Contact: Committee Services
Following confirmation that the live stream of the meeting had commenced, the Chairman welcomed everyone to the virtual meeting of South Lakeland District Council’s Planning Committee, in doing so, thanking all officers involved.
The Chairman referred to the new Government legislation allowing councils to conduct remote meetings and explained in detail to all taking part, and for the benefit of members of the public, the procedures for the meeting. He then invited Members of the Planning Committee to introduce themselves, to advise whether they were taking part by video or audio and to confirm that they were able to see (where practicable) and hear all Members participating in the meeting. All Members present, including the Chairman himself, having indicated that this was the case, he referred to officers present at the meeting who would introduce themselves when asked to address the meeting.
To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 17 December 2020.
RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting of the Committee held on 28 January 2021.
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.
RESOLVED – That it be noted that –
Councillor Filmore declared a non-pecuniary interest in Minute No. P/6 Planning Application No. SL/2019/1032 – Holme House Farm, Skelsmergh, Kendal. Councillor Filmore stated that she knew the applicant however was attending the meeting with an open mind and asked the Chair whether she would be able to attend the proceedings for this item, to which the Chair agreed that she could indeed attend and vote on this item of the agenda.
Councillor Gardner declared a non-pecuniary interest in Minute No. P/7 Planning Application No. SL/2020/0364 – Cark Manor, Cark-in-Cartmel, Grange-over-Sands. Councillor Gardner stated that she knew the applicant and would be disconnecting from the hearing at this point.
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.
RESOLVED – That it be noted that there are no excluded items on the agenda.
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.
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:-
Minute No. P/6 (Planning Application No. SL/2019/1032); and
Minute No. P/7 Planning Application No. SL/2020/0364.
The Chairman advised that the participants would be dialled into the meeting to make their address at the appropriate time.
To consider an application for the demolition of all of the existing structures on the site and their replacement with five detached dwellings, together with one or more “shared-use buildings.”
Note – The Planning Officer’s presentation displayed at the meeting had been circulated to Members and displayed on the Council’s Website on the day before the meeting.
The Principal Planning Officer presented the report with accompanying slides of photos and plans of the site from July 2020. He stated that the application had been made with all matters reserved. The proposal of this planning application was to strip all caravans and commercial buildings on the site and replace these existing structures with five detached dwellings and one or more shared-use buildings.
The Principal Planning Officer addressed the flood risk issue, stating that, for the purposes of determining this application, the Environment Agency had accepted the applicants’ Flood Risk Assessment (FRA) which regarded the site as being within Flood Zone 1. However, the Environment Agency has also made it clear that its published Environment Agency Flood Map for Planning remained unchanged, and still showed the site to be within Flood Zone 3. The Principal Planning Officer then presented all other relevant considerations to the Members, including the location surroundings, relevant planning policies applicable to this proposal, and the period of non-use.
The Principal Planning Officer concluded his presentation of the report by stating that he recommended the approval of this planning application subject to the adoption of the “Shadow Habitat Regulations Assessment” produced by Environmental Solutions Limited and subject to the adoption of Conditions 1-20.
Note – at this point in the proceedings the Chairman requested that the public participants, speaking in support of the application, be dialled into the meeting to make their representations.
Councillors Jon Owen, Chris Rowley and Pat Bell as well as Tim Moss, speaking on behalf of the applicants addressed the Planning Committee in favour of the application
The Principal Planning Officer responded to concerns raised during public participation.
The Principal Planning Officer responded to questions raised by Members.
A motion to approve the application with the removal of Condition 5 was proposed and seconded and a vote was taken on the motion, during which all Planning Committee Members confirmed that they had, without interruption heard the full presentation and discussion on the item.
Members thanked the Planning Officer for a comprehensive report and gave consideration to the application. Lengthy discussion took place during which Members discussed Condition 5 which had been set out in the report.
The motion was lost.
A motion to approve the application subject to all conditions was proposed and seconded and a vote was taken on the motion, during which all Planning Committee Members confirmed that they had, without interruption heard the full presentation and discussion on the item and it was
RESOLVED: That Planning Application No. SL/2019/1032 be approved, subject to the following conditions, including the conditions recommended by the local highway authority, as reworded in the Committee Update:-
Note - Conditions recommended by the highway authority were to be reworded.
a) adoption by the Planning Committee of the “Shadow Habitat Regulations Assessment, Holme House Farm, Skelsmergh, Report Ref. ... view the full minutes text for item P/93
To consider an application for change of use from residential dwelling (Use Class C3) to a mixed use of residential dwelling (Use Class C3) and holiday let (Sui Generis) and the formation of hard standing for car parking (part retrospective).
The Specialist (Development Management) presented the report. He summarised the proposal which sought full planning permission for the change of use from dwelling (Use Class C3) to mixed use dwelling and holiday let (Sui Generis). The application also involved the construction of a car park and access track to the existing access onto Sunny Bank Road. He stated that the proposal did not require any internal or external alterations or division of the existing Cark Manor.
He then turned to the objections raised by the public against the proposal. The material matters raised were (1) the loss of privacy due to the intensification of use of the premises, (2) noise generated from the proposed car park and intensification of use of the premises, (3) loss of light from proposed planting, (4) light pollution, and (5) highway safety impacts from the intensification of vehicle movements. The Specialist stated that at most Cark Manor, under this proposal, could be let to 20 different individuals potentially travelling in 20 different cars.
The Specialist (Development Management) recommended the Committee to approve the application subject to the Conditions 1-10. He stated that the amenity impact of the proposal was limited through the recommended conditions and that the proposal would provide a benefit to the local economy.
Ms Rachel Leather addressed the Committee in favour of the application, speaking on behalf of the applicants. She stated that other locations for the construction of the car park had been investigated and it was concluded that these locations would have had a far greater impact on the environment, listed buildings, and so forth. She said that the property was shielded from the car park by a stone wall. Ms Leather clarified that the applicants’ business model stated that Cark Manor was going to be let only to groups, it was not going to be let by room. She further stated that there was a possibility that guests were to be chauffeured to the manor in order to minimise car movement and traffic. She concluded her representation by stating that this development would support the local economy, especially in the face of a global pandemic.
The Specialist (Development Management) responded to questions raised by Members.
Members discussed the usage of the property, alternative parking solutions and whether the manager and owners would have to ensure that the number of people present at the property was limited to a maximum of 20.
A motion to approve the application was proposed and seconded and a vote was taken on the motion, during which all Planning Committee Members confirmed that they had, without interruption, heard the full presentation and discussion on the item and it was
RESOLVED – That Planning Application No. SL/2020/0364 be approved, subject to the following conditions:
Condition (1) The development hereby permitted shall begin no 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 ... view the full minutes text for item P/94