Agenda item

Planning Application SL/2019/0745 - Bel Air, Brigsteer Road, Kendal

To determine an application to change ground levels to a front garden to create a hard standing for parking (part retrospective) (revised scheme of SL/2018/0850).

Minutes:

Change to ground levels to front garden to create a hard standing for parking (part retrospective) (Revised scheme of Planning Application SL/2018/0850) (Ms H Gardner).

 

The Planning Officer presented Planning Application No. SL/2019/0745 which sought permission for a revised scheme of an unauthorised development to create a parking area with store underneath, which had been erected on site without planning permission. She explained that Planning Application No. SL/2018/0850 had sought retrospective planning permission to retain the development, however this had been  refused by virtue of its scale and position, as it created an overly dominant street scene which adversely affected the character and appearance of the area of Kendal and the amenity available at nearby residential properties. The Planning Officer displayed plans and photographs which outlined the application and drew Members’ attention to the late representations which had been circulated prior to the meeting. The late representations detailed further information, provided by the applicant’s agent, on site drainage, the containment of surface water within the parking area and a soakaway at the base of the parking area. The Planning Officer stated that the detail was considered appropriate to control surface water drainage on site. She advised that if Members’ were minded to approve the application and were of the opinion that details of surface water drainage were required prior to first use of the amended development, this could be added to any decision made. The Planning Officer also read out the consultee response from SLDC’s Arboriculture Officer. The Planning Officer informed Members that the key issues applicable to the application were the visual impact on the street scene and character of the locality and the impact upon neighbouring amenity. She reiterated that the current development on site was unauthorised and informed Members that the proposed application sought to reduce the parking area to a level which was no higher that 300mm above the original sloping ground level which would reduce its impact on the neighbouring occupier. The wall enclosing the parking area would be retained and a two metre high fence had been proposed, which would screen the retained side wall, as a benefit to the adjoining neighbour. The Planning Officer also detailed the proposed alterations to the access.

 

Mr Chris Garner, of Garner Planning Associates Ltd, addressed the Committee on behalf of Mrs Rose Brennand resident of Sun Brick, in opposition to the application.

 

Ms Kate Bellwood addressed the Committee on behalf of her client, the applicant, in support of the application.

 

The Interim Development Management Team Leader further outlined the history of both planning applications and explained that the applicant had been under threat of enforcement action, however, as they had been engaged with Development Management, the approach had been to resolve the issue without formal action. The Planning Officer highlighted that, should the application be approved, Condition 1 required the development to be completed within three months from the date of the permission.

 

The Planning Officer and the Interim Development Management Team Leader responded to questions raised by Members and displayed further plans and photographs to clearly outline the proposals.

 

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

 

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

 

Condition (1)   The development hereby permitted shall be completed within 3 months from the date of this permission.

 

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 Title: 'Site Location Plan'

Drawing Number: 501/02 'Proposed Plans & Elevations'

Received by the Local Planning Authority 11/09/2019

 

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

 

Condition (3)   For avoidance of doubt any section of the perimeter wall (not including the front boundary wall) of the parking area which measures over two metres in height shall be reduced to two metres and retained at this height unless otherwise approved by the Local Planning Authority.

 

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

 

Condition (4)   For avoidance of doubt as detailed on Drawing Number 501/02 the proposed parking area shall sit no higher than 300mm above the original ground level.

 

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

 

Condition (5)   Access gates, if provided, shall be hung to open inwards only, away from the highway,

 

Reason            In the interests of highway safety, in accordance with Policy DM1 of the Development Management Policies Development Plan Document and Policy CS10.2 of the South Lakeland Core Strategy.

 

Condition (6)   The hereby approved parking area shall be surfaced in bituminous or cement bound materials, or otherwise bound, the material must be porous.

 

Reason            In the interests of highway safety, in accordance with Policy DM1 of the Development Management Policies Development Plan Document and Policy CS10.2 of the South Lakeland Core Strategy.

 

P & P Statement

                       

In the exercise of its judgement in determining the appropriate balance of considerations, the Local Planning Authority has acted positively and proactively in determining this application proposal, taking into account all material considerations. Material considerations include planning policies and any representations that may have been received preceding the determination to grant planning permission in accordance with the presumption in favour of sustainable development as set out in the National Planning Policy Framework.  The Local Planning Authority is satisfied that its processes and practices are compatible with the Human Rights Act and the decisions of the European Court of Human Rights.

Supporting documents: