Agenda and minutes

Planning Committee - Thursday, 25 March 2021 10.00 a.m.

Contact: Committee Services 

Link: View the live stream of the meeting here

Items
No. Item

P/95

Chairman's Announcement

Minutes:

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 in the process for their work on the project.

 

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.

P/96

Minutes pdf icon PDF 444 KB

To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 28 January 2021.

Minutes:

RESOLVED – That the Chairman be authorised to sign, as a correct record, the updated minutes of the meeting of the Committee held on 25 February 2021.

P/97

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 the following declaration of interest be noted:-

 

(1) Councillor Gardner declared an interest in agenda item 10 Planning Application no. SL/2020/0337 Fairfield Lodge, Priest Lane, Cartmel; and

 

(2) Councillor Dixon declared an interest in agenda item 11 Planning application no. SL/2020/0103 Grange Promenade, Grange-over-Sands, LA11 7DH.

 

Members of the Planning Committee having reserved their positions for the determination of the Planning application at the Council meeting were advised they could take part and determine the application. With the exception of Councillor Dixon all took part in the item.

P/98

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/99

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:-

 

Minute No. P/16 Planning Application No. SL/2019/0841 – The Courthouse, Burneside Road, Kendal, LA9 4NF

 

Minute No. P/17 Planning Application No. SL/2020/0337 – Fairfield Lodge, Priest Lane, Cartmel

P/100

Verbal Update on Section 106 Agreements

To receive a verbal update on Section 106 Agreements.

Minutes:

RESOLVED - The Legal, Governance and Democracy Specialist (Monitoring Officer) stated that in the two years that she had held the role, 24 of a total of 35 Section 106 Agreements had been completed. She further explained that there were 14 currently undergoing the process, of which 3 probably will have been completed by the 30 March 2021. Immense progress had been made. She stated that the aim was to ensure completion as soon as possible so developers were able to implement the agreements made by Councillors.

P/101

Planning Application no. SL/2020/0830 - The Pastures Templand Lane Allithwaite, Grange-over-Sands pdf icon PDF 528 KB

To consider a proposal for the variation of Condition 1 (opening season) attached to planning permission SL/2005/0771 (Extension to caravan park's open season -1 March - 14 January (relaxation of condition 2 on SL/2003/1624).

Minutes:

RESOLVED – Planning Application No. SL2020/0830 – The Pastures Templand Lane Allithwaite, Grange-over-Sands was withdrawn prior to the hearing.

P/102

Planning Application no. SL/2021/0052 - The Pastures Templand Lane Allithwaite, Grange-over-Sands pdf icon PDF 876 KB

To consider an application for the siting of two holiday lodges on the southern part of The Pastures. Previously planning permission has been granted for three lodges, two of which have been implemented and in place of the third approved lodge the proposal is to erect two lodges in lieu of the one.

Additional documents:

Minutes:

The Principal Specialist presented Planning Application No. SL/2021/0052 which sought approval for the siting of two holiday lodges on the southern part of The Pastures, where previous planning permission had already been granted for three lodges, two of which had been implemented. The proposal sought to erect two lodges in lieu of the one. Referring to the site plans and photographs, he illustrated the features of the site, pointing out that the proposed lodges would reflect the existing ones stylistically and assure a degree of homogeneity. The Officers recommended approval of the application subject to the conditions attached, with the added recommendation that approval also be subject to a change of condition 6.

Members thanked the Principal Specialist for presenting the report and gave consideration to the application. Members specifically raised questions as to why work had begun on the site prior to the approval of the planning permission. The Principal Specialist agreed that this was frustrating, but stated that unfortunately it was not an offence and hence could not cloud judgment when making a decision on the approval of the application.

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 the application be approved, subject to the following conditions: –

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: Site Location Plan - Drawing No. Plan 01 received 27th January 2021, Proposed site plan Drawing No Plan 03 received 27th January 2021, Extra boundary hedge planting at Meadows End specification dated 12th January 2021, Plan and elevations 2008069-0 received 22nd January 2021, Metrotile slate-charcoal grey roof specification received 22nd January 2021, Facing material boarding wall specification received 22nd January 2021 and Bird Box design received 22nd January 2021.

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

Condition (3) The lodges shall not be occupied other than as holiday accommodation. They shall not be used at any time as sole and principal residences by any occupants.

Reason: To safeguard the local tourist economy in accordance with Policy DM18 of the Councils Development Management Policies.

Condition (4) The owner/operator of the site known as 'The Pastures' as outlined on the Site Location Plan shall maintain an up-to-date register of the names of all of the individual caravan owners and occupiers and their main home addresses, and shall make the following information available to the Local Planning Authority upon request: - copies of the register; - a copy of the licence between  ...  view the full minutes text for item P/102

P/103

Planning application no. SL/2019/0841 - The Courthouse, Burneside Road, Kendal, LA9 4NF pdf icon PDF 850 KB

To consider an application for the demolition of existing building and redevelopment to form 64 retirement living apartments for older people (sixty years of age and/or partner over fifty five years of age), guest apartment, communal facilities, access, car parking and landscaping.

Additional documents:

Minutes:

The Principal Planning Officer presented Planning Application No. SL/2019/0841 which sought to demolish the existing building and redevelop the site with 64 retirement living apartments for older people (sixty years of age and/or partner over fifty years of age), guest apartment, communal facilities, access, car parking and landscaping. Referring to site plans and photographs, the Principal Planning Officer illustrated the applicant’s proposal and its relationship to the surrounding neighbourhood properties. He stated that although there were considerable constraints and points of contention, given the proposed building’s size, the site benefited from the fact that it was surrounded by dense planting on the North West side.

Note – The Live Stream ended unexpectedly at 10.30. The hearing was adjourned until 10.45. The Live Stream re-commenced at 10.46. The Chairman repeated the introduction to the meeting and a roll call was held. All Members confirmed that they were able to hear and see the proceedings clearly.

The Principal Planning Officer continued where he left off and turned to the issue of flood risk. Referring to site plans and photographs, the Principal Planning Officer outlined the potential flood risk. He highlighted that the proposed site pitched the ground floor of habitable accommodation at a level of 47.90m AOD, marked by the top of a substructure that underpinned the whole building. This level was to ensure that the habitable accommodation was safe from flooding. The Principal Planning Officer turned to the character of the proposed site, stating that the existing Magistrates Court was a quite unobstrusive structure, and that the site and surrounding gateway location of Burneside Road could benefit from a more assertive building. The Principal Planning considered the landscaping aspects of the proposal. He highlighted that the strong belt of existing planting was to remain unchanged for the most part. The Principal Planning Officer stated that surrounding propoerties had comfortable relationships with the proposal. He noted that the relationships between the residential buildings on Dockray Road and the site are much narrower, however, after having undertaken additional daylight assessments, the site passed the BRE test and with the combination of the belt of dense planting, the relationship between the buildings on Dockray Road and the site had been deemed as acceptable by Officers. The Principal Planning Officer acknowledged that one of the greatest public contentions regarding the proposal was the issue of parking. He noted that there was already a great deal of pressure on Dockray Road in particular and he fully accepted the comments made by the public regarding possible congestion issues. He also made reference to the National Cycle Network and Public Rights of Way.

The Principal Planning Officer recommended the application for approval, subject to:

a)  adoption by the Planning Committee of the “Habitat Regulations Assessment Report, Tyler Grange, Report Number: 12519_R02a_GP_LP, 27 September 2019” to meet the Council’s responsibilities as a competent authority in accordance with The Conservation of Habitats and Species Regulations 2017 (as amended by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019);  ...  view the full minutes text for item P/103

P/104

Planning Application no. SL/2020/0337 - Fairfield Lodge, Priest Lane, Cartmel pdf icon PDF 595 KB

To consider an application for the demolition of parts of the building and replacement extensions. New private driveway leading to parking area and new double garage and carport.

Additional documents:

Minutes:

Note – Councillor Gardner was disconnected from the proceedings for this Item of the Agenda.

The Specialist (Development Management) presented Planning Application No. SL/2020/0337 which sought full planning permission for the demolition of parts of the building and replacement extensions, as well as a new driveway leading to the parking area, a new double garage and carport. The Specialist highlighted the fact that the proposal had the possibility of impacting on nationally important archaeological remains, however, he emphasised that assessment from Historic England had shown that this impact was going to be very limited and therefore had made no objection to the grant of planning permission. The Specialist turned to concerns raised by the Conservation Officer who had expressed that the scheme had failed to demonstrate that it had successfully minimised or avoided any adverse impact on the setting of the heritage asset or that it would preserve or enhance the special character and appearance of the Cartmel Conservation Area. He was concerned that the new proposals, specifically the tarmacked area, would ultimately distract from as opposed to positively enhance the heritage grounds.

Referring to site plans and photographs, the Specialist (Development Management) further stated that concerns had been raised regarding the complexity of the roof line, which could pull focus from the original coach house as well as Fairfield House.

The Specialist (Development Management) concluded his presentation by summarising the pros and cons of Planning Application No. SL/2020/0337. The positive aspects mentioned were that (1) the restoration of the existing coach house had encouraged a return to its more original form, (2) it was a high-quality proposal and a high-standard design, and (3) the modernisation of the building was going to improve insulation and energy efficiency. The drawbacks were (1) the impact that the dormers and roof light had on the conservation area and the listed building, and (2) the potentiality that Fairfield Lodge would become the focus of the area in question as opposed to Fairfield House.

The Specialist (Development Management) recommended the application for approval subject to the conditions laid out in the report.

David Coward, representing the applicant, addressed the Planning Committee in favour of the application. He focused on the design aspects of the application, stating that there was a conscious decision of similarity to the original build to cause the least disturbance possible to the conservation area. Further, the new building had been pushed back so that the ridge aligned with the coach house in order to make the inside space more useable and less cramped. He stated that the painted glazing was going to be set in line with the slated roof, and that the new driveway and double garage would allow for Fairfield House and Fairfield Lodge to maintain their own respective identities. A new section of metal fencing was to be built to match the existing fencing. He stated that the new garage was carefully set out to have the least possible impact on views of the surrounding area. He concluded  ...  view the full minutes text for item P/104

P/105

Planning application no. SL/2020/0103 - Grange Promenade, Grange-over-Sands, LA11 7DH pdf icon PDF 654 KB

To consider an application for essential concrete repairs to be made to the entire length of the sea defence wall. The proposal repairs include resurfacing the promenade with in situ sprayed concrete repairs to the upper edge "bull nose" and sea facing elevation of the sea wall.  (Scheme amended to remove proposed lighting scheme).

Additional documents:

Minutes:

Note – Councillor Gardner was reconnected to the meeting (12.45 pm).

Note – Councillor Dixon was disconnected from the meeting (12.40 pm).

Note - The Chairman held a new roll call. All Members confirmed that they were able to hear and see the proceedings clearly.

The Principal Planning Officer presented Planning Application No. SL/2020/0103 which proposed essential repairs to the entire length of the sea defence wall at Grange Promenade together with a number of landscape interventions. He stated that this was a South Lakeland District Council proposal made regarding South Lakeland District Council property. The promenade was completely contained within the bounds of the conservation area. He detailed that the method of construction included bog mats placed over the estuary, which would be removed once the repairs had been completed. He explained that the proposal included five landscape interventions, in addition to some Totem signage. They were to take the form of free standing stone work, each containing a panel in the centre which was to be filled with a bespoke piece of artwork. The artwork in question would be determined through a competition. The Totem signage would direct people under the underpass though to the car park.

The Principal Planning Officer recommended approval of Planning Application No. SL/2020/0103 subject to:-

a) adoption by the Planning Committee of the following documents as a Habitat Regulations Assessment to meet the Council’s responsibilities as a competent authority in accordance with The Conservation of Habitats and Species Regulations 2017 (as amended by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019):

  • Assessment of Likely Significant Effects (ALSE), Grange-over-Sands Promenade, February 2020, Bowland Ecology;
  • Response to Natural England, BOW017/1004 Grange-Over-Sands Promenade, South Lakeland, 15 April 2020, Bowland Ecology;
  • Ecological Monitoring and Habitat Restoration and Management Plan, BOW017/1004 Grange-Over-Sands Promenade, South Lakeland, 06 May 2020, Bowland Ecology; and
  • Biodiversity and Habitat Management Plan, Grange-over-Sands Promenade, Cumbria, December 2020, Bowland Ecology

b) conditions.

The Principal Planning Officer responded to questions raised by Members. Councillor Long stated that this work was necessary and that the art work was a great enhancement for the experience of visitors to Grange Promenade.

Members thanked the Principal Planning Officer for a well written report and gave consideration to the application. 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 the application be approved, subject to:-

c) adoption by the Planning Committee of the following documents as a Habitat Regulations Assessment to meet the Council’s responsibilities as a competent authority in accordance with The Conservation of Habitats and Species Regulations 2017 (as amended by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019):

  • Assessment of Likely Significant Effects (ALSE), Grange-over-Sands Promenade, February 2020, Bowland Ecology;
  • Response to Natural England, BOW017/1004 Grange-Over-Sands Promenade, South Lakeland, 15 April 2020, Bowland Ecology;
  • Ecological  ...  view the full minutes text for item P/105