09-03-26 Planning Committee Agenda and Part L Reports PDF
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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 March 2009, at 10 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 Jackie Cooper Joss Curwen Colin Davies Sheila Eccles Sylvia Emmott (Vice-Chairman) Clive Graham Brenda Gray Frank Hodson Janette Jenkinson Sonia Lawson Paul Little (Chairman) Ian McPherson Maureen Nicholson Brian Wilkinson David Williams 18 March 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] 1 2 AGENDA Page Nos. PART I 1. APOLOGIES To receive apologies for absence, if any. 2. MINUTES 5 - 12 To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 24 February 2009 (copy attached). 3. DECLARATIONS OF INTEREST To receive declarations by Members of personal and prejudicial interests in respect of items on this Agenda. If a Member requires advice on any item involving a possible declaration of interest which could affect his/her ability to speak and/or vote, he/she is advised to contact the Monitoring Officer at least 24 hours in advance of the meeting. 4. LOCAL GOVERNMENT ACT 1972 – EXCLUDED ITEMS To consider whether the items, if any, in Part II of the Agenda should be considered in the presence of the press and public. 5. PUBLIC PARTICIPATION Any member of the public who wishes to ask a question, make representations or present a deputation or petition at this meeting should apply to do so in writing by noon on the day before the meeting. Information on how to make the application can be obtained by viewing the Council’s Website www.southlakeland.gov.uk or by contacting the Democratic 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) 13 –16 (1-94) To determine planning applications received. 7. A REPORT ON ENFORCEMENT ACTIVITY FROM 16 JANUARY 2009 TO 16 17 - 22 FEBRUARY 2009 To inform Members about enforcement activity. 8. A REPORT ON THE OUTSTANDING ENFORCEMENT CASELOAD 23 - 26 BETWEEN 1 JANUARY 2004 AND 16 FEBRUARY 2009. To inform Members about enforcement activity. 9. A REPORT ON ENFORCEMENT ACTIVITY FOR 2008. 27 - 28 To inform Members about enforcement activity during 2008. 10. APPLICATIONS CONSIDERED PREVIOUSLY BY THE PLANNING 29 - 34 COMMITTEE AND DETERMINED BY THE CORPORATE DIRECTOR (COMMUNITIES) BETWEEN 13 FEBRUARY AND 13 MARCH 2009. To note the decisions made by the Corporate Director (Communities) 3 11. APPLICATIONS DETERMINED BY CUMBRIA COUNTY COUNCIL. 35 - 36 To inform Members of the applications determined by Cumbria County Council. 12. APPEALS UPDATE AT 13 MARCH 2009 37 - 45 To provide Members with information about the receipt and determination of planning appeals. PART II Private Section (exempt reasons under Schedule 12A of the Local Government Act 1972, as amended by the Local Government Act (Access to Information) (Variation) Order 2006, specified by way of paragraph number) There are no items in this part of the agenda. 4 Item 2 79 24.2.09 Planning PLANNING COMMITTEE Minutes of the proceedings at a meeting of the Committee held in the District Council Chamber at South Lakeland House, Kendal, on 24 February 2009, at 10.00 a.m. Present Councillors Sylvia Emmott (Vice-Chairman) Alan Baverstock Jane Carson Brian Cooper Joss Curwen Colin Davies Brenda Gray Janette Jenkinson Ian McPherson Brian Wilkinson Apologies for absence were received from Councillors Sheila Eccles, Frank Hodson, Sonia Lawson, Paul Little (Chairman), Maureen Nicholson and David Williams. Officers Nick Hayhurst Planning Officer (Part) Lilian Hopkins Planning Officer (Part) Janine Jenkinson Assistant Democratic Services Officer Matthew Neal Principal Solicitor Andy Roe Development Control Manager Helen Smith Head of Finance (Part) P/122 MINUTES RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting of the Committee held on 27 January 2009. P/123 DECLARATIONS OF INTEREST RESOLVED – That it be noted that Councillor Brenda Gray declared an interest in Minute P/131. P/124 LOCAL GOVERNMENT ACT 1972 – EXCLUDED ITEMS RESOLVED – That it be noted that there were no items in Part II of the Agenda. P/125 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); 5 80 24.2.09 Planning (2) except where stated below, the applications be subject to the relevant conditions and advice notes, as outlined in the Schedule; and (3) except where stated below, the reasons for refusal be those as outlined in the Schedule. P/126 PUBLIC PARTICIPATION Planning Applications RESOLVED – That the following applications, for which representations have been received from members of the public, in accordance with Minute 1810 (1996/97), be determined in the following manner:- 6. SL/2008/1188 BEETHAM: 44 Leighton Beck Road, Slack Head, Milnthorpe. single – storey extension. (Mr and Mrs I West) Mr David Brown, a neighbouring resident spoke in objection to the proposal, and a full copy of his representation is available on the Democratic Services file. Mr Ted Fletcher, the applicant’s agent, responded to the points raised. He asserted that the proposal had been significantly reduced in size in order to mitigate concerns. He highlighted that the Planning Officer had been convinced that the scheme was appropriate and had recommended that the application be granted. A site visit had been undertaken. Members had now had an opportunity to view and assess the issues raised by the proposal. On balance, it was felt that the proposal was acceptable. GRANT – subject to the conditions detailed in the Schedule. 1. SL/2008/0790 KENDAL: Land adjacent to Westmorland General Hospital, Burton Road, Kendal. Erection of nursing home and a block of 21 retirement/close care apartments, parking provision, landscaping and refuse store. (Trianglo Ltd) Diane Meakin commented on the application. She asserted that the development would be beneficial to the area, but queried whether the land would remain the property of Westmorland General Hospital. Mr Graham Bywater, the applicant’s agent responded. He explained that the applicant had initially looked to purchase the land five years ago, during which time the hospital had undertaken a full review regarding the possible usage of the site. The Development Control Manager summarised the details of the application, highlighting that the fundamental issues relating to the proposal were whether the close – care apartments were appropriate in terms of design, scale and siting. He also highlighted the neighbours’ concerns regarding noise and 6 81 24.2.09 Planning lighting issues due to the proximity of the service areas to nearby retail stores. Mitigation measures were proposed to deal with these. A letter would be sent to the Hospital Authority regarding complaints over the rattling drain covers on the access road. GRANT – subject to the conditions set out in the Schedule and an additional condition to cover the details of a surface water attenuation system. P/127 COMPLEX PLANNING APPLICATIONS RESOLVED – That the following applications be determined in the manner set out:- 2. SL/2008/1112 WHITWELL AND SELSIDE: Kit Crag Farm, Selside, Kendal. Erection of agricultural workers dwelling. (A Dixon and Son) The Planning Officer advised Members that the fundamental issue relating to this application was whether it was considered that there was an essential need for an additional worker to be resident on the holding. There were three separate livestock elements to the operation and considerable new investment had been recently made to install a large poultry unit. The Assessment which had been commissioned from the Land Agency in the property Group at Lancashire County Council had concluded that there was no functional need. The Planning Officer commented on the concerns raised by the Assessment, and noted that it had not taken into account figures relating to extended working weeks and the frequency of out of hours call outs. It was also noted that the accounts indicated that the development could be adequately funded. Given the scale of the operation concerned, the remote location and farm circumstances, it was felt a case could be justified. Members felt that the application should be supported due to the evident functional need and emphasised the importance of supporting the farming community. GRANT – subject to outline conditions and an agricultural occupancy condition. 5. SL/2008/1176 FAWCETT FOREST: Martclose, Shap Road, Selside, Kendal. Barn Conversion to three holiday units with single storey link from barn to shippon, including installation of sewage treatment plant. (Mr S Fairclough, C/O Goldseal Windows) The Planning Officer informed the Committee that the agent had confirmed that a borehole would be used to provide an adequate water supply to the holiday units. With regards to issues about the increased usage of the access 7 82 24.2.09 Planning gate and concern that it might be left open, it was reported that the Highways Officer had confirmed that the gate belonged to the landowner. Therefore, a notice could be placed on it, advising people to close the gate. GRANT – subject to the condition detailed in the Schedule and additional conditions to cover details of the water supply provision and details of the sewage treatment plant to be installed prior to occupation.