Agenda and minutes

Planning Committee - Thursday, 26 November 2020 10.00 a.m.

Contact: Committee Services 

Link: View the Live Stream of the meeting here

Items
No. Item

P/55

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.

 

The Chairman informed Members that there had been a change to the running order of the agenda and highlighted that Agenda Item 12 (P/60) (Mortgagee in Possession Clauses in Section 106 agreements relating to delivery of Affordable Housing) would now be considered ahead of Agenda Item 5 (P/61) (Planning Application No. SL/2020/0183 – Land at Green Lane/ Vicarage Lane, Allithwaite). The Chairman went on to add that Agenda Item 7 (P/62) (Planning Application No. SL/2018/0897 – Land south of Allithwaite Road, Kents Bank, Grange-over-Sands – Phase 1) and Agenda Item 8 (P/63) (Planning Application No. SL/2018/0898 – Land south of Allithwaite Road, Kents Bank, Grange-over-Sands – Phase 2) had been withdrawn from the Agenda by Officers in conjunction with the Applicant due to representations that had been made by Members of the Public. The Chairman informed Members that the two withdrawn Applications would be considered at the next Planning Committee Meeting due to be held on Thursday, 17 December 2020.

P/56

Minutes pdf icon PDF 359 KB

To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 24 September 2020.

Minutes:

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting of the Committee held on 24 September 2020.

P/57

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 the following declarations of interest were made:-

 

Councillor Phillip Dixon declared a non-pecuniary interest with regard to Minute No. P/60 (Mortgagee in Possession Clauses in Section 106 agreements relating to delivery of Affordable Housing);

 

Councillor John Holmes declared pecuniary interests with regard to Minute No. P/60 (Mortgagee in Possession Clauses in Section 106 agreements relating to delivery of Affordable Housing) and Minute No. P/61 (Planning Application No. SL/2020/0183 – Land at Green Lane/ Vicarage Lane, Allithwaite); and

 

Councillor Susanne Long declared a pecuniary interests with regard to Minute No. P/60 (Mortgagee in Possession Clauses in Section 106 agreements relating to delivery of Affordable Housing) and Minute No. P/61 (Planning Application No. SL/2020/0183- Land at Green Lane/ Vicarage Lane, Allithwaite). Councillor Long declared non-pecuniary interests with regard to Minute No. P/64 (Planning Application No. SL/2020/0654 – Kendal Town Hall, Kendal), Minute No. P/65 (Planning Application No. SL/2020/0655 - Kendal Town Hall, Kendal) and Minute No. P/66 (Planning Application No. SL/2020/0656 - Kendal Town Hall, Kendal).

P/58

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/59

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 no applications to speak under the Council’s public participation scheme have been received.

P/60

Mortgagee in Possession Clauses in Section 106 agreements relating to delivery of Affordable Housing pdf icon PDF 60 KB

To consider a proposed approach to the treatment of requests for Mortgagee in Possession clauses during Section 106 negotiations.

Minutes:

Note – Councillor Phillip Dixon declared a non-pecuniary interest in this item by virtue of the fact that he was a Cabinet Member and had previously considered the report on Mortgagee in Possession Clauses considered by Cabinet on Thursday, 5 November 2020 and he was disconnected for the remainder of the item.

 

Councillor John Holmes declared a disclosable pecuniary interest in this item by virtue of the fact that he was one of South Lakeland District Council’s nominated Directors on the Board of South Lakes Housing. Councillor Holmes sought permission to address the Planning Committee under the dispensation that allowed Members to make a representation under the Public Participation scheme applicable to the Planning Committee, after which he would be disconnected for the remainder of the item.

 

Councillor Susanne Long declared a disclosable pecuniary interest in this item by virtue of the fact that she was one of South Lakeland District Council’s nominated Directors on the Board of South Lakes Housing and she was disconnected for the remainder of the item.

 

Note – At this stage, the Live Stream of the meeting failed and the meeting was adjourned at 10.17 a.m. in order for Officers to set up a new meeting and update the links to the Live Stream on the website and on the Agenda.

 

The meeting reconvened at 10.41 a.m. when a roll call was taken, all Members confirming that they were present, that they were able to see (where practicable) and hear all Members participating in the meeting.

 

Following the reconvening of the meeting, the Legal, Governance and Democracy Lead Specialist (Monitoring Officer) presented a report relating to Mortgagee in Possession (MIP) Clauses. She explained that there had been a number of requests for MIP Clauses in Section 106 agreements relating to the delivery of affordable housing. As a result, work had been underway to find a solution to enable a number of Section 106 Agreements to move forward and ensure that affordable housing was delivered in line with what the Planning Committee has approved and the Council wanted to see developed in the area. She informed Members that the MIP Clauses were technically in conflict with established Local Plan policy. As a result, Cabinet had considered having regard to the policy position, the circumstances in which the Council would support MIP clauses adding that each application and agreement would have to be carefully considered against the identified criteria before negotiations on MIPs were entered into. She highlighted that Cabinet had clearly supported the balancing of local plan policy against the consideration of material planning consideration in considering requests for the MIP Clauses and felt that the Planning Committee should consider these, with Officers presenting the report and weigh in the balance, the requests that come through against established policy positions.

 

The Legal, Governance and Democracy Lead Specialist (Monitoring Officer) went on to explain what a Mortgagee in Possession Clause was. The effect of an MIP Clause, was normally that if the lender took possession of the  ...  view the full minutes text for item P/60

P/61

Planning Application No. SL/2020/0183 - Land at Green Lane/Vicarage Lane, Allithwaite pdf icon PDF 595 KB

To consider a variation of planning obligations.

Additional documents:

Minutes:

Variation of Planning Obligations.

 

Note - Councillor John Holmes declared a disclosable pecuniary interest in this item by virtue of the fact that he was one of South Lakeland District Council’s nominated Directors on the Board of South Lakes Housing and he was disconnected for the remainder of the item.

 

Councillor Susanne Long declared a disclosable pecuniary interest in this item by virtue of the fact that she was one of South Lakeland District Council’s nominated Directors on the Board of South Lakes Housing and she was disconnected for the remainder of the item

 

Note – The Planning Officer’s presentation displayed at the meeting had been circulated to Members and displayed on the Council’s Website on the day before the meeting.

 

The Planning Officer began his presentation by highlighting the site which was located on the north western side of Allithwaite and was an allocated site which had been put through the Local Plan Allocations Development Plan Document. He explained that Planning Permission had been granted in 2019 for the erection of 23 dwellings with accompanying Section 106 Agreement which secured the provision of affordable housing. He advised Members that the development at the site had progressed, following the grant of planning permission in 2019 and had been all but completed. He explained that this application was not to revisit the decision from 2019 but acted as a formal mechanism to adjust or vary the Section 106 Agreement principles, adding that principle of the development including the physical characteristics of the site and the number of affordable units would remain the same.

 

The Planning Officer informed Members that the application sought to add a Mortgagee in Possession (MIP) Clause to the varied Section 106 Agreement and reiterated the explanation of an MIP in and the 5 November Cabinet report that had been circulated prior to the meeting. He added that the approach taken by Cabinet had been for the Planning Committee to consider these applications by the existing scheme of delegated and to allow the process of variation to be carried out speedily, on a case by case basis. He moved on to highlight that the provision of affordable housing was finely balanced and without such a safeguard in place, lenders were unwilling to fund schemes or if they did, it would be on unfavourable terms and in either event, it could jeopardise the scheme from moving ahead. He informed Members that affordable rent qualifying persons issues are part of the normal negotiations of the Section 106 agreement, and highlighted the MIP Clause was the key issue in this instance.

 

In concluding his presentation, the Planning Officer highlighted that inclusion of the MIP Clause would provide a safeguard to lenders that in the event of the Registered Provider failing, there is a clear mechanism by which their liabilities are covered in the event of the disposal of their assets. He added that as previously explain, the suggested use of an MIP Clause with a Cascade mechanism this allows for a  ...  view the full minutes text for item P/61

P/62

Planning Application No. SL/2018/0897 - Land south of Allithwaite Road, Kents Bank, Grange- Over- Sands - Phase 1 pdf icon PDF 306 KB

To consider an application for the erection of 87 dwellings and associated infrastructure (Phase 1).

Minutes:

This item was withdrawn from the Agenda, by Officers in conjunction with the Applicant and will be considered at the next Planning Committee meeting, due to be held on Thursday, 17 December 2020.

P/63

Planning Application No. SL/2018/0898 - Land south of Allithwaite Road, Kents Bank, Grange- Over- Sands - Phase 2 pdf icon PDF 262 KB

To consider an application for a mixed-use development comprising extra care apartments and standalone dwellings (Use Class C3) (up to 90 units), and commercial space (Use Classes E (Shops, Restaurants and cases & Non-residential institutions)) and Sui Generis (Hot food takeaways) (up to 495 sq metres gross floorspace) – Phase 2.

Minutes:

This item was withdrawn from the Agenda, by Officers in conjunction with the Applicant and will be considered at the next Planning Committee meeting, due to be held on Thursday, 17 December 2020.

P/64

Planning Application No. SL/2020/0654 - Kendal Town Hall, Kendal pdf icon PDF 46 KB

To consider an application for Listed Building Consent for the removal and replacement of the rooflight to the Council Chamber.

Additional documents:

Minutes:

An application for Listed Building Consent for the removal and replacement of rooflight to the Council Chamber.

 

Note - Councillor Long declared non-pecuniary interests with regard to this item, by virtue of the fact that she was a Member of Kendal Town Council.

 

Note – The Planning Officer’s presentation displayed at the meeting had been circulated to Members and displayed on the Council’s Website on the day before the meeting.

 

The Planning Officer began her presentation by highlighting that the Application was for Listed Building Consent and was being considered by the Committee because South Lakeland District Council owned the building. She continued by identifying the site, Kendal Town Hall which was a Grade II Listed building located in the Kendal Conservation Area and reminded Members that the application was part of a wider internal refurbishment of the Town Hall which had been approved by the Committee in December 2019.

 

The Planning Officer, referring to the presentation, highlighted the rooflight which the application related to explaining that the application sought to replace the rooflight above the District Council Chamber and the exterior vent. She informed Members that the rooflight is a metal frame with lead flashings, finials and was single glazed. The Planning Officer added that the rooflight was a redundant feature with a mismatch of glazing and that wood rot had led to water ingress as a result of poor repair works in the past and that the Council was keen to replace the rooflight as part of the ongoing refurbishment.

 

The Planning Officer informed Members that the replacement would be like for like in terms of detailing but would remove the external vent and be made of new lightweight aluminium frame and that as a historic feature, the central iron feature vent to the interior of the building, sitting below the external rooflight would be retained. She added that the application had addressed the statutory considerations of the Planning (Listed Buildings and Conservations Areas) Act 1990, as well applying the relevant policies in the Development Plan, the National Planning Policy Framework (paragraph 192) and South Lakeland Core Strategy/Development Management Policies (DPD) (Policies CS8.6a & DM3). Furthermore, the Planning Officer added that consultation provided no objections from Kendal Town Council, the Council’s Conservation Officer, Historic England, The Georgian Group and the Ancient Monuments Society.

 

In concluding her report, the Planning Officer highlighted that the rooflight was not viewable from the Kendal Conservation Area, that the glazing that was to be replaced had not been original and that the external vent had not been particularly attractive and due to water ingress caused by the vent, meant that this application represented a good opportunity to resolve the issue.

 

The Planning Officer responded to questions raised by Members of the Planning Committee. Members raised questions on whether the replacement panes of glass would be double glazed and if not why, the no comment from the Council’s Conservation Officer, whether the original pommels on the rooflight would be replaced with the new rooflight,  ...  view the full minutes text for item P/64

P/65

Planning Application No. SL/2020/0655 - Kendal Town Hall, Kendal pdf icon PDF 46 KB

To consider an application for Listed Building Consent for the replacement of six windows to the Council Chamber and three windows to the Georgian Room which are in a poor state of repair.

Additional documents:

Minutes:

An application for Listed Building Consent for the Replacement of 6 windows to the Council Chamber and 3 windows to the Georgian Room which are in a poor state of repair.

 

Note - Councillor Long declared non-pecuniary interests with regard to this item, by virtue of the fact that she was a Member of Kendal Town Council.

 

Note – The Planning Officer’s presentation displayed at the meeting had been circulated to Members and displayed on the Council’s Website on the day before the meeting.

 

The Planning Officer began her presentation, again highlighting that the Application was for Listed Building Consent and was being considered by the Committee because South Lakeland District Council owned the building. Referring to the presentation, the Planning Officer described the position of the windows 3 of which were in the Georgian Room, in a prominent location overlooking Lowther Street and 6 being in the District Council Chamber on the first and second floor, overlooking the fire escape to the rear of the building adding that the windows were in a poor state of repair with the frames, transoms and mullions and sills being rotten and the glass being single panes.

 

The Planning Officer outlined the proposal, informing Members that the replacement would be like for like in terms of size, style and positioning with the glass matching the existing windows in with single glazed clear glass panes in the Georgian Room and Georgian wired glass panes in the District Council Chamber. She highlighted the only change, was to use hardwood instead of softwood as it provided more durability in terms of being water tight and fire resistance.

 

In concluding her presentation, the Planning Officer informed Members that the application had addressed the statutory considerations of the Planning (Listed Buildings and Conservations Areas) Act 1990, as well as applying the relevant policies in the Development Plan, the National Planning Policy Framework (Paragraph 192) and South Lakeland Core Strategy/Development Management Policies (DPD) (Policies CS8.6 and DM3). She added that the replacement windows in the Georgian Room were visible from the Kendal Conservation area and that as the replacements were like for like, they would have no discernible impact on the area.

 

The Planning Officer responded to questions raised by Members of the Planning Committee. Members raised questions as to whether there was any assurance over the quality of the repair given the poor state the previous repairs had left the building in, the reasons for using single glazing instead of double glazing in the Georgian Room and the fact that double glazing had not been considered especially in the Georgian Room where there are noise issues from Lowther Street. Further questions were raised relating to the ecological and soundproofing impact of using single glazing over double glazing in the Georgian Room, the potential to have less bulky double glazing in the replacement windows, the potential to defer the item given the concern expressed over the double glazing and the timeframe for having the windows replaced and the impact  ...  view the full minutes text for item P/65

P/66

Planning Application No. SL/2020/0656 - Kendal Town Hall, Kendal pdf icon PDF 43 KB

To consider an application for Listed Building Consent for structural reinforcements to the stairway skylight.

Additional documents:

Minutes:

An application for Listed Building Consent for structural reinforcements to stairway skylight.

 

Note - Councillor Long declared non-pecuniary interests with regard to this item, by virtue of the fact that she was a Member of Kendal Town Council.

 

Note – The Planning Officer’s presentation displayed at the meeting had been circulated to Members and displayed on the Council’s Website on the day before the meeting.

 

The Planning Officer began her presentation by highlighting the site location, Kendal Town Hall, which was a Grade II Listed Building and informed Members that the application sought Listed Building Consent to provide structural reinforcements to the stairway Skylight and the head of the stairstring. Referring to the presentation she highlighted the location of the Skylight and stairsting. She added that the excessive weight of the existing Skylight had caused damage to the facia and the ceiling in the form of cracking which needed to be strengthened by inserting structural steel work in the area above the Skylight with works to repair and redecorate the cracking. The Planning Officer added that in addition to the work on the skylight the head of the stairstring had experienced sagging that also needed structural steel work to repair and prevent any further damage.

 

The Planning Officer highlighted the proposal which was to insert structural steel work into the ceiling void above the skylight to support the existing structure and repair the fascia and ceiling adjoining the Skylight and to insert a stair reinforcement plate that offered reinforcement to the junction of the stair string and the landing, she added that the reinforcement plate would be behind the reinstated plaster face once completed.

 

In concluding her presentation, the Planning Officer informed Members that the application had addressed the statutory considerations of the Planning (Listed Buildings and Conservations Areas) Act 1990, as well applying the relevant policies in the Development Plan, the National Planning Policy Framework (paragraph 192) and South Lakeland Core Strategy/Development Management Policies (DPD) (Policies CS8.6a & DM3). The Planning Officer informed Members that the existing stairway skylight contributed towards the character and appearance of the listed building and that proposed works would rectify the structural stress of the skylight, adding that the proposed beams would be concealed from view and preserve the original appearance along with the repair of the damaged facia and ceiling. She informed Members that the proposed stair reinforcement bracket added strength to the head of the stairstring and safeguard its long-term future and that the reinforcement bracket would be concealed from view. The Planning Officer highlighted that the proposed works would have no adverse effect on the character or appearance of the building.

 

The Planning Officer responded to questions raised by Members of the Planning Committee. Members raised questions on how the steel work had been planned to ensure that it didn’t add extra weight and load to the bearings. The planning officer advised that the strengthening works had been designed by a structural engineer appointed by the Council. In the subsequent  ...  view the full minutes text for item P/66