Agenda and minutes

Planning Committee - Thursday, 17 December 2020 10.00 a.m.

Contact: Committee Services 

Link: View the live stream of the meeting here

Items
No. Item

P/67

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.

 

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.

P/68

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:

The Legal, Governance and Democracy Specialist made a statement on behalf of Members of the Planning Committee. He advised that there had been a large number of representations received and lobbying in respect of agenda item nos 5 and 6. The Legal, Governance and Democracy Specialist reassured members of the public and the applicants that the members of the Planning Committee had come to the meeting with an open mind and were governed by strong code of conduct and were not predetermined or biased.

 

RESOLVED – That no further declarations of interest were raised.

P/69

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/70

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 have been received in respect of the following items:-

 

Minute No. P/71 (Planning Application No. SL/2018/0898);

 

Minute No. P/72 (Planning Application No. SL/2018/0898);

 

Minute No. P/73 (Planning Application No. SL/2019/0343); and

 

Minute No. P/74 (Planning Application No. SL/2019/0758).

 

The Chairman advised that the participants would be dialled into the meeting to make their address at the appropriate time.

P/71

Planning Application No. SL/2018/0897 - Phase 1 - Land South of Allithwaite Road, Kents Bank, Grange over Sands pdf icon PDF 764 KB

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

Additional documents:

Minutes:

Erection of 87 dwellings and associated infrastructure (Phase 1) (Lancet Homes)

 

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 presented Planning Application No. SL/2018/0897 which sought permission in relation to Phase 1 of a residential development which comprised of 87 dwellings. He displayed plans and photographs which outlined the proposal and summarised the application, full details of which were included within his report. The Planning Officer drew Members’ attention to the principal issues which were: the principle of the development; the impact upon the character of the settlement and landscape; the impact upon the residential amenity of existing and future residents; ecology; surface water drainage; and highway safety.

 

The Planning Officer informed Members that the site formed part of an allocated site within the Council’s Land Allocations Development Plan Document (LADPD) and the proposal would contribute to the five year housing supply. In addition the site had previously been identified as representing a sustainable location for housing, given its proximity to a range of key services, and stated that the proposal was acceptable in land use and sustainable development terms as the scheme had significant economic, environmental and social benefits. He drew Members’ attention to paragraph 11 of the National Planning Policy Framework (NPPF) which outlined the presumption in favour of sustainable development.

 

The Planning Officer outlined the applicant’s proposal for nine affordable units (10.3%) which would comprise of five for social rent and four for shared ownership. He highlighted that policy CS6.3 required, on all schemes of three or more dwellings in local service centres, not less than 35% of the total number of dwellings proposed to be affordable. However, the policy also stated that exceptionally, a lower requirement for affordable housing would be acceptable where there was clear evidence that it would make the development unviable. He explained that the applicant had submitted a viability assessment which demonstrated that the 35% level was not achievable. Furthermore the applicant had amended the layout of the dwellings and reduced the number of proposed dwellings from 92 to 87 in order to be Policy DM11 compliant.

 

The Planning Officer went on to address a number of areas of concern which had been highlighted in the neighbour responses received and advised Members that the proposal included the retention of a green gap, which would provide a degree of separation between Grange and Allithwaite. The site had been assessed by the Council’s Landscape Officer and Natural England and it had been concluded that the green gap was sufficient and would provide significant bio-diversity gain. United Utilities and the Local Lead Flood Authority had raised no objection to the proposals and had provided final comments and observations in respect of Phase 1 and Phase 2 of the scheme, although it was noted that there was lack of detail regarding the proposals for Phase 3. The Planning Officer advised Members that Shamus  ...  view the full minutes text for item P/71

P/72

Planning Application No. SL/2018/0898 - Phase 2 - Land South of Allithwaite Road, Kents Bank, Grange over Sands pdf icon PDF 838 KB

To consider an application for a mixed use development comprising of extra-care apartments and standalone dwellings (Use Class C3) (up to 90 units) and commercial space (Use Classes E (Shops, Restaurants and Cafes and non-residential institutions) and Sui Generis (Hot Food Takeaways) (up to 495 square metres gross floor space)) – Phase 2.

Additional documents:

Minutes:

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 Cafes and Non-residential institutions) and Sui Generis (Hot food takeaways) (up to 495 sq metres gross floor space) – Phase 2 (Lancet Homes)

 

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 presented Planning Application SL/2018/0898 which sought outline consent, with all matters reserved, in relation to Phase 2 of an overall scheme to develop land south of Allithwaite Road, Grange. He displayed plans and photographs which outlined the proposal. The Planning Officer explained that the application sought permission for up to 90 Extra Care Units (use class C3) which were currently indicated as partially stand-alone bungalows and partly extra-care apartments. The proposal also included a separate retail unit comprising up to 495m² commercial space for use classes E and Sui generis. The Planning Officer advised Members that the final layout would be determined at the reserved matters stage. He highlighted that the layout plan had a slight overlap with the Phase 1 plan, on the western part of the site, which was the location of the proposed commercial units. However, the layout plan for Phase 2 was purely indicative and the precise layout would be determined in the reserved matters application.

 

The Planning Officer highlighted the issues regarding the proposed development. He informed Members that concerns had been raised about the provision of a care unit on the site, when Policy LA3.2 of the Land Allocations DPD had allocated the site for mixed housing and B1 and B2 employment development, and that the proposal would also introduce a range of uses that were not specified in Policy LA3.2. The Planning Officer informed Members that the applicant had provided an account of the marketing activities associated with the site and had confirmed that there had been no reasonable offers in relation to the employment use. The marketing had been carried out over a three year period and had only received one positive line of enquiry from a veterinary practice, which did not fall within B1 or B2 us class, as required by the proposed allocation.

    

The Planning Officer drew Members’ attention to paragraph 3.3.8 of the Council’s Development Brief of the site, which stated that it was considered that the development could be a suitable location for the provision of Extra Care Housing, which could be delivered in association with the site’s affordable housing contribution. However, the Planning Policy Team had raised concerns regarding the provision of a care unit on the site and paragraph 89 of the Planning Framework stated that when assessing applications for retail and leisure development, which were not in accordance with the current plan, an impact assessment could be required. However, as the proposal was below the policy limit of 500m² an impact assessment was not required.  ...  view the full minutes text for item P/72

P/73

Planning Application No. SL/2019/0343 - Allotment Land north of Hare and Hounds Pub, Church Road, Levens pdf icon PDF 468 KB

To consider an application for the erection of three dwellings.

Additional documents:

Minutes:

Erection of three dwellings (Mr Martin Curry (Clerk to Levens Parish 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 presented planning application No. SL/2019/0343 which sought approval for: access; appearance; landscaping; layout; and scale, for three dwellings which were those matters reserved in the extant outline planning permission for the site, granted under planning application SL/2015/0260. He displayed plans and photographs which outlined the proposals and explained that the development of the site was one of a number of schemes considered as part of the wider Levens Community Project. It had been decided to bring the reserved matters application to the Planning Committee, for determination, because it raised some challenging issues, particularly in respect of the relationship with existing neighbours.

 

The Planning Officer drew Members’ attention to the topography of the land and the relationship of the properties to the existing properties known as Causeway End. He   highlighted that all three properties would be prominent, when viewed from lower levels, and explained that the finished floor levels had been lowered since the application was first submitted, in order to limit the impact on adjoining properties. However, consequently, the driveway gradients would not be fully compliant with policy DM11 (Accessible and Adaptable Homes), although he explained that policy DM11 did recognise that full compliance may not always be practically achievable due to physical characteristics of a site.

 

The Planning Officer concluded his presentation by drawing Members’ attention to an additional condition included within the Late Representations, which had been circulated prior to the meeting, and highlighted that it was inevitable, given the constrained size of the site and the dramatic change in levels, that the living conditions of those properties in the immediate vicinity would be impacted by the development.

 

Note – at this point in the proceedings the Chairman requested that the public participant, speaking in support of the application, be dialled into the meeting.

Martin Curry, Clerk to Levens Parish Council addressed the Planning Committee in support of the application.

 

Members thanked the Planning Officer for the well written report, photographs and illustrative plans and gave consideration to the application. Members agreed that the site was challenging and one Member raised concerns regarding the disposal of allotment land for housing.

 

A motion to approve the application was proposed and seconded and a vote was taken on the motion, during which all Planning Committee Members confirmed that they had, without interruption heard the full presentation and discussion on the item and it was

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

1.         The development hereby permitted shall be carried out in accordance with the following approved plans:

           Proposed Site Plan, P208 Revision A

           Floor Plans Elevations, P209 Revision A

           House 3 and Street Elevations, P210 Revision A

 

REASON: For the avoidance of doubt and in the interests of proper planning.  ...  view the full minutes text for item P/73

P/74

Planning Application No. SL/2019/0758 - Age Concern UK, Lindale Road, Grange over Sands pdf icon PDF 928 KB

To consider an application for the demolition of existing buildings and erection of a convenience store, petrol filling station, including underground fuel storage tanks, works to the existing culvert and associated access, car parking and landscaping.

Additional documents:

Minutes:

Demolition of existing buildings and erection of convenience store, petrol filling station including underground fuel storage tanks, works to the existing culvert and associated access, car parking and landscaping (James Hall & Company)

 

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 presented Planning Application No. SL/2019/0758 which sought permission for the demolition of existing buildings and the erection of a convenience store, a petrol station and canopy with six pumps, underground fuel tanks and 19 car parking spaces. He displayed plans and photographs which outlined the proposals and he drew Members’ attention to the partially culverted watercourse which ran along the northern and eastern boundary of the site and to the structures which were to be demolished and which included the existing Age Concern building. The Planning Officer informed Members that the site was within the Development Boundary for the town and was also within the Town Centre Boundary as identified in the Land Allocations Development Plan Document (LADPD). He went on to outline the planning history which included an application for the erection of a large convenience store on the junction.

 

The Planning Officer further outlined the proposals and displayed the detailed site layout for the convenience store; the petrol station and car park; the dedicated vehicular entrance and exit; and the delivery area. He displayed further slides which outlined the elevation of the proposals and informed Members that there would be a number of solar panels installed on the flat roof and the petrol station canopy would be finished with natural slate. The Planning Officer stated that the canopy would be prominent and incongruous. However, the applicant’s Heritage Assessment had concluded an overall neutral impact on the significance of heritage assets, due to the mix of buildings of different quality in the area. 

 

The Planning Officer stated that the flood risk was the most significant issue for consideration and informed Members that the site was located within Flood Zone 3, which was the highest risk for sea or river flooding. He displayed two photographs, which had been provided by neighbours, and which showed evidence of a significant flooding event in 2015. The Planning Officer went on to state that the proposed development would not make the risk of flooding any worse and went on to provide further details of the watercourse and the existing subterranean floodwater storage tank under the parking area at the northern end of the site, into which surface water from the car park above also currently drained. He explained that the proposal included a modification to the existing subterranean floodwater storage tank, which would provide it with a capacity of 372cu.m, and the addition of an attenuation tank under the retail unit which would provide capacity for surface water, which would then drain through a hydrobrake to the adjoining watercourse. Furthermore the installation by the applicant, on the recommendation of the Local Lead  ...  view the full minutes text for item P/74

P/75

A Report on Monthly Enforcement Activity pdf icon PDF 106 KB

To consider an update on planning enforcement activity between 1 July 2020 and 31 October 2020.

Minutes:

The Planning Enforcement Officer introduced the Monthly Enforcement Report which outlined the enforcement activity and fees generated from 1 July 2020 to 31 September 2020.

 

The Enforcement Officer responded to questions raised by Members and undertook to provide a response outside of the meeting regarding Reference No 19102 Haverflatts Lane, Milnthorpe. Members thanked the Enforcement Officer for his continued hard work in difficult circumstances.

 

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