Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
The Senior Specialist (Development Management) presented the application on behalf of Simon Lloyds, the Case Officer for the application. The application sought permission for the construction of a single storey front, side and rear extension at No. 61 Scafell Drive, Kendal, LA9 7PE. 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 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. The Specialist highlighted to Members on the opposite side of the application there were many other properties with similar extensions.
Kendal Town Council made an objection to the application and had commented on the visual design of the extension and concern for construction access requirements due to the closeness of the neighbouring property. The Specialist clarified that any issues relating to impact on party walls or access for construction was a civil legal matter and was not a material planning consideration.
Members’ sought clarification if there was a requirement to have extra noise insulation if the extension were to be living accommodation instead of a garage. The Specialist clarified that this would be addressed through building control, and noted that the application was intended to be for the use of a garage at the front and a utility room and WC that was not likely to promote any noise issues.
One Member requested that the outline of the old building be provided in order to demonstrate the existing structure, and the new, and that this should be provided for all future applications. The specialist highlighted where this was shown on the plans submitted.
On the subject of net biodiversity gain, Members considered that this application gave the impression that it had more of an impact on the environment than the previous application (Minute No. P/27 Planning Application No. SL/2021/0764). Despite the replacement or remedy being the same in respect to net biodiversity gain. Members sought clarification if there was an opportunity to request additional biodiversity gain.
The Senior Specialist explained to Members how the Council applied Policy DM4 in relation to householder applications and appreciated that more clarity was required in this area and would need to be considered more widely as part of the Local Plan review.
The Chairman stated that if a biodiversity gain was to be expected then the Council should be confident that we were indeed receiving a gain. He stressed that the construction would be impacting on the environment considerably and that the measure was not proportionate; but he did take on board the comments of the Senior Specialist. He undertook to follow this point up with the relevant Portfolio Holder.
A motion to approve the application was proposed and seconded and it was
RESOLVED – That the application be approved 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:
Location and Block Plan, Drawing No. SB-2157-01 Rev A,
Proposed Floor Plans and Elevations, Drawing No. SB-2157-03 Rev A
As received by the Local Planning Authority 13th October 2021
Reason: For the avoidance of doubt and in the interests of proper planning.
Condition (3) The materials to be used in the construction of the external surfaces of the extension hereby permitted shall match those used in the existing building and shall be retained as such thereafter unless otherwise agreed in writing with the Local Planning Authority.
Reason: To ensure the extension respects the design of the parent building 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 Location and Block Plan, Drawing No. SB-2157-01 Rev Areceived 13 October 2021 has been installed under the north elevation eaves of the original dwelling. 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, surface water from the extension shall be connected to drain into the existing soakaway system, unless otherwise agreed in writing with the Local Planning Authority. The surface water drainage system shall be retained and maintained at all times thereafter.
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