Agenda item

SL/2019/0398 - Land to the south of Underbarrow Road.

To consider for an application for residential development of 84 dwellings with associated access, landscaping and drainage works.


Residential development of 84 dwellings with associated access, landscaping and drainage works (Oakmere Homes (NW) Ltd).


The Planning Officer presented Planning Application No. SL/2019/0398 which sought permission for a residential development of 84 dwellings. He explained that the application was being presented to Committee as the proposal was not in accordance with the Local Plan, as it provided less than the 35% target of affordable housing. The Planning Officer displayed photographs and plans which outlined the proposals. He informed Members that the application offered an affordable housing provision of 17 dwellings which represented 20.2% of the proposed development. The Planning Officer drew Members’ attention to the planning history of the site and explained that the site had been subject to a previous planning application which had been refused in November 2016, the refusal had been appealed and the appeal dismissed by the Planning Inspector. The Planning Officer went on to explain that as a consequence of the Planning Inspector’s findings, the revised proposal showed a significant landscaped buffer, of variable width, across the majority of the western boundary which would soften the impact of the development. He highlighted the comments from Cumbria County Council’s Highways Department which included the requirement for improvements in footpath links into Kendal and that the applicant’s proposed speed limit changes were welcomed. The Planning Officer informed Members that Kendal Fell Quarry was opposite the proposed site and explained that the issue of contamination and noise from the quarry had been assessed. He informed Members that the proposal included the demolition of an existing dwelling The Ghyll and a field barn and the Conservation Officer had concluded that both buildings were not of sufficient quality to be identified as undesignated local heritage assets. In concluding his presentation the Planning Officer informed Members that the proposed scheme did not accord with Core Policy CS6.3 as it offered less than 35% affordable dwellings. However, Policy CS6.3 took into account viability and stated that ‘a lower affordable housing requirement would be acceptable where there was clear evidence that it would make the development unviable’. The applicant had submitted a viability report to demonstrate why the full requirement of affordable housing could not be achieved and this had been assessed by Lambert Smith Hampton.


The Chairman drew Members’ attention to the Late Representation, which had been circulated prior to the meeting, in particular the updates to the conditions.


Councillor Giles Archibald, Leader of the Council and Ward Member for Kendal Town, addressed the Committee in opposition to the application. He informed Members that he lived close to the proposed application site and outlined concerns regarding arsenic contamination and hazardous waste on the proposed site and traffic congestion on Glebe Road. He went on to outline the Council’s policy on affordable housing provision and stated that he would be supportive of the application if it offered 35% affordable housing but at just over 20% the Council should not accept the proposal. Councillor Archibald, on concluding his address, left the chamber.


Kate Bellwood, the applicant’s agent, addressed the Committee. She highlighted that the issues raised at appeal had been resolved and that the new National Planning Policy Framework (NPPF) stated at least 10% affordable housing was expected on major sites and that planning decision should take viability into consideration. This was the first time the applicant had sought to reduce affordable housing. She went on to outline the benefits of the proposed scheme which offered 17 affordable housing units in the heart of the development.


The Planning Officer responded to concerns raised during public participation and informed Members that Condition 16 required the submission of a validation statement which would detail any contamination found during the development. He reiterated that Cumbria County Council Highways Department had accepted the proposal subject to a number of conditions and a monitored travel plan.


The Chairman invited Matt Messenger, Planning Viability Consultant, Lambert Smith Hampton, to address the Committee. Mr Messenger explained to Members that adopted Core Strategy Policies CS6.2 and CS6.3 provided an applicant, affected by abnormal costs, with the opportunity submit a viability assessment. He went on provide Members with a brief outline of the type of abnormal build cost which could affect a development’s viability and he provided a summary of how a viability assessment review was completed.


The Planning Officer and Planning Viability Consultant responded to questions raised by Members. The Planning Officer advised Members that, if approved, the application would be subject to a Section 106 Agreement.


A motion to approve the application was proposed and seconded and it was


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


(1)        the completion of a Section 106 Planning Obligation with regard to the provision of affordable housing, open space management, off-site highway improvements and monitoring of the travel plan


(2)        the conditions outlined below:-


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:

Submitted 12 09 19

19051_PL01-02.1.1 Rev G - Drainage Layout (1 of 2)

19051_PL01-02.1.2 Rev G - Drainage Layout (2 of 2)

19051_PL01-02.3.1 Rev E - Detention Basin Layout


Submitted 04 09 19

Traffic Management Strategy - Underbarrow Rd, Kendal

Surface Water Drainage Strategy - V5-merged-compressed


Construction Method Statement

19051_PL01-02.6.1 Rev A - Exceedance Route (1)

19051_PL01-02.6.2 Rev A - Exceedance Route (2)

19051_PL01-02.5.1 - Drainage Details (1)

19051_PL01-02.4.1 Rev C - Impermeable Areas Plan

19051_PL01-02.3.2 Rev C - Detention Basin Sections

19051_PL01-02.2.1 Rev E - Drainage Longitudinals (1)

19051_PL01-02.2.2 Rev B - Drainage Longitudinals (2)

19051_PL01-02.2.3 Rev D - Drainage Longitudinals (3)

19051_PL01-02.2.4 Rev B - Drainage Longitudinals (4)


Submitted 22 08 19

Underbarrow Road, Kendal - Noise Assessment Report (21 August 2019)

Underbarrow Rd AQA 1366

Underbarrow Rd AQA 1753-2

Underbarrow Rd AQA 1753-3


Submitted 07 08 2019

J585 Underbarrow TN3 2019

App B Modal Trip Rates and DTPC TRICS Data

Appendix A Modal TA Flows

Appendix C Underbarrow Traffic Flow Figures Rev B August 2019

Appendix D Greenside High Tenterfell Crossroad Jnt Rev B August 2019

Appendix E Underbarrow Signalised Jnt Rev B August 2019


Submitted 29 07 19

026-P-01K Planning -Proposed Site Layout

026-P-02E Planning -Proposed Site Sections

026-P-03D Planning -Proposed Streetscenes

026-P-04C Planning -Proposed Material Finishes

026-P-05D Planning -Proposed Fencing Layout

026-P-06E Planning -Proposed Affordable-Rented Layout

026-P-07(2)A  Planning Layout scale 1-200

026-P-07(3)A Planning Layout scale 1-200

026-P-07(1) – Planning Layout Scale 1-200

1675-03c (sheet 3 of 4)

19051_PL01-01.1 Rev B - Road Layout

19051_PL01-01.2 Rev A - Road Levels

19051_PL01-01.3.1 - Carriageway Longitudinals (1)

19051_PL01-01.3.2 - Carriageway Longitudinals (2)

19051_PL01-01.3.3 Rev A - Carriageway Longitudinals (3)

19051_PL01-01.3.4 - Carriageway Longitudinals (4)

19051_PL01-01.4.1 Rev A - Typical Construction Details (1)

19051_PL01-01.4.2 Rev A - Typical Construction Details (2)

19051_PL01-01.5 Rev A - External Works Layout

Crime Statement

J585 Underbarrow  ITP 2019 final




Submitted 26 06 19

J585 Underbarrow TN1 2019


Submitted with Application/For Validation

002 Official Copy (Title Plan) - CU213130

026-LOC-01B Site Location Plan

DM11 Statement

Location Plan

O0253-200  TRANSFER 26th Apr 19

Underbarrow - Geotech Investigations Phase 1 & II

18H212 Topographical Survey

1675-01a (sheet 1 of 4)

1675-02a (sheet 2 of 4)

1675-04b (sheet 4 of 4)

1675-05b (masterplan)

Affordable Housing Statement


CP11157  Underbarrow Rd Geophysics Report text

CP11157 Geophysics Figures 2 (2)

CP11157 HIA Underbarrow Rd Kendal

Ecological Appraisal 2019

HIA Addendum

J585 Underbarrow TS may 2019

Planning Statement-DAS


Statement of Community Involvement

026-BASS-P01 Bassenthwaite Plans & Elevs

026-BRAY-P01 Brathay Plans & Elevs

026-BUTT-P01 Buttermere Plans & Elevs

026-CON-P01 Coniston Plans & Elevs

026-CRUM-P01 Crummock Plans & Elevs

026-CAL-ROTH-PO1 Caldew-Rothay Plans & Elevs

026-ELT-P01 Elterwater Plans & Elevs

026-ENN-P01 Ennerdale Plans & Elevs

026-GLN-P01 Glenridding Plans & Elevs

026-GRAN-P01 Grange Plans & Elevs

026-GRA-P01 Grasmere Plans & Elevs

026-HAW-P01 Haweswater Plans & Elevs

026-KENT-P01 Kentmere Plans & Elevs

026-KES-P01 Keswick Plans & Elevs

026-KIRK-P01 Kirkstone Plans & Elevs

026-LANG-P01 Langdale Plans & Elevs

026-WAS-P01 Wasdale Plans & Elevs

026-WAS-SPL-P01 Wasdale Split Level Plans & Elevs

026-WIN-P01 Windermere Plans & Elevs



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


Condition (3)   The landscaping scheme shall be implemented fully in accordance with the following plans: 1675-01a (sheet 1 of 4), 1675-02a (sheet 2 of 4), 1675-03c (sheet 3 of 4), 1675-04b (sheet 4 of 4) &1675-05b (masterplan).

a) The buffer zone located at the western end of the site shall be fully implemented in accordance with the approved landscaping scheme within the first planting season following the date of this permission. 

b) The approved landscaping scheme shall be fully implemented within the first planting season following completion of the development.

c) All trees, shrubs and hedge plants supplied shall comply with the requirements of British Standard 3936, Specification -for Nursery Stock. All pre-planting site preparation, planting and post-planting maintenance works shall be carried out in accordance with the requirements of British Standard 4428(1989) Code of Practice for General Landscape Operations (excluding hard surfaces).

d) All new tree plantings shall be positioned in accordance with the requirements of Table A.1 of BS5837:2012 Trees in Relation to Design, Demolition and Construction(Recommendations)

e) Any trees, shrubs or hedges planted in accordance with this condition which is removed, die, become severely damaged or become seriously diseased within five years of planting shall be replaced within the next planting season by trees, shrubs or hedging plants of similar size and species to those originally required to be planted.


Reason:           To ensure appropriate landscaping of the site.


Condition (4)   No trees, shrubs or hedges within the site which are shown as being retained on the approved plans shall be felled, uprooted, wilfully damaged or destroyed, cut back in any way or removed without the prior written consent of the Local Planning Authority. Any trees, shrubs or hedges removed without such consent, or which die or become severely damaged or seriously diseased with five years from the completion of the development hereby permitted shall be replaced with trees, shrubs or hedge plants of similar size and species until the Local Planning Authority gives written consent to any variation.


Reason:           To ensure the continued well-being of the trees in the interests of the amenity and environmental quality of the locality.


Condition (5)   Before the dwellings are first occupied, noise mitigation measures to address the findings within the Noise Impact Assessment shall be installed in accordance with a scheme which has first been submitted to and approved by the Local Planning Authority. The approved scheme shall be retained thereafter.


Reason:           To safeguard the amenity of future occupiers


Condition (6)   Before the commencement of the dwellings samples panels of the materials to be used for the external surfaces of the dwellings hereby approved shall be erected at the application site and no external walling shall be erected until written approval for the materials has been given by the Local Planning Authority. The approved details shall be fully implemented.


Reason:           In the interests of visual amenity.


Condition (7)   Prior to the commencement of development details of the carriageway, footways, footpaths, cycleways, including longitudinal/cross sections, shall be submitted to and approved by the Local Planning Authority. The approved details shall be fully implemented before the first dwelling is occupied.


Reason:           To ensure a minimum standard of construction in the interests of highway safety.


Condition (8)   No dwellings shall be occupied until the estate road including footways, cycleways, parking, and turning spaces, to serve such dwellings has been constructed to base course level and street lighting has been brought into full operational use.


Reason:           In the interests of highway safety.


Condition (9)   The approved Construction Method Statement submitted on 4th September 2019 shall be adhered to throughout the construction period.


Reason:           In the interests of ensuring highway safety and efficiency, in order to ensure adequate off street parking for contractors vehicles, and in order to ensure that the highway network has sufficient capacity to safely accommodate the increased levels of construction traffic associated with the development.


Condition (10)Prior to the commencement of development a construction surface water management plan shall be submitted to and approved by the Local Planning Authority. The approved details shall be fully implemented.


Reason:           To safeguard against flooding to surrounding sites and to safeguard against pollution of surrounding watercourses and drainage systems.


Condition (11)Prior to the occupation of any dwelling, a Surface Water Validation Report that demonstrates that the drainage scheme and exceedance routes has been carried out in accordance with the approved documents must be submitted to the Local Planning Authority. Confirmation of infiltration rates at the secondary basin and where appropriate should be provided with an assessment based on the confirmed rates of whether any further mitigation is needed.


Reason:           To ensure adequate provision is made for the management of surface water.


Condition (12)No construction work for this development should take place on the site, except between the hours 08.00 - 18.00 Monday to Friday and 09.00 – 13.00 on Saturdays. In particular, no work should be carried out on Sundays or officially recognised public holidays without the prior agreement in writing of the Local Planning Authority.


Reason:           To safeguard future residents and protect amenity of nearby residents from noise disturbance.


Condition (13)Before the demolition of The Ghyll and the field barn hereby approved, a comprehensive photographic record shall be taken of the buildings, and submitted to and approved in writing by the Local Planning Authority. An approved record shall be provided to the County Record Office.


Reason:           In order to provide a record of the two demolished buildings.


Condition (14)Between the hours of 0700 and 1900 the noise levels arising from the processing of material at Kendall Fell Quarry shall not exceed 55dB (LAeq) (1 hour) from inside of any of the proposed dwellings.


Reason:           To protect the residential amenity of the neighbouring dwellings in accordance with the principles of the National Planning Policy Framework.


Condition (15)A Validation Statement from a competent person, detailing any contamination found during development (including any remediation undertaken), will be required to be submitted and approved in writing by the Local Planning Authority upon completion of the development. This will require reference to the Phase Two report.


Reason:           To remove any risk or concerns for future occupants or owners of the development, and to ensure that site workers are not exposed to the unacceptable risks from contamination during construction

Supporting documents: