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, 26 November 2009, 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 Jane Carson Brian Cooper Joss Curwen Colin Davies Sheila Eccles Sylvia Emmott Clive Graham Brenda Gray Frank Hodson Janette Jenkinson Kevin Lancaster Sonia Lawson Paul Little (Chairman) Ian McPherson (Vice-Chairman) Maureen Nicholson David Williams Mary Wilson
18 November 2009 (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]
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2 AGENDA Page Nos. PART I 1. APOLOGIES To receive apologies for absence, if any. 2. MINUTES 5 -14 To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 29 October 2009. 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 and Member 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) 15 - 60 To determine planning applications received. 7. A REPORT ON ENFORCEMENT ACTIVITY FROM 7 SEPTEMBER TO 61 - 68 2 OCTOBER 2009 To inform Members about enforcement activity. 8. APPEALS UPDATE AT 16 NOVEMBER 2009 69 -80 To provide Members with information about the receipt and determination of planning appeals. 9. APPLICATIONS CONSIDERED PREVIOUSLY BY THE PLANNING 81 - 90 COMMITTEE AND DETERMINED BY THE CORPORATE DIRECTOR (COMMUNITIES) BETWEEN 20 OCTOBER AND 13 NOVEMBER 2009 To note the decisions made by the Corporate Director (Communities).
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 were no items in this part of the agenda. *** - ***
4 Item 2
41 29.10.2009 Planning
PLANNING COMMITTEE
Minutes of the proceedings at a meeting of the Committee held in the Council Chamber at South Lakeland House, Kendal, on Thursday 29 October 2009, at 10.00 a.m.
Present
Councillors
Paul Little (Chairman) Ian McPherson (Vice-Chairman)
Alan Baverstock Jane Carson Brian Cooper Joss Curwen Colin Davies Sylvia Emmott Brenda Gray Frank Hodson Janette Jenkinson Maureen Nicholson David Williams Mary Wilson
Apologies for absence were received from Councillors Sheila Eccles, Clive Graham and Brian Wilkinson. Officers
Kate Lawson Area Team Leader (West) Lilian Hopkins Planning Officer Janine Jenkinson Assistant Democratic Service Officer Andy Roe Development Control Manager
P/062 MINUTES
RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting of the Committee held on 24 September 2009.
P/063 DECLARATIONS OF INTEREST
RESOLVED – That it be noted that no declarations of interest were made.
P/064 LOCAL GOVERNMENT ACT 1972 – EXCLUDED ITEMS
RESOLVED – That it be noted that there were no items in Part II of the Agenda.
P/065 PLANNING APPLICATIONS
The Development Control 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
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(3) except where stated below, the reasons for refusal be those as outlined in the Schedule.
P/066 COMPLEX PLANNING APPLICATIONS
RESOLVED – That the following applications be determined in the manner set out:-
3.SL/2009/0592 KENDAL: Former Stokers Garage, Kirkland, Kendal. Erection of block of 36 apartments with retail unit at ground floor. (Kirkland Court Ltd)
The scheme had been reduced to 36 apartments, which would be one hundred percent affordable and managed by a Registered Social Landlord. 12 of the proposed apartments would be for people with physical disabilities. Specialist on-site support services for these apartments and the wider community would be provided, and general warden services for the remaining properties would be available.
The Planning Officer reported that two further letters regarding the application had been received. The local newsagent had raised concern that retail development in the area would undermine the existing local shops and be detrimental to town centre trade.
A letter on behalf of two residents of the Kirkbarrow estate, stated that although they welcomed the reuse of the site, the amendments made to the proposal had not sufficiently alleviated their concerns regarding the scale and visual impact of the application, therefore their original objections remained.
A site visit had been undertaken, and Members had now had an opportunity to view and asses the proposal in relation to its surroundings.
Members were advised that the scheme would provide much needed general affordable housing and specific units for people with physical disability. As the scheme was entirely for affordable housing managed by a Registered Social Landlord, Members were advised that a Section 106 Agreement to control occupancy would not be necessary in this instance.
Overall the application was considered acceptable.
GRANT – Subject to the conditions (suitably worded) set out in the Schedule and a condition to cover the submission of a scheme to control the provision and management of the affordable housing, and additional conditions to cover hours of working and management arrangements during the construction period.
5.SL/2009/0651 PRESTON RICHARD: Summerlands Trading Estate, Endmoor, Kendal. Construction of industrial unit with associated parking area. (Mealbank Estates Ltd)
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The application had been deferred at the last meeting of the Planning Committee to allow Members to visit the site.
The Development Control Manager advised the Committee that the scale and design of the proposal was appropriate to the location and it would be well screened from the surrounding landscape by existing buildings, the adjacent rising landform and woodland. Overall, it was felt that the construction would not adversely affect residential amenity, the landscape or highway safety, and that it was significantly different from the proposal dismissed on appeal some years earlier which involved the higher land to the south.
GRANT- Subject to the conditions detailed in the Schedule and additional conditions (suitably worded) relating to the following:- (1) external materials to be agreed to include dark roof material; (2) parking to be restricted to a maximum of 14 spaces; (3) details of construction management to be agreed; and (4) hours of working during construction period to be agreed. 9.SL/2009/0886 ARNSIDE: 2 Church View Cottages, Arnside. Extension & Alterations (Retrospective) (Mr & Mrs Mike & Sarah Fisher)
Members resolved to undertake a site visit in order to assess the impact of the application on the locality and amenity of neighbouring properties.
DEFER for site visit
P/067 STRAIGHTFORWARD PLANNING APPLICATIONS
RESOLVED – That the following application be determined in the manner set out:-
12.SL/2009/0731 WHITWELL AND SELSIDE: High Thorn Farm Selside, Kendal. The siting of six log cabins for holiday accommodation. (Mrs M J Lohr)
The Committee was advised that two previous applications on this site had been refused by the Committee.
The Development Control Manager reported that Skelsmergh and Scalthwaiterigg Parish Council had objected to the application. Concerns were raised in relation to vehicular access, especially in the event of an emergency and detrimental impact on the rural character of the area.
A letter received from Mr Raymond Crawford, the applicant’s partner was read out to the Committee. A full copy of the
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submission is available on the Democratic Services file.
It was felt that the impact of the scheme would be visually intrusive and harmful to the quality and character of the surroundings. Therefore contrary to the aims and objectives of Policy T6 of the South Lakeland Local Plan.
REFUSE
P/068 COMPLEX PLANNING APPLICATIONS
RESOLVED – That the following applications be determined in the manner set out:-
1.SL/2009/0118 GRANGE OVER SANDS: Former Kents Bank Hotel 96 Kentsford Road, Grange-Over-sands. Removal of conditions 5, 6,7,8,9 &10 (Re Occupancy) on Planning Permission SL/2006/0637 (Kentsford Ltd)
Members had resolved to grant Planning Permission for the application in April 2009, subject to the applicant entering into a Section 106 Agreement, to provide an affordable dwelling off- site, and appropriate conditions including a local occupancy restriction for the residential units created. The Section 106 Agreement had been signed, but in view of the changes to the local occupancy requirements, arising from the emerging Local Development Core Strategy, further consideration by the Planning Committee was deemed necessary.
The requirements in the proposed Local Development Framework Core Strategy no longer required affordable housing on developments of this scale or to restrict occupancy within the Grange-over-Sands area. Whilst it was still felt justified to retain the affordable unit negotiated in exchange for the loss of the holiday units, due to the change in policy regarding local occupancy, it was not considered that the inclusion of the local occupancy condition could be justified.
Members requested that a letter be sent to Grange Town Council on behalf of the Committee to advise them of the reason for the decision.
GRANT – Subject to the completion of the Section 106 Agreement requiring the provision of an affordable unit and the conditions previously agreed and set out in the Schedule concerning the occupation of the basement apartments.
2.SL/2009/0528 KILLINGTON: Aikrigg Farm Killington. Conversion of Barns to six dwelling and installation of sewage treatment plant. (Mrs A Wilson)
The key issues for Members consideration was the ratio of affordable local occupancy/open market housing, the location of
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the proposed dwellings, access provision, the impact of the conversion on protected species, specifically bats and the degree of demolition and rebuild required.
Additional information had been supplied with regard to bats and Natural England had confirmed that they were now satisfied with the application subject to the inclusion of mitigation measures to minimise the impact on the bat population.
The Development Control Manager advised the Committee that a method statement had been received from the architect offering reassurance that the structure of the building would be capable of conversion. It would be necessary that this was achieved as the first stage of the development.
With regard to concerns raised by Cumbria Highways, the architect had advised that passing places could be incorporated into the scheme using the applicant’s land, to accommodate any additional increase in traffic. This would have to be balanced against the agricultural traffic previously generated by the farm.
In relation to the key issue concerning the number of residential units to be created, the Development Control Manager reported that further information had been received from the Strategic Housing Officer expressing support for the size and type of affordable units to be created. It would only be viable to provide these with the number of units proposed, and negotiating a reduction in the numbers overall would have resulted in the loss of these units.
Following careful consideration of the issues, on balance the application was considered acceptable and Members elected to support the scheme.
That subject to the signing of a Section 106 Agreement to cover the provision of three affordable housing units, the Corporate Director (Communities) be authorised to GRANT Planning Permission, subject to the following (suitably worded) conditions:-
(1) Standard time limit;
(2) Local Occupancy provision for two units in addition to affordable provision, the remaining housing units to be open market provision;
(3) a requirement of the necessary repairs to the barns, be carried out at the first stage of the development and prior to its conversion;
(4) the provision of passing places along the access road from Three Mile House to the site;
(5) bat mitigation measures to be incorporated;
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(6) fenestration details to be agreed;
(7) Permitted Development Rights removed; and
(8) drainage details to be provided in accordance with the Environment Agency requirements; and
(9) as requested by consultees.
4.SL/2009/0623 ALDINGHAM: Field Known as Lime Kiln, off Sunbrick Lane, Baycliff Farm, Baycliff, Ulverston. Agricultural storage building (Part Retrospective) (Mr B C Dawson)
A decision on the application had been deferred at the last meeting to enable a Committee site visit. Members had now had the opportunity to asses the impact of the development on the surrounding area and considered the proposal acceptable.
Members made a separate request that the untidy land adjacent to the Coast road be investigated by the Planning and Enforcement Officer.
GRANT – Subject to the following conditions (suitably worded):-
(1) materials to be agreed;
(2) site and building levels; and
(3) requiring the removal of the unauthorised building on the limestone pavement within the farmstead, prior to the occupation and/or use of the application proposed.
6.SL/2009/0667 ULVERSTON: Land at Old Hall Road, Ulverston. Erection of three dwellings and the re-alignment of the Watercourse (revised scheme SL/2007/0389) (Mr Kevin Pike)
The Planning Officer advised the Committee that Ulverston Town Council had been re consulted on the amended plans received and that they now recommended approval.
A Committee site visit had allowed Members to assess the issues relating to the scheme. Overall, the proposal was considered acceptable.
GRANT- Subject to the conditions detailed in the Schedule.
7.SL/2009/0732 KIRKBY IRELETH: Headgate Cottage, Soutergate, Kirkby in Furness. Two-storey extension and alterations. (Mr Keith Bennett)
The Committee was advised that the proposal had been amended and the balcony element had now been omitted from the scheme.
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The Planning Officer provided Members with a summary of concerns that had been raised by neighbouring residents. Objections had been raised relating to the scale and design of the proposal and the unacceptable loss of privacy.
Members felt it would be beneficial to undertake a site visit in order to fully assess the impact of the proposal consideration of the application
DEFER for site visit
8.SL/2009/0800 Ulverston: The Old Railway, 35 Princes Street, Ulverston. (Full Planning Design/Office and storage building. Demolition of store building. Application) & (Mr Peter Barton) SL/2009/0824 (Conservation Area Consent)
The main issue in consideration of the application was the potential physical impact of the proposed development on the residential properties which immediately adjoined the site. This had been carefully considered by Members on their site visit.
It was reported that further to negotiations with the applicant’s agent to minimise the impact of the scheme, it was now proposed to install obscure glazing in the windows adjacent to the north east boundary, hip the roof and enclose the walkway link.
On balance, it was felt that the proposal was acceptable in this location. The extension of the employment premises was considered significant to the local economy, the protection of existing jobs and the creation of high value job opportunities.
GRANT – Subject to suitable conditions to cover the details of the building and site re-organisation, and to include the following conditions (suitably worded) :-
(1) site management during the construction period;
(2) external materials to be agreed; and
(3) inclusion of obscure glazing in the windows adjacent to the north east boundary.
P/069 LISTED BUILDING APPLICATIONS
RESOLVED – That the following applications be determined in the manner set out:-
10.SL/2009/0697 SKELSMERGH: Dodding Green, Dodding Holme, Mealbank, (Full Planning Kendal. Erection of Goathouse and associated store Application) & (SL/2009/0697) & Erection of Goathouse and associated store SL/2009/0698 including alterations to garden wall (SL/2009/0698)
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(Listed Building (Cenacolo Community) Consent)
It was reported that the Environmental Protection Group had confirmed that they had no objections in relation to the application.
The Development Control Manager advised the Committee that the applications were considered acceptable in terms of design and the proposed use.
Members unanimously resolved to support the applications.
GRANT- Planning Permission, subject to the conditions detailed in the Schedule.
GRANT- Listed Building Consent, subject to the conditions detailed in the Schedule.
P/070 STRAIGHTFORWARD PLANNING APPLICATIONS
RESOLVED – That the following application be determined in the manner set out:-
11.SL/2009/0699 SKELSMERGH: Dodding Green, Dodding Holme, Mealbank, Kendal. Opening up of culverted stream and diversion of stream through new online pond. (Retrospective) (Cenacolo Community)
Members consideration was sought in relation to a retrospective application for the creation of a pond and associated works to a watercourse to overcome the inadequacies of the existing culvert.
GRANT- Subject to the conditions detailed in the Schedule and completion of an Appropriate Assessment under the Habitats Regulations.
P/071 ENFORCEMENT ACTIVITY FROM 10 AUGUST TO 4 SEPTEMBER 2009
Members were presented with a report on enforcement activity between 10 August and 4 September 2009. Six outstanding cases from the enforcement caseload had been resolved. Thirty-three complaints had been recorded and were being investigated, of which seventeen had been resolved. There were no cases involving formal enforcement action for consideration.
07.025 – Lower Allithwaite, Priory Close, Cartmel
The Committee requested that details of the vacant property be forwarded to the Empty Homes Officer.
RESOLVED – That the report be received.
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P/072 RESIDENTIAL MONITORING FOR THE PERIOD 1 APRIL 2009 TO 31 MARCH 2010 (2 QUARTER REPORT)
Consideration was given to a report which set out the present situation at 30 September 2009 with regards to residential permissions and completions within the monitoring period 1 April – 31 March 2010, in comparison with the North West Regional Spatial Strategy (RSS) requirements. Members were advised that the low rate of completions reflected both current market conditions and the limited supply of housing land, which was likely to persist until adequate long-term provision was made in the forthcoming allocations Development Plan Document of the Local Development Framework.
The Development Control Manager highlighted the importance of a pragmatic approach in the consideration of marginal sites, in order to meet the Regional Spatial Strategy requirements. It was suggested that residential monitoring be incorporated into a future Member training session.
RESOLVED – That the report be noted.
P/073 APPLICATIONS CONSIDERED PREVIOUSLY BY THE PLANNING COMMITTEE AND DETERMINED BY THE CORPORATE DIRECTOR (COMMUNITIES) BETWEEN 15 SEPTEMBER AND 19 OCTOBER 2009
RESOLVED – That the report be noted.
P/074 APPLICATIONS DETERMINED BY CUMBRIA COUNTY COUNCIL
RESOLVED – That the report be noted.
P/075 APPEALS UPDATE AS AT 19 OCTOBER 2009
RESOLVED – That the report be noted.
The meeting ended at 1.p.m.
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14 AGENDA ITEM NO ………6…………
SOUTH LAKELAND DISTRICT COUNCIL
From: Corporate Director (Communities) To: Planning Committee – 26 November 2009
REPORT OF CORPORATE DIRECTOR (COMMUNITIES)
PLANNING APPLICATIONS FOR DECISION Page No
Index
Schedule A - Complex planning applications 19 - 46
Schedule B - Planning applications where the Corporate Director None (Communities) is seeking authority to determine
Schedule C - Applications relating to Listed Buildings 47 - 49
Schedule D - Advertisements None
Schedule E - Development by South Lakeland District Council and None Cumbria County Council
Schedule F - Straight forward planning applications 50 - 60
Schedule G - All other submissions None
Background papers relating to the subject matter of the report For all items the background papers are contained in the files listed in the second column of the schedule index.
Note: The background papers may be inspected at the offices of the Corporate Director (Communities), Lowther Street, Kendal, Cumbria
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16 SOUTH LAKELAND DISTRICT COUNCIL PLANNING COMMITTEE – 26 November 2009
SCHEDULE REFERENCE SECTION SITE ADDRESS NUMBER NUMBER & PAGE No.
ARNSIDE 6 SL/2009/0886 A (40 – 42) 2 Church View Cottages
BURTON 5 SL/2009/0866 A (36 – 39) Land to south of Burtlands Farm, Moss Lane / Station Lane
GRAYRIGG 2 SL/2009/0770 A (22 – 25) Simgill Farm
KENDAL 3 SL/2009/0822 A (26 – 31) Carus Green Golf Club House, Burneside Road
KIRKBY IRELETH 1 SL/2009/0732 A (19 – 21) Headgate Cottage, Soutergate, Kirkby in Furness 4 SL/2009/0856 A (32 – 35) Malt Kiln, Grizebeck, Kirkby in Furness
KIRKBY LONSDALE 11 SL/2009/0933 F (58 – 60) 27 Mitchelgate
LUPTON 10 SL/2009/0913 F (55 – 57) Lupton Villa
MIDDLETON 9 SL/2009/0903 F (50 – 54) Barn adjacent to High Fellside
PRESTON PATRICK 8 SL/2009/0781 C (47 – 49) Spout House, Nook, Lupton (FPA)
& SL/2009/0782 (LBC)
ULVERSTON 7 SL/2009/0911 A (43 – 46) Former Auction Mart, Lightburn Road / Brogden Street
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18 SCHEDULE A
Complex Planning Applications
SCHEDULE No: 1
SL/2009/0732 KIRKBY IRELETH: HEADGATE COTTAGE, SOUTERGATE, KIRKBY in FURNESS
PROPOSAL: TWO-STOREY EXTENSION AND ALTERATIONS
MR KEITH BENNETT
26/11/09 E322600 N481404
SUMMARY: Proposed two-storey extension to an attached cottage. Amended plans received. Neighbour concerns over impact of proposal including scale, design and loss of privacy. Deferred from the last meeting for a Planning Committee site visit.
KIRKBY IRELETH PARISH COUNCIL: Whilst the Parish Council has ‘No objections’ to this amended application, it notes the validity of the comments of local residents and strongly recommends this matter be determined by the Planning Committee, following a site visit.
OTHER: Three letters of objection and one letter of comment were received in relation to the original proposal from neighbouring residents. To date two letters of objection have been received in respect of the amended proposal. Their concerns are as follows: • the size of the proposed first floor window and the low level of the window sill will create an unacceptable loss of privacy because it directly overlooks the gardens of Headgate House. • the size, shape and style of the first floor window is not in keeping with the character of this historical 18th century cottage or the surrounding buildings. • the window should be of the same size and design as the existing first floor bedroom windows. • whilst there is now no balcony, the window area is large enough to be converted to French windows at a later date. • the redesigned proposals should not facilitate future changes to the size of the window openings to the ground or first floor.
19 • the scale of the proposed development will result in overshadowing of neighbouring properties and loss of light. • the only access to the site is through a shared courtyard and it is probable that this access will be compromised during building works. The owners of the courtyard are not prepared to allow builders vehicles or materials to be stored on the land at any time. It is also likely that part of the peat house would have to be demolished in order to get machinery through to the site. • the applicants have indicated that it may be necessary to increase the size of the extension in order to put down the necessary foundations as the existing single- storey extension does not have suitable footings.
DESCRIPTION AND PROPOSAL: Headgate Cottage lies within a small courtyard group of similar 18th century properties within the village of Soutergate. The garden of the neighbouring attached cottage wraps around the rear garden of the application site. It is proposed to construct a two-storey extension to the rear of the dwelling on the site of a single-storey lean to. The original proposal has been amended by the removal of a first floor balcony element and a reduction in the length of the extension by 1.5 metres to 3.6 metres so that it is now on the same footprint as the existing lean to. The gabled extension would project at right angles from the main roof and incorporate a three light casement window at first floor level to match the design of the existing ground floor window on this elevation. The window would measure approximately 1.6 metres wide and 1.0 metre high. The extension would be constructed of rendered blockwork painted white with a Burlington slate roof to match the main house. A feature arched window would be incorporated on the side elevation on the ground floor and two new velux rooflights are proposed in the main roof which do not require planning permission.
POLICY ISSUES: Policy S2 of the Local Plan sets out the South Lakeland Design Code and requires development applications to take proper account of its principles.
HUMAN RIGHTS ACT: The provisions of the Act are relevant in so far as they relate to the right to respect for private and family life and the peaceful enjoyment of property.
ASSESSMENT: The principle of extending this traditional cottage is considered to be acceptable, and the amended form of the extension proposed has gone some way to reducing the unneighbourly impact of the proposal. The extension would not result in any direct overshadowing of neighbouring properties, nor have a wider adverse impact on the surrounding area. The proposed first floor window would have a relatively modern appearance and be significantly larger than the existing first floor windows on the property. The property is not however listed nor located within a conservation area. The main issue relates to the overlooking impact of the first floor window on the neighbouring private garden area. The issues regarding access for builders vehicles and materials is a private legal matter which is not a relevant planning consideration.
20 A Committee site visit will have allowed Members to assess the potential impact of the proposed extension on neighbouring properties.
RECOMMENDATION: The Corporate Director (Communities) to report on the outcome of the site visit.
21 SCHEDULE A
Complex Planning Applications
SCHEDULE No: 2
SL/2009/0770 GRAYRIGG: SIMGILL FARM, GRAYRIGG, KENDAL
PROPOSAL: CONVERSION OF BARN TO TWO DWELLINGS WITH DETACHED GARAGES (REVISED SCHEME SL/2008/0037)
MRS W PRICE
26/11/09 E359415 N496563
SUMMARY: The scale of reconstruction now required could be considered acceptable in the context of the overall group.
PARISH MEETING: No comments received.
CUMBRIA HIGHWAYS: The rights of users of the public footpath crossing the site must be protected.
OTHER: None.
HISTORICAL CONTEXT: Planning permission was first granted to previous owners in 1991 for the conversion of barn ranges adjoining the farmhouse into five dwellings. The permission was periodically renewed. The applicant has completed the conversion of one barn to a cottage and the renovation of the farmhouse range. In 2008 planning permission was granted for a revised scheme to convert the remaining bank barn into two dwellings rather than the three dwellings previously proposed and with fewer new openings on the frontage.
DESCRIPTION AND PROPOSAL: This application arises out of the commencement of the conversion to which the 2008 permission related.
22 Work began in June 2009 with the specialist removal of the asbestos roofing sheets on the bank barn and on the Atcost building to its rear. The Atcost building and twentieth century lean-to between it and the bank barn were then removed. At the beginning of July the applicant had liaison meetings with the groundworks contractors and builders. On 7th July the architect visited to inspect the works and on the 8th the structural engineer visited to advise on the sequence and detail of the conversion works themselves. The Building Regulation Surveyor also visited that day to inspect the footings prior to concrete being poured later in the day. Further concrete foundations were poured that same week. The week had suffered a series of heavy rainstorms. On the following Monday (13th July) when the rainstorms and wind were even worse the groundworks team arrived to start laying water drainage systems prior to the laying of the main reinforced concrete base. It was noticed that water was seeping through the rear wall of the barn from the higher land to the rear. Small stones and lime were described as coming out with the water. As the workmen left the barn to collect pipes it is said that stones began to fall off the top of the front wall and as precautionary removal of vehicles from the frontage was being considered the roof trusses were seen to be pushed forward of the front wall top and then the rear wall buckled and imploded into the barn pulling attached masonry with it. The collapse of the rear wall revealed that it had not been built into a natural hillside but that the land to the rear had been made up to the first floor wagon door with stone rubble, slag and loose earth. The planning officer was able to view the site the next day, still in a storm of wind and rain. While there were still some full height sections of wall the majority was no longer upstanding and it was no longer possible to complete the conversion in accordance with the scheme granted permission. This application therefore proposes a reconstruction incorporating the remaining elements of wall. A re-siting of the proposed detached garages for the two dwellings is also proposed. The design appearance is very similar to the scheme granted permission in 2008.
POLICY ISSUES: Policy H12 of the Local Plan specifies the criteria which must be satisfied for the residential conversion of redundant buildings in the open countryside. The most relevant of the criteria in this instance is that relating to the barn being capable of conversion without substantial reconstruction.
HUMAN RIGHTS ACT: The provisions of the Act are relevant in so far as they relate to the right to respect for private and family life and the peaceful enjoyment of property.
ASSESSMENT: It does appear that the applicant took every care to conserve the original structure programming the work at a time when better weather might be expected and following specialist structural advice with traditional builders. The collapse appears to be attributable to a combination of the extreme weather conditions and to the unexpected character of the construction of the original stone barn into made ground intercepting a route of groundwater from a marsh to its north-east and the stream to the west of the farm group. These structural problems had been masked not only by the raised ground level but also by the twentieth century building range abutting the barn’s rear wall which protected from rainwater not only that rear wall but also the ground layers/earth bank below the modern range at the rear. The structural timbers and concrete stalls in these modern buildings also give additional bracing/support to the rear wall of the barn. The removal of the modern range allowed ingress of water into the wall and rendered the made ground water-logged and mobile.
23 The result is that the proposal is for a greater level of reconstruction than would normally be allowed. Given the way the problem arose and the scale of rebuilding within the context of the whole farmstead group the proposal could be considered acceptable.
RECOMMENDATION: GRANT subject to:- 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) No development shall be carried out on the site which is the subject of this permission until details of a system for foul drainage have been submitted to and approved in writing by the Local Planning Authority, and the development shall not be carried out otherwise than in full accordance with such approved details. Reason To ensure a satisfactory system of foul drainage and avoid pollution of the water environment.
Condition (3) The new areas of external wall shall be of stonework to match the remaining stonework in type of stone, coursing and jointing. Reason To conserve the traditional character of the farmstead group.
Condition (4) The roof shall be covered with slate being blue/grey/green in colour and of similar texture to those mined within the County of Cumbria a sample of which shall be submitted to and agreed in writing with the Local Planning Authority before any development work commences on site. Reason To conserve the traditional character of the farmstead group.
Condition (5) The doors and window frames shall be of timber and recessed into their openings from the front wall face by an amount equal to the recessing of the original door and window frames. Reason To conserve the traditional character of the farmstead group.
Condition (6) No development shall be carried out on the site which is the subject of this permission until details of water treatment plant and storage have been submitted to and approved in writing by the Local Planning Authority, and the development shall not be carried out otherwise than in full accordance with such approved details. Reason To ensure a satisfactory means of water supply.
Condition (7) This permission shall not be deemed to confer any right to obstruct the public rights of way crossing the site, which shall be kept open and unobstructed unless legally stopped up or diverted.
24 Reason To avoid interference with a public right-of-way.
Condition (8) Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995 as amended, (or any order revoking and re-enacting that Order) express planning permission shall be obtained for any development falling within Classes A, B, C and E of Part I, Schedule 2 of that Order. Reason To ensure that extensions, alterations, garages, outbuildings and other such development permitted by the Town and Country Planning General Permitted Development Order 1995 as amended, (or any order revoking and re-enacting that Order) will not detract from the appearance of the development or create unneighbourliness.
REASON FOR GRANTING PLANNING PERMISSION: The scheme is an acceptable alternative to previous designs and within the context of the whole farm group can be considered acceptable in relation to Policy H12 of the Local Plan.
25 SCHEDULE A
Complex Planning Applications
SCHEDULE No: 3
SL/2009/0822 KENDAL: CARUS GREEN GOLF CLUB HOUSE, BURNESIDE ROAD, KENDAL
PROPOSAL: REPLACEMENT CLUB HOUSE WITH AMENDED CAR PARKING ARRANGEMENTS; DETACHED DWELLING, TWO SEMI-DETACHED DWELLINGS AND FOUR SELF 26/11/09 CONTAINED FLATS E351313 N494696
MR GRAHAM CURTIN
SUMMARY: The current club house is not meeting existing needs and a new club house is proposed to provide improved facilities, with the construction and sale of six dwelling units on site providing the finance for the scheme. The main issues relating to this are increased usage of the site, and the visual impact of the new buildings on this sensitive location on the edge of Kendal. Members will have had the opportunity to make a site visit prior to the meeting to assess these impacts.
KENDAL TOWN COUNCIL: APPROVE, provided not un-neighbourly. Disappointed there is no element of affordable housing or Local Occupancy Section 106 agreement.
STRICKLAND ROGER PARISH COUNCIL: The consultation period for comments expired on 11 November 2009.
STRICKLAND KETEL PARISH COUNCIL: The consultation period for comments expired on 10 November 2009.
CUMBRIA HIGHWAYS: The proposal is acceptable. The existing access to the housing development is privately maintained and Cumbria Highways would not wish to adopt this access which is shared with
26 the golf course.
HIGHWAYS AGENCY: No objections.
ENVIRONMENT AGENCY: No objections.
OTHER: One letter of objection has been received on the grounds that the sewage system is at capacity; increased traffic on a dangerous corner; the design of the club house is out of character and should be a more traditional shape; the height of the buildings are out of character with the local area. There is no affordable housing in the scheme; the increased size of the club house may lend itself to large function use which would cause increased traffic and noise for local residents. Additionally one letter of comment has been received, questioning whether the floodlights on the driving range could be moved onto the new club house which would enable them to benefit from more modern technologies regarding light spillage and prevent the light pollution which already occurs from the existing range of lights.
HISTORICAL CONTEXT: Planning permission was first granted in 1993 for a 9 hole course. This was extended to an 18 hole course in 1995, with the club house being approved in 1994. In 2002 the driving range was approved, and the greenkeeper’s building and machinery store in 2004.
DESCRIPTION AND PROPOSAL: The existing site is occupied by the club house/owners flat in a traditional but extended barn, a single-storey wooden clad driving range, and an agricultural style building housing machinery and equipment. There is a large car park with access on the outside of a bend on the road between Kendal and Burneside. The development boundary for Kendal runs through the car park of the Golf course, as do the Parish boundaries of Kendal and Strickland Ketel. The existing club house would be demolished. The existing access would be retained and driving into the site you would pass between the six new residential units to the new club house. The driving range and machinery store would be retained in current style and location. New car parking for the golf club would be created to the side and rear of the club house and to the sides of the machinery store. The dwellings each have their own parking. A landscaping scheme has been submitted. The residential units comprise of a detached house, a pair of semi-detached houses and four flats in one building. The detached house and flats would be sited adjacent to the golf course, with the semi’s being set further back in the site. The detached house would be the most prominent as it would be closest to Burneside Road. Both this and the block of flats are of a contemporary design and would be 2.5 stories in height, with balconies overlooking the golf course. The materials include stone, slate and render.
27 The semi-detached house has a long sloping roof to reduce impact but would also be 2.5 stories in height. This house is sited so that its front faces between the flats and new club house and the rear faces between the driving range and Carus Green (the detached house which sits behind the golf club and which is in separate ownership). The club house is of a similar height to the residential units, incorporating entrance, office and changing facilities on the ground floor, a large club room, bar, kitchen and terrace on the first floor and managers one-bed flat on the second floor. It would be physically attached to the driving range at one corner, but there would be no internal access between the two. The building is orientated so that the terrace and glazed end elevation looks down the 18th fairway. The roof would be a concave slope with a sedum finish. The remainder of the building would have a mix of stone, glass, render and timber finishes.
POLICY ISSUES: The NW Regional Spatial Strategy (RSS) was adopted in September 2008, replacing many of the policies within the Cumbria and Lake District Joint Structure Plan. Policy L4 of the RSS requires that Local Planning Authorities manage land to ensure an appropriate level of housing supply. It also encourages the re-use of brownfield sites. Policy L5 of the Local Plan states that Local Authorities should consider local occupancy conditions to support provision for local housing need where this can be supported by evidence. Policy ST11 of the Cumbria and Lake District Joint Structure Plan required that new housing be restricted to people with a local connection to the area. The South Lakeland Interim Planning Approach to Housing Development (IPATH) set out the detailed implementation of this policy. However, Policy ST11 was not saved and is therefore no longer a material consideration when dealing with planning applications. In July 2009, Full Council approved the proposed Core Strategy for publication and submission. It proposes a series of requirements towards affordable and local occupancy based on a settlement hierarchy. However, these requirements are less onerous that those required by IPATH. On sites within Key Service Centres it does not propose to include requirement of local occupancy and sets a threshold of nine units for the requirement to provide affordable housing. Given that the policies within the Core Strategy are based on more up to date evidence than IPATH (Strategic Housing Market Assessment, NPS viability study etc) it should be considered as the main “non statutory” development plan guidance used in determining planning applications. The South Lakeland Local Plan remains the adopted policy document but the policies should be considered against the background of the more up to date RSS. Policy H4 of the Local Plan allows for small-scale residential development in Kendal providing there is no loss of important open space and subject to the submission of satisfactory density, siting, layout, landscaping and access details. Policy S2 of the Local Plan sets out the South Lakeland Design Code and requires development applications to take proper account of its principles. It is relevant to consider the effect of the hardstandings on the character and setting of the site and its environs. Policy L8 relates to the provision of club houses and car parking, provided they are suitably located, landscaped of appropriate size and scale and of a high standard of design using traditional materials.
28 HUMAN RIGHTS ACT: The provisions of the Act are relevant in so far as they relate to the right to respect for private and family life and the peaceful enjoyment of property.
ASSESSMENT: Information supplied by the applicant shows that the club has grown steadily in numbers with around 600 members and 5000 visitors in the last year. It has also been designated as Cumbria County Junior Centre of Excellence and has connections with Kendal College. Current facilities are extremely limited and are not meeting members or visitors needs. A new club house would enable the club to provide better for current members and continue to attract visitors. However during the current financial climate the only way to fund the club house is through an enabling housing development. Figures provided for the total scheme show the scheme is not intended to make a profit from the sale of the houses, but provide sufficient to pay for the club house and other necessary alterations. The site is on the edge of Kendal and whilst it is adjacent to Burnside Road, the local topography means that it is mainly only visible from a few locations close to the entrance, and from the footpath which crosses the course adjacent to the River. The visual impacts of this development are limited. Additionally when looking at the site from the footpath, the land rises steeply behind the side, meaning the buildings despite their height will not stand out on the skyline. The design of the buildings, whilst drawing continuity with surrounding areas through the use of local materials, is quite different to the design of the buildings in the area. The buildings are angular with strong geometric characteristics. The curved sedum roof will stand out as a feature of the new club house and as a feature in the area, and the angled ‘masts’ at the front of the houses will also stand out as feature. It is however considered that the use of local materials will help ‘ground’ the new buildings into the area and the distinctive architecture of the buildings will give them their own sense of identity, adding to the varied dynamic of architecture in Kendal and its environs. Discussions have been held regarding the retention of the current traditional club house and its conversion to a dwelling, however the applicant and agent considered that they could not get a layout to work effectively by retaining this building. ‘Carus Green’ is the most affected residential property. The occupants currently look out from kitchen and office windows over the car park to the hills beyond. This view will be interrupted by the semi-detached houses. The architect has tried to minimise loss of privacy by placing bathrooms on the rear on the second floor, but there are still bedroom windows on the rear. Undoubtedly there will be a loss of privacy towards Carus Green although efforts have been made to minimise this to what is in effect the back of the property. There will also be the loss of the views, and therefore some of the residential enjoyment which they have grown used to, and the effect of having another property close to their house which does not currently exist. Given the increased size of the club house, there is going to be opportunities for the club house to be used for more functions than currently occur. This will increase traffic and the potential for noise, although hours of trading will be controlled by other legislation to try and minimise disturbance. Such events are unlikely to occur with such frequency as to significantly and regularly increase traffic to the point of harm to other highway users or residential properties. Increased traffic as a result of the additional residential units is unlikely to be significant in this area. Emerging policies from the Core Strategy advise that it is not necessary to incorporate either affordable or local occupancy properties for a development of this scale.
29 This is a development which will improve current leisure facilities in the area and provide new residential units. However traffic will increase marginally and the new buildings will be visible and architecturally contrasting to the surrounding environment. On balance it is considered that contrasting development can add character and distinctiveness to an area, becoming a feature within their own right, and with a strong enough design ethic to convincingly add to the architectural mix of Kendal. Amended plans are awaited from the applicants in response to some issues regarding design and privacy, and these alterations will be reported to Members. Subject to a satisfactory conclusion to these negotiations, approval is recommended.
RECOMMENDATION: GRANT subject to: 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) Prior to the completion of or occupation of the dwellings hereby approved, whichever shall come first, a surface water drainage system shall be installed to prevent surface water running from the site onto the public highway. Reason In the interests of highway safety.
Condition (3) Within six months from the date when any of the buildings hereby permitted is occupied trees/shrubs shall be planted on the land in accordance with the approved details of landscaping. 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 soften the appearance of the development and add character.
Condition (4) A sample panel of the proposed external facing materials shall be erected on the site for the further written approval of the Local Planning Authority and this written approval shall be obtained - (a) before any constructional works are commenced; (b) before any of the superstructure is erected this panel shall be of sufficient size to indicate the method of jointing and coursing to be used. Reason To ensure that the character of the area is not adversely affected by reason of the appearance of the type and colour of the materials to be used in the proposed development.
Condition (5) The roofs of the residential properties shall be covered with slates being blue/grey in colour and of similar texture to those mined within the County of Cumbria a sample of which shall be submitted to and agreed in writing with the Local Planning Authority before any development work commences on site. Reason To ensure that the character of the area is not adversely affected
30 by reason of the appearance of the type and colour of the materials to be used in the proposed development.
Condition (6) Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995 as amended, express planning permission shall be obtained for any development falling within Classes A, B, C, E or G of Part I, Schedule 2 of that Order. Reason To ensure that extensions, garages, outbuildings and other such development permitted by the Town and Country Planning General Development Order 1995, will not detract from the appearance of the estate or create conditions of danger to users of the adjoining highways.
Condition (7) No external lighting shall be installed on the site or on any building without the prior written approval of the Local Planning Authority: Reason To prevent any unnecessary light pollution.
REASON FOR GRANTING PLANNING PERMISSION:
The proposal would significantly improve leisure facilities in the area by adding to an established and well used golf club. The design and siting of both club house and dwellings is appropriate in this context and consequently the proposal is considered to be in accordance with the aims and objectives of Policies L8, H5 and S2 of the Local Plan.
31 SCHEDULE A
Complex Planning Applications
SCHEDULE No: 4
SL/2009/0856 KIRKBY IRELETH: THE MALT KILN, GRIZEBECK, KIRKBY in FURNESS
PROPOSAL: CONVERSION OF REDUNDANT WORKSHOP INTO TWO LIVE/WORK UNITS INCLUDING INSTALLATION OF SEWAGE TREATMENT PLANT
M K SUPPLIES 26/11/09 E323661 N485234
SUMMARY: Proposed conversion of workshop to two live / work units and installation of septic tank. Application site straddles the National Park boundary, with only the proposed septic tank and forecourt elements located within the District Council’s planning area. Outstanding consultation responses awaited.
PARISH COUNCIL: The Parish Council views this proposal with some concern, and would bring to your attention the following points: 1. Sewage Treatment Plant. The proposed location of this plant 5 metres from the adjoining residential property, contravenes Building Regulations which clearly state plants must be a minimum of 7 metres distance. It is understood that the vent pipe will protrude above ground and as such be a source of nuisance smells and interfere with the use of the public footpath. 2. Soak away. The installation would be located beneath the forecourt and the highway and drain into a gully. This would contravene Building Regulations. 3. Public Footpath. The area of the forecourt encompasses the public footpath and it is therefore debatable whether the applicant owns the area outlined in red on the application. This application would envisage use of the footpath for both loading and unloading and parking thus forcing pedestrians onto the main road. The Parish Council considers this to be unacceptable from a safety point of view. 4. Parking spaces. The current resubmission relates to two units requiring a minimum of four parking spaces. The forecourt area is insufficient to permit parking without encroaching onto the public footway. 5. Utility Services. This application makes no reference to the use of gas or oil which may be required for both domestic and business use. Such requirements would involve the installation of storage tanks which are not shown on the submitted plans.
32 6. Work/Live units. The Parish Council has reservations on the need for such units in this area, based upon the take up of units currently available to the rear of the service station. The Parish Council considers this to be a most unneighbourly development, which it feels it is unable to support.
CUMBRIA HIGHWAYS: I can confirm that the area on which the sewage treatment plant is located is not considered to be part of the publicly maintained highway. Whilst the building is very large, the site has very limited off road parking. Manoeuvring on the forecourt across the highway is acceptable, this area should not be used for essential parking and obstructing the public footway that crosses the site. From the information provided, there are strong highway grounds to refuse the application relating to the lack of adequate on-site parking spaces, and loading and unloading provision to serve the proposed development.
SLDC ENVIRONMENTAL PROTECTION GROUP: Further information requested. To be reported.
BUILDING CONTROL GROUP: To be reported.
OTHER: Eight letters of objection to the proposal have been received from neighbouring residents. Their concerns are as follows: • The proposed sewage plant would be located only 5 metres from adjacent residential property and have a vent pipe protruding above ground level next to a public footpath. There is the possibility of nuisance from leakage and smells. The plant should be at least 7 metres distance. • The proposed plant appears to be located on highway land and it is questioned whether the applicant owns the land outlined in red on the application. • The proposed development would affect the use of the footpath which crosses the site and which has had uninterrupted and continuous use for many years. There is insufficient space for parking associated with this development. The footpath would be used for parking and loading and thus force pedestrians out onto the busy main road. • Two boilers are shown on the plans which suggest gas or oil tanks would be required which are not shown. • There are a lot of streams and wells in this area and the development will add to the risk of flooding. • It is unclear where the run off from the plant will go. There is a sewer pipe leading to another tank which crosses the end of the site and the Malt Kiln has no right to use this.
33 • There is a question as to whether the first decision ought to be revoked as part of the site is outside the National Park, and South Lakeland District Council were not involved.
HISTORICAL CONTEXT: Planning permission was granted by the Lake District National Park Authority in 2007 for the conversion of this redundant workshop building into a live / work unit. Since this consent was granted, questions have been raised regarding the precise location of the National Park boundary. It has now been determined that the boundary runs along the frontage of the building, and as such the forecourt area associated with the site is located outside the National Park. The current application has therefore been submitted to both the National Park Authority and South Lakeland District Council.
DESCRIPTION AND PROPOSAL: The Malt Kiln is located to the north of the A591 at Grizebeck. It is a large traditional stone building which has been vacant for a number of years. It was formerly owned by the County Council and used as a depot and more recently used as a workshop for boat repairs. The building is set back from the road frontage at an angle. This forecourt area is located outside the National Park and therefore within the remit of South Lakeland District Council for planning purposes. The application relates to the conversion of the building into two live / work units and the installation of a sewage treatment plant within the forecourt area to serve the proposed development. The principle of converting the building and the details relating to the conversion work are outside the control of the Council from a planning point of view. Therefore this report only addresses the elements of the proposal relating to the installation of the sewage treatment plant and the use of the forecourt area. The forecourt varies to between 9 metres and 5 metres in depth from the carriageway. A public footpath which runs alongside the road crosses the forecourt area, and it has been confirmed that although the applicants own the site outlined in red, this front part of the forecourt, is adopted highway. The proposed sewage plant would be located within the forecourt area at the western end of the site, within a metre of the boundary with the neighbouring residential property. The installation would be situated outside the adopted highway land. Details of the system to be used have been submitted and the Council’s Environmental Protection Officer and Building Control Officer have been consulted. The applicants agent states that the proposed system is the same as the one proposed for the previously approved scheme. It is also proposed that the forecourt area be used as parking to serve the proposed conversion and small amenity garden areas adjacent to the residential accommodation.
POLICY ISSUES: Policy S26 of the South Lakeland Local Plan relates to sewage treatment and disposal. It states that the installation of septic tanks will be favourably considered where connection to the mains sewers is not feasible, providing there is no adverse impact on amenity.
34 HUMAN RIGHTS ACT: The provisions of the Act are relevant in so far as they relate to the right to respect for private and family life and the peaceful enjoyment of property.
ASSESSMENT: The acceptability of the proposed sewage treatment plant will depend upon the technical suitability of the system proposed for this location and to this end the consultation responses from the Council’s Environmental Protection and Building Control Officer will be critical in the consideration of this element of the proposal. Further information has been obtained from the applicants regarding the details of the system proposed and the consultation responses will be reported at the meeting. With regard to the use of the forecourt area for parking and servicing purposes in association with the development, it is noted the highways officer has raised concerns about the limited amount of space available and potential obstruction of the public footpath. This area appears to have historically been used for parking as part of the previous uses of the site and as such its continued use for parking purposes is not necessarily an issue. However, the adequacy of the forecourt to serve the proposed conversion is a relevant consideration for the National Park Authority. The recommendation of the National Park Officer with regard to the conversion of the Malt Kiln has been requested and will be reported at the meeting.
RECOMMENDATION: The Corporate Director (Communities) to report on the outstanding consultation responses received and the issues raised.
35 SCHEDULE A
Complex Planning Applications
SCHEDULE No: 5
SL/2009/0866 BURTON IN KENDAL: LAND TO SOUTH OF BURTLANDS FARM, MOSS LANE / STATION LANE, BURTON in KENDAL
PROPOSAL: ERECTION OF WAREHOUSE BUILDING, FORMATION OF NEW VEHICULAR ACCESS, PARKING AND INSTALLATION OF SEPTIC TANK 26/11/09 E352232.1 N477195 MR ALAN LOOKER
SUMMARY: Although to be built within the open countryside, the warehouse would replace an extensive range of derelict farm buildings and would not have a materially detrimental impact on the surrounding countryside and would accord with the objectives of Local Plan Policy E7 to accommodate employment-related development in rural areas, Grant.
BURTON in KENDAL PARISH COUNCIL: To be reported.
HOLME PARISH COUNCIL: To be reported.
CUMBRIA HIGHWAYS: Express concern over the suitability of the road network which serves this site. The route to the A6 is obstructed by a low bridge and the lane across the moss is weak. All heavy traffic will have to use Station Lane and problems with vehicles using sat navs are envisaged. It is recommended that planning permission be refused on the grounds that the approach roads to the site are inadequate by reason of width, structural stability and height restrictions.
ENVIRONMENTAL PROTECTION OFFICER (SLDC): Details of the type of foul drainage that is to be installed are needed and a restriction on working hours is recommended.
36 LANCASTER CITY COUNCIL: The proposal will be screened from the west by the railway embankment. We are satisfied that the proposal will be determined in accordance with your policies.
NETWORK RAIL: No objection in principle.
OTHER: One letter of support from a neighbouring resident has been received. The main points put forward in support of the proposal can be summarised as follows: • the buildings which currently occupy the site are in a derelict state and detract from the appearance and character of the locality. • the proposed building will sit sympathetically within the landscape and will enhance the outlook from nearby properties, the public highway and the canal towpath. • local companies, such as Storth Engineering, that can create employment opportunities should be supported.
HISTORICAL CONTEXT: None.
DESCRIPTION AND PROPOSAL: The application site lies in the open countryside to the west of Burton and some 80 metres south of a small group of properties including the Station Inn, Station Terrace and, nearest to the proposed building, Burtlands. The site is separated from these properties by a field and is bounded to the south and east by Moss Lane and Station Lane respectively. The railway embankment carrying the West Coast main line lies to the west of the site. Currently, the site is occupied by a range of derelict and dilapidated farm buildings which are no longer in agricultural use. They are to be demolished and replaced by a building to be used as a warehouse by Storth Engineering; a company that specialises in metal fabrications and which employs 12 people in factory premises located alongside the railway line near to Holme Mills. The proposed warehouse covers a floor area measuring 40 metres by 25 metres and will stand 3.6 metres to the eaves and 7.4 metres to the ridge of the roof. The lower part of the walls are to be constructed of rendered blockwork with the upper part clad with vertical timber boarding. Profiled metal sheeting will be used to cover the roof. Vehicular access is from Moss Lane to the south and parking spaces are to be provided adjacent to the south-facing gable. A turning area for lorries is to be constructed on the west side of the building. The factory premises occupied by Storth Engineering are on a restricted site between Station Lane and the railway line. The proposed building will provide secure, covered storage space for the company’s products.
POLICY ISSUES: Local Plan Policy E7 state that favourable consideration will be given to suitable employment-related development in rural areas where the proposal:
37 a) is of a scale in keeping with its surrounds; b) does not detract from the amenity of residential areas; c) is not detrimental to the character or appearance of the landscape or settlement; and d) does not give rise to unacceptable levels of traffic.
HUMAN RIGHTS ACT: The provisions of the Act are relevant in so far as they relate to the right to respect for private and family life and the peaceful enjoyment of property.
ASSESSMENT: In the supporting text to Policy E7 it is explained that in rural areas employment-related development, which is compatible with the surrounding area, will be favourably considered. The policy commits the Council to reacting positively to employment-related development in rural areas provided that it is not in the undeveloped countryside nor damaging to the character and appearance of the landscape. In this case, although the site is within the open countryside there is built development nearby to the north. The site is also contained within the landscape being bounded to the east and south by lanes and to the west by the railway embankment. The proposed building would sit comfortably in this setting. The proposal would not exert a materially detrimental impact on the character or appearance of the surrounding countryside. It would accord with Local Plan Policy E7 which seeks to avoid significant adverse impact on the local area whilst at the same time having full regard to the need to foster employment-related development in rural areas.
RECOMMENDATION: GRANT subject to: 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) No operations or activities, including deliveries to or from the building hereby permitted, shall occur outside the hours of 8.00 am and 6.00 pm Monday to Friday and 8.00 am and 1.00 pm on Saturday nor at any time on Sundays or public holidays. Reason To protect the occupiers of the neighbouring properties.
Condition (3) The roof of the building shall be covered with dark grey sheeting conforming to British Standard colour 18 B 29 or such other dark colour as may be agreed in writing by the Local Planning Authority. Reason To ensure the use of appropriately coloured roof sheeting.
Condition (4) Within six months from the date when the building hereby permitted is occupied trees/shrubs shall be planted on the land in accordance with a planting scheme to be submitted to and approved in writing by the Local Planning Authority. Any trees/shrubs which are removed, die, become severely damaged
38 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 enhance the appearance of the development.
Condition (5) Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995 as amended, (or any order revoking and re-enacting that Order) express planning permission shall be obtained for any development falling within Classes A and C of Part 8, of the Second Schedule of that Order. Reason To ensure that subsequent alterations and extensions are compatible with the character of development.
REASON FOR GRANTING PLANNING PERMISSION: The development is compatible with the aims and objectives of Policy E7 of the South Lakeland Local Plan.
39 SCHEDULE A
Complex Planning Applications
SCHEDULE No: 6
SL/2009/0886 ARNSIDE: 2 CHURCH VIEW COTTAGES, ARNSIDE
PROPOSAL: EXTENSION AND ALTERATIONS (RETROSPECTIVE)
MR & MRS MIKE AND SARAH FISHER
26/11/09 E345897.9 N478810.7
SUMMARY: The impact of the extensions on the locality and the amenities of the occupiers of neighbouring properties is not considered to be so significant as to warrant refusal. GRANT
ARNSIDE PARISH COUNCIL: Comments due by 2 November 2009. No comments received.
OTHER: Comments objecting to the application have been received from an adjoining neighbour and one other raising the following issues: • the extension is not in keeping with the appearance of the locality; • the extension exerts a harmful visual impact; • 80% of the former rear yard area is now covered by extension; • the plans are incorrect, there is a discrepancy with respect to the wall height and height of the extension; and • the extension has a more imposing stance for neighbouring dwellings.
HISTORICAL CONTEXT: Consideration of this application was deferred at last month’s meeting to enable Members to visit the property to view the position of the proposed extensions. The application was recommended for approval at last month’s meeting subject to clarification of the plans following queries over their accuracy. The applicant has rechecked the measurements and
40 submitted annotated plans to reflect the measurements. The recommendation to grant the application remains. An extension projecting the full length of the yard and just over half the width of the yard was constructed in 1975 as permitted development by earlier occupiers of 2 Church View Cottages. Works commenced this August to modify this extension and add an additional extension. Initial contact with the planning authority did not indicate that planning permission was required for these works, but as the development approached completion it became apparent that planning permission was needed. This application seeks to regularise the works undertaken.
DESCRIPTION AND PROPOSAL: Church View is a narrow lane accessed off Church Hill. Vehicular access is restricted to the top part of the lane allowing access to the rear of Church View Cottages and two properties which front on to Church Hill. Church View consists of a terrace of traditional stone-built dwellings which front directly on to the footpath that heads downhill in an easterly direction towards the station. They do not have any front yard or garden area; their front doors open directly onto the footpath. The properties possess rear yard areas which are accessed via a private rear lane, an arrangement common to properties of this age. The rear yards are orientated in a south- easterly direction Retrospective planning permission is sought for an extension and alterations at the rear of 2 Church View Cottages, a mid-terrace property. Because the terrace is on a slope the property to the west, 3 Church View Cottages is at a slightly higher level, and the property to the east, 1 Church View Cottages, is slightly lower. The application includes an extension projecting just under 3 metres in depth from the dwelling over the remaining yard area with a rendered finish. It measures 1.3 metres in width and 2.7 metres in height and has a flat felted roof and one window in the south-westerly end elevation. This extension is attached to the original extension built in 1975 in order to form one large room internally. The original extension has been remodelled so that the former shallow mono-pitched roof has been raised to 2.7 metres in height to match the roof of the new extension. A corner of the original extension closest to the rear lane has also been in- filled to create additional space. Patio doors open out from the south-easterly elevation of the extension directly into a level slab in the private lane, similar to other paved areas in the lane. The rear wall of the extension now forms the boundary to what was formerly the yard area. The original extension did not have a window in the rear elevation.
POLICY ISSUES: The Authority has adopted guidelines on extensions. Policy S2 of the South Lakeland Local Plan sets out the South Lakeland Design Code and requires development applications to take proper account of its principles. It is relevant to consider the effect of the extensions on the residential enjoyment of neighbouring properties. The protection of residential amenity is a recognised material consideration in deciding whether planning permission should be granted.
HUMAN RIGHTS ACT: The provisions of the Act are relevant in so far as they relate to the right to respect for private and family life and the peaceful enjoyment of property.
41 ASSESSMENT: The main issues to consider are the impact of the extension and alterations on the character of the locality, and the impact on the amenities of the adjoining neighbours. Visually the extension appears as a relatively modern box-like structure. Whilst the materials from which it is constructed do not match those of the original dwelling, the grey rendered wall helps minimise its appearance and is not unsimilar to the materials of the original extension or other extensions in the vicinity. Although the loss of nearly all of the yard area is not necessarily a development that the Planning Authority would wish to encourage, this is a rear yard which is not visible from a public viewpoint. Nor would this in itself be a reason for refusal. The adjoining property to the east, 1 Church View Cottages has a first floor extension on supporting columns, and the property adjoining this, East View, has a two-storey extension. Both of these extensions are rendered and tiled, and affect the traditional yard layout to some extent. Considered in its local context the appearance of the structure and its impact on the locality is not judged to be significant. When judging the impact of the proposals on the neighbouring properties, the existence of the original extension must be taken into account. The property which lies at a slightly lower level to the east of the application property, 1 Church View Cottages has a 2.1 metre high boundary wall along its south-westerly side boundary. Beyond this the extension raises an additional 0.7 metres. As this property possesses the first floor extension supported on columns, the increase in height of the existing extension does not significantly affect light into this property nor exert an overbearing impact on it. The property to the west, 3 Church View Cottages is positioned at a slightly higher level that 2 Church View Cottages. The combination of the flat-roofed design of the structure and the differing land levels serves to reduce the impact of the extension and alterations on the occupiers of this property. The proposals are not harmful to the privacy of the occupiers of this property, and although they will be able to see the extensions, it does not exert a significantly detrimental impact on this property which would warrant refusal of the application. The development is not overbearing and nor does it cause overshadowing. Should Members decide to grant planning permission for the extension it is recommended that conditions are attached restricting alterations to the roof including the erection of flues, or the insertion of additional windows in the south westerly side elevation of the extension without the express planning permission of the Local Planning Authority.
RECOMMENDATION: The Corporate Director (Communities) will report on the issues raised at the site visit.
42 SCHEDULE A
Complex Planning Applications
SCHEDULE No: 7
SL/2009/0911 ULVERSTON: FORMER AUCTION MART, LIGHTBURN ROAD / BROGDEN STREET, ULVERSTON
PROPOSAL: CONVERSION OF PART OF AUCTION MART BUILDINGS TO FORM MICRO BREWERY, OFFICES AND ASSOCIATED CAR PARKING, AND THE ERECTION OF 26/11/09 FOUR TERRACED E328790 N478035 DWELLINGS WITH PARKING AND GARDEN AREAS
MODLAR LIMITED
SUMMARY: Proposed conversion and redevelopment of former auction market to micro brewery and the construction of four dwellings. Located within the Ulverston conservation area. In principle considered to be acceptable.
ULVERSTON TOWN COUNCIL: Approve.
CUMBRIA HIGHWAYS: To be reported.
SLDC ENVIRONMENTAL PROTECTION GROUP: Recommends conditions be attached to any consent relating to the treatment of on-site contamination, details of measures to deal with noise generated from adjacent commercial uses, restriction of hours of construction, restriction of hours of operation of the brewery and delivery hours.
SLDC CONSERVATION OFFICER: The proposals are largely supportable and should help to preserve the special interest of the conservation area and the special features of this landmark building. The loss of the southern, less interesting part of the site is acceptable. I would wish to see the retention of
43 as much as the full height wall along Brogden Street as possible, including the section containing the second mullioned window. I do not believe that a dwarf stone wall with utilitarian security fencing is appropriate here.
OTHER: One letter of comment has been received from the neighbouring garage business in relation to the proposed dwellings, which will be located adjacent to their jet wash service. They are concerned that future occupiers of the dwellings may complain about the noise and activity associated with the jet wash. Concerns are also raised about the foul drainage from the site as historically there have been problems with sewerage overflowing onto the garage site. The development should be connected to the mains sewer on Brogden Street. One letter of objection has also been received from a neighbouring resident who is concerned that the proposed development will have an impact on highway safety, parking and levels of traffic to a busy road. Parking is a particular issue in the area and it is increasingly difficult for residents to park at peak times. Also the development will create noise and disturbance during and post construction. The scale of the development seems too vast for the site.
HISTORICAL CONTEXT: This 19th Century building formed part of the original auction market and was last used by Cumbria Crystal for glass manufacture and sales. The building has been vacant since the relocation of Cumbria Crystal to the site adjacent to Booths. In May 2002, planning permission was refused for the redevelopment of the site to form 12 residential units, on the grounds of the loss of an employment site and incompatibility with the adjoining engineering works. Permission was granted in 2006 for the conversion of the frontage part of the site to an indoor children’s play centre, including the demolition of the rear part of the building to create a car park. This scheme was never implemented. The site is now included within the revised Conservation Area boundary for Ulverston. The engineering company which occupied the adjoining building has since closed and it is now occupied by a plumbers merchants and showroom.
DESCRIPTION AND PROPOSAL: The site comprises a large limestone building, originally constructed in 1878 as the towns auction market, which fronts onto Lightburn Road and Brogden Street. The western part of the original building was split off some 42 years ago and has recently been occupied by a plumbers merchants. The application seeks permission for the conversion of the Lightburn Road frontage part of the building to accommodate a micro brewery. Although the use of the building as a micro brewery in itself does not require planning permission, the alterations to the rear of the building to create a service yard and parking area does. The other part of the proposal relates to the construction of a terrace of four dwellings on the rear portion of the site. No changes are proposed to the principal elevation of the building on Lightburn Road and the octagonal bullring, which is a distinctive feature of the building, would be retained and used as the main brewing area. The rear part of the building which is of a much plainer design would be demolished. The exposed rear walls of the existing building would be built up where required and made good. An enclosed servicing yard and parking area for 7 cars would be created adjacent to the micro brewery with a new vehicular access directly onto
44 Brogden Street. This area would be enclosed by a dwarf stone wall topped with security fencing. The proposed terrace of four dwellings would face onto Brogden Street, set back from the frontage by approximately 3 metres behind a dwarf stone boundary wall. The rear of the dwellings would face onto the exposed rear wall of the adjoining plumbers merchants building and the southern most plot would adjoin the rear of the garage site. The two-storey three bedroomed dwellings are of a traditional design incorporating a series of alternate gabled frontages. The two central units would have integral garages and first floor balcony features. The two end units would have attached single garages. The dwellings would be constructed of rendered block work and the agent has confirmed that the roof will be covered with natural slate and the windows would be painted timber sashes, rather than the concrete tiles and uPVC materials referred to in the submitted application. Each dwelling would have two off-road parking spaces, including the garage space and a small private rear yard area. The agent has confirmed that the site would be connected to the mains drainage system on Brogden Street. A contamination report in the form of a desk study has been submitted with the application. This recommends that further site investigation works are undertaken both before and after the demolition of the rear part of the building, to identify the extent and nature of contaminants and determine the scope of remediation work required.
POLICY ISSUES: The site is located within the Ulverston Conservation area and as such the Local Planning Authority has a duty to consider the impact of the proposal upon the character and appearance of the Conservation Area as detailed in Policy C16 of the South Lakeland Local Plan. Policy H4 of the Local Plan supports small-scale residential development in Ulverston and Kendal providing it does not remove important open space. Policy E6 of the Local Plan allows the change of use of employment premises where the existing or proposed use is unneighbourly or the firm would move to a more viable location.
HUMAN RIGHTS ACT: The provisions of the Act are relevant in so far as they relate to the right to respect for private and family life and the peaceful enjoyment of property.
ASSESSMENT: With respect to the micro brewery element, the restoration and reuse of this historic building is to be welcomed. The applicants have been asked to consider incorporating the comments received from the Council’s Conservation Officer with respect to the retention of a longer stretch of the outer wall of the existing building along Brogden Street. However this will need to be balanced with the retention of sightlines for vehicles emerging from the new parking area. Further details of the treatment of this elevation have been requested. The principle of residential development as a mixed use proposal on this site is also considered to be acceptable. The proposal would retain a significant employment element to the site and given that the whole site has been vacant for many years and adjoins an established residential area, it is considered that the incorporation of a residential use as part of the scheme would be appropriate in this case. The previous concerns relating to the neighbouring engineering company which formerly occupied the adjoining site now no longer apply.
45 The concerns raised by the adjacent garage are noted, but it is considered that the proposed dwellings should not prejudice the use of the jet wash facility and the consideration of enhanced boundary treatments to the rear of the site would help to mitigate such impact. Details regarding the operational hours of the proposed micro brewery have also been requested. The overall form and design of the proposed dwellings is also considered to be acceptable. The applicant has been asked to consider the incorporation of stone facing details to the front elevation of the dwellings, perhaps reusing some of the stone from the Brodgen Street elevation to be demolished. Subject to the agreement of these details and the outstanding consultation responses, the scheme is recommended for approval.
RECOMMENDATION: Subject to a satisfactory conclusion to negotiations over the details, the application be GRANTED subject to conditions relating to the following: (1) Standard time limit. (2) Materials. (3) Boundary treatments. (4) Contamination remediation measures. (5) Construction Management details.
46 SCHEDULE C
Applications relating to Listed Buildings
SCHEDULE No: 8
SL/2009/0781 (FPA) & SL/2009/0782 (LBC) PRESTON PATRICK: SPOUT HOUSE, NOOK, LUPTON
PROPOSAL: CONVERSION OF BARN TO DWELLING, HOLIDAY COTTAGE AND BUSINESS UNIT (CLASS B1)
TRUSTEES OF KAREN PEASE 1987 26/11/09 SETTLEMENT E354850.5 N481792.3
SUMMARY: Although the proposed conversion is consistent with established and emerging policy, there are a number of details which need to be resolved before planning permission and listed building consent can be issued.
PRESTON PATRICK PARISH COUNCIL: No objection.
CUMBRIA HIGHWAYS: No objection.
SLDC CONSERVATION OFFICER: While much of the submitted scheme is well considered and will assist in the preservation of this listed building, there are a small number of less desirable proposals that area potentially harmful to the building and its setting. There are certain elevational changes that are not acceptable; the structural report is lacking in detail, and the treatment of the curtilage to the south east of the barn will adversely affect the setting of this listed building. Provided these matters can be satisfactorily resolved, there are no objections to the granting of the planning permission and listed building consent.
CUMBRIA COUNTY COUNCIL HISTORIC ENVIRONMENT OFFICER: An archaeological building recording programme should be undertaken in advance of development.
47 NATURAL ENGLAND: Object. There is insufficient information accompanying the application to indicate the potential impact of the development on bats and barn owls. Further bat and barn owl survey work and mitigation should be commissioned.
HISTORICAL CONTEXT: An application was submitted last year for the conversion of the barn into six holiday units. It was withdrawn before being considered by the Planning Committee.
DESCRIPTION AND PROPOSAL: Spout House, which is no longer a working farm, stands in a prominent position alongside the A65 in the hamlet of Nook. Both the former farmhouse and the barn that is the subject of the current applications are Grade II listed buildings. The barn dates from the early 19th century; the farmhouse is probably late 18th century. The barn stands on the opposite side of farmyard to the former farmhouse and is to be converted into a four-bedroom dwelling, a two-bedroom holiday unit and a business unit.
POLICY ISSUES: In July last year Full Council reinstated the application of Local Plan Policy H12 relating to the residential conversion of buildings outside development boundaries. The reinstatement of Policy H12 was on the basis that 50% of the dwellings provided were to be affordable and 50% were to be subject to a restricted local occupancy. In July of this year, Full Council approved the proposed Core Strategy of the Local Development Framework which, once adopted, will replace a number of saved Structure Plan and Local Plan policies and will become the primary local document in future development control decisions. Based on current timescales, the emerging Core Strategy should be examined and adopted by the middle of next year. In the meantime, saved Local Plan Policy H12 continues to be applied in rural areas in respect of groups containing a dwelling but, in acknowledgement of the provisions of the emerging Core Strategy, the concept of the restricted, parish-based local occupancy and the 50% affordable ratio are no longer a part of the application of Policy H12. Instead, the emerging Core Strategy requires, in conversion schemes of three or more units, a mix of one-third affordable, one-third District-wide local occupancy and one-third open market. The local occupancy is more widely defined than before and includes the administrative areas of South Lakeland and Barrow in Furness, the northern part of the area administered by Lancaster City Council and the Parish Councils of Shap, Orton, Tebay, Thornton in Lonsdale, Burton in Lonsdale and Ingleton (the District-wide definition of local occupancy). A conversion into a single dwelling is subject to District-wide local occupancy. The remaining requirements of Policy H12 which are of particular relevance to the barn at Spout House are: (1) that the building is structurally sound and capable of conversion without substantial modifications to or reconstruction of the existing structure; (2) that the number of dwellings proposed is appropriate to the surroundings;
(3) that the conversion ensures that nature conservation interests are fully considered and accommodated. In this respect, Policies H12 and C10 are compatible. The latter states that development proposals which may have an adverse effect on protected species will only be permitted where harm to the species, or its habitat, can be avoided; and (4) that the access is adequate.
48
Policies C13 and C15 protect listed buildings and their settings from harmful forms of development, inappropriate changes of use and inappropriate alterations. Local Plan Policies E7 and E8 state, respectively that favourable consideration will be given to employment-related use in rural areas and to the conversion of buildings for employment uses, subject to certain, defined criteria being met. Policy T4 of the Local Plan permits the conversion of traditional rural buildings and barns to self-catering holiday accommodation provided defined criteria are satisfied.
HUMAN RIGHTS ACT: The provisions of the Act are relevant in so far as they relate to the right to respect for private and family life and the peaceful enjoyment of property.
ASSESSMENT: The conversion into a dwelling, a holiday unit and a business unit is appropriate in policy terms. Both planning permission and listed building consent can be granted provided that certain aspects of the conversion and the treatment of the ground outside the building are changed along the lines recommended by the Conservation Officer. Certain details of the elevational treatment of this listed building need to be changed and justification is required for the removal of all of the internal masonry dividing walls and all of the structural ceiling beams and floors. These elements of the building should be retained unless they are structurally incapable of retention. A further criticism of the submitted scheme is the lack of detail contained in the structural survey. A detailed report is essential as a visual inspection reveals a number of areas where the roof is fragile and localised areas of walling are vulnerable. The submitted survey is inadequate and neither planning permission nor listed building consent can be granted on this basis. The final criticism concerns the treatment of the proposed curtilage to the south east of the building which will be visible from the A65. The dominance in the scheme to facilitate the movement of vehicles is undesirable as is the sub-division into three gardens and the use of post-and-rail fencing. As proposed, the treatment of this area of ground would be damaging to the characteristic setting of the listed building. The proposals for the former farmyard between the barn and Spout House are more promising but are lacking in detail. As required by Natural England, further bat and barn owl survey work and mitigation of the development site has been requested from the applicant. It is essential that the impact of the conversion on protected species be properly assessed. The proposed use is compatible with the objectives of current and emerging policy and both planning permission and listed building consent can be granted provided that the alterations to the building are amended along the lines recommended to the architect, the treatment of the curtilage is changed so that it is less damaging to the setting of the building and that additional work is undertaken to ensure that bats and barn owls are protected. Conditions relating to local occupancy, holiday occupation and the use of the business unit will need to be attached.
RECOMMENDATION: The Corporate Director (Communities) to report on the success, or otherwise, of negotiations and on the submission of further survey work in respect of bats and barn owls.
49 SCHEDULE F
Straightforward Planning Applications SCHEDULE No: 9
SL/2009/0903 MIDDLETON: BARN ADJACENT TO HIGH FELLSIDE, MIDDLETON
PROPOSAL: CONVERSION OF BARN TO FORM SINGLE DWELLING INCLUDING INSTALLATION OF SEPTIC TANK
MS LIZZY HARRISON-BECK 26/11/09 E363603 N488903
SUMMARY: Although the barn occupies a remote and elevated site above the Lune Valley it is adjacent to a dwellinghouse and its residential conversion is compatible with Local Plan Policy H12 as it is currently applied. Grant.
MIDDLETON PARISH COUNCIL: Comments to be received by 11 November.
CUMBRIA HIGHWAYS: No objections.
NATURAL ENGLAND: The mitigation strategy relating to bats and contained in the Bat and Barn Owl Survey submitted with the application should be made a condition of planning permission.
CUMBRIA COUNTY COUNCIL HISTORIC ENVIRONMENT OFFICER: The barn dates to at least the mid-19th century and a recording programme should be undertaken in advance of the conversion works commencing.
HISTORICAL CONTEXT: Planning permission for the conversion of this barn into holiday accommodation was granted in July 2007. This permission has not been acted upon. The adjacent former farmhouse has been demolished and a much more substantial dwelling built in its place following a planning permission granted in May 2006.
50 DESCRIPTION AND PROPOSAL: This traditional stone and slate barn stands adjacent to the newly built dwelling house on an elevated and remote site overlooking the Lune Valley. The barn is to be converted into a five-bedroom dwelling and the details of the conversion are the same as those granted permission in 2007 for the holiday unit. Structurally, the building is reasonably sound although there are localised areas that need to be taken down and rebuilt.
POLICY ISSUES: In July last year Full Council reinstated the application of Local Plan Policy H12 relating to the residential conversion of buildings outside development boundaries. The reinstatement of Policy H12 was on the basis that 50% of the dwellings provided were to be affordable and 50% were to be subject to a restricted local occupancy. In July of this year, Full Council approved the proposed Core Strategy of the Local Development Framework which, once adopted, will replace a number of saved Structure Plan and Local Plan policies and will become the primary local document in future development control decisions. Based on current timescales, the emerging Core Strategy should be examined and adopted by the middle of next year. In the meantime, saved Local Plan Policy H12 continues to be applied in rural areas in respect of groups containing a dwelling but, in acknowledgement of the provisions of the emerging Core Strategy, the concept of the restricted, parish-based local occupancy and the 50% affordable ratio are no longer a part of the application of Policy H12. Instead, a conversion into a single dwelling is subject to the District-wide local occupancy. The remaining requirements of Policy H12 which are of particular relevance to the barn at High Fellside are: (1) that the building is structurally sound and capable of conversion without substantial modifications to or reconstruction of the existing structure; (2) that the number of dwellings proposed is appropriate to the surroundings;
(3) that the conversion ensures that nature conservation interests are fully considered and accommodated. In this respect, Policies H12 and C10 are compatible. The latter states that development proposals which may have an adverse effect on protected species will only be permitted where harm to the species, or its habitat, can be avoided; and (4) that the access is adequate.
HUMAN RIGHTS ACT: The provisions of the Act are relevant in so far as they relate to the right to respect for private and family life and the peaceful enjoyment of property.
ASSESSMENT: The proposed conversion is compatible with the aims and objectives of Local Plan Policy H12 as it is currently being applied. The barn is of traditional construction and although occupying a remote elevated site it is adjacent to a dwelling house. Some areas of walling need to be taken down and rebuilt but overall the barn is in a reasonable structural condition. The access from the A863 is narrow, steep and twisting but it serves only High Fellside where it terminates. Beyond the application site a bridleway runs eastwards towards Dentdale.
51 RECOMMENDATION: GRANT subject to: 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 dwelling hereby permitted shall be occupied as the sole or main residence by an Approved Person. In this condition an “Approved Person” shall be deemed to be a person who has immediately prior to such occupation: (i) been continuously resident in the Locality for three years; or (ii) been permanently employed or has a firm permanent job offer in the Locality; or (iii) been employed in the Locality on a fixed term contract of no less then one year in duration or has a firm job offer in the Locality on a fixed term contract of no less then one year in duration; or (iv) is self employed in a viable business based in the Locality; or (v) has completed a post secondary education course within the past 3 years outside the administrative area of the Council (hereinafter referred to as “the District”) and prior to attending such course lived in the District for a period in excess of 3 years; or (vi) is currently in the Armed Forces, in prison, in hospital or similar accommodation outside the District and for whom such location is beyond their control, and immediately before moving to such accommodation lived in the District for a continuous period of at least 3 years; or (vii) needs to live in the District because he/she is ill and in need of support from a relative who lives within the District; or (viii) needs to live in the District in order to give support a relative who is ill and needs support and lives in the District; or (ix) has spent most of his/her life living in the District and left the District less than 10 years prior to his/her intended first occupation of the dwelling (for this purpose “most of his/her life” shall mean over half of his/her life up to the point that he/she left the District, or a continuous period of 20 years up to the point that he/she left the District); or (x) has spent at least 10 years of his/her school education living in the District but has left the District in excess of 10 years prior to his/her intended first occupation of the dwelling; or (xi) is the widow or widower of the previously Approved Person resident in the dwelling; or (xii) in the case of a civil partnership is the survivor of the previously Approved Person resident in the dwelling together with any person living in the dwelling as a member of his/her household.
52 In this condition, of “Locality” shall be deemed to comprise the following: (i) the District; and (ii) the administrative area of the Barrow in Furness Borough Council; and (iii) the administrative area of Shap Parish Council; and (iv) the administrative area of Shap Rural Parish Council; and (v) the administrative area of Orton and Tebay Parish Council; and (vi) the administrative area of Thornton-in-Lonsdale Parish Council; and (vii) the administrative area Burton-in-Lonsdale Parish Council; and (viii) the administrative area of Ingleton Parish Council; and (ix) the administrative areas of Lancaster City Council excluding the areas of the parishes of Overton, Cockerham, Thurnham, Ellel, and Over Wyresdale. Reason To ensure that the dwelling is compatible with current policy retaining to the residential conversion of rural buildings.
Condition (3) The amount of demolition and rebuilding shall be restricted to that illustrated on drawing No.KL2278/02 prepared by the Wright Design Partnership and deposited with the Local Planning Authority on 8 October 2009. A Method Statement which describes the manner in which the demolition and rebuilding is to be undertaken shall be submitted to and approved in writing by the Local Planning Authority before any building works are commenced. Development shall not be carried out except in accordance with the agreed Method Statement. Reason To ensure that the development is consistent with the aims and objectives of Policy T4 of the South Lakeland Local Plan.
Condition (4) The rebuilt stonework shall be undertaken using stone reclaimed from the building laid with its weathered face outwards. The method of laying, jointing and mortaring shall match the rest of the building. Reason To ensure an appropriate standard of stonework.
Condition (5) Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995 as amended, express planning permission shall be obtained for any development falling within Classes A or B of Part I, Schedule 2 of that Order. Reason To ensure that alterations or extensions permitted by the Town and Country Planning (General Permitted Development) Order 1995 do not detract from the appearance of the development.
Condition (6) Prior to the carrying out of any building or conversion works the building occupying the site shall be recorded in accordance with a Level 2 survey as described in the English Heritage document entitled "Understanding Historic Buildings: a Guide to Good Recording Practice 2006" and three copies of the survey shall be
53 deposited with the Local Planning Authority. Reason To ensure that a permanent record is made of the building, which is of architectural and historic interest, prior to its alteration.
Condition (7) The Mitigation Strategy and recommendations contained in the Bat and Barn Owl Survey prepared by Envirotech NW Limited, dated16 May 2007, shall be fully implemented during the course of the conversion works hereby permitted. Reason To ensure that the conversion is carried out in a manner which is compatible with the aims and objectives of Policy C10 of the South Lakeland Local Plan.
Condition (8) No development approved by this permission shall be commenced until a scheme for the disposal of foul drainage to the septic tank and soakaway has been submitted to and approved in writing by the Local Planning Authority. No part of the development shall be brought into use until such septic tank and soakaway has been constructed and completed in accordance with the approved plans. Reason To prevent pollution of water resources.
REASON FOR GRANTING PLANNING PERMISSION The conversion is consistent with the aims and objectives of Policy H12 of the South Lakeland Local Plan.
54 SCHEDULE F
Straightforward Planning Applications SCHEDULE No: 10
SL/2009/0913 LUPTON: LUPTON VILLA
PROPOSAL: VARIATION OF CONDITION NO. 1 ON PLANNING PERMISSION SL/2006/0508
MR SIMON NUTTER
26/11/09 E355353.1 N481247.3
SUMMARY: In the interests of encouraging the completion of this building, albeit with a rendered finish rather than stone-facing, it is recommended that the condition in question be varied. Grant.
LUPTON PARISH COUNCIL: The Parish Council would like to show their support for this application going through. It would be nice for this project to finally be finished and it will blend into the surroundings much better as it will match all the surrounding houses which are rendered and pebble-dashed.
HISTORICAL CONTEXT: This partially completed building occupies a prominent roadside position and is intended to contain a three-car garage with a games / hobbies room above. It was originally granted planning permission in November 2003 subject to conditions requiring a slate roof and the rear wall (facing the A65) and the two side walls to be faced with stone. A second application was submitted in 2006 which proposed that the building be completed with just one of the gable elevations being faced with stone. The Planning Committee, at the meeting in April 2006, refused planning permission for the following reason: The application of an external rendered finish to the rear (northern) elevation and the side (south eastern) elevation would result in a building of a utilitarian appearance when compared to a building faced with natural stone. The stone-facing of the rear wall and the two gable elevations of this substantial building would lessen its apparent bulk and would aid its assimilation into the local scene. As proposed by this revised submission the building would not be compatible with the aims and objectives of Policy S2 of the South Lakeland Local Plan. This was followed later the same year by an application to complete the building with stone- facing to the gable ends and the rear, roadside elevations. A condition was attached to the
55 planning permission requiring the three elevations in question to be faced with natural stone.
DESCRIPTION AND PROPOSAL: The building is a substantial structure which occupies a prominent position in the garden of Lupton Villa and is plainly visible from the A65. Its ground floor area measures 13 metres by 7 metres and the ridge of the asymmetrical slated roof is six metres in height. The blockwork walls have been constructed but none of the stone-facing has been applied. This current application proposes that the condition be varied that requires the rear and gable elevations to be faced with stone. Instead, it is proposed that the building be completed with a rendered finish on all elevations.
POLICY ISSUES: Policy S2 of the Local Plan requires development proposals to take into account the South Lakeland Design Code. Paragraph 8.19 of the explanatory text to Policy S2 states that “Quality in design depends in large measure on the use of appropriate materials and craftsmanship. Good quality local materials will generally be most appropriate and may be required in Conservation Areas and listed buildings. Elsewhere the District Council may accept appropriate alternatives.”
ASSESSMENT: Because of the size and prominent siting of this building it was considered that the application of stone-facing would lessen its apparent build, would aid its assimilation into the local scene and would be less utilitarian than a building finished with an external render. The applicant’s planning consultant has, however, advised that there are constructional difficulties in applying facing stone to this building. The foundation has not been made wide enough to take a facing of stones; the eaves have not been projected outwards and cannot accommodate a facing layer; the quoins have not been built in the manner; the double window opening in the south west gable does not have a wide enough gap between the two openings; and the lintels will have to be repositioned. These constructional difficulties do not arise with the application of a rendered finish. In addition, attention is drawn to the fact that many of the nearby buildings are rendered or part-rendered, including Lupton Villa which has rendered gables. Secondly, attention is drawn to the recently rebuilt stone boundary wall which is now higher than the original and has the effect of reducing the apparent bulk of the building in question. Clearly, an impasse has been reached and work on the building has not progressed for some considerable time. In its present unfinished state, it detracts from the appearance of the locality and a pragmatic approach would be to permit the building to be completed with a rendered finish. Whilst less attractive than natural stone, rendered walls are commonly found throughout the District and it is evident that the building could remain unfinished if this current proposal is resisted. Members may, however, prefer a more muted colour than brilliant white.
RECOMMENDATION: GRANT subject to the following condition: Condition (1) The colour of the render to be applied shall be agreed in writing by the Local Planning Authority before the rendered finish is applied to the building. Reason To ensure an appropriate colour of render.
56
REASON FOR GRANTING PLANNING PERMISSION: The application of an external render to the building is consistent with the aims and objectives of Policy S2 of the South Lakeland Local Plan.
57 SCHEDULE F
Straightforward Planning Applications
SCHEDULE No: 11
SL/2009/0933 KIRKBY LONSDALE: 27 MITCHELGATE
PROPOSAL: RENEWAL OF PLANNING PERMISSION SL/2006/1134 (DEMOLITION OF OUTBUILDINGS, EXTENSION AND RAISED PATIO AREA)
MR GEOFF CROSSLEY 26/11/09 E360966.4 N478714.5
SUMMARY: Application to extend the time limit for the implementation of a planning application for a domestic extension granted planning permission in 2006. Concerns over the over-bearing nature of the development, particularly in respect of the adjoining house to the west, were considered by members of the Planning Committee at the time. Circumstances since the original application was approved have not changed. GRANT
KIRKBY LONSDALE TOWN COUNCIL: Council’s original objection to this proposal is to be reiterated.
OTHER: One letter of objection has been received raising the following concerns: • light into the adjoining property (23 Mitchelgate) will be severely diminished;
• the extension will exacerbate the diminution of light caused by the raising of the main roof of the property; • sunlight into the adjoining garden will be affected;
• inaccuracies in the plans in relation to the boundary wall.
HISTORICAL CONTEXT: Planning permission for these proposals were approved on 15 January 2007 under planning permission reference SL/2006/1134 following consideration at Planning Committee. An earlier application for a two-storey extension was withdrawn before a decision was made. The planning permission expires in January 2010, and this application seeks to extend the
58 life of the planning permission so that work can commence after that date.
DESCRIPTION AND PROPOSAL: The property, a small terraced house, is located on the northern side of Mitchelgate. At the rear, beyond the small, level yard is a substantial garden which descends steeply to Lower Abbotsgate. An outbuilding which occupies part of the yard is to be demolished. A single-storey kitchen and dining room extension is to be erected which will be fronted by an outdoor patio overlooking the garden. Because of the steepness of the ground a bedroom is to be constructed beneath the patio. The extension will fill the entire width of the yard and, overall, will project 10 metres from the rear wall of the house. The roofs over the kitchen and dining room are to be slated and the walls are to be finished with a mix of stone and render. The property is not listed but is within the Kirkby Lonsdale Conservation Area.
POLICY ISSUES: The Authority has adopted guidelines on extensions. Policy S2 of the South Lakeland Local Plan sets out the South Lakeland Design Code and requires development applications to take proper account of its principles. It is relevant to consider the effect of the extensions on the residential enjoyment of neighbouring properties. The protection of residential amenity is a recognised material consideration in deciding whether planning permission should be granted. Policy C16 of the Local Plan reflects the statutory duty of the local planning authority to have special regard to the desirability of preserving or enhancing the character of a Conservation Area.
HUMAN RIGHTS ACT: The provisions of the Act are relevant in so far as they relate to the right to respect for private and family life and the peaceful enjoyment of property.
ASSESSMENT: Two main issues were raised by the original application. Firstly, whether the extension would be acceptable in terms of design, appearance and materials and, secondly, whether, if built, it would cause significant harm to the living conditions enjoyed by the occupiers of adjoining houses. In respect of the first issue the extension follows a design which is contemporary but which complements the architectural character of the locality. The roofing and external walling materials are appropriate for the Kirkby Lonsdale Conservation Area. The physical impact of the extension on the house to the east (No. 23) is limited because the rear wall of No. 23 projects 1.5 metres beyond the rear wall of No. 27 and because the outbuilding is located on this side of the yard. In addition, the eaves height of the extension is at the same height as the wall which separates the two garden areas. There will be the potential for overlooking from the patio but this will be no greater than between two gardens. The effect of the extension on the adjoining house to the west is more problematic. This property is already over-shadowed by an outbuilding which encloses the small yard on its northern and western sides and by a 1.8 metre high fence on its eastern side. The kitchen extension behind No. 27 will enclose the fourth, eastern side of the yard more substantially than the existing boundary fence. It is inevitable, therefore, that the kitchen extension will exacerbate the over-bearing effect on the rear of this property to a degree which may not be acceptable.
59 The Planning Committee considering the application was advised that despite the imaginative design of the extension, an extension of the scale proposed should be resisted. Nevertheless Planning Committee determined to approve the application. Given that nothing in the locality has altered which would have any bearing on the application there is no reason why is should now be refused. This application is purely to allow work to commence after 16 January 2010.
RECOMMENDATION: The application be GRANTED subject to conditions attached to the original application relating to the following:
(1) Standard time limit (2) Amended plan (3) Materials
REASON FOR GRANTING PLANNING PERMISSION: The extension is consistent with the aims and objectives of Policy C16 of the South Lakeland Local Plan.
60 SOUTH LAKELAND DISTRICT COUNCIL
Planning Committee
Date of Meeting: 26 November 2009 Part I Report From: Corporate Director (Communities) Agenda 7 Report Author: Mark Balderson Item No: Planning Enforcement Officer Report Title: A Report on Enforcement Activity from 7 September to 2 October 2009
Summary To inform Members about enforcement activity between 7 September and 2 October 2009. This report aims to provide a brief and informative insight into current enforcement cases. If there are any specific enforcement cases that Members would like to be updated on at the next Planning Committee meeting, please contact Mark Balderson, Enforcement Officer.
Recommendations That Members note this report. Report:
1. Enforcement Cases which have been resolved 22 outstanding cases from the enforcement caseload have been resolved between 7 September and 2 October 2009.
2. New Enforcement Cases Between 7 September and 2 October 2009, 34 complaints have been recorded and are presently being investigated. 17 of these cases have been resolved.
3. Enforcement Cases for which Committee consideration is sought 09.354 Highfield, Ackenthwaite, Milnthorpe The authority received a complaint regarding the above recently built dwellinghouse. Members may recall granting planning permission at Committee on the 28/3/06 for a replacement dwelling. Planning Permission (SL/2005/1435) was granted with conditions attached. The complainant brought to our attention that the finished build deviated from the approved plan, namely; one additional roof light, the none use of conservation velux roof lights, straight door / window lintels instead of curved, glass panels in doors instead of solid wood and larger window in west elevation. The dwelling is situated in an elevated isolated position with distant limited views from the public highway. Members are requested to consider the expediency of taking enforcement action.
61 4. An update on Enforcement Cases involving formal action An update on those cases involving formal enforcement action is attached as Appendix A for Members’ information. Enforcement reference 09.018 land opposite Burlington quarry, Baycliff Further to the last Planning Committee on the 29 October, Members attached a condition to planning permission SL/2009/0623 requiring the removal of an unauthorised agricultural building on Limestone Pavement Order land to the East of Burlington quarry, Baycliff. The enforcement team are pleased to report that the building and associated works have now been removed. Members also requested the enforcement team look at land on the other side of A5087 with regards to taking untidy land action. Unfortunately, in this instance we are unable to take any action as the equipment is all used in connection with agricultural activity with regards to the holding.
Alternative Options Not Applicable.
Material Considerations Finance The recommendations in this report do not have any cost implications. Risk Risk Consequence Controls required The failure to have an Result in inappropriate forms of To maintain sufficient effective planning development which would have resources in planning enforcement system. an adverse impact on the enforcement and prioritise and character and appearance of the co-ordinate the investigation of District’s rural landscape. breaches of planning control.
Staffing The recommendations in this report do not have any staffing implications.
Sustainability This report does not have any registered significant environmental effects.
Links to the Corporate Plan The control of development is a significant factor in achieving a “High Quality Environment” under Section 3.4 of the Corporate Plan.
Links to other Strategic Plan This report has no links to the Strategic Plan.
Equalities and Diversity Not applicable.
Date: 18/11/2009 Version No: Amended by: 2 62 Community Safety The recommendations in this report do not have any community safety implications.
Background Documents Document: Various planning and Contact: Mark Balderson, Planning Enforcement Officer; or enforcement files Simon Fawcett, Enforcement Assistant
Date: 18/11/2009 Version No: Amended by: 3 63
64 APPENDIX A Committee: Planning Date of Meeting: 26 November 2009 Report Title: Planning Enforcement Progress Report: 7 September to 2 October 2009
REF NO. PARISH SITE ADDRESS BREACH/CONTRAVENTION PROGRESS 06/068 ALDINGHAM Low Sunbrick Farm, Aldingham Installation of uPVC windows Members recently reconfirmed in Listed Building enforcement action. Advice being sought from Conservation Officer. 09/018 ALDINGHAM Land opposite Burlington Quarry, Erection of one large The unauthorised building has been Baycliff agricultural building removed. Case to be closed. 09/093 ALDINGHAM Goadsbarrow Cottage, Goadsbarrow Material change of use - Enforcement Notice issued residential to Yoga centre 1 July 2009. An appeal has been received. Written representation. Awaiting determination. 09/269 ARNSIDE Far Hollins Farm Change of use to campsite Enforcement Notice drafted, with Legal Services for formal service. 09/029 BEETHAM Land at Ellers Farm, Farleton Erection of floodlighting to Planning Application to retain flood horse exercise area lights has been refused. The decision has been appealed. 05/060 GRANGE over SANDS Blawith Lodge, Windermere Road, Replacement windows Discussions ongoing with new Grange over Sands owner. Works are underway. Monitoring site. 06/232 GRANGE over SANDS Underwood, Fernhill Road Erection of large decking Enforcement Notice drafted, with structure Legal Services for formal service.
The owner has called to say the decking has been removed. Site visit confirms the deck part has been removed but not the sub-structure.
65 REF NO. PARISH SITE ADDRESS BREACH/CONTRAVENTION PROGRESS 07/283 GRANGE over SANDS 2 Methven Terrace Extension not built as per plan Enforcement Notice at draft stage. and breach of conditions The owner has informed that they intend to remove the additional extension and submit a planning application for other alterations. 05/232 HELSINGTON Low Chambers Tenement, Brigsteer Siting of static caravan Progress being made, caravan to be scrapped. Monitoring. 07/156 KENDAL Bridge View, Burton Road, Kendal Creation of extra dwelling unit Appeal to Planning Application has been dismissed. Second dwelling not currently used. Monitoring. 08/134 KENDAL 57 Burton Road, Kendal Unauthorised development - Planning Permission refused. construction of 3 metre wall Enforcement Notice not complied adjacent highway with. Appeal now lodged against refusal of planning permission. 08/144 KENDAL Beech Hill Hotel, Unauthorised uPVC windows Enforcement Notice served. 40 Greenside Kendal in Conservation Area Compliance under negotiation. An extension of 12 month to the Notice compliance period has been granted. 08/210 KENDAL Cash in a Dash, Advertisement harmful to No valid appeal has been made to 177 Highgate, Kendal Conservation Area the notice, instructed Legal Services to proceed with prosecution. 06/329 KIRKBY IRELETH Land adjacent Bell Hall Farm, Storage of agricultural Monitoring conditions with regards to Head Cragg, Kirkby in Furness machinery and vehicles within storage and landscaping.
field 05/200 KIRKBY LONSDALE Dalecrest Travel, Market Street Installation of uPVC windows In negotiations with Dalecrest to in listed building reach an agreeable solution.
Date: 18/11/2009 Version No: Amended by: 5 66 REF NO. PARISH SITE ADDRESS BREACH/CONTRAVENTION PROGRESS 08/328 KIRKBY LONSDALE Unit 7, Unauthorised retail use Enforcement Notice issued Kirkby Lonsdale Business Park 01 July 2009 effective 13 August 2009 compliance date 12 June 2010. 09/232 LEVENS The Beeches, A591 Material changes of use, Enforcement Notice drafted and with dividing of one dwelling to two Legal Services for formal service. 07/025 LOWER ALLITHWAITE Priory Close, Cartmel Internal alteration to Listed Prosecution stayed. Company gone Building bankrupt. Owners have said they will do the works. Monitoring. Schedule of mitigating works under discussion. 09/211 MILNTHORPE Land to rear of 23 Church Street Material change of use. Enforcement Notice drafted and with Creation of access route Legal Services for formal service. 04/263 PENNINGTON Whinfield Works, Whinfield Ground, Use of site for the storing of Pursuing enforcement action. Lindal in Furness scrap cars Discussions ongoing with owners to find a solution. 08/345 SKELSMERGH Holme House, Garth Row Lane, Unauthorised development Enforcement Notice served Kendal involving the construction of 29 May 2009. Appeal made, Public caravan / chalet structures and Inquiry scheduled for February 2010. business uses. 08/090 URSWICK Beckside Holdings, Unauthorised use of Boat removed still pursuing formal between Scales and Stainton agricultural land. enforcement action to remove unauthorised buildings and caravan. 09/080 URSWICK Dalegarth, Mascalles, Unauthorised use of land. Site cleared. Monitoring compliance. Little Urswick. Activity associated with garden centre business.
Date: 18/11/2009 Version No: Amended by: 6 67
68 SOUTH LAKELAND DISTRICT COUNCIL
Planning Committee
Date of Meeting: 26 November 2009 Part I Report From: Corporate Director (Communities) Agenda 8 Report Author: Andrew Roe Item No: Development Control Manager Report Title: Appeals update at 16 November 2009
Summary To provide Members with information about the receipt and determination of planning appeals. • Appendix A – New appeals and appeal decisions between 20 October and 16 November 2009. • Appendix B – Current appeals still outstanding. • Appendix C – Appeals determined during 2009.
Recommendations That Members note this report. Report See attached Appendices A, B and C. Alternative Options Not applicable. Material Considerations: Finance The recommendations in this report do not have any staffing implications. Risk There are no identified risks raised by this report. Staffing The recommendations in this report do not have any staffing implications. Sustainability This report does not have any registered significant environmental effects. Links to Corporate Plan This report links to the aim of providing a “High Quality Environment” under Section 3.4 of the Corporate Plan. Links to Strategic Plan This report has no links to the Strategic Plan.
69 Equalities and Diversity The Draft Statement of Community Involvement takes account of the equalities issues in seeking to define South Lakeland’s community and interests relevant to the Local Development Framework which will influence the determination of individual planning applications. Community Safety The recommendations in this report do not have any community safety implications.
Background Documents Document: Various planning files Contact: Lawrence Conway Corporate Director (Communities)
70 APPENDIX A
Committee: Planning Date of Meeting: 26 November 2009 Report Title: Appeals update at 16 November 2009
NEW APPEALS AND APPEAL DECISIONS BETWEEN 20 OCTOBER and 16 NOVEMBER 09
NUMBER LOCATION PROPOSAL
Lodged
SL/2009/0631 KENDAL: 12 Birkbeck Close Front extension
Delegated: Refuse
SL/2009/0643 KENDAL: 2 Kent Park Avenue Single-storey extension
Delegated: Refuse
SL/2009/0826 BEETHAM: Kingfisher House, Removal of condition 2 (local Sandside, Milnthorpe occupancy) on planning permission SL/2008/1007
Delegated: Refuse
SL/2009/0255 KENDAL: 57 Burton Road Erection of garden wall (retrospective) Delegated: Refuse
71
72
APPENDIX B
Committee: Planning Date of Meeting: 26 November 2009 Report Title: Appeals update 16 November 2009
CURRENT APPEALS STILL OUTSTANDING Planning Local Planning Planning Inspectorate Appeal Reference Site Description Appellant Authority Reference start decision and date date Type of Appeal
SL/2008/0900 PRESTON Erection of 3 wind turbines Sillfield Wind Cluster Appeal against APP/MO933/A/09/2099304/NWF 12/03/09 PATRICK: and associated Limited non-determination (Full Planning Public Inquiry infrastructure Application) Land at Sillfield (13 - 22 October 2009) Gatebeck
SL/2008/1219 KENDAL: Redevelopment of site to Morbaine Ltd Refused: APP/M0933/A/09/2101381/NWF 9/04/09 form retail development with 26/03/09 (Outline Kendal Rugby Public Inquiry associated car parking and Planning Union Football Club Committee: (16 – 18 September 2009) servicing facilities Application) Shap Road 26/03/09
Officer recommendation Refuse SL/2009/0080 MILNTHORPE: Detached double garage Mr David Parsons Refused APP/M0933/A/09/2113802/WF 6/10/09 with log/coal store 12/06/09 (Full Planning Highfield (Written Reps) Application) Ackenthwaite Committee 11/06/09 Officer recommendation: Refuse
73 SL/2009/0226 KIRKBY Change of Use to retail Adam Houghton Refused: 6/05/09 APP/MO933/A/09/2111614 28/08/09 LONSDALE: sales (Retrospective) (Houghton (Full Planning Committee: Equestrian) Application - Unit 7 Kirkby 30/04/09 Retrospective) Lonsdale Business Officer Park recommendation: Kendal Road Director to Report SL/2009/0255 KENDAL: Erection of garden wall Mr R Greenhow Refused: 11/05/09 APP/M0933/A/09/2116706/NWF 16/11/09 (Retrospective) (Full Planning 57 Burton Road Delegated Application - Retrospective)
SL/2009/0360 BEETHAM: Erection of floodlights for Richard George Refused: 3/6/09 APP/M0933/A/09/2114874/NWF 19/10/09 horse exercise area Robinson (Full Planning Ellers Farm Delegated (Written Reps) (Retrospective) Application - Farleton Retrospective)
SL/2009/0631 KENDAL: Front extension Mr & Mrs I Voortman Refused: 10/9/09 APP/M0933/D/09/2115576 2/11/09 (Full Planning 12 Birkbeck Close Delegated (Electronic – householder) Application)
SL/2009/0643 KENDAL: Single-storey extension Mr & Mrs K and S Refused: 15/9/09 APP/M0933/D/09/2115940 05/11/09 Dent-Wilson (Full Planning 2 Kent Park Avenue Delegated (Electronic – householder) Application) SL/2009/0681 SKELSMERGH: Appeal against Enforcement Edward Steele Enforcement APP/M0933/C/09/2108315 21/07/09 Notice issued re: Change of (Enforcement) Holme House Farm Public Inquiry Use of land to a mixed use; (2 - 4 February 2010) commercial business, tipping of waste, conversion of farmhouse to two dwellings, siting of residential caravans / chalet- cabins, erection of agricultural buildings and erection and siting of storage units.
74 SL/2009/0684 ALDINGHAM: Appeal against Enforcement Atasha Jacobs and Enforcement APP/M0933/C/09/2109463 30/07/09 Notice served re: use of the Neil Pendlebury (Enforcement) Goadsbarrow Farm dwelling as a yoga and Cottage meditation centre. Meadow View Goadsbarrow SL/2009/0826 BEETHAM: Removal of condition 2 Mr W Cuthbertson Refused: 27/10/09 APP/M0933/A/09/2116019/NWF 5/11/09 (Local Occupancy) on (Full Planning Kingfisher House Delegated (Written Reps) planning permission Application) Sandside SL/2008/1007 Milnthorpe
75
76 APPENDIX C Committee: Planning Date of Meeting: 26 November 2009 Report Title: Appeals update at 16 November 2009
APPEALS DETERMINED DURING 2009 Planning Index Planning Inspectorate Site Officers Decision of Reference Appeal reference Description recommendation Planning No. (decision made by Inspectorate Start date Committee or under delegated powers) SL/2008/0232 09/01 APP/M0933/A/08/2079913/WF KENDAL: New single dwelling Refused: 17/04/08 DISMISSED house with adjacent 9/07/08 (Written Reps) Land off Back Lane 13 Jan 09 car parking space Committee: 17/04/08 Kendal and parking space for 18 Castle Crescent Officer recommendation: Refuse SL/2008/0793 09/02 APP/M0933/C/08/2081277/WF PENNINGTON: Appeal against Enforcement Notice DISMISSED Enforcement Notice - issued 18/08/08 (Written Reps) Unit 1 27 Feb 09 time given to comply Green Moor Farm (
Pennington with Notice is too short – 2 months) SL/2008/0960 09/03 APP/M0933/A/08/2084849 KIRKBY IRELETH: Appeal against Enforcement Notice ALLOWED APP/M0933/C/08/2084850 Enforcement Notice issued CONDITIONALLY – 15/09/08 Bell Hall Farm re Change of Use of ENFORCEMENT (Hearing) Head Cragg agricultural land to NOTICE QUASHED- Kirkby in Furness allow the storage and PLANNING hiring out of PERMISSION agricultural GRANTED equipment 23 March 09
77 SL/2007/1424 09/04 APP/M0933/A/08/2080995/NWF PENNINGTON: Use of unit as vehicle Refused: 14/02/08 DISMISSED repair workshop 22/07/08 (Written Reps) Unit 1 Committee: 14/02/08 27 Feb 09 (Renewal Green Moor Farm SL/2006/1221) Officer Pennington recommendation: Refuse SL/2008/0254 09/05 APP/MO933/A/08/2092313/WF NEW HUTTON: Conversion of Refused: 11/06/08 DISMISSED outbuilding to 16/12/08 Written Reps Birks Farmhouse 6 March 09 dwelling Delegated SL/2008/0781 09/06 APP/M0933/A/09/2094501/NWF KIRKBY LONSDALE: Golf driving range Refused: 26/09/08 ALLOWED CONDITIONALLY 2/01/09 Written Reps Land to south of Committee: 25/09/08 Scaleber Lane 20 May 09 Officer recommendation: Refuse SL/2008/0883 09/07 APP/M0933/A/09/2094501/NWF KENDAL: Change of Use from Refused: 9/10/08 DISMISSED office to flat 19/01/09 Written Reps Bridge View 19 May 09 (retrospective) Burton Road Delegated Oxenholme SL/2008/1027 09/08 APP/M0933/A/09/2097145/WF BARBON: Extensions Refused: 22/12/08 DISMISSED 9/02/09 Written Reps Parsons Hill Committee: 18/12/08 1 June 09 Barbon Officer recommendation: Director to Report SL/2008/1092 09/09 APP/MO933/A/09/2097971/WF KENDAL: Detached dwelling Refused: 14/01/09 and garage DISMISSED 20/02/09 Written Reps Land at Brigsteer Road to rear of Elmhurst Delegated 2 June 09
78 SL/2009/0055 09/10 APP/M0933/C/09/2093773 KENDAL: Appeal against Enforcement Notice Enforcement Notice issued DISMISSED 19/01/09 Written Reps Skewmount re: erection of a High Tenterfell timber deck with 8 June 09
surrounding balustrade and enclosed storage area SL/2006/0299 09/11 APP/MO933/C/09/2096118 LOWER Construction of two Enforcement Notice ALLITHWAITE: timber framed issued on 16/12/08 ALLOWED 13/02/09 Written Reps buildings with raised CONDITIONALLY Blenkett Wood Farm concrete bases and Jack Hill 1 July 09 slate roofs APPLICATION FOR COSTS DISMISSED
SL/2007/0530 09/12 APP/M0933/F/07/2040739 CARTMEL: Replacement Appeal against windows in Listed enforcement action WITHDRAWN 19/04/07 Written Reps Site at The Square Building 4 May 07 SL/2008/0318 09/13 APP/MO933/A/08/2090274/NWF OLD HUTTON: Erection of 6 wind Refused: 10/11/08 turbines, control ALLOWED 17/12/08 Public Inquiry – Land to east of Committee: 30/10/08 room, anemometer CONDITIONALLY 28 April to 6 May 2009 Crosslands Farm mast and associated Officer access tracks recommendation: 22 July 09 Gracon -overturned at Planning Comm
SL/2009/0301 09/14 APP/0933/D/09/2108931 KENDAL: Alteration to provide Refused: 3/06/09 French windows and DISMISSED 24/07/09 Written Reps 2 Helsfell Hall access deck to upper Windermere Road Delegated garden level 11 Aug 2009 Kendal
79 SL/2008/1036 09/15 APP/M0933/A/09/2105622/NWF STRICKLAND KETEL: Use of self catering Refused: 27/11/08 holiday DISMISSED 3/06/09 Site at Hideaway Committee: 27/11/ 08 accommodation as a Plantation Bridge dwelling Officer 3 Sept 09 recommendation: Refuse SL/2009/0443 09/16 APP/MO933/A/09/2111752/WF MILNTHORPE: Detached dwelling Granted conditionally (Amended scheme) 6/07/09 WITHDRAWN 2/09/09 18 Harmony Hill
Appeal against 11 Sept 09 condition No 2 (Local Delegated Occupancy) SL/2008/1216 09/17 APP/M0933/A/09/2104180/WF ULVERSTON: Two dwellings, car Refused: 3/02/09 parking and DISMISSED 14/05/09 Land at High Barn installation of septic Farm tank (SL/2007/1352) Delegated 10 Sept 09 Pennington Lane SL/2009/0163 09/18 APP/M0933/A/09/2106666/NWF KENDAL: Stable block including Refused: 24/04/09 tack and feed store DISMISSED (18/06/09) (Written Reps) Land at High Park Paddock Delegated 22 Sept 09 High Park Oxenholme SL/2009/0270 09/19 APP/M0933/A/09/2106219/NWF GRANGE OVER Retention of 2 static Refused: 15/05/09 SANDS: caravan pitches DISMISSED (10/06/09) (Written Reps) Low Fellgate Park Delegated 29 Sept 09 Caravan Park Cartmel Road Grange over Sands SL/2008/1127 09/20 APP/M0933/A/09/2109020/NWF CASTERTON: Erection of Refused: 29/01/09 Agricultural Building ALLOWED (24/07/09) (Written Reps) Braeslacks Farm Committee: 27/01/09 CONDITIONALLY
Officer 1 Oct 09 recommendation: Director to Report
80 SOUTH LAKELAND DISTRICT COUNCIL
Planning Committee
Date of Meeting: 26 November 2009 Part I Report From: Strategic Director (Customer Services) Agenda 9 Report Author: Andrew Roe Item No: Development Control Manager Report Title: Applications considered previously by the Planning Committee and determined by the Corporate Director (Communities) between 20 October and 13 November 09
Summary To note the decisions made by the Corporate Director (Communities) as attached. Recommendations Note the Report. Report See attached print out. Alternative Options Not applicable. Material Considerations Finance The recommendations in this report do not have any cost implications. Risk There are no identified risks raised by this report. Staffing The recommendations in this report do not have any staffing implications. Sustainability This report does not have any registered significant environmental effects. Links to Corporate Plan This report links to the aim of providing a “High Quality Environment” under Section 3.4 of the Corporate Plan. Links to other Strategic Plans This report has no links to a Strategic Plan. Equalities and Diversity The Draft Statement of Community Involvement takes account of the equalities issues in seeking to define South Lakeland’s community and interests relevant to the Local Development Framework which will influence the determination of planning applications. Community Safety The recommendations in this report do not have any community safety implications.
81 Background Documents Document: various planning files Contact: Andrew Roe Development Control Manager
82 Applications dealt with by the Corporate Director (Communities) under delegated powers
Parish GRANGE OVER SANDS Application No Site Address Proposal Applicant Application Type SL/2009/0118 FORMER KENTS BANK HOTEL REMOVAL OF CONDITIONS 5, 6, 7, 8, 9 and 10 (RE: KENTSFORD LTD FULL PLANNING 96 KENTSFORD ROAD OCCUPANCY) ON PLANNING PERMISSION GRANGE over SANDS SL/2006/0637 LA11 7BB
Grant with Conditions Condition (1) The development hereby permitted shall be commenced before the expiration of THREE YEARS from the date hereof. Reason (1) 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 occupation of Unit 6 shall be limited to a person wholly or mainly employed at the bar/restaurant at the premises. Reason (2) Insufficient amenity would be available for occupation as a permanent dwelling due to the basement position below the bar/restaurant and to ensure that a domestic use will not interfere with the operation of the bar/restaurant. Condition (3) Unit 7 shall be limited to a person wholly or mainly employed at the bar/restaurant at the premises or used for let holiday accommodation and for no other purpose (including any other purpose in Class C of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification). Reason (3) Insufficient amenity would be available for occupation as a permanent dwelling due to the basement position below the bar/restaurant and to ensure that a domestic use will not interfere with the operation of the bar/restaurant. Condition (4) Unit 7 shall not be let to any person or connected group of persons, other than a person wholly or mainly employed at the premises for a period exceeding eight weeks in any one calendar year. Reason (4) Insufficient amenity would be available for occupation as a permanent dwelling due to the basement position below the bar/restaurant and to ensure that a domestic use will not interfere with the operation of the bar/restaurant. Condition (5) A bound register of all occupants of Unit 7 shall be maintained at all times and shall be made available for inspection by the Local Planning Authority on request. The register shall comprise consecutively numbered pages, which shall be kept in order, and each entry shall contain the name and address of the principal occupier together with the dates of occupation. Reason (5) Insufficient amenity would be available for occupation as a permanent dwelling due to the basement position below the bar/restaurant and to ensure that a domestic use will not interfere with the operation of the bar/restaurant. NOTE: This planning permission is subject to an Agreement made under Section 106 of the Town and Country Planning Act 1990.
REASON FOR GRANTING PLANNING PERMISSION The holiday units cannot be sustained and their loss is justified due to the need for housing in the district, the provision of an affordable unit off site would benefit housing provision. The retention of the basement units as accommodation for employees of the bar/restaurant or for tourists will ensure that the domestic use will not conflict with the commercial use above. The proposal will therefore comply with Policies L4 and L5 of the NW Regional Spatial Strategy and Policies H5 and H11 of the South Lakeland Local Plan. Parish KENDAL Application No Site Address Proposal Applicant Application Type SL/2008/0348 GILLINGGROVE WORKS ERECTION OF EIGHT DWELLINGS ACORN DEVELOPMENTS (KENDAL) FULL PLANNING ANCHORITE FIELDS LTD KENDAL LA9 5NG
Grant with Conditions
83 Condition (1) The development hereby permitted shall be commenced before the expiration of THREE YEARS from the date hereof. Reason (1) 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) This planning permission relates to the floor plans and elevations deposited with the Local Planning Authority on 20 May 2008 and the floor plans for Units 7 and 8 deposited with the Local Planning Authority on 31 March 2008. Reason (2) For the avoidance of doubt.
Condition (3) No development shall commence until details of the finished ground floor level of each building to be erected on the site related to a readily identifiable datum point has been submitted to and approved in writing by the Local Planning Authority. Reason (3) To ensure an appropriate form of development on the site.
Condition (4) Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995 as amended, (or any Order revoking and re-enacting that Order) express planning permission shall be obtained for any development falling within Classes A, B and E of Part I, Schedule 2 of that Order. Reason (4) To ensure that subsequent alterations or additions do not detract from the appearance of the development or from the living conditions enjoyed by neighbouring residents.
Condition (5) The roof shall be covered with slate being blue/grey in colour and of similar texture to those mined within the County of Cumbria a sample of which shall be submitted to and agreed in writing with the Local Planning Authority before any development work commences on site. Reason (5) To ensure the use of an appropriate roofing slate.
Condition (6) The external walls shall be completed with a finish of roughcast, being a finish in which the final coat contains a preparation of fairly coarse aggregate thrown on as a wet mix and left rough. Reason (6) To ensure an appropriate external wall finish.
Condition (7) The parking spaces illustrated on the approved plans shall be hard-surfaced and laid out before any of the dwellings hereby permitted are occupied. The surfacing material shall be agreed in writing by the Local Planning Authority before any building works are commenced. Reason (7) To ensure that off-street parking is provided.
Condition (8) Before any development works are commenced an investigation and risk assessment, completed in accordance with a scheme to assess the nature and extent of any contamination on the site, shall be submitted to and approved in writing by the Local Planning Authority. The report of the finding must include an assessment of the potential risks to human health, existing and proposed buildings, groundwaters and surface waters and must also include an appraisal of remedial options. The assessment shall be undertaken in accordance with the Department for Environment, Food & Rural Affairs (DEFRA) and the Environment Agency's "Model Procedures for the Management of Land Contamination, CLR11". Development shall not commence until the remediation measures approved by the Local Planning Authority have been implemented and a validation statement has been deposited with the Local Planning Authority. Reason (8) To ensure that risks from contamination to the future occupants of the development and neighbouring residents are kept to a minimum together with those to ground and surface waters and to ensure that site workers are not exposed to unacceptable risks from contamination during construction. Condition (9) No development works shall commence until a scheme for access to the watercourse to the north of the site to enable maintenance and improvement works to be undertaken has been submitted to and approved in writing by the Local Planning Authority. Development shall not proceed except in accordance with the approved scheme. Reason (9) The retention of an unobstructed area is an essential requirement for the future maintenance or improvement of the watercourse.
REASON FOR GRANTING PLANNING PERMISSION: The development is compatible with the aims and objectives of Policies H4 an C16 of the South Lakeland Local Plan.
NOTE: This planning permission is subject to an Agreement made under Section 106 of the Town and Country Planning Act 1990. SL/2009/0769 BOUNDARY BANK GENERAL INDUSTRIAL UNIT (REVISED MR E HOLMES FULL PLANNING BOUNDARY BANK LANE PROPOSALS FOR PLOT 4) KENDAL CUMBRIA LA9 5RR
Grant with Conditions
84 Condition (1) The development hereby permitted shall be commenced before the expiration of THREE YEARS from the date hereof. Reason (1) 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 finished floor level of the building hereby permitted and the finished floor level of the car park shall be in accordance with the details illustrated on drawing number 5041-02C. deposited with the Local Planning Authority on 14 September 2009. Reason (2) For the avoidance of doubt.
Condition (3) The roof sheeting, side cladding and gable cladding shall be dark green in colour conforming to British Standard colour no.12 B 29 or such other dark colour as may be agreed in writing by the Local Planning Authority. Reason (3) To ensure the use of appropriate roofing and cladding materials.
Condition (4) No building works shall commence until a scheme for the assessment and control of noise arising from the development including the dust extraction system has been submitted. The submitted scheme shall be in the form of a BS4142 noise assessment and shall include a noise report, background noise levels, the expected noise levels produced by the machinery and equipment to be installed and recommendations to mitigate against any nuisance. The development shall not proceed except in accordance with the approved scheme. Reason (4) To ensure that the development does not adversely affect the living conditions currently enjoyed by the occupiers of the residential property to the west.
Condition (5) No building works shall commence until a scheme for surface water drainage has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be installed in a fully operational manner before the building hereby permitted is first occupied and shall be maintained operational thereafter. Reason (5) To ensure the installation of an appropriate system of surface water drainage.
Condition (6) The boundary treatment shall be completed in accordance with the details illustrated on drawing no. BEJ-PL-01/REV.C deposited with the Local Planning Authority on 14 September 2009. Reason (6) To ensure that an appropriate means of boundary treatment is established.
Condition (7) The planting illustrated on the drawing numbered BEJ-PL-01/REV.C shall be fully implemented within six months of the date of the building hereby permitted being first occupied. Any trees or shrubs which are removed, die, become severely damaged or diseased within five years of their planting season shall be replaced with trees and shrubs of similar size and species to those originally planted. Reason (7) To ensure that the planting scheme is implemented.
Condition (8) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, as amended, express planning permission shall be obtained for the change of use falling within Class B(b) of Part 3 of the Second Schedule of that Order. Reason (8) To maintain control over the amount of warehousing.
Condition (9) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, as amended, no plant or machinery shall be installed outside the building nor shall the building be extended or altered without the prior written consent of the Local Planning Authority. Reason (9) To ensure that the residential amenity of the nearby property Foxdale, is not significantly harmed.
Condition (10) No external lights shall be affixed to the building or lighting columns erected within the site without the prior written consent of the Local Planning Authority. Reason (10) To ensure that any lights which are installed are appropriate to the character of the locality.
REASON FOR GRANTING PLANNING PERMISSION The development is consistent with the aims and objectives of Policy E4 of the South Lakeland Local Plan. Parish MANSERGH Application No Site Address Proposal Applicant Application Type SL/2009/0171 HAWKRIGG FARM CONVERSION OF BARN TO A DWELLING, MR J COWIN FULL PLANNING MANSERGH HOLIDAY COTTAGE AND JOINER'S WORKSHOP LA6 2EP
Grant with Conditions
85 Condition (1) The development hereby permitted shall be commenced before the expiration of THREE YEARS from the date hereof. Reason (1) 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) This permission relates to the following drawings deposited with the Local Planning Authority on 2 March 2009: K2217/8a, K2217/9a, K2217/10a, K2217/15a, K2217/17a and K2217/22a; and drawing numbers K2217/11b and K2217/16b deposited with the Local Planning Authority on 14 April 2009. Reason (2) For the avoidance of doubt.
Condition (3) The live / work unit shall be occupied and operated only for the dual purpose of a workspace and associated living accommodation. The dwelling space associated with the live / work unit shall not be occupied unless the workspace is used for business purposes. The dwelling space and workspace shall be occupied and operated by the same person or persons. Reason (3) To ensure that the live / work unit accords with the use permitted.
Condition (4) The live / work unit shall be occupied as the sole or main residence by an Approved Person. In this condition an "Approved Person" shall be deemed to be a person who has immediately prior to such occupation:
(i) been continuously resident in the Locality for three years; or (ii) been permanently employed or has a firm permanent job offer in the Locality; or (iii) been employed in the Locality on a fixed term contract of no less then one year in duration or has a firm job offer in the Locality on a fixed term contract of no less then one year in duration; or (iv) is self employed in a viable business based in the Locality; or (v) has completed a post secondary education course within the past 3 years outside the administrative area of the Council (hereinafter referred to as "the District") and prior to attending such course lived in the District for a period in excess of 3 years; or (vi) is currently in the Armed Forces, in prison, in hospital or similar accommodation outside the District and for whom such location is beyond their control, and immediately before moving to such accommodation lived in the District for a continuous period of at least 3 years; or (vii) needs to live in the District because he/she is ill and in need of support from a relative who lives within the District; or (viii) needs to live in the District in order to give support to a relative who is ill and needs support and lives in the District; or (ix) has spent most of his/her life living in the District and left the District less than 10 years prior to his/her intended first occupation of the dwelling (for this purpose "most of his/her life" shall mean over half of his/her life up to the point that he/she left the District, or a continuous period of 20 years up to the point that he/she left the District); or (x) has spent at least 10 years of his/her school education living in the District but has left the District in excess of 10 years prior to his/her intended first occupation of the dwelling; or (xi) is the widow or widower of the previously Approved Person resident in the dwelling; or (xii) in the case of a civil partnership is the survivor of the previously Approved Person resident in the dwelling together with any person living in the dwelling as a member of his/her household.
In this condition, of "Locality" shall be deemed to comprise the following:
(i) the District; and (ii) the administrative area of the Barrow in Furness Borough Council; and (iii) the administrative area of Shap Parish Council; and (iv) the administrative area of Shap Rural Parish Council; and (v) the administrative area of Orton and Tebay Parish Council; and (vi) the administrative area of Thornton-in-Lonsdale Parish Council; and (vii) the administrative area of Burton-in-Lonsdale Parish Council; and (viii) the administrative area of Ingleton Parish Council; and (ix) the administrative areas of Lancaster City Council excluding the areas of the parishes of Overton, Cockerham, Thurnham, Ellel and Over Wyresdale.
Reason (4) To ensure that the development is compatible with current housing policy in rural localities.
Condition (5) The holiday cottage shall be used for let holiday accommodation and for no other purpose (including any other purpose in Class C of the Schedule to the Town and Country Planning [Use Classes] Order 1987), or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification. Reason (5) To ensure that the development is compatible with the aims and objectives of Policy T4 of the South Lakeland Local Plan.
86 Condition (6) The holiday cottage shall not be used at any time as a sole and principal residence by any occupants. Reason (6) To ensure that the development is compatible with the aims and objectives of Policy T4 of the South Lakeland Local Plan.
Condition (7) The holiday cottage shall not be used as a second home by any person. Reason (7) To ensure that the development is compatible with the aims and objectives of Policy T4 of the South Lakeland Local Plan.
Condition (8) The holiday cottage shall not be let to any person or connected group of persons for a period exceeding eight weeks in any one calendar year. Reason (8) To ensure that the development is compatible with the aims and objectives of Policy T4 of the South Lakeland Local Plan.
Condition (9) A bound register of all occupants of the holiday cottage hereby approved shall be maintained at all times and shall be made available for inspection by the Local Planning Authority on request. The register shall comprise consecutively numbered pages which shall be kept in order, and each entry shall contain the name and address of the principal occupier together with the dates of occupation. Reason (9) To ensure that the development is compatible with the aims and objectives of Policy T4 of the South Lakeland Local Plan.
Condition (10) Before development commences, a scheme for the sound insulation of the workshop shall be submitted to and approved in writing by the Local Planning Authority in order to ensure that neither the occupants of the holiday cottage nor the dwelling suffer from noise emanating from the workshop. Sound insulation shall be implemented in accordance with the approved scheme and shall be retained at all times thereafter for so long as the workshop use continues. Reason (10) To ensure that noise emanating from the workshop does not cause nuisance to the occupants of the holiday cottage or the dwelling.
Condition (11) No part of the building shall be taken down and rebuilt without the prior written consent of the Local Planning Authority. Reason (11) To ensure that the development is consistent with the aims and objectives of Policy H12 of the South Lakeland Local Plan.
Condition (12) Timber side-hung window frames shall be installed throughout the development. The window frames shall be painted white or such other colour as may be agreed in writing by the Local Planning Authority. Reason (12) To ensure an appropriate form of fenestration.
Condition (13) Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995 as amended, (or any Order revoking and re-enacting that Order) express planning permission shall be obtained for any development falling within Classes A and B of Part I, Schedule 2 of that Order. Reason (13) To ensure that subsequent alterations or extensions do not detract from the appearance of the conversion.
Condition (14) No development approved by this permission shall be commenced until a desk study has been undertaken and agreed in writing by the Local Planning Authority to investigate and produce an assessment of the risk of the potential for on-site contamination. If the desk study identifies potential contamination a detailed site investigation should be carried out to establish the degree and nature of the contamination and its potential to pollute the environment or cause harm to human health. If remediation measures are necessary they will be implemented in accordance with the assessment and to the satisfaction of the Local Planning Authority. Reason (14) To ensure a safe form of development that poses no unacceptable risk of pollution.
Condition (15) No development approved by this permission shall be commenced until a scheme for the disposal of foul drainage to the septic tank has been submitted to and approved in writing by the Local Planning Authority. No part of the development shall be brought into use until the scheme has been constructed and completed in accordance with the approved plans. Reason (15) To prevent pollution of water resources.
Condition (16) The development shall not proceed except in accordance with the Mitigation Strategy described in Section D of the Bat Survey prepared by Envirotech NW Limited (ref BAT/08/318/REV2) deposited with the Local Planning Authority on 28 April 2009. The general working guidelines set out in Section D1 of the Bat Survey shall be applied in full and all contractors shall be made fully aware of the working guidelines. Reason (16) To ensure that adequate provision is made for bats.
REASON FOR GRANTING PLANNING PERMISSION The conversion is compatible with the aims and objectives of Policy H12 of the South Lakeland Local Plan.
87 Parish MIDDLETON Application No Site Address Proposal Applicant Application Type SL/2009/0210 BARN AT SOWERMIRE FARM BARN CONVERSION TO FORM DWELLING MR MICHAEL GERMAN FULL PLANNING MIDDLETON INCLUDING INSTALLATION OF SEPTIC TANK LA6 2LX
Grant with Conditions Condition (1) The development hereby permitted shall be commenced before the expiration of THREE YEARS from the date hereof. Reason (1) 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) This planning permission relates to drawing number KL2347/04A deposited with the Local Planning Authority on 27 March 2009 and drawing number KL2347/03B deposited with the Local Planning Authority on 8 April 2009. Reason (2) For the avoidance of doubt.
Condition (3) The dwelling hereby permitted shall be occupied as the sole or main residence by an Approved Person. In this condition an "Approved Person" shall be deemed to be a person who has immediately prior to such occupation:
(i) been continuously resident in the Locality for three years; or (ii) been permanently employed or has a firm permanent job offer in the Locality; or (iii) been employed in the Locality on a fixed term contract of no less then one year in duration or has a firm job offer in the Locality on a fixed term contract of no less then one year in duration; or (iv) is self employed in a viable business based in the Locality; or (v) has completed a post secondary education course within the past 3 years outside the administrative area of the Council (hereinafter referred to as "the District") and prior to attending such course lived in the District for a period in excess of 3 years; or (vi) is currently in the Armed Forces, in prison, in hospital or similar accommodation outside the District and for whom such location is beyond their control, and immediately before moving to such accommodation lived in the District for a continuous period of at least 3 years; or (vii) needs to live in the District because he/she is ill and in need of support from a relative who lives within the District; or (viii) needs to live in the District in order to give support to a relative who is ill and needs support and lives in the District; or (ix) has spent most of his/her life living in the District and left the District less than 10 years prior to his/her intended first occupation of the dwelling (for this purpose "most of his/her life" shall mean over half of his/her life up to the point that he/she left the District, or a continuous period of 20 years up to the point that he/she left the District); or (x) has spent at least 10 years of his/her school education living in the District but has left the District in excess of 10 years prior to his/her intended first occupation of the dwelling; or (xi) is the widow or widower of the previously Approved Person resident in the dwelling; or (xii) in the case of a civil partnership is the survivor of the previously Approved Person resident in the dwelling together with any person living in the dwelling as a member of his/her household.
In this condition, of "Locality" shall be deemed to comprise the following:
(i) the District; and (ii) the administrative area of the Barrow in Furness Borough Council; and (iii) the administrative area of Shap Parish Council; and (iv) the administrative area of Shap Rural Parish Council; and (v) the administrative area of Orton and Tebay Parish Council; and (vi) the administrative area of Thornton-in-Lonsdale Parish Council; and (vii) the administrative area of Burton-in-Lonsdale Parish Council; and (viii) the administrative area of Ingleton Parish Council; and (ix) the administrative areas of Lancaster City Council excluding the areas of the parishes of Overton, Cockerham, Thurnham, Ellel and Over Wyresdale.
88 Reason (3) To ensure that the development is compatible with current housing policy in rural localities.
Condition (4) No part of the building shall be taken down and rebuilt without the prior written consent of the Local Planning Authority. Reason (4) To ensure that the development is consistent with the aims and objectives of Policy H12 of the South Lakeland Local Plan.
Condition (5) Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995 as amended, (or any Order revoking and re-enacting that Order) express planning permission shall be obtained for any development falling within Classes A, E or H of Part I, Schedule 2 of that Order. Reason (5) To ensure that subsequent alterations or extensions do not detract from the appearance of the conversion.
Condition (6) A sample of the slate to be used for roof repairs shall be submitted to and approved in writing by the Local Planning Authority before any building works are commenced. Reason (6) To ensure that an appropriate roofing material is used.
Condition (7) The development shall not proceed except in accordance with the Mitigation Strategy described in Section E of the Bat and Barn Owl survey prepared by Envirotech NW Limited. (Ref: BAT/09/482) deposited with the Local Planning Authority on 11 March 2009. Reason (7) To ensure that adequate provision is made for protected species.
Condition (8) No development hereby permitted shall be commenced until a scheme for the disposal of foul drainage to the septic tank has been submitted to and approved in writing by the Local Planning Authority. The submitted scheme shall include details of the soakaway system, percolation tests and the measures to be undertaken to ensure that the system is property maintained. The dwelling shall not be occupied until the drainage system has been constructed and completed in accordance with the approved scheme. Reason (8) To prevent the pollution of water resources.
REASON FOR GRANTING PLANNING PERMISSION The conversion is compatible with the aims and objectives of Policy H12 of the South Lakeland Local Plan.
Parish ULVERSTON Application No Site Address Proposal Applicant Application Type SL/2009/0414 23 MARKET STREET CHANGE OF USE FROM RETAIL (CLASS A1) TO MR NICHOLAS GEDYE FULL PLANNING ULVERSTON RESTAURANT (CLASS A3) WITH ANCILLARY LA12 7LR USE FOR HOT FOOD TAKEAWAY (CLASS A5)
Grant with Conditions Condition (1) The development hereby permitted shall be commenced before the expiration of THREE YEARS from the date hereof. Reason (1) 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) This permission relates to the use of the ground floor of the site as a restaurant with an associated hot food takeaway use and does not permit the sole use of the premises as a hot food takeaway, as defined by Class A5 under the Town & Country Planning (Use Classes) Order 1987 as amended. Reason (2) The establishment of a dedicated hot food takeaway use would not be appropriate in this location and for the avoidance of doubt.
Condition (3) Prior to implementation of the change of use hereby permitted, the mechanical extraction system as detailed in the specification provided by Furness Fans and submitted to the Local Planning Authority on 28 September 2009 shall be fully implemented to the satisfaction of the Local Planning Authority. Reason (3) To ensure appropriate ventilation is provided to serve the proposed use and to ensure that cooking odours and noise from the extraction system does not adversely affect the amenity of neighbouring residents.
Condition (4) Notwithstanding the submitted details the mechanical extraction system shall incorporate an appropriate form of silencer and shall not generate a noise level exceeding 50dB at the exit of the external flue. Reason (4) To protect the amenity of the neighbouring residents.
89 Condition (5) The extraction system shall incorporate a suitable carbon filter as indicated on the approved drawings and this filter shall be regularly maintained in accordance with the manufacturers instructions. Reason (5) To protect the amenity of the neighbouring residents.
Condition (6) The external flue element of the mechanical extraction system shall be painted black or dark grey prior to its installment on the roof of the building. Reason (6) To ensure that the appearance of the external flue does not have an adverse impact on the character or appearance of the conservation area.
Condition (7) Prior to the commencement of the use hereby permitted, details of the grease trap to be installed on the premises together with measures for its future maintenance shall be submitted to and approved in writing by the Local Planning Authority. Reason (7) To ensure that the grease waste associated with the use is appropriately managed and does not affect the local drainage system.
Condition (8) Prior to the commencement of the use hereby permitted, an internal bin store shall be created within the building, as detailed on the submitted plan deposited with the Local Planning Authority on 29 September. This facility shall thereafter be maintained and no food related waste shall be stored externally. Reason (8) To protect the amenity of neighbouring residents and businesses and for the avoidance of doubt.
Condition (9) The first floor residential accommodation shall only be occupied by persons associated with the business hereby permitted. Reason (9) The independent occupation of the residential accommodation would not be appropriate in this case in view of the nature of the business proposed.
Condition (10) The opening hours of the restaurant and hot food takeaway business hereby permitted shall be restricted to between 12 noon and 12 midnight on any day. Reason (10) To protect the amenity of neighbouring residents and businesses and for the avoidance of doubt.
REASON FOR GRANTING PLANNING PERMISSION The proposed change of use is considered to be acceptable in this town centre location in accordance with Policy R8 of the South Lakeland Local Plan, and subject to the conditions attached, the development will not adversely affect the amenity of the neighbouring properties.
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