Agenda and minutes

To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 16 June 2022.

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting held on 16 June 2022.

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.

In response to notice of alleged lobbying, the Solicitor supporting the meeting reminded Members of the Planning Committee that it was their responsibility to determine whether they were, or could be consider to have bias or predetermination through their actions and or responses and emphasised the need to keep an open mind during the meeting.

RESOLVED – That it be noted that the following declarations were made:-

(1)        Councillor Pete McSweeney declared a non-pecuniary interest by virtue of the fact that he had been lobbied on the application being considered under Minute No. P/21 (Planning Application No. SL/2021/0175 - Duke of Cumberland Inn, 1 Appleby Road, Kendal, LA9 6ES) but noted that he remained open-minded to consider the item;

(2)        Councillor Susanne Long declared a non-pecuniary interest by virtue of the fact that that she had been lobbied on the application being considered under Minute No. P/21 (Planning Application No. SL/2021/0175 - Duke of Cumberland Inn, 1 Appleby Road, Kendal, LA9 6ES) but noted that she remained open-minded to consider the item;

(3)        Councillor Gill Gardner declared a non-pecuniary interest  by virtue of the fact that she had called in the application being considered under Minute No. P/24 (Planning Application No. SL/2022/0355 – Barn Hey Farm, Flookburgh Road, Allithwaite, Grange-Over-Sands, LA11 7RJ) and confirmed that she would leave the meeting following the officer presentation; and

(4)        Councillor Philip Dixon declared a non-pecuniary interest by virtue of the fact that he was the Ward Member for the application being considered under Minute No. P21 (Planning Application No. SL/2021/0175 - Duke of Cumberland Inn, 1 Appleby Road, Kendal, LA9 6ES) but noted that he remained open-minded to consider the item.

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 were 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 had been received in respect of the following items:-

(1)        Minute No. P/21 (Planning Application No. SL/2021/0175 Duke of Cumberland Inn, 1 Appleby Road, Kendal, LA9 6ES);

(2)        Minute No. P/22 (Planning Application No.SL/2021/1155 Plot 2, Former Allotment Land North of Hare and Hounds Pub, Church Road, Levens, Kendal, LA8 8PP); and

(3)        Minute No. P/23 (Planning Application No.SL/2021/0355 Plot 1, Former Allotment Land North of Hare and Hounds Pub, Church Road, Levens, Kendal, LA8 8PP).

To consider an application for the erection of a convenience store; retention of a public house with a redesigned beer garden; reconfigured car park including retained vehicular access from Shap Road; relocated vehicular access from Appleby Road; introduction of a service layby on Appleby Road and provision of a pedestrian crossing on Appleby Road. (Resubmission of SL/2020/0431).

Erection of convenience store, retention of public house with redesigned beer garden, reconfigured car park including retained vehicular access from Shap Road and relocated vehicular access from Appleby Road, introduction of a service layby on Appleby Road and provision of a pedestrian crossing on Appleby Road (Resubmission of SL/2020/0431).

Note - Councillor Pete McSweeney and Councillor Susanne Long both declared a non-pecuniary interest by virtue of the fact that they had been lobbied on Planning Application No. SL/2021/0175 - Duke of Cumberland Inn, 1 Appleby Road, Kendal, LA9 6ES but noted that they did not feel predetermined on the item; and

-       Councillor Philip Dixon declared a non-pecuniary interest by virtue of the fact that he was the Ward Member for the site of Planning Application No. SL/2021/0175 - Duke of Cumberland Inn, 1 Appleby Road, Kendal, LA9 6ES but noted that he did not feel predetermined on the item.

The Planning Officer presented Planning Application No. SL/2021/0175. The proposal sought approval for a single story convenience store, located close to the northern boundary of the application site. The Planning Officer drew Members’ attention to the Late Item, which had been circulated to Members and published on the Council’s website. He displayed photographs and plans, which outlined the proposal and provided Members with full details of the application, which were included within the report. The Planning Officer noted two ongoing enforcement cases, which related to the beer garden and erection of lampposts and lighting, both of which had been placed on hold, pending the outcome of this application.

Members informed of the 776 representations, 728 of which were objections, 44 were observations, with 4 being in support of the application. Kendal Town Council had opposed the application, with their main concerns being set out in the report.

Members were informed of a meeting between Planning Officers and the Applicant, which had taken place following the publication of the agenda, as a result the Agent had submitted additional and amended information which related to the following, full details of which were set out within the Late Item:-

-       Flood safety, with reference to the submitted site-specific flood-risk assessment, resulting in a retained but amended reason for refusal relating to flood-risk;

-       Impact on highway safety and transport, resulting in the original reason for refusal, relating to highway safety and transport being withdraw;

-       Impact on parking and servicing provision, which resulted in the reason for refusal relating to parking and service provision being withdrawn; and

-       Whether the proposed design is sustainable, resulting in the reason for refusal relating to sustainable design being withdrawn.

The Late Item concluded that the proposed development, despite the amendments, did not accord with the development plan taken as a whole and would not constitute sustainable development. Furthermore, as there had been no substantiated material consideration presented by the Applicant that outweighed this finding, the recommendation remained to refuse the planning permission.

Adam Edwards, a local resident, addressed the committee and spoke in objection  ...  view the full minutes text for item P/21

To consider an application for a revised scheme for the erection of a dwelling.

Note – Prior to the beginning of the Planning Officer’s presentation, Members agreed to take a brief comfort break. The meeting was adjourned at 11.25 a.m. and resumed at 11.30 a.m.

Dwelling and associated site works

The Planning Officer presented Planning Application No. SL/2021/1155. The proposal sought approval for a new two storey-detached dwelling on a self-build basis with parking access taken from Church Street, Levens.

The application had been revised following concerns raised by the Planning Officer regarding the size, design and appearance and highway issues, which had resulted in the application being subject to re-consultation. She set out the history of the site and reminded Members of the site visit, which provided context for the report. She displayed photographs and site plans, including an aerial view of the site. The Planning Officer outlined the proposal and provided Members with full details of the application, which had been included within the report.

Members’ attention was drawn to key policy issues with the application, including the impact on neighbouring occupiers. Policy DM2 included in part that the development ensured acceptable levels of amenity and privacy through adequate separation of existing and proposed properties and buildings; ensuring the development respond appropriately to the sites’ local context, character and distinctiveness. The Planning Officer noted that ground levels of the site rose dramatically and that the revision to the proposals had particularly affected the south and west elevations as well as the proximity to adjacent dwellings, which had caused unacceptable levels of overlooking, loss of privacy and would present an overbearing development in an elevated position.

The Planning Officer reminded Members that this application should be considered on its own merit as a standalone application and noted that subject to conditions, no objections had been received from County Highways and Lead Local Flood Authority (LLFA), Public Protection and United Utilities, full details of which had been set out within the report. Furthermore, no objection had been raised by Levens Parish Council regarding the application. Objections had been received from residents full details of consultations and objections were set out within the Officer’s report.

Roland Kelly, the applicant, addressed the committee and spoke in support of the application.

Tony Hills, the agent for the application addressed the committee and spoke in support of the application.

The Planning Officer responded to questions raised by Members.

Members discussed the nature of the site and commended its use of renewable/”green” technology, but noted how crucial the site visit had been in understanding the context of the proposed developing in this specific location. It was felt that the revision to the proposed dwelling would significantly affect neighbouring properties.

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

RESOLVED – That the application be refused on the following grounds:-

(1)        The proposed development by virtue of its scale, massing and appearance in relation to the site, particularly on the south and west elevations and proximity to  ...  view the full minutes text for item P/22

To consider an application for the erection of a dwelling and associated site works.

Dwelling and associated site works

The Planning Officer presented Planning Application No. SL/2021/1206. The proposal sought approval for a new two storey detached dwelling on a self-build basis with parking and access taken from Church Street, Levens.

The application had previously been granted approval and then revised following design and amenity concerns had been raised. Members’ attention was drawn to site plans and photographs. The Planning Officer explained the full details of the application, which were set out in the report and noted the changes from the initial approval, adding that the revision had only meant minor changes to the overall proposal as highlighted in the report.

Members were reminded of the site’s characteristics including the topography and informed that subject to conditions no objections had been received with regards to County Highways and LLFA, Public Protection and United Utilities. The Planning Officer added that two letters of representation had been received from local residents, full details of which were included in the report.

Stuart Huddleston, the applicant, addressed the Planning Committee and spoke in favour of the application.

Tony Hills, the applicant addressed the Planning Committee and spoke in favour of the application.

The Planning Officer had no comments to make following the public participation.

Members had no questions for the Planning Officer.

A proposal to approve the application was put forward and seconded.

During debate, Members noted that the application had a number of positive aspects including its contribution towards the challenge of climate change, sensitively incorporated in context with the sites’ constraints – being relatively small in plot size and being elevated - adding that it would not negatively impact the surrounding area.

A vote was taken 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 and documents:-

·         Existing Site and Location plan 21035 P 101

·         Proposed Site Plan & Floor Plans 21035 P102 Rev A received 22 April 2022

·         Proposed North and South Elevations 21035 P103 Rev A received 22 April 2022

·         Proposed East and West Elevation 21035 P104 received 22 April 2022

·         Materials to be used in construction received 6 June 2022

·         Plots 1 and 2 visibility splays 21035 P301 received 6 June 2022

·         Surface water drainage design by R G Parkins dated 1 June 2022 received 6 June 2022

·         Phase I Geoenvironmental Site Assessment by E3P ref 16-019-R1-1 received 6 June 2022

Reason: For the avoidance of doubt and in the interests of proper planning and 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  ...  view the full minutes text for item P/23

To consider an application for the erection of 37 dwellings and associated works. (Resubmission of SL/2021/0027)

Erection of 37 dwellings and associated works (Resubmission of SL/2021/0027)

Note - Councillor Gill Gardner declared a non-pecuniary interest  by virtue of the fact that she had called in Planning Application No. SL/2022/0355 – Barn Hey Farm, Flookburgh Road, Allithwaite, Grange-Over-Sands, LA11 7RJ and confirmed that she would leave the meeting following the officer presentation.

The Principal Planning Officer presented Planning Application No. SL/2022/0355. The proposal was for the erection of 37 dwellings, open space and associated community/ highways infrastructure on land at Barn Hey, Allithwaite. He displayed photographs and site plans and provided the full details of the application, which had been included within the report.

Members’ attention was drawn to a complaint letter, which had been submitted by the applicant. The Principal Planning Officer explained the context of the letter and informed the meeting that the applicant had submitted a late revised plan of the site, which was displayed on the screen. He advised members that the revised plan had not been considered by officers as the plan had been submitted two days prior to the meeting. He added that the applicant had requested that Members defer the application in order for the Planning Officers to consider the revised plan.

Following discussion on the item and the letter of complaint from the applicant, a proposal to refuse the application was proposed and seconded and it was

RESOLVED – That the application be refused for the following reasons:

(1)        Approximately 0.33ha of the proposed site is located outside of the Allithwaite Development Boundary and the Barn Hey Housing Allocation. The dwellings located within this section constitute new houses within the open countryside. In accordance with Policies CS1.2 of the South Lakeland Core Strategy and Policy DM14 of the Development Management Policies Development Plan Document, new dwellings within the open countryside must have an essential requirement providing robust evidence for the housing need and be 100% affordable in perpetuity. All of the proposed dwellings in this location are open market and no evidence for their need has been presented. The proposed development is therefore not considered to comply with Policy CS1.2 of the South Lakeland Core Strategy and Policy DM14 of the Development Management Policies Development Plan Document.

(2)        The footpath link providing a direct access from the site to the centre of the village was a key issue for the sites development, the removal of this from this proposal would be contrary to the requirements of the allocation and as such would be contrary to the requirements of Policy LA1.3 of the South Lakeland Local Plan Land Allocations DPD.

(3)        Dwellings within the open countryside are required to be 100% affordable. All of the proposed dwellings outside of the Allithwaite Development Boundary and the Barn Hey Housing Allocation are open market. There are 13 affordable dwellings for the proposed scheme representing a provision of 35% (31% if you include the 4 dwellings of approval SL/2017/0979 adjoining the south of the proposed site by the same landowner). The proposed  ...  view the full minutes text for item P/24