Agenda item

PLANNING APPLICATION NO. SL/2020/0908 - Porsche Centre, Longpool, Kendal, LA9 6BX

To consider an application for the demolition of the existing sales garage and redevelopment of the site comprising 55 ‘retirement living apartments’.

Minutes:

The Planning Officer presented Planning Application No. SL/2020/0908, which sought full planning permission for a development of 55 retirement living apartments on the site of the Porsche car centre in Kendal. The Planning Officer highlighted to Members that the site was largely contained within Flood Zone 2, the development was within the boundary of the town, and adjoined the Kendal Conservation Area. The Officer displayed plans and photographs within a presentation, which detailed the proposals.

 

Within the proposed site plan for the new development, on the eastern side there would be three stories and on the northern side of the development, four stories. The site had vehicular access, which connected straight to the A6. Viability assessments had been submitted for the scheme and had been assessed by both the Council and externally.

 

The Planning Officer explained that recent discussions had taken place with the Applicant whereby 15 of the 55 apartments had been volunteered to have a local occupancy clause restriction. The Officer explained that the Committee could propose this as a Condition. 

 

Chris Butt, the Applicant’s Agent, addressed the Committee and spoke in support of the application.

 

The Planning Officer answered questions raised by Members of the Committee. Clarification was sought on the meaning of ‘PAH’ at page 41 of the Report. The Planning Lawyer explained this was an abbreviation of ‘Polycyclic Aromatic Hydrocarbons’. Members discussed the potential affordable housing requirements of the site and highlighted that the applicant had previously made a commuted sum payment on another site where affordable housing could not be provided. Planning Officers explained this would not be viable on this site.

 

Members were concerned with the highway access to the site and the pedestrian crossing. The Planning Officer explained that no comments had been raised by the Highway Authority in relation to safety. Further, a transport assessment had been made which predicted a lower number of vehicles would access the site than previously when the site operated as a Porsche car centre.

 

Members sought clarification from the Planning Officers if there was any scope to increase the number of apartments on the site with a local occupancy restriction. The Team Leader of Development Management suggested to Members that the Committee could propose a Condition with a minimum requirement then Planning Officers could negotiate an increase, at present 27% of the site was subjected to the local occupancy restriction.

 

Members further proposed a condition; this would require the site to have two electric vehicle charging points that could be used by both residents and members of staff.

 

Members thanked the new Planning Officer for her presentation and report, the Chairman endorsed these comments. 

 

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

 

(1)  The installation of two electrical vehicle charging points on the site;

 

(2)  Local occupancy restrictions being imposed on a minimum number of 15 apartments with Planning Officers to endeavour to negotiate a higher number, with an ideal aim to secure 35% of the apartments to be subjected to the restriction; and

 

(3)  The Conditions outlined below:-

Condition (1):       The development hereby permitted shall be commenced before the expiration of THREE YEARS from the datehereof.

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 Act2004.

Condition (2):       The development hereby permitted shall be carried out in accordance with the following approvedplans:

NW-2468-AC-003-005-1 Rev C Proposed Site Layout Plan Received 28 May 2021

NW-2468-AC-003-006-1 Rev B Floor Plans 1 of 2 Received 28 May 2021

NW-2468-AC-003-006-2 Rev B Floor Plans 2 of 2 Received 28 May 2021 NW-2468-AC-003-007 Rev B Roof Plan Received 28 May 2021

NW-2468-AC-003-008-1 Rev A Elevations 1 of 2 Received 28 May 2021

NW-2468-AC-003-008-2 Rev B Elevations 2 of 2 Received 28 May 2021 NW-2468-AC-003-023 Site Elevations Received 28 May 2021

REASON:     For the avoidance of doubt and in the interests of properplanning.

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, render 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- sourcedmaterials.

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 PlanDocument.

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 two of the dwellings shall be constructed to Building Regulations M4(3) wheelchair adaptablestandards.

REASON:            To secure an appropriate level of compliance with Policy DM11of 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 PlanDocument.

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 orabove.

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 NW-2468-AC-003-005-1 Rev C Proposed Site Layout Plan have been constructed and made availablefor.

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 PlanDocument.

Condition (8)        None of the apartments hereby approved shall be first occupied until the precise details of the location and number of disabled parking bays within the site has been submitted to and approved in writing by the Local Planning Authority. The disabled parking bays shall be provided in accordance with the approved details prior to first occupation of thedevelopment.

REASON:            To ensure suitable access and parking arrangements for people with disabilities in accordance with Policy DM1 of the Development Management Policies Development Plan Document and Policy CS10.2 of the South Lakeland Core Strategy.

Condition (9)        None of the apartments hereby approved shall be first occupied until precise details of a means of access for pedestrians to the south of the site has been submitted to and approved in writingby the Local Planning Authority. The pedestrian access shall be constructed in accordance with the approved details and made available for use prior to first occupation of thedevelopment.

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 CoreStrategy.

Construction management

Condition (10): No development shall commence until a Construction Transport 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 andunloading;

·         details of storage areas for construction plant andmaterials;

·         details of measures to control the emission of dust and dirt duringconstruction;

·         measures to control noise and vibration from plant, equipment and procedures during construction, including from any rock pecking andexcavations;

·         confirmation of an embargo on the burning of wastematerial;

·         a scheme for recycling / disposing of waste resulting from excavations;

·         details of a construction lighting scheme, designed to minimise light spillage from the siteboundary;

·         procedures for the cleaning of site entrances and the adjacent publichighway;

·         details of proposed wheel washingfacilities;

·         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 thefootway;

·         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

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 PlanDocument.

Condition (11): 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 Sunday and 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 PlanDocument.

Noise

Condition (12): The development shall not proceed except in accordance with the noise assessment prepared by SRL ‘Noise and Vibration Assessment for Planning’ dated 14/06/2018 and deposited with the Local Planning Authority on 02 December 2020.

The development must ensure that;

·         The glazed elements (including the glazing and frame when fitted) of the façade of the building facing Longpool meet the sound insulation value detailed inTable 6 (33dB glazing

·         The glazed elements (including the glazing and frame when fitted) of all other facades of the building are to meet the sound insulation value detailed inSection

4.0 (30dB glazing).

·         Plant noise shall be limited to a sound rating level of 35dBL at the façade of the nearest noise sensitivereceptor.

All approved control measures shall be implemented prior to first occupation of the building and shall be retained as such thereafter.

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 Chapter2

-   Achieving sustainable development, para 8, Chapter 12 - Achieving well-designed places, para 128 and Chapter 15 - Conserving and enhancing the natural environment –para180.

Condition (13): If residential properties are to be completed and occupied prior to the whole development being finished, a scheme to protect those early occupants from noise and vibration shall be submitted to and approved in writing by the Local Planning Authority prior to first occupation.

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 Chapter2

-   Achieving sustainable development, para 8, Chapter 12 - Achieving well-designed places, para 128 and Chapter 15 - Conserving and enhancing the natural environment –para180.

Land contamination

Condition (14): The remediation scheme shall be implemented in accordance with the approved ‘Section 9.6 Phase 2: Ground Investigation Report Dated 18/09/2017 [Produced by Arc Environmental]’. Within 3 months of the completion of measures identified in the approved remediation scheme, a validation report, including the validation criteria detailed in the approved remediation scheme (that demonstrates the effectiveness of the remediation carried out) must be submitted to the Local Planning Authority

REASON:     These details are required to be approved before the commencement of development to prevent harm to human health and theenvironment in accordance with Policies DM1 and DM7 of the Development Management Policies Development Plan Document and the National Planning Policy Framework - Chapter 15, Conserving and enhancing the natural environment – paras 178 and179.

Condition (15):            In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing within 14 days to the Local Planning Authority and development must be halted on that part of the site.

An assessment must be undertaken and a remediation scheme, together with a timetable for its implementation, must be submitted to and approved in writing by the Local Planning Authority. The measures in the approved remediation scheme must then be implemented in accordance with the approved timetable.

REASON:       These details are required to be approved before the commencement of development to prevent harm to human health and theenvironment in accordance with Policies DM1 and DM7 of the Development Management Policies Development Plan Document and the National Planning Policy Framework - Chapter 15, Conserving and enhancing the natural environment – paras 178 and179.

Flood risk

Condition (16):             a) The development shall not be occupied until a surface water drainage scheme, based on the hierarchy of drainage options inthe NPPG with evidence of an assessment of the site conditions have been submitted to and approved in writing by the Local Planning Authority.

b)   The surface water drainage scheme must be in accordance with the Non-statutory Technical Standards for Sustainable Drainage Systems (March 2015) or any subsequent replacement national standards. In the event of surface water drainaing to the public surface water sewer, the pass forward flow rate to the public surface water sewer must be restricted to max 33l/s for any stormevent.

c)               The development shall not be occupied until the approved [surface water management works have been provided on the site to serve thedevelopment.

d)              Before any dwelling is occupied, a validation report (that demonstrates that the drainage scheme has been carried out in accordance with the approved plan)must   be submitted to the Local Planning Authority. The approved works shall be retained as such thereafter.

 

 REASON: To ensure adequate provision is made for the management of surface water in accordance with Policies DM1, DM6 and DM7 of the Development Management Policies Development Plan Document and Policy CS8.8 of the South Lakeland Core Strategy.

 

Condition (17):            The development shall not proceed except in accordance with the flood mitigation measures as described in Flood Risk Assessment Project Ref:41671/4001 RevA July 2018 prepared by Stantec on behalf of McCarthy and Stone. and deposited with the Local Planning Authority on 02 December 2020.

REASON:                   To ensure adequate provision is made for the management of surface water in flood events in accordance with Policy DM6 of the Development Management Policies Development Plan Documentand Policy CS8.8 of the South Lakeland CoreStrategy.

Landscaping

Condition (18): 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.

Biodiversity

Condition (19): The development shall commence in strict accordance with the recommendations in the approved Biodiversity Assessment Dated May 2021 by RSK Biocensus Ltd. Thereafter the net gain of the development 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.

Condition (20): 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 shall include a layout plan with beam orientation and a schedule of light equipment proposed. The approved scheme shall be installed and fully assessed by a suitably qualified indivisual when operational to ensure no light creep. Thereafter, the lights must be permanently maintained and operated in accordance with the approveddetails.

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

Condition (21): The development shall proceed in accordance with the document ‘Applicant’s Comments upon the 7 key points set out in Appendix 1 of the SLDC DM Policies DPD’ submitted to the Local Planning Authority on 29 July 2021 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.

REASON:            To incorporate measures that support and enhance habitatcreation 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: