Public Document Pack 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 January 2017, at 10.00 a.m. in the District Council Chamber, South Lakeland House, Kendal Committee Membership Councillors John Clough Brian Cooper Joss Curwen Philip Dixon Sheila Eccles Sylvia Emmott Gill Gardner Brenda Gray Heidi Halliday John Holmes Helen Irving Janette Jenkinson Kevin Lancaster Pete McSweeney Eric Morrell (Vice-Chairman) Phil Walker David Williams Mary Wilson (Chairman) Wednesday, 18 January 2017 Debbie Storr, Director of Policy and Resources (Monitoring Officer) For all enquiries, please contact:- Committee Administrator: Paul Rogers Telephone: 01539 793497 e-mail: [email protected] 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 5 January 2017 (copy attached). 3 DECLARATIONS OF INTEREST To receive declarations by Members of interests in respect of items on this Agenda. Members are reminded that, in accordance with the revised Code of Conduct, they are required to declare any disclosable pecuniary interests or other registrable interests which have not already been declared in the Council’s Register of Interests. (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting.) Members may, however, also decide, in the interests of clarity and transparency, to declare at this point in the meeting, any such disclosable pecuniary interests which they have already declared in the Register, as well as any other registrable or other interests. 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 prior to the start of 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 Committee Services Team on 01539 733333. (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 DIRECTOR PEOPLE AND PLACES To determine planning applications received. (a) KIRKBY LONSDALE - SL/2016/1015 - Land off Kendal Road, Kirkby 15 - 34 Lonsdale Hybrid Application – Full Planning Application for 78 dwellinghouses, associated infrastructure including landscaping, open space, access, highway and parking arrangements, suds, drainage and land reprofiling works; and Outline Planning Application for B1 / B2 employment space with all matters reserved apart from access. (b) LEVENS - SL/2016/0888 - Land to the east of Greengate Crescent, 35 - 50 Levens Reserved Matters Application for 49 dwellings, landscaping, internal roads and footways and associated infrastructure. (c) HEVERSHAM - SL/2016/0720 - Land opposite Brant House, 51 - 64 Woodhouse Lane, Heversham Erection of two affordable dwellings. (d) URSWICK - SL/2016/1023 - Land adjacent to Daisy Hill Cottage, Great 65 - 80 Urswick Erection of new self-build dwelling and alterations to vehicular access. 7 A REPORT ON MONTHLY ENFORCEMENT ACTIVITY 81 - 88 To consider an update on planning enforcement activity between 1 November and 30 November 2016. 8 APPEALS UPDATE 89 - 102 To consider an update on performance measures and recent appeals as at 26 January 2016. 9 2017/18 BUDGET 103 - 108 To consider the latest draft budget estimates for planning services for 2017/18. PART II Private Section (exempt reasons under Schedule 12A of the Local Government Act 1972, as amended by the Local Government (Access to Information) (Variation) Order 2006, specified by way of paragraph number) There are no items in this Part of the Agenda. This page is intentionally left blank Item No.2 43 05.01.2017 Planning Committee PLANNING COMMITTEE Minutes of the proceedings at a meeting of the Planning Committee held in the District Council Chamber, South Lakeland House, Kendal, on Thursday, 5 January 2017, at 10.00 a.m. Present Councillors Mary Wilson (Chairman) Eric Morrell (Vice-Chairman) Brian Cooper Gill Gardner Kevin Lancaster Joss Curwen Brenda Gray Pete McSweeney Philip Dixon John Holmes David Williams Sheila Eccles Helen Irving Sylvia Emmott Janette Jenkinson Apologies for absence were received from Councillors John Clough, Heidi Halliday and Phil Walker. Officers Mark Balderson Enforcement Officer Una Bell Assistant Committee Services Officer Samantha Bradley Planning and Enforcement Assistant Fiona Clark Planning Officer Nicola Hartley Senior Solicitor Kate Lawson Planning Officer Mark Loughran Development Control Team Leader Paul Rogers Assistant Committee Services Officer P/69 MINUTES RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting of the Committee held on 24 November 2016. P/70 DECLARATIONS OF INTEREST RESOLVED – That it be noted that the following declarations of interest were made:- (1) Councillors Brian Cooper and Kevin Lancaster – Minute No. P/73 (Planning Application No.SL/2016/0537); (2) Councillor Philip Dixon – Minute Nos. P/77 and P/78 (Planning Application Nos.SL/2016/0904 and SL/2016/0960); (3) Councillor Janette Jenkinson – Minute No. P/79 (Planning Application No.SL/2015/0001); and (4) Councillor Mary Wilson – Minute No. P/74 (Planning Application No.SL/2016/0947. Page 5 44 05.01.2017 Planning Committee P/71 LOCAL GOVERNMENT ACT 1972 - EXCLUDED ITEMS RESOLVED – That it be noted that there are no items in Part II of the Agenda. P/72 PLANNING APPLICATIONS The Development Control Team Leader submitted a Schedule of Planning Applications and his recommendations thereon. RESOLVED – That (1) the applications be determined as indicated below (the numbers denote the Schedule numbers of the application); (2) except where stated below, the applications be subject to the relevant conditions and advice notes, as outlined in the Schedule; and (3) except where stated below, the reasons for refusal be those as outlined in the Schedule. PUBLIC PARTICIPATION The following Members of the Public stated that they did not wish to be recorded whilst speaking in respect of Planning Application No. SL/2016/0537 (Minute No. P/73):- Josh Nicholson Robin Nicholson Shirley Nicholson P/73 HUTTON ROOF - SL/2016/0537 - Dwelling for Agricultural Worker on Land on the North Side of Newbiggin Hill, Lupton (Mr and Mrs Robin and Shirley Nicholson) Note - Councillor Kevin Lancaster declared a non-pecuniary interest in this item of business and explained that he went to school with one of the speakers, Mr Stewart Lambert, but had had no discussions with him. Councillor Lancaster remained in the meeting. Note - Councillor Brian Cooper declared a non-pecuniary interest in this item of business and explained that he knew the applicants and, having regard to bias and pre-determination, left the meeting during the discussion and voting thereon. The Development Control Team Leader presented the application and displayed plans and photographs which detailed the proposals. Members’ attention was drawn to the late representations which had been circulated prior to the meeting. The Development Control Team Leader made reference to an additional late representation which had been received on the morning of the meeting which raised, in particular, issues concerning the need for the agricultural workers dwelling to overlook the farm land and the worker living close to the farm so as to supervise stock. The other issues referred to in the representation had been covered in the report. Page 6 45 05.01.2017 Planning Committee Michael Westgate, a local resident, spoke in opposition to the application. He informed the Committee that his property was located close to the proposed dwelling. He felt that the proposal would obstruct some of his views from his property across the rural landscape. He also felt that the proposed dwelling was too large. In referring to the need for the dwelling to overlook farm land with regard to livestock security, he informed Members that all of the windows in the dwelling faced in the opposite direction from the common land which negated the security issue. He felt that the livestock security issue in relation to the proposed dwelling should have been taken into account in the Agricultural Consultant’s report. Ruth Power, a local resident, spoke in opposition to the application. She felt that the Agricultural Consultant’s report was an expert’s opinion and that the Planning Officer’s report was contradictory to that opinion. John Power, a local resident, spoke in opposition to the application. He drew the Committee’s attention to the Agricultural Consultant’s report which stated that the proposal did not fulfil the requirements of the National Planning Policy Framework due to the distance of the farmstead from the proposed dwelling. John Power felt that the applicant had not demonstrated an essential need in accordance with Policy H9 for several reasons including that the proposed dwelling would not be located near the farmstead and the scale of the dwelling was too large for one worker. Stewart Lambert, a local resident, spoke in support of the application. He felt that there was a definite need for the proposed dwelling. He stated that, of the original 18 farmsteads in Lupton, only 6 now remained. He informed the Committee that there had not been any new residential build in nearby Lupton to support farm staff.