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SOUTH LAKELAND DISTRICT COUNCIL PLANNING COMMITTEE – 24 November 2011

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SOUTH LAKELAND DISTRICT COUNCIL PLANNING COMMITTEE – 24 November 2011 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, 24 November 2011, at 10.00 a.m. in the District Council Chamber, South Lakeland House, Kendal Committee Membership Councillors Alan Baverstock Brian Cooper Joss Curwen Colin Davies Philip Dixon Sheila Eccles (Vice-Chairman) Sylvia Emmott Clive Graham Brenda Gray Tom Harvey John Holmes Janette Jenkinson Kevin Lancaster Sonia Lawson Ian McPherson (Chairman) Mary Orr David Williams Mary Wilson 16 November 2011 Debbie Storr, Corporate Director (Monitoring Officer) For all enquiries, please contact:- Committee Administrator: Janine Jenkinson Telephone: 01539 733333 Ext.7493 e-mail: [email protected] 1 2 AGENDA Page Nos. PART I 1. APOLOGIES To receive apologies for absence, if any. 2. MINUTES 5 - 10 To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 27 October 2011 (copy attached). 3. DECLARATIONS OF INTEREST To receive declarations by Members of personal and prejudicial interests in respect of items on this Agenda. 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 in writing by noon on the day before 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 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 INTERIM CORPORATE DIRECTOR (COMMUNITIES) 11 - 161 To determine planning applications received. 7. APPEALS UPDATE AT 11 NOVEMBER 2011 163 - 171 To provide Members with information about the receipt and determination of planning appeals from the start of the financial year in April. 8. A REPORT ON ENFORCEMENT ACTIVITY FROM 5 SEPTEMBER TO 173 - 179 7 OCTOBER 2011 To inform Members about enforcement activity between 5 September and 7 October 2011. PART II Private Section (exempt reasons under Schedule 12A of the Local Government Act 1972, as amended by the Local Government Act (Access to Information) (Variation) Order 2006, specified by way of paragraph number) There are no items in this part of the Agenda. 3 4 Item No.2 37 27.10.2011 Planning PLANNING COMMITTEE Minutes of the proceedings at a meeting of the Committee held in the District Council Chamber at South Lakeland House, Kendal, on Thursday, 27 October 2011 at 10.00 a.m. Present Councillors Ian McPherson (Chairman) Sheila Eccles (Vice-Chairman) Alan Baverstock Brian Cooper Joss Curwen Colin Davies Sylvia Emmott Brenda Gray Tom Harvey John Holmes Janette Jenkinson Kevin Lancaster Sonia Lawson Mary Orr David Williams Mary Wilson Apologies for absence were received from Councillors Philip Dixon and Clive Graham. Officers Mark Balderson Planning Enforcement Officer (part) Zaheer Bashir Solicitor Helen Coffey Communications Officer Lilian Hopkins Planning Officer (part) Janine Jenkinson Assistant Democratic Services Officer Barry Jackson Planning Officer Mark Shipman Development Management Group Manager (part) David Sykes Interim Corporate Director (Communities) (part) P/048 MINUTES RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting of the Committee held on 29 September 2011. P/049 DECLARATIONS OF INTEREST RESOLVED – That it be noted that the following declarations of interest were made:- (1) Councillor Kevin Lancaster - Minute P/052 (Planning Application No.SL/2011/0682); (2) Councillor Ian McPherson - Minute P/055 Case Ref 11.212 The Bothy, Rigmaden, Mansergh; and (3) Councillor Mary Wilson - Minute P/052 (Planning Application No.SL/2011/0730). 5 38 27.10.2011 Planning P/050 LOCAL GOVERNMENT ACT 1972 – EXCLUDED ITEMS RESOLVED – That the items in Part II of the Agenda be dealt with following the exclusion of the press and public. P/051 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/052 COMPLEX PLANNING APPLICATIONS RESOLVED – That the following applications be determined in the manner set out:- 1.SL/2011/0583 KILLINGTON: Land adjacent to Crooks Plantation, Killington, LA6 2HB. Siting of single wind turbine and associated control box. (Mr John Braithwaite) Members were informed that the application had been withdrawn by the applicant. WITHDRAWN. Note – Councillor Kevin Lancaster declared a personal interest in the following item of business, by virtue of knowing the applicant. 3.SL/2011/0682 MIDDLETON: Land adjacent to Jordon Lane to the south of Holme Farm, Middleton, LA6 2NF. Agricultural livestock building. (Mr and Mrs K Booth) A site visit had been undertaken and Members had had the opportunity to view and assess the site location in relation to the surrounding landscape. The Committee was advised that the main issue for consideration was whether the operational need for the building outweighed the intrusive impact this form of development would impose within an area of considerable natural beauty. Members were provided with a précis of the salient facts relating to the application. A report from the Council’s Agricultural Consultant had concluded that during winter hours it was necessary for livestock to be sheltered and that the application was a suitable proposal. 6 39 27.10.2011 Planning It had also been highlighted that due to the unsecure tenancy arrangement there was a potential risk that the landlord could cease the farming operation. Full consideration was given to the matters raised. A discussion took place during which Members noted that the farming need was essential to serve the functioning and viability of the farming enterprise and on balance wished to support the application to ensure the continuation of this operation. GRANT – subject to suitable conditions. Note – Councillor Mary Wilson declared a personal interest in the following item of business, by virtue of knowing the applicant. 5.SL/2011/0730 LOWER ALLITHWAITE: Blenkett Wood Lodge Park, Jack Hill, Allithwaite, Grange over Sands, LA11 7RL. Use of Land for siting one static holiday caravan. (Mr David Khan) The Planning Officer reported that a letter received from the applicant’s planning agent requesting that a site visit be undertaken had been circulated to the Committee. Lower Allithwaite Parish Council had recommended the application be refused due to the caravan being located outside the natural confines of the landscape and exerting a detrimental impact on the landscape. A discussion took place during which some Members queried the flood risk in this area and the assessment that had been carried out. Overall it was felt that there was no justification for a caravan to be sited within this location. REFUSE 2.SL/2011/0598 WHITWELL AND SELSIDE: Longwell, Selside, Kendal, LA8 9LD. Conversion of barn to dwelling and sub-division of existing farmhouse into two holiday letting units. (Mr and Mrs Gibson) The principle and detail of the proposed two holiday letting units was acceptable and the relocation of the farmhouse in the attached barn was not considered contentious in planning terms. GRANT – subject to the Conditions detailed in the Schedule and an amendment to Condition 6 to read ‘Whilst the building owned by the applicant to the west and north of the application site is in use as a working Poultry Unit the dwelling hereby permitted to be formed by the conversion of the barn of the site shall only be occupied by someone engaged in the operation of that unit and any resident family or surviving civil partner or widow or widower of such a person’. 7 40 27.10.2011 Planning 4.SL/2011/0699 ALDINGHAM: Garden of Flosh Fields, Scales, Ulverston, LA12 0PF. Erection of new dwelling and detached garage. (Mr & Mrs T and L Douglas) The main planning issues relating to the application were whether the scheme constituted infilling or rounding off of Scales; the relationship to neighbouring properties and the impact on the mature trees and shrubs on the northern part of the site. Members felt that it would be beneficial to undertake a site visit in order to view and assess the location of the proposed development and fully appreciate the matters raised by the application. DEFER – to allow a site visit. P/053 LISTED BUILDING APPLICATIONS RESOLVED – That the following application be determined in the manner set out:- 6.SL/2011/0384 KENDAL: Former Insurance Hall, Sand Aire House, and 0400 Stramongate, Kendal, LA9 4UA. Extension of time condition on SL/2007/0948 (change of use to family entertainment centre incorporating bowling, pool and food/drinks bar) (Mrs C Bolger) The Committee was advised that the main issues presented by the application related to car parking provision and a legal query that had been raised. The Planning Officer advised that car parking provision was available within the area. Sand Aire House was located close to other town centre parking including the multi-storey car parks at New Bank Yard and Blackhall Road.
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