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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, 29 November 2012, 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, 20 November 2012 Debbie Storr, Director of Policy and Resources (Monitoring Officer) For all enquiries, please contact:- Committee Administrator: Janine Jenkinson Telephone: 01539 717493 e-mail: [email protected] AGENDA Page Nos. PART I 1 APOLOGIES To receive apologies for absence, if any. 2 MINUTES 1 - 10 To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 25 October 2012 (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) Deputations and Petitions Agenda items for which requests to speak have been made. 6 REPORT OF THE DIRECTOR PEOPLE AND PLACES 11 - 80 To determine planning applications received. 7 RECENT DEPARTMENT OF COMMUNITIES AND LOCAL 81 - 150 GOVERNMENT CONSULTATION AFFECTING PLANNING To bring to Members’ attention to a consultation by, and proposed response to Department for Communities and Local Government - Technical Review of planning appeal procedures. 8 MONTHLY ENFORCEMENT ACTIVITY FOR SEPTEMBER 151 - 156 To inform Members about enforcement activity. 9 APPEALS UPDATE 157 - 166 To provide Members with information about the receipt and determination of planning appeals. 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 49 25.10.2012 Planning Committee PLANNING COMMITTEE Minutes of the proceedings at a meeting of the Planning Committee held in the Assembly Room, Kendal Town Hall, on Thursday, 25 October 2012, at 10.00 am. Present Councillors Ian McPherson (Chairman) Sheila Eccles (Vice-Chairman) Brian Cooper David Fletcher Sonia Lawson Joss Curwen Brenda Gray Sue Sanderson Philip Dixon John Holmes David Williams Sylvia Emmott Janette Jenkinson Apologies for absence were received from Councillors Clive Graham, Mary Orr, Bharath Rajan, David Ryder and Mary Wilson. Officers Zaheer Bashir Solicitor Kate Bellwood Planning Officer (part) Barry Jackson Development Management Team Leader Janine Jenkinson Assistant Democratic Services Officer Kate Lawson Planning Officer Mark Shipman Development Management Group Manager Lilian Hopkins Planning Officer (part) P/56 MINUTES RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting held on 26 September 2012. P/57 DECLARATIONS OF INTEREST RESOLVED – That it be noted that the following declarations of interest were made:- (1) Councillor Janette Jenkinson – Minute P/61 (Planning Application No.SL/2012/0576) and (Planning Application No.SL/2012/0633); and (2) Councillor Ian McPherson – Minute P/61 (Planning Application No.SL/2012/0594). P/58 LOCAL GOVERNMENT ACT 1972 - EXCLUDED ITEMS RESOLVED – That it be noted that there were no items in Part ll of the Agenda. Page 1 50 25.10.2012 Planning Committee P/59 PLANNING APPLICATIONS The Development Management Group Manager submitted a Schedule of Planning Applications and his recommendations thereon. RESOLVED – That (1) the applications be determined as indicated below (the numbers denote the Schedule numbers of the application); (2) except where stated below, the applications be subject to the relevant conditions and advice notes, as outlined in the Schedule; and (3) except where stated below, the reasons for refusal be those as outlined in the Schedule. P/60 PUBLIC PARTICIPATION RESOLVED – That the following applications, for which representations have been received from members of the public, in accordance with Minute 1810 (1996/97), be determined in the following manner :- 2.SL/2011/0685 PENNINGTON: Standish Cote and Mean Moor, Marton and Harlock Hill. Five 99.5M High (2.3Mw) Wind Turbines, incorporating the removal of five existing turbines on Harlock Hill, formation of on-site access tracks, infrastructure and carriageway widening works. (Mr Matt Russell) Members had received additional information from the applicant prior to the Committee meeting. The application site straddled the administrative boundaries of Barrow Borough Council and South Lakeland District Council. Barrow Borough Council’s Planning Committee had not yet considered the application. It was proposed that consideration be deferred to give the applicant an opportunity to submit further information so that the scheme could be determined by both authorities on the same information. Members of the public registered to speak on the proposal elected to defer making their representations. DEFER – to allow consideration of additional information. Page 2 51 25.10.2012 Planning Committee 6.SL/2012/0505 ALDINGHAM: Land adjacent to Beech Mount, Goadsbarrow, Ulverston, LA12 0RE. Two dwellings. (Mrs Clare Worrall) John Wilson spoke in objection to the application. He stated the size and bulk of both dwellings had now greatly increased and objected to the proposal on the grounds of overlooking and loss of privacy. A full copy of his speech has been placed on the Democratic Services file. David Barrett the Architect responded to the points raised. He stated that the principle of residential development on this site had been established and the proposed design was in-line with regulations. He stated that the proposal would not exert an overbearing impact on the privacy and amenity of the adjacent residential property. The Planning Officer reported that three additional letter of objection had been received from neighbouring residents. John Wilson had submitted a letter of objection. He had stated his concerns during the public participation item, therefore his points were not reiterated. The owner of Comfort Cottage had submitted comments in relation to the amended plans and had raised concern in relation to overlooking. Members were provided with a précis of a letter received from the owners of The Harbour. Concerns had been raised in relation to the speed limit of the road, car parking, excessive surface water run off, over shadowing, loss of privacy and the relocation of a bus stop. A site visit was proposed. Members felt that it would be beneficial to undertake a site visit in order to view and assess the application in relation to the surrounding properties. Defer – to allow a site visit. P/61 REPORT OF THE DIRECTOR PEOPLE AND PLACES 3.SL/2012/0123 PRESTON PATRICK: Low Audlands, Gatebeck, Kendal, LA8 0UH. Erection of agricultural worker’s dwelling (outline). (Mr Gibson) The Independent Consultant’s agricultural appraisal had provided sufficient justification for an additional dwelling to serve the farm business. In principle the proposal sited in this location was acceptable. It fulfilled the stringent criteria needed to justify a new dwelling in the countryside, and was close to the farm buildings within the holding. The Council’s Environmental Protection Officer had advised that suitable conditions relating to foul drainage, water supply and surface water drainage should be attached to any permission granted. Members deemed the application acceptable and were keen to support agricultural business in the area. GRANT - subject to the conditions detailed in the Schedule. Page 3 52 25.10.2012 Planning Committee 5.SL/2012/0395 LOWER HOLKER: Barns at Low Bank Side Farm, Cartmel, Grange over Sands, LA11 7NR. Change of use of redundant agricultural buildings to storage (Class B8) and light industrial (Class B1). (Holker Estates Co Ltd) Members felt that it would be beneficial to undertake a site visit in order to view and access the buildings and site location. DEFER – to allow a site visit. 8.SL/2012/0524 KIRKBY LONSDALE: Field to the east of Kirkby Lonsdale Business Park, adjoining the A65. General purpose agricultural building. (Mr Kevin Haworth) Consideration of this application had been deferred at last month’s meeting due to concern over the materials of construction of the proposed building.

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