Agenda and minutes

Planning Committee - Thursday, 30 January 2020 10.00 a.m.

Venue: District Council Chamber, South Lakeland House, Kendal

Contact: Committee Services 

Items
No. Item

P/74

Minutes pdf icon PDF 466 KB

To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 19 December 2019 (to follow).

Minutes:

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting of the Committee held on 19 December 2019.

P/75

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 the following declarations of interest were made:-

 

Councillor Pete McSweeney declared a non-pecuniary interest and Councillors David Webster and Gill Gardner declared pecuniary interests with regards to Minute No. P/78 (Planning Application No. SL/2018/0715).

P/76

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/77

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/78 (Planning Application No. SL/208/0715);

 

(2)        Minute No. P/79 (Planning Application No. SL/2019/0745); and

 

(3)        Minute No. P/80 (Planning Application No. SL/2019/0735).

P/78

Planning Application SL/2018/0715 - Land to the east of Park House Drive, Heversham pdf icon PDF 289 KB

To determine an application for a residential development of six dwellings, including two affordable dwellings, with parking and amenity space.

Additional documents:

Minutes:

Residential development of six dwellings, including two affordable dwellings with parking and amenity space (Cumbria County Council).

 

Note – Councillor John Holmes said that he had been approached (lobbied) by an objector regarding the proposed development. He explained, however, that he was not biased or predetermined and he remained in the Chamber and took part in the discussion and voting on the item.

 

Councillor David Webster declared a pecuniary interest in this item by virtue of the fact his wife was employed by Cumbria County Council and he left the Chamber during the discussion and voting on the item.

 

Councillor Gill Gardner declared a pecuniary interest in this item by virtue of the fact she was employed by Cumbria County Council and she left the Chamber during discussion and voting on the item.

 

Councillor Pete McSweeney declared a non-pecuniary interest in this item by virtue of the fact he was an elected Member of Cumbria County Council. He explained however, that he was not biased or predetermined and remained in the Chamber and took part in the discussion and voting on the item.

 

The Planning Officer presented Planning Application No. SL/2018/0715 which sought outline planning permission, with some matters reserved, for a residential development including associated parking and amenity space. He displayed plans and photographs which outlined the proposals and he explained that site plans were for illustrative purposes and that the outline application before Members was for six houses and the access point. He went on to highlight the topography of the site and he referred to the site visit. The Planning Officer drew Members’ attention to the late representations which had been circulated prior to the meeting and which included a number of documents submitted by local residents. He outlined the key issues for consideration which included the landscape impact and whether the application complied with all five criteria of the Development Management Development Plan Document (DMDPD) policy DM13. The Planning Officer stated that the site appeared visually well contained by existing landscape features and did not lead to an unacceptable intrusion into open countryside. In addition a ‘Landscape Strategy Plan’ would reinforce the physical and visual containment of the site with new planting, which would be secured by conditions and a section 106 agreement. The Planning Officer outlined the separation distances from the existing houses on Park House Drive and advised Members that there would be a minimum gap of 22 metres. He explained that representations submitted had highlighted concerns regarding the adequacy of the approach road which included concerns regarding the access and the steepness of Dugg Hill. He informed Members that the County Development Design Guide indicated a road width of 5.5 metres and that the existing carriageway of Dugg Hill was 4.8 metres wide. He explained he had requested comments from the local Highway Authority and that they had raised no objections and had stated that the design guidance set out recommended attributes for roads which allowed for flexibility.

 

The Planning Officer went on  ...  view the full minutes text for item P/78

P/79

Planning Application SL/2019/0745 - Bel Air, Brigsteer Road, Kendal pdf icon PDF 162 KB

To determine an application to change ground levels to a front garden to create a hard standing for parking (part retrospective) (revised scheme of SL/2018/0850).

Additional documents:

Minutes:

Change to ground levels to front garden to create a hard standing for parking (part retrospective) (Revised scheme of Planning Application SL/2018/0850) (Ms H Gardner).

 

The Planning Officer presented Planning Application No. SL/2019/0745 which sought permission for a revised scheme of an unauthorised development to create a parking area with store underneath, which had been erected on site without planning permission. She explained that Planning Application No. SL/2018/0850 had sought retrospective planning permission to retain the development, however this had been  refused by virtue of its scale and position, as it created an overly dominant street scene which adversely affected the character and appearance of the area of Kendal and the amenity available at nearby residential properties. The Planning Officer displayed plans and photographs which outlined the application and drew Members’ attention to the late representations which had been circulated prior to the meeting. The late representations detailed further information, provided by the applicant’s agent, on site drainage, the containment of surface water within the parking area and a soakaway at the base of the parking area. The Planning Officer stated that the detail was considered appropriate to control surface water drainage on site. She advised that if Members’ were minded to approve the application and were of the opinion that details of surface water drainage were required prior to first use of the amended development, this could be added to any decision made. The Planning Officer also read out the consultee response from SLDC’s Arboriculture Officer. The Planning Officer informed Members that the key issues applicable to the application were the visual impact on the street scene and character of the locality and the impact upon neighbouring amenity. She reiterated that the current development on site was unauthorised and informed Members that the proposed application sought to reduce the parking area to a level which was no higher that 300mm above the original sloping ground level which would reduce its impact on the neighbouring occupier. The wall enclosing the parking area would be retained and a two metre high fence had been proposed, which would screen the retained side wall, as a benefit to the adjoining neighbour. The Planning Officer also detailed the proposed alterations to the access.

 

Mr Chris Garner, of Garner Planning Associates Ltd, addressed the Committee on behalf of Mrs Rose Brennand resident of Sun Brick, in opposition to the application.

 

Ms Kate Bellwood addressed the Committee on behalf of her client, the applicant, in support of the application.

 

The Interim Development Management Team Leader further outlined the history of both planning applications and explained that the applicant had been under threat of enforcement action, however, as they had been engaged with Development Management, the approach had been to resolve the issue without formal action. The Planning Officer highlighted that, should the application be approved, Condition 1 required the development to be completed within three months from the date of the permission.

 

The Planning Officer and the Interim Development Management Team Leader responded to questions raised  ...  view the full minutes text for item P/79

P/80

Planning Application SL/2019/0735 - Plot of land adjacent to The Langdales, Levens pdf icon PDF 143 KB

To determine an application for the erection of a dwelling including access, design landscaping, layout and scale (revised scheme SL/2018/0938).

Additional documents:

Minutes:

Erection of a dwelling including access, design landscaping, layout and scale (revised scheme LS/2018/0938) (Dawn Osliff).

 

Note – Councillor John Holmes said that he had been contacted by the applicant regarding a committee procedural matter. He explained, however, that he was not biased or predetermined and he remained in the Chamber and took part in the discussion and voting on the item.

 

The Planning Officer presented Planning Application No. SL/2019/0735 which sought reserved matters approval for a single dwelling on an unallocated site in the village of Levens. He explained that the principle of residential development of the site had been established by the grant of outline planning permission in 2018 and the reserved matters application included access, design landscaping, layout and scale. The Planning Officer displayed plans and photographs which outlined the proposals. He explained that the site was currently part of the garden of Langdales, the neighbouring property to the north and the adjacent dwelling to the south, Applegarth, was a single storey bungalow. The current application was a resubmission of a previous refusal by delegated powers and since the original application the applicant had made an amendment to the plans to relocate the garage. However, there had been no change to the scale and design. The Planning Officer informed Members that the design was of good quality and would relate well to the existing dwelling, Langdales. He drew Members’ attention to the late representations, which had been circulated prior to the meeting, and he highlighted the applicant’s submission of amended floor plans which demonstrated that the development would comply with Policy DM11, relating to accessible and adaptable homes. The Planning Officer explained to Members that the Parish Council had objected on highway safety grounds, however, the Highway Authority had been satisfied that the proposal provided adequate space for parking and turning and did not have any adverse impact on highway safety. He informed Members that the key reasons for refusal were the impact of the scale; layout; and the relationship with the adjacent dwellings, which would result in a significant overbearing impact on the habitable room windows in the rear elevation of Applegarth.

 

Mr David Parry addressed the Committee in support of the application and enquired if the documents and indicative plans, submitted by the applicant prior to the meeting, had been passed to Members as he wished to refer to these during his address to the Committee. As the documents had not been made available to Members of the Committee, a motion to defer the application was proposed and seconded. In light of the motion to defer the application, Mr David Parry requested permission to proceed with his address to the Committee without the said documents. The proposal to defer the application was therefore withdrawn by Councillor Lancaster who requested that it be noted in the minutes that an offer to defer had been made. Mr David Parry proceeded to address the Committee in support of the application.

 

Councillor Kevin Holmes, Ward  ...  view the full minutes text for item P/80

P/81

A Report on Monthly Enforcement Activity pdf icon PDF 139 KB

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

Minutes:

The Interim Development Management Team Leader introduced the Monthly Enforcement Report which outlined the enforcement activity up to the end of December 2019.

 

In response to a question regarding the enforcement detail within the report, the Planning Enforcement Officer undertook to provide more detailed information in future reports including new cases; closed cases; application warning letters; notices; and breaches which would enable Members to follow planning enforcement actions.

 

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

P/82

Planning Performance and Appeals Update pdf icon PDF 278 KB

To consider an update on performance measures and recent appeals as at 22 January 2020.

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.

P/83

2020/21 to 2024/25 Draft Budget pdf icon PDF 143 KB

To consider the latest draft budget estimates for 2020/21 to 2024/25.

Additional documents:

Minutes:

The Finance Lead Specialist presented the 2020/21 – 2024/25 Draft Budget which provided Members the opportunity to consider the funding available to deliver planning services.

 

The Finance Lead Specialist referred to Appendix 1 which excluded recharges for current and future years and explained that this was due to the fundamental restructuring of the Council’s staffing as part of the Customer Connect Programme.  The salary costs, having previously been charged to the Development Control cost centre, had been charged to departmental budgets. It was planned to calculate recharges in autumn 2020 when the new operating model had been in place for six months.

 

RESOLVED – That the budget draft estimates be noted.