Decision details

Variation of condition 1 (Approved plans) attached to planning permission SL/2015/0497 (20 dwellings, associated access road, landscaping and parking provision for Hincaster Trailway).

The Planning Officer presented the report to Members. The proposal was described as a variation of condition 1 (Approved plans) attached to planning permission SL/2015/0497 (20 dwellings, associated access road, landscaping and parking provision for Hincaster Trailway).

A variation, and revocation if so required, to a S106 agreement and deed of variation relating to affordable housing was approved by Members at the March 2022 Committee. At that Committee, it had been agreed with Members that the S73 Application would be presented to Committee.

The Planning Officer outlined the proposal as variation to three plots 13, 15 and 16 and proposed to increase the ridge height of these dwellings by 0.45 meters.

The Planning Officer provided the history of the plot where the previous developer went out of business, the Section 106 modification discussed in the last meeting was relayed to Members. The modifications to the three plots were explained with diagrams on slides. The impact to the street scene was discussed and the aerial surround of the site reviewed with front and rear elevations being displayed. The proposed changes to the ridge height was explained using diagrams and the impact on neighbouring properties was described as minimal.

Speaker: Paul Tunstall – Planning Agent, spoke in support of the application.

Members queried the roof colour changes in the slides. The previous design was noted to have a different colour roofing material to the proposed change image. The Chairman allowed the speaker to clarify the reason for the Members’ benefit. The Speaker confirmed that all materials will remain the same, the design illustration was purely providing comparison on like for like basis.

A Member enquired about the contribution towards the affordable homes element by the developer. The Officer advised that this was not a material consideration for this Application.

The Chairman acknowledged that whilst it may not be a material planning consideration he asked if the Principal Planning Officer could check and provide a written response to the Member with an update on the contribution towards the affordable homes element agreed by the previous developer.

A motion to approve the application was proposed and seconded and a vote was taken and it was

RESOLVED: That the application be approved subject to the following:

Condition (1):

The development hereby permitted shall be carried out in accordance with the following approved plans:- 9867/3/12/Rev B Location Plan; 9867/3/1/ Rev G Site Layout Plan; E1815.03A Site Survey; 9867/3/2 House Type H1; 9867/3/3 Rev A House Type H2; 9867/3/4, House Type H3; 9867/3/4 Rev P00, House Type H4; 9867/3/6 Rev A House Type H5; 9867/3/8 Rev A, House Type H6; 9867/3/8 Rev P00, House Types H4 ABC; 9867/3/15. Site Sections AA and BB; 9867/3/16. Street Elevation; 9867/3/17. Visibility splay plan; 139.700 Street Scene. 139.200

Rev I Landscape Strategy Drawing; 139.300 Rev D Structural Landscaping Plan; 139.400 Rev B Boundary Treatments; 139.501 Rev C Hard Landscaping 1; 139.502 Rev C Hard Landscaping 2; 139.503 Rev A Entrance Feature Detail; 139.601 Soft Landscaping 1; 139.602 Soft Landscaping 2; 139.603 Soft Landscaping 3; 139.604 Soft Landscaping 4; 139.605 Soft Landscaping 5; and

Arboricultural Method Statement (Rachel Atkinson).

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

Condition (2):

The development shall be carried out in accordance with the approved Landscape Strategy Drawing No 139.200. Rev I and approved Arboricultural Method Statement (Rachel Atkinson).

Reason: To safeguard and enhance the character of the area and secure high quality landscaping in accordance with Policy DM4 of the Councils Development

Management Policies.

Condition (3):

 a) No superstructure shall be erected until samples and details of all 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 DM4 of the Councils Development Management Policies.

Condition (4):

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no development of the type described in Class A - gates, fences, walls etc, Part 2 Minor Operations of Schedule 2 of that Order shall be undertaken without the express permission of the Local Planning Authority.

Reason: The dwellings and their garden areas have been designed to minimize their impact on landscape / settlement character in accordance with Policy CS8.2 of the South Lakeland Core Strategy, and the local planning authority wish to retain control over gates walls and fences.