Agenda and minutes

To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 29 July 2021.

The Planning Lawyer explained to the Committee that all Members should have received an email the day before the meeting which outlined proposed amendments to the Draft Minutes of the last Planning Committee held on 29 July 2021. The Planning Lawyer drew Members’ attention to the fact that Minutes were not verbatim but they must be an accurate record.

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting held on 29 July 2021 following the below amendments being made:-

(1)  At P/6 paragraph 1, within the final sentence, the world “included” be inserted. The Minutes shall be amended to read:-

‘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.’; and

(2)  At P/6 paragraph 4, within the first sentence, the word “complaints” be replaced with “objections”. The Minutes shall be amended to read:-

‘The Planning Officer concluded his report by acknowledging the objections he had received from neighbours of the site.”

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 no declarations of interest were made.

To consider whether the item in Part II of the Agenda should be considered in the presence of the press and public.

RESOLVED – That, where discussion was necessary, the items in Part II of the Agenda be dealt with following the exclusion of the press and public.

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:-

(1)  Minute No. P/15 (Planning Application No. SL/2020/0908); and

(2)  Minute No. P/16 (Planning Application No. SL/2020/0783 (FPA))

To consider an application for the demolition of the existing sales garage and redevelopment of the site comprising 55 ‘retirement living apartments’.

The Planning Officer presented Planning Application No. SL/2020/0908, which sought full planning permission for a development of 55 retirement living apartments on the site of the Porsche car centre in Kendal. The Planning Officer highlighted to Members that the site was largely contained within Flood Zone 2, the development was within the boundary of the town, and adjoined the Kendal Conservation Area. The Officer displayed plans and photographs within a presentation, which detailed the proposals.

Within the proposed site plan for the new development, on the eastern side there would be three stories and on the northern side of the development, four stories. The site had vehicular access, which connected straight to the A6. Viability assessments had been submitted for the scheme and had been assessed by both the Council and externally.

The Planning Officer explained that recent discussions had taken place with the Applicant whereby 15 of the 55 apartments had been volunteered to have a local occupancy clause restriction. The Officer explained that the Committee could propose this as a Condition. 

Chris Butt, the Applicant’s Agent, addressed the Committee and spoke in support of the application.

The Planning Officer answered questions raised by Members of the Committee. Clarification was sought on the meaning of ‘PAH’ at page 41 of the Report. The Planning Lawyer explained this was an abbreviation of ‘Polycyclic Aromatic Hydrocarbons’. Members discussed the potential affordable housing requirements of the site and highlighted that the applicant had previously made a commuted sum payment on another site where affordable housing could not be provided. Planning Officers explained this would not be viable on this site.

Members were concerned with the highway access to the site and the pedestrian crossing. The Planning Officer explained that no comments had been raised by the Highway Authority in relation to safety. Further, a transport assessment had been made which predicted a lower number of vehicles would access the site than previously when the site operated as a Porsche car centre.

Members sought clarification from the Planning Officers if there was any scope to increase the number of apartments on the site with a local occupancy restriction. The Team Leader of Development Management suggested to Members that the Committee could propose a Condition with a minimum requirement then Planning Officers could negotiate an increase, at present 27% of the site was subjected to the local occupancy restriction.

Members further proposed a condition; this would require the site to have two electric vehicle charging points that could be used by both residents and members of staff.

Members thanked the new Planning Officer for her presentation and report, the Chairman endorsed these comments. 

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

(1)  The installation of two electrical vehicle charging points on the site;

(2)  Local occupancy restrictions being imposed on a minimum number of 15 apartments with Planning Officers to endeavour to negotiate a higher number, with an ideal aim to secure 35% of the apartments to be subjected to the restriction;  ...  view the full minutes text for item P/15

To consider an update to the officer’s report which was approved by the 29 July 2021 Planning Committee for the erection of 88 dwellings and associated works on the land off Brigsteer Road, Kendal.

The Principal Planning Officer presented an update in relation to Planning Application No. SL/2020/0783, which had previously received a resolution of the Planning Committee to grant planning permission for the erection of 88 dwellings and associated works on the land off Brigsteer Road, Kendal. At the meeting of the Planning Committee held on July 29 2021 Members’ considered the merits of the planning application which included a discussion of the fact that since the allocation of the Stainbank Green site for residential development in 2013, the Lake District National Park had been extended in 2015 and designated a World Heritage Site in 2017. These issues were addressed in officers’ responses to questions. However, in light of a question raised which regarded the Lake District National Park Authority’s response to the application and given the significance of these considerations it was decided to summarise the position in a further written update to the Committee.

The Principal Planning Officer displayed slides that demonstrated the changes, and provided the comments of the National Park Authority; this was reported in full in the update within the report. He highlighted to Members that the redefinition of the boundary made no difference to the previous Officer recommendation, Members were asked to note the lack of intervisibility between the site and the National Park boundary. The recommendation provided to the Committee at the last meeting on 29 July 2021 still stood and Members were asked to re-affirm their resolution of the Committee.

The Principal Planning Officer made Members aware of an online petition that was sent to the Chief Executive of the Council the day before the Committee, which contained twelve signatures. The Principal Officer highlighted that none of the points in the petition were points that were not discussed at the last Committee meeting on 29 July 2021 or not covered in the Officers report. Members requested that the Principal Specialist read out the petition for completeness.

Before the Public Participants addressed the Committee, the Chairman reiterated that under the Council’s Constitution any points that had been addressed at the previous Committee could not be raised again as part of the Public Participation.

Mr Graham Dearlove addressed the Committee on behalf of a number of local residents and spoke in objection of the application.

Mr Martin. Nuggent, the Applicant’s Agent, who was due to speak in support of the application, conceded his time. The Agent clarified that the Principal Specialist had already addressed all of his points in the report.

The Principal Planning Officer, in response to Mr.Dearlove’s address, confirmed that a view from the Lake District National Park Authority had been sought and no objections were received. Members’ spoke of a potential Roman Road that may have run through part of the site. However, the Principal Officer clarified to Members this was unconfirmed.

RESOLVED – That Members be asked to reaffirm their resolution from 29 July 2021 P/7 in accordance with:-

(1)   the recommendation in section 7.0 of the original officers’ report (Appendix A);  ...  view the full minutes text for item P/16

To consider an update on performance measures and recent appeals between 1April 2021 and 30 June 2021.

The Planning Performance and Appeals Update was presented by the Development Management Team Leader. He outlined current performance and summarised key figures within the report.

Note - Councillor Dixon left the meeting room at 11.34.a.m.

RESOLVED – That the contents of the report be noted.

Note - Councillor Dixon returned to the meeting room at 11.37.a.m.

RESOLVED – That, under Section 100(A)(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Part 1 of Schedule 12 A of the Act as amended by the Local Government (Access to Information) (Variation) Order 2006 by virtue of the Paragraph indicated.

To consider an update on planning enforcement activity between January and July 2021.

The Planning Development Management Team Leader presented the Monthly Enforcement Activity Report, which outlined the enforcement activity from January 2021 to July 2021.

RESOLVED –That the contents of Appendices 1 and 2 to the report in Part II of the Agenda be noted.