Decision details

Planning Application No.SL/2021/0764 - 24 Castle Oval, Kendal, LA9 7DB

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decisions:

The Senior Specialist (Development Management) presented the application on behalf of Simon Lloyds, the Case Officer for the application. The application sought permission to demolish an existing conservatory and rear extension and to erect a rear extension measuring 5.35m x 3.71m at No. 24 Castle Oval, Kendal, LA9 7BD.

 

The application was reported to the Planning Committee as the applicant was a member of staff. This was in accordance with the Council’s Constitution and the Scheme of Delegation. Members were asked to note the existing fencing to the neighbouring property and the neighbour’s conservatory. The main issue for Members to consider was whether the proposal would have a significant impact on the visual and residential amenity of the area. The net gain for biodiversity was a proposal for a bird box on site.

 

Kendal Town Council made a representation that the net biodiversity gain was insufficient with a single bird box and that the positioning of the box should ensure their location was appropriate to achieve an actual net biodiversity gain. It was considered that the bird box would be more successful if located at eaves level and the applicant was agreeable to this. An amended plan was submitted to evidence this. It was considered that the proposed measures were an appropriate net biodiversity gain in context of the development proposed.

Members sought clarification if the Council had a policy with regards to what proposals applicants needed to make to produce a net biodiversity gain. The Senior Specialist stated that small gains were advised for applications such as the one being considered. However, for minor applications the small site DEFRA metric is applied and on major applications the DEFRA metric 3.0 is applied. For residential properties, applicants are requested to include small scale mitigation measures such as erecting bat or bird boxes or planting a fruit tree or flowering plants. The Planning Team Lead reiterated that there was a list as set out in Policy DM4 however the key point, for householder development, was proportionality.

 

A motion was proposed and seconded and that it was

 

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

 

Condition (1)   The development hereby permitted shall begin not later than three years from the date of this decision.

Reason:           To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

Condition (2)   The development hereby permitted shall be carried out in accordance with the following approved plans:

 

                        Exisiting and Proposed Floor Plans and Elevations, Location and Site Plan: Drawing No. A1.SG.07.21 Rev 1

                        As received by the Local Planning Authority 12 October 2021

 

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

 

Condition (3)   The development hereby permitted shall be constructed of the materials details of which are shown on Drawing No. A1.SG.07.21 Rev 1, received 12 October 2021. The approved materials shall be retained thereafter, unless otherwise approved in writing by the Local Planning Authority.

 

Reason:           To ensure the development is of a high quality design in accordance with Policy DM2 of the Development Management Policies Development Plan Document and Policy CS8.10 of the South Lakeland Core Strategy.

 

Condition (4)   The extension hereby approved shall not be first occupied until the bird nest box shown on the Existing and Proposed Floor Plans and Elevations, Location and Site Plan: Drawing No. A1.SG.07.21 Rev 1, received 12 October 2021 has been installed. Thereafter, the approved bird nest box shall be retained for the lifetime of the development, replaced on a like-for-like basis as necessary.

 

Reason           To ensure net biodiversity gains in accordance with Policies DM1 & DM4 of the Development Management Policies Development Plan Document and Policies CS1.1 & CS8.4 of the South Lakeland Core Strategy.

 

Condition (5) Prior to first occupation of the extension hereby permitted, a soakaway and rainwater harvesting butts shall be fully installed as shown on the Existing and Proposed Floor Plans and Elevations, Location and Site Plan: Drawing No. A1.SG.07.21 Rev 1, received 12 October 2021. Surface water from the roof of the extension shall be directed to the soakaway and rainwater harvesting butts. Thereafter, the approved soakaway and rainwater harvesting butts shall be retained for the lifetime of the development.

 

Reason:          To ensure that surface run off is managed at the site to ensure that it reduces the potential for flooding and reduces the transfer and discharge of water elsewhere in accordance with Policy DM6 of the Development Management Policies Development Plan Document.

Publication date: 19/11/2021

Date of decision: 28/10/2021

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

Accompanying Documents: