Agenda item

Planning application no. SL/2019/0841 - The Courthouse, Burneside Road, Kendal, LA9 4NF

To consider an application for the demolition of existing building and redevelopment to form 64 retirement living apartments for older people (sixty years of age and/or partner over fifty five years of age), guest apartment, communal facilities, access, car parking and landscaping.

Minutes:

The Principal Planning Officer presented Planning Application No. SL/2019/0841 which sought to demolish the existing building and redevelop the site with 64 retirement living apartments for older people (sixty years of age and/or partner over fifty years of age), guest apartment, communal facilities, access, car parking and landscaping. Referring to site plans and photographs, the Principal Planning Officer illustrated the applicant’s proposal and its relationship to the surrounding neighbourhood properties. He stated that although there were considerable constraints and points of contention, given the proposed building’s size, the site benefited from the fact that it was surrounded by dense planting on the North West side.

Note – The Live Stream ended unexpectedly at 10.30. The hearing was adjourned until 10.45. The Live Stream re-commenced at 10.46. The Chairman repeated the introduction to the meeting and a roll call was held. All Members confirmed that they were able to hear and see the proceedings clearly.

The Principal Planning Officer continued where he left off and turned to the issue of flood risk. Referring to site plans and photographs, the Principal Planning Officer outlined the potential flood risk. He highlighted that the proposed site pitched the ground floor of habitable accommodation at a level of 47.90m AOD, marked by the top of a substructure that underpinned the whole building. This level was to ensure that the habitable accommodation was safe from flooding. The Principal Planning Officer turned to the character of the proposed site, stating that the existing Magistrates Court was a quite unobstrusive structure, and that the site and surrounding gateway location of Burneside Road could benefit from a more assertive building. The Principal Planning considered the landscaping aspects of the proposal. He highlighted that the strong belt of existing planting was to remain unchanged for the most part. The Principal Planning Officer stated that surrounding propoerties had comfortable relationships with the proposal. He noted that the relationships between the residential buildings on Dockray Road and the site are much narrower, however, after having undertaken additional daylight assessments, the site passed the BRE test and with the combination of the belt of dense planting, the relationship between the buildings on Dockray Road and the site had been deemed as acceptable by Officers. The Principal Planning Officer acknowledged that one of the greatest public contentions regarding the proposal was the issue of parking. He noted that there was already a great deal of pressure on Dockray Road in particular and he fully accepted the comments made by the public regarding possible congestion issues. He also made reference to the National Cycle Network and Public Rights of Way.

The Principal Planning Officer recommended the application for approval, subject to:

a)  adoption by the Planning Committee of the “Habitat Regulations Assessment Report, Tyler Grange, Report Number: 12519_R02a_GP_LP, 27 September 2019” 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) conditions.

Simon Cater, representing the applicant, addressed the Planning Committee in favour of the application. He stated that there had been no objection to the application from the Town Council and that the applicant had worked with the Council and two independent assessors in preparation of this Planning Application. He stated that the site was well located for retirement homes and that there was a need for housing for older people, which this development would contribute to fulfilling. He stated that in fact housing for older people was ranked nationally as being in ‘critical need’ and that it was the only form of housing which held such description. He stated that the application was a great opportunity to provide housing for older people, which would free up existing housing for young families. It would also contribute to reduce NHS spending due to a reduction in health challenges. He concluded his representation stating that the site was well positioned to provide housing for older people due to its close proximity to the high-street in Kendal.

The Principal Planning Officer responded to questions raised by Members, many of which related to the lack of affordable housing in the scheme. The Principal Planning Officer directed Members to the detailed analysis in the report and offered some further explanation in respect of the benchmark land value that had been established for the scheme and the variables relating to finance and profit that were so critical in determining the potential for a contribution towards affordable housing. He also responded to a question about the significance of the recent High Court case in Islington, explaining that the judgment effectively reinforced the approach to establishing a benchmark land value that had been adopted by the various consultants employed to comment on the current application.  

Members thanked the Principal Planning Officer for a well written report and gave consideration to the application. 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:-

a) adoption by the Planning Committee of the “Habitat Regulations Assessment Report, Tyler Grange, Report Number: 12519_R02a_GP_LP, 27 September 2019” 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 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:

·         PLANNING - Site Plan – ROOF (41+23) 64 Option, 30044KD-P002 Revision C

·         PLANNING - Site Plan - GRND FLOOR (41+23) 64 Option, 30044KD-P003 Revision C

·         PLANNING - Ground Floor Plan, (41 + 23) 64 Option, 30044KD-P004 Revision B

·         PLANNING – First Floor Plan (41 + 23) 64 Option, 30044KD-P005 Revision B

·         PLANNING – Second Floor Plan (41 + 23) 64 Option, 30044KD-P006 Revision A

·         PLANNING – Third Floor Plan (41 + 23) 64 Option, 30044KD-P007 Revision A

·         PLANNING – Roof Plan (41 + 23) 64 Option, 30044KD-P008 Revision A

·         PLANNING – North West Elevation, (41 + 23) 64 Option, 30044KD-P009 Revision B

·         PLANNING – North East Elevation, (41 + 23) 64 Option, 30044KD-P0010 Revision B

·         PLANNING – South East Elevation, (41 + 23) 64 Option, 30044KD-P0011 Revision B

·         PLANNING – South West Elevation, (41 + 23) 64 Option, 30044KD-P0012 Revision B

·         PLANNING - Substructure Layout, (39 + 25) 64 Option, 30044KD-P0013 Revision A

·         PLANNING - Section A-A & C-C, 30044KD-P014, Revision A

·         PLANNING - Section B-B & D-D, (39 + 25) 64 Option, 30044KD-P0015 Revision A

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

External materials

Condition (3): External walls and roofs shall be finished in accordance with the materials shown on the approved plans, and in accordance with stone and slate specifications that shall first have been submitted to, and approved in writing by, the local planning authority. Notwithstanding any annotations to the contrary on the approved plans, all stone and slate must comprise natural, locally-sourced materials.

REASON: To ensure compliance with: (1) policies CS8.6 (Historic Environment) and CS8.10 (Design) of the South Lakeland Core Strategy; and (2) policies DM1 (General Requirements for all development), DM2 (Achieving Sustainable High Quality Design) and DM3 (Historic Environment) of the South Lakeland Development Management Policies Development Plan Document.

Accessible and adaptable homes

Condition (4): All of the apartments hereby approved shall be constructed to meet the Building Regulations M4(2) standards for accessible and adaptable homes and three of the dwellings shall be constructed to Building Regulations M4(3) wheelchair adaptable standards.

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

Broadband

Condition (5): No individual apartment hereby approved shall be first occupied until connected to the necessary infrastructure to enable access to high speed (superfast) broadband.

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

Highways

Condition (6): Occupation of the apartments (excluding any on-site staff) shall be restricted at all times to people of 60 years of age and above, or those of at least 55 years of age and living with a spouse or partner of 60 years or above.

REASON: To ensure that predicted traffic trip generation rates and parking demand are adhered to, in the interests of ensuring highway safety and to safeguard the amenity of the existing area in accordance with: (1) policy CS10.2 (Transport impact of new development) of the South Lakeland Core Strategy; and (2) policies DM7 (Addressing Pollution, Contamination Impact, and Water Quality) and DM9 (Parking Provision, new and loss of car parks) of the South Lakeland Development Management Policies Development

Plan Document.

Condition (7): None of the apartments hereby approved shall be first occupied until the parking, access and manoeuvring areas shown on approved drawing PLANNING - Site Plan - GRND FLOOR (41+23) 64 Option, 30044KD-P003 Revision C have been constructed and made available for. Thereafter, all parking, access and manoeuvring areas must be retained as approved for the lifetime of the development.

REASON: To maintain highway safety in accordance with: (1) policy CS10.2 (Transport impact of new development) of the South Lakeland Core Strategy; and (2) policies DM1 (General Requirements for all development) and DM9 (Parking Provision, new and loss of car parks) of the South Lakeland Development Management Policies Development Plan Document.

Construction management

Condition (8): No development shall commence until a Construction Environment Management Plan (CTMP) has been submitted to and approved in writing by the local planning authority. The CTMP shall include:

  • details of designated areas for construction vehicle parking, maneuvering, loading and unloading;
  • details of storage areas for construction plant and materials;
  • details of measures to control the emission of dust and dirt during construction;
  • measures to control noise and vibration from plant, equipment and procedures during construction, including from any rock pecking and excavations;
  • confirmation of an embargo on the burning of waste material;
  • a scheme for recycling / disposing of waste resulting from excavations;
  • details of a construction lighting scheme, designed to minimise light spillage from the site boundary;
  • procedures for the cleaning of site entrances and the adjacent public highway;
  • details of proposed wheel washing facilities;
  • procedures for the sheeting of all HGVs taking spoil to/from the site to prevent spillage or deposit of any materials on the highway;
  • management of junctions to and crossings of the public highway including the footway;
  • details of any proposed temporary access points (vehicular / pedestrian);
  • details of surface water management during the construction phase;
  • details of any mitigation needed to prevent interference with public rights of way throughout the duration of the construction phase; and
  • a biosecurity protocol to protect the adjacent River Kent SSS/SAC.

Thereafter, the construction phase of the development shall proceed in accordance with the approved CTMP.

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.

Condition (9): Construction work shall not take place outside the hours of 0800 – 1800 Monday to Friday or 0900 – 1300 on Saturdays, nor at any time on bank holidays.

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.

Noise

Condition (10): No individual apartment hereby approved shall be first occupied until a validation report has been submitted to, and approved in writing by, the local planning authority confirming that ambient noise levels do not exceed: (a) 35dB LAeq 16hour within the apartment’s living room(s) and bedroom(s); and (2) do not exceed 30dB LAeq 8hour within the apartment’s bedroom(s) between the hours of 2300 and 0700.

REASON: In the interests of safeguarding the amenity of the proposed apartments in accordance with policy DM7 (Addressing Pollution, Contamination Impact, and Water Quality) of the South Lakeland Development Management Policies Development Plan Document.

Land contamination

Condition (11): No development shall commence until a Phase Two Geo Environmental Site Assessment has been submitted to, and approved in writing by, the local planning authority. Thereafter, the development shall proceed in accordance with the recommendations of the approved Assessment. None of the apartments hereby approved shall be first occupied until a Validation Report, detailing the nature of any contamination found during development and any relevant remediation works undertaken, has been submitted to, and approved in writing by, the local planning authority.

REASON: In the interests of safeguarding the amenity of the proposed apartments 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 (12): None of the apartments hereby approved shall be first occupied until the surface water drainage infrastructure for the site has been completed in accordance with the details contained within the Stantec Flood Risk Assessment (Project Ref: 30481/4093/4001, Rev: 1, dated September 2019), as amended by the Stantec Drainage Impact Assessment (Project Ref: 30481/4093, Doc Ref: C, dated January 2021). The geocellular tanks shall be lined with membranes complying with a specification that shall first have been submitted to, and approved in writing by, the local planning authority. Once installed, the membranes shall be integrity tested, with records made of leakage rates and any remediation. The surface water drainage infrastructure shall not been deemed complete until the results of the integrity testing have been submitted to, and approved in writing by, the local planning authority. Thereafter, the approved surface water drainage infrastructure shall be maintained for the lifetime of the development in accordance with the approved details.

REASON: To reduce the risk of flooding and to promote the use of a sustainable surface water drainage scheme 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 (13): No development shall commence until a maintenance scheme for the flood water voids shown on approved drawing PLANNING - Substructure Layout, (39 + 25) 64 Option, 30044KD-P0013 Revision A has been submitted to, and approved in writing by, the local planning authority. Thereafter, the voids shall be maintained for the lifetime of the development in accordance with the approved scheme.

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.

Landscaping

Condition (14): No development shall commence until a soft landscaping scheme has been submitted to, and approved in writing by, the local planning authority. The scheme shall include details of: (i) planting plans; (ii) existing vegetation to be retained; (iii) written specifications and schedules of proposed plants noting species, planting sizes and proposed numbers/densities; (iv) an implementation timetable; and (v) a schedule of landscape maintenance proposals for a period of not less than five years from the date of completion of the scheme. Thereafter, the approved landscaping scheme shall be implemented and maintained in accordance with the agreed details and timetables.

REASON: To safeguard and enhance the character of the area in accordance with policy LA1.3 of the South Lakeland Land Allocations Development Plan Document and policy DM4 (Green and Blue Infrastructure, Open Space, Trees and Landscaping) of the South Lakeland Development Management Policies Development Plan Document.

Condition (15): No development shall commence until the tree protection measures specified in the Arboricultural Assessment & Method Statement (produced by Barrell Tree Consultancy, dated 27 January 2021) and shown on the associated Tree protection plan (Barrell Plan Ref: 19143-4 (Based upon Layout 30044KD-P002 Rev C)) have been fully installed. Thereafter, the tree protection measures shall be retained for the duration of all construction work and that work shall proceed in accordance with the other requirements of the Arboricultural Assessment & 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.

Biodiversity

Condition (16): No development shall commence until a scheme demonstrating that the development will achieve a 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. 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 (17): The demolition of the main court building shall proceed in accordance with the recommendations of the submitted Bat Survey Report, produced by Tyler Grange and dated 27th September 2019.

REASON: To ensure that protected bat species are afforded the necessary legal protections during demolition.

Condition (18): None of the apartments hereby approved shall be first occupied until an information pack to be made available to future residents, highlighting the significance and sensitivity of The River Kent Special Area of Conservation (SAC), has been submitted to, and approved in writing by, the local planning authority. Thereafter, the information pack shall be made available to all future residents for the lifetime of the development.

REASON: To reinforce compliance with policy CS8.4 (Biodiversity and geodiversity) of the South Lakeland Core Strategy.

Lighting

Condition (19): None of the apartments hereby approved shall be first occupied until any required external lighting 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.

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.

Sustainable construction

Condition (20): The development shall proceed in accordance with a scheme incorporating 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.

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.

Supporting documents: