Development Management) clarified that if the site were to be used for industrial sheds the green roofs and walls elements would not be enforceable on the site.

 

Members sought clarification on enforcing a condition of the height and maintenance of the planting. The Principal Planning Officer explained it would be difficult to enforce a condition on height, nonetheless the Officer confirmed he would inform the applicant of the points raised. The Principal Specialist (Development Management) referred Members to Condition 7 (iii), the written specifications and schedules of proposed plants. This was a standard condition with flexibility whereby height could be created in terms of vegetation. At the point of discharge of Condition 7 the Planning Officers could ensure these points were applied.

 

Members gave consideration to the public right of way and the diversion route. However, the Principal Planning Officer clarified this would be dealt with by Cumbria County Council. He also expressed his confidence in the Highway Authority in ensuring high standards for the configuration of the roundabout and cycle route. The applicant was required to pay for the roundabout and any associated works therefore if any improvements were required the applicant would cover these costs.

 

Members gave consideration to the emissions of the development and the use of building materials. The standard condition was for the development to achieve sustainable levels, nothing in the development policies stated that the development had to be carbon neutral. The only point that could be insisted upon was the development being sustainable as per the BREEAM conditions which required a standard of excellence. Within the BREEAM measure of sustainability there was nothing to suggest carbon neutrality. However, the Officer stated this may change over time but this was not a requirement at present.

 

A motion to defer the planning application until the design proposal issues were addressed was proposed and debated by Members. Members discussed their dissatisfaction with the bright KIA red colouring. However, consideration was given to the fact that ultimately the design was common for a motor dealership and the site could have been developed into dull industrial units. The majority of Members considered a deferral to be disproportionate and therefore the motion ultimately was not carried upon a vote.

 

A new motion was proposed to grant approval of the application with a requirement to reduce the red colouring on the car dealership by extending the green wall or to have the grey colouring raised higher on the front facing motor dealership wall. Members debated as to the extent of the red colouring to be removed.

 

The Principal Planning Officer sought clarification from Members that all aspects of red on the green wall area were to be removed and that if anything was unachievable with the developer, the application would be brought back to the Committee.

 

A motion to approve the application was proposed and seconded and so it was

 

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

 

A significant reduction in the extent of the red cladding on the north-east facing wall of the showroom as outlined within the design proposal being negotiated with the developer; and

 

(1)  The Conditions outlined below:-

a.    A section 106 agreement (including Cumbria County as a signatory) to secure the following:

Biodiversity net gain

                                              i.        No development of the “outline” component of the planning permission shall commence until a scheme demonstrating an associated minimum 10% biodiversity net gain, incorporating the three off-site parcels of land contained with the submitted Biodiversity Statement, has been submitted to, and approved in writing by, the local planning authority. The biodiversity net gain shall be calculated using Natural England’s Biodiversity Metric 3.0, or such other Metric as shall have been adopted in its place by the time the scheme is submitted. The scheme must include: (1) a timetable for implementing the proposals; and (2) proposals for the management in perpetuity of any areas contributing to the overall biodiversity net gain.

Extension of the 30mph speed limit on Shap Road (A6)

                                             ii.        Agreement between the developer and the local highway authority over the implementation of a Traffic Regulation Order (TRO) to extend the existing 30mph on Shap Road (A6) further north, with all associated costs to be covered by the developer.

Travel Plan monitoring

                                            iii.        A contribution of £6,600 to be paid by the developer to the local highway authority to fund the monitoring of the final Travel Plans

b.    And the following conditions:

 

Condition (1):       Development on that part of the site identified as “the Full Application” on Proposed Site Layout, HT1324.1.101 P01, Revision B is hereinafter referred to as “the Full Permission”.

                             Development on that part of the site identified as the “Outline Planning Application all matters reserved” on Proposed Site Layout, HT1324.1.101 P01, Revision B is hereinafter referred to as “the Outline Permission”.

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

 

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:

·                     SITE LOCATION PLAN, HT1324.1.100 P01

·                     PROPOSED SITE LAYOUT, HT1324.1.101 P01, Revision B, 07 November 2019

·                     PROPOSED KIA SHOWROOM, HT1324.1.102 P01, Revision C, 14 September 2021

·                     Proposed Pre-Owned Vehicle Sales Office, HT1324.1.103 P01, 09 September 2019

·                     Roundabout Detail, HT13241.1.105 P01, 10 January 2020

·                     Kia Carwash and Shelter Buildings, HT1324.1.111 P01, 28 April 2020

·                     Kia Detailed Drainage Plan, HT1324.1.113 P05, P01,

·                     Cut and Fill, HT1324.1.109 P01,

·                     Landscape Masterplan, 1100-2_700, Revision 1, 20 April 2020

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

External materials

Condition (4):       Unless agreed otherwise in writing by the local planning authority, the external walling and roofing materials for the buildings approved by the Full Permission shall be as specified in the application form and in the approved plans detailed above. Where relevant, the external walling and roofing materials are approved as a foundation for the green walls and roofs indicated on approved drawing HT1324.1.102 P01, Revision C and referred to further in condition 7.

Parking

Condition (5):       The motor dealership approved in the Full Permission shall not commence trading until the parking shown on HT1324.1.102 P01, Revision C, including the 38 electric vehicle charging points, 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.

Travel plan

Condition (6):       Within 6 months of the development approved by the Full Planning Permission opening for business, a Travel Plan for the ongoing business shall be submitted to the local planning authority for its approval. The Travel Plan shall: (1) identify targets for a modal shift from the use of private cars to sustainable transport modes for those visiting the development; (2) set out measures to achieve those targets; and (3) include a timetable for implementation. The timetable must include provision for the submission of an annual written report to the local planning authority (for the agreed lifetime of the Travel plan) reviewing the effectiveness of the Travel Plan to date and setting out any necessary amendments to the prevailing measures in order to achieve the agreed targets. Thereafter, the Travel Plan shall be implemented in accordance with the agreed targets, prevailing measures and timetable. The prevailing measures shall be those set out initially or as may subsequently have been agreed in writing by the local planning authority following each annual review.

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

Landscaping

Condition (7):       No development associated with the Full Permission shall commence until there has been submitted to, and approved in writing by, the local planning authority a detailed soft landscaping scheme based upon: (i) the principles established in the submitted Landscape Masterplan, 1100-2_700, Revision 1; (ii) the green walls and roofs shown on drawing HT1324.1.102 P01, Revision C; and (iii) mitigation / recommendations in section 7 of the submitted Ecological Appraisal (Report Reference 5220) produced by Envirotech Ecological Consultants and dated June 2019. The 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) any essential external lighting; (v) an implementation timetable; and (vi) a schedule of landscape maintenance proposals for a period of not less than thirty years from the date of completion of the scheme. 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 DM4 (Green and Blue Infrastructure, Open Space, Trees and Landscaping) of the South Lakeland Development Management Policies Development Plan Document.

Biodiversity

Condition (8):       No development associated with the Full Permission shall commence until an ecological strategy document, prepared by a qualified ecologist, has been submitted to, and approved in writing by, the local planning authority. The document shall set out a strategy for the provision of biodiversity improvements within that part of the site covered by the Full Permission, reflecting the mitigation / recommendations in section 7 of the submitted Ecological Appraisal (Report Reference 5220) produced by Envirotech Ecological Consultants and dated June 2019. The strategy must link to the detailed landscaping scheme required by condition 7 and must include a schedule of maintenance proposals for a period of not less than thirty years from the date of completion of the development. Thereafter, the improvements shall be implemented and maintained in accordance with the approved strategy.

Reason:               To contribute towards the net gain in biodiversity  required by: (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.

Tree protection

Condition (9):       No development associated with the Full Permission shall commence until there has been submitted to, and approved in writing by, the local planning authority a method statement detailing measures for the protection of: (1) the existing trees to be retained outside of, but abutting, the application site; and (2) all existing hedges to be retained on the boundary of the application site, all as marked on Landscape Masterplan, 1100-2_700, Revision 1. The method statement shall include both physical protection measures and a schedule of working practices. No development associated with the Full Permission shall commence until all approved physical protection measures have been put in place. Thereafter, the physical protection measures shall be retained for the duration of the construction phase of the development and all work shall proceed in accordance with the approved schedule of working practices.

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.

Land contamination

Condition (10):     Once the construction of the development associated with the Full Permission is complete, the approved use shall not commence until a validation report and statement (in respect of land contamination) prepared by a competent person shall have been submitted to, and approved in writing by, the local planning authority. Referring to: (1) the Phase 1 Desk Study Report (October 2019); and (2) Phase 2 Interpretative Ground Investigation Report, Insight Geo (September 2019) submitted in support of this application, the validation report and statement shall detail all contamination found during the construction process and all necessary remediation undertaken.

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

Noise

Condition (11):     For the development approved by the Full Permission, all vehicle repairs and servicing shall be carried out inside the buildings hereby approved and only within areas of the buildings constructed with the sound reduction indexes listed to in section 7.0 of the submitted Noise Assessment prepared by Martec Environmental Consultants Ltd., dated. 22 January 2020. All repairs and servicing shall be carried out with the roller shutter doors kept closed.

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

 

Condition (12):     Any extract / ventilation systems proposed for the motor dealership approved by the Full Permission shall be designed, installed and maintained not to exceed a noise level of 45 LAeq (free field) at the nearest residential properties, in accordance with section 7.0 of the submitted Noise Assessment prepared by Martec Environmental Consultants Ltd., dated. 22 January 2020. 

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

Lighting

Condition (13):     The motor dealership approved in the Full Permission shall not commence trading until an external lighting scheme for this phase of the development has been submitted to, and approved in writing by, the local planning authority. The scheme shall include details of: (1) the intensity of illumination; (2) predicted lighting contours; (3) proposed hours of illumination; and (4) the location and height of all lighting fixtures; and must be designed to ensure that no light is directly visible to users of the public highway. Thereafter, external illumination of the site shall operate in accordance with the approved scheme.

Reason:               In the interests of safeguarding the amenity of the area in accordance with Policies DM2 (Achieving Sustainable High Quality Design) and DM7 (Addressing Pollution, Contamination Impact, and Water Quality) of the Development Management Policies Development Plan Document.

Flood risk

Condition (14):     No development associated with the Full Permission shall commence until a review of the proposed drainage scheme, inclusive of details of maintenance, shall take place which shall include justification for the infiltration rate used in the design. A fully detailed surface water drainage scheme based on the Flood Risk and Drainage Strategy Report P21391 dated August 2021 and the Appendices attached thereto, but corrected where necessary, shall thereafter be submitted to, and approved in writing by, the local planning authority.

The surface water drainage scheme must: (1) accord with the Non-Statutory Technical Standards for Sustainable Drainage Systems (March 2015), or any subsequent replacement national standards that are agreed in writing as an appropriate alternative by the local planning authority; and (2) must deliver the same treatment standard (as defined by The SuDS Manual Chapter 26) or better than that detailed in the Flood Risk and Drainage Strategy Report P21391 dated August 2021 and the Appendices attached thereto.

The drainage scheme submitted for approval shall also be in accordance with the principles set out in the Flood Risk and Drainage Strategy Report P21391 dated August 2021 proposing surface water discharging by infiltration via Sustainable Drainage techniques including green roofs and walls, rainwater harvesting, permeable surfacing wherever possible, grass filter strips, and swales. Mini infiltration basins are also an acceptable infiltration technique. The drainage scheme must also: (1) include full details of exceedance routes that minimise the risks to people and property resulting from excess rainfall; and (2) be designed for ease of maintenance

The development shall be completed, in accordance with the approved details.

Reason:               To reduce the risk of flooding and to promote the use of a sustainable surface water drainage scheme in accordance with policy CS8.8 (Development and Flood Risk) of the South Lakeland Core Strategy and policy DM6 (Flood Risk Management and Sustainable Drainage Systems) of the South Lakeland Development Management Policies Development Plan Document.

 

Condition (15):     No development associated with the Full Permission shall commence until a scheme for the ongoing maintenance of the proposed surface drainage system for that phase of the development has been submitted to, and approved in writing by, the local planning authority. Thereafter, the associated surface drainage system shall be maintained in accordance with the approved scheme for the lifetime of the development.

Reason:               To reduce the risk of flooding and to promote the use of a sustainable surface water drainage scheme in accordance with policy CS8.8 (Development and Flood Risk) of the South Lakeland Core Strategy and policy DM6 (Flood Risk Management and Sustainable Drainage Systems) of the South Lakeland Development Management Policies Development Plan Document.

 

Condition (16):     No development associated with the Full Permission shall commence until a construction surface water management plan for that phase of the development has been submitted to, and agreed in writing by, the local planning authority. Thereafter, the plan shall be adhered to for the duration of the associated construction works.

Reason:               To reduce the risk of flooding and to promote the use of a sustainable surface water drainage scheme in accordance with policy CS8.8 (Development and Flood Risk) of the South Lakeland Core Strategy and policy DM6 (Flood Risk Management and Sustainable Drainage Systems) of the South Lakeland Development Management Policies Development Plan Document.

 

Condition (17):     The motor dealership approved in the Full Permission shall not commence trading until a surface water validation report has been submitted to, and approved in writing by, the local planning authority. The purpose of the validation report is to demonstrate that the associated surface water drainage scheme and exceedance routes have all been constructed and installed in accordance with the details approved in accordance with the relevant conditions in this permission and are operational.

Reason:               To reduce the risk of flooding and to promote the use of a sustainable surface water drainage scheme in accordance with policy CS8.8 (Development and Flood Risk) of the South Lakeland Core Strategy and policy DM6 (Flood Risk Management and Sustainable Drainage Systems) of the South Lakeland Development Management Policies Development Plan Document.

 

THE OUTLINE PERMISSION

Condition (18):     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 (19):     The development subject to the Outline Permission 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 (20):     The development subject to the Outline Permission shall be carried out in accordance with the following approved plans (insofar as they relate to matters not reserved for further approval by condition 18):

·                     SITE LOCATION PLAN, HT1324.1.100 P01

·                     PROPOSED SITE LAYOUT, HT1324.1.101 P01, Revision B, 07 November 2019

·                     Roundabout Detail, HT13241.1.105 P01, 10 January 2020

·                     Landscape Masterplan, 1100-2_700, Revision 1, 20 April 2020

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

 

Condition (21):     The development subject to the Outline Permission is limited to a maximum gross internal area of 6,400 sq. m. of B1/B2 floorspace and 2,500 sq. m. of B2 floorspace, all as defined in The Town and Country Planning (Use Classes) Order 1987 (as amended).

Reason:               These are the assumed floorspace figures used in the technical assessments submitted in support of the proposal.

Parking

Condition (22):     The layout details required by condition 18 shall include details of the parking to be provided for each separate Class B1, B2 and B8 unit hereby permitted. The parking must achieve the standards in the current Cumbria Development Design Guide (or such equivalent replacement guidance) unless supported by evidence supporting a different level of provision. All parking spaces with electric vehicle (EV) charging points must be clearly marked. The number of EV charging points must be consistent with the requirements of the development plan, or where the development plan is silent, must accord with accepted best practice.

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.

Travel plan

Condition (23):     Within 6 months of the first occupation of each separate unit approved by the Outline Permission, or in accordance with such other timeframe as has been previously agreed in writing by the local planning authority, a Travel Plan for the respective unit shall be submitted to, and approved in writing by, the local planning authority. The Travel Plan shall: (1) identify targets for a modal shift from the use of private cars to sustainable transport modes for those visiting the unit; (2) set out measures to achieve those targets; and (3) include a timetable for implementation. The timetable must include provision for the submission of an annual written report to the local planning authority (for the agreed lifetime of the Travel plan) reviewing the effectiveness of the Travel Plan to date and setting out any necessary amendments to the prevailing measures in order to achieve the agreed targets. Thereafter, the Travel Plan shall be implemented in accordance with the agreed targets, prevailing measures and timetable. The prevailing measures shall be those set out initially or as may subsequently have been agreed in writing by the local planning authority following each annual review.

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

Landscaping

Condition (24):     The landscaping details required by condition 18 shall include a detailed soft landscaping scheme based upon: (i) the principles established in the submitted Landscape Masterplan, 1100-2_700, Revision 1, 20 April 2020; and (ii) mitigation / recommendations in section 7 of the submitted Ecological Appraisal (Report Reference 5220) produced by Envirotech Ecological Consultants and dated June 2019. The scheme shall incorporate green walls and green roofs where it is practicable to do so. The 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) any essential external lighting; (v) an implementation timetable; and (vi) a schedule of landscape maintenance proposals for a period of not less than thirty years from the date of completion of the scheme. 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 DM4 (Green and Blue Infrastructure, Open Space, Trees and Landscaping) of the South Lakeland Development Management Policies Development Plan Document.

Tree protection

Condition (25):     No development associated with the Outline Permission shall commence until there has been submitted to, and approved in writing by, the local planning authority a method statement detailing measures for the protection of: (1) the existing trees outside of, but abutting, the application site; and (2) all existing hedges to be retained on the boundary of the application site, all as marked on Landscape Masterplan, 1100-2_700, Revision 1, 20 April 2020. The method statement shall include both physical protection measures and a schedule of working practices. No development associated with the Outline Permission shall commence until all approved physical protection measures have been put in place. Thereafter, the physical protection measures shall be retained for the duration of the construction phase of the development and all work shall proceed in accordance with the approved schedule of working practices.

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.

Biodiversity

Condition (26):     No development associated with the Outline Permission shall commence until there has been submitted to, and approved in writing by, the local planning authority an ecological strategy document, prepared by a qualified ecologist. The document shall set out a strategy for the provision of biodiversity improvements within that part of the site covered by the Outline Permission, reflecting the mitigation / recommendations in section 7 of the submitted Ecological Appraisal (Report Reference 5220) produced by Envirotech Ecological Consultants and dated June 2019. The strategy must link to the landscaping of the site required by condition 18 and must include a schedule of maintenance proposals for a period of not less than thirty years from the date of completion of the development. Thereafter, the improvements shall be implemented and maintained in accordance with the approved strategy.

Reason:               To contribute towards the net gain in biodiversity  required by: (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.

Land contamination

Condition (27):     Once the construction of any individual building associated with the Outline Permission is complete, that individual building shall not be first occupied until a validation report and statement (in respect of land contamination) prepared by a competent person shall have been submitted to, and approved in writing by, the local planning authority. Referring to: (1) the Phase 1 Desk Study Report (October 2019); and (2) Phase 2 Interpretative Ground Investigation Report, Insight Geo (September 2019) submitted in support of this application, the validation report and statement shall detail all contamination found during the construction process and all necessary remediation undertaken.

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

Noise

Condition (28):     The details required by condition 18 shall incorporate measures within the design of each building approved by the Outline permission to minimise the propagation of noise to the lowest practicable level relative to the existing noise climate as established by an associated baseline survey undertaken in accordance with  BS4142.

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

Lighting

Condition (29):     The details relating to the layout and appearance of the building(s), and the landscaping of the site required by condition 18 shall include an external lighting scheme. The scheme must include details of: (1) the location and height of all lighting fixtures; (2) the intensity of illumination; (3) predicted lighting contours; and (4) proposed hours of illumination; and must be designed to ensure that no light is directly visible to users of the adopted highway. Thereafter, external illumination of the site subject to the Outline Permission shall operate in accordance with the approved scheme.

Reason:               In the interests of safeguarding the amenity of the area in accordance with Policies DM2 (Achieving Sustainable High Quality Design) and DM7 (Addressing Pollution, Contamination Impact, and Water Quality) of the Development Management Policies Development Plan Document.

Flood risk

Condition (30):     No development associated with the Outline Permission shall commence until a review of the proposed drainage scheme, inclusive of details of maintenance, shall take place which shall include justification for the infiltration rate used in the design. A fully detailed surface water drainage scheme based on the Flood Risk and Drainage Strategy Report P21391 dated August 2021 and the Appendices attached thereto, but corrected where necessary, shall thereafter be submitted to, and approved in writing by, the local planning authority.

The surface water drainage scheme must: (1) accord with the Non-Statutory Technical Standards for Sustainable Drainage Systems (March 2015), or any subsequent replacement national standards that are agreed in writing as an appropriate alternative by the local planning authority; and (2) must deliver the same treatment standard (as defined by The SuDS Manual Chapter 26) or better than that detailed in the Flood Risk and Drainage Strategy Report P21391 dated August 2021 and the Appendices attached thereto.

The drainage scheme submitted for approval shall also be in accordance with the principles set out in the Flood Risk and Drainage Strategy Report P21391 dated August 2021 proposing surface water discharging by infiltration via Sustainable Drainage techniques including green roofs and walls, rainwater harvesting, permeable surfacing wherever possible, grass filter strips, and swales. Mini infiltration basins are also an acceptable infiltration technique. The drainage scheme must also: (1) include full details of exceedance routes that minimise the risks to people and property resulting from excess rainfall; and (2) be designed for ease of maintenance

The development shall be completed, in accordance with the approved details.

Reason:               To reduce the risk of flooding and to promote the use of a sustainable surface water drainage scheme in accordance with policy CS8.8 (Development and Flood Risk) of the South Lakeland Core Strategy and policy DM6 (Flood Risk Management and Sustainable Drainage Systems) of the South Lakeland Development Management Policies Development Plan Document.

 

Condition (31):     No development associated with the Outline Permission shall commence until a scheme for the ongoing maintenance of the proposed surface drainage system for that phase of the development has been submitted to, and approved in writing by, the local planning authority. Thereafter, the associated surface drainage system shall be maintained in accordance with the approved scheme for the lifetime of the development.

Reason:               To reduce the risk of flooding and to promote the use of a sustainable surface water drainage scheme in accordance with policy CS8.8 (Development and Flood Risk) of the South Lakeland Core Strategy and policy DM6 (Flood Risk Management and Sustainable Drainage Systems) of the South Lakeland Development Management Policies Development Plan Document.

 

Condition (32):     No development associated with the Outline Permission shall commence until a construction surface water management plan for that phase of the development has been submitted to, and agreed in writing by, the local planning authority. Thereafter, the plan shall be adhered to for the duration of the associated construction works.

Reason:               To reduce the risk of flooding and to promote the use of a sustainable surface water drainage scheme in accordance with policy CS8.8 (Development and Flood Risk) of the South Lakeland Core Strategy and policy DM6 (Flood Risk Management and Sustainable Drainage Systems) of the South Lakeland Development Management Policies Development Plan Document.

 

Condition (33):     No individual building approved by the Outline Permission shall be first occupied until a surface water validation report has been submitted to, and approved in writing by, the local planning authority. The purpose of the validation report is to demonstrate that the surface water drainage scheme and exceedance routes serving that building have all been constructed and installed in accordance with the details approved in accordance with the relevant conditions in this permission and are operational.

Reason:               To reduce the risk of flooding and to promote the use of a sustainable surface water drainage scheme in accordance with policy CS8.8 (Development and Flood Risk) of the South Lakeland Core Strategy and policy DM6 (Flood Risk Management and Sustainable Drainage Systems) of the South Lakeland Development Management Policies Development Plan Document.

 

THE DEVELOPMENT AS A WHOLE

Highways

Condition (34):     No other development shall commence until the new roundabout access to the site (shown on approved drawing  HT1324.1.101 P01, Revision B) has been completed and made operational in accordance with a detailed specification that shall first have been submitted to, and approved in writing by, the local planning authority. The specification must include details of a shared footway/cycleway crossing of the A6 to meet the objectives of condition 36.

Reason:               To maintain highway safety in accordance with: (1) policy CS10.2 (Transport impact of new development) of the South Lakeland Core Strategy; and (2) policy DM1 (General Requirements for all development) of the South Lakeland Development Management Policies Development Plan Document.

 

Condition (35):     No development shall commence until a specification for the construction of the estate road connecting the new roundabout on the A6 with the north-west boundary of the site (shown within the extent of the Full Application on approved drawing HT1324.1.101 P01, Revision B) has been submitted to, and approved in writing by, the local planning authority. The specification should meet the standards for adoption set out in … and must make specific provision for: (1) use by public transport; (2) cycle and pedestrian links to the A6; (3) ramps on each side of every junction to enable wheelchairs, pushchairs etc. to be safely manoeuvred at kerb lines; (4) the accommodation of all services necessary to support the development as a whole (including the development approved by the Outline Permission); and (5) a timetable for completion. None of the uses approved by this permission shall commence until: (a) construction of the estate road has progressed to the point where it has been defined by kerbs and sub base construction; and (b) the individual access(es) serving that building from the estate road have been completed to a specification that shall also have been submitted to, and approved in writing by, the local planning authority. Thereafter, the estate road shall be completed to the agreed timetable.

Reason:               To maintain highway safety in accordance with: (1) policy CS10.2 (Transport impact of new development) of the South Lakeland Core Strategy; and (2) policy DM1 (General Requirements for all development) of the South Lakeland Development Management Policies Development Plan Document.

 

Condition (36):     None of the uses approved by this permission shall commence until a new shared footway/cycleway along the A6 has been constructed and made available for use in accordance with a specification that shall first have been submitted to, and approved in writing by, the local planning authority. The new shared footway/cycleway shall connect the entrance of the application site to the existing shared footway/cycleway that currently terminates on the east side of the A6 at the entrance of Kendal Rugby Club and shall include a crossing of the A6 meeting the necessary safety standards.

Reason:               To maintain highway safety in accordance with: (1) policy CS10.2 (Transport impact of new development) of the South Lakeland Core Strategy; and (2) policy DM1 (General Requirements for all development) of the South Lakeland Development Management Policies Development Plan Document.

 

Condition (37):     Access gates, if provided, shall be hung to open inwards only away from the adopted highway, and be recessed no less than 4.5m as measured from the carriageway edge of the adjacent highway and shall incorporate 45 degree splays to each side.

Reason:               To maintain highway safety in accordance with: (1) policy CS10.2 (Transport impact of new development) of the South Lakeland Core Strategy; and (2) policy DM1 (General Requirements for all development) of the South Lakeland Development Management Policies Development Plan Document.

Foul drainage

Condition (38):     All foul water from the buildings hereby approved shall be disposed of via a public sewer. None of the individual buildings hereby approved shall be first occupied until it has been operationally connected to a public foul sewer.

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

Construction Environment Management Plan

Condition (39):     No development shall commence until a Construction Environment Management Plan (CEMP) has been submitted to, and approved in writing by, the local planning authority. The CEMP shall provide for:

·                     details of the proposed crossings of the highway verge;

·                     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, incorporating the recommendations for site-specific mitigation in section 5.1.14 of the Air Quality Assessment prepared by Wardell Armstrong (March 2020) submitted in support of this planning application ;

·                     no burning of waste material to take place;

·                     measures to: (a)avoid excess dirt on the public highway including wheel washing facilities; and (b) clean the public highway as necessary

·                     the sheeting of all HGVs taking spoil to/from the site to prevent spillage or deposit of any materials on the highway;

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

·                     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 CEMP.

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

Construction management (Ecology)

Condition (40):     In order to mitigate the potential impacts on protected species that might enter the application site during the construction stage of the development, the following working practices must be adhered to:

·                     The storage of all loose materials must be palletised or similar so they are off the ground whenever possible.

·                     Should any trenches and excavations be required, an escape route for animals that enter the trench must be provided, especially if left open overnight. Ramps should be no greater than of 45 degrees in angle. Ideally, any holes should be securely covered. This will ensure amphibians are not trapped during work.

·                     All excavations left open overnight or longer should be checked for animals prior to the continuation of works or infilling. Back filling should be completed immediately after any excavations, ideally back filling as an on-going process to the work in hand.

·                     Any vegetation to be trimmed or cleared should be checked for nesting birds before it is removed. Ideally this should occur outside the bird nesting period March- September. If vegetation clearance is to occur in the March-September period a check for nesting birds should be conducted first by a suitably qualified individual.

Reason:               To mitigate the potential impacts on protected species in accordance with policy CS8.4 (Biodiversity and geodiversity) of the South Lakeland Core Strategy.

Broadband

Condition (41):     None of the units hereby approved shall be first occupied until connected to high speed broadband.

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

BREEAM

Condition (42):     The showroom subject to the Full Permission (PROPOSED KIA SHOWROOM, drawing no. HT1324.1.102 P01, Revision C) and any building constructed pursuant to the Outline Permission which has a gross internal floor area greater than 1,000 sq. m. must achieve the BREEAM 'excellent' standard.

Reason:               To meet the expectations of policy CS8.7 (Sustainable construction, energy efficiency and renewable energy) of the South Lakeland Core Strategy.

Land contamination

Condition (43):     If during the course of development any unexpected contamination is found to be present, development shall immediately cease. Thereafter, development shall only recommence in accordance with a method statement detailing the nature and degree of the contamination and the techniques proposed to remove it. The method statement must be prepared by a suitably qualified independent consultant and must first have been submitted to, and approved in writing by the local planning authority.

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

Construction hours

Condition (44)      Construction work shall be limited to and never on Bank Holidays nor otherwise outside the hours of 0800 – 1800 Monday to Friday or 0900 – 1300 on Saturdays.

REASON:            In the interests of safeguarding the amenity and ecological interest of the existing area in accordance with: (1) policy CS8.4 (Biodiversity and geodiversity) of the South Lakeland Core Strategy; and (2) policies DM4 (Green and Blue Infrastructure and Open Space) and DM7 (Addressing Pollution, Contamination Impact, and Water Quality) of the South Lakeland Development Management Policies Development Plan Document.

 

Note – The Committee voted to adjourn for a break at 11.38.a.m. and reconvened at 11.43.a.m.

 

Note - Councillor Cornah left the meeting at 11.39.a.m.

Publication date: 19/11/2021

Date of decision: 28/10/2021

Decided at meeting: 28/10/2021 - Planning Committee

Accompanying Documents: