Agenda and draft minutes

To authorise the Chairman to sign, as a correct record, the minutes of the meetings of the Committee held on 24 November and 30 November 2022 (to follow).

RESOLVED – That the Chairman be authorised to sign as a correct record the minutes of the meeting held on 24 November 2022 subject to the amendment as set out below:

Councillor Judy Filmore requested that on page 6 there was an amendment to the fact that Councillor Janette Jenkinson spoke in objection, not in support, of an application. Officers in attendance agreed to rectify this.

Note – The Chairman clarified that the minutes had been circulated to Members for the 24th November 2022 but that the minutes of the 30 November 2022 were as yet to be ratified by our Planning Officers and Legal Team, and would follow.

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 were made:-

(1)          Councillor John Holmes declared a non-pecuniary interest by virtue of the fact that he serves as a Director/Trustee of Bendrigg Trust and had been familiar with the proposals for some time. He confirmed he had discussed this before the meeting with our Solicitor and advised the Chairman that he remained open minded and not predetermined to consider the items.

(2)          Councillor Giles Archibald declared a pecuniary interest by virtue of the fact that he had a small holding share in United Utilities, had never voted in a United Utilities Shareholding Meeting and had discussed this before the meeting with our Solicitor and confirmed that he remained open minded and not predetermined to consider the 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.

RESOLVED – There were no excluded items on this part of the agenda.

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 had been received in respect of the following Agenda Items :-

(1)  Minute No. P/57 (Planning Application No. SL/2021/0626 From land south of the A685, Appleby Road, Kendal to land immediately north of the A684 off Kinn Road, Kendal (Docker Section))

(2)  Minute No. P/58 (Planning Application No. SL/2021/0630 From land East of Town House, Old Hutton to land east of Bleabeck Plantation and immediately west of Old Scotch Road, Old Town (Swarther Section))

To consider an application for and use of a replacement section of aqueduct from land south of the A685, Appleby Road, Kendal to land immediately north of the A684 off Kinn Road, Kendal (Docker Section).

An application for and use of a replacement section of aqueduct from land south of the A685, Appleby Road, Kendal to land immediately north of the A684 off Kinn Road, Kendal (Docker Section).

The Principal Planning Officer presented an overview of the whole aqueduct scheme to provide context for both Applications. A variety of drawings, maps and diagrams were shown to illustrate this regionally significant piece of infrastructure and to identify its location within the local landscape. Details of the Haweswater Aqueduct Resilience Programme were provided. The programme is looking to make improvements to the aqueduct at a number of places along its entire 110 kilometre length. There are seven applications in total involving a number of separate local planning authorities (including National Park Authorities where applicable) covering the length of the entire aqueduct.

The Principal Planning Officer provided a simplified explanation of the engineering project.

The Principal Planning Officer then proceeded to illustrate the separate Application No. SL/2021/0626 (Docker Section) with slides to present the proposal, taking the report as having been read by Members in detail. Several technical sections were highlighted such as access, impact on trees, impact on ecology and biodiversity.

Details of the Kinn Road compound works site were fully examined by the Principal Planning Officer using a series of diagrams. Ariel photographs illustrating the existing infrastructure were shown. Photomontages were shown to illustrate how the construction phase would look from various viewpoints. The positioning of Ginn Cottage was highlighted as being situated very close to the compound to the South of the diagram. Diagrams of the shallow open cuts into the land were used to explain the engineering processes connecting to the existing sections of the aqueduct. The modified access point to the site was explained as being a development from existing plans. A separate independent access point has been provided in response to local concerns.  The Principal Planning Officer advised that when the works have been completed then the compounds and all the equipment would be removed. The only remaining evidence of the construction would be a new valve house at either end of the pipeline, diagrams were shown. The landscape was intended to be returned to its relative natural state.

Improvements in safety and visibility for the access points were explained.

Traffic route diagrams were illustrated from the Tebay Road compound, amended in March, due to a 26T weight restriction on the A685 over the River Lune. Different vehicles would be directed to take separate routes due to their weight load restrictions.

Survey drawings were relayed illustrating how the works will impact on the tree specimens on the Tebay Road site. Five category A trees were threatened by the plans. The Principal Planning Officer confirmed that officers would work with the appointed contractor to attempt to save the trees, where possible, depending on how earth works are planned.

Details of the full ecological surveys were presented. The most significant area of ecological interest being located at the Tebay Road site. High and very  ...  view the full minutes text for item P/57

To consider an application for works for and use of replacement section of aqueduct, including earthworks and ancillary infrastructure (Swarther Section).

An application for works for and use of replacement section of aqueduct, including earthworks and ancillary infrastructure (Swarther Section).

The Principal Planning Officer provided a brief overview of the Application and referenced the detailed reports available to Members. Discussion was focused around key areas such as access, ecology, landscaping and biodiversity.

This Application was described as a much longer section of the aqueduct, nearly 6km in length. The location and key attributes were established. The works were spanned between two sites, the Stangana Compound in the south and the Beela Compound to the north. The Principal Planning Officer highlighted to Members that the Stangana compound spans the boundary between two planning authorities South Lakeland District Council and the Yorkshire Dales National Park (YDNP). He confirmed that they had been dealing with parallel planning applications, the Officer relayed that the YDNP had considered their Application last week and voted to approve it subject to a condition to change the working hours. Officers have been working collaboratively with Officers at the YDNP to ensure a consistent approach. The intention is to facilitate planning permissions which ‘dovetail’ and create controls which are consistent and manageable for the site on behalf of both authorities. The Principal Planning Officer requested that Members be mindful of this in their consideration for this Application but reaffirmed that they were not ‘fettered’ by the decision of the YDNP. The intention was for a consistency in approach across the boundaries.

Starting with the Stangana site, drawings and diagrams illustrated the engineering processes planned and the National Park boundary was pointed out. The site visit was referenced earlier in the morning and key aspects of existing infrastructure were highlighted such as the valve house. Detailed diagrams illustrated how the various stages of the scheme fit together. Planned connections to the existing aqueduct, supporting infrastructure, welfare facilities, offices, large crane and car park were pointed out to Members. Computer generated images illustrated how the site compound would look during the construction phase. Significant landscape impact is expected during the proposed construction phase. The Officer relayed that all the temporary works would eventually be removed and the only structure that would remain visible was a new valve house which would be on the YDNP side of the boundary.

The Beela compound reception site north of the M6 was described. The site visit was conceptualised through discussion over maps shown on screen. Ariel site photographs were included. Diagrams illustrating the proposed engineering project and site compound were explained to Members. Computer generated images were presented to explain how the works would appear within the landscape. When returned to the operational phase, all the temporary works would disappear and all that would remain would be a valve house building as illustrated.

The Principal Planning Officer explained that access would be a much more significant issue for this Application because it had been agreed with the Highways authority that the optimum access routes for both the Beela compound and the Stangana compound is north of  ...  view the full minutes text for item P/58