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South Lakeland District Council Planning Committee – 29 July 2010

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South Lakeland District Council Planning Committee – 29 July 2010 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 July 2010, at 10.00 a.m. in the District Council Chamber, South Lakeland House, Kendal Note – Plans will be available for inspection in the Council Chamber from 9.15 a.m. on the morning of the meeting. Committee Membership Councillors Alan Baverstock Brian Cooper Joss Curwen Colin Davies Philip Dixon Sheila Eccles Sylvia Emmott Clive Graham Brenda Gray (Vice-Chairman) Colin Hodgson Frank Hodson Janette Jenkinson Kevin Lancaster Sonia Lawson Ian McPherson (Chairman) Maureen Nicholson David Williams Mary Wilson 21 July 2010 (date of despatch) 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 - 12 To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 24 June 2010 (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 CORPORATE DIRECTOR (COMMUNITIES) 13 - 82 To determine planning applications received. 7. A REPORT ON ENFORCEMENT ACTIVITY FROM 3 MAY TO 4 JUNE 2010 83 - 90 To inform Members about enforcement activity between 3 May 2010 and 4 June 2010. 8. APPEALS UPDATE AT 16 JULY 2010 91 - 104 To provide Members with information about the receipt and determination of planning appeals. 9. PLANNING POLICY STATEMENT 5 (PPS 5):PLANNING FOR THE 105 - 112 HISTORIC ENVIRONMENT To inform Members of the introduction of government Planning Policy Statement PPS 5, issued on 23 March 2010. 3 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. 4 Item 2 9 24.6.2010 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, 24 June 2010 at 10.00 a.m. Present Councillors Ian McPherson (Chairman) Brenda Gray (Vice-Chairman) Joss Curwen Colin Davies Philip Dixon Sylvia Emmott Clive Graham Colin Hodgson Frank Hodson Janette Jenkinson Sonia Lawson David Williams Mary Wilson Apologies for absence were received from Councillors Alan Baverstock, Brian Cooper, Sheila Eccles and Kevin Lancaster. Officers Zaheer Bashir Solicitor Fiona Clark Planning Officer (part) Barry Jackson Planning Officer (part) Janine Jenkinson Assistant Democratic Services Officer Andy Roe Development Management Group Manager Mark Shipman Development Control Team Leader P/015 MINUTES RESOLVED – That the Chairman be authorised to sign, as correct records, the minutes of the meetings of the Committee held on 18 and 27 May 2010. P/016 DECLARATIONS OF INTEREST RESOLVED – That it be noted that the following declarations of interest were made:- (1) Councillor Joss Curwen - Minute P/019 (Planning Application No. SL/2010/0082); (2) Councillor Clive Graham - Minute P/019 (Planning Application No.SL/2010/0347); (3) Councillor Janette Jenkinson – Minute P/019 (Planning Application No.SL/2010/0082); and (4) Andy Roe, Development Management Group Manager - Minute P/019 (Planning Application No.SL/2010/0347). 5 10 24.6.2010 Planning P/017 LOCAL GOVERNMENT ACT 1972 – EXCLUDED ITEMS RESOLVED – That it be noted that there were no items in Part II of the Agenda. P/018 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/019 COMPLEX PLANNING APPLICATIONS RESOLVED – That the following applications be determined in the manner set out:- 2.SL/2010/0187 MILNTHORPE: Fawcetts Garage, 13-17 Beetham Road, Milnthorpe. Demolition of commercial buildings and three dwellings and erection of petrol filling station and convenience store. (James Hall & Co Ltd) The Planning Officer reported that a further letter of objection had been received in response to the amended plans and details. The letter reiterated concerns relating to the car parking arrangement and the impact of increased traffic generation. Members were advised that although the application would result in the loss of existing employment, housing and a retail site, it was considered that the need for additional retail floor space as identified by the South Lakeland Retail Study and the benefits this would bring with regard to customer choice, retention of expenditure and improvements to the appearance of the site, overall outweighed this loss. In addition, it was reported that the applicant had agreed to incorporate into the scheme limited short term free car parking provision. Members had undertaken a site visit, and it was generally felt that the scale and design of the building would enhance the appearance of the area and surroundings without harm to the amenities of local residents. GRANT – subject to the conditions detailed in the Schedule and an additional condition to cover the production of a management agreement for the car parking area to allow short term parking. 6 11 24.6.2010 Planning 3.SL/2010/0225 PRESTON RICHARD: Storth End Farm, Stainton, Kendal. (FPA) & Construction of dwelling. (PK & R Woof) SL/2010/0226 (LBC) The Development Control Team Leader advised the Committee that whilst there was no functional justification for an agricultural workers dwelling, the specific site and family circumstances meant the proposal could be considered acceptable due to local need. Members were keen to support housing provision for workers in the agricultural industry, and due to the extenuating circumstances felt the application could be supported. GRANT – Planning Permission GRANT – Listed Building Consent Note – Councillors Janette Jenkinson and Joss Curwen declared personal interests in the following item of business, by virtue of being acquainted with the applicant. 1.SL/2010/0082 MILNTHORPE: OS field 7684, agricultural building, near Highfield, Ackenthwaite. Alterations to agricultural building, hard surface area and access (retrospective). (Mr David Parsons) Members were advised that Cumbria Highways had no objections to the scheme, but had recommended that an additional condition relating to access arrangements be applied. The Development Control Team Leader reported that an additional letter of objection had been received. Concern raised related to the domestic appearance of the building, lighting, toilet provision and the position of the gate not being as per approved plans. A discussion took place and some concern was expressed relating to the retrospective nature of the application. Members were keen to ensure that the building was used for agricultural purposes only. Overall, the Committee felt that the alterations would not adversely affect the character of the area and the application could be supported. GRANT – subject to the conditions detailed in the Schedule and an amendment to condition (2) to refer to ‘…otherwise let or occupied separately…’ and an additional condition to set gates back from the road. 4.SL/2010/0292 KIRKBY LONSDALE: Biggins Hall Farm Buildings, High Biggins, Kirkby Lonsdale. Change of use of buildings to Class B8 7 12 24.6.2010 Planning (Storage/Distribution) (Mr Stephen Ross) This application had been withdrawn prior to the meeting. WITHDRAWN Note – Andy Roe, Development Management Group Manager declared a personal and prejudicial interest in the following item of business, by virtue of being a member of Netherfield Sports Cricket Club and a Director of the County Football Association that had funded the development. He left the Chamber during the discussion and voting thereon. Councillor Clive Graham declared a personal interest in the following item of business, by virtue of being acquainted with the applicant. 5.SL/2010/0347 KENDAL: Netherfield Cricket Club, Parkside Road, Kendal. Variation of Condition No.2 on Planning Permission SL/2008/0955 (re colour of roof sheeting) (Mr W Thompson) Members were reminded that enforcement action to secure a more appropriate colour of roof sheeting had previously been authorised by the Committee. The application submitted for consideration sought formal consent to retain the light coloured roofing sheet. Kendal Town Council had recommended the application be refused due to the detrimental impact on the surrounding Conservation Area and the Green Flag status of the Castle. They had requested that the sheeting be replaced with a suitable colour in keeping with the local vernacular.
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