Agenda and draft minutes

To authorise the Chairman to sign, as a correct record, the minutes of the meetings of the Committee held on 30 November 2022 (copy attached) and 15 December 2022 (to follow).

The Chairman informed Members that the minutes of the meeting held on 15 December 2022 had not been completed, and would instead be brought to the 16 March 2023 Planning Committee.

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting held on 30 November 2022.

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 the following declarations of interest be noted:-

(1)   Councillor Giles Archibald declared a pecuniary interest in Minute No. P/66 (SL/2021/1147 – Town and Village Green Area, Kendal Fell, Kendal) due to the fact that he was the sponsor for one of the viewing platforms. He confirmed that he would leave the chamber before discussion on the item began.

(2)   Councillor Brian Cooper declared non-pecuniary interests in Minute Numbers P/63 (SL/2022/0630 – The Barn, Thompson Fold, Lupton, Carnforth), due to the fact that he was the Ward Member for the application and P/64 (SL/2022/1007 – Garden of Rose Cottage, Clawthorpe, Carnforth) due to the fact that he called in the application. He confirmed that he felt no predetermination on either application and would remain in the chamber for debate and voting on the item; and

(3)   All Planning Committee Members raised a non-pecuniary interest, for transparency, in Minute Nos. P/65 (SL/2022/1109 – Town View Field Hostel, Town View, Kendal) and P/66 (SL/2021/1147 – Town and Village Green Area, Kendal Fell, Kendal) due to the fact that the Council was the land owner on both applications.

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 there were no items to be considered in Part II 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/63 (SL/2022/0630 – The Barn, Thompson Fold, Lupton, Carnforth); and

(2)   Minute No. P/64 (SL/2022/1007 – Garden of Rose Cottage, Clawthorpe, Carnforth).

To consider an application for the demolition of barn and erection of 3 dwellings with associated works (following previous prior approval under Class Q – ref: CU/2020/0007)

Demolition of barn and erection of 3 dwellings with associated works (following previous prior approval under Class Q – ref: CU/2020/0007)

Note – Councillor Brian Cooper declared a non-pecuniary interest in this agenda item, by virtue of the fact that he was the ward member for this application. He confirmed that he remained unbiased on the application and would contribute to the debate and voting on the item.

The Planning Officer presented Planning Application No. SL/2022/0630. The proposal sought approval for the demolition of the application building and the erection of three dwellings with associated works. The application site had an extant prior approval for the change of use of the application building to three dwellings under Class Q of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). He displayed photographs as well as floor and site plans, which outlined the proposal and provided full details of the application, which had been included within the report.

Members’ attention was drawn to site plans, which illustrated the extant prior approval. It was noted that the proposed development had a demonstrably less harmful impact than the extant prior approval due to the additional benefits that would be attained, which included an enhancement of the character and appearance of the area, the accessibility of the homes and incorporation of sustainable design when compared to the extant prior approval.

Peter Winter, the applicant’s agent spoke in support of the application.

The Planning Officer had no comments following the public participation.

Members requested clarity on a number of key issues, including, the proposed tree plan set out in report at Condition (2), concern expressed by neighbouring properties regarding sewage and the wastewater plan.

The Planning Officer, Development Management Team Leader and Solicitor provided detailed responses to the questions raised by members. Officers agreed to ensure that the tree plan was uploaded to the Planning Portal alongside the other documents following the meeting.

Members expressed support for the application and noted the improved design of the proposed development compared to the extant prior approval, particularly when considering sustainability and biodiversity.

Although Members supported the application, concern was expressed regarding Class Q; it was felt that it represented a loop hole that was being exploited.

A vote was taken and it was unanimously

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:-

·        Drawing No. 10057/01 Rev A “Site Plan Existing. Topographical Survey. Location Plan.” received 30 January 2023;

·        Drawing No. 10057/2 Rev A “Proposed Site Plan. Roof Plan & External Works” received 12 December 2022;

·        Drawing No. 10057/3 Rev A “Proposed Floor Plans” received  ...  view the full minutes text for item P/63

To consider an application for the erection of a detached dwelling photovoltaic array to roof & detached garage with vehicular access (Resubmission of SL/2022/0423).

Erection of a detached dwelling photovoltaic array to roof & detached garage with vehicular access (Resubmission of SL/2022/0423)

Note – Councillor Brian Cooper declared a non-pecuniary interest due to the fact that he had called in the application. However he confirmed that he was unbiased on the item and would contribute to the debate and voting on the item.

The Planning Officer presented Planning Application No. SL/2022/1007. The proposal sought full planning permission for a large, detached, open-market dwelling located in open countryside. The site was located between two dwellings on land, which was considered by Planning Officers as agricultural land rather than as a garden, which had been stated in the application.

Members’ attention was drawn to site plans and photographs, which illustrated the location of the site in particular the surrounding dwellings and access roads. The Planning Officer provided full details of the report, which were set out in the report.

The Planning Officer highlighted the main concerns with the proposed development, which included the site being located within open countryside and the unsustainable location of the site which would rely on vehicles to access services.

Kate Bellwood, the applicant’s agent spoke in support of the application.

Following a request to the Chairman, Members were provided with a handout, which provided evidence for the statements made in the public participation and was published on the Council’s website, following the meeting.

In response to the public participation, the Planning Officer noted that the current Development Plan came in to force in 2019, which meant that any decisions close to or earlier than that date may not have been applied in line with current Planning Policy. The Planning Officer reinforced his earlier statement that the proposed development did not fall within a contiguous cluster of dwellings.

The Development Team Leader noted that one of the applications referred to in the public participation, had been decided before the current Development Plan was in place, in 2015. He added that the other decision, in 2019, was incorrect and the policy had been incorrectly applied.

Members requested clarity on a number of key issues, including, the risk of appeal, the previous submission of this application, the number of trees that had been felled on the site and if in the event Members approved the application, how a biodiversity net gain would be secured to account for the loss of trees.

The Planning Officer and Development Management Team Leader provided detailed responses to the queries raised by Members.

The Solicitor requested clarity on the previous decisions referred to during public participation and whether they could be distinguished from the facts of this matter. Members were informed that Policy DM13 was being correctly applied in this instance.

Members expressed concern over the site being described as open countryside under the Development Plan.

Following discussion on the item, a motion to refuse the application, was proposed and seconded.

During debate on the item, some members felt the application would increase the number of local people in the  ...  view the full minutes text for item P/64

To consider an application for the construction of an entrance ramp and accessible exit doors at Town View Fields Hostel at Town View, Kendal.

Construction of Entrance Ramp and Accessible Exit Doors.

Note – All Members raised a non-pecuniary interest for transparency under this agenda item due to the fact that South Lakeland District Council was the applicant.

The Planning Officer presented Planning Application No. SL/2022/1109. The proposal sought approval for the construction of an entrance ramp and accessible exit doors at Town View Fields Hostel at Town View, Kendal. Members were informed that the property was owned by South Lakeland District Council and that it was used as a hostel for vulnerable families and adults.

Members’ attention was drawn to photographs and site plans to illustrate the proposals and the Planning Officer provided full details of the application, which had been set out in the report. The proposal set out plans to alter windows to provide a level and accessible exit from the bedrooms on the ground floor, which currently only had one means of escape for a wheel chair user.

The Planning Officer responded to a query from members regarding the loss of biodiversity net gain and agreed to add a condition, which would guarantee a biodiversity net gain if members were minded to approve the application.

A motion to approve the application with an additional condition was proposed and seconded, with the Senior Specialist - Development Management to be given delegated authority to draft the condition relating to a biodiversity net gain on the site (Condition 3 has been included below for information).

A vote was taken and it was

RESOLVED – That the application be approved subject to the following conditions:-

Condition (1)   The development hereby permitted shall be commenced before the expiration of THREE YEARS from the date hereof.

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: Location Plan, Received 6 December 2022 Proposed Ramp, Drawing No. TVF 03 01 Proposed Accessible Room, Drawing No. TVF 03 03 Proposed Accessible Room, Drawing No. TVF 03 04.

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

Condition (3)   Within 3 months of date of the planning approval hereby granted, details of a scheme for biodiversity net gain, shall be submitted to and approved in writing by the Local Planning Authority. 

The scheme of biodiversity net gain shall be undertaken in accordance with that approved scheme.

Reason:          These details are required to be approved to demonstrate increased biodiversity in accordance with Policy DM4 of the Development Management Policies Development Plan Document.

Signs & viewing platforms

Note – Councillor Giles Archibald declared a pecuniary interest in this agenda item, due to the fact that he was the sponsor for one of the viewing platforms in the application. He left the District Council Chamber at 11.22 a.m., before the Planning officer began her presentation.

The Planning Officer presented Planning Application No. SL/2021/1147. The proposal sought approval for the siting of five signs and two viewing platforms. The signs would be positioned at various entrance points around the Fell and will include the history of the fell, code of conduct, various interest points and maps to show the safest paths on the fell. The platforms would be positioned adjacent to two tees and would enable golfers to ensure there were no members of the public on the fairway before they play.

Members’ attention was drawn to photographs of the proposed siting and plans of the platforms as well as plans of the signs which illustrated the shape and dimensions. The Planning Officer informed members of a replacement section of post board fence at sign location 4, if members were minded to approve the application, due to the location of one of the signs overlooking a neighbouring property.

A motion to approve the application was proposed and seconded.

A vote was taken and it was unanimously

RESOLVED – That the application be approved subject 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:

·        Site Location Plan – Kendal Fell

·        Site Plan – Kendal Fell South

·        Site Plan- Kendal Fell North

·        Plan – Kendal Fell : Primary Sign : 110121

·        Plan – Kendal Fell : GA Drawing

·        Elevations – Platform Design KF01

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

Condition(3)    (a) Prior to any above ground works details of the proposed colour finish for the viewing platforms of the development hereby approved shall have been submitted to and approved in writing by the Local Planning Authority.

(b) Development shall be carried out in accordance with the approved details.

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 siting of the sign at location 4 (Kendal Golf Club), a plan detailing the precise location of the sign shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

Reason:           To safeguard the amenity of the neighbouring residents in accordance Policy DM2 of the Development Management Policies Development Plan Document and  ...  view the full minutes text for item P/66

To receive a verbal update on Local Government Reorganisation Planning Committee Structure.

The Operational Lead for Places and Environment provided a verbal update on the future Planning Committee Structure. Members were informed that the Westmorland and Furness Planning Committee would be split into a Strategic Planning Committee, to deal with the larger applications and consultation on local plan development and Local Planning Committees for each district area would be held on a monthly basis to deal with the majority of planning applications.

Members raised queries relating to changes made to the Council Plan, the quorum of the Committees and experience and training of the new Planning Committee Members.

The Operational Lead for Places and Environment responded to the queries raised by Members.