Agenda item

Planning Application No. SL/2019/1032 - Holme House Farm, Skelsmergh, Kendal

To consider an application for the demolition of all of the existing structures on the site and their replacement with five detached dwellings, together with one or more “shared-use buildings.”

Minutes:

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 Principal Planning Officer presented the report with accompanying slides of photos and plans of the site from July 2020. He stated that the application had been made with all matters reserved. The proposal of this planning application was to strip all caravans and commercial buildings on the site and replace these existing structures with five detached dwellings and one or more shared-use buildings.

The Principal Planning Officer addressed the flood risk issue, stating that, for the purposes of determining this application, the Environment Agency had accepted the applicants’ Flood Risk Assessment (FRA) which regarded the site as being within Flood Zone 1. However, the Environment Agency has also made it clear that its published Environment Agency Flood Map for Planning remained unchanged, and still showed the site to be within Flood Zone 3. The Principal Planning Officer then presented all other relevant considerations to the Members, including the location surroundings, relevant planning policies applicable to this proposal, and the period of non-use.

The Principal Planning Officer concluded his presentation of the report by stating that he recommended the approval of this planning application subject to the adoption of the “Shadow Habitat Regulations Assessment” produced by Environmental Solutions Limited and subject to the adoption of Conditions 1-20.

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

Councillors Jon Owen, Chris Rowley and Pat Bell as well as Tim Moss, speaking on behalf of the applicants addressed the Planning Committee in favour of the application

The Principal Planning Officer responded to concerns raised during public participation.

The Principal Planning Officer responded to questions raised by Members.

A motion to approve the application with the removal of Condition 5 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.

Members thanked the Planning Officer for a comprehensive report and gave consideration to the application. Lengthy discussion took place during which Members discussed Condition 5 which had been set out in the report.

The motion was lost.

A motion to approve the application subject to all conditions 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 Planning Application No. SL/2019/1032 be approved, subject to the following conditions, including the conditions recommended by the local highway authority, as reworded in the Committee Update:-

Note - Conditions recommended by the highway authority were to be reworded.

a) adoption by the Planning Committee of the “Shadow Habitat Regulations Assessment, Holme House Farm, Skelsmergh, Report Ref. JN00473/D01, produced by Environmental Solutions Ltd. and dated June 2020” to meet the Council’s responsibilities as a competent authority in accordance with The Conservation of Habitats and Species Regulations 2017 (as amended by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019); and

b) the following conditions:

Condition (1) The development hereby permitted shall be carried out in accordance with the following approved plans:

           Location Plan, PP (11)

           New Build Zones, (PP) 03 Rev D;

All other submitted plans have been treated as illustrative only.

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

Condition (2) “Reserved matters” in the context of this application means: (1) access; (2) layout of the entire site (including an overall landscaping strategy); and details of the (3) appearance, (4) scale and (5) landscaping of each individual dwelling or shared-use building hereby approved. The landscaping associated with each individual dwelling or shared-use building means detailed proposals consistent with the overall landscaping strategy.

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

Condition (3) The development to which this permission relates must be begun not later than whichever is the later of the following dates:

a) FIVE YEARS from the date of this permission; or

b) the expiration of TWO YEARS from the final approval of: (1) the access to, and layout of, the entire site (including an overall landscaping strategy); and (2) the appearance, scale and landscaping of at least one of the five dwellings hereby approved

Application for the approval of the reserved matters referred to in b) must be made not later than THREE years from the date of this permission.

REASON: To comply with the requirements of Section 92 of the Town and Country Planning Act 1990.

Condition (4) No development of any individual dwelling or shared-use building shall commence until the reserved matters relating to that individual dwelling or shared-use building have been submitted to, and approved in writing by, the local planning authority.

REASON: To ensure a satisfactory standard of development on site.

Condition (5) The gross internal floorspace of each of the five dwellings hereby approved, together with the cumulative footprints of any other structures erected as permitted development within the curtilage of each dwelling for purposes incidental to the enjoyment of the dwellinghouse pursuant to The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended), or any Order revoking or re-enacting that Order, shall not exceed 140 sq. m. The curtilage of any of the five dwellings hereby approved must lie within the “Blue Zone” or “Red Zone” on drawing (PP) 03 Rev D.

REASON: To ensure that the replacement dwellings do not exceed a size that would compromise the objectives of policy CS1.2 (The Development Strategy) of the South Lakeland Core Strategy.

Condition (6) The shared-use building(s) hereby approved must lie within the “White Zone”, “Red Zone” or “Blue Zone” on drawing (PP) 03 Rev D and shall be limited to a cumulative footprint not exceeding 480 sq.m. Use of the shared-use buildings must be restricted to: (1) shared incidental residential uses reasonably necessary to support any cohousing objectives for all five dwellings hereby approved; and/or (2) shared space for agricultural storage, production and related activities associated with the farming and general management of the land contained within the red and blue lines on drawing (PP) 11.

REASON: To ensure that: (1) any co-housing objectives are adequately supported; and (2) the space dedicated to individual dwellings does not exceed a size that would compromise the objectives of policy CS1.2 (The Development Strategy) of the South Lakeland Core Strategy.

Landscaping

Condition (7) The overall landscaping strategy required by condition 2 shall include: (1) provision for the retention and enhancement of the existing tree belt located between the eastern boundary of the application site (but still within the blue line on drawing PP (11)) and public footpath number 570030; and (2) a maintenance strategy for the landscaping of all the land within the red and blue lines on drawing (PP) 11 for the lifetime of the development. Any further details of landscaping submitted in compliance with condition 2 must accord with the overall landscaping strategy and, thereafter, must be maintained in accordance with the agreed maintenance strategy.

REASON: To safeguard and enhance the character of the area in accordance with policy DM4 (Green and Blue Infrastructure, Open Space, Trees and Landscaping) of the South Lakeland Development Management Policies Development Plan Document.

Condition (8) The development of any individual dwelling or shared-use building shall proceed in accordance with an Arboricultural Impact Assessment and an Arboricultural Method Statement that shall first have been submitted to, and approved in writing by, the local planning authority as part of the reserved matters application for that individual dwelling or shared-use building. The Arboricultural Impact Assessment must assess the potential impact on any of the 47 individual trees and 8 groups of trees identified in the “Tree Locations & Constraints” information submitted with this application. Any trees identified for retention must be included in the details of landscaping for that individual dwelling or shared-use building required by condition 2 and must be protected during the course of development in accordance with the agreed Arboricultural Method Statement.

REASON: To protect existing trees in accordance with policy DM4 (Green and Blue Infrastructure, Open Space, Trees and Landscaping) of the South Lakeland Development Management Policies Development Plan Document.

Accessible and adaptable homes

Condition (9) The dwellings hereby approved shall be constructed to meet the Building Regulations M4(2) standards for accessible and adaptable homes.

REASON: To comply with policy DM11 (Accessible and Adaptable Homes) of the South Lakeland Development Management Policies Development Plan Document.

Broadband

Condition (10) None of the dwellings hereby approved shall be first occupied until connected to the necessary infrastructure to enable access to high speed (superfast) broadband, unless this is 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.

Sustainable construction

Condition (11) Each of the dwellings and shared-use buildings shall be constructed in accordance with a specification produced to accommodate as many of the provisions within the “List of Measures that support and enhance habitat creation, urban greening and respond to the effects of climate change” contained in Appendix 1 of the Development Management Policies Development Plan Document as is reasonably practicable in the circumstances. No development shall commence until the scheme has been submitted to, and approved in writing by, the local planning authority. The scheme can be submitted as part of a relevant reserved matters application as required by condition 2.

REASON: To incorporate measures that support and enhance habitat creation and urban greening ensuring that provision reflects the local biodiversity evidence base and reduces the factors contributing to, and responds to the effects of climate change, in accordance with policy DM2 (Achieving Sustainable High Quality Design) of the South Lakeland Development Management Policies Development Plan Document.

Land contamination

Condition (12) No individual dwelling or shared-use building shall be first occupied until: (1) gas protection measures for that dwelling/building together with a capping system for the garden and other soft landscaping areas within the curtilage of any dwelling, have been installed in accordance with a scheme that shall first have been submitted, and approved in writing by, the local planning authority; and (2) a validation report and statement/certificate from an appropriately qualified person detailing any contamination identified during the construction of that dwelling/building and any remediation undertaken (including material removed in the clearance of the site) has also been submitted, and approved in writing by, the local planning authority. The scheme for gas protection and, where relevant, the capping system can be submitted as part of a relevant reserved matters application as required by condition 2.

REASON: To safeguard human and environmental health in accordance with policy DM7 (Addressing Pollution, Contamination Impact, and Water Quality) of the South Lakeland Development Management Policies Development Plan Document.

Flood risk

Condition (13) The finished ground floor levels of the dwellings and shared-use building(s) hereby approved shall be set no lower than 79.1m AOD.

REASON: To reduce the risk of flooding in accordance with policy CS8.8 (Development and Flood Risk) of the South Lakeland Core Strategy and policy DM6 (Flood Risk Management and Sustainable Drainage Systems) of the South Lakeland Development Management Policies Development Plan Document.

Condition (14) No development of any individual dwelling or shared-use building shall commence until a surface water drainage scheme for that individual dwelling or shared-use building has been submitted to, and approved in writing by, the local planning authority. The scheme must accord with: (1) the principles established in the Level 2 Scoping Study Flood Risk & Drainage Impact Assessment produced by the Flood Risk Consultancy Limited (Report No: 2019-021 Revision B) dated 05 December 2019; (2) the hierarchy of drainage options in the national planning practice guidance, achieving the most sustainable option that is practicable, evidenced by reference to an assessment of site conditions; and (3) the Non-Statutory Technical Standards for Sustainable Drainage Systems (March 2015), or any equivalent replacement standards. The scheme must also include provisions for long-term management. The scheme can be submitted as part of a relevant reserved matters application as required by condition 2. Thereafter, no individual dwelling or shared-use building hereby approved shall be first occupied until it has been connected to the approved surface water drainage scheme. Thereafter, the surface water drainage scheme shall be maintained for the lifetime of the development.

REASON: To promote the use of a sustainable surface water drainage scheme in accordance with policy DM6 (Flood Risk Management and Sustainable Drainage Systems) of the South Lakeland Development Management Policies Development Plan Document.

Foul drainage

Condition (15) No individual dwelling or shared-use building shall be first occupied until it has been connected to a system of foul drainage, the details of which shall first have been submitted to, and approved in writing by, the local planning authority. Foul and surface water must drain to separate systems. The required details can be submitted as part of a relevant reserved matters application as required by condition 2.

REASON: To ensure that the development is supported by the essential necessary infrastructure in accordance with policy DM1 (General Requirements for all development) of the South Lakeland Development Management Policies Development Plan Document.

Biodiversity

Condition (16) Any works of demolition must proceed in accordance with the conclusions and recommendations of the Bat Update Survey Letter Report, Holme House Farm, Skelsmergh, Kendal, produced by Lucy Gibson Consulting and dated 27 May 2020.

REASON: To mitigate the potential impacts on protected species in accordance with policy CS8.4 (Biodiversity and geodiversity) of the South Lakeland Core Strategy.

Condition (17) No development shall commence until a scheme demonstrating that the development will achieve a minimum 10% biodiversity net gain, measured using the Defra Biodiversity Metric 2.0 (or such later version as may be promoted by Defra at the time that the required scheme is submitted), has been submitted to, and approved in writing by, the local planning authority. The required details can be submitted as part of the first reserved matters application submitted in compliance with condition 2. Thereafter, the development shall proceed in accordance with the approved scheme and the net gain shall be maintained for the lifetime of the development.

REASON: To meet the requirements of: (1) policy DM4 (Green and Blue Infrastructure, Open Space, Trees and Landscaping) of the of the South Lakeland Development Management Policies Development Plan Document; (2) paragraph 170 of the National Planning Policy Framework.; and (3) section 40 of the Natural Environment and Rural Communities Act 2006.

Condition (18) No development shall commence until a Construction Environmental Management Plan (CEMP) containing measures to mitigate the impacts of the approved development on protected species and the River Kent Special Area of Conservation (SAC) has been submitted to, and approved in writing by, the local planning authority. The CEMP must include the following:

           A biosecurity protocol, including management measures to deal with invasive species during construction, if a reassessment of the site shows that invasive species are still present.

           Details of an unfenced buffer zone for foraging otters extending back at least 10m from the eastern bank of the River Sprint.

           Identification of areas for the storage of machinery, plant and materials during construction. These areas cannot be within the 10m buffer zone referred to above.

           Details of any temporary construction routes within the 10m buffer zone referred to above. These routes must be specified with a geotextile underlay and an ecologically neutral surface material.

           Pollution prevention measures for the control of noise and dust and to ensure that no waste, including contaminated surface water runoff, generated by construction activities (including the storage or burning of waste) or the remediation of existing pollution (including the removal of asbestos or existing fuel tanks) makes its way directly or indirectly into the River Sprint.

The required details can be submitted as part of the first reserved matters application submitted in compliance with condition 2.

All construction work must proceed in accordance with the approved CEMP. In addition:

           If it is essential for any excavations to be left open overnight then a means of escape should be provided with a plank situated at no more than forty five degrees within the excavation.

           All lighting associated with the construction phase of the project must be directed away from the River Sprint and the associated woodland.

REASON: To mitigate the potential impacts on: (1) the River Kent and Tributaries Site of Special Scientific Interest (SSSI); (2) the River Kent Special Area of Conservation (SAC); and (3) protected species, all in accordance with policy CS8.4 (Biodiversity and geodiversity) of the South Lakeland Core Strategy.

Lighting

Condition (19) No individual dwelling or shared-use building shall be first occupied until any external lighting required for that dwelling/building has been installed in accordance with a scheme that shall first have been submitted, and approved in writing by, the local planning authority. The scheme must include confirmation from a qualified ecologist that it has been designed to minimize harmful impacts on:

(1) the River Kent and Tributaries Site of Special Scientific Interest (SSSI); (2) the River Kent Special Area of Conservation (SAC); and

(3) protected species. The scheme can be submitted as part of a relevant reserved matters application as required by condition 2.

Thereafter, any external lighting shall be maintained in accordance with the approved scheme.

REASON: To mitigate the potential impacts on: (1) the River Kent and Tributaries Site of Special Scientific Interest (SSSI); (2) the River Kent Special Area of Conservation (SAC); and (3) protected species, all in accordance with policy CS8.4 (Biodiversity and geodiversity) of the South Lakeland Core Strategy.

Construction hours

Condition (20) Construction work shall be limited to daylight hours only and never on Bank Holidays nor otherwise outside the hours of 0800 – 1800 Monday to Friday or 0900 – 1300 on Saturdays.

REASON: In the interests of safeguarding the amenity and ecological interest of the existing area in accordance with: (1) policy CS8.4 (Biodiversity and geodiversity) of the South Lakeland Core Strategy; and (2) policies DM4 (Green and Blue Infrastructure and Open Space) and DM7 (Addressing Pollution, Contamination Impact, and Water Quality) of the South Lakeland Development Management Policies Development Plan Document.

Access

Condition (21 None of the dwellings or shared-use buildings hereby approved shall be first occupied until the first 10 metres of the access drive measured from the carriageway edge of the adjacent highway has been surfaced in bituminous or cement-bound materials.

REASON: To maintain highway safety in accordance with policy CS10.2 (Transport impact of new development) of the South Lakeland Core Strategy.

Condition (22) No structure, vehicle or object of any kind shall be erected, parked or placed and no trees, bushes or other plants shall be planted or be permitted to be grown within the visibility splay to the east of the site entrance with Garth Row Lane.

REASON: To maintain highway safety in accordance with policy CS10.2 (Transport impact of new development) of the South Lakeland Core Strategy.

Note – Councillor Gardner left the meeting at this stage in the proceedings (11.50 a.m.).

Note – The Committee voted to adjourn for a break at 11.50 a.m. and reconvened at 11.55 a.m. when a roll call was taken, all Members confirming that they were present, that they were able to see (where practicable) and hear all Members participating in the meeting.

Supporting documents: