Agenda and draft minutes

Planning Committee - Thursday, 27 October 2022 10.00 a.m.

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

Contact: Committee Services 

Items
No. Item

P/25

Chairman's Announcement

Minutes:

The Chairman read the health and safety announcement and informed Members that the application due to be considered under Agenda Item No. 7 SL/2022/0083 Stephenson Centre, Ann Street, Kendal LA9 6AA had been withdrawn from the agenda for the meeting due to late information submitted by the statutory consultees regarding the application.

P/26

Minutes pdf icon PDF 447 KB

To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 25 August 2022.

Minutes:

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting held on 25 August 2022.

P/27

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 Councillor Gill Gardner declared a non-pecuniary interest by virtue of the fact that she had called in the application and had registered to speak in objection to the application being considered under Minute No. P/30 (Planning Application No. SL/2022/0725 – Lakeland Leisure Park, Moor Lane, Flookburgh, Grange-over-Sands LA11 7LT).

P/28

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 the item in Part II of the Agenda be considered following the exclusion of the press and public.

P/29

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 had been received in respect of the follow Agenda Items:-

 

(1)        Minute No. P/30 (Planning Application No. SL/2022/0725 Lakeland Leisure Park, Moor Lane, Flookburgh, Grange-over-Sands LA11 7LT); and

 

(2)        Minute No. P/31 (Planning Application No. SL/2022/0083 Stephenson Centre, Ann Street, Kendal LA9 6AA).

P/30

Planning Application No. SL/2022/0725 Lakeland Leisure Park, Moor Lane, Flookburgh, Grange-Over-Sands LA11 7LT pdf icon PDF 641 KB

To consider an application for the redevelopment of a touring area to provide new pitches for the siting of static caravans with associated demolition, landscaping, infrastructure, and other works and an overall change to the total caravan pitches allowed at Lakeland Leisure Park to enable up to 1,147 pitches (Major application).

Additional documents:

Minutes:

Redevelopment of touring area to provide new pitches for the siting of static caravans with associated demolition, landscaping, infrastructure, and other works and an overall change to the total caravan pitches allowed at Lakeland Leisure Park to enable up to 1,147 pitches (Major application).

 

Note – Councillor Gill Gardner declared a non-pecuniary interest in this agenda item, by virtue of the fact that she had called this application in and intended to speak in objection to this item. She confirmed that she would leave the Council Chamber following her address.

 

The Planning Officer presented Planning Application No. SL/2022/0725. The proposal sought approval for the redevelopment of the touring area to provide new pitches for the siting of static caravans with associated demolition, landscaping, infrastructure and other works and an overall change to the total caravan pitches allowed at Lakeland Leisure Park enabling up to 1,147 pitches. She displayed photographs and site plans, which outlined the proposal and provided full details of the application, which had been included within the report.

 

Note – Councillor Vicky Hughes arrived at 10.08 a.m.

 

Members’ attention was drawn to the issues of primary concern as set out in the Planning Officers’ presentation, which were:-

 

·        Principle of development;

·        Landscape; and

·        Highway Safety

 

The Planning Officer informed Members that although some hedges would be lost, the wider proposals would result in a biodiversity net gain.

 

Furthermore, Members attention was drawn to an additional condition, proposed by the Planning Officer, regarding the opening hours and occupation of the site as set out below:-

 

Condition (10)   This permission only authorises the occupation of caravans on this site:

 

(a)   Between the period 1 March to 14 November

(b)   At weekends (Friday night to Monday morning) between 14 November and 23 December; and

(c)   During the period 23 December to 7 January

It does not permit any occupation between 7 January and 1 March

 

Reason: To prevent the use of caravans as main or permanent residences and to protect the site environment and to accord with the existing site, in accordance with Policy DM18 of the Local Plan Development Management Policies.

 

Councillor Fiona Hanlon, Ward Member for Grange, spoke in objection to the application. Following her address, Councillor Hanlon was asked to leave the District Council Chamber.

 

Councillor Gill Gardner, Ward Member for Cartmel, spoke in objection to the application. Following her address, Councillor Gardner was asked to leave the District Council Chamber.

 

Phil Marsden, the applicant’s agent spoke in support of the application.

 

The Planning Officer responded to issues raised within the public participation.

 

Members requested clarity on a number of key issues including, foul water drainage, biodiversity loss, flood impact, the positive impact on local jobs (both directly and indirectly) and the advertised economic benefit of over £2 million.

 

The Planning Officer and Development Management Team Leader provided detailed responses to a number of questions raised by Members.

 

Members expressed concern over a query regarding the number of pitches on the site, which remained unclear. The Development Management  ...  view the full minutes text for item P/30

P/31

Planning Application No. SL/2022/0083 Stephenson Centre, Ann Street, Kendal, LA9 6AA pdf icon PDF 595 KB

To consider the erection of a temporary pod to house 1 homeless individual in emergencies.

Minutes:

This application was withdrawn from the agenda prior to the commencement of the meeting.

P/32

Planning Application No. SL/2022/0612 60 Dowkers Lane, Kendal, LA9 4DN pdf icon PDF 518 KB

To consider the removal of the S.106 requirement to comply with local occupancy condition attached to planning permission reference SL/2006/0194.

Minutes:

Removal of S.106 requirement to comply with local occupancy condition attached to planning permission reference SL/2006/0194.

 

Note – Councillor Gill Gardner returned to the meeting following the adjournment of Minute No. P/33 Planning Application No. SL/2022/0725 Lakeland Leisure Park, Moor Lane Flookburgh, Grange-over-Sands, LA11 7LT

 

 

The Planning Officer presented Planning Application No. SL/2022/0612. The proposal sought removal of the Section 106 (S106) requirement to comply with local occupancy condition attached to planning permission reference SL/2006/0194. Members were informed that the proposal was in effect, removing the applicable clauses relating to local occupancy from the S106 and that the seven flats other flats at this location did not have the same restrictions.

 

Members’ attention was drawn to the site and planning history, the Planning Officer highlighted that in accordance with the current policies the application would normally be approved by officers.

 

The Chairman informed Members that this application had been referred to Planning Committee at his request as Members had previously expressed concern regarding second home ownership and the removal of local occupancy clauses.

 

The Planning Officer and Development Management Team Leader provided detailed responses to a number of questions from Members. Members expressed concern regarding the potential for this property to be used as a holiday let, the impact on the vitality of the town centre and the potential for a precedent to be set by approving this application.

 

The Development Management Team Leader reminded Members that each application had to be treated on its own merit. The Solicitor confirmed and added that speculation of the end use of a property was not a material planning consideration.

 

Following further discussion on the item, a motion to refuse the application on the grounds of enhancing the vitality of the town centre was put forward and seconded.

 

During debate on the item, the Committee expressed differing opinions on the proposal, a number of members expressed support for the proposal to refuse, which they felt would protect the town centre. However, a group of Members felt that they could not support the proposal.

 

A vote was taken on the motion to refuse the application and, an equality of votes being received, the Chair used his casting vote. The motion was successful.

 

Following the vote the following Members wished to have their vote against the motion recorded under Rule 15.7 of the Council’s Constitution:-

 

Councillor Brian Cooper

Councillor Michael Cornah;

Councillor John Holmes; and

Councillor Janette Jenkinson.

 

RESOLVED – That the application be refused for the following reason:-

 

The loss of a local occupancy dwelling within Kendal Town Centre would result in a harmful impact on the viability and vitality of the town centre, contrary to Policy DM24 of the South Lakeland Development Management Policies DPD.

P/33

Planning Application No. SL/2022/0725 Lakeland Leisure Park, Moor Lane, Flookburgh, Grange-Over-Sands LA11 7LT

Minutes:

Note – Following the completion of the previous item, Members agreed a short comfort break before continuing the meeting and the meeting was adjourned at 11.30 a.m. The meeting was reconvened at 11.40 a.m.

 

Note – Councillor Gill Gardner left the meeting before the discussion on Minute No. P/33 Planning Application No. SL/2022/0725 Lakeland Leisure Park, Moor Lane Flookburgh, Grange-over-Sands, LA11 7LT resumed

 

Note – Members passed a resolution to adjourn this item to later in the meeting, to provide officers the opportunity to undertake further research to provide clarity on the queries raised by Members under Minute No. PL/30 (Planning Application No. SL/2022/0725 Lakeland Leisure Park, Moor Lane, Flookburgh, Grange-over-Sands, LA11 7LT)

 

The Development Management Team Leader informed Members that the total number of pitches on site had approval for 993 static pitches and 185 touring pitches. As a result of the proposals, there would be an overall reduction to the number of pitches.

 

Following a request from Members, the Development Management Team Leader advised that it was possible to add a cap to the number of pitches within the site boundary through an additional condition.

 

During further debate on the item, Members requested an amendment to Condition 7, which prevented delivery of static caravans between 08:00-10:00 and between 15:00-18:00 on any day to cover the school run periods.

 

Members expressed concern regarding the comments of both Allithwaite and Cartmel and Lower Holker Parish Councils on foul water drainage. Following discussion on their concerns, Members requested an additional Condition requiring further information on the foul water scheme.

 

Following a proposal to approve the application, subject to the additional and amended conditions, the Development Management Team Leader informed Members that conditions 1 to 6 would remain the same, with amendments to Conditions 7 and 8, and the inclusion of conditions 10 to 12 as requested by Members.

 

During debate, Members considered the positives and negatives of the Application and noted that it was a well-run site. Members requested further information on the statement contained within the additional document supplied by the applicant, which referred to local schools using the on-site swimming pool during certain times of the year.

 

Through the Chairman, Councillor Giles Archibald requested further information on this matter from Phil Marsden, the applicant’s agent, who indicated that this was the case.

 

Following a request from Members, the Development Management Team Leader and the Legal, Governance and Democracy Specialist undertook to send the minutes of the meeting to the relevant Parish Councils upon completion to highlight the decision that had been taken by the Committee.

 

A vote was taken and it was

 

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

 

(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.

 

(2)        The development hereby permitted shall be  ...  view the full minutes text for item P/33

P/34

Press and Public

Minutes:

RESOLVED - That, under Section 100(A)(4) of the Local Government Act 1972, the press and public, be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Part 1 of Schedule 12 A of the Act as amended by the Local Government (Access to Information) (Variation) Order 2006 by virtue of the paragraphs indicated.

P/35

A Report on Monthly Enforcement Activity

To consider a confidential update on planning enforcement activity between May 2022 and August 2022 and note its contents.

Minutes:

Note – Councillor Gill Gardner returned to the meeting following the conclusion of Minute No. P/33 Planning Application No. SL/2022/0725 Lakeland Leisure Park, Moor Lane Flookburgh, Grange-over-Sands, LA11 7LT

 

The Planning Development Management Team Leader presented a confidential update on the Monthly Enforcement Activity between May 2022 and August 2022.

 

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