Agenda and draft minutes

Planning Committee - Thursday, 24 November 2022 10.00 a.m.

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

Contact: Committee Services 

Items
No. Item

P/36

Chairman's Announcement

Minutes:

The Chairman read the health and safety announcement and informed Members that due to the high level of public participation in the meeting, he wished to reorder the agenda items to run in the following order:-

 

·        Planning Application No. SL/2022/0315 Willow Lane Alpacas, Flookburgh, Grange-over-Sands, LA11 7LU

·        Planning Application No. SL/2022/0758 Unit 7-9 Lightburn Trading Estate, Lightburn Road, Ulverston, LA12 5NE

·        Planning Application No. SL/2022/0810 Rear of 10 Murley Moss, Kendal

·        Planning Application No. SL/2022/0885 42 Main Street, Flookburgh, Grange-over-Sands

·        Planning Application No. SL/2022/0083 Stephenson Centre, Ann Street, Kendal

·        Planning Application No. SL/2022/0736 Sillfield Farm, Gatebeck, Kendal

P/37

Minutes pdf icon PDF 229 KB

To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 27 October 2022 (copy attached).

Minutes:

Councillor Giles Archibald proposed an amendment to the minutes to ensure Councillor Archibald’s request for the minutes of the previous meeting to be sent to the relevant Parish Councils to highlight the discussion held by members for Planning Application No. SL/2022/0725 (Lakeland Leisure Park, Moor Lane, Flookburgh, Grange-over-Sands LA11 7LT) as well as the rationale for the decision to approve the application subject to a number of the conditions.

 

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting held on 27 October 2022 subject to the amendment set out above.

 

Note – following the resolution the Legal, Governance and Democracy Specialist noted that this had been included within the minutes. Councillor Archibald later confirmed that he was happy with that section of the minutes under Minute No. P/33 (pg. 46)

P/38

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 Declarations of Interest be noted:-

 

(1)           Councillor Gill Gardner declared a non-pecuniary interest under Minute No. P/41 (Planning Application No. SL/2022/0315 Willow Lane Alpacas, Flookburgh, Grange-over-Sands) by virtue of the fact that she had called-in the application and had registered to speak in objection to the application;

 

(2)           Councillor Gill Gardner declared a non-pecuniary interest under Minute No. P/44 (Planning Application No. SL/2022/0885 42 Main Street, Flookburgh, Grange-over-Sands) by virtue of the fact that she had registered to speak in support of the application;

 

(3)           Councillor Janette Jenkinson declared a non-pecuniary interest under Minute No. P/42 (Planning Application No. SL/2022/0758 Unit 7-9 Lightburn Trading Estate, Lightburn Road, Ulverston, LA12 5NE) by virtue of the fact that she had registered to speak in support of the application; and

 

(4)           All Planning Committee Members declared a non-pecuniary interest for transparency under Minute No. P/43 (Planning Application No. SL/2022/0810 Rear of 10 Murley Moss, Kendal) by virtue of the fact that South Lakeland District Council was the landowner.

P/39

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:

There were no items in this part of the agenda.

P/40

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:

The Chairman highlighted a reoccurring complaint over the years regarding the registration process for public participants and informed the meeting that, following discussion with officers, he had requested that an online form be created for public participants to complete in order to register to speak.

 

Members were informed that a number of public speakers had registered to speak on the items on the agenda, which was why the agenda for the meeting had been reordered as set out at the start of the meeting.

 

RESOLVED – That it be noted that applications to speak under the Council’s public participation scheme had been received in respect of the follow Planning Applications:-

 

·         Minute No. P/41 - Planning Application No. SL/2022/0315 Willow Lane Alpacas, Flookburgh, Grange-over-Sands, LA11 7LU

·         Minute No. P/42 - Planning Application No. SL/2022/0758 Unit 7-9 Lightburn Trading Estate, Lightburn Road, Ulverston, LA12 5NE

·         Minute No. P/44 - Planning Application No. SL/2022/0885 42 Main Street, Flookburgh, Grange-over-Sands, LA11 7LU

·         Minute No. P/45 - Planning Application No. SL/2022/0083 Stephenson Centre, Ann Street, Kendal

·         Minute No. P/46 - Planning Application No. SL/2022/0736 Sillfield Farm, Gatebeck, Kendal

P/41

Planning Application No. SL/2022/0315 Willow Lane Alpacas, Flookburgh, Grange-over-Sands, LA11 7LU pdf icon PDF 434 KB

To consider an application for siting of a temporary agricultural workers dwelling with associated foul system (Retrospective).

Minutes:

Siting of a temporary agricultural workers dwelling with associated foul system (Retrospective)

 

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 support of the application. She confirmed that she would leave the Council Chamber following her address.

 

The Planning Officer presented Planning Application No. SL/2022/0315. The proposal sought retrospective planning consent for the siting of a temporary agricultural workers dwelling, in the form of a static caravan with associated foul system. She drew members’ attention to photographs of the location as well as site plans and elevations and provided full details of the application, which had been included within the report.

 

Members were informed of the main issue of concern, which was that the application site was located within Flood Zone 2 and 3. The Planning Officer noted that at the time of writing the report, she had not received the final comments from the Environment Agency (EA), although they had verbally advised that they would be unlikely to rescind their objection. Since that time the EA had responded and advised that if the Local Authority was minded to approve contrary to their objection, then the proposal should be carried out in strict accordance with the submitted Flood Risk Assessment.

 

The Planning Officer highlighted that as the application was for a permanent dwelling, this represented a greater risk than if it had been for a temporary dwelling or holiday home.

 

David Unsworth, a local resident spoke in support of the application.

 

Trevor Wilson, the Chairman of Lower Holker Parish Council spoke in support of the application.

 

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

 

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

 

Anne Lomas, the Applicant spoke in support of the application.

 

Anthea Jones, the Agent for the Applicant spoke in support of the application.

 

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

 

Members requested clarity on a number of issues, including the definitions of temporary and permanent residential accommodation, the period of time before a follow up to look for a permanent dwelling on the site and the difference between holiday accommodation and residential accommodation.

 

Following further discussion on the item, a motion to approve the application, going against the officer recommendations was proposed and seconded. Members felt that the application would provide agricultural benefit and support the local economy.

 

During debate on the item Members expressed their support for the application, noting that the application was popular with local residents and would provide support for the local economy. The Planning Officer confirmed the conditions following a request from members.

 

The proposer and seconder confirmed they were happy with the conditions.

 

A vote was taken and it  ...  view the full minutes text for item P/41

P/42

Planning Application No. L/2022/0758 Unit 7-9 Lightburn Trading Estate, Lightburn Road, Ulverston, LA12 5NE pdf icon PDF 564 KB

To consider an application for Change of Use of Industrial Units 7-9 Lightburn Industrial Estate to Brewery, Tap bar, Storage, and Distribution.

Minutes:

Change of Use of Industrial Units 7-9 Lightburn Industrial Estate to Brewery, Tap bar, Storage, and Distribution

 

Note – Councillor Janette Jenkinson declared a non-pecuniary interest under Minute No. P/42 (Planning Application No. SL/2022/0758 Unit 7-9 Lightburn Trading Estate, Lightburn Road, Ulverston, LA12 5NE) by virtue of the fact that she had registered to speak in objection to the application.

 

The Planning Officer presented Planning Application No. SL/2022/0758. The proposal sought retrospective full planning permission for the change of use of Unites 7,8 and 9 as a brewery and associated storage and distribution, the provision of a tap bar for retail sales and consumption with associated internal and external seating areas, full details of which were set out in the report. He confirmed that a Licensing Application had already been approved by a Licensing Sub-Committee in May 2022 and that the change of use to a tap bar was the main focus of the objections that had been received.

Photographs of the brewery, tap bar and storage area as well as the access to the site and surrounding area of the industrial site were shown in the meeting.

 

Members’ attention was drawn to the issues of primary concern which were linked to parking and the impact of residential amenity. The Planning Officer referred to 27 representations that had been made and noted concern raised regarding customers leaving the site and walking through the residential area surrounding the industrial site.

 

Victoria Gill, a local resident, addressed the Planning Committee and spoke in objection to the application.

 

Louise Clegg, a local resident, addressed the Planning Committee and spoke in objection to the application.

 

Lee Morris, speaking on behalf of Steven Woodburn, a local resident, addressed the Planning Committee and spoke in objection to the application.

 

Ian Clegg, speaking on behalf of Dr Brian McQuillin, a local resident, addressed the Planning Committee and spoke in objection to the application.

 

Councillor Janette Jenkinson, Ward Member for Ulverston West, addressed the Planning Committee and spoke in objection to the application. Following her address, Councillor Jenkinson was asked to leave the District Council Chamber.

 

The Development Management Team Leader responded to issues raised within the public participation.

 

Members were reminded that all three units had to be considered as part of the application and confirmed that no complaints relating to noise had been received since the Licensing Application was approved in May 2022. During discussion on the item, Members requested clarity on a number of issues, including, the possibility of adding a condition to restrict opening hours, the definition of the use class of “Drinking Establishment” and the opportunities to achieve a biodiversity net gain on the site.

 

Following discussion on the item, a motion to approve the application subject to an amendment to condition 2 to restrict opening hours to between 11 a.m. and 5 p.m. was proposed and seconded.

 

During debate on the item an amendment to the motion, to include a biodiversity net gain survey on the site was proposed and seconded. The  ...  view the full minutes text for item P/42

P/43

Planning Application No. SL/2022/0810 Rear of 10 Murley Moss, Kendal pdf icon PDF 479 KB

To consider an application for Change of Use of public space to garden for 10 Murley Moss.

Minutes:

Change of use of public space to garden for 10 Murley Moss

 

Note - All Planning Committee Members declared a non-pecuniary interest for transparency under Minute No. P/43 (Planning Application No. SL/2022/0810 Rear of 10 Murley Moss, Kendal) by virtue of the fact that South Lakeland District Council was the landowner.

 

The Planning Officer presented Planning Application No. SL/2022/0810. The proposal sought full planning permission for the change of use of a small area of Public Open Space to garden land. Members were informed that the application site was and would continue to be owned by SLDC and would be let out, with the owners of 10 Murley Moss could manage and plant the area. He added that access would be private with members of the local community being granted access.

 

Members’ attention was drawn to a number of photographs and site plans, which illustrated the site, access and right of way. The Planning Officer noted that no objections had been received in respect of the application and that the conditions in the application ensured the retention of the native hedgerow.

 

No questions were received from Members.

 

A motion to approve the application was proposed and seconded and following a vote it was unanimously

 

RESOLVED – That the application 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 the Planning and Compulsory Purchase Act 2004.

 

Condition (2)   The development hereby permitted shall be carried out in accordance with the following approved plans: - Location and site plans (01/09/2022).

 

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

 

Condition (3)   A native tree shall be planted within the new area of garden land during the first planting season following commencement of the development. If the tree is removed, dies, or become severely damaged or diseased within five years of it being planted, it shall be replaced in the next planting season a tree of a similar size and species.

 

Reason: To safeguard and enhance the character of the area, provide biodiversity net gain, and secure high quality landscaping.

 

Condition (4)   The native hedgerow along the northern boundary of the site shall be retained and maintained at a height of at least 1.5 metres. If the hedgerow is removed, dies, or become severely damaged or diseased within five years of this permission, it shall be replanted in the next planting season and grown and maintained to the same height.

 

Reason: To safeguard and enhance the character of the area, provide biodiversity net gain, and secure high quality landscaping.

 

Condition (5)   Prior to installation of a fences or wall along the south-western boundary of the application site, details shall be submitted to and approved by the Local Planning Authority.

 

Reason: To safeguard and enhance the character of the  ...  view the full minutes text for item P/43

P/44

Planning Application No. SL/2022/0885 42 Main Street, Flookburgh, Grange-over-Sands pdf icon PDF 628 KB

To consider an application for Outline Planning Application (with some matters reserved) for the erection of two self-build dwellings and laying of hardstanding for parking and vehicle.

Minutes:

Application for Outline Planning Application (with some matters reserved) for the erection of two self build dwellings and laying of hardstanding for parking and vehicle

 

Note - Councillor Gill Gardner declared a non-pecuniary interest under Minute No. P/44 (Planning Application No. SL/2022/0885 42 Main Street, Flookburgh, Grange-over-Sands) by virtue of the fact that she had registered to speak in support of the application.

 

The Planning Officer Presented Planning Application No. SL/2022/0885, 42 Main Street, Flookburgh, Grange-over-Sands. The proposal sought outline planning permission for the erection of two self-build dwellings and the laying of hardstanding for parking and vehicle turning. He displayed site plans which showed the proposed dwellings set back from the highway, photographs of the location, which outlined the proposal and provided full details of the application which had been included within the report.

 

Members were informed that no objections had been raised with regard to Highways and the Lead Local Flood Authority. The Planning Officer highlighted a number of representations in support of the application from the local community.

 

Members’ attention was drawn to the main issue of concern with the application, which was that the site was located in open countryside and mostly outside of the development boundary. The Planning Officer noted that the application had not shown any exceptional circumstances and that there was no mechanism in place to secure the asserted Self-Build nature of development and or to ensure that the proposed dwellings were not sold following their construction. A Local Occupancy Clause was not a lawful option in this case. The site boundary was displayed to illustrate the main issue of concern.

 

Trevor Wilson, the Chairman of Lower Holker Parish Council spoke in support of the application.

 

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

 

Lee Evans, the applicant, spoke in support of the Planning Committee.

 

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

 

Members requested clarity on a number of key issues, including why local occupancy was not an option and the potential for a biodiversity net gain on this site.

 

In response to a query regarding the proposed dwellings being affordable housing, the Planning Officer and Development Management Team Leader informed Members that the site would have to be 100% affordable housing to be considered as acceptable development outside of the Local Plan development boundary and there was no guarantee that the applicants could live in the dwellings if they were classed as affordable housing.

 

Following a detailed discussion regarding the application, a motion to approve the application, against the officer recommendations was proposed.

 

The Chairman clarified that Members must provide an acceptable reason, which was a material planning consideration.

 

Members debated the proposal and the details of the application. It was felt that the site provided an opportunity to deliver a high level of biodiversity and environmental net gain.

 

During debate on the item, the Solicitor reminded  ...  view the full minutes text for item P/44

P/45

Planning Application No. SL/2022/0083 Stephenson Centre, Ann Street, KENDAL pdf icon PDF 589 KB

To consider an application for a temporary pod to house 1 homeless individual in emergencies.

Minutes:

Note – Following the conclusion of the previous item, members agreed to adjourn the meeting for a lunch break. The meeting was adjourned at 12.58 p.m. and reconvened at 1.30 p.m.

 

Temporary pod to house 1 homeless individual in emergencies

 

The Planning Officer presented Planning Application No. SL/2022/0083. The proposal sought approval for full planning permission for a temporary pod to house a homeless person in emergencies. He displayed photographs of the location, site plans and part of the brochure for the proposed pod which highlighted the specification of the proposals, full details of which were set out in the report.

 

Members’ attention was drawn to the applications withdrawal from the previous meeting’s agenda due to last minute representations from Cumbria Police who had raised significant concerns over increased crime and antisocial behaviour in the area. The Planning Officer noted measures put in place by Manna House, the applicant including CCTV and on call staff.

 

Karen Greene, a Trustee of the applicant, Manna House, spoke in support of the application.

 

Judith Robinson, a Trustee of the applicant, Manna House, spoke in support of the application.

 

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

 

Members raised queries regarding access to the site, the specification of the pod and the application site being located in flood zone 3a and flood zone 2 on a more recent EA Flood Map.

 

Following further discussion on the item, the Chairman invited Judith Robinson to respond to a question from members regarding the circumstances in which the pod would be used. Members were informed that access would be arranged through Manna House and would be for those who found themselves homeless when it was too late to organise emergency accommodation.

 

Members discussed the length of time before a review of the application was undertaken and felt that a one-year review was suitable. A motion to approve the application with a one year review was proposed and seconded and following a vote, it was

 

RESOLVED – That the application be approved.

 

The Planning Officer read out a suggested listed of conditions including the temporary time limit and others relating to an operator scheme, flood risk details and limiting occupation. There was a suggestion of agreeing other conditions to prevent undermining the statutory homeless process.

 

Councillor Janette Jenkinson expressed concerns that a condition restricting occupation to those who are statutory homeless may exclude people needing help, for example, ‘rough sleepers’. The Planning Officer agreed to discuss the conditions with the relevant Council department.

 

P/46

Planning Application No. SL/2022/0736 Sillfield Farm, Gatebeck, KENDAL pdf icon PDF 612 KB

To consider an application contrary to the Development Plan in demolition of an agricultural building (barn 3) and the erection of 2 dwellings with associated works (Approved under Class Q CU/2021/0002).

Minutes:

Demolition of agricultural building (barn 3) and the erection of 2 dwellings with associated works (Approved under Class Q CU/2021/0002)

 

The Planning Officer presented Planning Application No. SL/2022/0736. The proposal sought full planning permission for the demolition of the application building and the erection of two dwellings with associated works. Members’ attention was drawn to site plans and elevations, which illustrated the proposals and were informed of the fall back option of implementing an extant approval at the site as well as full details of the application, which were set out within the report.

 

The Planning Officer noted the incorporation of sustainable design measures and environmental net gain of the proposed development as well as the fallback position outweighed the conflict with the development plan, which was reflected in the officer’s recommendation to grant planning permission subject to conditions.

 

Peter Winter, the agent for the application spoke in support of the application.

 

Following a request from members, the Planning Officer, Development Management Team Leader and Solicitor provided more information on Class Q approval noting that the permitted development rights only applied to buildings that were in agricultural use on 20 March  2013 or a period of at least 10 years had passed before the conversion.

 

Members expressed concern regarding the environmental net gain and biodiversity net gain and noted that there was an opportunity to expand these through a strengthened condition(s).

 

A motion to approve the application was proposed and seconded.

 

Following the proposal to approve the application, an amendment aimed at strengthening the biodiversity net gain on the site was proposed and accepted. The amendment was accepted by the proposer and seconder of the substantive motion.

 

 A vote was taken and it was unanimously

 

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:

 

- Drawing No. 2186-041 “BLOCK PLAN” received 8 August 2022;

- Drawing No. 2186-043 Rev B “As Existing Plans, Sections & Elevations” received 8 August 2022;

- Drawing No. 2186-091 “LOCATION PLAN” received 8 August 2022;

- Drawing No. 2186-093 Rev B “Proposed Site Plan” received 8 August 2022; and

- Drawing No. 2186-094 Rev G “Proposed Plans and Elevations” received 7 November 2022.

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

 

Condition (3)   The dwellings hereby approved shall be constructed to meet the Building Regulations M4(2) standards for accessible and adaptable homes

 

Reason: To ensure that the homes are accessible and adaptable.

 

Condition (4)   a) Prior to any above ground works full details of the materials to be used for the external surfaces of the development hereby approved shall be submitted  ...  view the full minutes text for item P/46