Agenda item

PLANNING APPLICATION NO. SL/2020/0310 - KENDAL SKI CLUB, CANAL HEAD NORTH, KENDAL

To consider a proposal for the extension of the existing ski lodge and extension of the existing ski slope at Kendal Ski Club, Canal Head North, Kendal.

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 Planning Officer presented Planning Application No. SL/2020/0310 which sought permission in relation to an extension of the existing ski lodge and an extension of the existing ski slope at Kendal Ski Club, Canal Head North, Kendal. He displayed plans and photographs which outlined the proposal and summarised the application, full details of which were included within his report. The Planning Officer drew Members’ attention to the principal issues which included the proximity of the development to adjacent residential dwellings, the loss of trees during the development phase and hence the lack of screening between the site and the residential area, and the objections received from residents included sound and light pollution.

 

The Planning Officer highlighted that although 25 trees were to be removed, they were to be replaced following the development with 38 trees and further hedgerows. Hence, although there was to be a time during the course of the development that there was to be no screening around the site, this would only be in the short term due to the re-planting of trees and hedgerows. This action was to also better the ecology of the area instead of destroying it, as some complaints alleged.

 

The Planning Officer stated that although the original proposed site plan did not show the dwellings around it, when viewed alongside the other submitted original plans, the landscaping plan and subsequent site plan provided, there was sufficient information about the relation of the site to neighbouring dwellings.

 

The Planning Officer concluded his report by acknowledging the objections he had received from neighbours of the site. Local residents Peter Winter (speaking on the behalf of Kirkbie Green Residents Group), Bob Gibbs and Keith Traill addressed the Committee, on behalf of themselves and other local residents, in opposition to the application. Their primary concern with the application focused on noise and light pollution.

 

Mr John Lowther, the Founder Chairman of Kendal Ski Club, addressed the Committee in support of the application.

 

The Planning Officer responded to concerns raised during public participation. He stated that the original planning permission granted in 1984 had no restrictions and that there would be more control over the operation of Kendal Ski Club following this application by adding restrictions on operational hours. Regarding noise and light pollution, the Planning Officer stated that he had been in contact with Public Protection who raised no objection to the application. The Planning Officer highlighted the fact that full noise assessments and lighting assessments would be carried out prior to the commencement of development. He stated that no objections were raised by Public Protection.

 

The Planning Officer responded to questions raised by Members. He stated that at present there was no lighting scheme, however, this was secured through condition and when such a plan was to be submitted to the Planning Authority, the Authority would consequently consult with Public Protection and other experts to carefully assess it and its impacts on local residents.He further stated that the possible increase of traffic in the area was a matter for County Council Highway Authority, however the Highway Authority did not raise objections to the proposal. He confirmed to Members that the existence of the ski slope predated the residential housing in the area however the ski slope had expanded over time.

 

The Committee requested an amendment to the hours of use of the Ski Slope to 10 a.m. – 9.30 p.m. Monday – Friday, 9.15 a.m. – 8 p.m. Saturdays and 10 a.m. – 8 p.m. Sundays and Bank or Public Holidays to protect the amenity of neighbouring residents. The Committee additionally requested an amendment to the hours of use of the Clubhouse to 9 a.m. – 10.30 p.m. Monday – Friday, 8.15 a.m. – 9 p.m. Saturdays and 9 a.m. – 9 p.m. Sundays and Bank or Public Holidays, to allow for the fitting of ski boots and other necessary preparation.

 

The Committee requested that a condition be added to secure a management plan for the operation of the site to ensure that noise generating equipment such as leaf blowers are not used during antisocial hours, to protect the amenity of neighbouring residents.

 

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

 

RESOLVED – That the application be approved subject to:-

 

(1)  An amendment to the operational hours of the Slope, and Clubhouse and grounds;

 

(2)  A condition requiring the submission of a management plan for the operation of the site;

 

(3)  The conditions outlined below:-

 

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, date received 12/05/2020;

·       Proposed South and West Elevations, date received 13/05/2020;

·       Proposed East Elevation, date received 13/05/2020;

·       Proposed North Elevation Rev 2, date received 26/10/2020;

·       Proposed Club House layout Rev 2, date received 26/10/2020;

·       Proposed Block Plan Rev 2, date received 26/10/2020;

·       Arboricultural Report Rev 2, date received 26/10/2020;

·       Proposed Planting Scheme (AH/AIA/180220-1), date received 19/05/2021.

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

 

Condition (3) The development hereby permitted shall be fully implemented in accordance with the following approved materials details:

Roof – Shingles to match existing

Walls – Wood panelling and local stone to match existing

 

The development shall then be retained as such at all times thereafter.

 

Reason: To ensure the development is of a high quality design in accordance with Policy DM2 of the Development Management Policies Development Plan Document and Policy CS8.10 of the South Lakeland Core Strategy.

 

Condition (4) Prior to the commencement of development, full details of materials of the hereby approved decked area and surrounding balustrade, and ski slope extension shall be submitted to and approved in writing by the Local Planning Authority.

 

Reason: To ensure the development is of a high quality design in accordance with Policy DM2 of the Development Management Policies Development Plan Document and Policy CS8.10 of the South Lakeland Core Strategy.

 

Condition (5) Prior to the commencement of development, full details of landscape works shall be submitted to and approved in writing by the Local Planning Authority.

 

These details shall include:-

·       proposed finished levels or contours

·       means of enclosure

·       hard surfacing materials

·       barriers surrounding the ski slope

The agreed scheme shall be carried out as approved to the agreed timetable.

Reason: To ensure the development is of a high quality design in accordance with Policy DM2 of the Development Management Policies Development Plan Document and Policy CS8.10 of the South Lakeland Core Strategy.

 

Condition (6) Prior to the commencement of development, full details of the proposed ski lift identified within the Proposed Block Plan Rev 2 (date received 26/10/2020) and any associated infrastructure shall be submitted to and approved in writing by the Local Planning Authority.

 

Reason: To ensure the development is of a high quality design in accordance with Policy DM2 of the Development Management Policies Development Plan Document and Policy CS8.10 of the South Lakeland Core Strategy.

 

Condition (7)

The use of ski slope shall not take place other than between the following hours:-

10:00 – 21:30 - Mondays - Fridays.

09:15 – 20:00 - Saturdays.

10:00 - 20:00 Sundays and Bank or Public Holidays.

 

The use of the Clubhouse and grounds shall not take place other than between the following hours:-

09:00 – 22:30 - Mondays - Fridays.

08:15 – 21:00 - Saturdays.

09:00 - 21:00 Sundays and Bank or Public Holidays.

 

Reason: To safeguard the amenity of the neighbouring residents in accordance with Policies DM1 and DM2 of the Development Management Policies Development Plan Document and National Planning Policy Framework Chapter 12, Achieving well-designed places - para 127.

 

Condition (8) Prior to the first use of the hereby approved ski slope extension, the access and parking requirements shall be constructed in accordance with the approved plan. Any such access and or parking provision shall be retained and be capable of use when the development is completed and shall not be removed or altered without the prior consent of the Local Planning Authority.

 

Reason: To ensure a minimum standard of access provision and parking when the development is brought into use. To support Local Transport Plan Policies: LD5, LD7 and Policy DM9 of the Development Management Policies DPD.

 

Condition (9) Prior to the commencement of development, full details of the surface water drainage system (incorporating SUDs features as far as practicable) and a maintenance schedule (identifying the responsible parties) shall be submitted to the Local Planning Authority for approval prior to development being commenced. Any approved works shall be implemented prior to the development being completed and shall be maintained thereafter in accordance with the schedule.

 

Reason: To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution. To ensure the surface water system continues to function as designed and that flood risk is not increased within the site or elsewhere.

 

Condition (10) Prior to the first use of the hereby approved development, the hereby approved Proposed Planting Scheme (date received 19/05/2021) shall be implemented in full. Any trees / shrubs which are removed, die, become severely damaged or diseased within five years of their planting shall be replaced in the next planting season with trees / shrubs of similar size and species to those originally required to be planted unless the Local Planning Authority gives written consent to any variation.

 

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.

 

Condition (11) Prior to the commencement of development, including demolition, a Construction Management Plan shall be submitted to and approved in writing by the Local Planning authority. The Constriction Management Plan shall include the following details:

·       Development contacts, roles and responsibilities

·       Public communication strategy, including a complaints procedure

·       Dust suppression, mitigation and avoidance measures

·       Noise reduction measures, including use of acoustic screens and enclosures,

·       the types of equipment to be used and their hours of operations.

·       Use of fences and barriers to protect adjacent land, footpaths and highways

·       Details of parking and traffic management measures

·       Avoidance of light spill and glare from any floodlighting and security lighting

·       installed

·       Pest control

Reason: To safeguard the amenity of the neighbouring residents in accordance with Policies DM1 and DM2 of the Development Management Policies Development Plan Document and National Planning Policy Framework Chapter 12, Achieving well-designed places - para 127.

 

Condition (12)

a) Prior to the commencement of the development, an assessment of the impact of the proposed development on nearby residential properties shall be submitted to and approved in writing by the Local Planning Authority. The assessment shall address the potential for noise to occur which may impact upon the amenity of the occupier(s) of the property and shall identify fully all measures which are required to control the impact of that noise.

b) All approved control measures shall be implemented prior to first use of the hereby approved development and shall be retained as such thereafter. A verification report shall be submitted to and approved in writing by the Local Planning Authority confirming that all measures in the approved assessment have been implemented in fullprior to first use of the hereby approved development.

 

Reason: These details are required to be approved before the commencement of development to safeguard the amenity of future occupiers of the site in accordance with Policies DM1 and DM7 of the Development Management Policies Development Plan Document and The National Planning Policy Framework Chapter

2 - Achieving sustainable development, para 8, Chapter 12 - Achieving well-designed places, para 128 and Chapter 15 - Conserving and enhancing the natural environment –para 180.

 

Condition (13)

a) A scheme showing all proposed external lighting (including all floodlighting, external building lights and car park lighting) including their operational hoursfor the development shall be submitted to and agreed in writing with the Local Planning Authority prior to development commencing. This shall show the location, number and type of units proposed, their orientation and brightness in lux and proposed hours of operation. It shall also predict the light level in lux to be experienced at surrounding properties.

b) The development shall be carried out in accordance with the approved lighting scheme and retained as such thereafter.

 

Reason: These details are required to be approved before the commencement of development to minimise the visual impact of light on nearby residential properties in accordance with Policy DM2 of the Development Management Policies Development Plan Document and The National Planning Policy Framework Chapter

2 - Achieving sustainable development, para 8 and Chapter 12 - Achieving well-designed places, para 127

 

Condition (14) Prior to the commencement of development, a management plan for the operation of the site shall be submitted to and approved in writing by the Local Planning Authority.

 

The development shall operate in accordance with the approved document at all times thereafter.

 

Reason:        To safeguard the amenity of the neighbouring residents in accordance with Policies DM1 and DM2 of the Development Management Policies Development Plan Document and National Planning Policy Framework Chapter 12, Achieving well-designed places - para 127.

Supporting documents: