Agenda and minutes

Planning Committee - Thursday, 24 February 2022 10.00 a.m.

Venue: District Council Chamber, South Lakeland House, Kendal. View directions

Contact: Adam Moffatt  Legal, Governance and Democracy Specialist

Items
No. Item

P/43

Minutes pdf icon PDF 352 KB

To authorise the Chairman to sign, as a correct record, the minutes of the meetings of the Committee held on 25 November 2021 and 16 December 2021.

Additional documents:

Minutes:

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting of the Committee held on 25 November 2021 and 16 December 2021.

P/44

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:

 

(1)        Councillors Pete McSweeney (Chairman), Giles Archibald, Malcolm Lamb and Chris Hogg with regards to Minute No. P48 (Planning Application No. SL/2021/0492 land off A595, School Road, Kirkby-in-Furness, LA17 7TL)

P/45

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/46

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:

 

(1)        Minute No. P/47 (Planning Application No. SL/2020/0817 – Bowston Weir, Bowston, Kendal )

(2)        Minute No. P/48 (Planning Application No. SL/2021/0492 – Land off A595, School Road, Kirkby-in-Furness, LA17 7TL)

(3)        Minute No. P/49 (Planning Application No. SL/2021/0887 – Poachers Rest, 67 Jutland Avenue, Ravenstown, Grange-over-Sands, LA11 7LQ)

P/47

Planning Application No. SL/2020/0817 - Bowston Weir, Bowston, Kendal pdf icon PDF 619 KB

To consider an application to remove the existing weir structure and associated fish passes, the installation of a ‘nature-like’ rock ramp downstream of the weir location, with associated scour protection along the toe of the existing wall on the right bank of the river, and the excavation of a ‘proto-channel’ extending 140m upstream of the rock ramp.

Additional documents:

Minutes:

 NOTE - Councillor Archibald asked whether this application could be moved further down the Agenda in consequence of it being of particular interest to the Community and given some Members had not arrived by 10am. The Chairman noted that Members may have been delayed due to traffic but it could not be confirmed that they would be attending at all. The Committee was quorate and so would proceed to start on time. Councillor McSweeney (Chairman) noted that there were nine public participants to speak for this item and so this would proceed first.

 

The Planning Officer presented the report for Planning Application No. SL/2020/0817, also making reference to a tabled Addendum Report which addressed a number of late representations. Location slides were displayed to provide context and to identify the position of the weir. The key features were highlighted. The Planning Officer identified the locations at which Members had viewed the application site at their visit the previous week. Historical context was provided with reference to the paper mill which has long since disappeared. Photographs and diagrams were provided of the weir from various angles to explain water flow, structure and levels. Two existing fish passes were illustrated. An aerial photograph from the applicant was provided. Kent Close and the surrounding properties were identified on screen. Diagrams were used to explain the extent of works proposed.

 

The component parts of the scheme were explained including the removal and arrangement of sediment. Technical reports were discussed and surveys referenced. The reshaping of the river was explained. The downstream installation of the rock ramp, inclusion of eight cascading pools and the intention to create the emulation of a natural river rapid with this artificial form was explained.

 

The officer explained that the rock ramp intended to perform two roles:

(1)        to control sediment movement

(2)        to retain the character of upstream wetland features

 

The existing weir has altered the shape of the river. The speed of the river has resulted in erosion of the river upstream. Rapids slow the speed of water. The Officer displayed a long section illustrating the amount of sediment established upstream to explain the proportion of sediment redistributed. Some of which is intended to be used to prime the rock ramp itself. The ramp is intended to sit proud, to slow erosion, hold back water and stem the flow of the river. Images of the eight connecting pools were displayed.

 

The Officer addressed the issue of flood risk using a graphic representation of modelling undertaken by the applicant’s engineers. The graphic identified the flood risk before and after the implementation of the scheme, based upon a 1 in 100 year flooding event plus an allowance for climate change. The Officer also used the graphic to address points made in third party representations concerning Storm Desmond in 2015.   

 

The Officer presented a series of computer generated images provided by the applicant. Areas of flooding and the likely changes resulting were explained. The Officer referred Members and the Public to  ...  view the full minutes text for item P/47

P/48

Planning Application No. SL/2021/0492 Land off A595, School Road, Kirkby-in-Furness, LA17 7TL pdf icon PDF 630 KB

To consider an application for the creation of a horticultural nursery including steel framed portal buildings, glasshouses and poly tunnels, a temporary residential dwelling, landscaping works, the formation of a revised site access and access track to the nursery buildings (part-retrospective).

Minutes:

NOTE – Councillors Pete McSweeney (Chairman), Giles Archibald, Malcolm Lamb and Chris Hogg declared that they were approached by the Applicant who had sent an email on the 23rd February 2022.

 

This was an attempt to lobby and the Chairman confirmed that he had not read and subsequently deleted this email after first sending to planning and legal specialists.

 

Councillors Malcolm Lamb and Chris Hogg also confirmed that the email had been received, remained unread and was deleted.

 

Cllr Giles Archibald confirmed that he had read the email but remained of an open mind and remained to hear and vote on the application.

 

The Planning Officer provided an overview of the report, description of the site location, the landscape, and buildings currently present. Aerial view point slides, diagrams and slides from a variety of vantage points were displayed. Diagrams for the temporary dwelling and the proposed block plan were illustrated.

 

Policies relevant to this proposal were relayed and how these relate to the function of this specification. The Applicant has not satisfied these. The recommendation was discussed. The Officer relayed to Members that effectively this is a new business. The temporary dwelling assessment has been made for someone to live on site. A temporary condition has been prepared for inclusion if approved by Members. The land scape assessment submitted by the applicant was not supported by officers. Various view points from public vantage points were considered. The landscape visual would be impacted by these new buildings. Viewpoints 1 and 2 were considered. The proposed build would be intrusive to the rural landscape. There would be also be a significant impact on neighbouring residential properties. The proposed acoustic fence and its impact on neighbours would be harmful to their outlook. The acoustic fence would have a significant impact visually.

 

The Officer highlighted that within the Agenda plan there was an error and it affected a small triangle of land. The diagram was incorrect and this was pointed out to Members. The land was not part of the Application site.

 

The Officer relayed that the recommendation would be for refusal of the proposal on the grounds of the three reasons for refusal put forward in the Officers report.

 

The following members of the public addressed the Committee and spoke in objection to the application:-

 

Karen Stringer.

 

Malcolm Groundwell..

 

Ian Winstanley..

 

Anthony Atkinson, the Agent for the Applicant, addressed the Committee and spoke in support of the application:-

 

The Planning Officer responded to concerns raised during public participation.

 

The Planning Officer responded to questions raised by Members.

 

A motion to refuse the application was proposed and seconded and a vote was taken on the application and it was:

 

RESOLVED – That the application be refused on the following grounds:

 

Reason:

1.         The proposal for a horticulture nursery development within the open countryside has provided insufficient evidence to demonstrate that there is an essential need for the development in this location. Nor is it located within or adjacent to an existing farm  ...  view the full minutes text for item P/48

P/49

Planning Application No. SL/2021/0887 - Poachers Rest, 67 Jutland Avenue, Ravenstown, Grange-over-Sands, LA11 7LQ pdf icon PDF 422 KB

To consider an application for the removal of Section 106 (Local Occupancy) clauses that are attached to planning permission SL/2004/0741.

Minutes:

NOTE - The Chairman noted that Trevor Wilson – Chairman of Lower Holker Parish Council – had been registered as a public speaker but had not attended Committee.

 

The Planning Officer provided an overview. The proposal was for the removal of S106 (local occupancy) clauses that are attached to planning permission SL/2004/0741. In consultation with legal services, the proposal was described as a Deed of Variation to the S106 rather than a discharge as the proposal was in effect a removal of the applicable clauses from the S106. A clause requiring the owner of the dwelling to reside there as their main residence for at least six months each year would remain in place.

 

The current application has been referred to Committee as the original application, subject to the S106 agreement, was determined by Members.

 

The original application in 2004 was approved due to the need to accommodate a disabled child locally to their grandparents living next door. The applicant at the time was willing to accept a local occupancy condition.

 

The Officer explained that due to policy change, this property was not harmful to the landscape. The dwelling was of a scale appropriate to the character of the area, it would enhance the vitality of the community, it is well contained within the existing landscape with Winder Lane providing a clear demarcation between the developed area in which the site sits and the wider countryside and services. The proposal therefore complies with the criteria set out in Policy DM13. Therefore, if a planning application was submitted for a dwelling now, the Council would approve such a dwelling with no occupancy restriction. The recommendation is to remove the local occupancy clause and to approve the application.

 

The Planning Officer responded to questions raised by Members.

 

The Planning Officer in particular relayed the local parish objection to the removal of the local occupancy clause as there are few affordable properties available in the local area to rent or buy by local residents. However, this was not an affordable home, but it was accepted that a property with a local occupancy clause may have a lower market value. Members were reminded to consider the application as it appears before them. Clarification of the exact wording of the S106 in respect to surrounding parishes was provided.

 

A particular concern of Members in considering the application was the need for local occupancy in the District.

 

Members agreed that there was a material planning consideration of considering what the impact the removal of the local occupancy clause would have on the local economy, which they considered to be detrimental. Members noted that accepting this proposal could also set a precedent for future applications.

 

A motion to refuse the application was proposed and seconded and a vote was taken on the application and it was:

 

RESOLVED – That the application be refused on the following grounds:

 

Reason – The loss of a local occupancy dwelling would result in a harmful impact on the local economy in  ...  view the full minutes text for item P/49

P/50

Planning Application No. SL/2021/0161 Land at Viver Green, Viver Lane, Hincaster, Milnthorpe, LA7 7NA pdf icon PDF 393 KB

To consider a proposal for the variation of a S106 agreement relating to a reserved matters approval (reference SL/2015/0497) and an outline approval (reference SL/2013/0594).

Minutes:

The Planning Officer presented the proposal, layout plan and photographs were shown illustrating the site. The Planning Officer confirmed that the application was to vary the 2014 S106 agreement and revoke the S106 agreement from 2016 and deed of variation from 2018. One aspect of the application is to remove the obligations relating to affordable housing attached to an outline planning permission for residential development of the site and the other to discharge of the obligations in respect of a subsequent reserved matters application. The proposal was in effect to remove the affordable housing on-site and to provide no off-site financial contribution to affordable housing.

 

The Officer relayed the key issues identified on the viability report and that the inclusion of an affordable housing requirement will ensure the development is unviable and will not go ahead. The previous developer became insolvent. The current infrastructure of the site will need to be removed and re-done. The current unfinished site is causing issues for the current occupiers. The development is deemed unviable due to the affordable requirements. The Officer referred Members to the report.

 

The recommendation was to approve the application.

 

The Planning Officer responded to questions raised by Members and it was established that the viability reports had not yet been considered by Members which were crucial to their understanding of the situation and application. 

 

A motion to defer the application was proposed and seconded and a vote was taken on the application and it was:

 

RESOLVED –

 

The application be deferred to enable Members to review the viability reports.