Agenda and minutes

Planning Committee - Thursday, 19 December 2019 10.00 a.m.

Venue: District Council Chamber, South Lakeland House, Kendal. View directions

Contact: Committee Services 

Items
No. Item

P/59

Minutes pdf icon PDF 382 KB

To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 31 October 2019 (copy attached).

Minutes:

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting of the committee held on 31 October 2019.

P/60

Declarations of Interest

To receive declarations by Members of interests in respect of items on this Agenda.

 

Members are reminded that, in accordance with the revised Code of Conduct, they are required to declare any disclosable pecuniary interests or other registrable interests which have not already been declared in the Council’s Register of Interests.  (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting.)

 

Members may, however, also decide, in the interests of clarity and transparency, to declare at this point in the meeting, any such disclosable pecuniary interests which they have already declared in the Register, as well as any other registrable or other interests.

 

If a Member requires advice on any item involving a possible declaration of interest which could affect his/her ability to speak and/or vote, he/she is advised to contact the Monitoring Officer at least 24 hours in advance of the meeting.

Minutes:

RESOLVED – That it be noted that no declarations of interest were made.

P/61

Local Government Act 1972 - Excluded Items

To consider whether the items, if any, in Part II of the Agenda should be considered in the presence of the press and public.

Minutes:

RESOLVED – That it be noted that there are no excluded Items on the agenda.

P/62

Public Participation

Any member of the public who wishes to ask a question, make representations or present a deputation or petition at this meeting should apply to do so by no later than 0:01am (one minute past midnight) two working days before the meeting.  Information on how to make the application can be obtained by viewing the Council’s Website www.southlakeland.gov.uk or by contacting the Committee Services Team on 01539 733333.

(1)        Planning Applications

 

            Planning applications for which requests to speak have been made.

 

(2)        Agenda Items

 

            Agenda items for which requests to speak have been made.

Minutes:

RESOLVED – That it be noted that applications to speak under the Council’s public participation scheme have been received in respect of the following items:-

 

(1)        Minute No. P/65 (Planning Application No. SL/2019/0615);

 

(2)        Minute No. P/67 (Planning Application No. SL/2018/0959); and

 

(3)        Minute No. P/68 (Planning Application No. SL/2018/0364).

P/63

Planning Application No. SL/2019/0731 - South Lakeland House pdf icon PDF 593 KB

To determine an application for the demolition/removal of the existing entrance lobby and the erection of a new glazed lobby and installation of replacement windows.

Minutes:

Demolition/removal of existing entrance lobby and erection of new glazed lobby and installation of replacement windows (South Lakeland District Council).

 

The Planning Officer presented Planning Application SL/2019/0731 which sought permission to demolish and remove the existing entrance lobby and to erect a new glazed lobby and to install replacement windows at South Lakeland House, Kendal. He displayed plans and photographs which outlined the proposals. He drew Members’ attention to main issues to consider which included whether or not the proposals would have a significant impact on the visual and residential amenity of the area and on the setting of the adjacent buildings and character of the Kendal Conservation Area.

 

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

 

RESOLVED – That Planning Application SL/2019/0731 be granted subject to the following conditions:-

 

Condition (1)   The development hereby permitted shall be commenced before the expiration of THREE YEARS from the date hereof.

 

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:

Site Location Plan, Drawing Number: 2010 Revision A

Proposed Entrance Plan, Drawing No. 2008 Revision C

Proposed Entrance Plan, Drawing No. 2009 Revision A

Proposed Elevations, Drawing No. 2005 Revision C

Proposed Floor Plans Sheet 1, Drawing No. 2003 Revision D

Proposed Floor Plans Sheet 2, Drawing No. 2003-01 Revision C

Design and Access Statement, Received 1 October 2019

 

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

 

Condition (3)   The materials to be used for the external surfaces of the development hereby approved shall be:

Walls: Glue Laminated Timber frame with curtain walling glazing and door with RAL7015 (slate grey) frames

Roof: Sedum roof with grey pressed aluminium flashings and velux rooflights.

Windows: uPVC windows RAL7015 (slate grey)

Hard Surfacing: Marshalls conservation paving and kerb, Marshalls tegula block paving

 

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.

 

P & P Statement

 

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

P/64

Planning Application No. SL/2019/0800 - Kendal Town Hall pdf icon PDF 725 KB

To determine an application for internal refurbishment.

Additional documents:

Minutes:

Internal refurbishments to Kendal Town Hall (South Lakeland District Council).

 

The Planning Officer presented Planning Application SL/2019/0800 which sought listed building consent for internal refurbishments to Kendal Town Hall. He displayed plans and photographs which outlined the proposals and informed Members that Kendal Town Hall was a Grade II listed building within Kendal Conservation Area. The Planning Officer provided details of the proposed refurbishment and concluded that the changes amounted to less than substantial harm and that it was considered that some of the changes resulted in betterment.

 

Members requested additional information regarding the refurbishment of the District Council Chamber, and photographs of the existing chamber and the proposed refurbishment were circulated to the Committee. In addition the Planning Officer drew Members’ attention to paragraph 32 of the report which stated that the works in the District Council Chamber would bring public benefits and that there would be no harm to the traditional fabric of the chamber. Members’ attention was also drawn to paragraph 59 of the report which summarised the public benefits and improvements of the internal refurbishment.

 

A Member requested that, as part of the refurbishment, consideration be given to addressing the litter problem in Angel Yard and New Bank Yard. Other Members sought additional clarification regarding the proposed changes to the fabric of the Council Chamber.

 

Members gave consideration to the environmental efficiency of the refurbishment and were advised that, where possible, secondary glazing would be installed which would improve thermal efficiency of the building.   Members agreed that the public benefits outweighed the less than substantial harm.

 

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

 

RESOLVED – That the application be granted subject to the following conditions:-

 

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

 

Reason            To comply with the requirements of Section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

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

Location Plan, Drawing No. 2023

Entrance Details, Drawing No. 2021

Access Lift Details, Drawing No. 2020 revision A

Proposed Floor Plans, Drawing No. 2016 revision A

Listed Building Plans, Ground Floor, Drawing No. 2017 revision B

Listed Building Plans, First Floor, Drawing No. 2018 revision B

Listed Building Plans Second Floor, Drawing No. 2019 revision A

Heritage Finished Document, Reference 1133-KTWSP-240919

Hydraulic Lifting Platform, Received 22 November 2019

Ground Floor WC’s General Arrangement, Drawing No. 1133-KTH-0G-WC-01B

Ground Floor WC’s Elevations, Drawing No. 1133-KTH-0G-WC-02B

Ground Floor WC’s Disabled Toilet, Drawing No. 1133-KTH-0G-WC-03B

Ground Floor DWC & Babychange, Drawing No. 1133-KTH-0G-WC-04A

Ground & 1st Floor Teapoint (RG-13 & R1-07), Drawing No. 1133-KTH-01-KT-01B

First Floor WC’s Female WC Elevations, Drawing No. 1133-KTH-01-WC-02B

First Floor WC’s Male WC Elevations, Drawing No. 1133-KTH-01-WC-03B

First Floor WC’s Disabled Toilet, Drawing No. 1133-KTH-01-WC-04B

2nd Floor Balcony Details, Drawing No. 1133-KTH-02-DT-01B

 

First Floor Flooring Layout, Drawing  ...  view the full minutes text for item P/64

P/65

Planning Application No. SL/2019/0615 - Eden Lodge and House, Coast Road, Bardsea, Ulverston pdf icon PDF 473 KB

To determine an application for the retention of four wooden chalets used in connection with main lawful use of the site for ancillary accommodation for the main house, a separate holiday let unit and manager’s accommodation.

Minutes:

Retention of four wooden chalets used in connection with the main lawful use of the site for ancillary accommodation for the main house, a separate holiday let unit and manager’s accommodation (Mr E Liehr).

 

The Planning Officer presented Planning Application SL/2019/0615 which sought planning permission for the retention of four wooden chalets used in connection with the main lawful use of the site for ancillary holiday accommodation for the main house, a separate holiday let unit and manager’s accommodation. He explained that Eden Lodge was a large site which comprised of two main buildings which were used for holiday letting purposes and within the grounds were a number of wooden buildings. He displayed plans and photographs which outlined the proposals and drew Members’ attention to the location of the lodges. He referred to the site visit and explained that the applicant had recently erected a two metre high screen fence which would offer additional protection from noise and overlooking and in addition the amended proposal included the relocation of the hot tub to a position within the site away from the boundary of neighbouring properties. The Planning Officer concluded his presentation by informing Members that the proposal for two holiday lodges met all the criteria within Policy DM18 and the two lodges for manager’s accommodation met the requirements of Policy DM15.

 

Local residents Craig and Victoria Cowen, on behalf of themselves and other local residents, addressed the Committee in opposition to the application. They highlighted concerns regarding the impact on residential amenity in particular noise disturbance. Mr and Mrs Cowen acknowledged that the erection of the two metre fence had helped, however it did not offer complete privacy and stated that local residents regularly felt intimidated by the noise disturbance and felt unable to relax and sit out in their own gardens.

 

Kate Bellwood, the applicant’s agent, addressed the Committee on behalf of the applicant. Her address highlighted that there were two key considerations which were: the direct impact of the four log cabins in terms of any additional noise or disturbance; and the validity of the arguments and concerns raised by neighbours. Ms Bellwood outlined the proposed use of the cabins and explained that the use of the hot tub, sauna and barbeque would be limited. She drew Members’ attention to the benefits of the accommodation being provided for an on-site manager and refuted a number of the arguments and concerns raised by neighbours.

 

The Planning Officer drew Members’ attention to page 54 of the agenda pack which summarised the lawfulness and planning history of the buildings.

 

A motion to grant the application was proposed but not seconded.

 

Members gave consideration to the possibility of granting permission for cabins D and E and refusing permission for lodges B and C. Members were advised by the Interim Development Management Team Leader that splitting the decision was not possible and their decision should be based on the application before them.

 

A motion to refuse the application was proposed on the grounds  ...  view the full minutes text for item P/65

P/66

Planning Application No. SL/2018/0364 - Land adjacent to Burlington Primary School, Kirkby in Furness pdf icon PDF 656 KB

To determine an application for the erection of 46 dwellings and formation of vehicular and pedestrian access.

Additional documents:

Minutes:

Full Planning Application for the development of 46 dwellings (Brookhouse Group).

 

The Planning Officer presented Planning Application No. SL/2018/0364 which sought permission for the development of 46 dwellings on land north and east of Burlington School, Kirkby in Furness. He displayed plans and photographs which outlined the proposal and drew Members’ attention to the late representations which had been circulated prior to the meeting. The Planning Officer informed Members that the principal issue related to the reduction in the number of affordable housing which was due to a revised site layout and design. He explained that the revised scheme met the requirements of DM11 however, this had resulted in a reduction from 50 to 46 units and the applicant had submitted a Financial Viability Assessment (FVA) which had justified a change in affordable housing provision of 17 units to zero units. An independent review of the FVA had been undertaken by Lambert Smith Hampton and following adjustments to the development costs and profit level, an affordable housing contribution of nine units had been offered. The Planning Officer went on to outline the Sustainable Drainage System (SuDS) for the entire site which included the use of a permeable surface to the access road and soakaways for the individual house plots.

 

Tom Whitehead, on behalf of the applicant Brookhouse Group, addressed the Committee. He highlighted that the developer understood the importance of affordable housing and that they had worked hard in responding to the comments received. He stated that the application was a great scheme which had been fully assessed and he asked Members for their support in granting the application.

 

Ms Rachel Bagshaw, the applicant’s agent, addressed the Committee. She stated that the application was a quality scheme, using local materials and would be completed to a high standard. She acknowledged that initially the revised scheme had offered no affordable housing however, the applicant had been committed to delivering affordable housing. Ms Bagshaw reiterated that the dwellings fully complied with DM11 and were 100% accessible and could be adapted to meet the changing needs of occupants over their lifetime.

 

The Planning Officer advised Members that Matt Messenger, Planning Viability Consultant, Lambert Smith Hampton, was present to answer any questions.

 

The Planning Officer responded to questions raised by Members and he clarified that the public consultation related to the initial scheme of 50 units with 17 affordable units and that no further public consultation had taken place. However, all statutory consultees had been provided with the updated plan and scheme.

 

With permission of the Chairman, Tom Whitehead, further addressed Members and stated that the revised scheme had been costed and Brookhouse Group were committed to the delivery of the scheme.

 

Members thanked the Planning Officer for the well written report and gave consideration to Policy DM11 and the reduction in affordable housing units. Members agreed it was an excellent scheme and that the only downside of the revised scheme had been the reduction in the number of affordable housing units.

 

A motion  ...  view the full minutes text for item P/66

P/67

Planning Application No. SL/2018/0959 - Land Off Kendal Parks Road, Kendal pdf icon PDF 971 KB

To determine an application for the erection of 30 dwellings and associated infrastructure including landscaping, open space, access with bridge, highways and parking arrangements, sustainable drainage system (SuDS) and land re-profiling works (amended scheme proposing four affordable housing units).

Additional documents:

Minutes:

Erection of 30 dwellings and associated infrastructure including landscaping, open space, access with bridge, highways and parking arrangements, sustainable drainage system (SuDS) and land re-profiling works (amended scheme proposing four affordable housing units) (Russell Armer Ltd).

 

The Planning Officer presented Planning Application No. SL/2018/0959 which sought permission for 30 houses on the northern section of a site allocated for development by policies LA1.3 and LA2.4 of the Land Allocations Development Plan Document. He displayed plans and photographs which outlined the proposal. He referred to the site visit and drew Members’ attention to the late representations which had been circulated prior to the meeting.

 

The Planning Officer highlighted the key constraints to the site which included the railway line to the east, Bluebell wood to the north, Natland Mill Beck to the south and an established residential development to the west. In addition the site had a steep fall from east to west. The Planning Officer went on to explain that the housing would be on three tiers and he outlined the sequence of the units climbing up the slope. 

 

Mr Chris Garner, the applicant’s agent, addressed the Committee. He explained that significant changes had been made to the scheme which included changes to comply with DM11 and he advised Members that 18 dwellings would be full accessible and adaptable. Mr Garner emphasised that every effort had been made to ensure a satisfactory relationship between the existing housing and the proposed scheme.

 

The Planning Officer responded to questions raised by Members and confirmed that 18 of the 30 houses would achieve M4(2) standard of policy DM11 and he displayed further plans and highlighted the M4(2) compliant units. In addition he provided details of the roads which would be adopted by the Local Highway Authority and clarified details of the drainage scheme.

 

The Planning Officer reported that the applicants had submitted an updated “Method Statement for Work around Natland Beck” dated 09 December 2019 and drew Members’ attention to the consequential amendments necessary to: (1) the Appropriate Assessment (the latest version was now dated 17 December 2019; and (2) conditions 19 and 20.

 

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

 

RESOLVED – That the application be approved subject to:-

 

(1)        A section 106 agreement to secure:

 

i.              four units of affordable housing (plots 18, 19, 20 and 21), comprising: (1) 2 x two-bedroomed ‘Lupton’ type apartments for affordable rent; and (2) 2 x two-bedroomed ‘Crooklands’ type semi-detached houses for shared ownership;

ii.          Adopting the Appropriate Assessment dated 17 December 2019 for the purposes of meeting the Council’s obligations under Regulation 63 of the Conservation of Habitats and Species Regulations 2017; and

ii.             a financial contribution of £6,000 towards the enhancement of off-site recreational open space; and

 

(2)        The following conditions, as amended if information satisfying the requirements of any condition is submitted and agreed before the decision notice is issued:

 

Condition (1)   The development hereby permitted shall be commenced before the  ...  view the full minutes text for item P/67

P/68

Planning Application No. SL/2019/0808 - Hampsfell Road Depot, Hampsfell Road, Grange-over-Sands pdf icon PDF 721 KB

To determine an application for the change of use from offices to form two independent units of emergency accommodation for families.

Additional documents:

Minutes:

Change of use from offices to form two independent units of emergency accommodation (Mr Sion Thomas).

 

The Planning Officer presented Planning Application No. SL/2019/0808 which sought permission for change of use of two separate office units, within the same building, to provide two independent units of emergency accommodation. He displayed plans and photographs which outlined the proposals and drew Members’ attention to the late representations which had been circulated prior to the meeting and which outlined the need for temporary accommodation in the area.

 

Members agreed it was an excellent scheme and fully supported the proposal.

 

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

 

RESOLVED – That the application be granted subject to the following conditions:-

 

Condition (1)   The development hereby permitted shall be commenced before the expiration of THREE YEARS from the date hereof.

 

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 Plan received 2nd October 2019

Proposed Site Plan received 2nd October 2019

Proposed Floor Plans and Elevations Dwg No 02 Rev A received 17th October 2019

 

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

 

P & P Statement                    

 

In the exercise of its judgement in determining the appropriate balance of considerations, the Local Planning Authority has acted positively and proactively in determining this application proposal, taking into account all material considerations. Material considerations include planning policies and any representations that may have been received preceding the determination to grant planning permission in accordance with the presumption in favour of sustainable development as set out in the National Planning Policy Framework.  The Local Planning Authority is satisfied that its processes and practices are compatible with the Human Rights Act and the decisions of the European Court of Human Rights.

P/69

Planning Application No. SL/2019/0540 - 64, High Cragg Close, Kendal pdf icon PDF 525 KB

To determine the removal of the S.106 requirement to comply with the local occupancy condition attached to planning permission reference SL/2005/0976.

Minutes:

Removal of S.106 requirement to comply with local occupancy condition attached to planning permission reference SL/2005/0976 (Russell Armer Ltd).

 

The Legal, Governance and Democracy Specialist presented a report which outlined the proposal for the removal of the s106 obligation requirement which required a local occupancy condition pursuant to application SL/2019/0540. She explained that it was the opinion of Officers that the s106 agreement served no useful purpose and it was recommended that it should be discharged to reflect the current legal and policy position.  The Legal, Governance and Democracy Specialist went on to outline the background of the Russell Armer development and informed Members that the 47 open market properties were to have been subject to a local occupancy restriction but that there was no evidence that this process had been undertaken. In addition the developer had confirmed that none of the properties had been sold with local occupancy provisions. The Legal, Governance and Democracy Specialist stated that it was the opinion of the Policy team, in terms of local and national policy context, that there was no basis for applying local occupancy clauses to market housing outside of the National Parks.

 

The Legal, Governance and Democracy Specialist and Interim Development Management Team Leader responded to questions raised by Members and clarified that these types of local occupancy conditions would not be imposed on properties in this area today. In addition Members were advised that the Cabinet minutes at the time had said that the houses should be sold without restriction. The Legal, Governance and Democracy Specialist advised Members that the s106 agreement would have been registered as a local land charge relating to the properties, however, the properties had not had the local occupancy recorded in their title deeds. She stated that Russell Armer had submitted the application on behalf of the home owners, which suggested that the anomaly needed to be addressed. In addition the Policy Team had acknowledged that similar types of applications had been approved in the past and Members were advised that it was important to be consistent in terms of decision making.

 

Members gave consideration to the provisions of s106A and the position relating to the S106 agreement and the local occupancy conditions and the predicament in which home owners on the development had found themselves. 

 

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

 

RESOLVED – That

 

(1)        the s106 obligation relating to local occupancy be discharged; and

 

(2)        the Affordable Housing obligations remain in force. 

P/70

Planning Application No. SL/2019/0625 - 1, 3, 4, 6 ,8, 14, 16, 18, 20, 22, 24, 26, 28, 30, 31, 32, 33, 34, 36, 38, 40, 42 Low Cragg Close, Kendal and 2, 4, 6, 14, 26, 28, 30, 31, 32, 33, 35, 37, 40, 42, 58, 60, 62, 66, 68, 70, 72, 74, 76, 78 High Cragg Close, Kendal pdf icon PDF 748 KB

To determine the removal of the S.106 requirement to comply with the local occupancy condition attached to planning permission reference SL/2005/0976.

Minutes:

Removal of S.106 requirement to comply with local occupancy condition attached to planning permission reference SL/2015/0976 (Russell Armer Ltd).

 

The Legal, Governance and Democracy Specialist informed Members that having presented a full report for the previous item (Minute No. P/69) the background facts and key issues also related to application SL/2019/0625 which was a proposal for the removal of the s106 obligation requirement which required a local occupancy condition pursuant to application SL/2019/0540 for various properties on Low Cragg Close and High Cragg Close, Kendal.

 

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

 

RESOLVED – That

 

(1)        the s106 obligation relating to local occupancy be discharged; and

 

(2)        the Affordable Housing obligations remain in force. 

P/71

Annual Report - Residential Monitoring for the period 1 April 2018 to 31 March 2019 pdf icon PDF 493 KB

To consider a report which updates the Committee on the position regarding residential permissions and completions for the District, outside the National Parks, for the year to 31 March 2019 and the five year housing land supply position as at 31 March 2019.

Minutes:

The Strategy Specialist introduced the Annual Report for Residential Monitoring for the period 1 April 2018 to 31 March 2019. The report undated the Planning Committee on recent housing delivery in the district outside the National Parks. The Strategy Specialist summarised key figures within the report.

 

RESOLVED – That the contents of the report be noted.

P/72

A Report on Monthly Enforcement Activity pdf icon PDF 28 KB

To consider an update on planning enforcement activity between October and November 2019.

Minutes:

The Planning Enforcement Officer introduced the Monthly Enforcement Report which outlined the enforcement activity between October 2019 and November 2019.

 

In response to a query regarding 11/11a New Market Street, Ulverston the Interim Development Management Team Leader undertook to provide an update.

 

RESOLVED – That the contents of Appendix 1 to the report be noted.

P/73

Planning Performance and Appeals Update pdf icon PDF 50 KB

To consider an update on performance measures and recent appeals as at 10 December 2019.

Minutes:

The Planning Performance and Appeals Update was presented by the Interim Development Management Team Leader. He outlined the performance in the current quarter and the changes since the last meeting.

 

RESOLVED – That the report and contents of Appendices 1 and 2 to the report be noted.