Agenda item

Planning Application No. SL/2019/0602 - Land North of Laurel Gardens, Kendal

To consider an application for the erection of 157 dwellings with associated landscaping and infrastructure.

Minutes:

Residential development with associated landscaping and infrastructure

Note – The Planning Officer’s presentation displayed at the meeting had been circulated to Members and displayed on the Council’s Website on the day before the meeting.

The Planning Officer presented Planning Application No. SL/2019/0602, which sought permission for full planning permission for 157 dwellings and referred to site plans to highlight the site location. He highlighted the proposal for 157 dwellings on the allocated site, the access route on to the south-eastern boundary via a roundabout on Burneside Road, attenuation ponds and open spaces around the site. He informed Members that the proposed site was to be less dense than originally envisaged and added that the percentage of affordable homes was proposed to be 20.83% and was subject to a financial viability study.

The Planning Officer informed Members that careful consideration had been given to the distances between houses which was proposed to be over 30 metres and considered to give reasonable separation between properties. He noted that the closest property was within 12 metres but that this still met the legal requirement of 10 metres. He added that although the northern footpath would remain unchanged, the public right of way was proposed to be changed to provide a triangular walk around the site.

Referring to objections made, the Planning Officer raised the issue of flooding and informed Members that the majority of the site was located in flood zone 1 but the access route was in flood zone 2. He highlighted the proposed replacement culvert was to be part funded by the developer and Cumbria County Council, and secured through a Section 106 agreement that would significantly reduce the flood risk, resulting in the affected area being removed from the flood zone 2 designation.

The Planning Officer informed Members of minor tree felling that was to be compensated by the planting of over 300 trees. He highlighted the use of bat boxes, swift bricks and hedgehog highways as other measures which had been added as conditions to the application. The Planning Officer moved on to describe a number of other proposed features of the site, which included an upgrade to the current play park, passive solar gain and increased insulation on the houses and 10% of the proposed dwellings would include provision of electric vehicle charging points.

Note – at this point Members were informed, that Doug Coyle (Cumbria County Council) was in attendance at meeting in order to answer any questions.

Doug Coyle emphasised the importance of the collaboration between the developer and Cumbria County Council on the proposed replacement culvert and reminded Members of the importance of this feature that would assist in the prevention of flooding and the provision of housing.

Note – at this point in the proceedings the Chairman requested that the first public participant, be dialled into the meeting to make their representations.

Ros Taylor addressed the Planning Committee in support of the application.

 

 

Note – at this point in the proceedings the Chairman requested that the public participants, speaking in opposition to the application, be dialled into the meeting to make their representations.

Nadine Scott and Daniel Wilkinson addressed the Planning Committee in opposition to the application.

Note – at this point in the proceedings the Chairman requested that the public participant, speaking in support of the application, be dialled into the meeting.

Harry Tonge addressed the Planning Committee in support of the application.

The Planning Officer and Doug Coyle responded to concerns raised during public participation.

The Planning Officer, the Interim Development Management Team Leader and Doug Coyle, responded to questions raised by Members.

Members thanked the Planning Officer for a well written report and gave consideration to the application. Members agreed that the site was on allocated land and was in accordance with the Development Plan and recognised that whilst it was a difficult site to develop, the reduction in the number of units had made the site more appealing and would improve the quality of life for residents. However, concerns were raised by a number of Members who felt that the Local Plan target of 35% affordable homes had become more difficult to achieve and seemed to be aspirational.

A motion to approve the application was proposed and seconded and a vote was taken on the motion, during which all Planning Committee Members confirmed that they had, without interruption heard the full presentation and discussion on the item and it was

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

(1) A section 106 agreement to secure thirty two units of affordable housing; 

(2) £50,000 contribution towards enhancement of off-site recreational open space; 

(3) Contribution towards enhancement of off-site drainage - this will be reported at committee;

(4) Payment of SLDC legal fees;

(5) £6,600 contribution to pay for the Travel Plan administration; and

(6) 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: 

Location plan BRK.001

Strategic Site Plan Proposed, dwg no BRK.100 (K)

Detailed Site Layout (Sheet 1 of 2) Dwg no BRK.101 (E)

Detailed Site Layout (sheet 2 of 2). Dwg no BRK.102 (E)

Proposed site sections (sheet 1 of 2) BRK.110

Proposed site sections (sheet 2 of 2) BRK.111

Proposed indicative landscaping plan BRK.160 Rev A

House Types (proposed elevations & floor plans) December 2019; all plans contained in the document.

Elevational finishes plan BRK.103 (A)

External finishes BRK.130

Boundary treatment plan BRK.104 (A)

Proposed Plan of Cycle Stores received 4/12/2019.

Road markings and Signage Proposed Mini Roundabout. Dwg no 2016/1609/003

Lower detention basin construction details K32588/A1/52

Middle detention basin construction details K32588/A1/51

Upper detention basin construction details K32588/A1/50

Surface water drainage outfall pipe long section K32588/A1/47 Rev A

Surface water drainage outfall pipe plan K32588/A1/46 Rev A

Foul & surface water drainage plan 4 of 4 K32588/A1/45

Foul & surface water drainage plan 3 of 4 K32588/A1/44

Foul & surface water drainage plan 2 of 4 K32588/A1/43

Foul & surface water drainage plan 1 of 4 K32588/A1/42

Surface water drainage catchment plan sheet 1 of 2 K32588/A1/40

Surface water drainage catchment plan sheet 2 of 2 K32588/A1/41

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

Highway conditions

Condition (3): Development shall be carried out in accordance with the Construction Management Plan (CMP) incorporating the Health and Safety and Traffic Management Plan submitted on 07/02/2020 and Construction Management Plan for Sustainable Drainage Systems by RG Parkins submitted on 17/12/2019. 

Reason:  In the interests of ensuring highway safety and to safeguard the amenity of existing dwellings in accordance with policy DM7 (Addressing Pollution, Contamination Impact, and Water Quality) of the South Lakeland Development Management Policies Development Plan Document.

Condition (4): The carriageway, footways, footpaths, cycleways, shall be designed, constructed, drained and lit to a standard suitable for adoption and in this respect further details, including longitudinal/cross sections, shall be submitted to the Local Planning Authority for approval before work commences on site.  No work in relation to the approved highways shall be commenced until a full specification has been approved.   These details shall be in accordance with the standards laid down in the current Cumbria Design Guide.  

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

Condition (5): No dwellings shall be occupied until the estate road including footways and cycleways to serve such dwellings has been constructed in all respects to base course level and street lighting where it is to form part of the estate road has been provided and brought into full operational use.

Reason: In the interests of highway safety.

Condition (6): The access and parking/turning requirements necessary during construction of the development shall be laid out before any building work commences on site so that constructional traffic can park and turn clear of the highway.

Reason: The carrying out of this development without the provision of these facilities during the construction work is likely to lead to inconvenience and danger to road users.

Condition (7) No individual dwelling shall be first occupied until it has been provided with the secure cycle parking provision as indicated on the Proposed Plan of Cycle Stores received 4/12/2019.  Thereafter, such provision shall not be removed or altered in such a way that would compromise its use as secure cycle parking. 

Reason:  To ensure an acceptable standard of cycle parking in accordance with policy DM9 (Parking Provision, new and loss of car parks) of the South Lakeland Development Management Policies Development Plan Document.

Condition (8) No individual dwelling shall be first occupied until its parking provision, as indicated on the Drawings “Detailed Site Layout (Sheet 1 of 2) Drawing no.BRK.101 (E)” and “Detailed Site Layout (sheet 2 of 2). Drawing no.BRK.102 (E) and, where applicable, integral garages shown on the relevant house type designs, has been constructed and made available for use. 

Reason:  To ensure the timely provision, in the interests of highway safety, of car parking in accordance with policy DM9 (Parking Provision, new and loss of car parks) of the South Lakeland Development Management Policies Development Plan Document.

Condition (9) Within 6 months of the development (or any part thereof) being first occupied, the developer shall prepare and submit to the Local Planning Authority for their approval a Travel Plan which shall identify the measures that will be undertaken by the developer to encourage the achievement of a modal shift away from the use of private cars to visit the development to sustainable transport modes.  The measures identified in the Travel Plan shall be implemented by the developer within 12 months of the development (or any part thereof) being first occupied. 

Reason: To aid in the delivery of sustainable transport objectives in accordance with Policy CS10.2 of the South Lakeland Core Strategy 2010.

Drainage conditions

Condition (10) Foul and surface water drainage for each dwelling must be provided in accordance with the following approved plans:

Lower detention basin construction details K32588/A1/52

Middle detention basin construction details K32588/A1/51

Upper detention basin construction details K32588/A1/50

Surface water drainage outfall pipe long section K32588/A1/47 Rev A

Surface water drainage outfall pipe plan K32588/A1/46 Rev A

Foul & surface water drainage plan 4 of 4 K32588/A1/45

Foul & surface water drainage plan 3 of 4 K32588/A1/44

Foul & surface water drainage plan 2 of 4 K32588/A1/43

Foul & surface water drainage plan 1 of 4 K32588/A1/42

Surface water drainage catchment plan sheet 1 of 2 K32588/A1/40

Surface water drainage catchment plan sheet 2 of 2 K32588/A1/41

Construction of the surface water drainage system must also adhere to: (1)  the design principles established in the “Flood Risk Assessment & Drainage Design Report”, produced by R G Parkins & Partners Ltd: report ref. K32588/03/FRA/RYH REVISION A, dated July 2019.

No individual dwelling shall be first occupied until the relevant parts of the surface water drainage system serving it, together with associated exceedance routes, have been constructed and made operational in accordance with the approved plans. 

Reason:  To ensure adequate provision is made for the management of surface water in accordance with Policy DM6 of the South Lakeland Development Management Policies Development Plan Document.

Condition (11): Prior to first occupation of the dwellings hereby approved, the works to upsize and divert the existing culvert, as discussed in section 6.3 of the approved Flood Risk Assessment & Drainage Strategy, shall be completed and retained thereafter. 

Reason: To safeguard the development from existing flood risk within the site and to ensure that the development does not increase flood risk elsewhere in accordance with Policy DM6 of the South Lakeland Development Management Policies Development Plan Document .

Condition (12): A Surface Water Validation Report that demonstrates that the drainage scheme and exceedance routes are being carried out in accordance with the approved documents shall be submitted for approval to the Local Planning Authority for each distinct phase of this development, but should include as a minimum a construction validation, pre occupation validation and post 50% occupation validation.

Reason: To ensure adequate provision is made for the management of surface water in accordance with Policy DM6 of the South Lakeland Development Management Policies Development Plan Document.

Landscape and Ecology Conditions 

Condition (13) The development shall not proceed except in accordance with the mitigation strategy described in the Ecological Appraisal prepared by ‘Envirotech’ dated August 2018 and deposited with the Local Planning Authority on 7th May 2019.

Reason:  For the avoidance of doubt and to prevent harm to protected species in accordance with Policy DM1 of the Development Management Policies Development Plan Document and Policy CS8.4 of the South Lakeland Core Strategy.

Condition (14) The development shall not proceed except in accordance with the strategy described in Treescapes Consultancy Pre-development Arboricultural Report dated 24th June 2019 and deposited with the Local Planning Authority on 17th July 2019. 

Reason:  For the avoidance of doubt and to prevent harm to protected trees in accordance with Policy DM4 of the Development Management Policies Development Plan Document and Policies CS8.1 and CS8.2 of the South Lakeland Core Strategy and the application of BS5837 (British Standard for Trees in relation to the design, demolition or construction phase of a development or any subsequent replacement British Standard)

Condition (15) Prior to commencement of development, a scheme for the landscaping of the site shall be submitted to and approved in writing by the Local Planning Authority. The landscaping scheme shall include planting plans, written specifications (including cultivation and other operations associated with tree, shrub, hedge or grass establishment), schedules of plants noting species, plant sizes, the proposed numbers and densities and a maintenance and implementation programme.

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

b) 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).

c) 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)

d) 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 in accordance with Policies DM2 and DM6 of the South Lakeland Development Management Policies Development Plan Document and CS8.1 of the South Lakeland Core Strategy 2010.

Condition (16) Prior to first occupation of the development a landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas shall be submitted to and approved in writing by the Local Planning Authority. The landscape management plan shall be carried out as approved.

Reason:   To safeguard and enhance the character of the area and secure high quality landscaping in accordance with Policies DM1, DM2 and DM4 of the Development Management Policies Development Plan Document

Design and Layout conditions 

Condition (17) The dwellings hereby approved shall be constructed to meet the Building Regulations M4(1) M4(2) and M4(3) standards for accessible and adaptable homes as per the Accessibility Schedule prepared by Russell Armer Homes dated January 2020 and submitted to the Local Planning Authority on 5th February 2020.

Reason   To secure an appropriate level of compliance with Policy DM11 of the South Lakeland Management Policies Development Plan Document.

Condition (18) The materials to be used in the construction of the external surfaces of the dwellings and garages hereby approved shall be as specified on Drawing BRK.130 – External Finishes and shall be retained as such thereafter unless otherwise agreed in writing with the Local Planning Authority.

Reason: To ensure compliance with South Lakeland Core Strategy Policy CS8.10 (Design) and policies DM1 (General Requirements for all development) and DM2 (Achieving Sustainable High Quality Design) of the South Lakeland Development Management Policies Development Plan Document.

Condition (19) Prior to the erection of any superstructure plans shall be submitted to the Local Planning Authority for written approval to the proposed biodiversity net gains in respect of Swift bricks / bird boxes. The approved details shall be fully implemented and retained thereafter. 

Reason:  To ensure the development meets its objective to accord with the DM DPD Policy DM4, and in accordance with the National Planning Policy Framework paragraphs 174(b). 

Condition (20)  None of the dwellings hereby approved shall be first occupied until the necessary infrastructure is installed to enable access to high speed (superfast) broadband, unless it is demonstrated to be unfeasible in the terms set out in policy DM8 (High Speed Broadband for New Developments) of the South Lakeland Development Management Policies Development Plan Document.

Reason:   To comply with policy DM8 (High Speed Broadband for New Developments) of the South Lakeland Development Management Policies Development Plan Document.

Condition (21) No individual dwelling shall be first occupied until its boundary has been enclosed in accordance with the details shown on approved drawing Boundary Treatment Plan BRK.104 (A).

Reason:  To ensure compliance with South Lakeland Core Strategy Policy CS8.10 (Design) and policies DM1 (General Requirements for all development) and DM2 (Achieving Sustainable High Quality Design) of the South Lakeland Development Management Policies Development Plan Document.

Environmental conditions 

Condition (22) The construction shall take place in accordance with the Construction Management Plan, dated 16/12/2019 and the approved construction method statement shall be adhered to throughout the construction period

Reason: To safeguard the amenity of adjacent residential properties in accordance with Policy DM1 of the South Lakeland Development Management Policies Development Plan Document. 

Condition (23)  Construction works, including site preparation, earthworks, start-up of machinery, deliveries and unloading of equipment and materials shall not take place outside the hours of 08.00 - 18.00 Mondays to Fridays and 08.00 - 13.00 on Saturdays and at no time on Sundays, Public or Bank Holidays.

Reason: To safeguard the amenity of neighbouring occupiers in accordance with National Planning Policy Framework - Chapter 2 - Achieving sustainable development, para 8 and Chapter 12- Achieving well-designed places, para 127.

Condition (24) The development shall be undertaken in compliance with the Geo Environmental Site assessment Phase 1 and Phase 2 reports dated November 2016 and January 2017 respectively. 

Should any contamination be found during the construction, a validation report and remediation 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 in accordance with Policy DM7 of the South Lakeland Development Management Policies Development Plan Document.    

Condition (25)  Before first occupation of the dwellings, a plan showing 10% of the units  to be provided with a functioning electric vehicle charging point, shall be submitted to and approved by the Local Planning Authority. The approved plan shall be fully implemented prior to first occupation of the identified dwellings. 

Reason  To ensure that the development is at least air quality neutral in accordance with Policy DM7 (Addressing Pollution, Contamination Impact, and Water Quality) of the South Lakeland Development Management Policies Development Plan Document.

Supporting documents: