Decisions

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Decisions published

28/10/2021 - Planning Application No.SL/2021/0883 - 61 Scafell Drive, Kendal, LA9 7PE ref: 4657    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 28/10/2021 - Planning Committee

Decision published: 19/11/2021

Effective from: 28/10/2021

Decision:

The Senior Specialist (Development Management) presented the application on behalf of Simon Lloyds, the Case Officer for the application. The application sought permission for the construction of a single storey front, side and rear extension at No. 61 Scafell Drive, Kendal, LA9 7PE. The main issue for Members to consider was whether the proposal would have a significant impact on the visual and residential amenity of the area. The application was reported to the Planning Committee as the applicant was a member of staff. This was in accordance with the Council’s Constitution and the Scheme of Delegation. The Specialist highlighted to Members on the opposite side of the application there were many other properties with similar extensions.

 

Kendal Town Council made an objection to the application and had commented on the visual design of the extension and concern for construction access requirements due to the closeness of the neighbouring property. The Specialist clarified that any issues relating to impact on party walls or access for construction was a civil legal matter and was not a material planning consideration.

 

Members’ sought clarification if there was a requirement to have extra noise insulation if the extension were to be living accommodation instead of a garage. The Specialist clarified that this would be addressed through building control, and noted that the application was intended to be for the use of a garage at the front and a utility room and WC that was not likely to promote any noise issues.

 

One Member requested that the outline of the old building be provided in order to demonstrate the existing structure, and the new, and that this should be provided for all future applications. The specialist highlighted where this was shown on the plans submitted.

 

On the subject of net biodiversity gain, Members considered that this application gave the impression that it had more of an impact on the environment than the previous application (Minute No. P/27 Planning Application No. SL/2021/0764). Despite the replacement or remedy being the same in respect to net biodiversity gain. Members sought clarification if there was an opportunity to request additional biodiversity gain.

 

The Senior Specialist explained to Members how the Council applied Policy DM4 in relation to householder applications and appreciated that more clarity was required in this area and would need to be considered more widely as part of the Local Plan review.

 

The Chairman stated that if a biodiversity gain was to be expected then the Council should be confident that we were indeed receiving a gain. He stressed that the construction would be impacting on the environment considerably and that the measure was not proportionate; but he did take on board the comments of the Senior Specialist. He undertook to follow this point up with the relevant Portfolio Holder.

 

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

 

RESOLVED – That the application be approved subject to:-

 

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 and Block Plan, Drawing No. SB-2157-01 Rev A,

Proposed Floor Plans and Elevations, Drawing No. SB-2157-03 Rev A

                        As received by the Local Planning Authority 13th October 2021

 

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

 

Condition (3)  The materials to be used in the construction of the external surfaces of the extension hereby permitted shall match those used in the existing building and shall be retained as such thereafter unless otherwise agreed in writing with the Local Planning Authority.

 

Reason:      To ensure the extension respects the design of the parent building 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)   The extension hereby approved shall not be first occupied until the bird nest box shown on the Location and Block Plan, Drawing No. SB-2157-01 Rev Areceived 13 October 2021 has been installed under the north elevation eaves of the original dwelling. Thereafter, the approved bird nest box shall be retained for the lifetime of the development, replaced on a like-for-like basis as necessary.

 

Reason           To ensure net biodiversity gains in accordance with Policies DM1 & DM4 of the Development Management Policies Development Plan Document and Policies CS1.1 & CS8.4 of the South Lakeland Core Strategy.

 

Condition (5) Prior to first occupation of the extension hereby permitted, surface water from the extension shall be connected to drain into the existing soakaway system, unless otherwise agreed in writing with the Local Planning Authority. The surface water drainage system shall be retained and maintained at all times thereafter.

 

Reason:          To ensure that surface run off is managed at the site to ensure that it reduces the potential for flooding and reduces the transfer and discharge of water elsewhere in accordance with Policy DM6 of the Development Management Policies Development Plan Document.


28/10/2021 - Planning Application No.SL/2021/0764 - 24 Castle Oval, Kendal, LA9 7DB ref: 4656    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 28/10/2021 - Planning Committee

Decision published: 19/11/2021

Effective from: 28/10/2021

Decision:

The Senior Specialist (Development Management) presented the application on behalf of Simon Lloyds, the Case Officer for the application. The application sought permission to demolish an existing conservatory and rear extension and to erect a rear extension measuring 5.35m x 3.71m at No. 24 Castle Oval, Kendal, LA9 7BD.

 

The application was reported to the Planning Committee as the applicant was a member of staff. This was in accordance with the Council’s Constitution and the Scheme of Delegation. Members were asked to note the existing fencing to the neighbouring property and the neighbour’s conservatory. The main issue for Members to consider was whether the proposal would have a significant impact on the visual and residential amenity of the area. The net gain for biodiversity was a proposal for a bird box on site.

 

Kendal Town Council made a representation that the net biodiversity gain was insufficient with a single bird box and that the positioning of the box should ensure their location was appropriate to achieve an actual net biodiversity gain. It was considered that the bird box would be more successful if located at eaves level and the applicant was agreeable to this. An amended plan was submitted to evidence this. It was considered that the proposed measures were an appropriate net biodiversity gain in context of the development proposed.

Members sought clarification if the Council had a policy with regards to what proposals applicants needed to make to produce a net biodiversity gain. The Senior Specialist stated that small gains were advised for applications such as the one being considered. However, for minor applications the small site DEFRA metric is applied and on major applications the DEFRA metric 3.0 is applied. For residential properties, applicants are requested to include small scale mitigation measures such as erecting bat or bird boxes or planting a fruit tree or flowering plants. The Planning Team Lead reiterated that there was a list as set out in Policy DM4 however the key point, for householder development, was proportionality.

 

A motion was proposed and seconded and that it was

 

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

 

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:

 

                        Exisiting and Proposed Floor Plans and Elevations, Location and Site Plan: Drawing No. A1.SG.07.21 Rev 1

                        As received by the Local Planning Authority 12 October 2021

 

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

 

Condition (3)   The development hereby permitted shall be constructed of the materials details of which are shown on Drawing No. A1.SG.07.21 Rev 1, received 12 October 2021. The approved materials shall be retained thereafter, unless otherwise 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 (4)   The extension hereby approved shall not be first occupied until the bird nest box shown on the Existing and Proposed Floor Plans and Elevations, Location and Site Plan: Drawing No. A1.SG.07.21 Rev 1, received 12 October 2021 has been installed. Thereafter, the approved bird nest box shall be retained for the lifetime of the development, replaced on a like-for-like basis as necessary.

 

Reason           To ensure net biodiversity gains in accordance with Policies DM1 & DM4 of the Development Management Policies Development Plan Document and Policies CS1.1 & CS8.4 of the South Lakeland Core Strategy.

 

Condition (5) Prior to first occupation of the extension hereby permitted, a soakaway and rainwater harvesting butts shall be fully installed as shown on the Existing and Proposed Floor Plans and Elevations, Location and Site Plan: Drawing No. A1.SG.07.21 Rev 1, received 12 October 2021. Surface water from the roof of the extension shall be directed to the soakaway and rainwater harvesting butts. Thereafter, the approved soakaway and rainwater harvesting butts shall be retained for the lifetime of the development.

 

Reason:          To ensure that surface run off is managed at the site to ensure that it reduces the potential for flooding and reduces the transfer and discharge of water elsewhere in accordance with Policy DM6 of the Development Management Policies Development Plan Document.


28/10/2021 - Planning Application No.SL/2019/0743 - Land North of Meadowbank Business Park, Shap Road, Kendal, LA9 6NY ref: 4654    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 28/10/2021 - Planning Committee

Decision published: 19/11/2021

Effective from: 28/10/2021

Decision:

The Principal Planning Officer presented Planning Application SL/2019/0743 which sought planning permission for a motor dealership including workshops, access roundabout, spine road and internal compartmentation area access junctions.

 

The Officer brought to the Members attention the supplementary Addendum Report which considered the late representations made against the application. The application site had been allocated within the Land Allocations DPD Policy LA1.8 (Local Employment Allocations). The Policy listed the “Acceptable Uses” for the site as those that fell within Classes B1 (Business) and B2 (General Industrial). The application being considered by the Committee was outlined in red on the displayed Plan.

 

The proposal was a hybrid application, part full and part outline scheme. The full element proposed a motor dealership with associated structures, together with an access roundabout on to the A6 and a new estate road. The site proposal included seven separate car parking areas which would provide a total of 333 spaces. The elevated building had an element of green wall that would face the South East approach. The Planning Officer presented two drawings of a KIA motor dealership that demonstrated the company’s corporate colours as an example to Members.

 

One of the key considerations of the application was access. The new roundabout formed part of the full application on Shap Road and the new estate road would provide access to the new indicative plots. There were concerns from local residents who had access on the East side of Shap Road, namely, Summerhow House and the private agricultural access for Beck Mills Farm. The representations, which referred to the issues with access, were detailed in the Officer’s Addendum Report. The Principal Planning Officer also clarified that these issues were given consideration during the site visit.

 

Despite no objections being received from the Highway Authority, following the further objections being received from the public, the Planning Officer approached the Highway Authority in order for further consideration to be given to the agricultural access issues. However, no further comments or objections were received. The Planning Officer had asked the applicant to use a tracking diagram, a picture was presented to the Committee which demonstrated the change within the roundabout which allowed for improved tractor and trailer access. The reconfigured access meant the geometry of the roundabout would improve access which in turn would slow the traffic speed. The Planning Officer presented to Members a photograph provided by the applicant which evidenced that the verge, adjacent to the entrance for the agricultural land, was being  driven on, demonstrating that vehicles were having to take the entrance at a wider angle, suggesting that the current access was not convenient or easily accessible.

 

The Officer also discussed the Kendal Northern Access Route. Cumbria County Council had received funding from the Department of Transport to complete an Outline Business Case for a Kendal Northern Access Route. Within the Cumbria County Council report there was an indication for a preference for a Northern route option. The Officer explained this was a nebulous position, the prospect of a bypass would not be a reasonable basis to refuse or delay the application. The Officer explained that County officials were aware of the options appraisal and no objections were raised.

 

The public right of way (Public Footpath No.536002) started from the site frontage with the A6 before doglegging across the application site, hugging the South-East and North-East boundaries before crossing the private road to Gilthwaiterigg and continuing northwards. A suggestion was made by the applicant to divert the path up another route to Gilthwaiterigg Farm.

 

The County Council’s Countryside Access Officer had described this suggestion as “positive”, but had highlighted the fact that a formal footpath diversion would be required. As a Planning authority, the Committee were reminded only to note this point as the footpath diversion would be handled by a separate legal process. 

 

Resolving flood risk had caused some delay in the application reaching the Planning Committee. Following concerns raised by the Lead Local Flood Authority, the applicant conducted some thorough investigations which confirmed that ground infiltration would be an acceptable drainage solution for the site. The proposals put forward by the applicant were acceptable in principle, albeit with some concerns over the capacity of the Geocellular Soakaways/SuDS Crates. But the Lead Local Flood Authority was happy that these concerns could be resolved via a condition.

 

Natural England were satisfied that the additional planting within the scheme and green walls and roofs would achieve a biodiversity net gain on the site, the details of which would be refined by an ecological strategy document to be submitted in compliance with Condition 8. Within the Addendum report, Natural England were confident that a gain can be achieved by incorporating enhancement proposals to three additional off-site areas of land nearby. This was the objective behind the section 106 clause currently recommended at paragraph 7.1 (a) (i) within the Officer’s Report.

 

The Principal Planning Officer confirmed to the Chairman that there were no other material considerations that were not addressed in the Report or Addendum Report nor his presentation and welcomed questions from Members.

 

Members gave consideration to the Kendal town boundary signage and noted that the new development would be the first sight for persons entering the town. . Suggestions were made to consult Kendal Town Council on the possible move of the signage to be placed in a more appropriate position. The Planning Officer undertook to pass these comments on.

 

A Member requested that another footpath be installed on the West side of the A6 road giving the access to the town. However, it was clarified that the Cumbria County Council’s position was to build a footpath on the East side of the A6 and it would be unreasonable for the developer to build an additional footpath.

 

Members gave consideration to the design proposal of the site and red colouring. The Officer explained that the site allocation was for B1 and B2 uses which tended not to be the most appealing of buildings, such as a standard industrial unit design. The Principal Specialist (Development Management) clarified that if the site were to be used for industrial sheds the green roofs and walls elements would not be enforceable on the site.

 

Members sought clarification on enforcing a condition of the height and maintenance of the planting. The Principal Planning Officer explained it would be difficult to enforce a condition on height, nonetheless the Officer confirmed he would inform the applicant of the points raised. The Principal Specialist (Development Management) referred Members to Condition 7 (iii), the written specifications and schedules of proposed plants. This was a standard condition with flexibility whereby height could be created in terms of vegetation. At the point of discharge of Condition 7 the Planning Officers could ensure these points were applied.

 

Members gave consideration to the public right of way and the diversion route. However, the Principal Planning Officer clarified this would be dealt with by Cumbria County Council. He also expressed his confidence in the Highway Authority in ensuring high standards for the configuration of the roundabout and cycle route. The applicant was required to pay for the roundabout and any associated works therefore if any improvements were required the applicant would cover these costs.

 

Members gave consideration to the emissions of the development and the use of building materials. The standard condition was for the development to achieve sustainable levels, nothing in the development policies stated that the development had to be carbon neutral. The only point that could be insisted upon was the development being sustainable as per the BREEAM conditions which required a standard of excellence. Within the BREEAM measure of sustainability there was nothing to suggest carbon neutrality. However, the Officer stated this may change over time but this was not a requirement at present.

 

A motion to defer the planning application until the design proposal issues were addressed was proposed and debated by Members. Members discussed their dissatisfaction with the bright KIA red colouring. However, consideration was given to the fact that ultimately the design was common for a motor dealership and the site could have been developed into dull industrial units. The majority of Members considered a deferral to be disproportionate and therefore the motion ultimately was not carried upon a vote.

 

A new motion was proposed to grant approval of the application with a requirement to reduce the red colouring on the car dealership by extending the green wall or to have the grey colouring raised higher on the front facing motor dealership wall. Members debated as to the extent of the red colouring to be removed.

 

The Principal Planning Officer sought clarification from Members that all aspects of red on the green wall area were to be removed and that if anything was unachievable with the developer, the application would be brought back to the Committee.

 

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

 

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

 

A significant reduction in the extent of the red cladding on the north-east facing wall of the showroom as outlined within the design proposal being negotiated with the developer; and

 

(1)  The Conditions outlined below:-

a.    A section 106 agreement (including Cumbria County as a signatory) to secure the following:

Biodiversity net gain

                                              i.        No development of the “outline” component of the planning permission shall commence until a scheme demonstrating an associated minimum 10% biodiversity net gain, incorporating the three off-site parcels of land contained with the submitted Biodiversity Statement, has been submitted to, and approved in writing by, the local planning authority. The biodiversity net gain shall be calculated using Natural England’s Biodiversity Metric 3.0, or such other Metric as shall have been adopted in its place by the time the scheme is submitted. The scheme must include: (1) a timetable for implementing the proposals; and (2) proposals for the management in perpetuity of any areas contributing to the overall biodiversity net gain.

Extension of the 30mph speed limit on Shap Road (A6)

                                             ii.        Agreement between the developer and the local highway authority over the implementation of a Traffic Regulation Order (TRO) to extend the existing 30mph on Shap Road (A6) further north, with all associated costs to be covered by the developer.

Travel Plan monitoring

                                            iii.        A contribution of £6,600 to be paid by the developer to the local highway authority to fund the monitoring of the final Travel Plans

b.    And the following conditions:

 

Condition (1):       Development on that part of the site identified as “the Full Application” on Proposed Site Layout, HT1324.1.101 P01, Revision B is hereinafter referred to as “the Full Permission”.

                             Development on that part of the site identified as the “Outline Planning Application all matters reserved” on Proposed Site Layout, HT1324.1.101 P01, Revision B is hereinafter referred to as “the Outline Permission”.

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

 

THE FULL PERMISSION

Condition (2):       The development to which the Full Permission relates 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 (3):       The development to which the Full Permission relates shall be carried out in accordance with the following approved plans:

·                     SITE LOCATION PLAN, HT1324.1.100 P01

·                     PROPOSED SITE LAYOUT, HT1324.1.101 P01, Revision B, 07 November 2019

·                     PROPOSED KIA SHOWROOM, HT1324.1.102 P01, Revision C, 14 September 2021

·                     Proposed Pre-Owned Vehicle Sales Office, HT1324.1.103 P01, 09 September 2019

·                     Roundabout Detail, HT13241.1.105 P01, 10 January 2020

·                     Kia Carwash and Shelter Buildings, HT1324.1.111 P01, 28 April 2020

·                     Kia Detailed Drainage Plan, HT1324.1.113 P05, P01,

·                     Cut and Fill, HT1324.1.109 P01,

·                     Landscape Masterplan, 1100-2_700, Revision 1, 20 April 2020

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

External materials

Condition (4):       Unless agreed otherwise in writing by the local planning authority, the external walling and roofing materials for the buildings approved by the Full Permission shall be as specified in the application form and in the approved plans detailed above. Where relevant, the external walling and roofing materials are approved as a foundation for the green walls and roofs indicated on approved drawing HT1324.1.102 P01, Revision C and referred to further in condition 7.

Parking

Condition (5):       The motor dealership approved in the Full Permission shall not commence trading until the parking shown on HT1324.1.102 P01, Revision C, including the 38 electric vehicle charging points, has been constructed and made available for use.

Reason:               To ensure the timely provision 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.

Travel plan

Condition (6):       Within 6 months of the development approved by the Full Planning Permission opening for business, a Travel Plan for the ongoing business shall be submitted to the local planning authority for its approval. The Travel Plan shall: (1) identify targets for a modal shift from the use of private cars to sustainable transport modes for those visiting the development; (2) set out measures to achieve those targets; and (3) include a timetable for implementation. The timetable must include provision for the submission of an annual written report to the local planning authority (for the agreed lifetime of the Travel plan) reviewing the effectiveness of the Travel Plan to date and setting out any necessary amendments to the prevailing measures in order to achieve the agreed targets. Thereafter, the Travel Plan shall be implemented in accordance with the agreed targets, prevailing measures and timetable. The prevailing measures shall be those set out initially or as may subsequently have been agreed in writing by the local planning authority following each annual review.

Reason:               To encourage the use of more sustainable modes of transport.

Landscaping

Condition (7):       No development associated with the Full Permission shall commence until there has been submitted to, and approved in writing by, the local planning authority a detailed soft landscaping scheme based upon: (i) the principles established in the submitted Landscape Masterplan, 1100-2_700, Revision 1; (ii) the green walls and roofs shown on drawing HT1324.1.102 P01, Revision C; and (iii) mitigation / recommendations in section 7 of the submitted Ecological Appraisal (Report Reference 5220) produced by Envirotech Ecological Consultants and dated June 2019. 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) any essential external lighting; (v) an implementation timetable; and (vi) a schedule of landscape maintenance proposals for a period of not less than thirty 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 DM4 (Green and Blue Infrastructure, Open Space, Trees and Landscaping) of the South Lakeland Development Management Policies Development Plan Document.

Biodiversity

Condition (8):       No development associated with the Full Permission shall commence until an ecological strategy document, prepared by a qualified ecologist, has been submitted to, and approved in writing by, the local planning authority. The document shall set out a strategy for the provision of biodiversity improvements within that part of the site covered by the Full Permission, reflecting the mitigation / recommendations in section 7 of the submitted Ecological Appraisal (Report Reference 5220) produced by Envirotech Ecological Consultants and dated June 2019. The strategy must link to the detailed landscaping scheme required by condition 7 and must include a schedule of maintenance proposals for a period of not less than thirty years from the date of completion of the development. Thereafter, the improvements shall be implemented and maintained in accordance with the approved strategy.

Reason:               To contribute towards the net gain in biodiversity  required by: (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.

Tree protection

Condition (9):       No development associated with the Full Permission shall commence until there has been submitted to, and approved in writing by, the local planning authority a method statement detailing measures for the protection of: (1) the existing trees to be retained outside of, but abutting, the application site; and (2) all existing hedges to be retained on the boundary of the application site, all as marked on Landscape Masterplan, 1100-2_700, Revision 1. The method statement shall include both physical protection measures and a schedule of working practices. No development associated with the Full Permission shall commence until all approved physical protection measures have been put in place. Thereafter, the physical protection measures shall be retained for the duration of the construction phase of the development and all work shall proceed in accordance with the approved schedule of working practices.

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.

Land contamination

Condition (10):     Once the construction of the development associated with the Full Permission is complete, the approved use shall not commence until a validation report and statement (in respect of land contamination) prepared by a competent person shall have been submitted to, and approved in writing by, the local planning authority. Referring to: (1) the Phase 1 Desk Study Report (October 2019); and (2) Phase 2 Interpretative Ground Investigation Report, Insight Geo (September 2019) submitted in support of this application, the validation report and statement shall detail all contamination found during the construction process and all necessary remediation undertaken.

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

Noise

Condition (11):     For the development approved by the Full Permission, all vehicle repairs and servicing shall be carried out inside the buildings hereby approved and only within areas of the buildings constructed with the sound reduction indexes listed to in section 7.0 of the submitted Noise Assessment prepared by Martec Environmental Consultants Ltd., dated. 22 January 2020. All repairs and servicing shall be carried out with the roller shutter doors kept closed.

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

 

Condition (12):     Any extract / ventilation systems proposed for the motor dealership approved by the Full Permission shall be designed, installed and maintained not to exceed a noise level of 45 LAeq (free field) at the nearest residential properties, in accordance with section 7.0 of the submitted Noise Assessment prepared by Martec Environmental Consultants Ltd., dated. 22 January 2020. 

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

Lighting

Condition (13):     The motor dealership approved in the Full Permission shall not commence trading until an external lighting scheme for this phase of the development has been submitted to, and approved in writing by, the local planning authority. The scheme shall include details of: (1) the intensity of illumination; (2) predicted lighting contours; (3) proposed hours of illumination; and (4) the location and height of all lighting fixtures; and must be designed to ensure that no light is directly visible to users of the public highway. Thereafter, external illumination of the site shall operate in accordance with the approved scheme.

Reason:               In the interests of safeguarding the amenity of the area in accordance with Policies DM2 (Achieving Sustainable High Quality Design) and DM7 (Addressing Pollution, Contamination Impact, and Water Quality) of the Development Management Policies Development Plan Document.

Flood risk

Condition (14):     No development associated with the Full Permission shall commence until a review of the proposed drainage scheme, inclusive of details of maintenance, shall take place which shall include justification for the infiltration rate used in the design. A fully detailed surface water drainage scheme based on the Flood Risk and Drainage Strategy Report P21391 dated August 2021 and the Appendices attached thereto, but corrected where necessary, shall thereafter be submitted to, and approved in writing by, the local planning authority.

The surface water drainage scheme must: (1) accord with the Non-Statutory Technical Standards for Sustainable Drainage Systems (March 2015), or any subsequent replacement national standards that are agreed in writing as an appropriate alternative by the local planning authority; and (2) must deliver the same treatment standard (as defined by The SuDS Manual Chapter 26) or better than that detailed in the Flood Risk and Drainage Strategy Report P21391 dated August 2021 and the Appendices attached thereto.

The drainage scheme submitted for approval shall also be in accordance with the principles set out in the Flood Risk and Drainage Strategy Report P21391 dated August 2021 proposing surface water discharging by infiltration via Sustainable Drainage techniques including green roofs and walls, rainwater harvesting, permeable surfacing wherever possible, grass filter strips, and swales. Mini infiltration basins are also an acceptable infiltration technique. The drainage scheme must also: (1) include full details of exceedance routes that minimise the risks to people and property resulting from excess rainfall; and (2) be designed for ease of maintenance

The development shall be completed, 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 (15):     No development associated with the Full Permission shall commence until a scheme for the ongoing maintenance of the proposed surface drainage system for that phase of the development has been submitted to, and approved in writing by, the local planning authority. Thereafter, the associated surface drainage system shall be maintained in accordance with the approved scheme for the lifetime of the development.

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 (16):     No development associated with the Full Permission shall commence until a construction surface water management plan for that phase of the development has been submitted to, and agreed in writing by, the local planning authority. Thereafter, the plan shall be adhered to for the duration of the associated construction works.

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 (17):     The motor dealership approved in the Full Permission shall not commence trading until a surface water validation report has been submitted to, and approved in writing by, the local planning authority. The purpose of the validation report is to demonstrate that the associated surface water drainage scheme and exceedance routes have all been constructed and installed in accordance with the details approved in accordance with the relevant conditions in this permission and are operational.

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.

 

THE OUTLINE PERMISSION

Condition (18):     For the Outline Permission, approval of access (save for the agreed point of access to the County Road), details of the scale, layout and appearance of the building(s), and the landscaping of the site (hereinafter called the Reserved Matters) shall be obtained from the Local Planning Authority in writing before any development is commenced.

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

 

Condition (19):     The development subject to the Outline Permission 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 the reserved matters, or, in the case of approval on different dates, the final approval of the last such matters to be approved.

Application for the approval of the reserved matters 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 (20):     The development subject to the Outline Permission shall be carried out in accordance with the following approved plans (insofar as they relate to matters not reserved for further approval by condition 18):

·                     SITE LOCATION PLAN, HT1324.1.100 P01

·                     PROPOSED SITE LAYOUT, HT1324.1.101 P01, Revision B, 07 November 2019

·                     Roundabout Detail, HT13241.1.105 P01, 10 January 2020

·                     Landscape Masterplan, 1100-2_700, Revision 1, 20 April 2020

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

 

Condition (21):     The development subject to the Outline Permission is limited to a maximum gross internal area of 6,400 sq. m. of B1/B2 floorspace and 2,500 sq. m. of B2 floorspace, all as defined in The Town and Country Planning (Use Classes) Order 1987 (as amended).

Reason:               These are the assumed floorspace figures used in the technical assessments submitted in support of the proposal.

Parking

Condition (22):     The layout details required by condition 18 shall include details of the parking to be provided for each separate Class B1, B2 and B8 unit hereby permitted. The parking must achieve the standards in the current Cumbria Development Design Guide (or such equivalent replacement guidance) unless supported by evidence supporting a different level of provision. All parking spaces with electric vehicle (EV) charging points must be clearly marked. The number of EV charging points must be consistent with the requirements of the development plan, or where the development plan is silent, must accord with accepted best practice.

Reason:               To ensure the timely provision 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.

Travel plan

Condition (23):     Within 6 months of the first occupation of each separate unit approved by the Outline Permission, or in accordance with such other timeframe as has been previously agreed in writing by the local planning authority, a Travel Plan for the respective unit shall be submitted to, and approved in writing by, the local planning authority. The Travel Plan shall: (1) identify targets for a modal shift from the use of private cars to sustainable transport modes for those visiting the unit; (2) set out measures to achieve those targets; and (3) include a timetable for implementation. The timetable must include provision for the submission of an annual written report to the local planning authority (for the agreed lifetime of the Travel plan) reviewing the effectiveness of the Travel Plan to date and setting out any necessary amendments to the prevailing measures in order to achieve the agreed targets. Thereafter, the Travel Plan shall be implemented in accordance with the agreed targets, prevailing measures and timetable. The prevailing measures shall be those set out initially or as may subsequently have been agreed in writing by the local planning authority following each annual review.

Reason:               To encourage the use of more sustainable modes of transport.

Landscaping

Condition (24):     The landscaping details required by condition 18 shall include a detailed soft landscaping scheme based upon: (i) the principles established in the submitted Landscape Masterplan, 1100-2_700, Revision 1, 20 April 2020; and (ii) mitigation / recommendations in section 7 of the submitted Ecological Appraisal (Report Reference 5220) produced by Envirotech Ecological Consultants and dated June 2019. The scheme shall incorporate green walls and green roofs where it is practicable to do so. 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) any essential external lighting; (v) an implementation timetable; and (vi) a schedule of landscape maintenance proposals for a period of not less than thirty 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 DM4 (Green and Blue Infrastructure, Open Space, Trees and Landscaping) of the South Lakeland Development Management Policies Development Plan Document.

Tree protection

Condition (25):     No development associated with the Outline Permission shall commence until there has been submitted to, and approved in writing by, the local planning authority a method statement detailing measures for the protection of: (1) the existing trees outside of, but abutting, the application site; and (2) all existing hedges to be retained on the boundary of the application site, all as marked on Landscape Masterplan, 1100-2_700, Revision 1, 20 April 2020. The method statement shall include both physical protection measures and a schedule of working practices. No development associated with the Outline Permission shall commence until all approved physical protection measures have been put in place. Thereafter, the physical protection measures shall be retained for the duration of the construction phase of the development and all work shall proceed in accordance with the approved schedule of working practices.

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 (26):     No development associated with the Outline Permission shall commence until there has been submitted to, and approved in writing by, the local planning authority an ecological strategy document, prepared by a qualified ecologist. The document shall set out a strategy for the provision of biodiversity improvements within that part of the site covered by the Outline Permission, reflecting the mitigation / recommendations in section 7 of the submitted Ecological Appraisal (Report Reference 5220) produced by Envirotech Ecological Consultants and dated June 2019. The strategy must link to the landscaping of the site required by condition 18 and must include a schedule of maintenance proposals for a period of not less than thirty years from the date of completion of the development. Thereafter, the improvements shall be implemented and maintained in accordance with the approved strategy.

Reason:               To contribute towards the net gain in biodiversity  required by: (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.

Land contamination

Condition (27):     Once the construction of any individual building associated with the Outline Permission is complete, that individual building shall not be first occupied until a validation report and statement (in respect of land contamination) prepared by a competent person shall have been submitted to, and approved in writing by, the local planning authority. Referring to: (1) the Phase 1 Desk Study Report (October 2019); and (2) Phase 2 Interpretative Ground Investigation Report, Insight Geo (September 2019) submitted in support of this application, the validation report and statement shall detail all contamination found during the construction process and all necessary remediation undertaken.

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

Noise

Condition (28):     The details required by condition 18 shall incorporate measures within the design of each building approved by the Outline permission to minimise the propagation of noise to the lowest practicable level relative to the existing noise climate as established by an associated baseline survey undertaken in accordance with  BS4142.

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

Lighting

Condition (29):     The details relating to the layout and appearance of the building(s), and the landscaping of the site required by condition 18 shall include an external lighting scheme. The scheme must include details of: (1) the location and height of all lighting fixtures; (2) the intensity of illumination; (3) predicted lighting contours; and (4) proposed hours of illumination; and must be designed to ensure that no light is directly visible to users of the adopted highway. Thereafter, external illumination of the site subject to the Outline Permission shall operate in accordance with the approved scheme.

Reason:               In the interests of safeguarding the amenity of the area in accordance with Policies DM2 (Achieving Sustainable High Quality Design) and DM7 (Addressing Pollution, Contamination Impact, and Water Quality) of the Development Management Policies Development Plan Document.

Flood risk

Condition (30):     No development associated with the Outline Permission shall commence until a review of the proposed drainage scheme, inclusive of details of maintenance, shall take place which shall include justification for the infiltration rate used in the design. A fully detailed surface water drainage scheme based on the Flood Risk and Drainage Strategy Report P21391 dated August 2021 and the Appendices attached thereto, but corrected where necessary, shall thereafter be submitted to, and approved in writing by, the local planning authority.

The surface water drainage scheme must: (1) accord with the Non-Statutory Technical Standards for Sustainable Drainage Systems (March 2015), or any subsequent replacement national standards that are agreed in writing as an appropriate alternative by the local planning authority; and (2) must deliver the same treatment standard (as defined by The SuDS Manual Chapter 26) or better than that detailed in the Flood Risk and Drainage Strategy Report P21391 dated August 2021 and the Appendices attached thereto.

The drainage scheme submitted for approval shall also be in accordance with the principles set out in the Flood Risk and Drainage Strategy Report P21391 dated August 2021 proposing surface water discharging by infiltration via Sustainable Drainage techniques including green roofs and walls, rainwater harvesting, permeable surfacing wherever possible, grass filter strips, and swales. Mini infiltration basins are also an acceptable infiltration technique. The drainage scheme must also: (1) include full details of exceedance routes that minimise the risks to people and property resulting from excess rainfall; and (2) be designed for ease of maintenance

The development shall be completed, 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 (31):     No development associated with the Outline Permission shall commence until a scheme for the ongoing maintenance of the proposed surface drainage system for that phase of the development has been submitted to, and approved in writing by, the local planning authority. Thereafter, the associated surface drainage system shall be maintained in accordance with the approved scheme for the lifetime of the development.

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 (32):     No development associated with the Outline Permission shall commence until a construction surface water management plan for that phase of the development has been submitted to, and agreed in writing by, the local planning authority. Thereafter, the plan shall be adhered to for the duration of the associated construction works.

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 (33):     No individual building approved by the Outline Permission shall be first occupied until a surface water validation report has been submitted to, and approved in writing by, the local planning authority. The purpose of the validation report is to demonstrate that the surface water drainage scheme and exceedance routes serving that building have all been constructed and installed in accordance with the details approved in accordance with the relevant conditions in this permission and are operational.

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.

 

THE DEVELOPMENT AS A WHOLE

Highways

Condition (34):     No other development shall commence until the new roundabout access to the site (shown on approved drawing  HT1324.1.101 P01, Revision B) has been completed and made operational in accordance with a detailed specification that shall first have been submitted to, and approved in writing by, the local planning authority. The specification must include details of a shared footway/cycleway crossing of the A6 to meet the objectives of condition 36.

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) policy DM1 (General Requirements for all development) of the South Lakeland Development Management Policies Development Plan Document.

 

Condition (35):     No development shall commence until a specification for the construction of the estate road connecting the new roundabout on the A6 with the north-west boundary of the site (shown within the extent of the Full Application on approved drawing HT1324.1.101 P01, Revision B) has been submitted to, and approved in writing by, the local planning authority. The specification should meet the standards for adoption set out in … and must make specific provision for: (1) use by public transport; (2) cycle and pedestrian links to the A6; (3) ramps on each side of every junction to enable wheelchairs, pushchairs etc. to be safely manoeuvred at kerb lines; (4) the accommodation of all services necessary to support the development as a whole (including the development approved by the Outline Permission); and (5) a timetable for completion. None of the uses approved by this permission shall commence until: (a) construction of the estate road has progressed to the point where it has been defined by kerbs and sub base construction; and (b) the individual access(es) serving that building from the estate road have been completed to a specification that shall also have been submitted to, and approved in writing by, the local planning authority. Thereafter, the estate road shall be completed to the agreed timetable.

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) policy DM1 (General Requirements for all development) of the South Lakeland Development Management Policies Development Plan Document.

 

Condition (36):     None of the uses approved by this permission shall commence until a new shared footway/cycleway along the A6 has been constructed and made available for use in accordance with a specification that shall first have been submitted to, and approved in writing by, the local planning authority. The new shared footway/cycleway shall connect the entrance of the application site to the existing shared footway/cycleway that currently terminates on the east side of the A6 at the entrance of Kendal Rugby Club and shall include a crossing of the A6 meeting the necessary safety standards.

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) policy DM1 (General Requirements for all development) of the South Lakeland Development Management Policies Development Plan Document.

 

Condition (37):     Access gates, if provided, shall be hung to open inwards only away from the adopted highway, and be recessed no less than 4.5m as measured from the carriageway edge of the adjacent highway and shall incorporate 45 degree splays to each side.

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) policy DM1 (General Requirements for all development) of the South Lakeland Development Management Policies Development Plan Document.

Foul drainage

Condition (38):     All foul water from the buildings hereby approved shall be disposed of via a public sewer. None of the individual buildings hereby approved shall be first occupied until it has been operationally connected to a public foul sewer.

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

Construction Environment Management Plan

Condition (39):     No development shall commence until a Construction Environment Management Plan (CEMP) has been submitted to, and approved in writing by, the local planning authority. The CEMP shall provide for:

·                     details of the proposed crossings of the highway verge;

·                     defined areas for the parking of vehicles of site operatives and visitors;

·                     defined areas for loading and unloading of plant and materials;

·                     defined areas for storage of plant and materials;

·                     measures to control the emission of dust and dirt during construction, incorporating the recommendations for site-specific mitigation in section 5.1.14 of the Air Quality Assessment prepared by Wardell Armstrong (March 2020) submitted in support of this planning application ;

·                     no burning of waste material to take place;

·                     measures to: (a)avoid excess dirt on the public highway including wheel washing facilities; and (b) clean the public highway as necessary

·                     the sheeting of all HGVs taking spoil to/from the site to prevent spillage or deposit of any materials on the highway;

·                     the management of junctions to and crossings of the public highway and other public rights of way/footway;

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

·                     measures to control noise and vibration from plant, equipment and procedures – this to include any rock pecking and excavations;

·                     construction site lighting designed to negate light spillage from the site boundary.

Thereafter, development shall proceed in accordance with the agreed CEMP.

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

Construction management (Ecology)

Condition (40):     In order to mitigate the potential impacts on protected species that might enter the application site during the construction stage of the development, the following working practices must be adhered to:

·                     The storage of all loose materials must be palletised or similar so they are off the ground whenever possible.

·                     Should any trenches and excavations be required, an escape route for animals that enter the trench must be provided, especially if left open overnight. Ramps should be no greater than of 45 degrees in angle. Ideally, any holes should be securely covered. This will ensure amphibians are not trapped during work.

·                     All excavations left open overnight or longer should be checked for animals prior to the continuation of works or infilling. Back filling should be completed immediately after any excavations, ideally back filling as an on-going process to the work in hand.

·                     Any vegetation to be trimmed or cleared should be checked for nesting birds before it is removed. Ideally this should occur outside the bird nesting period March- September. If vegetation clearance is to occur in the March-September period a check for nesting birds should be conducted first by a suitably qualified individual.

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

Broadband

Condition (41):     None of the units hereby approved shall be first occupied until connected to high speed broadband.

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

BREEAM

Condition (42):     The showroom subject to the Full Permission (PROPOSED KIA SHOWROOM, drawing no. HT1324.1.102 P01, Revision C) and any building constructed pursuant to the Outline Permission which has a gross internal floor area greater than 1,000 sq. m. must achieve the BREEAM 'excellent' standard.

Reason:               To meet the expectations of policy CS8.7 (Sustainable construction, energy efficiency and renewable energy) of the South Lakeland Core Strategy.

Land contamination

Condition (43):     If during the course of development any unexpected contamination is found to be present, development shall immediately cease. Thereafter, development shall only recommence in accordance with a method statement detailing the nature and degree of the contamination and the techniques proposed to remove it. The method statement must be prepared by a suitably qualified independent consultant and must first have been submitted to, and approved in writing by the local planning authority.

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

Construction hours

Condition (44)      Construction work shall be limited to 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.

 

Note – The Committee voted to adjourn for a break at 11.38.a.m. and reconvened at 11.43.a.m.

 

Note - Councillor Cornah left the meeting at 11.39.a.m.


28/10/2021 - Planning Application No.SL/2020/0099 - James Cropper Plc, Burneside Mill, Burneside, LA9 6PZ ref: 4655    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 28/10/2021 - Planning Committee

Decision published: 19/11/2021

Effective from: 28/10/2021

Decision:

The Specialist (Development Management) presented Planning Application SL/2020/0099 which sought the removal/variation of Condition 4 (BREEAM) attached to SL/2019/0093 (Extension to the Technical Fibre Products building with relocation of existing canopy onto the side of the proposed extension, associated ground works including access road and additional hardstanding). The application raised a number of considerations, including BREEAM requirements, the application and relevance of local and national policy, the achievability of a BREEAM ‘excellent’ standard and the suitability of alternatives with regard to Sustainable Construction Statements.

 

The Council’s Local Plan Policy Review report commented on policy CS8.7, while it noted that the Policy required significant updating, the Specialist considered that it was not out of date in requiring a BREAAM excellent standard for new commercial buildings over 1000 sq m. The Specialist drew Members’ attention to the BREEAM frontloaded process to achieve a high standard which was required at the beginning of the planning process, prior to an application being submitted. Members were asked to consider the applicant’s Sustainable Construction Statement. At the site, sustainable construction methods and renewable energy were already being used. 

 

The Chairman thanked the Specialist for a thorough presentation and thanked the applicant for the diplomatic way in which they had dealt with the application. The Chairman welcomed questions from Members.

 

Members noted that thermal modelling was not addressed within the Sustainable Construction Statement alongside other important elements that formed part of the BREEAM Conditions. Members agreed that a comparison of BREEAM to the Construction Statement would allow for a beneficial assessment. Members discussed the danger of setting a precedent if BREEAM was a technical standard. The Principal Specialist (Development Management) stated that the building was quite large and rare, although there may be a danger in setting a precedent, this would be very limited given the circumstances in this case which would mitigate the likelihood of an application occurring in any future development.

 

Members stressed the importance of the decision since it related to the variation of environmental conditions and gave considerable weight to the Construction Statement which they believed should be revised in order to have a stronger incorporation of the BREEAM Conditions.

 

The Principal Specialist (Development Management) drew Members’ attention to Clause B of Condition 3 which acted as a trigger point, it sought the production of a validation report to ensure that the applicant would comply with the Sustainable Construction Statement. He added that officers were in a position to request any missing elements within the Statement and could request a revised document.

 

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

 

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

 

Officers seeking some revisions to the sustainable construction statement submitted by the applicants, to include additional detail to ensure it adequately addressed the relevant BREEAM categories, including thermal content.

 

Condition (1) The development hereby permitted shall be carried out in accordance

with the following approved plans:

·         Location Plan, Drawing No. 1626/P-01

·         Proposed Site Plan, Drawing No. 1626/P-04

·         Proposed Elevations, 1626/P-05

·         Design and Access Statement by Burgess Roughton Consulting Engineers, January 2019

·         Flood Risk Assessment by Burgess Roughton Consulting Engineers, January 2019

·         Ecological Assessment, Report by Rigby Jerram Ecological Consultants, October 2018

·         Pre-development Arboricultural Report by Treescapes Consultancy Ltd, November 2018

·         Ground Investigations Report by Meridian Geoscience Ltd, May 2019

·         Transport Management Plan by Burgess Roughton Consulting Engineers, October 2018Proposed Site Plan Amended, date received 11/12/2020

·         Method Statement to Mitigate Against Environmental Impact during Construction by

·         Burgess Roughton Consulting Engineers, June 2019

·         Noise and Light Objectives by Burgess Roughton Consulting Engineers, October 2018

·         Tree Planting Scheme by Edward Mills, May 2019

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

 

Condition (2)

 

a) Prior to the occupation of the development, an assessment of the impact of the proposed development on the neighbouring residents 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 adjacent properties 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 occupation of the building 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 full prior to first occupation of the building.

 

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

130 and Chapter 15 - Conserving and enhancing the natural environment –para 180.

 

Condition (3)

a)    The development hereby permitted shall be constructed in accordance with the approved Sustainable Construction Statement, Technical Fibre Products Ltd Dated Nov 2020 Received by the LPA 02 December 2020.

 

b)    The building shall not be occupied until a validation report, to demonstrate that the development has been carried out in accordance with the approved Sustainable Construction Statement, has been submitted to the Local Planning Authority.

 

c)    The approved works shall be retained as such thereafter.

Reason: In the interests of resource conservation and environmental sustainability in accordance with Policy DM21 of the Development Management Policies Development Plan Document and Policy CS8.7 of the South Lakeland Core Strategy.

 

Condition (4) No work for the construction of these developments, including demolition, shall take place on the site, except between the hours:

 

08.00 - 18.00 Monday to Friday; and

08.00 - 13.00 on Saturdays;

 

unless otherwise agreed in writing with the Local Planning Authority. In particular, no work should be carried out on Sundays or officially recognised public holidays without the prior agreement in writing of the Local Planning Authority.

 

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 130.


10/11/2021 - Local Government Reorganisation - Structural Changes Order ref: 4649    Recommendations Approved

Decision Maker: Cabinet

Made at meeting: 10/11/2021 - Cabinet

Decision published: 16/11/2021

Effective from: 10/11/2021

Decision:

Summary

The Leader and Promoting South Lakeland and Innovation Portfolio Holder presented a report outlining the Structural Changes Order (SCO) for Local Government Reorganisation from the Secretary of State. At the time of writing the report, further details on the SCO had not been made available. However, following agenda publication, the details had been released to the authorities involved, comprising of a covering letter and the text of the draft Structural Changes Order, which was received on the 3 November 2021.

 

Members were advised that a virtual briefing had been arranged to take place on the evening of Wednesday 10 November 2021 to provide Members with a Structural Changes Order summary and update. All Members had been encouraged to attend, participate and ask questions. Members were reminded that any comments which had been agreed, would be fed back to group leaders after the briefing session. Group Leaders had received information on behalf of the Groups.

 

For the purposes of the Cabinet meeting it was proposed to add to the resolutions of Cabinet to add a third recommendation and it was understood that Party Leaders would wish to receive the briefing and further information. The additional resolution was to be:-

 

To delegate to the Chief Executive in consultation with the Leader the submission of any further comments to the DLUHC  on the draft Structural Changes Order”.

 

Members were informed that each of the seven authorities’ Monitoring Officerswould also be providing any legal comments as part of this process and that wehad until the 17th November 2021 for comments to be fed back to Government. Members were reminded that this was not a consultation.

 

Party Leaders were thanked for agreeing to be the conduit for any further group’s comments. As a result of which, a Party Leaders’ meeting had been scheduled on the 12th November 2021 to also be used as an opportunity following the scheduled meetings for any further comments to be raised.

 

During discussion on the item, the Leader and Promoting South Lakeland and Innovation Portfolio Holder confirmed that all Members would be receiving a copy of the presentation. Members expressed their support for the proposals and thanked Officers for their work and for ensuring Members were kept up to date on any progress.

 

Decision

 

RESOLVED – That

 

(1)   the update on the Structural Changes Order be noted;

 

(2)   the arrangement of a Member briefing to provide further information around the Structural Changes Order be noted; and

 

(3)   the submission of any further comments to the DLUHC  on the draft Structural Changes Order be delegated to the Chief Executive in consultation with the Leader.

 

Reasons for Decision

 

The Structural Changes will impact upon the Council and all its priorities. Working across boundaries/ Delivering a balanced community/ A fairer South Lakeland/ Addressing the climate emergency.

Alternative Options Considered and Rejected

There are no alternative options recommended.


10/11/2021 - Corporate Financial Update Q2 2021-22 ref: 4648    For Determination

It is expected that Members note the projected year end position based on performance to the end of Quarter 2 2021/22 and officers planned actions to ensure a balanced budget by the end of the financial year.

Decision Maker: Cabinet

Made at meeting: 10/11/2021 - Cabinet

Decision published: 16/11/2021

Effective from: 10/11/2021

Decision:

Summary

 

The Deputy Leader and Finance and Assets Portfolio Holder presented the Corporate Financial Monitoring report for Quarter Two of 2021/22. The report included an update on the Capital Programme at Appendix 2, with Table 3 of the report, being a summary of capital programme and expenditure.

 

In presenting the report in detail, the Deputy Leader and Finance and Assets Portfolio Holder informed Members that currently the best estimate of additional costs and loss of income from Covid-19 for 2021/22 are £377k, further work is being undertaken to firm up these estimates. While this currently suggests a saving against the contingency budget of £320k, it is too early to declare this as the situation continues to develop and with winter still to come this could change. For business as usual activities, there is a projected overspend of £95k which is reasonable and modest at this time of year.  There is an overspend on employee costs due to the need to use agency staff in critical posts where there have been extreme recruitment problems.

 

The Deputy Leader and Finance and Assets Portfolio Holder highlighted a request to transfer funds from the NNDR pool reserves, of £144,000 which would be used to fund salary costs for Economic Development and Culture Specialists to free up funding in other areas of the Council. He added that with this transfer from reserves, the full year forecast would become an underspend of £49,000.

 

Members raised a query regarding what the capital underspend would be. The Deputy Leader and Finance and Assets Portfolio Holder advised that the current capital expenditure was at £3.317 million, further expenditure was still expected and added that a further update would be provided at the December 2021 Cabinet meeting.

 

Following a question regarding the impact of Local Government Reorganisation on the reserve funds, the Deputy Leader and Finance and Assets Portfolio Holder advised that in principal, all debts and assets would be transferred to the new authority.

 

In response to a question regarding the use of electric vehicles, the Finance Lead Specialist (Section 151 Officer) informed Members that the fuel type is not specified in vehicle procurements but that suppliers of alternatives to diesel vehicles were not submitting bids. As a result the majority of the Council’s vehicles were diesel but two new property service vehicles were hybrid and had been leased in the expectation that electric vehicles would be available when the leases expired. In addition, the Customer and Locality Services Portfolio Holder informed Members that alongside the Climate Action and Biodiversity Portfolio Holder, he had attended an exhibition of electric vehicles recently.

 

Decision

 

RESOLVED – That

 

(1)   the content of the report and appendices 1-3 be noted; and

 

(2)   the use of the NNDR Pool Reserve be recommended to Council for approval, as set out in paragraph 3.1.2.

 

Reasons for Decision

 

Regular budget monitoring forms part of the corporate governance arrangements that support all Council priorities.

 

Alternative Options Considered and Rejected

 

There are no alternative options for Appendices 1-3.

Wards affected: (All Wards);

Lead officer: Claire Chouchoulas, Claire Read, Helen Smith


10/11/2021 - Affordable Housing Delivery Options ref: 4646    For Determination

To agree affordable housing delivery options to support the deliver of more affordable housing.

Decision Maker: Cabinet

Made at meeting: 10/11/2021 - Cabinet

Decision published: 16/11/2021

Effective from: 10/11/2021

Decision:

Summary

 

The Housing Portfolio Holder presented a report on Affordable Housing Delivery Options. The proposal set out in the report meant that funds may be used to increase the delivery of affordable housing in the District as well as ensuring that new homes are energy efficient. The proposal aimed to enable potential land acquisition and grant funding to Registered Providers with deliverable schemes, subject to further investigations outlined within the report in paragraph 3.0. She added that the proposal was in principle, as there was still a great deal of work to be completed.

 

The Leader and Promoting South Lakeland and Innovation Portfolio Holder informed Members that there was provision in the budget for this proposal and in referencing a query from Members earlier in the meeting regarding the impact of LGR on reserve funds, added that it was crucial that the delivery of affordable housing remained a priority.

 

During discussion on the item, the Principal Specialist (People) responded to a question on how the current agreement on funds being allocated for housing in South Lakeland would be treated following LGR. She informed Members that there would be specific guidance and criteria to follow and that the authority would need to review the treatment of receipts from preserved right to buy through further discussions with the Department for Levelling Up Housing and Communities (DLUHC).

 

The Deputy Leader and Finance and Assets Portfolio Holder added that the Council’s current approved use of the Right to Buy reserve was restrictive and the changes sought would better allow investment in affordable housing and that the area had a desperate need for affordable housing which should be supported.

 

Decision

 

RESOLVED – That

 

(1)   subject to Council approval, the change of policy from the provision of loans to the provision of affordable housing grants for Registered Providers, for a Right to Buy Replacement scheme subject to further investigations as detailed in 3.3 of the report be approved in principle;

 

(2)   the change of use from the provision of loans to include the acquisition of land for the delivery of affordable housing subject to further investigations as detailed in 3.3 of this report, be approved in principle;

 

(3)   a further report be brought back to Cabinet at a future meeting, to clarify the outcome of the further investigations and to agree any delegations required; and

 

(4)   Council be requested to update the Capital Programme to reflect the change in use of the RTB capital receipt as asset out in this report subject to further investigations outlined in 3.3 of this report.

 

Reasons for Decision

 

The proposal will seek to assist the Council in the delivery of more affordable homes through the use of the Right to Buy replacement scheme monies.

 

Delivery of affordable homes will seek to contribute towards the Council’s Housing and communities target to deliver 320 homes every year across the District.

 

The proposal will seek to assist in meeting Housing and communities targets to deliver 477 affordable homes for rent and 588 affordable homes to buy between 2020 to 2025.

 

The proposal provides the potential for energy efficient new affordable homes.

 

Alternative Options Considered and Rejected

 

Members could decide to not pursue any proposals for use of the Right to Buy Replacement Fund at this time, however, this is not recommended as the opportunity to use these funds to meet the needs in South Lakeland could be lost.

Wards affected: (All Wards);

Lead officer: Julie Jackson


10/11/2021 - Forward Plan ref: 4650    Recommendations Approved

Decision Maker: Cabinet

Made at meeting: 10/11/2021 - Cabinet

Decision published: 16/11/2021

Effective from: 10/11/2021

Decision:

RESOLVED – That the contents of the Forward Plan published on 8 November 2021 be noted.


10/11/2021 - Delegated Executive Decisions ref: 4651    Recommendations Approved

Decision Maker: Cabinet

Made at meeting: 10/11/2021 - Cabinet

Decision published: 16/11/2021

Effective from: 10/11/2021

Decision:

RESOLVED – That the Delegated Executive Decisions made by Portfolio Holders or Officers on 21 October 2021.


10/11/2021 - Cabinet Executive Decisions ref: 4652    Recommendations Approved

Decision Maker: Cabinet

Made at meeting: 10/11/2021 - Cabinet

Decision published: 16/11/2021

Effective from: 10/11/2021

Decision:

RESOLVED – That the Chairman be authorised to sign, as a correct record, the Executive Decisions made by Cabinet on 20 October 2021.


10/11/2021 - A590 Cross a Moor Junction Improvement ref: 4645    For Determination

To consider funding and delivery arrangements for the proposed junction improvement.

Decision Maker: Cabinet

Made at meeting: 10/11/2021 - Cabinet

Decision published: 16/11/2021

Effective from: 10/11/2021

Wards affected: Furness Peninsula;

Lead officer: Linda Fisher, Helen Smith, David Sykes


10/11/2021 - Consultation Response to Allithwaite and Cartmel Pre-Submission Draft Neighbourhood Plan ref: 4647    For Determination

Report recommending Cabinet approve proposed response for submission to the Allithwaite and Cartmel Parish Council.

Decision Maker: Cabinet

Made at meeting: 10/11/2021 - Cabinet

Decision published: 16/11/2021

Effective from: 10/11/2021

Decision:

Summary

 

The Housing Portfolio Holder presented a report detailing the consultation response to Allithwaite and Cartmel Pre-Submission Draft Neighbourhood Plan. The report set out the proposed response to Allithwaite and Cartmel Parish Council’s Pre-Submission Draft Neighbourhood Plan and was aimed at assisting the Parish Council in making any final amendments to the Neighbourhood Plan to enable progression towards the final stages of preparing the Neighbourhood Plan.

 

The Housing Portfolio Holder added that there was a good collaborative partnership at the meeting she had attended and thanked officers for their hard work on the Pre-Submission Draft Neighbourhood Plan.

 

It was recommended that further discussion around the Parish’s proposal to include principal residency be discussed at the 25 November meeting.

 

Decisions

 

RESOLVED – That

 

(1)   the proposed response in Appendix 1 (subject to any necessary changes) for submission to the Allithwaite and Cartmel Parish Council be approved; and

 

(2)   authority be delegated to the Director of Strategy, Innovation and Resources to make any considered necessary by Cabinet.

 

Reasons for Decision

 

The Draft Plan includes measures to support connectivity to facilities and services, requiring digital infrastructure connectivity in new development, supports new and enhanced community facilities and supports new affordable housing and other forms of housing in the Parish (though restricted in terms of occupancy).

 

The Draft Plan supports new development that is sustainable, energy efficient with emphasis on renewable energy, addresses flood risk, supports incorporation and enhancement of green infrastructure and biodiversity, requires high quality design and supports walking and cycling connections and enhancement of existing networks.

 

Alternative Options Considered and Rejected

 

The alternative option is to not approve the proposed response. This would mean that the draft response submitted would have to be withdrawn and the Council would lose the opportunity to comment on the Plan at this crucial stage at which the Plan can still be influenced before it is formally submitted to the Council for Publication under Regulation 16 (see paragraph 3.4). It is recommended that the draft response is approved, or approved subject to amendments, in order to make best use of this important opportunity to shape the Plan before it is submitted.

Wards affected: Cartmel; Grange;

Lead officer: Damian Law