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Meetings, Agendas, and Minutes 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, 30 April 2009, at 10.00 a.m. in the 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 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 One Vacancy 22 April 2009 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 - 16 To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 26 March 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) 17 - 62 To determine planning applications received. 7. A REPORT ON ENFORCEMENT ACTIVITY FROM 17 FEBRUARY TO 63 - 69 16 MARCH 2009 To inform members about enforcement activity. 8. RESIDENTIAL MONITIORING FOR THE PERIOD 1 APRIL 2008 TO 71 - 82 31 MARCH 2009 (END OF YEAR REPORT) To note the situation with regards to residential permissions and completions in comparison with the North West Regional Spatial Strategy requirement. 9. APPLICATIONS CONSIDERED PREVIOUSLY BY THE PLANNING 83 - 87 COMMITTEE AND DETERMINED BY THE CORPORATE DIRECTOR (COMMUNTIES) BETWEEN 14 MARCH AND 19 APRIL 2009 To note decisions made by the Corporate Director (Communities). 10. APPEALS UPDATE AT 19 APRIL 2009 89 - 98 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. 3 4 Item No.2 87 26.3.09 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 26 March 2009, at 10.00 a.m. Present Councillors Paul Little (Chairman) Sylvia Emmott (Vice-Chairman) Alan Baverstock Brian Cooper Joss Curwen Colin Davies Sheila Eccles Clive Graham Brenda Gray Frank Hodson Janette Jenkinson Sonia Lawson Ian McPherson Maureen Nicholson Apologies for absence were received from Councillors Jane Carson, Brian Wilkinson and David Williams. Officers Fiona Clark Planning Officer (part) Barry Jackson Planning Officer (part) Janine Jenkinson Assistant Democratic Services Officer Matthew Neal Principal Solicitor Andy Roe Development Control Manager P/135 MINUTES RESOLVED – That subject to the inclusion of Councillor Clive Graham’s apologies, the Chairman be authorised to sign, as a correct record, the minutes of the meeting of the Committee held on 24 February 2009. P/136 DECLARATIONS OF INTEREST RESOLVED – That it be noted that the following declarations of interest were made:- (1) Councillor Alan Baverstock - Minute P/142 (Planning Application No.SL/2008/1220 and No.SL/2008/1219); (2) Councillor Brian Cooper - Minute P/139 (Planning Application No. SL/2008/0900); (3) Councillor Sheila Eccles - Minute P/139 (Planning Application No. SL/2008/0900); (4) Councillor Clive Graham - Minute P/140 (Planning Application No.SL/2008/0075) and Minute P/142 (Planning Application No.SL/2008/1220); and (5) The Chairman, Councillor Paul Little - Minute P/142 (Planning Application No. SL/2009/0007). 5 88 26.3.09 Planning P/137 LOCAL GOVERNMENT ACT 1972 – EXCLUDED ITEMS RESOLVED – That it be noted that there were no items in Part II of the Agenda. P/138 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 (3) except where stated below, the reasons for refusal be those as outlined in the Schedule. P/139 PUBLIC PARTICIPATION Note – Councillor Brian Cooper declared a personal and prejudicial interest in the following item of business, by virtue of the fact that one of the objectors speaking on the item was a personal friend. He left the Council Chamber during the discussion and voting thereon. Councillor Shelia Eccles declared a personal interest in the following item of business, by virtue of being the former Ward Councillor. Planning Applications RESOLVED – That the following application, for which representations have been received from members of the public, in accordance with Minute 1810 (1996/97), be determined in the following manner:- 1. SL/2008/0900 PRESTON PATRICK: Land at Sillfield, Gatebeck. Three Wind Turbines and associated infrastructure. (Sillfield Wind Cluster Limited) The Planning Officer summarised the details of the application, and highlighted that the final decision would be made by the Planning Inspectorate in due course. However in line with legal advice received, the application would be considered following the normal process. Margaret Saunders on behalf of South Lakeland Friends of the Earth, Dr Charlton, Mr Graham Galbraith and Angela Walker, on behalf of L.W.Wilson, spoke in favour of the application and full copies of their speeches have been placed on the Democratic Services file. Mr Bob Robertson also speaking on behalf of Mr Anthony Fitzherbert, Mr Robert McQuarrie, on behalf of STOP, Dr 6 89 26.3.09 Planning Michael Hall, on behalf of FELLS, Mr Peter Watson, Mr Andrew Mccullagh from Yorkshire Dales National Park Authority, Mr John Foster, Mrs Barbara McQuarrie, also speaking on behalf of Anita Yearsley, Mr Martin Weeks, Mrs Nighean Mann also speaking on behalf of Mr Ron Mann and Mrs Anne Bainbridge, spoke in objection to the proposal and full copies of their speeches have been recorded on the Democratic Services file. Councillor Roger Bingham, Sir Christopher Audland also speaking on behalf of Dr Schuler from Europa Nostra and Mr Stephen Robinson raised comments on the application. Copies of their speeches have been placed on the Democratic Service file. Mr Tom Surman, from Whirlwind Renewables, responded on behalf of the applicant. Mr Surman addressed the main issues that had been raised during the public participation. He stated that the siting of the application had been carefully selected as the most suitable location for the scheme and Cumbria County Council’s planning guidance had highlighted that the site could accommodate between three to five turbines. With regards to consultee responses, he highlighted that Natural England, Cumbria Wildlife Trust and the Royal Society for the Protection of Birds had no objections. In relation to comments raised regarding noise, access and the proximity of the footpath to the development, he advised that all appropriate consultation had been undertaken and the necessary policies would be adhered to. He stressed the importance of mitigating the impact of climate change and ensuring that European Union and Government carbon emission targets were meet. The Planning Officer updated the Committee on consultee responses received. The Lake District National Park Authority had no objections to the proposal. The Yorkshire Dales National Park Authority at its Committee meeting held on 10 March 2009 had resolved to formally object to the application on the grounds that the development would seriously impact on the quality and experience of the environment. The Planning Officer reported receipt of 580 letters of objection and 800 letters of support. He advised that all future letters regarding this application should be directed to the Planning Inspectorate dealing with the matter. He advised that Government policy strongly supported the development of renewable energy schemes. Notwithstanding this, issues such as location and impact on surroundings were important considerations. A site visit had been undertaken. Members had now had an opportunity to assess the issues raised by the proposal and the relationship and proximity of the proposed turbines to neighbouring properties. A lengthy discussion took place in which Members considered all the issues that had been raised. 7 90 26.3.09 Planning RESOLVED: That had it been able to do so, the Planning Committee would have refused Planning Permission for the following reasons:- (1) The proposed turbines on this prominent and elevated site would have a substantial and adverse visual impact and would thereby cause unacceptable harm to the character and appearance of the landscape and its surroundings.
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