Agenda and draft minutes

Additional Planning Committee, Planning Committee - Wednesday, 30 November 2022 11.00 a.m., NEW

Venue: District Council Chamber, South Lakeland House, Kendal

Contact: Committee Services 

No. Item



To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 24 November 2022 (to follow).


Minutes from the Planning Committees held on the 24 November 2022 and 30 November 2022 will be forwarded to the next meeting due to be scheduled for the 15 December 2022.


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 Pete McSweeney declared his non-pecuniary interest as a Cumbria County Council Member due to both Applications coming from Cumbria County Council. He confirmed that he was neither predetermined nor predisposed in consideration of either Items 6 or 7 on the Agenda.


The Chairman declared non-pecuniary interest on behalf of all Members present due to the fact that the land associated with Item 6 is owned by South Lakeland District Council.


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 – There were no Part II Items to be considered in this Agenda.


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 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 an application to speak under the Council’s public participation scheme had been received in respect of the following Agenda Item:-


(1)        Minute No. P/51 (Planning Application No. SL/2022/0858 Land Adjacent to Kendal United Football Club, Castle Drive, Kendal)


Planning Application no. SL/2022/0858 Land adjacent to Kendal United Football Club, Castle Drive, KENDAL pdf icon PDF 632 KB

To consider the creation of a Sports Pitch (Junior Football) on land adjacent to Kendal United Football Club.


Creation of sports pitch (Junior Football) on land adjacent to Kendal United Football Club.


The Team Leader Development Management provided a report on the Application No. SL/2022/0858. A site location map was shown on screen. The Officer explained that the Application is associated with the next Agenda Item 6 Planning Application No. SL/2021/0495 Sandgate School at the Queen Katherine School Site and was intended for compensation of open space lost. The Officer requested Members to consider the Application at Item 7 on its own merits as presented.


The proposal was outlined. The position of the land associated with the Application in relation to the Sandgate School was illustrated using the map.


The Team Leader Development Management advised that the intention was to create a sports pitch for junior football with the pitch being half the size of a normal football pitch. The purpose of the pitch was intended for use of the local community, Kendal United Football Club – Juniors and the Sandgate School.


The Team Leader Development Management advised that the development would appear as a relatively artificial feature within the landscape. The implications for the works impact on the Kendal Castle setting were explained.


The Team Leader Development Management advised that this Application would in effect be a change in use of public open space in favour of alternative sports and recreation provision. The Planning Officer advised that technically this Application would be in conflict with our Local Plan, however Paragraph 99 of the Planning Framework would take precedence and the criterion in this paragraph would be satisfied, which would justify a departure from Land Allocations DPD Policy LA1.10..  The Officer stated that there is no intention to fence the pitch off, a Condition had been recommended as seen within the report to remove permitted development rights so that a fence cannot be erected at a later date, without the need for a future planning application, and to allow public right of way across the pitch when it’s not in use.


The Team Leader Development Management relayed the key issues, the impact on Kendal Castle and its surrounds, parking provision and impact on neighbouring residents, the loss of the open space and the impact of the removal of two trees. The landscaping scheme Condition was referenced as a solution to improve the hedge reinstatement along the edge of the field. The Officer advised Members of supplementary planting plans. The impact on Kendal Castle as a national monument and conservation area was described as minimal and not harmful to the setting. The Officer referenced several objections to the car park provision and access. The biggest impact would be on the nearest residents who have no onsite parking and would need to park on Castle Drive adjacent to the site. The limited capacity of the car park was explained as a key issue – only 23 spaces. The car park is used by the Kendal United Football Club and also visitors to the Castle. The proposal will lead to an  ...  view the full minutes text for item P/51


Planning Application no. SL/2021/0495 Sandgate School at Queen Katherine School site, Appleby Road, KENDAL, LA9 6PJ pdf icon PDF 714 KB

To consider the extension of Sandgate SEN School; comprising of new educational classrooms, multi-purpose hall with pupil facilities, teaching facilities and external works.


Extension of Sandgate SEN School; comprising of new educational classrooms, multi-purpose hall with pupil facilities, teaching facilities and external works.


The Chairman reminded Members that as a result of the decision made in the previous application the Officer recommendation would now change.


The Team Leader Development Management presented Planning Application No. SL/2022/0495. The proposal was outlined.


Although the original recommendation was to approve the Application, the Team Leader Development Management Officer’s recommendation had now changed to refusal due to the loss of open spaces contrary to the Sport England guidance and also in line with Local Planning Policy.


Members sought clarification on what the consequences would be in approving this Application, what would happen next, understanding that it would now not be as straightforward. 


The Team Leader Development Management clarified that if Members were minded to approve the Application contrary to the Officers’ Recommendation then the matter would need to be referred to the Secretary of State. The Officer advised that Sport England was a statutory consultee. This would in effect be going against statutory consultee advice. The Officer advised that if this were the decision taken then it would mean that the decision couldn’t be made today and may have further implications for Cumbria County Council funding. However, the Officer reminded Members that that would not be a material consideration and that the Committee would need to wait for confirmation on the decision taken by the Secretary of State.


Members commented on the extensive playing fields surrounding the Queen Katherine School. Members sought clarification on whether The Queen Katherine School was a consultee, they expressed surprise that they had not had any input. The Team Leader Development Management agreed to check to see if they had made any representation, on whether or not they had accepted or rejected the proposal.


Note: The Chairman addressed a man with his hand raised on the balcony. The Chairman advised that the Committee didn’t take interventions from Members of the Public. The gentleman replied that he was responding with factual data relevant to Members’ questions and that he was the architect representing the Agent on this Application. The Chairman clarified that if it was a matter of fact rather than of opinion then he would permit the man to address the Committee. The man confirmed the affirmative and moved to speak.


Christian Judd - Director of Architects Plus (UK) Limited the Agent for both Applications, introduced himself and spoke in relation to the land and the amount of playing field to be lost. He confirmed that there had been a separate application to the Department for Education in relation to the amount of land that this Application would lose, the DfE have confirmed approval for this Application. The DfE are happy that there is sufficient playing field land on The Queen Katherine School site. The loss of land on this Application had been confirmed as not detrimental to the overall provision of playing field available to the wider site. Mr Judd confirmed to  ...  view the full minutes text for item P/52