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.

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

Decisions published

09/09/2020 - A590 Cross a Moor Junction Improvement ref: 4373    Recommendations Approved

Decision Maker: Cabinet

Made at meeting: 09/09/2020 - Cabinet

Decision published: 11/09/2020

Effective from: 19/09/2020


09/09/2020 - Annual Procurement Update 2019/20 ref: 4370    Recommendations Approved

Decision Maker: Cabinet

Made at meeting: 09/09/2020 - Cabinet

Decision published: 11/09/2020

Effective from: 19/09/2020

Decision:

Summary

 

The Finance and Resources Portfolio Holder presented a report which provided an update on progress across the procurement function, a review of activity in the financial year 2019/2020 and a review of the 2020/21 procurement schedule.  He welcomed the Council’s new Procurement Specialist, Gillian Flowers, who had taken up the post in January 2020.

 

The Procurement Team had been busy over the past 12 months supporting the delivery of a large number of procurement exercises for goods and services, the Procurement Schedule for 2019/20 having listed 92.  Of these exercises, 45 had been completed, with 14 showing as “work in progress”, two “scope for change” and 31 being carried forward to the 2020/21 Schedule.  The Team had led the successful procurements for a number of important projects, including playgrounds, Kendal Markets, consultancy, ICT, Grange Lido and Kendal Town Hall.  The Team continued to work closely with the Corporate Asset Manager and the Council’s Property Services Provider (Lambert Smith Hampton) to delivery property-related procurement projects covering servicing and work contracts.  This contract would be reviewed later in the year.

 

The Council’s Constitution had permitted officers to conduct and conclude the contracting processes without further approval providing it was in line with the Procurement Schedule, to be approved by Council at least annually.  There was still a requirement to comply with Forward Plan requirements on all contracts prior to contract award.  Where a procurement process was over budget then approval would still be required in accordance with the Financial Procedure Rules.  Where an officer sought approval for a waiver or exemption under the Contract Procedure Rules this was also included in the Procurement Schedule.  An updated Procurement Schedule for 2020/21 was attached at Appendix 1 to the report and included some additional procurement exercises to those approved in February 2020.

 

A Contract Review Board, comprising officers from the Legal, Governance and Democracy Team, the Finance Team, the Support Services Case Management Team and the Customer and Commercial Services Department had been formed.  The Board’s work had included identifying contracts impacted by Covid-19, with reports to Cabinet as required, the review of the use of certain frameworks to ensure value for money and working closely with officers from across the Council to understand requests for waivers and exemptions and to limit their use wherever possible.  The emphasis of this Team was to focus on value for money.

 

A Commissioning Strategy had been prepared and approved by Council in July 2020 which would complement the Procurement Strategy.  The Procurement Specialist was currently reviewing the Procurement Strategy in line with the Commissioning Strategy as a golden thread, and was also seeing how it fitted into the procurement guidance within the Constitution.

 

The report referred to challenges in the future.  As the UK left the EU, it was envisaged that there would be changes to the Procurement Regulations, initially in terms of thresholds, but eventually in terms of regulation and accountability.  The Public Contracting Regulations 2015 would stay in place in the mean-time.  The Council’s procurement portal, the Chest, was one of those that would be compatible with the Government’s replacement for OJEU, so any threshold changes regarding advertisements for completion would be automatically put in place.

 

Internal audit had flagged up some need for improvement in contract management in the Council.  With new staff and staff undertaking new roles, there were a number of staff that had not previously had procurement or contract management experience, so a training package was being put together as either a refresher tool or as an introduction to the new duties.  Once again, this task had been delayed by Covid-19.

 

Covid-19 has been a big influencer on the markets this year and would continue to be so for the foreseeable future.  Contractors had been seen to go into administration and the uptake for new business was down as suppliers fought to maintain their existing business.

 

The Council was looking for savings and value for money exercises in order to reduce its deficit over the next few years.  Procurement was in a position to recommend routes to the market which could provide those savings, in particular where there were savings from economies of scale and compelling competition.  There were areas where Procurement could provide additional support and advice, such as the use of Agency staff, where savings could be anticipated.

 

Members acknowledged the challenges faced by the Council in terms of procurement in the present climate.  The Leader expressed gratitude for the efficient work in relation to procurement, pointing out that the Procurement Schedule provided useful information for individual Ward Members.

 

Two questions were raised.  Firstly as to whether there had been a reduction in the use by the Council of agency staff, and secondly seeking clarity as regards the Town View Fields Out of Hours Contract item within the Procurement Schedule and as to what type of post this was given the problems of drugs and alcohol at the site.  The Finance and Resources Portfolio Holder informed Members that the Council was striving to reduce the number of agency staff, although pointed out that services had to be delivered.  The Finance Lead Specialist (Section 151 Officer) undertook to ensure that a full written response was provided in relation to both questions.

 

The Leader asked the meeting if the motion was agreed.  There was no dissent.

 

Decision

 

RESOLVED – That

 

(1)        progress across the procurement function over the past 12 months be noted; and

 

(2)        the updated Procurement Schedule attached at Appendix 1 to the report be recommended to Council for approval.

 

Reasons for Decision

 

Procurement is a key element of ensuring excellent, value for money services.

 

The update on progress across the procurement function and the review of activity in 2019/20 is a historic review for noting.

 

The review of the 2020/21 procurement schedule is in line with the Council’s Contract Procedure Rules and enables officers to ensure that contracts are awarded both promptly and transparently.

 

Alternative Options Considered and Rejected

 

An annual update to Cabinet does not take place.  However, falling under the portfolio for Finance, it is vital that the procurement function continues to be driven and supported by Members and senior managers.  This will result in a more accountable and focussed procurement function delivering positive outcomes financially and in the quality of Council services.

 

The Procurement Schedule is not updated.  This reduces the efficiency of the Council by requiring individual reports and decisions for tender exercises.  This also increases the time taken to let contracts.  Also, the Council fails in its statutory duty to report to the public procurement activity.


09/09/2020 - Cabinet Appointments to/Representation on Outside Bodies 2019/20 and 2020/21 ref: 4372    Recommendations Approved

Decision Maker: Cabinet

Made at meeting: 09/09/2020 - Cabinet

Decision published: 11/09/2020

Effective from: 19/09/2020

Decision:

Summary

 

Further to CEX/12 (2019/20) and, more recently, the appointment of Councillor Philip Dixon as Customer and Commercial Services and People Portfolio Holder, consideration was given to appointments to/representation on outside bodies that fell within the remit of that Portfolio for the remainder of 2020/21, namely the Cumbria Strategic Waste Partnership and the Parking and Traffic Regulation Outside London Joint Committee.

 

The Leader informed Members that the decision on the remaining vacancy for a Substitute Member on the North West Local Authorities Employers’ Organisation would be dealt with by Council on 6 October.

 

The Leader asked the meeting if the motion was agreed.  There was no dissent.

 

Decision

 

RESOLVED – That Councillor Philip Dixon be appointed to serve as the Council’s representative on the Cumbria Strategic Waste Partnership and the Parking and Traffic Regulation Outside London Joint Committee for the remainder of 2020/21.

 

Reasons for Decision

 

Appointments to Outside Bodies assist in the delivery of the Council Plan through partnership working.

 

Alternative Options Considered and Rejected

 

Not to make appointments, which could affect the Council’s ability to influence partners on important strategic issues.


09/09/2020 - Designation of Burneside Neighbourhood Area ref: 4371    Recommendations Approved

Decision Maker: Cabinet

Made at meeting: 09/09/2020 - Cabinet

Decision published: 11/09/2020

Effective from: 19/09/2020

Decision:

Note – Councillors Giles Archibald and Jonathan Brook declared other registrable interests in this item of business both by virtue of the fact that they were Members of Kendal Town Council which had submitted a written objection to the proposal.  Having sought legal advice from the Legal, Governance and Democracy Lead Specialist (Monitoring Officer), both Members felt it to be appropriate to remain in the meeting, however, to not take part in the discussion and to abstain in the voting on the item.  Councillor Archibald remained in the Chair for the item.

 

Summary

 

The Climate Emergency and Localism Portfolio Holder presented the report, informing Members that, under the Localism Act, 2011, communities could shape new development by preparing Neighbourhood Plans and Neighbourhood Orders.

 

On 19 April 2016, Burneside Parish Council had submitted an application for a Neighbourhood Plan area that constituted the whole of Burneside Parish (Strickland Ketel and Strickland Roger) excluding those parts of the Parish within the development boundary of Kendal in the South Lakeland Local Plan – Land Allocations.  These allocations were West of High Sparrowmire and part of North of Laurel Gardens.  The Neighbourhood Area had been formally approved by South Lakeland District Council on 29 June 2016.

 

Burneside Parish falls partly within South Lakeland’s area as Local Planning Authority (LPA) and partly within the Lake District National Park Authority’s (LDNPA’s) area as LPA and the application had been made to both LPAs accordingly.

 

On 28 January 2020, Burneside Parish Council had submitted an application to the Council and LDNPA for the designation of a Neighbourhood Area following informal discussions with officers from the Strategy Team and in liaison with the LDNPA’s equivalent officers.  The proposed Neighbourhood Area constituted all of Burneside Parish.  This application, therefore, constituted a variation to the currently designated Burneside Neighbourhood Area.

 

Under the Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulation 2016, LPAs had to designate (approve) a Neighbourhood Area in cases where an application was received from a Parish Council which consisted of the whole of the parish council area.  The regulations did not require LPAs to invite representations to be made where an application met this criteria.

 

An anomaly now existed between the current legislation and the Council’s Constitution.  Legislation was clear that there was no discretion and that a LPA must approve a Neighbourhood Area application if it met the criteria.  Under the Council’s Constitution, the Director of People and Places (now Director of Strategy, Innovation, and Resources) had delegated powers to approve any further applications for the designation of Neighbourhood Areas in respect of parishes that were wholly or partly outside the Lake District National Park and Yorkshire Dales National Park only where:-

 

(a)        the applications related to the designation of single whole parishes, excluding areas of any other parishes; and

 

(b)        no substantive objections were received.

 

In order for the delegated power to be exercised and in compliance with the Council’s Constitution requirements, the application had been publicised and representations had been invited.  The representations received were outlined in Section 4.0 of the report.  There had been three objections to the application, and these were considered to be substantive in nature.  The objections had been considered, and a response to each was provided at paragraph 4.4 of the report.  Due to substantive objections having been received, under the Council’s Constitution, the decision needed to be made by Cabinet.

 

Given that the legal regulations required LPAs to designate Neighbourhood Area Applications as submitted, and taking into account the representations received, it was considered that the proposed Neighbourhood Area was appropriate and that the Council should designate the Neighbourhood Area as proposed.

 

The report indicated that the LDNPA had formally agreed to designate the Neighbourhood Area.

 

Members acknowledged the need to comply with regulations as stated within the report.

 

In light of notice of the intention to abstain raised by Councillors Archibald and Brook, a vote was taken on the proposals.

 

Decision

 

RESOLVED – That the following be noted:-

 

(1)        the outcome of the consultation and objections referred to within the report; and

 

(2)        that the Neighbourhood Area application submitted by Burneside Parish Council on 28 January 2020 and published on 16 April 2020 will now be designated as a Neighbourhood Area of Burneside Parish in accordance with Regulation 5A of the Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulation 2016.

 

Reasons for Decision

 

Progressing a Neighbourhood Plan will help to ensure that people have a greater say in what happens in their area, empowering people, which is a Council Plan Value.  Additionally, it is likely to support delivery of Economic Growth, Balanced Community, and responding to climate change and enhancing biodiversity priorities, depending on the content of the final Plan.

 

The designation as a Neighbourhood Area of Burneside Parish will enable the Parish Council to prepare a Neighbourhood Plan for the Parish as a whole.

 

Alternative Options Considered and Rejected

 

There are no alternative options other than to approve the designation of the area applied for.  Under Regulation 5A as inserted by the Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2016 the Local Planning Authority must designate the specified area as a neighbourhood area.

 

If the Council refused the application, this would be contrary to legal regulations which state the Local Planning Authority has to designate the Neighbourhood Area, and would prevent Burneside Parish Council from preparing a Neighbourhood Plan that consists of the whole Parish area.  The Council would be required under the Neighbourhood Planning (General) Regulations 2012 7(2) to publish a document stating its reasons for the refusal.


09/09/2020 - Corporate Financial Update Quarter 1, 2020/21 ref: 4369    Recommendations Approved

Decision Maker: Cabinet

Made at meeting: 09/09/2020 - Cabinet

Decision published: 11/09/2020

Effective from: 19/09/2020

Decision:

Summary

 

The Finance and Resources Portfolio Holder presented the Corporate Financial Monitoring report for Quarter One of 2020/21, highlighting the Council’s expenditure and income during the first three months of the financial year, but also including current projections of expenditure for the remainder of the year and officers’ planned actions to ensure a balanced budget by the end of the financial year.  The report also detailed virement requests in relation to the Community Housing Fund, Next Steps Accommodation Programme and South Lakeland House/Kendal Town Hall.  The report further sought approval for the continuation of the emergency decision to increase counterparty limits for Money Market Funds to £10m for the remainder of 2020/21.

 

The Finance and Resources Portfolio Holder drew attention to an error in the information contained within the report in the section on the Collection Fund, at paragraph 3.5.3.  The Council expected to collection £44.5m of business rates during 2020/21 and retained 40% of the income, so the total value of the reduction was £300,000, and not £85,000 as shown.

 

The Finance and Resources Portfolio holder explained how the Council’s financial position had been made more complex by Covid-19, with an estimated loss of £1.7m income in Quarter 1 of the current financial year and spend around £300,000 more than originally budgeted.  During the quarter, it had become clear that Covid-19 would have a major impact, so budgets had been revised and approved by Cabinet and Council in June 2020.  Overall, it was estimated that the impact of Covid-19 on the total cost of services in 2020/21 would be £800,000 higher than the £2.1m approved in June 2020, but it was expected that the recently approved Sales, Fees and Charges compensation grant from the Government would reduce the impact by around £1.4m to £1.5m overall.  While it was impossible to clearly split the impact of Covid-19 from the normal business as usual costs, an overspend of £69,000 was currently projected for normal service costs.  The impact of Covid-19 and delays in recovery action had resulted in higher levels of debt compared to previous years.  Recovery action had now restarted and it was expected that new recovery posts should help the position.

 

The Finance and Resources Portfolio Holder pointed out how the Council had not been distracted by the Covid-19 pandemic and had continued to monitor and control its budget and expenditure, and he thanked officers for their work during this busy time.

 

Members echoed thanks to the Finance and Resources Portfolio Holder and officers for their efforts in producing the update, for the underlying work in the financial planning and the clarity of the analysis in difficult and uncertain times.

 

The Leader asked the meeting if the motion was agreed.  There was no dissent.

 

Decision

 

RESOLVED - That

 

(1)        the contents of the report and Appendices 1-3 be noted;

 

(2)        Council be recommended to agree to the continuation of the increase in counterparty limits for Money Market Funds to £10m for the remainder of 2020/21;

 

(3)        receipt of the grant funding be authorised and authority delegated to enter into the funding agreement with the LEP as outlined in paragraph 3.3 of the report to the Director of Customer and Commercial Services in consultation with the Legal, Governance and Democracy Lead Specialist and the Portfolio Holder for Finance and Resources; and

 

(4)        Council be recommended to agree the virements set out in Section 3.3 of the report.

 

Reasons for Decision

 

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

 

Alternative Options Considered and Rejected

 

To return the counterparty limit on money market funds to £5 million.  This will impact the Council’s ability to maintain short term liquidity and could result in higher balances being kept in the Councils bank account which does not earn any interest.

 

To refuse the requested virements.  This will prevent the Council applying funds from Government within the district to improve housing and reduce homelessness.

 

There are no alternative options relating to Revenue Budget Monitoring, Capital Budget Monitoring or Treasury Management Review.


10/09/2020 - Rapid Rehousing Pathway ref: 4367    For Determination

Decision Maker: Delegated Executive Decisions

Made at meeting: 10/09/2020 - Delegated Executive Decisions

Decision published: 11/09/2020

Effective from: 19/09/2020

Decision:

(Director of Strategy, Innovation and Resources) on behalf of (Director of Customer and Commercial Services)

 

Summary

 

Consideration was given to the Rapid Rehousing Pathway Local Letting Scheme which sought approval for funding year two of the project. The Ministry of Housing, Communities and Local Government (MHCLG) had opened a round of funding, named the Rapid Rehousing Pathway, which had invited applications from councils across England in order to reduce rough sleeping and homelessness across their areas. Carlisle City Council had submitted a bid on behalf of the Cumbria Districts. The bid was successful and the MHCLG awarded funds to Carlisle City Council as the accountable body. South Lakeland District Council’s (SLDC) allocated funding was £38,220. This funding had been paid and committed. A further bid for additional funding was submitted by Carlisle City Council and SLDC was awarded a further £38,774. The first year of the Rapid Rehousing Pathway Project had already been delivered and SLDC were part way through the delivery of year two. The scheme had worked extremely well, with targets being met within the initial six months. SLDC’s Homelessness and Rough Sleeping Strategy 2019 to 2024 set out a key action to ‘develop the work of Government funded initiatives which supported rough sleepers across Cumbria’. The Rapid Rehousing Pathway Project was consistent with meeting the strategy’s priorities which were:

 

·         Homeless prevention;

·         Increasing the supply of settled accommodation;

·         Ensuring the right support was available to those that needed it; and

·         Tackling complex needs.

 

The funding would continue to support the Council in its role in tackling homelessness and rough sleeping.

 

Decision

 

(1)        the receipt by the Council of grant funding for year one be noted and

year two funding, in respect of the Rapid Rehousing Pathway project following successful bids by Carlisle City Council to MHCLG on behalf of the Districts, be approved.

 

(2)        the Director of Customer and Commercial Services in conjunction with the Lead Specialist Legal Governance and Democracy enter into the appropriate agreements, on behalf of the Council, to receive and administer the grant funding for years one and two of the Rapid Rehousing Pathway project.

 

Reasons for Decision

 

Within SLDC’s Homeless and Rough Sleeping Strategy there are four key priorities:-

 

·         Homeless prevention;

·         Increasing the supply of settled accommodation;

·         Ensuring the right support was available to those that needed it; and

·         Tackling complex needs.

 

The proposal for year two will help in the delivery of these priorities. In addition the proposal will also help in the delivery of the Council Plan’s aim to provide ‘homes to meet the need’.

 

Alternative Options Considered and Rejected

 

The Council could decide not to accept the funding available for year two but his was not recommended as it would not support the work of the Private Rented Accommodation Officer, Support Officer and Rough Sleeping Co-ordinator who was currently in post to reduce homelessness and rough sleeping in South Lakeland. There were no other options available to the Council at the time.


10/09/2020 - Sale of Council-owned Land to East of Manorside, Flookburgh ref: 4368    Recommendations Approved

Decision Maker: Delegated Executive Decisions

Made at meeting: 10/09/2020 - Delegated Executive Decisions

Decision published: 11/09/2020

Effective from: 19/09/2020

Decision:

(Director of Strategy, Innovation and Resources) on behalf of (Director of Customer and Commercial Services)

 

Summary

 

Consideration was given to the sale of Council owned land to the east of Manorside, Flookburgh, in order to facilitate the development of an adjacent allocated residential development site.

 

Following the housing stock transfer in 2012, The Council had retained freehold ownership of a small area of housing amenity land at Manorside, Flookburgh. The land to the immediate east of the land had been allocated for residential development within the Council’s 2013 Land Allocations Development Plan Document (LADPD). The key to the delivery of the planning allocation was to secure appropriate vehicular access. The allocated site could potentially be accessed from Manorside or from Market Street (B5277).

 

A prospective developer was in the process of finalising an ‘option to purchase’ with the owner of the allocated housing site. The developer had also approached the Council with a request to purchase the land at Manorside under the terms of an ‘option to purchase’ in order to facilitate vehicular access to the development site.

 

The Council’s property agent, Lambert Smith Hampton (LSH) had been tasked with leading negotiations with the developer. LSH had attempted to reach agreement in accordance with the principle of ‘ransom value’ in the context of the extent of alternative access options to the development site. If access to the development site could only have been achieved over the Council’s land, negotiations for the sale/right of access would have started at 50% of the increase in value of the development site (half of the difference between residential development land value and existing use value). This arose from the basis that value could not have been unlocked without the agreement of both parties, the allocated site landowner and the Council as ‘ransom’ landowner, so any benefit should be shared equally. This approach accorded with relevant case law and the ‘best consideration’ requirements of s123 of the Local Government Act 1972.

 

Pre-application advice from the Council’s Development Management Team had confirmed that the allocated site could ‘in theory’ be accessed directly from Market Street (B5277) or from Manorside, subject to County Highways approval. This advice led to the negotiation approach to move to the assessment of 50% of the construction cost saving of utilising the proposed access route from Manorside, versus the alternative option of access from Market Street.

 

Following evaluation of the respective costs, by LSH, it was provisionally agreed that Manorside was the cheaper of the two access options.

 

Note – The valuation was detailed in Appendix 1 in Part ll of the Agenda which was excluded from inspection by members of the public in accordance with Section 100B(2) of the Local Government Act 1972, copies of the appendix to this report are excluded from inspection by members of the public as they contain information as described in Schedule 12A of the Act, as amended by the Local Government (Access to Information) (Variation) Order 2006, as follows:-

 

- Information relating to the financial or business affairs of any particular

person (including the authority holding that information). (Paragraph 3)

 

The developer subsequently agreed to the valuation and was looking into entering into an ‘option agreement’ to purchase the land from the Council. The ‘option agreement’ would run for a maximum period of three years.

 

Established local authority policy on the sale of small ad-hoc areas of land was generally that:-

 

·         Each case should be treated on its own merits; and

·         A sale would usually be approved where:-

 

1.    The land was not required for service provision;

2.    The land had no conceivable development potential (existing or future) either in isolation or in conjunction with adjoining council retained land; and

3.    Disposal would not result in and adverse effect on retained council property.

 

None of the above three reasons was present to resist the decision to dispose of the land.

 

Part of the subject area of land was temporarily let to a local resident on a garden tenancy basis. The arrangement could be terminated upon three months’ notice.

 

Decision

 

(1)        the sale of Council owned land to the east of Manorside, Flookburgh, for the sum, as per the valuation by Lambert Smith Hampton and as noted in the Part II Appendix 1 to the report, to facilitate residential development of an adjacent area of land which has been allocated for housing in the South Lakeland Local Plan Land Allocations DPD be authorised.

 

(2)        the negotiation and documentation of the terms of the sale be delegated to the Operational Lead for Delivery and Commercial Services in conjunction with the Lead Specialist for Legal, Governance and Democracy.

 

Reasons for Decision

             

(1)        To assist in the delivery of the Council Plan priorities for Housing and Communities:

 

Creating balanced communities by delivering affordable homes to meet need (through the facilitation of the adjoining allocated development site) with:-

 

a)    new affordable homes to rent (Adopted local policy will require ten affordable homes on the adjoining site, including five affordable rent units); and

 

b)    a range of housing to attract and retain young people.

           

(2)        To assist in the achievement of the Council Performance Indicators:-

 

a)    The number of completed permanent dwellings each quarter within South Lakeland; and

 

b)    The number of new affordable homes for rent provided this quarter.

 

Alternative Options Considered and Rejected

 

To sell the land upfront without an ‘option agreement’.  The adjoining allocated development site did not yet have planning consent and the developer had not yet completed due diligence site enquiries and investigations.  Consequently the upfront sale of the subject land by the Council would increase risk to an unacceptable level from the perspective of the developer.  The developer would also be reluctant to expend significant upfront capital outlay.

 

To offer the land for sale on the ‘open market.’  This option would not be appropriate in this instance as the proposed developer purchaser had control of the adjoining allocated development site.  The subject land would have little value in existing use without the potential to serve as a vehicular access for the adjoining development site.


30/07/2020 - Business and Planning Bill 2020 ref: 4366    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 30/07/2020 - Planning Committee

Decision published: 10/09/2020

Effective from: 30/07/2020

Decision:

The Strategy Lead Specialist presented the Business and Planning Bill 2020 report, which provided Members with an awareness of the changes to the planning system proposed in the Business and Planning Act 2020.

 

The Strategy Lead Specialist informed Members that the Business and Planning Act 2020 had received Royal Assent on 22 July 2020 and it was part of the Government’s response to the COVID emergency. He went on to outline the three main areas of change to the planning system which were as follows:

 

(1)        A right for applicants to apply for the temporary variation of conditions restricting the hours during which construction work can take place;

 

(2)        Measures to extend the life of planning permissions which are about to expire or have recently expired; and

 

(3)        Measures to give greater flexibility to the Secretary of State and Planning

Inspectors to decide whether appeals should be determined by public inquiry, informal hearing or written representations.

 

The Strategy Lead Specialist outlined the changes in further detail and responded to questions raised by Members.

 

RESOLVED – That

 

(1)        the report be noted; and

 

(2)        in light of the Council decision on 28 July 2020 the determination of applications under Sections 16,17 and 18 of the Business and Planning Act be delegated to the Director of Customer and Commercial Services.


30/07/2020 - Planning Application No. SL/2020/0189 - Land part of Flail Stones, Church Road, Little Urswick ref: 4365    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 30/07/2020 - Planning Committee

Decision published: 10/09/2020

Effective from: 30/07/2020

Decision:

Erection of a detached dwelling and detached timber garage and formation of a new access driveway (resubmission of SL/2019/0801) (Mr & Mrs Leonard)

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

The Planning Officer presented Planning Application SL/2020/0189 which sought permission for the development of a single four bedroom self-build family house within the extensive garden of an existing bungalow, Flailstones. He displayed plans a photographs which outlined the proposals and advised Members that the site was within the development boundary and was of acceptable scale and design. The Planning Officer drew Members’ attention to the development’s proximity to a Grade II listed house, The Gynring, which was located on the opposite side of the road junction. He went on to outline details of the site and explained that it was a small levelled area of garden within Flailstones. He informed Members that within the site there was an area of outcropping limestone pavement and confirmed that it was not protected under a Limestone Pavement Order. The Planning Officer went on to outline the revised access driveway, which would involve the reduction of the height of a section of the frontage wall and which would provide improved visibility for the proposed development and Flailstones and an improved view for vehicles approaching from the south. In addition he highlighted that the applicant had, in a previously withdrawn planning application, proposed the installation of foul water treatment plant. However, the block plans submitted by the applicant showed a connection from the development into the public sewer.

The Planning Officer displayed further plans which outlined the floor plan of the development and a visualisation produced by the applicant’s agent.

In summarising his assessment of the application, the Planning Officer advised Members that the proposal was in accordance with the Local Plan Land Allocations DPD Policy LA1.1 and other relevant policies contained within the South Lakeland Core Strategy and the Local Plan Development Management Policies DPD. He stated that the proposed house was located within the settlement boundary and was of an acceptable scale, size and design in the context of its surroundings and it would have a minor impact on the setting of the Grade II listed property, The Gynring. The Planning Officer concluded his presentation by confirming that further details had been requested by the Lead Local Flood Authority regarding the surface water drainage, in relation to the footprint of the house and roof water, and explained that it was considered that the matter could be dealt with via a condition.

Note – at this point in the proceedings the Chairman requested that the public participant, Mr Richard Aljarrah, be dialled into the meeting to make his representation.  The Chairman welcomed Mr Aljarrah and informed him that he had three minutes in which to make his address.

Mr Aljarrah, on behalf of the applicants, addressed the Committee in support of the application.

The Planning Officer responded to questions raised by Members. In response to a question regarding the application having been Called In, Members sought clarity on the Call In procedure and the Chairman confirmed that there would be a review of the Call In process and the Legal, Governance and Democracy Lead Specialist agreed that, for the purpose of the Committee, it would be useful for the Planning Officer’s report to indicate by whom and why the application had been Called In.

Members gave consideration to the application and agreed it was a well thought out development which was perfectly reasonable.

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 granted subject to 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:

1:1250 – Location plan – Dwg No 19028-17 – Received 04/03/2020

1:500 – Block plan – Dwg No 19028-16 Rev E  Received 04/03/2020

1:200 – Visibility splay – Dwg No 20144_SCH_01 – Received 09/07/2020

1:100 – Ground floor  planDwg No 19028-10 Rev C – Received 23/03/2020

1:100 – First floor plan – Dwg No 19028-11 – Received 04/03/2020

1:100 – Elevation plan – Dwg No 19028-14 Rev A – Received 04/03/2020

1:100 – Topographical sections – Dwg No 19028-19 Rev A – Received 04/03/2020

1:1250 – Topographical street view – Dwg No 19028-18 – Received 04/03/2020

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

Condition (3)

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 DM4 of the Development Management Policies Development Plan Document and Policy CS8.1 of the South Lakeland Core Strategy.

Condition (4)

a)         No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority following the principles as shown on Dwg No 19028-10 Rev C  - Received 23/03/2020.These details shall include:-

           proposed finished levels or contours

           means of enclosure

           car parking layouts

           other vehicle and pedestrian access and circulation areas

           hard surfacing materials

           retained landscape features such as trees together with details of how they will be protected during construction.

Soft landscape works shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment), schedules of plants, noting species, plant sizes and proposed numbers / densities and an implementation programme.

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 unless the Local Planning Authority gives written consent to any variation.

Reason:           To safeguard and enhance the character of the area and secure high quality landscaping in accordance with Policies DM1, DM2 and DM4 of the Development Management Policies Development Plan Document

Condition (5)   No development, other than works to implement the access, shall begin until the access and associated alterations have been implemented in accordance with the Visibility Splay drawing number 20144_SCH_01 Rev B- Received 10/07/2020.

Reason:           To ensure safe provision of the access for construction traffic and subsequent residential traffic in accordance with Policy DM1 of the Development Management Policies Development Plan Document and Policy CS10.2 of the South Lakeland Core Strategy.

Condition (6)   Prior to the first occupation of the development, the approved parking layout and turning space shall be constructed, marked out and made available for use and shall be retained as such thereafter.  The parking spaces shall be used solely for the benefit of the occupants and visitors of the development hereby approved and for no other purpose.

Reason            In the interests of highway safety in accordance with Policy DM9 of the Development Management Policies Development Plan Document.

Condition (7)

a)         No superstructure shall be erected until samples and details of the materials to be used in the construction of the 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 (8)

a)         A sample panel of the natural stone to be used for the external surfaces of the development hereby approved shall be erected at the application site and no superstructure shall be erected until written approval for the materials has been given by the Local Planning Authority.  The sample panel shall be of sufficient size to indicate the method of jointing and coursing to be used.

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 (9)

a)         The development shall not be occupied until details of surface water management works have been submitted to and approved in writing by the Local Planning Authority. 

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

c)         Before any dwelling is occupied / the building is first brought into use, a validation report (that demonstrates that the drainage scheme has been carried out in accordance with the approved plan) must be submitted to the Local Planning Authority.

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

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

Condition (10)The sole means of foul water disposal shall be via the public foul sewer.

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

Condition (11)No development shall commence until a scheme demonstrating an environmental net gain in biodiversity associated with the proposed development, including management proposals for the lifetime of the development, has been submitted to, and approved in writing by the local planning authority. The scheme must be prepared in the context of the relevant advice in the Government’s Planning Practice Guidance. The use hereby approved shall not commence until the scheme has been implemented. Thereafter, the site shall be maintained in accordance with the approved management proposals.

Reason:           To meet the requirements of: (1) Policy DM4 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.

P & P Statement

In the exercise of its judgement in determining the appropriate balance of considerations, the Local Planning Authority has acted positively and proactively in determining this application proposal, taking into account all material considerations. Material considerations include planning policies and any representations that may have been received preceding the determination to grant planning permission in accordance with the presumption in favour of sustainable development as set out in the National Planning Policy Framework.  The Local Planning Authority is satisfied that its processes and practices are compatible with the Human Rights Act and the decisions of the European Court of Human Rights.


30/07/2020 - Planning Application No. SL/2019/0261 - Land at Kirkby Lonsdale RUFC ref: 4364    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 30/07/2020 - Planning Committee

Decision published: 10/09/2020

Effective from: 30/07/2020

Decision:

Change of use of land to a camping site from 1 May to 1 September each year (Kirkby Lonsdale RUFC)

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

The Planning Officer presented Planning Application No. SL/2019/0261 which sought permission to use two areas of the Rugby Club grounds for camping during the period 1 May to 1 September each year. He displayed plans and photographs which outlined the proposals and reminded Members that some of them had visited the site in August 2019. He provided Members with an overview of the site and explained that vehicular access was gained via the B6254 and Raygarth and that there was a one-way system operated within the site itself. He went on to highlight the camping areas A and B, defined by a red line on the displayed plans, and their proximity within the RUFC site and explained that the boundary of the Yorkshire Dales National Park (YDNP) wrapped around the curtilage of the Rugby Club on all sides, with the exception of the southern boundary.

The Planning Officer displayed further photographs, which had been submitted by local residents in 2019. The images showed significant activity on the site which had spilled onto the main rugby pitches. He highlighted that access was a key concern of local residents, particularly those who lived on Raygarth. He explained that the approach to the site through the village was considered to be too narrow and dangerous and that access via Raygarth was of considerable concern due to the level of activity and disturbance caused by the increased volume of traffic. In addition access via Fairbank was of concern due to much of Fairbank being narrowed to a one way road due to a continuous string of parked cars. The Planning Officer drew Members’ attention to the late representations which had been circulated prior to the meeting and highlighted an alternative approach to the site via the Hop House Lane route, which could be encouraged in the recommended travel plan.

The Planning Officer went on to inform Members that the Rugby Club had provided correspondence on how it had exercised its current permitted development rights. In addition the club had provided a plan which highlighted the specific areas of the site and the limits of its entire curtilage. He explained that the updated Condition 5, within the proposal, would place an overall limit of 126 pitches on the site as a whole at any one time within any part of the curtilage and if the Club used the areas located within the red line for the 126 pitches there would be no remaining capacity to use the remainder of the site under permitted development rights. However if it was used less intensively, the Club could apply their permitted development rights such as having tents on site but for no more than 28 days per year.

In concluding his presentation, the Planning Officer informed Members that recommendation was to grant temporary permission for the 2021 season and that the principle of the development was consistent with policies within the Core Strategy and Development Management Development Plan Document (DMDPD) which were supportive of increasing the stock of tourist accommodation within the district. In addition the Local Highway Authority was happy to support the application with the Conditioned restriction of 126 pitches.

Note – at this point in the proceedings the Chairman requested that the public participant, Ms Joelle Boyd be dialled into the meeting to make her representation.  The Chairman welcomed Ms Boyd and informed her that she had five minutes in which to make her address.

Ms Boyd a local resident addressed the Committee on behalf of herself and her mother and spoke in opposition to the application.

Note – at this point in the proceedings the Chairman requested that the public participant, Mrs Lesley Taylor be dialled into the meeting to make her representation.  The Chairman welcomed Mrs Taylor and informed her that she had three minutes in which to make her address.

Mrs Taylor a local resident addressed the Committee in opposition to the application.

Note – at this point in the proceedings the Chairman requested that the public participant, Mr Mike Neal be dialled into the meeting to make his representation.  The Chairman welcomed Mr Neal and informed him that he had three minutes in which to make his address.

Mr Neal, President of Kirkby Lonsdale Rugby Club, addressed the Committee in support of the application.

The Planning Officer responded to concerns raised by public participants.

The Planning Officer responded to questions raised by Members.

Members gave consideration to the application. Members felt that the application for temporary permission for the 2021 season was sensible in order to assess how the site was managed and the impact on residents. Members were reassured by the fact that the Town Council, Cumbria County Council Local Highway Authority and Yorkshire Dales National Park Authority had no further concerns. Members agreed that the main issue for residents was the access to the site and a Member suggested that the Rugby Club replace the cattle grid with a concrete pad, as it was considered that this would help reduce the traffic noise. The Legal, Governance and Democracy Lead Specialist provided clarification relating to the case law referenced by Ms Joelle Boyd.

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 granted subject to the following conditions:-

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

Drawing 200 Revision PL - Proposed Location Plan: Seasonal Camping Zones

Drawing 201 Revision PL - Proposed Site Plan: Seasonal Camping Zones

Drawing 202 Revision PL - Proposed Context Plan: Seasonal Camping Zones

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

Condition (2)   This permission is granted for and shall endure for a temporary period of 12 months and for the avoidance of doubt shall expire on 1st September 2021.

Reason            To assess the efficacy of measures to reduce impacts on residential amenity to an acceptable level.

Condition (3)   The use hereby permitted shall not commence until a travel plan governing its operation has been submitted to, and approved in writing by, the local planning authority. The travel plan shall include demonstrable measures to minimise traffic movements associated with the permitted use and, in anticipation of a future application to extend the use beyond 2021, shall commit to a traffic survey, including the preparation of an accurate baseline against which to judge the impact of any increase and/or change in character of traffic movements. Thereafter, the use shall be operated in accordance with the approved travel plan.

Reason            To assess, specifically, the efficacy of measures to reduce traffic impacts on residential amenity to an acceptable level.

Condition (4)   The camping use hereby permitted, defined in this case as use by caravans, motorised campervans and tents, shall be limited to “Camping Area A” and “Camping Area B” defined on the approved drawings. 

Reason            To ensure that the visual impact of the development is appropriately mitigated and to ensure that caravans and tents do not compromise the use of existing playing fields.

Condition (5)   Notwithstanding the provisions of Parts 4 and 5 of the Schedule 2 of The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended, or as may be subsequently be amended or re-enacted) no more than 46 caravans and campervans and no more than 80 tents shall be pitched at any one time within any part of the curtilage of the Kirkby Lonsdale Rugby Club as defined within the blue line on drawing number 203 Revision PL (Proposed Location Plan Temporary Camping Zones) in any calendar year between 01 May and 01 September for the duration of this planning permission as defined by condition 2 herein.

Reason            To ensure that the impact upon: (1) the local highway network; and (2) residential amenity is limited to an acceptable level.

P & P Statement

In the exercise of its judgement in determining the appropriate balance of considerations, the Local Planning Authority has acted positively and proactively in determining this application proposal, taking into account all material considerations. Material considerations include planning policies and any representations that may have been received preceding the determination to grant planning permission in accordance with the presumption in favour of sustainable development as set out in the National Planning Policy Framework.  The Local Planning Authority is satisfied that its processes and practices are compatible with the Human Rights Act and the decisions of the European Court of Human Rights.

Note – The Committee voted to adjourn for a break at 11.37 a.m. and reconvened at 11.45 a.m. when a roll call was taken, all Members, with the exception of Councillor Hughes, confirming that they were present, that they were able to see (where practicable) and hear all Members participating in the meeting.


30/07/2020 - Planning Application No. SL/2019/0253 - Land Adjacent to Foxfield Business Park ref: 4363    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 30/07/2020 - Planning Committee

Decision published: 10/09/2020

Effective from: 30/07/2020

Decision:

Erection of two storey building for Duddon and Furness Mountain Rescue Team (Duddon and Furness Mountain Rescue Team)

 

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

 

The Planning Officer presented Planning Application No. SL/2019/0253 which sought permission for the erection of a two storey building for Duddon and Furness Mountain Rescue Team (DFMRT). He explained that the application was considered to be a departure from adopted policy, as the proposed location was on land outside of the identified Business Park allocation and therefore located in open countryside. The Planning Officer advised Members that South Lakeland District Council (SLDC) had an interest in the application, as access and servicing arrangements were across land owned by SLDC. The Planning Officer displayed plans and photographs which outlined the proposals and he drew Members’ attention to the existing businesses within the Business Park and the proximity of the Business Park to the Duddon Estuary. Further slides were displayed which outlined the proposed site plan.

 

The Planning Officer informed Members that the proposed building would be used as the permanent base for the voluntary search and rescue service. It would provide a garage, storage space, offices, a control room and training facilities in an accessible and sustainable location. He went on to highlight that the proposed site was located in Flood Zone 3 and was athigh risk of tidal flooding, unlike the Business Park which was slightly elevated. The Planning Officer explained that the Flood Risk Assessment (FRA) submitted with the application had indicated that the development should be regarded as ‘less vulnerable’ use, as the storage facility was not required to be operational during tidal flooding. However, the Environment Agency (EA) had classed the development as ‘highly vulnerable’ and had sought further clarification on the operational status of the building and on the basis of the information provided, the EA had confirmed that the flood risk vulnerability could be revised to ‘less vulnerable’.

The Planning Officer displayed further photographs and outlined the extent of the existing planting and explained that the proposed access point would involve the removal of a section of the existing screen planting, which could be mitigated by additional planting.

The Planning Officer went on to explain the principle of paragraph 12 of the National Planning Policy Framework (NPPF) and stated that planning permission should be determined in accordance with the development plan unless material considerations indicated otherwise. He stated that Core Strategy Policy CS1.1 required that developments should accord with a sequential approach of using: existing buildings and brownfield land within developments; and other suitable infill opportunities within settlements. Furthermore Core Strategy CS1.2 required that development was concentrated in Principal, Key and Local Service Centres with only a small proportion accepted in smaller hamlets. However, CS1.2 allowed exceptionally for new development in the open countryside if it was demonstrated that there was an essential requirement for a rural location. The Planning Officer informed Members that DFMRT had provided a detailed assessment and comprehensive justification of the selection process for the site, all of which were considered to carry weight and provided compelling justification. He highlighted that the DFMRT were a registered charity, run by volunteers and funded by donations from individuals and organisations and that they were not a profit making or speculative business.

In concluding his presentation the Planning Officer summarised the details of the planning application. He explained that it was considered to be a departure from adopted policy, by virtue of being located on land outside of the identified Business Park allocation. However, the proposal could be supported as DFMRT provided an essential non-statutory specialised search and rescue service within the local area and that the proposed site was centrally located within the area covered by DFMRT and would facilitate access and response times. The design and layout was acceptable in the context of the surrounding Business Park development and the flood mitigation measures for the site were acceptable to the Environment Agency. The Planning Officer went on to highlight the importance of Policy DM1, in relation to Morecambe Bay and the Duddon Estuary, which required a development to ensure the protection and maintenance of designated wildlife sites and explained that Natural England had advised that any harm could be mitigated by a Construction Management Plan. In addition, in response to comments made by Natural England, the applicant had provided a Habitat Regulations Assessment under the terms of the European Habitats Directive.

Note – at this point in the proceedings the Chairman requested that the public participant, Mr Nigel Lister, the Chairman of Duddon and Furness Mountain Rescue, be dialled into the meeting to make his representation.  The Chairman welcomed Mr Lister and informed him that he had three minutes in which to make his address.

Mr Lister addressed the Committee in support of the application.

Members gave consideration to the application including the location, access, design and flood resilience. Members felt the location was excellent with good access roads and agreed that DFMRT provided an invaluable service and Members hoped the development would ensure DFMRT’s continued great work.

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

(1)        authority be delegated to the Director of Customer and Commercial Services to GRANT planning permission subject to no objection, adverse comment or direction being received from Natural England regarding the content of the Habitats Regulation Assessment and any further conditions provided by Natural England; and

(2)        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 sole occupant of the building shall be the Duddon and Furness Mountain Rescue Team (and successors) with the permitted use of the building as being a Mountain Rescue Team Base/Headquarters. To define the terms of the planning permission and in recognition of the specific exceptional circumstances of the Duddon and Furness Mountain Rescue Team.

Reason            The proposed development is a departure from the adopted development plan and this condition acknowledges the special justification for permitting a departure in the particular circumstances, in the interests of safeguarding the development strategy contained in the South Lakeland Core Strategy.

Condition (3)   The development hereby permitted shall be carried out in accordance with the following approved plans:

1:1250 scale – Location plan – Received 26/03/2019

1:50/1:100 scale – Ground floor and elevations – Dwg No 541/01 – Received 26/03/2019

1:50/1:100 scale – First floor and elevations – Dwg No 541/02 Received 26/03/2019

1:50/1:100 scale – Site plan – Dwg No 541/03 Rev Rev D  -  Received 19/05/2020

1:200 scale – Roof plan – Dwg No 541/04 Rev B - Received 19/05/2020

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

Condition (4)   a) No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority.  These details shall include:-

           proposed finished levels or contours

           means of enclosure

           car parking layouts

           other vehicle and pedestrian access and circulation areas

           hard surfacing materials

           minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting, etc.)

           communications cables, pipelines etc. indicating lines, manholes, support and

           retained landscape features such as trees together with details of how they will be protected during construction.

Soft landscape works shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment), schedules of plants, noting species, plant sizes and proposed numbers / densities and an implementation programme.

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 unless the Local Planning Authority gives written consent to any variation.

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 DM1, DM2 and DM4 of the of the Development Management Policies Development Plan Document.

Condition (5)   No development shall commence until a Construction Management Plan (CMP) has been submitted to and approved in writing by the Local Planning Authority. The CMP shall include details of:

a) No development shall take place, until a Construction Method Plan has been submitted to and approved in writing by the Local Planning Authority. The Statement shall provide for:

i. the parking of vehicles of site operatives and visitors;

ii. loading and unloading of plant and materials;

iii. storage of plant and materials used in constructing the development;

iv. pollution prevention measures to include storage and use of materials, machinery, biosecurity, and the control and management of noise, fugitive dust, surface water run-off and waste to prevent any surface water drains and the SAC from sediment, and pollutants such as fuel and cement

v. wheel washing facilities;

vii. a scheme for recycling / disposing of waste resulting from demolition and construction works; and

viii. measures to control noise and vibration.

b) The approved Construction Method Statement shall be adhered to throughout the construction period.

Reason            These details are required to be approved before the commencement of development to safeguard the amenity of neighbouring occupiers and to protect the protected wildlife assets.

Condition (6)   All hard and soft landscape works shall be carried out in accordance with the approved details.  The works shall be carried out before any part of the development is occupied or in accordance with a programme to be agreed in writing with the Local Planning Authority prior to any development commencing.  Any trees / shrubs which are removed, die, become severely damaged or diseased within five years of their planting shall be replaced in the next planting season with trees / shrubs of similar size and species to those originally required to be planted unless the Local Planning Authority gives written consent to any variation.

Reason            To safeguard and enhance the character of the area and secure high quality landscaping in accordance with Policies DM1, DM2 and DM4 of the Development Management Policies Development Plan Document.

Condition (7)   No development shall commence until details of surface water management works have been submitted to and approved in writing by the Local Planning Authority.

a) Such details shall include;

1.         Information about the lifetime of development, design storm period and inter 100 year +30% allowance for climate change discharge rates and volumes, methods employed to control and delay surface water discharge and measures taken to prevent flooding and pollution of the receiving groundwater including and /or any watercourses.

2.         Any offsite improvement works to watercourses

3.         Flood exceedance routes

4.         Timetable for implementation; and

5.         Details of water quality controls where appropriate.

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

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

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

Condition (8)   The development hereby permitted shall be constructed entirely of materials details of which are shown on plans No. 541/01 & 541/02.

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 (9)   Prior to the first occupation of the development, the approved parking layout [and turning space] shall be constructed, marked out and made available for use and shall be retained as such thereafter.  The parking spaces shall be used solely for the benefit of the occupants and visitors of the development hereby approved and for no other purpose.

Reason            In the interests of highway safety in accordance with Policy DM9 of the Development Management Policies Development Plan Document

Condition (10)A scheme showing the proposed lighting plan (including all external building lights and car park lighting) for the development shall be submitted to and agreed in writing with the Local Planning Authority prior to development commencing.  This shall show the location, number and type of units proposed, their orientation and brightness in lux and proposed hours of operation.The development shall be carried out in accordance with the approved lighting scheme and retained as such thereafter.

Reason            These details are required to be approved before the commencement of development to minimise the visual impact of light on nearby residential properties in accordance with To ensure adequate refuse provision is made for the customers of the business and to prevent harm to the character of the area resulting from littering in accordance with Policy DM2 of the Development Management Policies Development Plan Document and The National Planning Policy Framework Chapter 2 - Achieving sustainable development, para 8 and  Chapter 12 - Achieving well-designed places, para 127.

P & P Statement                    

In the exercise of its judgement in determining the appropriate balance of considerations, the Local Planning Authority has acted positively and proactively in determining this application proposal, taking into account all material considerations. Material considerations include planning policies and any representations that may have been received preceding the determination to grant planning permission in accordance with the presumption in favour of sustainable development as set out in the National Planning Policy Framework.  The Local Planning Authority is satisfied that its processes and practices are compatible with the Human Rights Act and the decisions of the European Court of Human Rights.


16/07/2020 - Planning Application No. SL/2020/0195 - Prizet Filling Station, Helsington, Kendal ref: 4361    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 16/07/2020 - Planning Committee

Decision published: 10/09/2020

Effective from: 16/07/2020

Decision:

Extension of Prizet Service Station to include drive-thru Costa restaurant, offices, car parking with electric charging points and associated site works (Resubmission of SL/2019/0694) (Simon Hockings)

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.

 

Councillor Michael Cornah declared a non-pecuniary interest in the item by virtue of the fact that he ‘Called In’ the planning application. He explained however, that he was not biased or predetermined and remained connected to the virtual meeting and took part in the discussion and voting on the item.

 

The Planning Officer presented Planning Application SL/2020/0195 which sought full planning permission for the erection of a drive-thru coffee shop and office block with the provision of a car park comprising 44 spaces and four electric charging points. He displayed plans and photographs which showed the layout of the existing service station and he outlined the proposals for the expansion of the roadside services offer and the addition of an office building and informed Members that both the proposed coffee shop and office building would be single storey with mono-pitch roofs.

 

The Planning Officer outlined to Members the issues for their consideration that the site was in open countryside, it was remote from the nearest settlement of Kendal and it would be considered as unsustainable development in a rural location. He explained that Policy CS1.1 of the Council’s Core Strategy referred to Sustainable Development Principles, which included the importance of protecting the countryside. The Policy also set out a sequential approach to development in using existing buildings within settlements, other suitable infill opportunities and development of other land, where it was well located in relation to housing, jobs, other services and infrastructure. The Planning Officer explained that the proposal was in a rural location and did not follow the sequential approach. Furthermore Policy CS1.2 set out the Council’s Development Strategy where exceptionally a new development would be permitted in open countryside where there was an essential requirement for a rural location. The proposed coffee shop and office did not essentially have to be located in a rural location and the proposal did not comply with Policy CS7.4 as it represented a stand-alone development with limited linkage to the existing service station. The Planning Officer outlined Policy CS7.2 in relation to the allocation of employment land and informed Members that there was no need for additional employment land, as referred to by the applicant, as the Council’s employment land requirement was met through existing allocations in rural settlements and it had in excess of a five year supply. The Planning Officer went on to outline the proximity of the proposed improved roadside services in relation to nearby roadside services.

 

The Planning Officer drew Members’ attention to the provision of electric vehicle charging points within the proposal and the fact that the applicant had highlighted the deficiency of rapid electric car charging points along the ‘gateway to the lakes’. The applicant had stated that when travelling north, after Burton-in-Kendal motorway services, there were no rapid charging points until Ambleside. The Planning Officer went on to outline the rapid charging points available in Kendal via a slight detour and stated that there was no reason why the charging facilities could not be placed within the existing site, without the need for a drive thru and an office unit.

 

The Planning Officer went on to outline the impact on the rural landscape and the impact on biodiversity and stated that there would be significant harm to the rural landscape due to the site being visible when approached from the north. The proposal would be completely open to view and would be elevated above the road and although new planting would be included this would take time to mature. He stated that the net gain of 25 metres of hedgerow and new planting was not considered to be proportionate to the scale of the development and therefore the net gain in biodiversity was not considered to be sufficient and was contrary to Policy DM14.

 

The Planning Officer informed Members that the applicant had made reference, in his application, to an appeal decision in Baynards Green, Oxfordshire, in support of the proposal. He explained that the Baynards Green proposal was not the same and could not be considered as a material consideration to the proposal before them.

 

The Planning Officer concluded his presentation by stating that Planning Application SL/2020/0195 was recommended for refusal as the proposed development was: located in the open countryside and would result in unsustainable development in a rural location; its proximity to the road and its elevated nature would be harmful to character of the rural area; and there was insufficient biodiversity gain.

 

Note – at this point in the proceedings the Chairman requested that the public participant, Mr Matthew Wyatt, the applicant’s agent, be dialled into the meeting to make his representation.  The Chairman welcomed Mr Wyatt and informed him that he had three minutes in which to make his address.

Mr Matthew Wyatt, the applicant’s agent, addressed the Committee in support of the application.

 

Note – at this point in the proceedings the Chairman requested that the public participant, Mr Simon Hockings, the applicant, be dialled into the meeting to make his representation.  The Chairman welcomed Mr Hocking and informed him that he had three minutes in which to make his address.

Mr Simon Hockings, the applicant, addressed the Committee in support of the application.

 

The Planning Officer responded to points raised during public participation.

 

The Planning Officer responded to questions raised by Members.

 

Note – at this point in the proceedings the Chairman was advised that Planning Committee Member, Councillor Judy Filmore, Ward Councillor for Ulverston West and representing the Green Party, had become disconnected from the meeting. Councillor Filmore was reconnected and confirmed that she was able to see (where practicable) and hear all Members participating in the meeting and that she had not missed any of the presentation or discussion thus far.

 

The Planning Officer responded to further questions raised by Members.

 

Members gave consideration to the proposal, in particular the four rapid electric charging points; the impracticalities of and the additional congestion of vehicles accessing the charging points in Kendal; the employment gain with free parking; and that the biodiversity gain had not been fully explored with the applicant. Some Members suggested that it was important to look beyond how the Local Plan had been drafted and to look to the future, although it was accepted that the proposal was contrary to various policies within the Local Plan.

 

A Member highlighted that that there had been no objections from statutory consultees or from local neighbours and that insufficient weight had been given to the positive benefits of the scheme. The Member requested that a slide from the South Lakeland District Council’s Climate Change Action Plan be displayed and went on to highlight SLDC’s commitment to Climate Change and the statistics outlined within the slide and stated that more weight had to be given to greenhouse effects.

 

Note – at this point in the proceedings the Legal, Governance and Democracy Lead Specialist advised the Chairman that there had been a query from a Member regarding the chat facility. The meeting adjourned at 11.19 a.m. The meeting reconvened at 11.30 a.m. when all Members confirmed that they were able to see (where practicable) and hear all Members participating in the meeting.

 

The Interim Development Management Team Leader drew Members’ attention to the South Lakeland Development Plan and the National Planning Policy Framework and stated that a decision would have to be made in accordance with the policies contained within the current Development Plan. He stated that the proposal was contrary to the Development Plan and planning law required decision makers to determine applications in line with the Plan, unless other material planning considerations weighed in favour of going against the Plan. Members were focusing on the green credentials of the application as material considerations and, whilst and he acknowledged that times were changing from reliance on internal combustion engine powered vehicles towards electric vehicles, we were not yet at that point. The question to consider was whether the provision of four electric vehicle charging points were of sufficient weight to justify a very substantial form of development in the open countryside in contravention of clear policies in the Development Plan. He stated that the creation of jobs was important which was why the Plan contained specific employment generation policies and allocations in appropriate locations. The Interim Development Management Team Leader reminded Members that it was important to be consistent in the decision making process.

 

Members gave further consideration to the proposal, in particular the harmful impact of the development. Some Members felt that the harm outweighed the benefits and reiterated that the proposal was contrary to a number of policies. Other Members welcomed the application and the expansion of the site, the addition of four rapid electric vehicle charging points and the creation of jobs. They felt that times were changing and it was important to look to the future, particularly as the Local Plan was coming to an end. 

 

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.

 

The motion to approve the application was lost.

 

A motion to refuse 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 permission be refused for the following reasons:-

 

(1)        The proposed development is located in the open countryside, remote from the nearest settlement of Kendal and therefore would result in unsustainable development in this rural location. The proposal would therefore be contrary to the aims of Policies CS1.1, CS1.2, CS2, CS7.1, CS7.2 and CS7.4 of the South Lakeland Core Strategy and Policies LA1.0 and LA1.1 of the South Lakeland Land Allocations Development Plan Document, and the sustainability aims of the National Planning Policy Framework.

(2)        The proposed development, due to its close proximity to the road, its elevated nature and the lack of intervening vegetation will result in a development that is highly visible in the rural landscape and would be harmful to the character of the area. The proposed development is therefore contrary to Policy CS8.10 of the South Lakeland Core Strategy and Policies DM1 and DM2 of the Councils Development Management Policies; and  

(3)        The proposal to provide 25 metres net gain of hedgerow and new planting of trees in one part of the site does not provide sufficient bio-diversity gain proportionate to the significant size of the development. The proposal is therefore contrary to Policy DM4.


16/07/2020 - Planning Application No. SL/2019/0146 - Land at Booths, Oubas Hill, Ulverston ref: 4362    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 16/07/2020 - Planning Committee

Decision published: 10/09/2020

Effective from: 16/07/2020

Decision:

S106 Agreement bin store location associated with Application SL/2019/0146 - Erection of freestanding single storey restaurant with associated drive-thru, car parking and landscaping and associated works, 2 customer order displays with associated canopies and play area. (McDonald’s Restaurants Ltd)

 

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

 

Councillor Judy Filmore declared a non-pecuniary interest in the item by virtue of the fact she was pre-determined and she was disconnected from the virtual meeting for the item.

 

Councillor David Webster declared a non-pecuniary interest in the item by virtue of the fact that he was the Ward Councillor for Ulverston East. He explained however, that he was not biased or predetermined and remained connected to the virtual meeting and took part in the discussion and voting on the item.

 

The Interim Development Management Team Leader presented Planning Application SL/2019/0146. He explained that the Planning Committee had resolved to grant planning permission for the application in June 2019 and that the decision to grant permission was subject to the signing of a Section 106 Agreement which would deal with the provision and maintenance of three waste receptacles. The Planning Officer informed Members that negotiations for the proposed location, alongside the adjacent canal, had not been achievable and that the developer had proposed to locate the three receptacles within the car park of the neighbouring Booths store. The application had been brought back to Members for them to consider if the proposed alternative location was acceptable.

 

The Interim Development Management Team Leader responded to questions raised by Members.

 

Members expressed disappointment that negotiations to locate the bins at the canal side had been unsuccessful. Members agreed that it was an acceptable alternative location.

 

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 granted subject to:-

 

the satisfactory completion of a Section 106 Planning Obligation in respect of the funding, siting and maintenance of litter bins in the locations indicated with ‘Litter’ icons on plan 7134_AEW_8526_1406 or such other locations as agreed with the Council in writing and subject to the previously agreed conditions set out in the report to planning committee dated 27th June 2019.

 

Note – at this point in the proceedings Councillor Judy Filmore was reconnected to the meeting and Councillor Filmore confirmed that she was able to see (where practicable) and hear all Members participating in the meeting.


25/06/2020 - Planning Application No. SL/2019/0242 - 2 Chambers Close, Kendal, LA9 5JE ref: 4347    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 25/06/2020 - Planning Committee

Decision published: 10/09/2020

Effective from: 25/06/2020

Decision:

Single Storey Extension (Mr Conway)

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

 

The Planning Officer presented Planning Application No. SL/2019/0242 which sought permission for a single storey rear lean-to extension at 2 Chambers Close, Kendal. She displayed plans and photographs which outlined the proposals and highlighted the key issues for consideration by the Committee, which were the design and whether the proposal would have significant impact on the residential amenity of neighbouring properties. The Planning Officer explained that the application had been referred to Planning Committee for consideration, due to the fact the applicant was related to a member of staff at South Lakeland District Council, which was in line with the Council’s Constitution and the Scheme of Delegation.

In concluding her presentation the Planning Officer informed Members that the proposal was modest in scale and related well to the design and appearance of the existing dwelling house and that it was not considered to give rise to any unacceptable impacts on the neighbouring amenity. 

The Planning Officer responded to questions raised by Members.

Members gave consideration to the application and a motion to approve the application was proposed and seconded and a vote was taken, 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 conditions below:-

Condition (1)   The development hereby permitted shall be completed within 3 years from the date of this permission.

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:

K388-05-P Revision B, Plans and Elevations as Proposed, as submitted to the Local Planning Authority on June 1st 2020.

K388-04-P Revision A, Plans and Elevations as Proposed, as submitted to the Local Planning Authority on April 1st 2020.

K388-02-BP Block Plan as Proposed, as submitted to the Local Planning Authority on April 1st 2020.

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

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

Reason            To ensure the extension respects the design of the parent building in accordance with Policy DM2 of the Development Management Policies Development Plan Document and Policy CS8.10 of the South Lakeland Core Strategy.

P & P Statement         In the exercise of its judgement in determining the appropriate balance of considerations, the Local Planning Authority has acted positively and proactively in determining this application proposal, taking into account all material considerations. Material considerations include planning policies and any representations that may have been received preceding the determination to grant planning permission in accordance with the presumption in favour of sustainable development as set out in the National Planning Policy Framework.  The Local Planning Authority is satisfied that its processes and practices are compatible with the Human Rights Act and the decisions of the European Court of Human Rights.


25/06/2020 - Planning Application No. SL/2020/0231 - The Pastures Lodge Park, Templand Lane, Allithwaite, Grange-Over-Sands ref: 4346    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 25/06/2020 - Planning Committee

Decision published: 10/09/2020

Effective from: 25/06/2020

Decision:

Siting of three lodges, laying of stone drive and hardstanding plus foul water connection (Mrs and Mrs Andrew Cotter)

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

 

The Planning Officer presented Planning Application No. SL/2020/0231 which sought full planning permission for three holiday lodges, creation of an access drive and connection to a wastewater treatment plant, on the edge of Pastures Lodge near Allithwaite. He displayed plans and photographs which outlined the proposals. The Planning Officer referred to a site visit, which had taken place in 2019, in relation to an application for four camping pods, which the Planning Committee had granted in 2019. The Planning Officer explained that the site was situated in open countryside and that the proposal met all the criteria within Policy DM18 of the Council’s Development Plan Document.

The Planning Officer went on to provide details of the proposed lodges which were approximately ten metres in length, five metres wide and with a double mono pitch roof. He explained that the proposal represented a small addition to the lodge park on an area which had not previously been extended. It was considered that the scale of the addition was considered appropriate to the locality given the overall size of the park.

The Planning Officer displayed aerial photographs of the site which comprised of a small field, well screened on all sides, with the southern boundary consisting of a mature copse of trees. He highlighted to Members that the western boundary was undefined and that planting of a native hedge had been proposed. However, the proposal would have little impact on the landscape and it was considered that Condition 4, which would require the submission of a detailed landscaping scheme prior to the commencement of the development, was no longer required. The Planning Officer drew Members’ attention to Condition 3 within the report and advised Members that he was awaiting full details of the waste water treatment plant and its connection to the lodges. The Planning Officer concluded his address by informing Members that the holiday lodges would not be used other than as holiday accommodation.

The Planning Officer responded to questions raised by Members. In response to a question regarding the opening season of the park, the Planning Officer advised that the park was closed for six weeks each year, January to the end of February, and that the lodges could not be used as permanent residencies. The Planning Officer agreed that an additional condition would be added in this regard, to mirror the opening season of the current park. In response to a question regarding the removal of Condition 4, as outlined in the report, it was agreed that Condition 4 should remain, with additional wording to ensure the planting would be retained thereafter.

Members gave consideration to the application and a motion to approve the application was proposed and seconded and a vote was taken, 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 conditions below:-

Condition 1:     The development hereby permitted shall begin not later than three years from the date of this decision.

Reason:           To comply with the requirements of Section 91 of the Town and Country Planning Act 1990

Condition 2:     The development hereby permitted shall be carried out in accordance with the following approved plans: Location Plan, Amended site plan 03A, Proposed lodge floor plans & elevations Rev A.

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

Condition 3:     Prior to the commencement of development details of the waste water treatment plant and its connection to the holiday lodges shall be submitted to and approved by the Local Planning Authority. The approved details shall be fully implemented together with the access track being laid out before the holiday lodges are first occupied and both shall be retained thereafter.

Reason:           In order to provide sufficient drainage and an acceptable access. .

Condition 4:     The landscaping scheme along the western boundary of the site as shown on the approved site plan shall be retained. Any trees, shrubs or hedges planted in accordance with the approved site plan which are removed, die, become severely damaged or become seriously diseased within five years of planting shall be replaced within the next planting season by trees, shrubs or hedging plants of similar size and species to those originally required to be planted.

Reason:           In order to provide the site with an adequate screen and in accordance with Policy DM18 of the Council’s Development Management Policies.

Condition 5:     The holiday lodges shall not be used other than as holiday accommodation. They shall not be used as a sole or principal residence by any occupants. Furthermore, this permission does not authorise occupation of the lodges except during the period 01 March to 14 January each year’.

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


25/06/2020 - Planning Application No. SL/2020/0108 - Eden Lodge and House, Coast Road, Bardsea, Ulverston ref: 4344    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 25/06/2020 - Planning Committee

Decision published: 10/09/2020

Effective from: 25/06/2020

Decision:

Retention of two wooden chalets for manager’s accommodation (Mr E Liehr)

The Planning Officer presented Planning Application SL/2020/0108 which sought retrospective planning permission for two wooden chalets for manager’s accommodation at Eden Lodge, Coast Road, Bardsea. She displayed plans and photographs which outlined the proposals.

The Planning Officer outlined the planning history of the site and informed Members that the application before them was a part resubmission of a previous application (Planning Application No. SL/2019/0615) for retrospective planning permission, which had been refused at Planning Committee in December 2019. The Planning Officer explained that Planning Application SL/2020/0108 was in relation to lodges D and E only and that the applicant had lodged an appeal with the Planning Inspectorate regarding the Planning Committee’s previous decision, in December 2019, to refuse retrospective planning permission for all four lodges and that this appeal was running concurrently alongside the application before Members. The Planning Officer reminded Members that the Planning Committee debate in December 2019 had, in the main, focussed on lodges B and C and on the anticipated adverse effects of the development upon the residential amenity of persons residing in the neighbouring properties to the southern site boundary.

The Planning Officer went on to further outline the planning history of lodges D and E and informed Members that planning permission was required for lodge D for the building and its use as manager’s accommodation; and for lodge E the change of use to manager’s accommodation. She explained that the applicant was the owner of Eden Lodge complex and lodges D and E were used by himself and his partner as the on-site manager’s accommodation. Lodge D was erected in 2016 without planning permission and provided living and sleeping accommodation. Lodge E was erected in 2005 and provided a kitchen and a bathroom area. The Planning Officer advised Members that the proposal included the relocation of the manager’s hot tub to the north of lodges D and E and the retention of a two metre high fence along the southern boundary. In addition, following concerns regarding the capacity for the existing foul sewage system to accommodate extra persons at the site, the applicant had confirmed that the existing tank would be replaced with a new package treatment plant.

The Planning Officer displayed further photographs and plans and explained that Lodges D and E would function as one unit as manager’s accommodation. She explained that the key consideration was the demonstrable need for a manager to live on site full time and that evidence had been provided in respect of this and that financial evidence had been submitted to show the business to be viable and therefore the proposal was in compliance with Policy DM15. Furthermore consideration could be given to the visual impact on the rural landscape, however, this consideration was only applicable to lodge D.

In concluding her presentation, the Planning Officer highlighted the planning conditions, as outlined in the report, and proposed varied wording for Condition 2 and an additional Condition regarding the location of the hot tub.

Note – at this point in the proceedings the Chairman requested that the public participant, Mrs Victoria Cowan, a local resident, and speaking in opposition to the application, be dialled into the meeting to make her representation.  The Chairman welcomed Mrs Cowan and informed her that she had three minutes in which to make her address.

Mrs Cowan, a local resident, addressed the Committee in opposition to the application.

Note – at this point in the proceedings the Chairman requested that the applicant, Mr Ernst Liehr, be dialled into the meeting to make his representation.  The Chairman welcomed Mr Liehr and informed him that he had three minutes in which to make his address.

Mr Liehr, the applicant, addressed the Committee and spoke in support of the application.

The Planning Officer responded to questions raised by Members and stated that the provision of a contact number for local residents was something that could be dealt with outside of the planning process. She clarified that the appeal which had been lodged by the applicant was in respect of all four lodges; lodges C and B for holiday accommodation and lodges D and E for manager’s accommodation.

The Interim Development Management Team Leader clarified the definition of development in the Planning Act in regard to the permanence of the hot tub and stated that if further hot tubs were installed on the site a further assessment of their size, scale and degree of permanence would be carried out. The Planning Officer reiterated the conditions, as outlined in the report, and the proposed amendments. In response to a question regarding unsocial behaviour and excessive noise, the Planning Officer informed Members that the applicant had agreed to the relocation of the hot tub, to minimise the impact on neighbours.

Members thanked the Planning Officer for the comprehensive report and presentation. They gave consideration to the importance of a manager being on site and the benefits of the applicant providing a contact telephone number for local residents.

A motion to approve the application was proposed and seconded and a vote was taken on the application, 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 conditions below:-

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

Location Plan (submitted 19 March 2020)

Site Plan (submitted 5 May 2020)

Proposed Elevations (submitted 19 March 2020)

Indicative Fencing Plan (submitted 19 March 2020)

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

Condition 2:     The occupation of the manager’s accommodation hereby approved, comprising of Buildings D and E as shown on the Site Plan, submitted to the Local Planning Authority on 5 May 2020, shall be used together only as a single unit and shall be limited to a person solely or mainly employed as the manager of Eden Lodge holiday accommodation complex and their dependents. The manager’s accommodation shall not be otherwise occupied, sold, disposed of or let as a residential dwelling or holiday accommodation without the express permission of the Local Planning Authority.

Reason:           Residential development for purposes other than for the essential requirements of a rural business are not permitted within this location in accordance with Policy DM15 of the Development Management Policies Development Plan Document.

Condition 3:     The two metre high screen fence erected along the southern boundary where it meets the neighbouring property ‘Feldgate’, as shown on the submitted Site Plan, shall be maintained in situ.

Reason:           In order to prevent overlooking into neighbouring residential properties to the southern site boundary. 

Condition 4:

a)         Within 3 months of the grant of planning permission full details of the foul drainage treatment to service the manager’s accommodation shall be submitted to the Local Planning Authority for approval. These details should include:

-           Scaled plans showing the location of the proposed installation, including any drainage field or outfall;

-           Percolation tests where the outfall is to the ground to determine the absorption rate of soil for a drainage field;

-           Confirmation of the capacity of the tank relative to the peak load of the manager’s accommodation and the existing holiday accommodation;

-           Management and access arrangements for servicing and emptying the tank.

b)         Within 2 months of the date of the Local Planning Authority’s written approval to the matters outlined in clause a) to this condition, the approved scheme shall be implemented in full and a verification report provided to the Local Planning Authority confirming the installation of the foul drainage treatment in accordance with the approved details.

Reason:           To ensure that foul drainage is managed at the site to ensure that it reduces the potential for pollution into groundwater in accordance with Policies DM6 and DM7 of the Development Management Policies Development Plan Document.

Condition 5:     Notwithstanding the details set on the submitted plans, the hot tub shall be retained at all times hereafter in the location to the north of buildings D and E as denoted on the Site Plan, submitted to the Local Planning Authority on 5 May 2020. 

Reason:           In order to protect the residential amenity of the neighbouring residential properties from noise disturbance in accordance with Policy DM1 and DM7 of the Development Management Policies Development Plan Document

INFORMATIVE

           In accordance with the Environmental Permitting (England and Wales) Regulations 2016 any discharge of sewage made to either surface water or ground water will need to hold an environmental permit issued by the Environment Agency or comply with the ‘general binding rules’ for the use of a non-mains drainage system. Further information is provided at https://www.gov.uk/permits-you-need-for-septic-tanks/overview

           The package treatment plant will also be required to be compliant with Building Regulations (including minimum distances from any building and private water supply source).

Note – The Committee voted to adjourn for a break at 11.00 a.m. and reconvened at 11.05 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.


11/06/2020 - Planning Application No. SL/2019/0359 OS Field Nos. 1737 and 1841 to the north of Boon Town, Burton in Kendal ref: 4343    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 11/06/2020 - Planning Committee

Decision published: 10/09/2020

Effective from: 11/06/2020

Decision:

Erection of 28 affordable dwellings and associated infrastructure (South Lakes Housing).

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.

 

Note - Councillor John Holmes declared a disclosable pecuniary interest in this item by virtue of the fact that he was one of South Lakeland District Council’s nominated Directors on the Board of South Lakes Housing and he was disconnected for the remainder of the meeting.

 

Councillor Suzanne Long, declared a non-pecuniary interest in this item by virtue of the fact that she had expressed an interest in a position relating to South Lakes Housing. She explained that she did not feel biased or pre-determined on the matter but was mindful of the perception of bias in the case and would not take place in the item and she was disconnected for the remainder of the meeting.

 

Councillor Vicky Hughes declared a non-pecuniary interest in the item by virtue of the fact that she lived in Burton-in-Kendal. She explained however, that she was not biased or predetermined and remained connected to the virtual meeting and took part in the discussion and voting on the item.

 

Councillor Brian Cooper declared a non-pecuniary interest in the item by virtue of the fact that the applicant was known to him. He explained however, that he was not biased or predetermined and remained connected to the virtual meeting and took part in the discussion and voting on the item.

 

The Planning Officer presented Planning Application No. SL/2019/0359 which sought full planning permission for the erection of 28 affordable dwellings and associated infrastructure on an allocated site. He displayed plans and photographs which outlined the proposals and explained that the access road to the site was part owned by the Council. The Planning Officer outlined the proposal which comprised of: two storey semi-detached dwelling houses; detached and semi-detached bungalows; and two blocks of maisonettes. He explained that a new access point had been proposed and the road would serve a small number of culs-de-sac within the proposed development. In addition a new pedestrian link would lead into the public footpath which ran along the northern site boundary.

The Planning Officer advised Members that the tenure of the dwellings, as outlined in the report, had changed and it was now 19 affordable rented in perpetuity and nine shared ownership homes. He explained that the proposal offered a significant contribution to affordable dwellings needed in the Rural Kendal Housing Market. He drew Members’ attention to the landmark ash tree which would be removed and went on to outline the access to the site which would be across a strip of land which was owned by South Lakeland District Council. The Planning Officer informed Members that a small strip of land would be lost from an existing play area which would necessitate the relocation of two swings. The Parish Council had raised no objections in this regard. In addition the link to the public footpath and the improvement of the existing public footpath to the main square would be secured by way of a Section 106 Agreement.

The Planning Officer concluded his presentation by outlining the slight harm to the setting of the listed buildings and conservation area and the loss of the mature ash tree. He explained that the harm would be outweighed by the public gain of 28 affordable dwellings and the hard and soft landscaping proposed would reduce the impact on the visual amenity of the landscape settlement character and there would be no adverse impact on the residential amenity of neighbouring dwellings.

The Planning Officer responded to questions raised by Members. He clarified the affordable housing provision and explained that as the dwellings were Housing Association there would be no right to buy the shared ownership homes.

The Legal, Governance and Democracy Specialist (Monitoring Officer) informed Members that the Section 106 Agreement would detail the staircasing restrictions on the shared ownership properties and the perpetuity of the affordable rented and shared ownership properties. She explained that the Section 106 Agreement was in draft stage and restricted the staircasing to 80% and undertook to provide a written response in order to provide clarification in this regard. In answer to a question relating to perpetuity, it was explained that some lenders requested clauses that impacted upon this and it was explained that South Lakeland District Council always sought to state that the obligations would bind the land.

In response to concerns regarding existing drainage issues within the village and the flood risk, the Planning Officer explained that a flood risk assessment had been submitted with the application and that the drainage would be surveyed and upgraded and ongoing discussions would take place between the developer and the Local Lead Flood Authority.

Members enquired about parking provision and asked if there would be electric charging points. The Planning Officer advised Members that there was no policy requirement for electric charging points.

The Legal, Governance and Democracy Specialist (Monitoring Officer) provided clarity regarding shared ownership and local occupancy and explained that staircasing restrictions could be agreed under delegated powers.

A Member highlighted concerns regarding renewable energy as outlined in policy DM2 paragraph 9. They referred to the fact there was no mention of renewable energy sources, rainwater gathering and solar gain had not been considered. There was no consideration of bicycle storage or the provision of electric charging points. The Member concluded by highlighting South Lakeland District Council’s (SLDC) declaration of a Climate Emergency and that climate change and biodiversity was at the heart of everything SLDC did.

A motion to refuse 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.

The motion to refuse the application was lost.

A motion to approve the application was proposed and seconded.

Members gave consideration to the concerns previously highlighted and the Planning Officer advised Members that there was no policy for the provision of electric charging points or solar panels. The Interim Development Management Team Leader highlighted other planning considerations and explained that often with developments compromises had to be struck and that where there were no specific policies in the Core Strategy or Development Management DPD, lessons could be learned and comments could be fed into the review of the Local Plan.

A vote was taken on the motion to approve the application, 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

(1)        the Head of Planning be delegated authority to grant planning permission subject to the details of a S106 Agreement to be delegated to the Head of Planning and the Chair of the Planning Committee; and

(2)        the following Conditions:

SECTION 106 AGREEMENT:

The development shall not commence until such time as a suitably worded legal agreement has been completed to the satisfaction of the local planning authority for the following

·         The provision of 28 affordable units as outlined within the report. To comprise 19 affordable rented in perpetuity and nine Shared Ownership homes

·         funding by the developer of a satisfactory footway to link continuously and conveniently to the village centre. The following contributions are required

£7000 for the provision of a public footpath.

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:  Location Plan LP01 P1, Proposed Site Layout. Dwg no 101-P3, Boundary treatment plan Dwg no SK06 D3, Planting Plan. Dwg no 1572-1-50 Rev F, Proposed Foul & Surface Water Drainage Plan dwg no K35155/A1/100 Rev H, Proposed Highway Levels and finished floor levels dwg no K35155/A1/101 Rev F, Proposed Roof Plan - Dwg no SK05 D4, Vehicle tracking analysis. Dwg no K35155/A1/103 Rev B, House Type Booklet: September 2019, Design & Access Statement: September 2019 - Rev A, Proposed streetscene. A2 Dwg no SK10, Ecological Appraisal Envirotech 28th January 2020,  Flood risk assessment and drainage strategy R. G. Parkins & Partners Ltd Revision C January 2020, Pre-development Arboricultural Report Treescapes Consultancy Ltd dated 1 April 2019, Landscape and Visual Appraisal Glenkemp April 2019,  Phase 1: desk top study report (preliminary environmental risk assessment) Geo Environmental Engineering 13 April 2018, Phase ii: ground investigation report Geo Environmental Engineering 20.07.2018.

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

Condition (3)   Before the commencement of the dwellings sample panels of the materials to be used for the external surfaces of the dwellings hereby approved shall be erected at the application site and no external walling shall be erected until written approval for the materials has been given by the Local Planning Authority. The approved details shall be fully implemented. 

Reason:           In the interests of visual amenity and in accordance with Policy DM1 of the Councils Development Management Policies.

Condition(4)    The approved landscaping scheme as shown on planting plan dwg no 1572-1-50 Rev F shall be fully implemented within the first planting season following completion of the development.

a)         All trees, shrubs and hedge plants supplied shall comply with the requirements of British Standard 3936, Specification -for Nursery Stock. All pre-planting site preparation, planting and post-planting maintenance works shall be carried out in accordance with the requirements of British Standard 4428(1989) Code of Practice for General Landscape Operations (excluding hard surfaces).

b)         All new tree plantings shall be positioned in accordance with the requirements of Table A.1 of BS5837:2012 Trees in Relation to Design, Demolition and Construction(Recommendations)

c)         Any trees, shrubs or hedges planted in accordance with this condition which is removed, die, become severely damaged or become seriously diseased within five years of planting shall be replaced within the next planting season by trees, shrubs or hedging plants of similar size and species to those originally required to be planted.

Reason:           To ensure appropriate landscaping of the site and in accordance with Policy DM4 of the Councils Development Management Policies.

Condition 5

i) No development shall commence, on any part of the approved scheme, until the full scheme details, as described in the approved Transport Assessment paragraphs  4.11 – 4.19, have been submitted to and agreed by the Local Planning Authority.  

ii) The dwellings hereby permitted shall not be first occupied until the highway works agreed under part i) above, have been fully completed and retained therafter.

Reason:           In the interests of highway safety.

Condition (6) Prior to the commencement of any development, detail of the retaining wall on the western boundary of the site must be provided including an analysis of its effects on sub surface flow lines in combination with increased infiltration and how this will affect downslope properties. The approved details shall be fully implemented prior to the first occupation of the development.

Reason:           To ensure that flood risk is not increased elsewhere and in accordance with Policy DM6 of the Councils Development Management Policies.

Condition (7)   Prior to the commencement of any development, detail of the permeable farm access track must be provided. The approved details shall be fully implemented prior to the first occupation of the development. 

Reason:           To ensure that flood risk is not increased elsewhere and in accordance with Policy DM6 of the Councils Development Management Policies.

Condition (8)   Prior to the commencement of any development, full details of the geocellular soakaways and rain gardens shall be provided to the local planning authority for its written approval. The approved details shall be fully implemented prior to the first occupation of the development and thereafter retained as approved. 

Reason:           To ensure that flood risk is not increased elsewhere and in accordance with Policy DM6 of the Councils Development Management Policies.

Condition (9)   No development shall commence until a construction surface water management plan has been submitted to and agreed in writing with the local planning authority. The approved details shall be fully implemented prior to the first occupation of the development and shall be retained thereafter in the approved form. 

Reason:           To safeguard against flooding to surrounding sites and to safeguard against pollution of surrounding watercourses and drainage systems and in accordance with Policy DM6 of the Councils Development Management Policies.

Condition(10)  A Surface Water Validation Report that demonstrates that the drainage scheme and exceedance routes are being carried out in accordance with the approved documents shall be submitted for approval to the Local Planning Authority for each distinct phase of this development, but should include as a minimum a post 50% occupation validation and a validation prior to occupation of the final dwelling.

Reason:           To ensure adequate provision is made for the management of surface water and in accordance with Policy DM6 of the Councils Development Management Policies.

Condition(11)  No development shall commence until a Construction Management Plan (CMP) has been submitted to, and approved in writing by, the local planning authority.

The CMP will include:

arrangements for the parking of vehicles of site operatives and visitors;

arrangements for loading and unloading of plant and materials;

storage arrangements for plant and materials used in constructing the development;

proposed wheel washing facilities;

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

measures to control the emission of dust and dirt during construction;

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

The approved CMP shall be adhered to during the construction period.

Reason:           In the interests of neighbouring residential amenity and in accordance with Policy DM1 of the Development Management Polices (DPD).

Condition (12)No construction work for this development should take place on the site, except between the hours 08.00 - 18.00 Monday to Friday and 09.00 – 13.00 on Saturdays. In particular, no work should be carried out on Sundays or officially recognised public holidays without the prior agreement in writing of the Local Planning Authority.

Reason:           To safeguard future residents and protect amenity of nearby residents from noise disturbance.

Condition (13)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.

Condition (14)Notwithstanding the approved plans, the development hereby permitted shall incorporate two internal swift bricks on each unit on plots 5,7,8 to 23 inclusive. Any variation to this shall be submitted to and approved by the Local Planning Authority. The swift bricks shall be retained as such thereafter.

Reason:         In accordance with Policy CS8.4 of the South Lakeland Core Strategy and Policy DM4 of the Local Plan Development Management Polices Development Plan Document.


11/06/2020 - Planning Application No. SL/2018/0311 - Land Adjacent to Marl Business Park, Watery Lane, Ulverston ref: 4342    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 11/06/2020 - Planning Committee

Decision published: 10/09/2020

Effective from: 11/06/2020

Decision:

Residential development of up to 28 dwellings (Mr A Cooke (Blake Henderson Ltd))

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.

 

Councillor David Webster declared a non-pecuniary interest in the item by virtue of the fact that he was Ward Councillor for Ulverston East. He explained however, that he was not biased or predetermined and remained connected to the virtual meeting and took part in the discussion and voting on the item.

 

Note – The Chairman advised Members that Simon Turner, Planning Viability Consultant, Lambert Smith Hampton (LSH), had been dialled into the meeting in order to answer any questions Members may have in relation to the viability assessment review at Appendix 1 to the Planning Officers Report.

 

The Planning Officer presented Planning Application No. SL/2018/0311 which sought outline planning permission, with all matters reserved, for up to 28 dwellings on a small allocated site in Ulverston. He displayed plans and photographs which outlined the proposals and drew Members’ attention to the late representations which had been circulated prior to the meeting. The Planning Officer outlined the proposal which was for up to 28 dwellings, the application having been re-publicised in March 2020 to draw attention to the proposed reduction in affordable housing.  He drew Members’ attention to the proximity of the development to Furness Railway, Ulverston Conservation Area and Marl Business Park and he explained that the site was within the development limits of Ulverston and was allocated for development under policy LA1.3 of the South Lakeland Land Allocations Development Plan Document. The Planning Officer displayed an illustrative site layout which showed a configuration of the 28 dwellings, which were considered to be a good mix of units, and which had been used to assess the potential impacts of the development on the character of the area. It had also been considered that the random arrangement show on the illustrative plan would need to be tightened up.

The Planning Officer drew Members’ attention to the requirements of Network Rail and their concerns regarding the protection of its assets, he advised Members that this could be addressed through a Basic Asset Protection Agreement. He went on to outline the proposed Sustainable Drainage System scheme (SuDs) and the requirement for permeable driveways.

The Planning Officer advised Members that CS6.3 of the Core Strategy required that on developments of nine or more units no fewer than 35% of units should be affordable homes and that the application was not compliant in this respect due to abnormal costs. The applicant had offered 20% affordable homes. He drew Members’ attention to the independent viability assessment which had been carried out by Lambert Smith Hampton and which had concluded that the abnormal costs associated with developing the site justified a lower requirement for affordable housing. However, Lambert Smith Hampton felt that the scheme was capable of viably providing an affordable contribution of 25% and this had subsequently been agreed by the applicant.

In concluding his presentation the Planning Officer informed Members that slow worms, a protected species, may occupy the site and that an Ecological Appraisal had been submitted earlier this year and a slow worm survey was underway, with the ecologist report due to be available at the end of July 2020.

Note – at this point in the proceedings the Chairman requested that the public participant, Mr Jonathan McDermott, the applicant’s agent be dialled into the meeting to make his representation.  The Chairman welcomed Mr McDermott and informed him that he had three minutes in which to make his address.

Mr McDermott addressed the Planning Committee in support of the application. He explained that the application had been the culmination of three years’ work, which had seen the submission of a refined scheme for an allocated development site and he stated that the application was outline planning permission with all matters reserved.

The Planning Officer and Simon Turner (LSH) responded to questions raised by Members.  The Planning Officer confirmed that the viability appraisal had been based on the illustrative plan of 28 units and that the affordable housing provision would remain as a percentage and not a specific number of units. The Legal, Governance and Democracy Lead Specialist (Monitoring Officer) advised Members that a Section 106 agreement would be required to secure the delivery of affordable housing to the agreed percentage.

In response to a question regarding the provision of electric charging points, the Planning Officer advised Members that there was no policy in place to insist on the installation of electric charging points. However, it was an area where developers were being encouraged to consider their installation.

Members thanked the Planning Officer for a well written and balanced report and the clear and comprehensive presentation.  Members gave consideration to the outline application and it was considered that the site was in an excellent location. Some Members agreed that maintaining the 25% affordable housing provision, even if the number of units on the site was reduced, was commendable. However, other Members were less satisfied regarding the reduction in the percentage of affordable housing.

A motion to approve the application was proposed and seconded and a vote was taken on the application, 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 Director Customer and Commercial Services be delegated authority to grant outline planning permission subject to:

a.         A section 106 agreement to secure 25% affordable housing with: (i) a tenure split of 50% for social rent and 50% shared ownership / discounted market housing, of which shared ownership shall form no more than 25% of the total; and (ii) a mix of housing types to meet evidence of need.

b.         Completion of a reptile survey and the incorporation of any necessary mitigation into additional planning conditions. If the survey proves that reptiles are present and that suitable mitigation is not possible in the context of the scheme as currently proposed then the application will be returned to the Planning Committee for further instructions.

c.         The following conditions:

Condition (1)   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 the reserved matters, or, in the case of approval on different dates, the final approval of the last such matters to be approved.

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

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

Condition (2)   Details of the access, appearance, landscaping, layout and scale (hereinafter called “the reserved matters”) shall be submitted to and approved in writing by the Local Planning Authority before any development begins and the development shall be carried out as approved.

Reason            To ensure a satisfactory standard of development on site.

Condition (3)   The development hereby permitted shall be carried out in accordance with the following approved plans:

           Location Plan “Prepared by: Jonathan McDermott, 10-04-2018”

(All other drawings and related information, including the latest Proposed Site Plan, reference WLC117/FE/001C, have been considered as illustrative only).

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

Broadband

Condition (4)   None of the dwellings 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 South Lakeland Development Management Policies Development Plan Document.

Accessible and Adaptable Homes

Condition (5)   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.

Archaeology

Condition (6)   No development shall commence within the site until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the local planning authority:

The written scheme will include the following components:

i.          An archaeological evaluation;

ii.          A recording programme of the archaeological assets impacted upon by the permitted development, the scope of which will be dependent upon the results of the evaluation;

iii.         Where significant archaeological assets are revealed by the programme of archaeological work, a post-excavation assessment and analysis, preparation of a site archive ready for deposition at a store approved by the local planning authority, completion of an archive report, and submission of the results for publication in a suitable journal.

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 preservation, examination or recording of such remarks.

Land Contamination

Condition  (7)  No development approved by this permission shall commence until a Phase One Assessment from a competent person and, if recommended in that Assessment, a further Phase Two Assessment and Remediation Statement, to be submitted to, and approved in writing by, the Local Planning Authority.

Thereafter, a validation report and statement from a competent person detailing the contamination assessment, including any found during development, and any remediation undertaken, will be required to be submitted to, and approved in writing by, the local planning authority upon completion of the development. This will require reference to the Phase One Assessment and if required any subsequent Phase Two and Remediation Statement.

Reason            To remove any risk or concerns for future occupants or owners of the development, and to ensure that site workers are not exposed to the unacceptable risks from contamination during construction.

Noise

Condition (8)   Those reserved matters listed in condition 2 that relate to the final design of the proposed dwellings shall include noise attenuation measures demonstrated to ensure compliance with the relevant  design criteria in BS 8233:2014 for achieving the following:

           living rooms / bedrooms not exceeding an internal ambient noise level of 35dB LAeq 16hour (0700 – 2300):

           bedrooms not exceeding an internal ambient noise level of 30dB LAeq 8hour (2300 – 0700); and

           no internal areas exceeding  an internal ambient noise level of 45 dB LAmax more than 15 times during the period 2300 – 0700.

Thereafter, no individual dwelling shall be first occupied until its approved attenuation measures have been completed.

Reason            To safeguard future residents and protect amenity of nearby residents from noise disturbance.

Condition  (9)  No dwelling with a curtilage abutting the boundary of the railway line and/or the Marl Business Park shall be first occupied until the entire length of the boundaries of the application site with the railway line and the Marl Business Park have been enclosed with an acoustic barrier, the details of which shall first have been submitted and approved as a reserved matter in compliance with condition 2. The acoustic barrier shall either be 2.6m in height, or such other height as shall be justified by an acoustic report accompanying the details submitted in compliance with condition 2.  

Reason            To safeguard future residents and protect amenity of nearby residents from noise disturbance.

Condition (10)No construction plant and/or machinery shall be operated on the premises before 0800 on weekdays and 0900 on Saturdays, nor after 1800 on weekdays and 1300 on Saturdays, nor at any time on Sundays or recognised public holidays.

Reason            To safeguard future residents and protect amenity of nearby residents from noise disturbance.

Landscape detail and implementation

Condition  (11) Matters of landscaping reserved for further approval by condition 2 shall comprise details of both hard and soft landscaping.  The hard landscaping details shall comprise: (i) proposed finished levels or contours; (ii) means of enclosure; (iii) finishes for car parking areas, and other vehicle and pedestrian access and circulation areas not proposed for adoption; (iv) incidental structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting, etc.); and (v) an implementation timetable. The soft landscaping scheme shall include details of: (i) planting plans; (ii) written specifications and schedules of proposed plants noting species, planting sizes and proposed numbers/densities; (iii) an implementation timetable; and (iv) 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.

Condition  (12) Those reserved matters listed in condition 2 relating to the design of the proposed houses shall include details of finished floor levels.

Reason            To safeguard and enhance the character of the area.

Biodiversity

Condition (13)No development shall commence until a scheme for biodiversity enhancement associated with the proposed development, including management proposals for the lifetime of the development, has been submitted to, and approved in writing by the local planning authority. The scheme must demonstrate a net gain in biodiversity unless it can be demonstrated that it is not possible. The scheme must be prepared in the context of: (1) the relevant advice in the Government’s Planning Practice Guidance and any other relevant best practice; and (2) the baseline conditions and recommendations contained within the Preliminary Ecological Appraisal, ‘Land adjacent to Watery Lane’, Ulverston, South Lakes Ecology, 18th March 2020, submitted in support of this application. Thereafter, the site shall be developed and maintained in accordance with the approved management proposals.

Reason            To meet the requirements of policy DM4 of the South Lakeland Development Management Policies Development Plan Document and paragraph 170 of the National Planning Policy Framework.

Access

Condition (14)Matters of access reserved for further approval by condition 2 shall comprise details of the design, construction, drainage and method of lighting for the proposed carriageway, footways, footpaths, cycleways etc., including the new footway proposed along Watery Lane connecting the site entrance to the A5087. These details must include longitudinal/cross sections. The details also need to accord with the standards laid down in the current Cumbria Development Design Guide, except where those standards are exceeded by the requirements to accommodate the refuse collection vehicles operated by South Lakeland District Council.

No individual dwelling hereby approved shall be first occupied until the carriageway, footways, footpaths, cycleways etc. serving it, including the new footway proposed along Watery Lane, have been completed in accordance with the agreed details.

Reason            In the interests of highway safety.

Condition (15)No other development shall not commence until visibility splays providing clear visibility of 40 metres measured 2.4m down the centre of the access road and the nearside channel line of the major road have been provided at the junction of the access road with the county highway. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order), 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 splays in a manner that would obstruct them. Where required to be demolished, the existing natural stone boundary wall to Watery Lane shall be reconstructed in reclaimed or matching natural stone, and in a matching style, along the back edge of the new visibility splay.

Reason            In the interests of highway safety.

Condition (16)The existing boundary wall to Watery Lane and the A5087 shall be retained except where demolition is necessary to achieve the necessary visibility splays.

Reason            To maintain local distinctiveness in accordance with policy DM2 of the South Lakeland Development Management Policies Development Plan Document.

Parking

Condition (17)Matters of layout reserved for further approval by condition 2 shall include car parking at a ratio of two spaces per dwelling plus one visitor’s space for every five dwellings. No individual dwelling shall be first occupied until parking to this ratio has been provided to serve its needs.

Reason            In the interests of amenity and highway safety.

Construction Environment and Traffic Management Plan

Condition (18)No development shall commence until a Construction Environment and Traffic Management Plan (CE&TMP) has been submitted to, and approved in writing by, the local planning authority. The CE&TMP shall include details of:

           the pre-construction road condition established by a detailed survey for accommodation works within the highways boundary;

           proposed crossings of the highway verge;

           arrangements for the parking of vehicles of site operatives and visitors;

           arrangements for loading and unloading of plant and materials;

           storage arrangements for plant and materials used in constructing the development;

           proposed wheel washing facilities;

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

           construction vehicle routing;

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

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

           measures to control the emission of dust and dirt during construction;

           a scheme for recycling / disposing of waste resulting from excavations and

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

Thereafter, development shall proceed in accordance with the relevant TA/CTMP.

Reason            In the interests of amenity and highway safety.

Surface water

Condition (19)No development shall commence until a surface water drainage scheme, based upon the hierarchy of drainage options listed in policy DM6 of the South Lakeland Development Management Policies Development Plan Document, together with an assessment of the site conditions, has been submitted to, and approved in writing by, the local planning authority.

The surface water drainage scheme must accord with the Non-Statutory Technical Standards for Sustainable Drainage Systems (March 2015), or any subsequent replacement national standards.

None of the dwellings hereby approved shall be first occupied until the approved surface water drainage scheme has been completed and made operational.

Reason            To promote the use of a sustainable surface water drainage scheme in accordance with policy DM6 of the South Lakeland Development Management Policies Development Plan Document.

Condition (20)None of the dwellings hereby approved shall be first occupied until a management and maintenance plan for the surface water drainage scheme for the lifetime of the development has been submitted to, and approved in writing by, the local planning authority. As a minimum the plan shall include:

a.         Arrangements for adoption by an appropriate public body, statutory undertaker, or private management company; and

b.         Arrangements for inspection and ongoing maintenance of all elements of the surface water drainage scheme to secure its effective operation for the lifetime of the development. 

The development shall subsequently be completed, maintained and managed in accordance with the approved management and maintenance plan.

Reason            To promote the use of a sustainable surface water drainage scheme in accordance with policy DM6 of the South Lakeland Development Management Policies Development Plan Document.

INFORMATIVES

Note (1)           In the exercise of its judgement in determining the appropriate balance of considerations, the Local Planning Authority has acted positively and proactively in determining this application proposal, taking into account all material considerations. Material considerations include planning policies and any representations that may have been received preceding the determination to grant planning permission in accordance with the presumption in favour of sustainable development as set out in the National Planning Policy Framework.  The Local Planning Authority is satisfied that its processes and practices are compatible with the Human Rights Act and the decisions of the European Court of Human Rights.

Note (2)           In preparing the details of the reserved matters required by condition 2 and/or the details required to comply with other conditions on this permission, the developer’s attention is drawn the contents of the email from Network Rail dated 05 March 2020 submitted as a consultation response to this planning application. Network Rail’s requirements, and in particular the need for a BAPA (Basic Asset Protection Agreement), could impact significantly upon the details of this scheme.

Note (3)           The developer’s attention is drawn to the provisions of the Wildlife and Countryside Act 1981 and the obligations this imposes, separate from the planning process, in respect of protecting wildlife. 

Note (4)           In preparing the surface water drainage scheme required by condition 19 Cumbria County Council has confirmed, in its dual roles as local highway authority and Lead Local Flood Authority, that permeable surfaces would be acceptable for all roads, including those proposed for adoption. This could be significant in ensuring that scheme satisfies the hierarchy of drainage options listed in policy DM6 of the South Lakeland Development Management Policies Development Plan.

Note  (5)          This Decision Notice is to be read alongside the legal agreement made pursuant to Section 106 of the Town and Country Planning Act 1990, as amended.

Note – The Committee voted to adjourn for a break at 11.13 a.m. and reconvened at 11.20 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.