Public Document Pack SOUTH LAKELAND DISTRICT COUNCIL South Lakeland House Kendal, Cumbria LA9 4UQ www.southlakeland.gov.uk You are requested to attend a meeting of the Planning Committee on Thursday, 28 March 2013, at 10.00 am in the District Council Chamber, South Lakeland House, Kendal Committee Membership Councillors Brian Cooper Joss Curwen Philip Dixon Sheila Eccles (Vice-Chairman) Sylvia Emmott David Fletcher Clive Graham Brenda Gray John Holmes Janette Jenkinson Sonia Lawson Ian McPherson (Chairman) Mary Orr Bharath Rajan David Ryder Sue Sanderson David Williams Mary Wilson Tuesday, 19 March 2013 Debbie Storr, Director of Policy and Resources (Monitoring Officer) For all enquiries, please contact:- Committee Administrator: Janine Jenkinson Telephone: 01539 793189 e-mail: [email protected] AGENDA Page Nos. PART I 1 APOLOGIES To receive apologies for absence, if any. 2 MINUTES 1 - 8 To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 26 February 2013 (copy attached). 3 DECLARATIONS OF INTEREST To receive declarations by Members and/or co-optees of interests in respect of items on this Agenda. Members are reminded that, in accordance with the revised Code of Conduct, they are required to declare any disclosable pecuniary interests or other registrable interests which have not already been declared in the Council’s Register of Interests. (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting.) Members may, however, also decide, in the interests of clarity and transparency, to declare at this point in the meeting, any such disclosable pecuniary interests which they have already declared in the Register, as well as any other registrable or other interests. If a Member requires advice on any item involving a possible declaration of interest which could affect his/her ability to speak and/or vote, he/she is advised to contact the Monitoring Officer at least 24 hours in advance of the meeting. 4 LOCAL GOVERNMENT ACT 1972 - EXCLUDED ITEMS To consider whether the items, if any, in Part II of the Agenda should be considered in the presence of the press and public. 5 PUBLIC PARTICIPATION Any member of the public who wishes to ask a question, make representations or present a deputation or petition at this meeting should apply to do so before the commencement of the meeting. Information on how to make the application can be obtained by viewing the Council’s Website www.southlakeland.gov.uk or by contacting the Democratic and Electoral Services Manager on 01539 717440. (1) Planning Applications Planning applications for which requests to speak have been made. (2) Agenda Items Agenda items for which requests to speak have been made. 6 REPORT OF THE DIRECTOR OF PEOPLE AND PLACES 9 - 150 To determine planning applications received. 7 A REPORT ON ENFORCEMENT ACTIVITY FROM 1 JAN UARY - 31 151 - 162 JANUARY 2013 To inform Members about enforcement activity. 8 APPEALS UPDATE 163 - 174 To provide Members with information about the receipt and determination of planning appeals. 9 TIME SCALES FOR RU RAL HOUSING POLICY REVIEW 175 - 186 To inform Members about the time scales for progressing Local Plan Policy Documents. PART II Private Section (exempt reasons under Schedule 12A of the Local Government Act 1972, as amended by the Local Government (Access to Information) (Variation) Order 2006, specified by way of paragraph number) There are no items in this part of the Agenda. This page is intentionally left blank Item No.2 81 26.02.2013 Planning Committee PLANNING COMMITTEE Minutes of the proceedings at a meeting of the Planning Committee held in the District Council Chamber, South Lakeland House, Kendal, on Tuesday, 26 February 2013, at 10.00 am. Present Councillors Ian McPherson (Chairman) Sheila Eccles (Vice-Chairman) Brian Cooper Janette Jenkinson Sue Sanderson Philip Dixon Sonia Lawson David Williams Sylvia Emmott Mary Orr Mary Wilson Brenda Gray Bharath Rajan John Holmes David Ryder Apologies for absence were received from Councillors Joss Curwen and Clive Graham Officers Mark Balderson Enforcement Officer Fiona Clark Planning Officer Lilian Hopkins Planning Officer Barry Jackson Development Management Team Leader Michael Keane Assistant Director Strategic Planning Kate Lawson Planning Officer Matthew Neal Solicitor to the Council Mark Shipman Development Management Group Manager Lee Teasdale Democratic Services Assistant P/94 MINUTES RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the Committee meeting held on 24 January 2013. P/95 DECLARATIONS OF INTEREST RESOLVED – That it be noted that there were no declarations of interest made at the meeting. P/96 LOCAL GOVERNMENT ACT 1972 - EXCLUDED ITEMS RESOLVED – That, should discussion be necessary, the item in Part ll of the Agenda be dealt with following the exclusion of the press and public. Page 1 82 26.02.2013 Planning Committee P/97 PUBLIC PARTICIPATION 1.SL/2012/0566 KENDAL: Land to west of Oxenholme Road, Kendal. Residential Development. (Briery Homes Ltd) Before discussion of the item commenced, the Chairman informed the Committee that the applicant had submitted an appeal of non-determination and that if the appeal proved to be valid, the Committee could only indicate how it would have been minded to determine the application. If the appeal proved to be invalid, the decision could still be issued by the Director of People and Places under delegated authority. Dennis Reed, spoke on behalf of the Triangle Opposition Group (TOG) in objection to the application. A full copy of the representation has been placed on the Democratic Serviced file. Objections were raised in relation to the damage that would be caused to the character of the local landscape, over intensive development of the site and wider infrastructure concerns such as the need for more schools, recreational spaces and traffic calming measures. Alastair Skelton, the applicant’s agent, responded to the points raised. He stated that the key issue for the applicant was to ensure that the infrastructure met local needs. The development was considered pivotal to the necessary growth of the area. A site visit had been undertaken and Members had had the opportunity to view the proposed site from several vantage points. The Planning Officer provided the Committee with a summary of a letter received from the applicant’s agent, which stated that £115,884 which had been requested by Cumbria County Council as a highways and transport contribution would not be committed to as it was considered not to meet the statutory tests for obligations set out in the Community Infrastructure Levy Regulations. With regard to other key elements, Briery Homes was willing to provide an affordable housing element of 10%, provide education contributions up to a maximum of £361,530, off-site public open space improvements of £20,000 plus a further £8,000 contribution for an off-site ‘kick about’ area. Cumbria County Council had sent a letter stating that it believed that the request for highways and transport contributions did meet the Community Infrastructure Levy Regulations tests and that the contribution would be directly related to the development. A discussion took place. Members felt that impact upon local primary school provision, the traffic generated by the development and the inability of the applicant to meet the needs of affordable housing provision outweighed the potential benefits of the development. The Director of People and Places be authorised to either REFUSE or inform the Planning Inspectorate that Planning Permission would have been refused had the Page 2 83 26.02.2013 Planning Committee Planning Committee been in a position to do so, for the reasons contained in the Committee Report. 3.SL/2012/0886 HELSINGTON: The Wheatsheaf Inn, Brigsteer, Kendal, LA8 8AN. Single storey rear extension, side extension, bay window, external stone staircase and front porch. (Individual Inns) Richard Frank, owner of a neighbouring property, spoke in objection to the application. A full copy of his representation has been placed on the Democratic Services file. He felt that the proposed development would impact upon the privacy afforded to his family and the outdoor area could cause light and noise pollution issues. Duncan Isherwood, the applicant’s agent, spoke of the support that had been received from local residents for the re-opening of the pub. The applicant was agreeable to the conditions suggested in the planning report, and would also arrange for fixed windows at ground level. Members discussed the possible un-neighbourly nature and parking impact of the development and were minded to suggest that the item be deferred to enable further negotiations to take place with the applicant. DEFER – to allow for further negotiations to take place with the applicant. P/98 REPORT OF THE DIRECTOR OF PEOPLE AND PLACES 5.SL/2012/0934 BURTON IN KENDAL: The Tannery, Tanpits Lane, Burton in Kendal, LA6 1HZ. Extensions and alterations to form annexed accommodation. (Mrs C Cliffe and Mr B Hornby) The Committee requested that a site visit be undertaken in order to view the proposal in relation to properties to the south and east. DEFER – to allow a site visit. 4.SL/2012/0914 KIRKBY IRELETH: The Moors, Sandside, Kirkby-in-Furness, LA17 7UB. Detached dwelling. (Mr W Brocklebank) Following a deferral for a site visit, the Committee was advised that whilst no objections had been raised against the development, the property would still be a new residential dwelling within open countryside, and therefore would be contrary to the National Planning Policy Framework and Policies CS1.2, CS3.1 and CS6.4 of the adopted South Lakeland Core Strategy. It was concluded that there were no significant material considerations relating to the application which could have been regarded as justification for allowing an exception to policy to be made.