Decisions

Use the below search options at the bottom of the page to find information regarding recent decisions that have been taken by the council’s decision making bodies.

Only decisions taken after 5th March 2012 will be included in this search

Alternatively you can visit the officer decisions page for information on officer delegated decisions that have been taken by council officers.

Decisions published

23/03/2021 - Local Government Reform - Consultation Responses ref: 4520    For Determination

To consider the principles of the Council's response to the Government's consultation on local government reform in Cumbria

Decision Maker: Council

Made at meeting: 23/03/2021 - Council

Decision published: 05/05/2021

Effective from: 23/03/2021

Decision:

Copies of Appendices 1 and 2 to the report, which had been marked “to follow” on the agenda had been circulated to Members and published on the Council’s website on 19 March 2021.

 

The Leader of the Council and Promoting South Lakeland Portfolio Holder reported that at the meetings on 5 November 2020 Cabinet and Council had authorised the submission of an outline proposal to the Ministry of Housing, Communities and Local Government (MHCLG). The outline proposal was agreed by Lancaster City and Barrow Borough Councils and submitted by the required deadline of 9 November 2020. Since that date, work had continued on the development of the proposal which was submitted by the deadline of 9 December 2020.

 

The Leader informed Members that the Government had decided to consult on all four proposals for Local Government Reorganisation and that the Council would be providing a response to the other proposals. He highlighted the extensive consultation being undertaken by the Council to reach out to stakeholders as well as members of the public and that other proposals were set out in the report, which included the following:-

 

·        The Bay and North Cumbria;

 

·        Two unitary in Cumbria;

 

·        Eden, Carlisle and Allerdale/ Copeland, Barrow and South Lakeland (proposed by Carlisle and Eden as North and South unitaries);

 

·        Carlisle, Allerdale and Copeland/ Barrow, South Lakeland and Eden (proposed by Allerdale and Copeland Councils as East and West unitaries); and

 

  • Single Unitary for Cumbria (proposed by Cumbria County Council).

 

The Leader of the Council and Promoting South Lakeland Portfolio Holder informed Members that the final submission would be taken from the wording of the documents attached at Appendix 1 and 2 to the report, with minor amendments being made by the Chief Executive. He confirmed that any major changes would be brought back to Council for a decision before the final submission date of 19 April 2021. The Leader confirmed that the Council would not be submitting a response to the proposals for North Yorkshire.

 

During discussion, Members expressed their support for Local Government Reform. Some Members raised concerns over the criticisms of the other proposals and a lack of consideration for the other options proposed.

 

A vote was taken by roll call and it was

 

RESOLVED – That Council endorsed the Cabinet resolutions that:-

 

(1)   The update on the consultation process following submission of the Bay Unitary Proposal was received;

 

(2)   The approach of the Council to the consultation responses as outlined in the report and Appendix 1 was endorsed;

 

(3)   The approach to submitting additional commentary on The Bay and North Cumbria proposal as outlined in Appendix 2 was endorsed; and

 

(4)   The Chief Executive, in consultation with the Leader was authorised to finalise the response to the consultation for submission to the Ministry of Housing, Communities and Local Government by the 19th April 2021 deadline.

Lead officer: David Sykes


23/03/2021 - Corporate Financial Update March 2021 ref: 4521    For Determination

To review and approve requests for additional budgets for both capital and revenue arising from decisions made by Cabinet during March 2021.

Decision Maker: Council

Made at meeting: 23/03/2021 - Council

Decision published: 05/05/2021

Effective from: 23/03/2021

Decision:

The Finance and Resources Portfolio Holder presented a report which provided the Corporate Financial Update (March 2021). He informed Members that all four of the items mentioned in the report had been approved by Cabinet, at the 17 March meeting and highlighted two additional recommendations relating to this item, which had been circulated to all Members before the meeting which were:-

 

(5)        To accept a grant of £139,000 from the Contain Outbreak Management Fund for self-isolation discretionary grants and to create an income and expenditure budget of £139,000 for the receipt of the grant and the making of payments under this scheme; and

 

(6)        To accept a grant of £100,000 from the Contain Outbreak Management Fund for compliance work and to create an income and expenditure budget of £100,000 for the receipt of the grant and the use of the funding to deliver the requirements of the funding.

 

The purpose of these recommendations was to support those who would lose money as a result of self-isolating in response to being a Covid-19 case, or in contact with someone who had tested positive. In these circumstances there is a legal obligation to self-isolate for up to 10 days, but for many people this would create economic hardship, exacerbating existing inequalities and putting pressure on people not to follow the self-isolation direction. The Portfolio Holder highlighted the importance of targeting the resource at those who faced the greatest level of hardship from self-isolating and not to duplicate other available support payments.

 

The Finance and Resources Portfolio Holder went on to detail the 4 complex projects set out in the report which included:-

 

Financial Support for the Leisure Services Contract – The Portfolio Holder highlighted that the government had announced support for the leisure industry through a grant scheme that had been administered by Sport England which had allocated approximately £175,000, which was less than had been applied for by the Council and its leisure provider. The proposal sought approval to receive money on behalf of the leisure provider and then to make payment of the money to the leisure provider as outlined in the report to Cabinet on 17 March 2021.

 

Refurbishment works to Abbot Hall – Members were informed that the Council holds the freehold for the site but leased it to Lakeland Arts and that a largescale refurbishment project had been expected for the site, however due to the impact of the Covid-19 Pandemic, Arts Council England and Lakeland Arts decided to re-open the site without continuing with the refurbishment. The Portfolio Holder highlighted that some minor capital refurbishments works were required to allow for the re-opening of the site and that funds had been secured to complete the works and that the Council had been asked to deliver the scheme on behalf of Lakeland Arts.

 

Contract Award for Grange Lido and Promenade – The Portfolio Holder set out a brief history of the site, highlighting the Lido’s closure in 1993 and is subsequent listing as a Grade II listed building. He informed Members that the Council owned the site and that both the Lido and the Promenade had fallen into a poor state of repair, with both needing substantial work to restore and repair the sites. The results of the tendering process were set out in the report and it was highlighted that option 2b had been selected as the best option to move the project forward. The Portfolio Holder explained a gap in the funding for the project and highlighted the option that had been carefully considered to ensure that the project could move forwards. He highlighted a number of reserves which had, for the most part, been created from accumulated grants over several years and added that this would limit the flexibility within the capital programme over the next two years.

 

Changes to the Capital Programme – The Portfolio Holder highlighted changes including the adjustments made as part of the Councils Budget for 2021/22, rephrasing of activities outlined as part of the Quarter 3 financial update presented to Council in February as well as the additional costs relating to Grange Lido and Abbot Hall. He made reference to the two additional recommendations aimed at supporting the legal obligation to self-isolate and highlighted the verbal update on Cross-a-Moor that was mentioned in the report, informing Members that additional Cabinet and Council meetings would be scheduled for the next week to address this matter.

 

The Finance and Resources Portfolio Holder praised the Council’s commitment to the important projects mentioned in the report and thanked officers for their hard work to ensure progress on these projects.

 

Following guidance from the Legal Governance and Democracy Lead Specialist (Monitoring Officer) it was noted that all members present who were also members of the Planning Committee reserved their position in relation to the consideration of any planning applications.

 

During discussion, Members commented on the impact of flooding on the whole Abbot Hall site and the flood retention scheme, the cultural and economic importance of the conservation of Grange Lido and Promenade, funds for Ulverston Leisure Centre, the importance of Abbot Hall to Kendal and the Council’s commitment to key flagship projects in such challenging times. Members thanked the Housing and Innovation Portfolio Holder for the hard work and skill shown in progressing the Grange Lido and Promenade project.

 

No Member having raised concern when asked by the Chairman, it was

 

RESOLVED – That:-

(1)     the receipt of monies from the National Leisure Recovery Fund to a value £174,237 be approved, and payment of this money be made to the Council’s leisure delivery partner for support from 1st December to 31st March 2021, as noted in the report to Cabinet on 17th March 2021;

(2)   the amendment of the Capital Programme to include £615,000 for capital works be approved and associated professional fees relating to refurbishment works to Abbot Hall, be offset by grants due of the same value;

(3)   amendment of the Capital Programme to include an additional £867,000 for capital works relating to construction works to Grange Lido and Grange Promenade be approved and the use of New Homes Bonus, the Local Project Reserve, the NNDR Business Rate Pool and Locally Important Projects funding as set on in paragraph 3.10 below, be approved;

(4)   the Capital Programme set out in Appendix 1 be approved;

(5)   a grant of £139,000 from the Contain Outbreak Management Fund for self-isolation discretionary grants be accepted and an income and expenditure budget of £139,000 for the receipt of the grant and the making of payments under this scheme be created; and

(6)   a grant of £100,000 from the Contain Outbreak Management Fund for compliance work be accepted and an income and expenditure budget of £100,000 for the receipt of the grant and the use of the funding to deliver the requirements of the funding, be created.


Wards affected: (All Wards);

Lead officer: Helen Smith


23/03/2021 - Statement of Licensing Policy ref: 4522    For Determination

This is an Emergancy Non-Executive Decision. The additional burdens caused by Covid 19 and the difficulty in holding a meaningful consultation exercise with 3 national lockdowns in the last 12 months has prevented SLDC from consulting on a revised statement of Licensing Policy. The current policy expired in January 2021 and officers are seeking authority to extend the now expired Statement of Licensing for a further 12 months so it can be properly reviewed and consulted on during that period.

Decision Maker: Council

Made at meeting: 23/03/2021 - Council

Decision published: 05/05/2021

Effective from: 23/03/2021

Decision:

The Customer and Commercial Services and People Portfolio Holder presented a report on the Council’s Statement of Licensing Policy. He highlighted that the need for a current Statement of Licensing Policy is critical to protect the Council’s residents and Licensed Premises interests and that by acknowledging the need for a continuation to the current Statement of Licensing Policy, which expired in January 2021, the Council would be able to better support licensed premises as they reopen following lockdown.

 

Members were informed, that the proposed continuation was purely in response to the Covid-19 Pandemic and that by agreeing the continuation of the current Statement of Licensing Policy, the authority would be able to conduct a considered and thorough review of the Policy, working closely with the Licensing and Overview and Scrutiny Committees.

 

The Portfolio Holder added that the continuation would also allow for meaningful consultation with the stakeholders set out in the report to ensure that the Statement of Licensing Policy was robust and properly serves the needs of those parties for the next 5 year period.

 

During discussion on the item, Members thanked Officers for the report, expressed their support for the continuation of the Statement of Licensing Policy and requested that Members of the Licensing Committee be made aware and involved in the continuation of the Statement of Licensing Policy.

 

The Operational Lead (Specialist Services) informed Members that the report had been discussed with the Chair of the Licensing and Licensing Regulatory Committees and would be published as an Emergency Non-Executive Decision.

 

No Member having raised concern when asked by the Chairman, it was

 

RESOLVED – That:-

(1)  the continuation of the Statement of Licensing Policy for a further period of 12 months effective from 5 January 2021 to 5 January 2022 be authorised;

(2)  any decisions and actions taken under the Licensing Policy between 5 January 2021 and 23 March 2021 be retrospectively authorised; and

(3)  in light of the Covid-19 Pandemic, the consultation requirement for the Council’s Statement of Licensing Policy be delayed, to an  appropriate time but before 5 January 2022.

Wards affected: (All Wards);

Lead officer: Gareth Candlin, Sean Hall


25/03/2021 - Planning application no. SL/2019/0841 - The Courthouse, Burneside Road, Kendal, LA9 4NF ref: 4517    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 25/03/2021 - Planning Committee

Decision published: 05/05/2021

Effective from: 25/03/2021

Decision:

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

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

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

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

a)  adoption by the Planning Committee of the “Habitat Regulations Assessment Report, Tyler Grange, Report Number: 12519_R02a_GP_LP, 27 September 2019” to meet the Council’s responsibilities as a competent authority in accordance with The Conservation of Habitats and Species Regulations 2017 (as amended by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019); and
b) conditions.

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

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

Members thanked the Principal Planning Officer for a well written report and gave consideration to the application. A motion to approve the application was proposed and seconded and a vote was taken on the motion, during which all Planning Committee Members confirmed that they had, without interruption heard the full presentation and discussion on the item and it was

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

a) adoption by the Planning Committee of the “Habitat Regulations Assessment Report, Tyler Grange, Report Number: 12519_R02a_GP_LP, 27 September 2019” to meet the Council’s responsibilities as a competent authority in accordance with The Conservation of Habitats and Species Regulations 2017 (as amended by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019); and

b) the following conditions:

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

REASON: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

External materials

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

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

Accessible and adaptable homes

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

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

Broadband

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

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

Highways

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

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

Plan Document.

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

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

Construction management

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

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

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

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

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

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

Noise

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

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

Land contamination

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

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

Flood risk

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

REASON: To reduce the risk of flooding and to promote the use of a sustainable surface water drainage scheme in accordance with policy CS8.8 (Development and Flood Risk) of the South Lakeland Core Strategy and policy DM6 (Flood Risk Management and Sustainable Drainage Systems) of the South Lakeland Development Management Policies Development Plan Document.

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

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

Landscaping

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

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

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

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

Biodiversity

Condition (16): No development shall commence until a scheme demonstrating that the development will achieve a biodiversity net gain, measured using the Defra Biodiversity Metric 2.0 (or such later version as may be promoted by Defra at the time that the required scheme is submitted), has been submitted to, and approved in writing by, the local planning authority. Thereafter, the development shall proceed in accordance with the approved scheme and the net gain shall be maintained for the lifetime of the development.

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

Condition (17): The demolition of the main court building shall proceed in accordance with the recommendations of the submitted Bat Survey Report, produced by Tyler Grange and dated 27th September 2019.

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

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

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

Lighting

Condition (19): None of the apartments hereby approved shall be first occupied until any required external lighting has been installed in accordance with a scheme that shall first have been submitted, and approved in writing by, the local planning authority. The scheme must include confirmation from a qualified ecologist that it has been designed to minimize harmful impacts on: (1) the River Kent and Tributaries Site of Special Scientific Interest (SSSI); (2) the River Kent Special Area of Conservation (SAC); and (3) protected species.

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

Sustainable construction

Condition (20): The development shall proceed in accordance with a scheme incorporating as many of the provisions within the “List of Measures that support and enhance habitat creation, urban greening and respond to the effects of climate change” contained in Appendix 1 of the Development Management Policies Development Plan Document as is reasonably practicable in the circumstances. No development shall commence until the scheme has been submitted to, and approved in writing by, the local planning authority.

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



25/03/2021 - Planning Application no. SL/2021/0052 - The Pastures Templand Lane Allithwaite, Grange-over-Sands ref: 4516    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 25/03/2021 - Planning Committee

Decision published: 05/05/2021

Effective from: 25/03/2021

Decision:

The Principal Specialist presented Planning Application No. SL/2021/0052 which sought approval for the siting of two holiday lodges on the southern part of The Pastures, where previous planning permission had already been granted for three lodges, two of which had been implemented. The proposal sought to erect two lodges in lieu of the one. Referring to the site plans and photographs, he illustrated the features of the site, pointing out that the proposed lodges would reflect the existing ones stylistically and assure a degree of homogeneity. The Officers recommended approval of the application subject to the conditions attached, with the added recommendation that approval also be subject to a change of condition 6.

Members thanked the Principal Specialist for presenting the report and gave consideration to the application. Members specifically raised questions as to why work had begun on the site prior to the approval of the planning permission. The Principal Specialist agreed that this was frustrating, but stated that unfortunately it was not an offence and hence could not cloud judgment when making a decision on the approval of the application.

A motion to approve the application was proposed and seconded and a vote was taken on the motion, during which all Planning Committee Members confirmed that they had, without interruption, heard the full presentation and discussion on the item and it was -

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

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: Site Location Plan - Drawing No. Plan 01 received 27th January 2021, Proposed site plan Drawing No Plan 03 received 27th January 2021, Extra boundary hedge planting at Meadows End specification dated 12th January 2021, Plan and elevations 2008069-0 received 22nd January 2021, Metrotile slate-charcoal grey roof specification received 22nd January 2021, Facing material boarding wall specification received 22nd January 2021 and Bird Box design received 22nd January 2021.

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

Condition (3) The lodges shall not be occupied other than as holiday accommodation. They shall not be used at any time as sole and principal residences by any occupants.

Reason: To safeguard the local tourist economy in accordance with Policy DM18 of the Councils Development Management Policies.

Condition (4) The owner/operator of the site known as 'The Pastures' as outlined on the Site Location Plan shall maintain an up-to-date register of the names of all of the individual caravan owners and occupiers and their main home addresses, and shall make the following information available to the Local Planning Authority upon request: - copies of the register; - a copy of the licence between the site owner / operator; and - the lodge owner / occupier for each pitch.

Reason: To safeguard the local tourist economy in accordance with Policy DM18 of the Councils Development Management Policies.

Condition (5). Within the next planting season, unless agreed otherwise in writing by the

Local Planning Authority the approved landscaping scheme shall be fully implemented. Any trees/shrubs, which are removed, die, become severely damaged or diseased within five years of their planting shall be replaced in the next planting season with rees / shrubs of similar size and species to those originally required to be planted unless the Local Planning Authority gives written consent to any variation.

Reason: These details are required to safeguard and enhance the character of the area and secure high quality landscaping in accordance with saved Policy DM1 of the Councils

Development Management Policies.

Condition (6) a) No site clearance, preparatory work or development shall take place until a scheme for the protection of the retained trees (the tree protection plan) and the appropriate working methods (the arboricultural method statement) in accordance with Clause 7 of British Standard BS5837 - Trees in Relation to Construction - Recommendations has been submitted to and approved in writing by the Local Planning Authority. b) The tree protection measures shall be carried out as described and approved, and shall be maintained until the development is completed.

Reason: These details are required to be approved before the commencement of development to ensure the protection and retention of important landscape features in accordance with Policy DM1 of the Councils Development Management Policies.

Note – Condition 6 was amended. The applicant submitted the tree protection plan prior to the hearing, and has been checked and approved by Officers. Therefore the Condition has been changed to one which required the applicant to implement the agreed plan completely for the duration of the development.

Condition (7) No external lighting shall be installed until a lighting scheme, including details of the design, size, luminance level and shielding arrangements have been submitted to and approved in writing by the Local Planning Authority. The lighting shall be installed in accordance with the approved scheme and retained thereafter.

Reason: These details are required to be approved before the commencement of development to safeguard and enhance the character of the area in accordance with Policy DM1 of the Councils Development Management Policies.

Condition (8) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any order revoking and re-enacting that Order with or without modification), the written approval of the Local Planning Authority shall be obtained for the construction and siting of any buildings, structures, erections, motorhomes or touring caravans (whether temporary or otherwise) to be placed or parked on the site.

Reason: To preserve the local environment and landscape in accordance with Policy DM1 of the Councils Development Management Policies.

Condition (9) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any order revoking and re-enacting that Order with or without modification), the written approval of the Local Planning Authority shall be obtained for the placing of any overhead electricity service lines on the site.

Reason: To preserve the local environment and landscape in accordance with Policy DM1 of the Councils Development Management Policies.

Condition (10) Within three months of the first occupation of the lodges, the approved bird boxes shall be placed on the lodges and retained thereafter.

Reason: In order to provide a gain in biodiversity and in accordance with Policy DM4 of the Councils Development Management Policies.


25/03/2021 - Verbal Update on Section 106 Agreements ref: 4515    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 25/03/2021 - Planning Committee

Decision published: 05/05/2021

Effective from: 25/03/2021

Decision:

RESOLVED - The Legal, Governance and Democracy Specialist (Monitoring Officer) stated that in the two years that she had held the role, 24 of a total of 35 Section 106 Agreements had been completed. She further explained that there were 14 currently undergoing the process, of which 3 probably will have been completed by the 30 March 2021. Immense progress had been made. She stated that the aim was to ensure completion as soon as possible so developers were able to implement the agreements made by Councillors.


25/03/2021 - Planning Application no. SL/2020/0830 - The Pastures Templand Lane Allithwaite, Grange-over-Sands ref: 4514    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 25/03/2021 - Planning Committee

Decision published: 05/05/2021

Effective from: 25/03/2021

Decision:

RESOLVED – Planning Application No. SL2020/0830 – The Pastures Templand Lane Allithwaite, Grange-over-Sands was withdrawn prior to the hearing.


25/03/2021 - Planning application no. SL/2020/0103 - Grange Promenade, Grange-over-Sands, LA11 7DH ref: 4519    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 25/03/2021 - Planning Committee

Decision published: 05/05/2021

Effective from: 25/03/2021

Decision:

Note – Councillor Gardner was reconnected to the meeting (12.45 pm).

Note – Councillor Dixon was disconnected from the meeting (12.40 pm).

Note - The Chairman held a new roll call. All Members confirmed that they were able to hear and see the proceedings clearly.

The Principal Planning Officer presented Planning Application No. SL/2020/0103 which proposed essential repairs to the entire length of the sea defence wall at Grange Promenade together with a number of landscape interventions. He stated that this was a South Lakeland District Council proposal made regarding South Lakeland District Council property. The promenade was completely contained within the bounds of the conservation area. He detailed that the method of construction included bog mats placed over the estuary, which would be removed once the repairs had been completed. He explained that the proposal included five landscape interventions, in addition to some Totem signage. They were to take the form of free standing stone work, each containing a panel in the centre which was to be filled with a bespoke piece of artwork. The artwork in question would be determined through a competition. The Totem signage would direct people under the underpass though to the car park.

The Principal Planning Officer recommended approval of Planning Application No. SL/2020/0103 subject to:-

a) adoption by the Planning Committee of the following documents as a Habitat Regulations Assessment to meet the Council’s responsibilities as a competent authority in accordance with The Conservation of Habitats and Species Regulations 2017 (as amended by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019):

  • Assessment of Likely Significant Effects (ALSE), Grange-over-Sands Promenade, February 2020, Bowland Ecology;
  • Response to Natural England, BOW017/1004 Grange-Over-Sands Promenade, South Lakeland, 15 April 2020, Bowland Ecology;
  • Ecological Monitoring and Habitat Restoration and Management Plan, BOW017/1004 Grange-Over-Sands Promenade, South Lakeland, 06 May 2020, Bowland Ecology; and
  • Biodiversity and Habitat Management Plan, Grange-over-Sands Promenade, Cumbria, December 2020, Bowland Ecology

b) conditions.

The Principal Planning Officer responded to questions raised by Members. Councillor Long stated that this work was necessary and that the art work was a great enhancement for the experience of visitors to Grange Promenade.

Members thanked the Principal Planning Officer for a well written report and gave consideration to the application. A motion to approve the application was proposed and seconded and a vote was taken on the motion, during which all Planning Committee Members confirmed that they had, without interruption heard the full presentation and discussion on the item and it was

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

c) adoption by the Planning Committee of the following documents as a Habitat Regulations Assessment to meet the Council’s responsibilities as a competent authority in accordance with The Conservation of Habitats and Species Regulations 2017 (as amended by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019):

  • Assessment of Likely Significant Effects (ALSE), Grange-over-Sands Promenade, February 2020, Bowland Ecology;
  • Response to Natural England, BOW017/1004 Grange-Over-Sands Promenade, South Lakeland, 15 April 2020, Bowland Ecology;
  • Ecological Monitoring and Habitat Restoration and Management Plan, BOW017/1004 Grange-Over-Sands Promenade, South Lakeland, 06 May 2020, Bowland Ecology; and
  • Biodiversity and Habitat Management Plan, Grange-over-Sands Promenade, Cumbria, December 2020, Bowland Ecology

d) the following conditions:

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

REASON: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

Condition (2): 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 must consolidate the embedded environmental protection measures, proposed working practices and other proposals for mitigation contained within the following reports into a single document:

  • Assessment of Likely Significant Effects (ALSE), Grange-over-Sands Promenade, February 2020, Bowland Ecology;
  • Response to Natural England, BOW017/1004 Grange-Over-Sands Promenade, South Lakeland, 15 April 2020, Bowland Ecology;
  • Ecological Monitoring and Habitat Restoration and Management Plan, BOW017/1004 Grange-Over-Sands Promenade, South Lakeland, 06 May 2020, Bowland Ecology; and
  • Biodiversity and Habitat Management Plan, Grange-over-Sands Promenade, Cumbria, December 2020, Bowland Ecology

Thereafter, the CEMP must be adhered to for the entire duration of the construction phase of the project.

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

Condition (3): Once implemented, the development must proceed in accordance with the provisions of the Biodiversity and Habitat Management Plan, Grange-over-Sands Promenade, Cumbria, December 2020, Bowland Ecology.

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

Condition (4): Construction work shall not take place outside the hours of 0800 – 1800 Monday to Friday or 0900 – 1300 on Saturdays, nor at any time on bank holidays.

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


25/03/2021 - Planning Application no. SL/2020/0337 - Fairfield Lodge, Priest Lane, Cartmel ref: 4518    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 25/03/2021 - Planning Committee

Decision published: 05/05/2021

Effective from: 25/03/2021

Decision:

Note – Councillor Gardner was disconnected from the proceedings for this Item of the Agenda.

The Specialist (Development Management) presented Planning Application No. SL/2020/0337 which sought full planning permission for the demolition of parts of the building and replacement extensions, as well as a new driveway leading to the parking area, a new double garage and carport. The Specialist highlighted the fact that the proposal had the possibility of impacting on nationally important archaeological remains, however, he emphasised that assessment from Historic England had shown that this impact was going to be very limited and therefore had made no objection to the grant of planning permission. The Specialist turned to concerns raised by the Conservation Officer who had expressed that the scheme had failed to demonstrate that it had successfully minimised or avoided any adverse impact on the setting of the heritage asset or that it would preserve or enhance the special character and appearance of the Cartmel Conservation Area. He was concerned that the new proposals, specifically the tarmacked area, would ultimately distract from as opposed to positively enhance the heritage grounds.

Referring to site plans and photographs, the Specialist (Development Management) further stated that concerns had been raised regarding the complexity of the roof line, which could pull focus from the original coach house as well as Fairfield House.

The Specialist (Development Management) concluded his presentation by summarising the pros and cons of Planning Application No. SL/2020/0337. The positive aspects mentioned were that (1) the restoration of the existing coach house had encouraged a return to its more original form, (2) it was a high-quality proposal and a high-standard design, and (3) the modernisation of the building was going to improve insulation and energy efficiency. The drawbacks were (1) the impact that the dormers and roof light had on the conservation area and the listed building, and (2) the potentiality that Fairfield Lodge would become the focus of the area in question as opposed to Fairfield House.

The Specialist (Development Management) recommended the application for approval subject to the conditions laid out in the report.

David Coward, representing the applicant, addressed the Planning Committee in favour of the application. He focused on the design aspects of the application, stating that there was a conscious decision of similarity to the original build to cause the least disturbance possible to the conservation area. Further, the new building had been pushed back so that the ridge aligned with the coach house in order to make the inside space more useable and less cramped. He stated that the painted glazing was going to be set in line with the slated roof, and that the new driveway and double garage would allow for Fairfield House and Fairfield Lodge to maintain their own respective identities. A new section of metal fencing was to be built to match the existing fencing. He stated that the new garage was carefully set out to have the least possible impact on views of the surrounding area. He concluded his representation by stating that there were no archaeological facts of importance anywhere on the site, and that Historic England had given their support to the proposal.

The Specialist (Development Management) responded to questions raised by Members. He emphasised that the applicant would be in breach of conditions should the roof line compromise the existing coach house. He reiterated that in the Officers’ view the positive aspects of the application outlined the drawbacks.

The Specialist (Development Management) responded to questions raised by Members regarding the transport impacts of the proposal. He emphasised the minor nature of the development, large area of the site for storage of equipment and materials, and lack of any objection or request for a construction management plan by the Highways Authority.

Note – Councillor Lamb left the meeting at this stage in the proceedings (12.30 pm).

Members thanked the Specialist (Development Management) for a well written report and gave consideration to the application. A motion to approve the application was proposed and seconded and a vote was taken on the motion, during which all Planning Committee Members confirmed that they had, without interruption heard the full presentation and discussion on the item and it was

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

Condition (1) The development hereby permitted shall begin no 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:

  • Site Location Plan, date received 28/10/2020
  • Proposed Elevations Amended, date received 11/12/2020
  • Proposed Site Plan Amended, date received 11/12/2020
  • Proposed Ground Floor Plan Amended, date received 11/12/2020
  • Proposed First Floor Plan Amended, date received 11/12/2020
  • Proposed Garage Amended, date received 11/12/2020

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

Condition (3)

a) No development shall commence until samples and/ or details of the materials to be used in the construction of all external surfaces of the development hereby approved have been submitted to and approved in writing by the Local Planning Authority.

b) Development shall be carried out in accordance with the approved details of materials unless otherwise agreed in writing with 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) No stonework, artificial or natural, (including columns, strings, quoins, lintels, sills, copings, plinths or kneelers) is to be erected until details of the source, colour, texture, coursing, mortar mix design, joint type and thickness and pointing technique, have been submitted to, and approved in writing by the Local Planning Authority in the form of large-scale drawings and/or samples. If so required by the Local Planning Authority, the latter may need to be submitted as a panel, which must be retained on site for comparative purposes until the development is completed. The development shall be carried out in accordance with the approved details.

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

Condition (5) Prior to the installation of any new or replacement windows and doors, full details of finishing of the 'reveal' and dimensional drawings shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

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

Condition (6) Prior to the commencement of development, full details of both hard and soft landscape works (including tree planting, hedgerows and earth works) will be submitted to and approved in writing by the Local Planning Authority. The agreed scheme shall be carried out as approved to the agreed timetable. Any trees / shrubs which are removed, die, become severely damaged or diseased within five years of their planting shall be replaced in the next planting season with trees / shrubs of similar size and species to those originally required to be planted.

Reason: These details are required to safeguard and enhance the character of the area, secure high quality landscaping and biodiversity net gains in accordance with Policies DM1, DM2 and DM4 of the of the Development Management Policies Development Plan Document. The details are additionally required to safeguard the setting of a heritage asset.

Condition (7)

a) No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, height, design, materials and type of boundary treatment(s) to be erected.

b) The boundary treatment(s) shall be completed as approved before the development is occupied, or in accordance with a timetable agreed in writing with the Local Planning Authority.

Reason: These details are required to be approved before the commencement of development to safeguard and enhance the character of the area and secure high quality landscaping in accordance with Policies DM2 and DM4 of the Development Management Policies Development Plan Document.

Condition (8) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no development of the type described in Part 1 of Schedule 2 of that Order shall be undertaken without the express permission of the Local Planning Authority.

Reason: To safeguard the character of the area and conservation area in accordance with Policies DM1, DM2, DM3 and DM4 of the Development Management Policies Development Plan Document.

Condition (9) Prior to the commencement of development, full details of bat boxes and their locations shall be submitted to and approved in writing by the Local Planning Authority. The agreed scheme shall be carried out as approved to the agreed timetable and remain in perpetuity.

Reason: To safeguard protected species and in the interest of biodiversity in accordance with Para 175 of the National Planning Policy Framework and Policies DM1 and DM4 of the Development Management Policies Development Plan Document.

Condition (10) Prior to the commencement of development a written scheme of archaeological investigation must be submitted by the applicant and approved by the Local Planning Authority. Once approved, the scheme shall be implemented in full with an archaeological watching brief being undertaken by a qualified archaeologist. Within two months of the completion of the development, a digital copy of the archaeological report shall be furnished to the Local Planning Authority.

Reason: To afford reasonable opportunity for an examination to be made to determine the existence of any remains of archaeological interest within the site and for the investigation and recording of such remains in accordance with Policy CS8.6 of the Core Strategy and DM3 of the Development Management Policies Development Plan Document.

 

Note – A decision was made by Members to adjourn the meeting for 5 minutes to allow for a short break. The meeting was adjourned at 12.40 pm and recommenced at 12.45 pm.


25/02/2021 - Planning Application No. SL/2020/0364 - Cark Manor, Cark-in-Cartmel, Grange-over-Sands ref: 4513    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 25/02/2021 - Planning Committee

Decision published: 05/05/2021

Effective from: 25/02/2021

Decision:

The Specialist (Development Management) presented the report. He summarised the proposal which sought full planning permission for the change of use from dwelling (Use Class C3) to mixed use dwelling and holiday let (Sui Generis). The application also involved the construction of a car park and access track to the existing access onto Sunny Bank Road. He stated that the proposal did not require any internal or external alterations or division of the existing Cark Manor.

He then turned to the objections raised by the public against the proposal. The material matters raised were (1) the loss of privacy due to the intensification of use of the premises, (2) noise generated from the proposed car park and intensification of use of the premises, (3) loss of light from proposed planting, (4) light pollution, and (5) highway safety impacts from the intensification of vehicle movements. The Specialist stated that at most Cark Manor, under this proposal, could be let to 20 different individuals potentially travelling in 20 different cars.

The Specialist (Development Management) recommended the Committee to approve the application subject to the Conditions 1-10. He stated that the amenity impact of the proposal was limited through the recommended conditions and that the proposal would provide a benefit to the local economy.

Ms Rachel Leather addressed the Committee in favour of the application, speaking on behalf of the applicants. She stated that other locations for the construction of the car park had been investigated and it was concluded that these locations would have had a far greater impact on the environment, listed buildings, and so forth. She said that the property was shielded from the car park by a stone wall. Ms Leather clarified that the applicants’ business model stated that Cark Manor was going to be let only to groups, it was not going to be let by room. She further stated that there was a possibility that guests were to be chauffeured to the manor in order to minimise car movement and traffic. She concluded her representation by stating that this development would support the local economy, especially in the face of a global pandemic.

The Specialist (Development Management) responded to questions raised by Members.

Members discussed the usage of the property, alternative parking solutions and whether the manager and owners would have to ensure that the number of people present at the property was limited to a maximum of 20.

A motion to approve the application was proposed and seconded and a vote was taken on the motion, during which all Planning Committee Members confirmed that they had, without interruption, heard the full presentation and discussion on the item and it was

RESOLVED – That Planning Application No. SL/2020/0364 be approved, subject to the following conditions:

Condition (1) The development hereby permitted shall begin no 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:

             Site Location Plan, date received 25/06/2020

             Proposed Site Plan AMENDED (1829 PL01 rev F (003)), date received 03/12/2020

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

Condition (3) Prior to first use of the holiday let use, visibility splays providing clear visibility of 25 metres to the east of the southern access measured 2.4 metres down the centre of the access road to the nearside channel line of the carriageway edge has been provided at the junction of the access road with the county highway. Notwithstanding the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order) relating to permitted development, no structure, vehicle or object of any kind shall be erected, parked or placed and no trees, bushes or other plants shall be planted or be permitted to grow within the visibility splay which obstruct the visibility splays.

Reason: In the interests of highway safety.

Condition (4) Prior to the first use of the holiday let use, full details of the proposed one way system to access and exit the site shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented prior to the first use of the holiday let use and be maintained operational thereafter.

Reason: In the interests of highway safety.

Condition (5) Details of measures to be taken by the applicant/developer to prevent surface water discharging onto or off the highway from the access toad which slopes down towards the highway shall be submitted to the Local Planning Authority for approval prior to its construction. The surfacing of the access road on a bound material shall extend for at least 5 metres inside the site, as measured from the highway boundary. Any approved works shall be implemented prior to the development being completed and shall be maintained operational thereafter.

Reason: In the interests of highway safety.

Condition (6) Prior to the first use of the holiday let use, full details of both hard and soft landscape works and boundary treatments (including tree planting, hedgerows and earth works) will be submitted to and approved in writing by the Local Planning Authority. The agreed scheme shall be carried out as approved to the agreed timetable. Any trees / shrubs which are removed, die, become severely damaged or diseased within five years of their planting shall be replaced in the next planting season with trees / shrubs of similar size and species to those originally required to be planted.

Reason: These details are required to safeguard and enhance the character of the area and secure high quality landscaping in accordance with Policies DM1, DM2 and DM4 of the of the Development Management Policies Development Plan Document. The details are additionally required to safeguard the setting of a heritage asset.

Condition (7) Prior to the first use of the holiday let use, a scheme of biodiversity net gain shall be submitted to and approved in writing by the Local Planning Authority. The agreed scheme shall be carried out as approved to the agreed timetable and remain in perpetuity.

Reason: These details are required to secure a biodiversity net gain for the proposal in accordance with Policy DM4 of the Development Management Policies Development Plan Document.

Condition (8) The building known as ‘Cark Manor’ shall not be occupied by more than 20 individuals at any one time.

Reason: To safeguard the amenity of neighbouring residents and in the interests of highway safety in accordance with Policy DM1 of the Development Management Policies DPD, Policy CS10.2 of the Core Strategy and Paras 109 and 127 of the National Planning Policy Framework.

Condition (9) A bound register of all occupants of the holiday let use shall be maintained at all times and shall be made available for inspection by the Local Planning Authority on request. The register shall comprise consecutively numbered pages, which shall be kept in order, and each entry shall contain the name and address of the principal occupier together with the dates of occupation and number of occupants.

Reason: To comply with the Council’s development strategy set out within Policy CS1.2 of the Core Strategy.

Condition (10)

a) No external lighting shall be installed unless and until a scheme for the provision of external lighting has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include full details of the location, design, luminance levels, light spillage and hours of use of all external lighting within the site.

b) The approved lighting scheme shall be implemented in full prior to first occupation of the development hereby approved.

Reason: These details are required to be approved before the commencement of development to safeguard and enhance the character of the area and to minimise light pollution in accordance with Policy DM2 of the Development Management Policies Development Plan Document.


25/02/2021 - Planning Application No. SL/2019/1032 - Holme House Farm, Skelsmergh, Kendal ref: 4512    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 25/02/2021 - Planning Committee

Decision published: 05/05/2021

Effective from: 25/02/2021

Decision:

Note – The Planning Officer’s presentation displayed at the meeting had been circulated to Members and displayed on the Council’s Website on the day before the meeting.

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

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

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

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

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

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

The Principal Planning Officer responded to questions raised by Members.

A motion to approve the application with the removal of Condition 5 was proposed and seconded and a vote was taken on the motion, during which all Planning Committee Members confirmed that they had, without interruption heard the full presentation and discussion on the item.

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

The motion was lost.

A motion to approve the application subject to all conditions was proposed and seconded and a vote was taken on the motion, during which all Planning Committee Members confirmed that they had, without interruption heard the full presentation and discussion on the item and it was

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

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

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

b) the following conditions:

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

             Location Plan, PP (11)

             New Build Zones, (PP) 03 Rev D;

All other submitted plans have been treated as illustrative only.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Landscaping

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

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

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

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

Accessible and adaptable homes

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

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

Broadband

Condition (10) None of the dwellings hereby approved shall be first occupied until connected to the necessary infrastructure to enable access to high speed (superfast) broadband, unless this is unfeasible in the terms set out in policy DM8 (High Speed Broadband for New Developments) of the South Lakeland Development Management Policies Development Plan Document.

REASON: To comply with policy DM8 (High Speed Broadband for New Developments) of the South Lakeland Development Management Policies Development Plan Document.

Sustainable construction

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

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

Land contamination

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

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

Flood risk

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

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

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

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

Foul drainage

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

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

Biodiversity

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Lighting

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

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

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

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

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

Construction hours

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

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

Access

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

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

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

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

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

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


05/01/2021 - Application to licence a Private Hire Vehicle contrary to Vehicle Age Limit Policy (Cttee Ref: LR03 -20/21) ref: 4511    For Determination

Decision Maker: Licensing Regulatory Sub-Committee

Made at meeting: 05/01/2021 - Licensing Regulatory Sub-Committee

Decision published: 05/05/2021

Effective from: 05/01/2021

Decision:

The Licensing Specialist addressed the Committee and presented a report asking the Sub-Committee to consider an application for the grant of a Private Vehicle Hire Licence, explaining that, if granted, this would require the Council to dispense with the current vehicle age limit policy, as the vehicle in question was more than five years old and was not a wheelchair accessible vehicle.

 

The applicant then presented their case, and responded to questions raised by members of the Sub-Committee before making a closing statement.

 

The Sub-Committee, supported by the Legal, Democracy and Governance Specialist, then withdrew to consider the circumstances put forward and subsequently reconvened to deliver the decision.

 

Having heard the facts of the case, having had regard to the Council’s policy, and guidance on Private Hire Licensing and having heard the representations made by the applicant, the Sub-Committee considered the circumstances put forward and

 

RESOLVED – That the applicant be granted a Private Hire Vehicle Licence for the vehicle bearing the registration mark AE64VRJ, providing that the vehicle passes a six-monthly MOT test and continues to comply with the Council’s policy.

Wards affected: (All Wards);

Lead officer: Patrick Cantley


09/04/2021 - Licensing Act 2003 - Application for the grant of a variation to an existing premises licence ref: 4510    For Determination

Application to vary the existing premises license by Lake District Leisure Pursuits Ltd for Fallbarrow Holiday Park, Rayrigg Road, Windermere.

Decision Maker: Licensing Sub-Committee

Made at meeting: 09/04/2021 - Licensing Sub-Committee

Decision published: 05/05/2021

Effective from: 09/04/2021

Decision:

The Sub-Committee informed all parties of the late representations that had been submitted which had been distributed prior to the meeting. All parties confirmed receipt and were given additional time to consider the late representations.

 

The Licensing Sub-Committee reconvened at 10.42 am. The Principal Specialist (Health and Environment) presented the application to vary an existing premises licence made by Lake District Leisure Pursuits Limited in respect of Fallbarrow Holiday Park, Rayrigg Road, Bowness on Windermere, LA23 3DL. That amongst others, the applicant sought to vary their hours of trading. He stated that the applicant had also submitted a Noise Management Plan (NMP) and Noise Assessment Report to the Environmental Protection Team had already been approved by the Environmental Protection Team.

 

The Principal Specialist (Health and Environment) stated that 14 representations had been received from local members of the public living in close proximity to the site. He explained that the representations were concerned that the possible effect of granting the licence would undermine the licensing objectives of ‘Prevention of Public Nuisance’, as a result of increased noise emissions from the site, and ‘Prevention of Crime and Disorder’ resulting from an increase in antisocial or drunken behaviour. Copies of the representations could be found at Appendix 4 of the report.

 

The Principal Specialist (Health and Environment) responded to questions from Members.

 

Frances Musetti spoke, on behalf of herself and her family, as well as her in-laws and another local young family in the area. She stated that they objected to the application principally because it would be a cause of public nuisance. She explained that the area surrounding the site was a quiet residential area and that it would be inappropriate to encourage late-night drinking. Such loud regular activity would stop people from being able to properly spend time with their families in their own homes. Further, there would be a lot of extra traffic. She explained that pubs and clubs in Bowness filled up quickly and this summer in particular, as a result of the pandemic quarantine, was expected to be very busy. Hence, people would move up to Fallbarrow once Bowness had reached capacity. She stated that she walked her dog at night and recalled that she had had to cross the road on several occasions due to brawls and other occurrences caused by excessive drinking. Increasing the hours of consumption would cause a significant nuisance and disturbance. Ms Musetti stated that the noise report submitted by the applicant did not cover the issue in its totality, by ignoring factors such as the impact of wind. She stated that excessive drinking also had the potential to cause more accidents and possible fatalities, which she claimed had happened in the past. She concluded her representation by stating that encouraging more drinking did not seem like a reasonable thing to do.

 

Frances Musetti responded to questions from Members. She was asked whether there had been any occurrence of noise and disturbance where she felt the need to call the police, to which she stated that while she had not called the police, she did not enjoy the experience of these occurrences.

 

Phil Heatley was invited to speak on behalf of himself and his wife. His primary concern was that of noise disturbance. With regard to the noise report, he stated that 85 decibels was classed as dangerous and that he was not happy with the prospect of noise being played at this level. He stated that Fallbarrow Holiday Park had held several outdoor events in 2019 which had caused horrendous noise disruption. He stated that plenty of establishments in Bowness held such events indoors and he did not comprehend why this applicant insisted on holding outdoor events. He concluded his representation by stating that he did not believe that the issue of noise had been addressed correctly and that he was concerned that it would not be policed correctly either.

 

At 11.16 am after the representations by Frances Musetti and Phil Heatley, Frances Musetti informed the Sub-Committee and other participants using the chat function that she and Mr Heatley needed to leave due to other commitments.

 

Jonathan Smith, the applicant’s legal representative, was invited to speak. He clarified that the variations to which there had been no objections were (1) internal alterations to the boat house, (2) the requirement for security, (3) the requirement for CCTV, (4) the requirement for a fire risk assessment, and (5) the requirement to protect children from harm. Mr Smith explained in depth the changes to the times of licensable activity which could be found on pages 11 – 19 on the agenda. He explained that due to the circumstances arising from the Coronavirus pandemic, caravan parks were looking to ensure that they were able to use outdoor areas as there was a reduction in capacity for indoor areas and wanted their guests to feel more comfortable. Mr Smith stated that the 2012 Live Music Act permitted various live entertainment between the hours of 11am and 8pm to be carried out without a licence, however the applicant needed permission for the showing of films for their ‘Movies under the Stars’ entertainment section. Mr Smith explained that the Acoustic Report had simulated music events in three points across the site. He further stated that staff were trained to use handheld noise monitor devices which they would randomly be using in the identified areas across the site to ensure the sound levels did not exceed 80 decibels. He added that a Noise Complaint Log would be retained for 12 months and that nearby residents were to be provided with a telephone number as well as a community email address which could be used to contact the park. Mr Smith concluded his representation by stating that there had been no objections to the application received by police or other relevant authorities.

 

Jonathan Smith responded to questions from Members. Pete Stedman clarified that artists hired to perform would be contractually bound to adhere to the noise regulations. He further added that ‘Movies under the Stars’ was a touring event which included a sound technician. He highlighted that the 80 decibel limit was not a target, but rather a maximum level that could not be breached. Mr Smith highlighted that not all visitors to the park wanted to hear the entertainment, so there was good reason to self-regulate besides the licence conditions.

 

Jonathan Smith gave his closing statement, in which he stated that the application could be granted with the conditions specified in the report and that he believed that they would be balanced with the needs of the business as well as the local residents. He highlighted that police had not provided any concerns and that there was an agreed Noise Management Plan and Noise Assessment Report already in place which the Environmental Protection Team were happy with.

 

Note – The Licensing Sub-Committee held deliberations. At 12.06 pm the meeting was adjourned. The meeting reconvened at 12.46 pm.

 

Note – A One Minute Silence was held to honour the death of the Duke of Edinburgh.

 

RESOLVED – That the application be granted subject to the mandatory conditions, the adherence to the submitted and approved Noise Management Plan and  and Noise Assessment Report dated 08 April 2021, the condition of operating CCTV with a minimum retention period of 28 days and that sale of alcohol in the outdoor areas of the premises including the boathouse and other areas identified by the plan submitted be limited to 23:00 hours.

 

A written reasons for decision was sent to the applicant and relevant people that made representations.

 

All parties were informed of their right to appeal against the decision to Magistrates’ Court within 21 days of the decision in accordance with s181 and Schedule 5 of the Licensing Act 2003.

Wards affected: Bowness & Levens;

Lead officer: Sean Hall


20/04/2021 - Standards Committee Work Programme April 2021- May 2022 ref: 4508    For Determination

A report to consider the work programme for the Standards Committee April 2021- May 2022.

Decision Maker: Standards Committee

Made at meeting: 20/04/2021 - Standards Committee

Decision published: 04/05/2021

Effective from: 20/04/2021

Decision:

The Legal, Governance and Democracy Lead Specialist (Monitoring Officer) presented the Standards Committee’s Work Programme for 2021/2022. She outlined the Work Programme for the new municipal year and stated that the Standards Training in the past year had been received well.

RESOLVED – That the Standards Committee’s Work Programme for 2021/2022 be noted.

Wards affected: (All Wards);

Lead officer: Linda Fisher


20/04/2021 - Internal Audit Report - Assurance Review of Member's Interests and Declarations ref: 4507    For Determination

To review the register of interests and gifts and hospitality for employees for the period September 2019 to April 2021

Decision Maker: Standards Committee

Made at meeting: 20/04/2021 - Standards Committee

Decision published: 04/05/2021

Effective from: 20/04/2021

Decision:

The Legal, Governance and Democracy Lead Specialist (Monitoring Officer) presented the report to update Members on the internal audit review and the register of interests and gifts and hospitality for employees and Members for the period April 2020 to April 2021. She stated that in that period there had been one Councillor declaration of a gift and one Officer declaration of a gift. She further highlighted that a Council wide Governance and Accountability working Group had been set up which was to meet for the first time in May 2021.

RESOLVED – That the report and the actions be noted.

Lead officer: Linda Fisher, Julia Krier


20/04/2021 - Code of Conduct Complaints ref: 4505    For Determination

A report of the Monitoring Officer with regards to complaints under the Council’s Standards Arrangement from October 2020

Decision Maker: Standards Committee

Made at meeting: 20/04/2021 - Standards Committee

Decision published: 04/05/2021

Effective from: 20/04/2021

Decision:

The Legal, Governance and Democracy Lead Specialist (Monitoring Officer) presented the report, noting that due to Covid 19 there had been some delay in dealing with some complaints.

In the discussion, Councillors raised the question of possible Social Media complaints and the possibility of providing training around this issue. The Legal, Governance and Democracy Lead Specialist (Monitoring Officer) stated that the Member Support Steering Group (MSSG) and Local Government Association (LGA) had already provided a social media toolkit. She further stated that since 2019 there had been no social media complaints raised. The Legal, Governance and Democracy Lead Officer (Monitoring Officer) stated that this would be picked up in the training programme and noted the point for action. A further point noted for action as a result of Members’ discussion on the item was to make an addition to Appendix 1 in future to show not only the date a complaint had been received but also the date a complaint had been resolved. This action was noted by the Legal, Governance and Democracy Lead Specialist (Monitoring Officer).

RESOLVED – That the report be noted.

Wards affected: (All Wards);

Lead officer: Linda Fisher, Julia Krier


20/04/2021 - South Lakeland District Council Code of Conduct, Arrangements and Guidance Revision ref: 4506    For Determination

In December 2020 the Local Government Association published its Model Code of Conduct for Local Authority Members. This Report recommends adopting the said Code (with suitable local revisions) together with revisions to the Council’s Arrangements for Dealing with Code of Conduct Matters and Guidance so as to implement the Committee for Standards in Public Life’s Best Practice Recommendations.

Decision Maker: Standards Committee

Made at meeting: 20/04/2021 - Standards Committee

Decision published: 04/05/2021

Effective from: 20/04/2021

Decision:

The Legal, Governance and Democracy Lead Specialist (Monitoring Officer) presented the report which requested that the Standards Committee recommended the changes to the Code of Conduct, arrangements and guidance to Council recommending that it adopts the LGA Code of Conduct (as amended), the Arrangements for Dealing with Standards Matters and the Code of Conduct Guidance, as set out in the report.

Members considered the report and discussed certain definitions and possible changes to be made. These points would be summarised and included within the report to Council. The Legal, Governance and Democracy Lead Specialist (Monitoring Officer) was asked to clarify Appendix 1 and box 11 to consider and change the wording to be consistent with other responses. Further the standards committee consider the levels for declaration of gifts and hospitality but no changes were proposed, the Monitoring Officer was requested to seek clarification of the position across Cumbria and to clarify this in the report to Council. The Monitoring Officer agreed to consider wording and consistency highlighted at the meeting before presenting the report to the Council meeting.

RESOLVED – That the Standards Committee recommends to Council that it adopts the LGA Code of Conduct (as amended), the Arrangements for Dealing with Standards Matters and the Code of Conduct Guidance, as set out in the Report.

Wards affected: (All Wards);

Lead officer: Linda Fisher


20/04/2021 - Annual Report 2020/2021 ref: 4504    For Determination

A draft Annual report , attached at Appendix 1. This provides details of the work of the Committee and the operation of the standards Arrangements over the last 12 months.

Decision Maker: Standards Committee

Made at meeting: 20/04/2021 - Standards Committee

Decision published: 04/05/2021

Effective from: 20/04/2021

Decision:

The Chairman expressed his gratitude to the Committee and Council in general for their perseverance and adherence to standards and the code of conduct during the ongoing pandemic.

The Legal, Governance and Democracy Lead Specialist (Monitoring Officer) introduced the report, stating that there had been ten complaints made since April 2020, nine of which were related to Parish Councillors and one related to a District Councillor. She further clarified that the majority of matters had been dealt with by way of no further action and that no hearings had been necessary. The Legal, Governance and Democracy Lead Specialist (Monitoring Officer) also stated that the Members’ Register of Interests continued to be maintained and updates as and when Members notified her of changes. She explained the training that had been provided to Councillors, noting that Covid 19 had resulted in no requirements to provide Induction Training  for new members on the Code of Conduct, however, refresher training had been provided to District and Parish Council Members.

RESOLVED – That the report is agreed and referred to Full Council.

Wards affected: (All Wards);

Lead officer: Linda Fisher