Sl.2016.1090

SL/2016/1090

PARISH: Kendal Land adjacent to the north side of Natland Mill Beck Lane, Kendal

PROPOSAL: Erection of up to 26 dwellings including vehicular and pedestrian access

APPLICANT: Mr Gary Middlebrook - Oakmere Homes (North West) Limited

Grid Ref: E: 351986 N: 490877

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SL/2016/1090 The material contained in this plot has been reproduced from an Ordnance Survey map with permission of the Controller of Her Majesty's Stationery Office. Land adjacent to north side of Licence No. 100024277 © Crown Copyright Unauthorised reproduction infringes Crown Copyright Natland Mill Beck Lane and may lead to prosecution or civil proceedings KENDAL

Scale: 1:5000 SUMMARY 1. The site is located towards the southern edge of Kendal, to the west of the roundabout adjacent to Asda on Burton Road. The site is divided into two distinct parts, the area of the land at the northern part of the site between Helme Drive and the former canal which is unallocated ‘white land’ and the remainder which is allocated as Amenity Open Space by Policy LA1.10 of the Land Allocations Development Plan Document. Natland Mill Beck runs through the southern section of the field / Amenity Open Space. 2. The application seeks outline planning permission for the erection of 26 dwellings on the northern section of the site between Helme Drive and the canal. All matters apart from the access arrangements are reserved for consideration. 3. A separate application has been submitted in respect of the use and maintenance of the ‘amenity area’, our reference SL/2017/0754. This application is also included within the agenda. 4. The main issues relate to: • The principle of development on the site; • Highway safety arising from the use of Natland Mill Beck Lane to access the site; • The environmental impacts including those upon the land allocated as ‘Amenity Open Space including visual, heritage , ecology and recreation; • Flood risk and drainage; • Contaminated land.

RECOMMENDATION 5. The development of housing on the area between Helme Drive and the former canal accords with the policies within the Core Strategy, policies LA1.0 and LA1.1 of the Allocations Development Plan Document and the aims of the National Planning Policy Framework to increase the delivery of housing. The impacts upon the designated amenity open space will be minimised by the works around the periphery thereby retaining the green infrastructure significance and the distinctive characteristics. The provision of housing, public access and cycle/footpath outweigh the minor adverse impacts upon the setting of listed buildings and the open space. 6. The technical matters have been addressed. The access arrangements have been designed to provide for safe and convenient access for the expected traffic. Surface water drainage can be managed to ensure the development does not adversely affect proposed or existing property. 7. The proposal therefore accords with policies of the Development Plan.

DESCRIPTION AND PROPOSAL Site description 8. The site is located towards the southern edge of Kendal, to the west of the roundabout adjacent to Asda on Burton Road. It consists of a green field ‘C’ shaped parcel of land, bound within the ‘C’ by residential properties on Helme Drive and to the northeast by Helme Chase Gardens and Helme Close. Natland Mill Beck Lane bounds the site to the south and the former Lancaster Canal to the northwest. 9. Natland Mill Beck runs through the southern section of the field along the rear of Helme Drive, across the field at the western end then under Natland Mill Beck Lane. The beck is part of the River Kent and Tributaries Special Area of Conservation (SAC) and Site of Special Scientific Interest (SSSI). The section of the site adjacent to Natland Mill Beck Lane is designated within the Local Plan as Amenity Open Space (no public access). There are trees and hedgerows along the boundaries with Natland Mill Beck Lane and the former Lancaster Canal, which is now used as a green cycle / footway path. The bridge over the canal is Grade II listed and there are also listed buildings at Natland Mill Beck farm immediately adjacent to the lane. 10. Natland Mill Beck Lane forms a narrow single lane road between the roundabout on Burton Road and Natland Road. It is accessed from the Burton Road end and serves approximately 20 residential properties and Natland Mill Beck Ice Cream Parlour. Vehicular access along the lane terminates at the listed bridge which crosses the former canal but the whole of the lane is well used by walkers. Proposal 11. The application seeks outline planning permission for the erection of 26 dwellings on the northern section of the site between Helme Drive and the canal. All matters apart from the access arrangements are reserved for consideration at a later date. 12. It is proposed to access the site from the roundabout on Burton Road via Natland Mill Beck Lane. The associated works include the creation of three passing places, a new section of road around the bend at the western end of Natland Mill Beck Lane and access into the site close to the former canal bridge toward the northwest end of Natland Mill Beck Lane. A separate public footpath is proposed from Burton Road through the field with links to the new residential estate at The Beeches.

HISTORICAL CONTEXT 13. Planning permission was refused for a similar scheme by the Planning Committee on 30 June 2016, our reference SL/2016/0249. The scheme was refused for the following reasons: a. The applicant has not demonstrated that the site can be developed in an acceptable manner for 26 dwellings without detriment to the value of the Amenity Open Space on the southern part of the site. The proposed development will fail to safeguard the visual and historical significance of this important open greenspace and impacts on the tranquil settlement character of this part of southern Kendal. The proposal is therefore contrary to the aims of Core Strategy Policies CS1.1, CS2, CS8.1, CS8.2 and LA1.10 b. The road serving the proposed development is inadequate by reason of insufficient width and structural stability, to accommodate the likely increase in traffic; and inadequate access and visibility splays have been provided. The proposal adversely affects highway safety contrary to Core Strategy Policy CS10.2 and paragraph 32 of the National Planning Policy Framework. c. Insufficient information has been submitted in respect of sustainable surface water drainage and in the absence of this information there is an increased flood risk; the proposal is therefore contrary to Core Strategy Policy CS8.8 and paragraph 103 of the National Planning Policy Framework. d. The Heritage Statement submitted with the application is flawed in that it does not assess the impact of the proposal on the historic Millrace which is a significant Non Designated Heritage Asset, nor does it provide information in relation to the traffic / stability impacts on the adjoining listed dwelling. Insufficient information has been submitted to conclude that the proposal will not substantially harm the setting of the listed bridge. The application therefore fails to accord with the aims of Core Strategy Policy CS8.6, saved Local Plan Policies C15 and C19, the aims of section 12 of the National Planning Policy Framework, and the duty within the Planning (Listed Buildings and Conservation Areas) Act to preserve or enhance listed buildings. e. In the absence of further detailed information on the principles of bridge design, construction and after use protection measures which have been formulated with a proper knowledge of the white-clawed crayfish populations it can only be concluded that there will be an adverse impact on the ecology of the riverine / riparian habitat of the River Kent SAC and SSSI contrary to Core Strategy Policy CS8.4 and paragraphs 109 and 118 of the National Planning Policy Framework.

CONSULTATIONS Kendal Town Council: 14. The Town Council recommends refusal for the following reasons: • The altered access arrangements would cause damage to historic assets, would result in the loss of amenity land and cause damage to the landscape; • The committee does not agree that the damage to heritage assets and their setting would not be significant; • The land is not allocated for housing and the applicant has not provided sufficient evidence that there is not an adequate supply of readily available housing to meet the requirements of the next 5 years. • Insufficient information to address on-site and off-site flooding issues which may be exacerbated by the development; • Potential damage to ecological assets; • Insufficient detail to show 35% affordable housing can be achieved. Natland Parish Council: 15. The Parish Council requests that the application is refused. The central issues are the inadequacy of the highway access proposals and unacceptable adverse effects on the character and amenity of Natland Mill Beck Lane and its setting if those access needs were properly met. 16. Natland Mill Beck Lane has a valuable rural character at the edge of an urban settlement. This is much enjoyed by residents, cyclists and pedestrians. The road will be severely altered but it would still be unsafe for pedestrians so that they must be offered an alternative footpath, of uncertain status and future maintenance. The only adequate highway solution is an engineered two way road with footpath and lighting. The impact of such urbanisation on the character and amenity of Natland Mill Beck Lane would be unacceptable. Cumbria County Council: Highways 17. The additional submitted documents have satisfactorily addressed the fundamental outstanding technical queries commensurate to the level of detail expected for this stage of the design. The design and layout of passing places satisfies the key criteria laid down in the Cumbria County Council and other design guides and advisory notes in that intervisibility between spaces has been provided. The recommended width, length and spacing of passing places vary from guide to guide and it is considered that the proposed provision is adequate for the traffic volume and type in principle, subject to a detailed design. 18. The Highway Authority has no objections to the proposals subject to conditions. Lead Local Flood Authority 19. Lead Local Flood Authority has no objections to the proposals subject to conditions. 20. Detailed design of the site drainage (Suds) with calculations, overland exceedance routes, a maintenance and ownership for the infrastructure will be required. Any detailed investigation should take into account localised groundwater affecting the Rinkfield community situated on the opposite side of the disused canal structure. Historic Environment 21. No objection in respect of the rafting of the millrace at the straight section of Natland Mill Beck Lane. While this will cause a degree of harm to the historic fabric of the millrace, the detrimental impact may be balanced by the proposed positive benefits of ‘preservation and restoration’ of the remaining stone-lined millrace. Further information is required with regard the methodology for the buried remains. South Lakeland District Council: Environmental Protection Officer 22. Conditions with regard to the completion of contaminated land site investigation including the submission, approval and implementation of any necessary mitigation; hours of work; measures to control noise and dust during construction; and the submission of an air quality assessment with mitigation if the proposal will result in an increase in pollutant levels have been requested. Conservation Officer 23. In applying the statutory duties of the Planning (Listed Building and Conservation Areas) Act 1990, the proposals would have a minor adverse impact on the setting of Natland Mill Beck Farmhouse and Natland Mill Bridge and so would not preserve their heritage asset significance. In using the terminology contained within the NPPF the level of harm would be ‘less than substantial’, and so the test of paragraph 134 to balance public benefits is a material consideration. 24. Based solely on whether there are gains or losses to the historic environment and having paid special attention to the desirability of preserving these various heritage assets, the advice is that despite finding harm to be slight and so less than substantial, the presumption against approving this proposal should remain a compelling one. 25. If, in weighing up any positive public benefits, the proposal could provide a sufficient set of gains with which to outweigh the slight harm that would occur, this would allow for a departure from the statutory duty of the 1990 Act, in accordance with paragraphs 133 and 134 of the NPPF and policy CS8.6 of the Core Strategy. Arboricultural Officer 26. An Arboricultural Impact Assessment and Arboricultural Method Statement for the realignment of Natland Mill Beck Lane and the construction of the passing places which affect hedgerows along Natland Mill Beck Lane and the trees opposite number 4 Natland Mill Beck Lane and The Old Water Mill is required. Whilst the hedge does not merit retention, some of the hedge could be transplanted and relocated between the passing place and the proposed footpath. Housing Officer 27. The application intends to provide 35% affordable housing. The tenure split should provide 50% intermediate housing (discounted sale/shared ownership) and 50% for rent. 28. The affordable housing statement refers to the use of starter homes. However the Government has yet to produce regulations so the position on these is unclear and the existing policy will still apply.

Environment Agency : 29. No objection. 30. There is a hydraulic model which may reclassify some of the site currently designated as Flood Zone 1 to Zone 2 or 3. The applicant should consider this when designing the detail. An environmental permit will be required for the footbridge and proposed outfall. 31. The agency has requested a condition requiring the submission and approval of site investigation and the implementation of any necessary contaminated land mitigation. Natural England : 32. The revised Method Statement should apply to both SL/2017/0754 and SL/2016/1090 and should specify that there should be no spoil piles within 10m of the beck. Discharge swales need to be monitored to ensure they are not overflowing and remobilising trapped silt. As White Claw Crayfish are a designated feature of the River Kent SAC of which Natland Mill Beck is a part, and are sensitive to sediment and pollution, we advise the use of a sediment or silt buster to manage the silt. 33. Natural England supports the land use plan revision F that shows no vegetation removal either side of the beck within the 8m buffer zone and supplemental native plug planting. It is noticed that the land use plan indicates an 8m buffer zone, whereas the construction method statement submitted more recently indicates 10m, and our original response dated 14 December 2016 only requested 8m. Although 10m would be preferable, we would accept 8m either side. Kendal Civic Society : 34. The Civic Society objects to the application due to the character of the lane, the proximity and impact upon the Natland Mill Beck Bridge, construction lorries and passing places which will destroy history, homes will be beyond the financial reach of young people, loss of green fields and the quality of development. Canal and Rivers Trust : 35. The Trust makes the following recommendations:- • Walking and cycling links to routes on the canal are provided; • Houses facing onto the canal would help integrate and better engage the new development with the former canal corridor, if this is not feasible then boundary treatment should be well designed and of high quality; • Three storey buildings may be overly dominant; • It is considered that the ‘neutral’ impact upon users of the canal path underestimates the potential harm which is dependent upon the trees remaining and a ‘minor adverse’ impact would be more realistic, particular in winter when the trees are not in leaf.

The Lancaster Canal Trust : 36. In the past the inadequate width and sinuous character of the lane and potential conflict with non-motorised traffic has been regarded as a major constraint to development. The listed Natland Mill Beck Bridge over the former canal is restricted to pedestrian and cycle access and it is essential that it should remain so. The Trust is concerned that, should the proposed development proceed, there may arise incrementally over time pressures to permit some form of restricted vehicular access over the bridge. The proposed works to improve access may be insufficient. 37. The trees along the route of the canal are to be retained and this is welcomed. It is also essential that no new accesses are created from the houses onto the protected route of the canal. The rear gardens must be fully fenced off. It is noted that the application may encroach onto the former canal bed. 38. If planning permission is granted, some benefit should be secured to encourage sustainable travel patterns and this could include a ramped access on the west side of the canal bridge to the existing footway / cycle path Friends of the Lake District (Campaign for Rural England) : 39. The Friends of the Lake District object to the proposal on the following grounds: • Impact on visual amenity; • Impact on habitats and species of Natland Mill Beck; • Increased flood risk due to built development causing increased runoff and reducing infiltration capacity; • Access and traffic issues; • Not enough information provided to inform a decision; • The site is not allocated in the SLDC Local Plan. No evidence has been submitted to demonstrate that there is not an adequate 5 year housing supply. United Utilities: 40. The proposals are acceptable to United Utilities. Attention is drawn to the sewers and water mains which cross the site. 8m (4m either side) and 5m (2.5m either side) access strip will be required respectively. The company have also advised that surface water should not be discharged to the mains sewer and a management and maintenance scheme for the surface water scheme should be required by condition. Electricity North West: 41. Low voltage mains cables are located within the development site and the costs of any diversion would be normally borne by the applicant.

Neighbours / Others:

42. 74 letters of objection have been received from the owners/occupiers of 58 properties. Reasons for objection include: Highway Issues • Access along Natland Mill Beck Lane is limited due to the narrow winding nature and is inadequate for increased volumes of traffic. The Highway classification as a “minor residential road” would require the road to accommodate 2 way traffic and a footway. • The proposed single track with passing places is convoluted and will not be adequate for the additional traffic. • One of the passing places appears to be by the opening into the old farm yard. This is private and cannot be used for vehicles to pass. • Increased traffic will affect safety at the Asda roundabout and the blind exit at the Helme Lodge junction. • The lane is heavily used by walkers and cyclists – increased vehicular traffic will adversely affect the safety of these users. • The Beeches will generate additional pedestrians and cycle traffic using Natland Mill Beck Lane – no account has been taken of these users. The proposed footpath through the field is unlikely to be used by residents from the Beeches; • The Inspector in the report into the Land Allocations considered Natland Mill Beck Lane an unsuitable access for the Beeches development. • Increased traffic from developments in the southern part of Kendal. The Appearance of the Locality • Part of the site is allocated as important for ‘Amenity Open Space’ and the whole field is an attractive open area which contributes to the green infrastructure and rural character of the area. The site has been discouraged for development since 1996 and supported by an Inspector in 2003. • The footpath and passing places would adversely change the appearance of the land to its detriment altering its character as agricultural land. • The rural appearance and quiet character of the lane and edge of the town would adversely affected. • The vicinity has been subject to new development, particularly the Beeches; this development will degrade the appearance of the locality further. • Towns need to preserve greenspaces – too many are being infilled. Historic Environment • The houses on Natland Mill Beck are old and historic and built on foundations not designed to have lorries, building vehicles etc. moving frequently up and down the lane. Increase traffic could lead to damage of the foundations of these old properties. • The historic mill leat will be destroyed by the passing places. • Adverse impact upon the listed buildings and archaeological features. Ecology • Development across or near Natland Mill Beck (SAC & SSSI) will have an adverse effect due to pollution run-off and loss of habitat and adverse impact on White Claw Crayfish. • The footbridge will increase anti-social behaviour, which would have a detrimental effect on the SSSI. • The site is used by otters, birds, bats and hedgehogs. Flooding • The volume of water flowing under the existing bridge has increased and the path of the beck altered after Storm Desmond. The field floods into a wide lake as a common occurrence. • The amenity space is a vital soak-away to houses in Mill Beck flooding as the water goes under the houses in mill yard and the field to soak up water and protect Rinkfield, Natland Road and Gallowbarrow from additional flooding. • The proposed bridge will obstruct the flow of water along the beck, increasing the risk of flooding. • The sewage system is already overloaded and further development will exacerbate problems and not enough consideration has been given to the sewers crossing the site. • Insufficient consideration of the foul sewers which cross the site. Principle • The site is not allocated for housing; • SLDC has a 5 year housing supply and as such meets the housing targets. There is no overriding need to set aside the objections in order to allow an exception. • Planning permission has previously been refused. Other matters • Precedent for vehicular use from the Beeches; • Precedent for development on the protected amenity land; • The capacity of the schools; • Loss of privacy, overshadowing and disturbance; • Disruption during construction; • The development will interfere with future re-watering of the canal.

POLICY ISSUES South Lakeland Core Strategy (Core Strategy): 43. Policy CS1.1 Sustainable Development Principles provides criteria for new development. It notes that development should accord with a sequential approach, first using existing buildings and previously developed land within settlements ahead of other suitable infill opportunities within settlements and only then development of other land that is well located in relation to housing, jobs, other services and infrastructure. It also refers to the need to:- • protect the countryside for its intrinsic beauty; • safeguard sites that make a positive contribution to the special architectural or historic interest of the area; • minimise the need to travel and provide a choice of sustainable transport modes. 44. Policy CS1.2 The Development Strategy provides a sequential approach to development and a hierarchy of settlements. It states that town development boundaries will be identified as part of the Allocations of Land DPD. The policy states that 35% of new development in the district will be concentrated in Kendal. The exact scale and level of development will be dependent on individual character, the impact on environmental capacity and infrastructure provision and the desire to meet the need for affordable housing. 45. Policy CS2 Kendal Strategy states that Kendal will be developed as a Principle Service Centre. It states that provision will be made for 3,080 new residential dwellings between 2003 and 2025. The policy seeks to ensure that 35% of new housing delivered meets identified needs for affordable housing and that up to 60% is social rented based on local need. The policy also seeks to:- • safeguard and enhance buildings, sites and areas of heritage and cultural importance; • improve local green infrastructure, including green spaces, • ensure greenfield development is sympathetic to the landscape and Kendal, the historic character and setting of Kendal also addresses archaeological impacts. 46. Policy CS6.1 Meeting the Housing Requirement states that the supply will be met by allocations within a DPD and within settlements. Consideration of unallocated sites will be assessed against a sequential approach, the prioritisation and assessment of suitability, availability and achievability of sites within the Council’s Strategic Housing Land Availability Assessment and over available evidence and the phasing targets and overarching development strategy in Policy CS1. 47. Policy CS6.3 Provision of Affordable Housing requires that development provide no less than 35% of the total number of dwellings as affordable housing. 48. Policy CS6.6 Making Effective and Efficient Use of Land provides an average density of development of at least 30 dwellings per hectare. Higher densities will be sought on appropriate sites such as those in or adjoining Kendal. In some circumstances a lower density will be supported if environmental constraints mean it is not suitable for high-density development. 49. Policy CS8.1 Green Infrastructure Policy states that the Core Strategy will seek to:- • ensure green infrastructure is incorporated into new developments, particularly where it can be used to mitigate the negative impacts of the development; • protect and enhance important open spaces within settlements to contribute towards an improved network of green corridors of value for wildlife, recreation and the amenity needs of the community; • protect species and habitats and create new habitats and wildlife corridors where biodiversity conservation and enhancement is affected by development; • ensure the protection and enhancement of watercourses and wetlands which are important contributors to the network of blue and green corridors for wildlife, recreation and the amenity needs of the community. 50. Policy CS8.2 Protection and Enhancement of Landscape and Settlement Character states that proposals should demonstrate that their location, scale, design, and materials will protect and conserve the special qualities and local distinctiveness of the area. 51. Policy CS8.3a and CS8.3b Open Space, Sport and Recreation provide accessibility standards for the provision of facilities. Where development is located within the accessibility standards, contributions will be required towards improving the local open space that will serve local residents. 52. Policy CS8.4 Biodiversity and Geodiversity states that all development proposals should protect enhance and restore the biodiversity and geodiversity value of land and buildings. It also states that development proposals that would have a direct or indirect adverse effect on nationally, sub-regional, regional and local designated sites will not be permitted unless they cannot be located on alternative sites that would cause less or no harm; the benefits of the development clearly outweigh the impacts on the features of the site and the wider network of rural habitats; and prevention, mitigation and compensation measures are provided. 53. Policy CS8.6 Historic Environment seeks to ensure that development safeguards and where possible enhances historic environment assets, including listed buildings and locally important archaeological sites and features of historic interest. 54. Policy CS8.8 Development and Flood Risk seeks to ensure most new development is located in flood risk zone 1. New development will only be permitted where it can be demonstrated that it would not have a significant impact on the capacity of an area to store flood water, measures required to manage any flood risk can be implemented and surface water is managed in a sustainable way. 55. Policy CS9.2 Developer Contributions the Council will require new development to secure improvements which are necessary to make the development acceptable by planning condition or obligations. 56. Policy CS10.1 Transport Impact of New Development requires that development be designed to reduce the need to travel and to maximise the use of sustainable forms of transport. Development proposals should provide for safe and convenient access and foot, cycle, public and private transport, be served by safe access to the highway network without detriment to the amenity or character of the locality, the expected nature and volume of traffic generated by the proposal can be accommodated by the existing road network without detriment to the amenity or character of the surrounding area, local air quality or highway safety. Local Plan Land Allocations: Development Plan Document (DPD): 57. Policy LA1.0 Presumption in Favour of Sustainable Development reflects the guidance within the National Planning Policy Framework. 58. Policy LA1.1 Development Boundary defines boundaries for a number of settlements including Kendal. The policy states that the development needs of these settlements will be met within the development boundaries. 59. Policy LA1.10 Existing Green Infrastructure seeks to ensure that new development safeguards and where possible enhances the visual, cultural, historic, environmental, informal recreation and biodiversity significant of the amenity open space. Development affecting amenity spaces will not be permitted unless the green infrastructure significant is safeguarded or enhanced. Saved Policies of the South Lakeland Local Plan (Local Plan): 60. Saved Policy C15 Listed Buildings and their Settings states that new structures or development where this would adversely affect the character or setting of a listed building will not be permitted. 61. C19 Sites of Archaeological Interest requires that where there are reasonable grounds for believing that important archaeological information may be lost, the applicant will be required to carry out an assessment of the archaeological implications and how the implication swill be mitigated. Where preservation in-situ is not realistic or justified and the development outweighs the archaeological impact, conditions will be used to ensure that the site is recorded. 62. C24 Watercourses and Coastal Margins states that development will not be permitted which will have a significant adverse effect on nature conservation or landscape value or has a significant adverse impact upon land drainage interest of the area. 63. L12 Lancaster Canal states that development will not be permitted which would be likely to prevent or impair the restoration of the Lancaster Canal. Planning (Listed Building and Conservation Areas) Act 1990: 64. Under section 66 of the Act, the Local Planning Authority has to have special regard to the desirability of preserving a listed building and its setting. National Planning Policy Framework (NPPF): 65. Paragraph 14 of the Framework sets out a presumption in favour of sustainable development. This means approving development proposals that accord with the development plan without delay. Core Principles 66. The core principles at paragraph 17 seek to secure high quality design and a good standard of amenity for existing and future residents. Promoting sustainable transport 67. Paragraph 32 - Development should only be prevented or refused on transport grounds where the residual cumulative impacts of the development are severe. Delivering a wide choice of high quality homes 68. Paragraph 47 - Requires that local authorities significantly boost the supply of housing. To do this local authorities should identify and update a supply of deliverable sites to provide for five years’ worth of housing with an additional buffer of 5%. This buffer is increased to 20% where there is a persistent record of under delivery. 69. To be deliverable sites should be available now and be achievable with a realistic prospect that housing will be delivered on the site within five years and in particular that development of the site is viable. Sites are considered deliverable until permission expires or unless there is clear evidence that schemes will not be implemented within five years, for example where they are no longer viable. 70. Paragraph 48 - Local planning authorities may only make allowance for windfall sites in the five-year land supply if they have compelling evidence that such sites have consistently become available. Promoting healthy communities 71. Paragraph 76 - Green areas of particular importance may be designated as Local Green Spaces. These spaces should be consistent with the local planning of sustainable development and complement investment in sufficient homes, jobs and other essential services. 72. Paragraph 77 - Local Green Space designation will not be appropriate for most green areas or open space. Conserving the historic environment 73. The section requires that account is taken of the significance of designated and non-designated heritage assets, and balances the scale of harm or loss and the significance of the asset. 74. Paragraph 134 states that where a proposal will lead to less than substantial harm to the significance of a designated heritage asset, the harm should be weighed against the public benefits of the proposal. 75. Non-designated heritage assets of archaeological interest that are demonstrably of equivalent significance to a scheduled monument, should be considered subject to policies for heritage assets. ASSESSMENT The issues 76. The key issues that apply to this application are: • Principle of development on the site; • Highway safety arising from the use of Natland Mill Beck Lane to access the site; • The environmental impacts including those upon the land allocated as Amenity Open Space including visual, heritage , ecology and recreation; • Flood risk and drainage; and • Contaminated land. Principle 77. In policy terms the site is divided into two distinct parts, the area of the land at the northern part of the site between Helme Drive and the former canal which is unallocated ‘white land’ and the remainder which is allocated as Amenity Open Space by Policy LA1.10 of the DPD. 78. The northern part of the site is located within the Allocated Development Boundary for Kendal but is unallocated ‘white land’. The lack of allocation does not preclude or prevent development but the scheme must be assessed in the context of the presumption in favour of sustainable development emphasised throughout local and national planning policies. Policies CS1.1 and CS1.2 of the Core Strategy seek to focus new development within a hierarchy of settlements with the Principle Service Centres such as Kendal absorbing the greatest amount of growth. These policies provide a sequential approach, first using existing buildings and previously developed land within settlements ahead of other suitable infill opportunities within settlements. 79. The NPPF at paragraph 48 states that local authorities may make allowance for windfall sites in the five year land supply if they have compelling evidence that they consistently become available and will continue to provide a reliable supply. This site was identified in the Strategic Housing Land Availability Assessment and would provide a windfall infill opportunity. Such sites contribute to the five-year housing land supply as part of the windfall calculation. The proposal will provide benefits in terms of the provision of open market and affordable housing and this should be afforded significant weight when determining the application. 80. The scale of the development is not of sufficient size to undermine the delivery of allocated sites. Any necessary infrastructure can be dealt with either through a Section 106 agreement or the Community Infrastructure Levy, which includes capacity for windfall sites. 81. The principle of development on the ‘white land’ part of the site is therefore in accordance with the aims of the aforementioned policies plus policies LA1.0 and LA1.1 of the DPD and the aim of the NPPF to boost housing supply. In such cases, it is not necessary for the developer to justify the application in terms of meeting the five year land supply. 82. Policy LA1.10 of the Land Allocations DPD states that development affecting Amenity Open Spaces will not be permitted unless their green infrastructure significance is safeguarded or enhanced. This policy allows for development in exceptional cases or where the overall importance of the Amenity Open Space is safeguarded. Development which would not affect the overall significance of the open space and is necessary to deliver housing on the ‘white land’ would accord with the aims of the policy. However, where such development would adversely affect the distinctive character and appearance of the space, the development would be contrary to the aims of Policies CS1.1, CS2, CS8.1, CS8.2 and LA1.10. The impact of the proposals upon the space is included in the ‘Impact on Amenity Open Space’ section below (starting at paragraph 94). Highway and access arrangements 83. Natland Mill Beck Lane is currently narrow with no formal passing places. The scheme proposes alterations to provide additional passing places and a dedicated foot and cycle way. Travelling westward from the roundabout on Burton Road, the scheme proposes a priority one way system at the eastern end of Natland Mill Beck Lane, a section of widened roadway to provide a passing place, a new road around at the inner side of the bend within the field to bypass the corner and then an access into the site. 84. The Cumbria Design Guide is primarily aimed at residential developments and therefore not particularly relevant when it comes to designing rural roads. Natland Mill Beck Lane is not a ‘minor access road’ it is an unclassified county road. The government has produced the Rural Road Design Criteria to address the gap between standards for residential layouts / urban areas and DMRB standards to cover rural roads. The guidance advices that passing places should be provided with intervisibility at a maximum of 200m spacing. Passing places should be 5.5m wide for a length of 5m with 5m tapers either end. 85. The Department of Transport Traffic Advisory Leaflet 2/04 provides a case study and advice note in respect of ‘Quiet Lanes’ and single track intervention. The advice states that single track use is appropriate where two way traffic does not exceed 300 vehicles per hour, passing places are three cars in length and ideally be no greater than 60m apart. 86. From roundabout junction, Natland Mill Beck Lane currently accommodates two way traffic for approximately 17m, this is sufficient to allow three cars to exit the roundabout. The width of Natland Mill Beck Lane will remain as existing for approximately 77m; this includes the retention of single track for 60m. It is then proposed to create a passing place allowing three cars to pass in each direction before the roadway returns to the existing single track. The proposed passing places are within the road and field. The new road around the bend within the field will provide for two way traffic and a turning area, the road then becomes single track over the beck bridge, returning to two way as the road enters the field and the application site. The intervisibility between the passing places is approximately 67m, 60m and 40m respectively and between the passing places and the exit from the Ice Cream Parlour approximately 33m. The dimensions of the single track lane and passing places, together with the intervisibility accord with the government guidance. 87. The Transport Statement submitted with the application provides speed survey data indicating that speeds in both directions fall below 20mph. A traffic count for the existing use of Natland Mill Beck Lane and projected numbers is also included. The existing traffic was measured at 9 two way traffic movement in the morning peak hour and 19 evening peak hour. This does not take into account traffic flows from the Ice Cream Parlour. The predicted additional traffic levels are 16 two way movements morning and afternoon. The amount of traffic movement therefore increases by 177% and 84% respectively. The amount of traffic between the Ice Cream Parlour and the roundabout is significantly higher. While the increase in percentage is significant, the overall amount of traffic is significantly below the numbers, set out by Department of Transport, as being appropriate for a single track road with passing places and intervisibility. 88. Concerns have been raised with regard to the visibility when exiting Helme Lodge and the impact of additional traffic on safety. The situation already exists and operates without accidents. It is not considered that the impact of the additional traffic would adversely affect the operation of this access. 89. A separate designated footpath/cyclepath is proposed through the field. This path separates pedestrian and cycle movement from the vehicles enhancing the safety for users. During the last application, doubts were expressed with regard to the future maintenance of, and access to the path. The path would be built to an adoptable standard and of sufficient width to provide foot and cycle access. Standard street lighting would not be supported due to the impact on the character of the fields. While unlikely to be adopted, low level bollard lighting would be sufficient for the degree of use and would provide a greater degree of illumination than currently along Natland Mill Beck Lane. Provided that a system of management to ensure the path is maintained and kept available for public access, adoption cannot be a planning requirement. It is proposed to ensure provision of maintenance through S106 Agreement. The path will therefore provide a safe an accessible alterative to Natland Mill Beck Lane. 90. The width of the road provides constraints for construction traffic. This can be controlled with the submission, approval and implementation of a construction traffic management scheme with regard to routing, numbers, manoeuvring, escorts and banksmen to ensure safety and protection of the highway and associated land. 91. The site is in a sustainable transport location with access to the canal cycle/footpath and bus stops on Burton Road, Rinkfield and Natland Road. 92. The Highway Authority has confirmed that the additional information submitted has demonstrated that the access now fully addresses the previous highway issues. The modelling conclusively demonstrates that there will be no queuing from Natland Mill Beck Lane onto the roundabout. The proposed localised widening and realignment of the lane provides sufficient forward visibility to accommodate the development. The proposal will significantly increase the percentage of traffic but the overall numbers will remain low. Segregated provision is to be made for pedestrian and cycle movement, improving safety for such users. Subject to conditions with regard to construction traffic management, detailed design and implementation of the proposed road and pathways the authority has no objection to the scheme. 93. The proposed access arrangements therefore provide for safe and convenient access on foot, cycle, public and private transport, safe access to the highway and the lane can accommodate the expected nature and volume of traffic. The proposal therefore meets the aims of policy CS10.2 of the Core Strategy. Environmental Impacts/Impact on Amenity Open Space Visual impact upon the Amenity Open Space 94. The site is designated as an important amenity open space. LA1.10 does not however prevent development in such spaces. It requires that development safeguards and where possible enhances the visual, cultural, historic, informal recreation environmental and biodiversity significant of the amenity open space. Development which affects amenity areas will not be permitted unless their green infrastructure significance is safeguarded. 95. The scheme will alter the visual appearance of the site and have an impact upon historical features. The visual changes will predominantly affect the periphery of the site, along Natland Mill Beck Lane, around the bend, the bridge and the access into the site. 96. Taking the alterations from the eastern end of the lane, the footpath access from Burton Road can be inserted between the trees, removing a section of the wall. This area relates visually with the roundabout and associated paths. The insertion of a footpath/cycleway access will not adversely affect the character of the site when viewed from public vantage points on Burton Road. 97. The visibility splay can be achieved by ensuring that the hedging alongside the Mill Leat is kept low. Keeping the hedge low will also positively reveal the leat. The hedge is currently flayed at times and the appearance will not significantly alter. The appearance of this section can be enhanced by the introduction of an additional hedge to the rear of the trees. 98. A section of hedge will need to be removed and the road surface widened to create the first passing place. This work will however be over a short section of the road, a new hedge will be planted and the visual alteration to the character will be minimal and visible for only a short section of road. 99. The alterations around the bend have been designed to follow the grading of the land and the area can be enclosed by hedge and tree planting to retain a rural field pattern. Similar arrangements will be made for the access into the site. While altering the appearance in these areas, they ensure that the majority of the space is safeguarded from development. 100. The footpath will also have a visual impact and will alter the character from an agricultural field to parkland. The use of materials and low level bollard lighting can minimise the impact and the provision of a pedestrian/cycle link, together with public access will enhance the recreational value of the space. 101. The alterations around the periphery and the position of the bridge will ensure that the majority of the open space remains unchanged, the space and its green infrastructure significance will be safeguarded and the distinctive characteristics conserved in accordance with policy LA1.10 of the Land Allocations DPD and policy CS8.2 of the Core Strategy. Heritage Impacts 102. The previous refusal related to two heritage matters, the mill race and the setting of the listed canal bridge. 103. The original scheme would have resulted in the removal of two sections of millrace along the main part of the Lane and the structures adjacent to the bend. The revised scheme and details now propose rafting over a single 30m section of the millrace with the leat filled in gravel and a depth of 350mm removed. The area to be rafted over is predominantly the least well preserved element. While this will cause a degree of harm to the historic fabric, the detrimental impact may be balanced by the positive benefits of ‘preservation and restoration’ of the remaining stone-lined mill race. 104. The realigned roadway around the bend will allow the Mill Leat to be left in situ with ancillary underground structures rafted over. There are however buried remains which it is also intended to raft over. The extent is unknown and a scheme to protect any remaining feature has been submitted. This includes excavation by hand to be carried out under the supervision of an archaeologist. If found the leat will be protected in the same manner as the exposed leat. The response of the County Council Historic Environment Officer in respect of this scheme will be reported at the meeting. A scheme can be achieved which will preserve the feature in accordance with saved policy C19 and paragraphs 139 of the NPPF. 105. The scheme will introduce a passing place and associated hedge planting almost adjacent to Natland Mill Beck Farm. The widened road and introduction of paths into the setting will would appear as minor changes in the wider context and would be affect the foreground in views out from the listed building. These foreground changes would inevitably alter the current rural character of the country lane and introduce a more urban character. Passing places are not unusual within rural lanes and in this case, new hedge planting will be carried out to mirror the lane edge. 106. Additional detail has been provided with regard to the impact of the additional traffic upon the structure of these buildings. It has identified some existing structural issues, these are however the responsibility of the owner. The assessment recommends the control of construction traffic, measures to reduce the speed of traffic and monitoring. The priority system and road dimensions will in effect limit speeds. Works may be carried out to protect the building; it is therefore not considered that potential structural impacts would justify a reason for refusal. 107. The remaining main heritage impact relates to the impact upon the setting of the listed canal bridge. The indicative house locations would weaken any sense of remaining open setting but such an impact would be unlikely to be worse that those buildings to the south. The impact can also be mitigated with the use of appropriate design, materials, trees and appropriate boundary treatment. The access road would be located approximately 20m to the south of the bridge side wall. The design of the new road has been altered to create a shallower curve into the site, reducing the engineering previously required. The proposed plan shows a complicated arrangement of paths and roads. This could however be altered as part of the detailed scheme to minimise the impact, together with the introduction of stonewalls and hedges. The new infrastructure will however, create more than slight harm to the setting of the bridge. 108. Simply based upon the historical gains and losses, the proposal would have an adverse impact. The impacts will however be less than substantial and must be weighed in the planning balance in accordance with paragraph 134 of the NPPF. The balance is addressed at paragraphs 120 to 123 of this report. Ecology 109. The designated site boundary of the SAC / SSSI incorporates the top of the flood bank adjacent to the beck and includes the present river braiding. The beck needs to be allowed to function as naturally as possible to accommodate the braided channel and increased flows during flood events. The proposed bridge crossing would be an artificial modification which could restrict the beck’s natural functioning. No bridge buttresses, stanchions or bridge supports in the water course or in the zone of the flood channel migration would be permitted. An indicative scheme for a clear span bridge has been provided. This will span the extent of the beck and the associated area over which the water spreads during high water events. The detailed scheme can be controlled by conditions. 110. Natural England has provided a list of information required to assess the impacts of the development upon the beck. The applicant has responded with the submission of further details. These include the removal of non- native species, protection of the beck during construction, an 8m exclusion buffer zone from either side of the beck, this area will not be accessible and no planting other than naturalised plug plants to aid diversity will be carried out and control of lighting. The detailed construction method statement, methodology for the removal of non-native species and biodiversity enhancements through planting can be controlled by condition. 111. The bridge will intrude within the buffer zone. It is however possible to design a bridge which will span the beck and the abraded area to ensure that it does not obstruct flows. Access to the area around the bridge will be restricted and lighting can be designed to ensure spillage into and around the beck is limited. The detail can be secured by conditions. 112. The drainage scheme will incorporate a system of cleansing to ensure that any water discharged in the beck is clean. Such a discharge will also require consent from the Environment Agency. 113. The fields have been used for agriculture and the ecological survey identifies species poor hedgerows and poor semi-improved grassland. While bats use the site it is not considered that they rely on the site and no roosts were found. As the fields to the south of the site and the beck will be protected, the proposals will not adversely affect biodiversity and the scheme will accord with the aims of policy CS8.4 of the Core Strategy. Informal recreation 114. The use of the open space by the public as set out in the accompanying application (SL/2017/0754) will enhance informal recreation provision and the horticultural training. Maintenance will be low key with no associated buildings. The principle therefore accords with policy LA1.10 of the DPD and CS8.3a of the Core Strategy. 115. The provision of public access to the open space (link to SL/2017/0754) and the maintenance of the space will be controlled by a S106 with a management company responsible, similar to spaces on many residential estates. In this case, it is expected that the space will remain the responsibility of the developer and Continental Landscapes who currently maintain much of SLDC open space. The maintenance liabilities will depend upon the type landscaping the company wishes to carry out. A low maintenance meadow would require cutting three times a year. Drainage 116. Site investigations and a drainage strategy have been submitted with the application. The investigation results indicate that disposal via soakaway would not be appropriate. Disposal into the beck is therefore in accordance with the hierarchy when assessing drainage discharge. This will involve the provision of on-site storage and controlled discharge to the beck. 117. While the proposed houses will be within Flood Zone 1 and safe from flooding, the drainage scheme will need to take account of the new Kendal flood modelling, 1:100 year flood event and 35% for climate change. Discharge to the beck should be controlled to greenfield rates. The detailed scheme for the bridge will be required to take account of the high water levels to ensure that the new bridge does not obstruct flows. 118. The County Council as Local Lead Flood Authority and the Environment Agency have no objection to the scheme and an appropriate scheme can be controlled by condition with the detailed design being provided at the reserved matters stage. The scheme is capable of providing a surface water drainage scheme and bridge which would not be at risk of flooding or exacerbate flooding elsewhere in accordance with policy CS8.8 of the Core Strategy and paragraph 103 of the NPPF. As the application is in outline and the details may be resolved at the reserved matters and condition stages, refusal of the application due to lack of detail in not justified. Contaminated land 119. The potential for land contamination at the site and the former canal have been identified in the desk top report. Further investigation is necessary to determine the extent of the contamination and the mitigation necessary to protect health and ground water. Mitigating such contamination would be possible and can be controlled by condition. Such mitigation could however affect the future layout and viability of the scheme.

Other matters 120. The design and siting of the houses will be determined at the reserved matters stage. The site is sufficient size to accommodate 26 dwellings with appropriate separation distance to existing residential properties. 121. The proposal will increase the use of Natland Mill Beck Lane by vehicles with associated noise and disturbance. Natland Mill Beck Lane is however a highway and while the percentage increase will appear significant, the overall numbers will remain relatively low. The increase would not be of a level that which would adversely affect residential amenity at the adjacent dwellings. Planning balance 122. The proposal will provide new homes within Kendal, a Principal Service Centre thereby contributing to the windfall allowance and delivering homes within a sustainable location in accordance with policies CS1.1, CS1.2 and CS2 of the Core Strategy. The provision will include 35% affordable homes as required by policy CS86.4. The development of housing on the area between Helme Drive and the former canal accords with the policies within the Core Strategy, policies LA1.0 and LA1.1 of the DPD and the aims of the NPPF to increase the delivery of housing. 123. The proposal will provide public access to the open space between the beck and Natland Mill Beck Lane enhancing recreation in accordance with policy CS8.3a while safeguarding biodiversity significance and green infrastructure significance as required by policy LA1.10. The designated footpath/cycle path will enhance safety of users in accordance with policy CS10.2. 124. The scheme will however have a minor adverse or less than substantial adverse impact upon heritage and alter the visual amenity of the area. Paragraph 134 states that development which would result in less than substantial harm must be weighed against any public benefit. Paragraph 8 of the NPPF requires that “to achieve sustainable development, economic, social and environmental gains should be sought jointly and simultaneously through the planning system”. A range of other none heritage related public benefits are arising from the proposed development. These include the delivery of new market and affordable dwellings to meet the needs of and boosting the economy of Kendal; and the bringing into public use amenity land. It is considered that the public benefits arising from the scheme outweigh the less than substantial harm to the historic assets and the alterations to the visual amenity of the amenity open space. The proposal will provide sustainable development and accords with the aims of policy CS8.6 of the Core Strategy, policy LA1.10 of the Land Allocations DPD, the aims of section 12 of the NPPF and as a departure from the statutory duty of the Planning (Listed Building and Conservation Areas) Act 1990. Financial benefits to Local Authorities from the development 125. In accordance with the requirements introduced by Section 115 of the Housing and Planning Act 2016. The financial benefits of the proposed development are estimated below. Source Benefit Community Infrastructure Levy Market housing - £142,441 (average house size 150 sq. m for open market) Affordable housing - £30,890 (average house size 61.4 sq. m) Provided that the correct procedure is followed, an exemption could be claimed for £30,890 on the affordable housing Council Tax £ 43,066. The SLDC element will be £4,640 (based on 25 Band D Equivalents). New Homes Bonus £ 21,570. The SLDC element will be £ 17,256 (based on 25 Band D Equivalents, 60% of 25).

126. It is considered limited weight should be attached to the financial benefits arising from the proposed development. 127. Council Tax is an ongoing annual income (currently). The new home bonus now only applies for 4 years and the first 40% of new dwellings are to be disregarded following the December 2016 autumn statement, with the money transferring to adult social care. This calculation doesn’t include the affordable housing enhancement payment. 128. Any financial considerations would add to the overall benefits in delivering the five year housing land supply and identified housing need on this allocated site.

CONCLUSION 129. The development of housing on the area between Helme Drive and the former canal accords with the policies within the Core Strategy, policies LA1.0 and LA1.1 of the DPD and the aims of the NPPF to increase the delivery of housing. The impacts upon the designated amenity open space will be minimised by the works around the periphery retaining the green infrastructure significance and the distinctive characteristics. The provision of housing, public access and cycle/footpath outweigh the minor adverse impacts upon the setting of listed buildings and the open space.

RECOMMENDATION That delegated authority be issued to GRANT planning permission subject to completion of a S106 agreement with regard to the management and maintenance of the surface water drainage scheme, open space and footpath/cycleway, provision of public access to the open space (link to SL/2017/0754) and the provision of affordable housing and conditions in respect of the following: (1) Standard time limit (2) Standard submission of reserved matters details – appearance, landscaping, layout and scale (3) Submission, approval and implementation of a detailed design for the carriageways, footways, cycleways, illumination, bridge and structures based upon drawing number J626/Access/Fig 1 (4) Restriction of housing to the northern section of the site only (5) The highway improvements and footpath to be carried out and made available for use before development of housing site commences (6) Submission, approval and implementation of the foul and surface water drainage systems (7) Submission, approval and implementation of a construction traffic management plan (8) No dwellings to be occupied until estates roads, footpaths, parking and turning for that that dwelling are made available (9) No vehicular access other than via the approved access (10) Construction management scheme to protect amenity (11) Construction management scheme to protect the SAC/SSSI during and post construction (12) Hours of work for site preparation and construction (13) Implementation of the raft systems for the exposed mill leat archaeological feature (14) Submission, approval and implementation of a watching brief, methodology and archaeological report in respect of the buried mill leat (15) Structural condition survey during construction (16) Arboricultural impact and method statements