Agenda and minutes

To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 28 October 2021 (copy to follow).

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting held on 28 October 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)  Councillors Rupert Audland, Brian Cooper and Pete McSweeney with regard to Minute No. P/33 (Planning Application No. SL/2019/0230).

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

RESOLVED – That should discussion be necessary, the item 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/33 (Planning Application No. SL/2019/0230); and

(2) Minute No. P/34 (Planning Application No. SL/2021/0739).

To consider the Reserved Matters application for the Outline Planning Application No.SL/2018/0032 for two dwellings (Plots 1 and 2).

Reserved Matters application for two dwellings (Plots 1 and 2).

Note – Councillors Rupert Audland, Brian Cooper and Peter McSweeney (Chairman) declared a non-pecuniary interest in this item by virtue of the fact that Councillor Audland had a personal involvement with this application, and Councillors Cooper and McSweeney had discussed earlier applications with the applicant. Having regard to the presumption of bias and predetermination, all Councillors left the Assembly Room for discussion and voting thereon at 10.06.a.m.

Note - Vice-Chairman Councillor Malcom Lamb took the Chair for the item.

The Planning Officer presented Planning Application No. SL/2019/0230. The proposal sought approval of the reserved matters of outline planning permission to erect two dwellings in accordance with the conditions of approval. The outline planning approval was subject to a Section 106 agreement and this provision would lapse in January 2022. The Planning Officer displayed photographs and plans which outlined the proposal and summarised the application, full details of which were included within the report. In relation to the original block plans, Plot 2 would be an affordable dwelling and Plot 1 would have been Open Market Value with a commuted sum. The commuted sum based on the valuation of the property was calculated at £330,600.00 in 2020. An agreement on the commuted sum in accordance with the Council’s Housing and Strategy Policies had not been possible.

Therefore, the proposal was of two affordable dwellings which would be subject to a Section 106 Agreement containing the following; Plots 1 and 2 to be offered as affordable onward sale. Plot 1 shall become the main residence of the Applicants until the dwelling ceases to be their main residence whereupon the dwelling shall be made available for affordable onward sale as per the Council’s Housing Policy at the time or the Applicant must pay a commuted sum in lieu. Plot 1 shall not be occupied or brought into use until Plot 2 has been completed to an agreed habitable standard so that it can be made available for affordable onward sale in accordance with the Council’s Housing Policy at the time. The reserved matters application was brought before the Committee because the development was approved by the Committee and therefore members were asked to consider whether the proposal met the intended objective of their approval and, because the proposed resolution was contrary to the Housing Strategy Procedure Policies.

Members were made aware of objections raised in relation to the application. Heversham Parish Council strongly supported the Valuation Report by SLDC's property agents and their calculation of the commuted sum. The Parish Council thought the approval was contrary to the Neighbourhood Plan and felt the commuted sum should be used to provide affordable housing within Heversham Parish.

The Planning Officer also highlighted to Members an objection received from a resident. All consultations and objections could be found in full within the Officer’s report at Item No.5 within the Agenda.

The Planning Officer explained that the Officer recommendation was that of a pragmatic approach, if the  ...  view the full minutes text for item P/33

To consider an application for change of use from Class E (Commercial, Business and Service) to Class F1 (Learning and non-residential institutions).

To consider an application for change of use from Class E (Commercial, Business and Service) to Class F1 (Learning and non-residential institutions).

The Planning Officer presented the report for Planning Application No. SL/2021/0739. The proposed development would result in approximately 58,000sqm over the first and second floors of the existing shopping centre being used by Kendal College. The refurbishment and conversion of the space would lead to a secure teaching facility with safeguarding measures in place. The proposed physical alterations would be internal and require no external alterations to the existing building. The proposal would create a new teaching facility for approximately 400 students and 30 staff. The ground floor of the existing shopping centre would remain as retail, as will the southern section of the first floor including the indoor market.

The proposal was within the Kendal town boundary and conservation area and the reason why the application was before the Committee was due to the proposal being a departure from the Local Plan as the facility was not for town centre use.

The Planning Officer asked Members to consider other mitigating factors. The current vacancy rate of the shopping centre was 25%. There was a lack of interest in the site’s present condition therefore officers advised that the proposal would complement the town centre although a departure from Policy. The Officer further highlighted that a higher education institution would lead to students spending money in the centre of Kendal and clarified that the proposal would be a highly sustainable development. The application had received one objection by a Graham Crombie. Mr.Crombie was unable to attend the meeting however the Planning Officer read out Mr.Crombie’s objection email.

Richard Moffat, the Applicant’s Agent, spoke in support of the application.

The Agent responded to questions raised by Members seeking to clarification on matters. The Agent clarified that in relation to public access from the Westmorland Car Parking Area, access would not be prevented. The Applicants had worked in conjunction with the unit and college owners. The College had an overarching interest in protecting both students and staff. Lastly, the Agent also confirmed that the Market Square access would remain in place.

Members appreciated the objection received within the report however expressed that the current Local Plan ought to be adapted and wondered why such an application had not been proposed sooner. Members conferred the possibly of discussing applications similar to this proposal at the next Local Plan review.

The Planning Officer clarified that the next Local Plan would be adopted after Local Government Reorganisation in April 2023. In relation to planning applications, Planning Officers consulted National Policy Framework and the Council’s own Policy however mitigating circumstances would also be considered in each case.

The Chairman suggested to Members that at the end of the meeting the Committee could discuss matters in relation to the Local Plan separately, after all Items on the Agenda had been considered and resolved.

Note – At this point in the proceedings Members’ drew the Chairman’s attention  ...  view the full minutes text for item P/34

To consider an application for alterations to front garden to create a parking area and driveway and installation of an electrical charging point.

Alterations to front garden to create a parking area and driveway and installation of an electrical charging point

The Planning Officer presented Planning Application No. SL/2021/0625. He confirmed again that the Applicant had been registered to speak but was unable to attend. The Applicant was content for the application to proceed. The application sought permission for the construction of alterations to front garden to create a parking area and driveway and installation of an electrical charging point. The key issues in consideration of this application were highways safety and the impact on the conservation area. The application was reported to the Planning Committee as the applicant was a member of staff. This was in accordance with the Council’s Constitution and the Scheme of Delegation.

The Planning Officer displayed photographs of the front elevation of the property and from a vehicle level and drew Members’ attention to the dropped curve that was mentioned during the site visit. The lack of visibility left and right for any effective distance, together with the lack of on-site turning, meant that the proposal would result in vehicles entering the road without being able to see oncoming traffic, and therefore had a high potential to result in accidents having an unacceptable impact on highways safety.

There had been no scheme for biodiversity net gain provided for the site.  Policy DM4 of the Development Management DPD and para 131 of the NPPF required that new developments should protect and enhance existing trees unless there were clear reasons why their removal would aid delivery of a better development overall, and that biodiversity of sites are retained and enhanced. There was an existing hedgerow that fell on the boundary between 4 and 3 Berriedale Terrace. From the site visit it could be seen that the hedgerow had been significantly cut back however it was undetermined if it would have triggered a requirement for formal notification of works in a conservation area. Therefore the Council’s Tree Officer would provide an update on this matter.

The Highways Authority originally did not object to the proposal in August however in October 2021 provided a letter of objection. The Planning Officer read out the Highway Authority Officer’s response.The Local Highway Authority considered that clear visibility of 60 metres could not be achieved along the public highway in both directions from a point of 2.4 metres from the carriageway edge measured down the centre line of the access and consequently the proposed development would be likely to create conditions prejudicial to highway safety. The proposed development warranted Officer recommendation for refusal.

Although the Applicant could not attend the Planning officer did read out an email she had sent responding to the officers report in objection of the Officer recommendation.

The Planning Officer responded to questions raised by Members.

The Chairman reiterated that the site visit provided a real appreciation for the speed and volume of traffic in the area. The Planning Officer mentioned to Members the difficult pressure of parking on-street.  ...  view the full minutes text for item P/35

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 for August to October 2021.

Note - Councillors Michael Cornah and Philip Dixon left the meeting at 11.35.a.m.

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

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