Agenda and minutes

To authorise the Chairman to sign, as a correct record, the minutes of the meetings of the Committee held on 25 February 2021 and 25 March 2021 (copies attached).

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meetings of the Committee held on 25 February 2021 and 25 March 2021.

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 the following declarations of interest were made:-

(1)  Councillor Giles Archibald declared a non-pecuniary interest with regard to Minute No P/7 (Planning Application No SL/2020/0783).

(2)  Councillor Chris Hogg declared a non-pecuniary interest with regard to Minute No P/7 (Planning Application No SL/2020/0783), stating that he was a member of the Kendal Organ Donor Team board where the current Chairman of the Kendal Ski Club was also a board member. He stated that he wanted this to be known, yet he had no preconceptions regarding Planning Application No SL/2020/0783 and heard it with an open mind.

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 – That it be noted that there are no excluded items on the Agenda.

To note the Terms of Reference for the Planning Committee (copy attached).

RESOLVED – That the Terms of Reference for the Planning Committee be noted.

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.

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. P6 (Planning Application No. SL/2020/0310);

Minute No. P7 (Planning Application No. SL/2020/0783);

Minute No. P8 (Planning Application No. SL/2021/0101); and

Minute No. P9 (Planning Application No. SL/2021/0102).

To consider a proposal for the extension of the existing ski lodge and extension of the existing ski slope at Kendal Ski Club, Canal Head North, Kendal.

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/2020/0310 which sought permission in relation to an extension of the existing ski lodge and an extension of the existing ski slope at Kendal Ski Club, Canal Head North, Kendal. 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 included the proximity of the development to adjacent residential dwellings, the loss of trees during the development phase and hence the lack of screening between the site and the residential area, and the objections received from residents included sound and light pollution.

The Planning Officer highlighted that although 25 trees were to be removed, they were to be replaced following the development with 38 trees and further hedgerows. Hence, although there was to be a time during the course of the development that there was to be no screening around the site, this would only be in the short term due to the re-planting of trees and hedgerows. This action was to also better the ecology of the area instead of destroying it, as some complaints alleged.

The Planning Officer stated that although the original proposed site plan did not show the dwellings around it, when viewed alongside the other submitted original plans, the landscaping plan and subsequent site plan provided, there was sufficient information about the relation of the site to neighbouring dwellings.

The Planning Officer concluded his report by acknowledging the objections he had received from neighbours of the site. Local residents Peter Winter (speaking on the behalf of Kirkbie Green Residents Group), Bob Gibbs and Keith Traill addressed the Committee, on behalf of themselves and other local residents, in opposition to the application. Their primary concern with the application focused on noise and light pollution.

Mr John Lowther, the Founder Chairman of Kendal Ski Club, addressed the Committee in support of the application.

The Planning Officer responded to concerns raised during public participation. He stated that the original planning permission granted in 1984 had no restrictions and that there would be more control over the operation of Kendal Ski Club following this application by adding restrictions on operational hours. Regarding noise and light pollution, the Planning Officer stated that he had been in contact with Public Protection who raised no objection to the application. The Planning Officer highlighted the fact that full noise assessments and lighting assessments would be carried out prior to the commencement of development. He stated that no objections were raised by Public Protection.

The Planning Officer responded to questions raised by Members. He stated that at present there was no lighting scheme, however, this was secured through condition and when such a plan was to be submitted to the Planning Authority, the Authority  ...  view the full minutes text for item P/6

To consider an application for the erection of 88 dwellings and associated works on the land off Brigsteer Road, Kendal.

Note – The Principal 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.

Note – The Committee voted to adjourn for a break at 11.27 a.m. and reconvened at 11.36 a.m. when the same Councillors were present.

Note – A Late Representation from Public Participant Mr Dearlove was circulated to Members and Officers.

The Principal Planning Officer presented Planning Application No. SL/2020/0783 which sought permission for the erection of 88 dwellings and associated works on the land off Brigsteer Road, Kendal. He displayed plans and photographs which outlined the proposal and summarised the application, full details of which were included within his report. The Principal Planning Officer drew Members’ attention to the principal issues which were as follows. The site in question was part of a SLDC land allocation for residential development. In 2014, Planning Application No. SL/2014/1146, Erection of 35 dwellings with associated open space, landscaping and vehicular access, was refused on 25 February 2015 on the grounds of principled objection. On 15 February 2016 this refusal was overturned on appeal and Planning Permission was granted. Further points of significance highlighted by the Principal Planning Officer were that the northern part of the allocation was well-contained, comparably the south side was very open. He stated that during his presentation he was mostly referring to the land use proposals map, and highlighted that the Applicant’s intention was to retain the north-east corner for open space alongside other significant areas of green spaces around the proposal. The Principal Planning Officer covered the planning history of the site. He stated that due to this history, the Planning Committee ought to refrain from revisiting the issues covered in 2014 on this occasion.

The Principal Planning Officer presented the key issues covered in the report, namely: public rights of way, flood risk, affordable housing, road access to the site, the loss of trees and protected trees on the site, open space, landscape impact, archaeology, and comprehensiveness. He recommended to the Committee that the application be approved.

The Principal Planning Officer presented Mr Dearlove’s Late Representation which concerned contamination and flood risk. He stated that it was the developer’s responsibility that the land be safe from contamination, and that it was the Council’s responsibility to hold the applicant accountable. Regarding flood risk, he stated that experts’ opinion was that as far as possible the characteristics of draining on the site should remain unchanged and that this was indeed what was being done in this proposal.

Note – The Committee voted to adjourn the meeting for 5 minutes at 12.17 p.m. to read the submitted Late Representation. The meeting reconvened at 12.21 p.m.

Local residents Gareth Dearlove, Susan Reynolds and John Studholme addressed the Committee, on behalf of themselves and other local residents, in opposition to the application. They expressed many concerns, particularly with regards to land contamination, the change of character to the site which was  ...  view the full minutes text for item P/7

To consider a proposal seeking the variation of condition 19 (Open Hours) attached to planning permission SL/2015/0016.

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.

Note – The Planning Officer presented Planning Application No. SL/2021/0101 and Planning Application No. SL/2021/0102 simultaneously as both related to the same site, Kendal Rugby Union Football Club, Mint Bridge, Shap Road, Kendal.

The Planning Officer presented Planning Application No. SL/2021/0101 and SL/2021/0102. Planning Application No. SL/2021/0101 sought a proposal to vary Condition 19 (Opening Hours) attached to planning permission No. SL/2015/0016.

Planning Application No. SL/2021/0102 sought full planning permission for the change of use from training pitches to training pitches and seasonal camping (01 May to 31 August).

There were late representations submitted by the applicant; a noise management plan had been added to the conditions that applied solely to the camping area. The Planning Officer highlighted that the site would potentially be used for Kendal Mountain Festival. However, it was not within the remit of planning permission to condition that use, the proposal will be limited to the dates within the condition.

Note – Councillor Archibald joined the meeting at 2.19p.m., however not with voting rights.

Vehicles were only allowed to be stationed on the site for loading and unloading. However, the noise management plan stated that campervans would not be able to park their vans in the camping area. At present, and within the conditions, no vehicles, campers or campervans would be allowed, only tent pitches.

The noise management plan, although not an exhaustive list prohibited amplified music, barbeques and pets. Staff would monitor the campsite when it was in operation. The Planning Officer understood this was sufficient to mitigate the noise impact on other residents. The Planning Officer recommended that both applications should be approved subject to conditions.

Mark Kerr, a local resident, addressed the Planning Committee in objection of the application. He highlighted concerns that Sports England had raised in relation to waste management, a lack of firefighting equipment on site, failure to prevent drug use and failure to limit the site to only family campers. Dr.Kerr maintained that false statements had been made to the Council. Namely, that there had not been any complaints made against the site, which Dr.Kerr stated, was inaccurate. Dr.Kerr ended his representation by stating the application should be refused or deferred.

Sophie Crewdson, whom lived adjacent to the site, addressed the Committee in objection to the application. Mrs. Crewdson highlighted camping had already taken place since May of this year and that the noise report did not reflect the reality of the situation. Issues were beyond inacceptable noise impact due to their being no limitation on the site to families; there had regularly been large groups of people camping at the site. She drew Members’ attention to the fact that she felt unsafe over recent weekends, having to make two calls to the Police. She highlighted to Members that there had been no available contact to report the complaints to at the  ...  view the full minutes text for item P/8

To consider a proposal for the change of use of the land to allow seasonal camping at Kendal Rugby Union Football Club, Mint Bridge, Shap Road, Kendal.

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.

Note – The Planning Officer presented Planning Application No. SL/2021/0101 and Planning Application No. SL/2021/0102 simultaneously as both related to the same site, Kendal Rugby Union Football Club, Mint Bridge, Shap Road, Kendal.

Please see minute P/8 above for substantiated representations and questions on planning application No. SL/2021/0102.

A motion to grant the application was proposed and seconded and it was

RESOLVED – That the application be granted, subject to:-

(1)  the Club be managed on a 12-month temporary permission until 31 August 2022;

(2)  the submission of a revised noise management plan to include a contact telephone number, further details on how the campsite will be monitored, and details of the check-in procedure;

(3)  the conditions outlined below:-

Condition (1) The hereby approved camping use shall cease on the 31 August 2022 and the use of the land shall revert back to a training pitch in association with Kendal Rugby Club.

Reason: In the interest of residential amenity in accordance with Policy DM1 of the Development Management Policies Development Plan Document and Para 127 of the National Planning Policy Framework.

Condition (2) The development hereby permitted shall be carried out in accordance with the following approved plans:

·         Location Plan, date received 03/02/2021;

·         Noise Management Plan, date received 17/05/2021.

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

Condition (3) The proposed camping use shall be limited to the 1st May – 31^stAugust unless otherwise agreed in writing by the Local Planning Authority. Outside of these dates the proposed site will continue to be used as a training pitch inassociation with Kendal Rugby Club unless otherwise agreed in writing by the LocalPlanning Authority.

Reason: To protect the existing Outdoor Sports Facility use in accordance with

Policy LA1.11 of the Land Allocations Development Plan Document and Para 92 of the National Planning Policy Framework.

Condition (4) There shall be a maximum number of 20 pitches at any one time on the Site Outline identified within the Location Plan (date received 03/02/2021).

Reason: In the interest of residential amenity and to preserve the landscape in accordance with Policies CS8.2 and CS8.10 of the Core Strategy Development Plan Document, Policies DM1 and DM2 of the Development Management Policies Development Plan Document and Para 127 of the National Planning Policy Framework.

Condition (5) No vehicles or Caravans (as defined in the Caravan Sites and Control of Development Act 1960 and the Caravan Sites Act 1968), shall be stationed on the site at any time.

Reason: To preserve the landscape in accordance with Policies CS8.2 and CS8.10 of the Core Strategy Development Plan Document, Policies DM1 and DM2 of the Development Management Policies Development Plan Document and Chapter 12 of the National Planning Policy Framework.

Condition (6) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development)  ...  view the full minutes text for item P/9

To consider an application to erect a 3m x 3.9m raised timber deck to the rear of the property at No. 15 The Park, Old Hutton, Kendal.

The Planning Officer presented Planning Application No. SL/2021/0025. The application sought permission to erect a 3m x 3.9m raised timber deck to the rear of the property at No. 15 The Park, Old Hutton, Kendal, LA8 0NX. The Planning Officer highlighted to Members the main issues of the proposal, the visual impact and residential amenity of the area.

Members raised no questions in relation to the application.

A motion to grant the planning application was proposed and seconded and it was

Members raised no questions in relation to the application.

A motion to approve the application was proposed and seconded.

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:

‘Proposed Rear Raised Garden Deck’ Drawing Number: 15TP/DECK/001

‘15TP-DECK-001-LOCN’ Plan Reference Number: TQRQM21031161214773

‘15TP-DECK-001-SITE’ Plan Reference Number: TQRQ2103116928064

As received by the Local Planning Authority 01 February 2021

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

Condition (3) The development hereby permitted shall be constructed of the materials details of which are shown on Drawing Number: 15TP/DECK/001. The approved materials shall be retained thereafter, unless otherwise approved in writing by the Local Planning Authority.

Reason: To ensure the development is of a high quality design in accordance with Policy DM2 of the Development Management Policies Development Plan Document and Policy CS8.10 of the South Lakeland Core Strategy.

Condition (4) Prior to the first occupation of the hereby approved development a hedgehog house and bird box shall be erected on site as agreed in an email received by the Local Planning Authority 01/06/2021 from the applicant of the application.

Thereafter, the approved hedgehog house and bird box shall be retained for the lifetime of the development, replaced on a like-for-like basis as necessary.

Reason: To ensure net biodiversity gains in accordance with Policies DM1 & DM4 of the Development Management Policies Development Plan Document and Policies CS1.1 & CS8.4 of the South Lakeland Core Strategy.