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]

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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).

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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

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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.

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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. The development is, thereby, in conflict with the objectives of Policies DP7 and EM1 (A) of the Regional Spatial Strategy for North West England; Policies R44 and E37 of the Cumbria and Lake District Joint Structure Plan; and Policies C25 and C26 of the South Lakeland Local Plan;

(2) The significant cumulative landscape and visual effects that would arise from the three wind turbines at Sillfield and the six turbines on the nearby site at Old Hutton would be unacceptable because of the combined scale and prominent features in the landscape. The joint scale of the two wind farms would be beyond the landscape capacity of the Cumbria Joint Wind Energy Supplementary Planning Document and would cause a significant adverse effect on the landscape character. As a consequence, the proposed turbines are in conflict with the objectives of Policies DP7 and EM1 (A) of the Regional Spatial Strategy for North West England; Policies R44 and E37 of the Cumbria and Lake District Joint Structure Plan; and Policies C25 and C26 of the South Lakeland Local Plan;

(3) The development would exert a harmful influence on the living conditions currently enjoyed by neighbouring residents by reason of the scale, proximity and visual impact of the turbines. As a consequence, the proposal is not compatible with the objectives of Policy R44 of the Cumbria and Lake District Joint Structure Plan and Policy C26 of the South Lakeland Local Plan; and

(4) The turbines would impinge, to an unacceptable extent, on the peace and quiet of the public footpath and the bridleway which pass close to the proposed turbines. The development is,

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therefore, incompatible with the objectives of Policy R44 of the Cumbria and Lake District Joint Structure Plan and Policy L10 of the South Lakeland Local Plan.

P/140 STRAIGHTFORWARD PLANNING APPLICATIONS

RESOLVED – That the following applications be determined in the manner set out:-

10. SL/2009/0112 ARNSIDE: Lane House Farm, Far Arnside. General purpose agricultural building. (Mr Edmund Albert)

The Planning Officer reported that a similar application had been refused in January 2007, however he advised that this development differed from its predecessor in two respects. It was accompanied by a detailed appraisal detailing agricultural need and the design of the roof had been improved.

A précis of a letter received from Mr Leech, a local Vet was provided for Members. Mr Leech asserted that there was a strong agriculture need for the proposal in order to provide a facility to undertake lambing and routine treatment.

GRANT – subject to the conditions set out in the Schedule and an amendment to condition (3) to refer to ‘slate being blue/grey in colour and of similar texture to those mined or quarried within the County of Cumbria.

Note - Councillor Clive Graham declared a personal and prejudicial interest in the following item of business, by virtue of the fact that he contracted his services to the applicant. He left the Council Chamber during the discussion and voting thereon.

9. SL/2009/0075 MILNTHORPE: Paper Mill Shop, Unit H Main Line Industrial Estate, Crooklands Road, Ackenthwaite, Milnthorpe. Change of use of part of premises to factory shop. (The Paper Mill Shop)

The Development Control Manager advised the Committee that concerns regarding the shared car parking area and visitor safety could be suitably covered by conditions.

Members considered that the relocation of the premises would support and improve the business and therefore welcomed the application.

GRANT – subject to the conditions detailed in the Schedule and an amendment to condition (2), to clarify that the permission relates to the specific operation of the applicant company only.

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P/141 ADJOURNMENT OF MEETING

The Committee adjourned for lunch at 1.00 p.m. and reconvened at 1.30 p.m. when the same Members were present.

P/142 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:-

2. SL/2008/1173 GRANGE OVER SANDS: Batemans of Grange, Station Square, and Grange over Sands. Erection of supermarket, formation of new SL/2008/1174 car parking and servicing area, landscaping, reconstruction of adjacent car park, including flood mitigation measures and new access arrangements. (Mr G Booth (E H Booth & Co Ltd))

Sian Hunter, Mrs Shapland also speaking on behalf of Mr Shapland, Sarah Wiseman, Alix Jagger, Mr Norman Green, Mr Kevin Hunt and Mr Russell Adams from NJL, a planning consultancy working on behalf of the Co-operative, spoke in objection to the application and full copies of their speeches have been placed on the Democratic Services file.

Mr Frank McCall, raised comments on the application. He addressed issues relating to the sitting of the application, traffic generation and flooding issues.

Mr Steven Abbott, the applicants Planning Consultant responded and addressed the issues raised during the public participation. He stated that the proposal was sited in a central area of Grange. With regards to concerns relating to the loss of existing shops, he stated that business competition was not a material consideration in planning policy.

Three additional letters of objection had been received from persons who had already addressed the Committee raising concerns regarding the robustness of the retail assessment that had been undertaken. Four additional letters of support had also been received.

The Planning Officer reported that the Grange over Sands Regeneration Study had identified that Yewbarrow Terrace and Windermere Road were within the town centre area. Grange had been identified as a key service centre and the South Lakeland Retail Study had identified a qualitative need for a small to medium size supermarket. The impact of the proposal had been assessed in detail and Members had also looked closely at the relationship between the site and older parts of the town centre at their site visit. It had therefore been concluded that the proposal would be consistent with policy and that it

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would not harm the vitality and viability of the town centre.

It was reported that the Highways Authority was content with the scheme and amended highways layout. With regards to design and location the proposal was considered in keeping with surrounding properties.

With regards to the flood risk issue, the Environment Agency had confirmed that the proposed measures would be an improvement and would not prejudice future improvement works.

A lengthy discussion took place and Members gave careful consideration to all the issues that had been raised. The merits of the proposal were considered and the importance of retaining the unique character of Grange was highlighted.

GRANT - Planning Permission subject to the conditions detailed in the Schedule and an amendment to condition (3) to restrict the sale of convenience goods only and no café provision.

GRANT – Conservation Area Consent subject to the conditions set out in the Schedule.

Note – Councillor Alan Baverstock declared a personal and prejudicial interest in the following item of business, by virtue of the fact that he was a Trustee and Director of a sports organisation based in South Lakeland. He left the Council Chamber during the discussion and voting thereon.

Councillor Clive Graham declared a personal and prejudicial interest in the following item of business, by virtue of the fact that he was a local resident. He left the Council Chamber during the discussion and voting thereon.

3. SL/2008/1220 KENDAL: Land at Oxenholme Road, Kendal. Engineering operation to re-grade the site to form two full size rugby pitches and floodlit training pitch; with clubhouse, parking and landscape works. (Morbaine Limited)

Mr Ken Leech, on behalf of Howe Bank (south) Residents and Associate Neighbours and the Triangle Opposition Group spoke in objection to the application. A full copy of this speech is available on the Democratic Service file.

Dr Stephen Green and Mr John Owen spoke in support of the application and full copies of their speeches have been placed on the Democratic Services file.

Mr Alex Brodie, responded on behalf of the applicant. He stated that the proposal would provide a facility which would greatly benefit the South Lakes area. He reassured the Committee that the development would comply fully with the Green Gap policy and guidelines.

It was reported that Cumbria County Council had no objections

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to the proposal in principle. However it had raised issues relating to the sustainability of the location and a number of technical issues concerning highways details, controls over parking, links to public transport and provision for cyclists. With regards to these the applicant’s had confirmed how they intended to address these and believed they could be covered by the imposition of suitable conditions.

Members were advised that on site car parking provision could be controlled by a management agreement, whilst measures to control off site parking would be funded under the terms of a highway agreement.

The Development Control Manager summarised the details of the application highlighting that there was an acknowledged shortfall of formal playing field provision in Kendal and that the fundamental issues to consider were whether the proposal was a justified and appropriate development within the designated Green Gap area and whether the impact of social activities at the clubhouse on local residents was acceptable.

On balance the proposal was considered acceptable.

GRANT - subject to appropriate conditions to include building details, drainage measures and to cover measures raised by Cumbria Highways regarding parking, cycle provision and access requirements.

Note – Councillor Alan Baverstock declared a personal and prejudicial interest in the following item of business, by virtue of the fact that he was a Trustee and Director of a sports organisation based in South Lakeland. He left the Council Chamber during the discussion and voting thereon.

4. SL/2008/1219 KENDAL: Kendal Rugby Union Football Club, Shap Road, Kendal. Redevelopment of site to form retail development with associated car parking and servicing facilities. (Morbaine Limited)

Mr John Owen spoke in support of the application and a full copy of his submission has been placed on the Democratic Service file.

Councillor Jonathan Brook, local Ward Member, raised comments and observations regarding the proposal and a full copy of his speech has been placed on the Democratic Service file.

Mr Alex Brodie responded on behalf of the applicant. He stated that the Planning Consultant had advised that retail activity could be accommodated and would be an appropriate use of the site. With regards to flood risk, he asserted that all necessary measures could be applied to ensure a sustainable drainage

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scheme was established to minimise risk.

Consideration was given to whether there was a justifiable need for an out of town retail development of this nature.

REFUSE due to the following reasons:-

(1) The proposed development is unacceptable by virtue of there being no demonstrable quantitative or qualitative need for the retail element of this proposal; it is of an inappropriate scale; the proposal fails the sequential approach to site selection; the impact of the proposal on the town centre and other centres within the catchment area would be wholly negative; the site is not particularly accessible by any mode of transport to most residents in the town and would have a heavy reliance upon access by the private car. In the absence of any other material considerations in favour of this proposal the development fails all PPS6 policy tests together with Policy R2 of the South Lakeland Local Plan; and

(2) The proposed development would represent an unsustainable form of development by virtue of its heavy reliance upon visitors accessing the site by private car. The development would lead to a material increase in traffic congestion on the local highway network, contrary to the provisions of Policy R2 of the South Lakeland Local Plan.

Note – The Chairman, Councillor Paul Little, declared a personal and prejudicial interest in the following item of business by virtue of being a member of Fellside Forum. He left the Council Chamber during the discussion and voting thereon. Subsequently Councillor Sylvia Emmott took the Chair for the following item.

8. SL/2009/0007 KENDAL: Land off Greenside, backing onto Kendal Fell Golf Course. Erection of booster pumping station. (United Utilities)

Mr Lawson, also speaking on behalf of Mr Driscoll and 17 residents of Greenside, Kendal, spoke in objection to the application. He asserted that the proposal would have a considerable detrimental impact on the amenity of nearby residents, particularly during the construction period. He was also concerned about the impact of noise and vibrations from the pumping station on nearby houses.

Mrs Elizabeth Lawson, on behalf of Fellside Forum spoke in

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objection to application. She highlighted that the proposed site lay within the area designated as Conservation Area, therefore the application was inappropriate for the location and she suggested an alternative siting should be considered.

The Principal Solicitor clarified for Members’ benefit the legal ownership of the land, advising that the Council was the trustee for this area of land.

The Development Control Manager reported that satisfactory noise assessments had been received and noise levels were considered acceptable.

GRANT

Note –The Chairman, Counciilor Paul Little resumed the Chair for the rest of the meeting.

P/143 COMPLEX PLANNING APPLICATION

RESOLVED – That the following application be determined in the manner set out:-

5. SL/2009/0076 EGTON WITH NEWLAND: Summer Hill, Spark Bridge, and Ulverston. Alterations and change of use of dwelling and flat to SL/2009/0077 create 5 Apartments, with new porch extension to north elevation and engineering works. ( Mr & Mrs Campbell)

The Development Control Manager advised Members that issues regarding the private water supply had now been resolved. The Environmental Protection Group had confirmed they were satisfied with the application and recommended that a condition be imposed regarding the measures to be taken.

GRANT - Planning Permission subject to the conditions set out in the Schedule and an additional condition regarding water supply requirements.

GRANT – Listed Building Consent subject to conditions detailed in the Schedule.

P/144 DEVELOPMENT BY SOUTH LAKELAND DISTRICT COUNCIL AND CUMBRIA COUNTY COUNCIL

RESOLVED – That the following applications be determined in the manner set out:-

6. SL/2009/0030 KENDAL: Recreation Ground, Sandylands, Sandylands Road, Kendal. Installation of lighting columns to play area. (South Lakeland District Council)

Members were advised that concerns from a local resident had been received relating to the impact of the application, and the possible increase in anti social behaviour in the area. The height of the columns and the means of controlling the switching

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on of the lights had also been questioned.

GRANT – subject to conditions set out in the Schedule and an amendment to condition (2) to refer to 9 p.m. curfew for lights and an additional condition requiring details of lighting controlled by sensors to be agreed.

7. SL/2009/0031 KENDAL: Low Garth, Hallgarth, Kendal. Installation of lighting columns to play area. (South Lakeland District Council)

Members welcomed the proposal and felt the facility would benefit the area and encourage and increase young people participation in physical activity.

GRANT – subject to conditions set out in the Schedule and an amendment to condition (2) to refer to 9 p.m. curfew for lights and an additional condition requiring details of lighting controlled by sensors to be agreed.

P/145 A REPORT ON ENFORCEMENT ACTIVITY FROM 16 JANUARY 2009 TO 16 FEBRUARY 2009

Members were presented with a report on enforcement activity between 1 January 2004 and 16 February 2009. 45 new complaints had been recorded and were being investigated, of which 25 had now been resolved. An update on those cases involving formal enforcement action was provided for Members information.

RESOLVED – That the report be received.

P/146 A REPORT ON THE OUTSTANDING ENFORCEMENT CASELOAD BETWEEN 1 JANUARY 2004 AND 16 FEBRUARY 2009.

Members were presented with a report on the outstanding enforcement caseload activity between 1 January 2004 and 16 February 2009.

RESOLVED – That the report be noted.

P/147 A REPORT ON ENFORCEMENT ACTIVITY FOR 2008.

The Development Control Manager reported that 313 complaints received in 2008 had been resolved.

RESOLVED - That the report be received.

P/148 APPLICATIONS CONSIDERED PREVIOUSLY BY THE PLANNING COMMITTEE AND DETERMINED BY THE CORPORATE DIRECTOR (COMMUNITIES) BETWEEN 13 FEBRUARY AND 13 MARCH 2009.

RESOLVED – That the report be received.

P/149 APPLICATIONS DETERMINED BY CUMBRIA COUNTY COUNCIL

RESOLVED – That the report be received.

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P/150 APPEALS UPDATE AT 13 MARCH 2009.

RESOLVED – That the report be received.

The meeting ended at 5.15 p.m.

16 AGENDA ITEM NO. 6

SOUTH LAKELAND DISTRICT COUNCIL

From: Corporate Director (Communities) To: Planning Committee – 30 April 2009

REPORT OF CORPORATE DIRECTOR (COMMUNITIES)

PLANNING APPLICATIONS FOR DECISION Page No

Index

Schedule A - Complex Planning Applications 21 - 48

Schedule B - Planning applications where the Corporate Director 49 - 50 (Communities) is seeking authority to determine

Schedule C - Applications relating to Listed Buildings N/A

Schedule D - Advertisements 51 - 52

Schedule E - Development by South Lakeland District Council & N/A Cumbria County Council

Schedule F - Straightforward Planning Applications 53 - 62

Schedule G - All other submissions N/A

Background Papers relating to the subject matter of the Report For all items the background papers are contained in the files listed in the second column of the Schedule Index.

Note: The background papers may be inspected at the offices of The Corporate Director (Communities), Lowther Street, Kendal, Cumbria

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18 SOUTH LAKELAND DISTRICT COUNCIL PLANNING COMMITTEE – 30 April 2009

SCHEDULE REFERENCE SECTION SITE ADDRESS NUMBER NUMBER (Page No)

BARBON 05 SL/2009/0185 A (36) Oaktree Farm, Barbon

BEETHAM 12 SL/2009/0063 F (57) Lunesdale House, Hale

BURTON 06 SL/2009/0187 A (38) Browside, Vicarage Lane, Burton-in-Kendal

GRANGE-OVER-SANDS 02 SL/2009/0118 A (24) Former Kents Bank Hotel, Kentsford Road, Grange Over Sands 03 SL/2009/0155 A (30) Black Rock, Morecambe Bank, Grange Over Sands

HOLME 10 SL/2009/0151 D (51) Holme Community Centre, Milnthorpe Road, Holme

KENDAL 11 SL/2008/1262 F (53) 1 Castle Rise, Kendal

KIRKBY LONSDALE 08 SL/2009/0226 A (45) Unit 7, Kirkby Lonsdale Business Park, Kendal Road, Kirkby Lonsdale

LEVENS 07 SL/2009/0188 A (41) Deerholme, Levens

MANSERGH 04 SL/2009/0171 A (34) Hawkrigg Farm, Mansergh

MIDDLETON 09 SL/2009/0210 B (49) Barn At Sowermire Farm, Middleton

MILNTHORPE 13 SL/2009/0080 F (60) Highfield, Ackenthwaite, Milnthorpe

URSWICK 01 SL/2008/1073 A (21) Causeywood Bungalow, Great Urswick

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20 SCHEDULE A

Complex Planning Applications

SCHEDULE No. 01

SL/2008/1073 URSWICK: CAUSEY WOOD BUNGALOW, GREAT URSWICK, ULVERSTON PROPOSAL: EXTENSIONS AND ALTERATIONS AND SITING OF WIND TURBINE FOR DOMESTIC AND AGRICULTURAL USE

MR STOREY SHARP

30/04/2009 E326454 N474668

SUMMARY: The proposed extensions to the bungalow are acceptable in terms of scale and design. The wind turbine has been re-sited to improve its separation distance with the surrounding residential properties and also remove it away from the brow of the hill. This should help to reduce the visual and noise impacts within the locality.

URSWICK PARISH COUNCIL: No objections.

ENVIRONMENTAL PROTECTION MANAGER (SLDC): Based on the noise information supplied and the revised siting for the mast this proposal is unlikely to cause a noise nuisance to local residents, as the nearest property is approximately 120 metres away.

OTHER: Three letters of objection were received from the occupiers of the residential properties nearby to the original scheme and a further letter has been received in response to the amended scheme. They raised the following concerns: • adverse visual impact and visual prominence in the landscape; • inadequate information has been provided on noise impacts; • the turbine may have flashing/flickering effects; • potential impact on television reception in the locality;

21 • impact on residential amenity; • potential impacts on birds – the turbine will be located close to the flight path of wild birds. The neighbours have been reconsulted on the revised position for the turbine now proposed and also the noise levels provided. Any further comments will be reported at the meeting.

HISTORICAL CONTEXT: Planning permission was approved for the erection of an agricultural building on the land in front of the farm complex in 2007. Members deferred the current application following a site visit in January 2009 as they wished an alternative siting for the turbine to be investigated further.

DESCRIPTION & PROPOSAL: Planning permission is sought for various alterations and extensions to the existing bungalow and also for the siting of a wind turbine adjacent to the farm buildings. The proposed extensions involve the addition of a new conservatory extension on the rear elevation and an extension to two existing bungalows on the side elevation. The extensions will be constructed of traditional materials. It is also proposed to convert the existing garage into a utility room and also to install a glazed canopy around the periphery of the eastern half of the bungalow facing the open fields. The original position for the turbine proposed was approximately 30 metres to the west of the bungalow. A revised plan has now been submitted which illustrates the turbine 60 metres to the west of the bungalow. The turbine proposed is to be 12 metres in height to the top of the tower with a blade diameter of 8 metres. The turbine is to be used to generate power that is to be used by both the farm and the domestic property.

POLICY ISSUES: Policy S2 of the South Lakeland Local Plan sets out the Design Code for South Lakeland. Local Plan Policy C25 relates to renewable energy proposals. It states: Proposals for renewable energy generation projects based on resources derived from natural physical processes, or biological activity or from waste products will be favourably considered where: (a) the energy generation and other benefits outweigh any identified environmental impact; and (b) the proposals are consistent with established best practice. Policy C26 of the Local Plan sets out the criteria that all wind energy development should be judged against. It states that the proposal should not have an adverse impact on the amenity of residential properties by reason of visual impact, noise, shadow flicker and reflected light. The visual impact of the turbine within the landscape is also a key consideration. Policies DP7 and EM1 of the North West of England Plan (Regional Spatial Strategy [RSS] to 2021) seek to protect the character and appearance of the rural landscape.

22 Government policy and guidance specific to renewable energy is contained in Planning Policy Statement (PPS) 22 (Renewable Energy), the companion guide to PPS22 and the supplement to PPS1 (Planning and Climate Change).

HUMAN RIGHTS ACT: The provisions of the Act are relevant in so far as they relate to the right to respect for private and family life and the peaceful enjoyment of property.

ASSESSMENT: The existing bungalow is of a simple form. The proposed extensions and alterations are acceptable in terms of scale and design and will improve the external appearance of the building. Although the revised siting for the turbine will increase the detachment from the main building group it will move the structure away from the brow of the hill where it will be less prominent within this rural locality. The applicant’s agent has supplied some additional information on the type of turbine proposed which confirms that it does not generate excessive noise levels. The revised siting will also ensure that the separation distance with the surrounding residential will be in excess of 50 metres recommended by the British Wind Energy Association. The Environmental Protection Manager has confirmed that the separation distance is acceptable and this turbine in the revised location is unlikely to cause nuisance to local residents.

RECOMMENDATION: GRANT subject to:- Condition (1) The development hereby permitted shall be commenced before the expiration of THREE YEARS from the date hereof. Reason (1) To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

Condition (2) This permission relates to the plans drawing numbers 3627/07/08/02, 3627/07/08/03, 3627/07/08/04 and the revised layout plan drawing number 3627/07/08/05 Rev A deposited with the Local Planning Authority on 23 March 2009. For the avoidance of doubt the wind turbine hereby approved shall not exceed a maximum of 12 metres in height from ground level. Reason (2) For the avoidance of doubt and to ensure that the wind turbine hereby approved does not have an adverse impact on the amenity of this rural locality.

REASON FOR GRANTING PLANNING PERMISSION: The proposed extension and alteration to the dwelling are considered to be acceptable in terms of scale and design in accordance with Policy S2 of the South Lakeland Local Plan. The proposed wind turbine is considered to be acceptable and will not have a significant adverse visual impact on the locality, or the amenity of nearby residents in accordance with Policies C25 and C26 of the South Lakeland Local Plan.

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23 SCHEDULE A

Complex Planning Applications

SCHEDULE No. 02

SL/2009/0118 GRANGE OVER SANDS: FORMER KENTS BANK HOTEL, 96 KENTSFORD ROAD, GRANGE-OVER- SANDS

PROPOSAL: REMOVAL OF CONDITIONS 5,6,7,8,9 & 10 (RE OCCUPANCY) ON PLANNING PERMISSION SL/2006/0637 30/04/2009 KENTSFORD LTD E339736.3 N475793.2

SUMMARY: The loss of holiday accommodation may be outweighed by the provision of local occupancy and affordable housing. However, there are concerns with regard to the compatibility of permanent residential use and the bar/restaurant at ground floor. It is necessary to ensure that the use of the apartments does not compromise the operation of the bar/restaurant which is considered to provide an important local facility.

GRANGE OVER SANDS TOWN COUNCIL: The Town Council objects to this application for the following reasons: • at the time of the application to convert the hotel into holiday apartments, the Town Council commented that the accommodation did not seem appropriate for the declared purpose. Once built it was felt that a subsequent change of use to private residences would become inevitable; • during the previous application to convert the hotel, it was stated that one apartment would be used for staff. It transpires that two apartments have been occupied by staff and will continue to be so, even though there would be no holiday flats to look after; • the proposal does not include affordable housing provision; • there is no reason to suppose that the bar/restaurant will be any more successful in the next two years than in the last two. It can be anticipated therefore that there will be an application to convert the bar/restaurant to residential use. The lack of profit under the current operator should not be an excuse to lose the bar/restaurant facility forever.

24

CUMBRIA TOURISM: At the time of the previous application to convert the hotel to self catering accommodation, the business case was accepted as the scheme retained some visitor tourism infrastructure which is vital to Grange-over-Sands’ future as a holiday destination. Cumbria Tourism advised that it was important to market the units through Cumbria Tourism’s Destination Management System and adopt a flexible and competitive approach to letting and pricing. This should produce viable levels of occupancy and profitability in a location such as Grange-over-Sands. In Cumbria the average occupancy for self-catering accommodation across Cumbria was 59%. The figures for 2008 are likely to be lower but not markedly so. Occupancy levels in South Lakeland have been typically higher at 63%. Whilst there is not a breakdown for Grange-over-Sands, Cumbria Tourism is of the opinion that if marketed, managed and let through appropriate channels the apartments would and should provide a viable business model. Neither the online Destination Management System for Cumbria nor the holiday guide are used by the owners of the apartments. There is very little information on the website for the apartments and it does not say whether the units are Visit Britain accredited. As such it is suspected that marketing efforts have been limited. Given the above it is not considered that there is a strong case for removal of the conditions imposed on the previous application. The loss of the holiday apartments would further erode the visitor infrastructure of Grange-over-Sands.

CULTURE AND ECONOMY GROUP (SLDC): The accommodation is priced significantly higher than other self-catering accommodation in Cumbria sleeping a similar number of people. While it is appreciated that the accommodation appears to be of a high standard it has not been inspected, therefore it is difficult to compare the accommodation to that of similar grading. Whilst the website for the apartments portrays a good image, there are very few links to other websites which promote the area and may attract people to stay in the apartments. Importantly there is no accommodation available for 2009. It would be unfortunate for Grange-over-Sands to loose good quality accommodation for visitors to the area, especially in the light of regeneration initiatives in the town. The property could become significantly more successful if the price were reduced and other marketing avenues were explored.

ENVIRONMENTAL PROTECTION GROUP (SLDC): Concern has been raised with regard to the potential for noise from the bar/restaurant to cause a nuisance to residents. The insulation within the building is probably inadequate to prevent nuisance or significant loss of amenity arising. The applicant was requested to carry out a detailed noise assessment and mitigation scheme. Without such an assessment and any necessary mitigation work, the Environmental Health Officer, has advised that there are serious concerns with regard to the compatibility of permanent residential units and a bar/restaurant, particularly one which includes live entertainment and music to 2am.

25 As an alternative to carrying out such an assessment, the Environmental Health Officer has advised that the revocation of the license which allows music until 2am and occupation of the basement flats only by either staff or holiday accommodation, the objection would be withdrawn. It has however, been advised that the bar/restaurant will require a high level of management to prevent a nuisance and that in the event of noise nuisance occurring, an abatement notice would be served on the owners or occupiers. This could include a requirement to carryout additional noise insulation or closure of the facility.

OTHER: Two letters objection have been received. Reasons for objection include: • an application to convert the accommodation to permanent homes was predicted by local residents at the time of the previous application; • tourism facilities should be protected as it is the towns main income; • it is easy to spend vast amounts on marketing with little response, experience in local requirements is vital. Advertising on the radio has taken place but not in the three main local papers. This is necessary to get local people into the premises; • the website is hard to find and the tariffs are expensive. A similar apartment at Hazelwood Court is between £365 and £620 while Kents Bank’s were between £500 and £800. The apartments have only been available to book between November 2007 and December 2008; • there may be reasons why the business is not working such as the apartments are too expensive, too much borrowed money invested in the building. On many occasions the bar is empty and people do not use the facility because of this. Maybe inexperience in running a business is a factor; • it can be argued that pubs across the country are closing down. The Guide- over-Sands in Allithwaite has closed but The Pheasant and The Cavendish are doing well. Tourism officials have predicted that 2009 is likely to be a boom year for UK tourism because of the low value of the pound and UK residents opting to holiday at home. Three other letters have been received which raise no objection in principle and state that the flats should be used as permanent local occupancy or affordable accommodation which is better than an empty building.

HISTORICAL CONTEXT: An application to convert the hotel into apartments was submitted in December 2004. Members considered that the conversion of the public bar would result in the loss of a community facility, adversely affecting the amenities available to the residents of Kents Bank and the surrounding area. It was also considered that the loss of the hotel accommodation would adversely affect the role of Grange-over-Sands as a tourism destination thereby weakening the local economy. Members did not consider that the applicant had provided clear evidence that the facility was no longer viable or that it had been adequately marketed to secure its reuse. Planning permission was therefore refused.

26 The applicant appealed against the refusal of planning permission. The Inspector dismissed the appeal agreeing with the Council that the loss of the facility would clearly harm the area’s vitality and that the lack of viability of the hotel had not been convincingly demonstrated. He was of the opinion that the loss of eight hotel bedrooms would be of only modest significance in numerical terms but more so in terms of maintaining a healthy variety in character, price and location of accommodation. A revised application was received in June 2006 which proposed to retain a slightly smaller bar/restaurant and provide six holiday apartments and an apartment for a member of staff. The proposal accorded with Policies T2a and T3 of the Local Plan which allow for the conversion of hotels into self-catering holiday apartments.

DESCRIPTION & PROPOSAL: The application seeks to remove a number of conditions on planning permission SL/2006/0637 which restricts the use of six of the apartments to holiday accommodation and one to staff accommodation. It is proposed that the two apartments in the basement would be available for use as either staff or affordable accommodation and the remainder would be subject to the standard local occupancy restriction. The site is located in a prominent position to the west of Kentsford Road, Kents Bank. The site is within the Grange-over-Sands Conservation Area. The building is an imposing three-storey Victorian structure elevated above road level, with views over Morecambe Bay. There is currently a bar/restaurant at ground floor with five holiday apartments above and one holiday apartment and a Manager’s apartment in the basement.

POLICY ISSUES: Policy H11 of the South Lakeland Local Plan states that within Development Boundaries the conversion of buildings to residential dwellings will be permitted where: • the building is served by a satisfactory access; • services are available on the site; • the number of dwelling is appropriate to the surroundings; and • it will not result in the loss of significant architectural or historic features. Interim Planning Approach to Housing Development (IPATH) states that all sites of four or more units are required to provide at least half of the units as affordable. The policy does provide flexibility where it is clearly demonstrated by the applicant that these requirements would render the development unviable. Policy C16 seeks to ensure that development in Conservation Areas, including changes of use, preserve or enhance the special character and appearance.

HUMAN RIGHTS ACT: The provisions of the Act are relevant in so far as they relate to the right to respect for private and family life and the peaceful enjoyment of property.

27 ASSESSMENT: There are three main issues for consideration in this case: • the loss of holiday accommodation; • the amount of affordable housing proposed; and • the compatibility of permanent residential accommodation and the bar/restaurant at ground floor. In 2006 the applicant submitted an application to convert the Kents Bank Hotel into self catering holiday apartments with the retention of the bar and restaurant at ground floor. Previous applications to convert the property into residential units had failed to convince the Council and an Inspector that the hotel was not capable of being a viable concern. However, as the Local Plan specifically states that conversion of hotels into self-contained holiday accommodation will be permissible, planning permission was granted for the scheme. The applicant now seeks to convert the holiday units into permanent dwellings. The scheme as submitted would provide five units for local occupancy and the two basement units as either affordable housing or for occupation by manager/employees of the bar/restaurant. Local Plan policies do not protect self-catering accommodation. As the majority of houses are not restricted in terms of occupancy, they can be used as second homes or short-term holiday homes at any time and by any person. It is therefore considered that the need for local occupancy housing in the District outweighs the need to retain self-catering holiday accommodation. Two of the units subject to this application have been sold by the applicant. The application has however been submitted for all units for simplicity. While the IPATH policy relates to all the units referred to in the application, it is only reasonable to apply this strictly to those within the applicants control. The applicant retains control of five of the units, one of which has a restriction on occupation to staff of the bar/ restaurant. The applicant has submitted accounts relating to the bar/restaurant. The rent level does however appear to be to be on the high side, but even accounting for this the facility is running at a loss. Accounts relating to the development of the site have also been submitted. The development costs given are in line with similar schemes and the prospective sale values are also reasonable. The provision of two affordable units as required by the IPATH would result in a low level of profit. It is proposed that the two basement flats would be subject to a Section106 Agreement allowing occupancy by staff of the bar/restaurant or as affordable housing. Such a scheme would give the operators of the bar/restaurant the flexibility to provide staff accommodation at an appropriate cost and continue to run the facility. It will also ensure that whatever the future holds for the bar/restaurant, two affordable units will be available in the building. The final issue relates to the compatibility of permanent residential accommodation and the bar/restaurant at ground floor. The presence of a bar/restaurant at ground floor was considered to be a selling point for the holiday apartments and occupiers would accept noise generated. However, the Environmental Health Officer has serious concerns with regard to the compatibility of the proposed uses. A noise assessment and mitigation measures has been requested but the applicant is unwilling to carryout this work. The applicant is concerned that the introduction of additional sound insulation would involve considerable disruption to the apartments.

28 As a compromise the Environmental Health Officer has advised that revocation of the music license and occupation of the basement flats as staff or holiday accommodation would suffice. He has however, highlighted that should a noise nuisance arise, action to abate the nuisance would be taken. The suggestions made by the Environmental Health Officer would restrict the operation of the bar/restaurant and could place a significant financial burden upon the small bar/restaurant. As the bar/restaurant is considered to be an important local facility, the main issue of concern is that in allowing the use of the apartments as permanent residential accommodation, the Council could be jeopardising its future. The suggested restrictions would also prevent the provision of the basement units as affordable housing. On this basis no affordable housing would be provided for now or the future. Unless an alternative solution can be found, it may be considered that the balance between the retention of holiday accommodation and permanent home provision swings in the favour of retaining the holiday accommodation and the resulting employment and tourism opportunities. The applicant has been made aware of these concerns and given the opportunity to find an alternative arrangement to overcome them. The response will be reported at the Planning Committee.

RECOMMENDATION: The Corporate Director (Communities) to report on the issues raised by the application and the response of the applicant to the concerns raised with regard to the compatibility of the uses and the provision of affordable housing.

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29 SCHEDULE A

Complex Planning Applications

SCHEDULE No. 03

SL/2009/0155 GRANGE OVER SANDS: BLACK ROCK, MORECAMBE BANK, GRANGE- OVER-SANDS

PROPOSAL: DWELLING

MR MARK WALMSLEY

30/04/2009 E340831 N477855

SUMMARY: The site consists of a garden within Grange-over-Sands and would provide a new dwelling in a sustainable location. The proposal includes adequate car parking within the site and the design and scale will protect the character of the Conservation Area. It is not considered that the congested access arrangements within a private road warrants refusal as there is alternative parking on nearby public car parks.

GRANGE OVER SANDS TOWN COUNCIL: Objection: • the design of the building is not in keeping with the surrounding properties; • the height of the building is considered to be intrusive from the eastern elevation, which is the public view from the promenade

CUMBRIA HIGHWAYS: No objection to the proposed development as it is considered that the proposal does not affect the public highway.

NORTH WEST AMBULANCE SERVICES NHS TRUST CUMBRIA: Access and egress for this area is very difficult and on occasions the service has not been able to access properties. Additional parking will exacerbate this problem. Examination of alternative access/parking or parking prevention to ensure that ambulance service vehicles do not encounter delays has been requested.

30 NATURAL ENGLAND: To be reported.

OTHER: 6 letters of objection have been received from the occupiers of properties on Morecambe Bank. The main reason for objection relates to existing congestion around the access from Main Street and parking on Morecambe Bank. Morecambe Bank is a narrow cul-de-sac that is regularly subject to congestion due to parking by residents and non-residents who randomly park along the road while visiting the Bank and shops on Main Street. This seriously obstructs vehicular movement for all residents. It is debateable whether there is enough physical room for any form of additional traffic which would exacerbate these problems. The parking places indicated cannot be accessed and the retaining wall alongside the footpath is already week. Ambulances have not been able to draw close to a residence and have to park on Main Street and shuttle patients to and from the ambulance. This was the case when a resident suffered a heart attack in 2008 and when an elderly lady attends hospital appointments. Alternative parking could be accessed via the Main Street car park. Other concerns relate to the design and scale of the proposal. The site originally served as ornamental gardens for the Edwardian houses on Morecambe Bank. Morecambe Bank is already over-developed and the erection of a modern looking building would harm this open space, be deeply intrusive on the surrounding scenery and residences and will not preserve or enhance the Conservation Area.

HISTORICAL CONTEXT: There is no planning history on the site.

DESCRIPTION & PROPOSAL: The site is located at the bottom of Morecambe Bank, Grange-over-Sands. Morecambe Bank is a narrow private road and is accessed via narrow streets from Main Street. Both Morecambe Bank and the nearby streets are congested with parking by residents and shoppers. There is a three storey Edwardian terrace along the northwest side of the street, which forms a prominent feature when viewed from the promenade. This is situated between the terrace and the railway/promenade and consists of a garden area at a lower level than the terrace. To the north-east of the site there is a mixture of property design which have a variety of heights, gables and balconies. Directly to the south-east there is a public footpath running from the public car park to the railway crossing at Bailey Lane. The site is retained above this footpath by a wall of approximately 2.5 metres in height. It is proposed to erect a three-bedroom house on the site. The building would take advantage of the site levels and would be single storey on the Morecambe Bank side and two storey on the elevation toward the promenade. The design combines a green flat roof at either side of the building with a small slate pitched roof running through its centre. It is proposed to insert one obscure glazed window serving the hall into the elevation facing Morecambe Bank and larger vertical windows running the full height of the building on the east and southern elevations. A terrace and parking area for two cars is also proposed.

31 POLICY ISSUES: Policy ST5 of the Cumbria and Lake District Joint Structure Plan designates Grange Over Sands as a key service centre where new development should be focused. Policy H5 of the South Lakeland Local Plan states that new dwellings will be permitted in Grange Over Sands subject to satisfactory density, design, layout, landscaping and access details. The South Lakeland Interim Approach to Housing states that the occupancy of new housing in South East Cumbria will be restricted to people with a local connection to the area. Planning Policy Guidance Note 15 – Planning and the Historic Environment, Policy E38 of the Cumbria and Lake District Joint Structure Plan and Policy C16 of the Local Plan seek to ensure that development within Conservation Areas either preserves or enhances the special architectural and historical interest. The Character Appraisal for Grange Over Sands identifies Morecambe Bank as a terrace which has a positive contribution to the character and appearance of the Conservation Area. Policy S2 of the Local Plan seeks to ensure that development takes account of existing distinctive local character, this should not exclude good contemporary architecture. The proportions, detailing and building materials should be appropriate to the setting and context.

HUMAN RIGHTS ACT: The provisions of the Act are relevant in so far as they relate to the right to respect for private and family life and the peaceful enjoyment of property.

ASSESSMENT: The main issues in this case are the access arrangements and the impact of the proposal on the Conservation Area. Grange Over Sands is designated as a key service centre where development should be focused. The site forms part of the garden for Black Rock, thus constituting brown field land. The occupancy of all new dwellings in this location should be subject to a restriction to people with a local connection. The access to the site is from Main Street via narrow streets. Morecambe Bank itself is a private road used for parking by residents and shoppers which creates congestion and hinders access to property. The applicant does however own part of the road and has a right of access. Cars park along the opposite side of the road and in the area at the bottom. The scheme, as amended would provide two generous car parking spaces which are accessible with cars parked on the opposite side. The site can accommodate adequate parking and there is also public car parks nearby. The site is divorced from the highway and the applicant has a right of access along the private road. It is therefore not considered that the existing congestion on Morecambe Bank warrants refusal of an additional dwelling in this town centre location. Morecambe Bank is an attractive and prominent feature when viewed from the promenade. Any development must therefore protect their setting and ensure that the design and scale is appropriate to the surroundings. The proposed building has a contemporary design which reflects the strong vertical emphasis of the terrace at Morecambe Bank together with the gables and balconies of the villa style properties to the north. The height has been kept low by the use of a green flat roof to either side with a narrow slate pitch running through the centre. The building would

32 obscure a small portion of the upper part of Morecambe Bank but the majority of the terrace would be uninterrupted. However, as the design, proportions and materials would respect the setting and contact of the site, it is considered that the proposal would protect the character of the Conservation Area. When viewed from Morecambe Bank the proposal would have the appearance of a single storey building. The roof design will ensure that the building does not dominate the street scene or the properties opposite. The terrace at Morecambe Bank has a floor level between approximately 1.5 metres higher than the proposed house. At a distance of approximately 11 metres from the front of Morecambe Bank to the new house, it not considered that that proposal would have an overbearing impact. A large window has been proposed on the elevation facing Morecambe Bank to break up the bulk and ensure the appearance is appropriate. This window would be obscurely glazed and serve a hall. The door has been inserted into the south elevation at right angles to the terrace. These features have been designed and sited to protect the privacy of occupiers in Morecambe Bank. In conclusion, the proposal would provide a house for occupation by a ‘local person’ in a sustainable location. There is adequate car parking available within the site and the design and scale will protect the character of the Conservation Area. It is not considered that the congested access arrangements within a private road warrants refusal as there is alternative parking on nearby public car parks.

RECOMMENDATION: Subject to a satisfactory conclusion to negotiations over the details, the application be GRANTED subject to conditions relating to the following: (1) Standard time limit; (2) Amended Plans; (3) Local Occupancy; (4) Materials; (5) Architectural detailing; (6) Boundary treatments/screening of parking area; (7) Ground and floor levels; (8) Provision of parking spaces prior to occupation; (9) Management of site during construction work; (10) Implementation of surface water drainage scheme; (11) Use of obscure glass and prevention of further openings in the west elevation facing Morecambe Bank; (12) Removal of permitted development.

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33 SCHEDULE A

Complex Planning Applications

SCHEDULE No. 04

SL/2009/0171 MANSERGH: HAWKRIGG FARM, MANSERGH,

PROPOSAL: Conversion of barn to dwelling, holiday cottage and joiner's workshop

MR J COWIN

30/04/2009 E359756 N482552.2

SUMMARY: This proposal is broadly compatible with Policies H12 and T4 of the South Lakeland Local Plan.

MANSERGH PARISH MEETING: Comments to be received by 13 April 2009.

NATURAL ENGLAND: Objects – whilst the previous survey addresses concerns relating to bats, insufficient information has been submitted in relation to the impact on barn owls. A further survey and appropriate mitigation is required.

HISTORICAL CONTEXT: A similar proposal was submitted last year but was withdrawn before a decision was made.

DESCRIPTION & PROPOSAL: This stone built, slate roofed barn is part of the building group at Hawkrigg, a working farm in the Lune Valley to the east of Old Town. Holiday chalets have been established on land adjacent to the farm buildings following a planning permission granted in 2003. The barn in question stands opposite the farmhouse and is to be converted into a three- bedroom dwelling, a one-bedroom holiday cottage and a joiner’s workshop. An extension is to

34 be added to the southern elevation of the building; various additions and lean-to’s are to be removed. The architect has confirmed that the barn is structurally sound. It is understood that the applicant is a Member of the family that farms Hawkrigg and who currently lives in Kirkby Lonsdale.

POLICY ISSUES: In July last year Council reinstated the application of Local Plan Policy H12 relating to the residential conversion of buildings outside development boundaries. The reinstatement is seen as a further measure to improve the supply of housing and is on the basis that 50% of dwellings are provided as affordable and 50% for local occupancy housing, with a restricted definition of local occupancy relating to the parish and then adjoining parishes. A conversion into a single dwelling is subject to the local occupancy restriction. One of the criteria of Local Plan Policy H12 is that the building should be of traditional stone construction and capable of conversion without substantial modification to, or reconstruction of the existing structure. Policy T4 of the Local Plan supports the conversion of traditional buildings into self- catering holiday accommodation subject to defined criteria being met. Local Plan Policy S2 requires development to take account of the South Lakeland Design Code.

HUMAN RIGHTS ACT: The provisions of the Act are relevant in so far as they relate to the right to respect for private and family life and the peaceful enjoyment of property.

ASSESSMENT: Without the extension, the proposal would be compatible with the aims and objectives of Local Plan Policies H12 and T4. The need for the extension has been queried with the architect who has been advised to amend the scheme so that the whole of the conversion is within the confines of the stone-built barn. The joinery workshop is not the ideal neighbour for the holiday cottage but, in view of the relatively small-scale nature of the proposed conversion, the potential incompatibility is a matter for the applicant rather than the Local Planning Authority. Provided the extension is removed, planning permission can be granted for the conversion into a dwelling, holiday cottage and joinery workshop. The dwelling will need to be the subject of a legally-binding Agreement to ensure that it is available for local occupancy, in accordance with the provisions of the reinstated Policy H12. In this case, Members may agree that the definition of “locality” should include the parishes of both Mansergh and Kirkby Lonsdale.

RECOMMENDATION: The Corporate Director (Communities) will advise on the success, or otherwise, of negotiations. Planning permission can be granted if the extension is removed, subject to the completion of an Agreement made under Section 106 of the 1990 Planning Act to ensure that the dwelling is available for occupation by local persons.

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35 SCHEDULE A

Complex Planning Applications

SCHEDULE No. 05

SL/2009/0185 BARBON: OAKTREE FARM, BARBON,

PROPOSAL: REMOVAL OF CONDITION 4 ON PLANNING APPLICATION SL/2008/0437 (OCCUPANCY RESTRICTION ON EXISTING FARMHOUSE)

MR JOHN PEDLEY

E362767 N482727

SUMMARY: The condition in question cannot be enforced and should, therefore, be deleted from the planning permission. GRANT.

BARBON PARISH COUNCIL: No objections.

HISTORICAL CONTEXT: Outline planning permission for a farm worker’s dwelling at Oak Tree Farm was granted in September last year. Agricultural occupancy conditions were attached to both the existing farmhouse and the proposed dwelling. Members may recall visiting Oak Tree Farm to view the application site. Reserved Matters Approval was obtained last month.

DESCRIPTION & PROPOSAL: Condition 4 attached to the outline planning permission for the farm worker’s dwelling at Oak Tree Farm states that: Occupation of the existing dwelling shown edged blue on the attached plan shall be limited to a person wholly or mainly employed or wholly or mainly last employed locally (in either case for a continuous period of not less than one year) in agriculture, as defined by Section 336(1) of the Town and Country Planning Act 1990, or in forestry or the dependants of such persons residing with him or her (but including the widow or widower of such a person).

36 A similar condition attached to the planning permission relates to the proposed dwelling. The agricultural occupancy conditions to both the existing farmhouse and the proposed farm worker’s dwelling has been the normal practice of the Council since the early 1980s. In this instance, although the application site of the second dwelling is owned by the applicant, the farmhouse is tenanted. As a consequence, the agricultural occupancy condition pertaining to the current farmhouse is unenforceable and void. The Council’s Principal Solicitor has confirmed the legal position.

POLICY ISSUES: The explanatory text relating to Local Plan Policy H9 states that: “where the existing dwellings on the holding are not subject to an occupancy condition, the Council may also seek a Planning Obligation to control their occupancy.”

ASSESSMENT: The condition in question would be enforceable if the current farmhouse and the proposed dwelling were in the same ownership. It is not, however, enforceable or appropriate in the circumstances pertaining to the ownership of land and buildings at Oak Tree Farm. Condition 4 was attached to the planning permission on the erroneous understanding that the farmhouse and the application site were in the same ownership. The fact that they are not renders Condition 4 void and it should therefore, be removed from planning permission SL/2008/0437. Condition 3, which imposes the agricultural occupancy condition on the proposed dwelling, will remain unaffected.

RECOMMENDATION: GRANT

REASON FOR GRANTING PLANNING PERMISSION: Condition 4 attached to planning permission SL/2008/0473 cannot be enforced and is, therefore, void.

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37 SCHEDULE A

Complex Planning Applications

SCHEDULE No. 06

SL/2009/0187 BURTON IN KENDAL: BROWSIDE, VICARAGE LANE, BURTON, CARNFORTH

PROPOSAL: DWELLING

MR M FISHWICK & MS K SKIDMORE

30/04/2009 E353415 N476901

SUMMARY: In principle, a dwelling on this site is acceptable but there are concerns over its position in relation to the neighbouring property and over one of the trees which is to be retained.

BURTON IN KENDAL PARISH COUNCIL: No objections but express grave concern over possible loss of so many mature trees.

CUMBRIA HIGHWAYS: No objections.

HISTORICAL CONTEXT: None.

DESCRIPTION & PROPOSAL: Vicarage Lane lies on the northern edge of the village; Browside is a relatively large detached house within a substantial garden. The eastern end of the garden is occupied by a detached garage which stands close to the boundary with the adjacent property, Nessfield. The garage is to be demolished and a detached two-bedroom, two-storey house is to be built. The house will be gable end-on to Vicarage Lane; the front and rear gables are to be faced with stone with the sidewalls finished with a wet-dash render. Grey, concrete tiles will cover the roof.

38 The house is to be built 3.5 metres from the boundary shared with Nessfield and is to be set back 3 metres from the front wall of this neighbouring property. At the rear, the new house will extend 5.5 metres beyond the rear wall of Nessfield. Two vehicle parking spaces are to be provided between the house and Vicarage Lane. There is a group of eight trees within the eastern part of the garden of Browside. The mature specimens will probably have been planted at the same time as Browside was built in the mid-1930’s. Three of the mature trees are to be felled, two Larch and a Scots Pine. Because of their poor structural form, poor vigour and signs of decay these trees would have to be removed, whether or not the proposed house was built. The Council’s arboricultural advisor agrees with the submitted tree report’s conclusions and recommendations although he has queried the effect of the realigned boundary on the root system of one of the trees which is to be retained.

POLICY ISSUES: The application site is within the development boundary of Burton-in-Kendal as defined by the Local Plan. The proposal, therefore, falls to be considered against the background of Policy H5 of the Local Plan. Local Plan Policy S2 explains the South Lakeland Design Code and requires new development to take account of its principles.

HUMAN RIGHTS ACT: The provisions of the Act are relevant in so far as they relate to the right to respect for private and family life and the peaceful enjoyment of property.

ASSESSMENT: The proposal could be seen as a form of infilling on the northern side of Vicarage Lane. The main issues raised by this proposal are: • whether the new dwelling will exert a harmful influence on the neighbouring property, Nessfield; • the effect of the development on the group of trees in the garden of Browside; and • whether the design, scale and materials are appropriate for this particular locality. There is to be a gap of 3.5 metres between the eastern wall of the new house and the boundary shared with the neighbouring property, Nessfield. In addition, there are to be no window openings in this elevation and neither are there any habitable room windows in the facing elevation of Nessfield. In these respects, the relationship between the two is acceptable. Of some concern, however, is the extent (5.5 metres) by which the new house will project beyond the rear wall of Nessfield. This matter has been raised with the applicants. The three trees to be felled are in a poor condition and the submitted Tree Report recommends their removal, irrespective of any future development impact. Replacement trees, appropriate for a domestic garden, are to be planted. The potential impact of the realigned boundary on the root system of one of the trees which is to be retained has been raised with the applicants.

39 The design, scale and materials of construction are in keeping with the varied, mostly modern, building styles along Vicarage Lane. The scale and appearance of the house is appropriate in this context.

RECOMMENDATION: The Corporate Director (Communities) will report on the outcome of negotiations concerning the positioning of the dwelling in relation to the neighbouring property and the effect of the realigned boundary on one of the trees to be retained.

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40 SCHEDULE A

Complex Planning Applications

SCHEDULE No. 07

SL/2009/0188 LEVENS: DEERHOLME, LEVENS, KENDAL

PROPOSAL: NEW DWELLING

MR MARK WILLACY

30/04/2009 E348657 N485881

SUMMARY: Proposed dwelling on garden land within the development boundary of Levens village. Issues have been raised regarding the scale of the proposed dwelling relative to the size of the plot.

LEVENS PARISH COUNCIL: Commends the clever use of space, they have tried to be sympathetic to the area and style of the existing adjacent properties, creatively addressed. They have no objection to this application.

CUMBRIA HIGHWAYS: Requests conditions relating to the surfacing of the access drive, access gates and a highway water drainage system.

OTHER: Three letters of objection have been received which raise the following concerns: • the property is disproportionate to the size of this small plot of land; • the design is not in keeping with the character of the area; • due to its height and proximity to the road it will dominate the space; • it will result in overlooking on the property opposite;

41 • the garage is too high; • it will have an adverse impact on highway safety because of the proximity of the house to the road.

HISTORICAL CONTEXT: There is no relevant planning history on the site.

DESCRIPTION & PROPOSAL: This application relates to the garden area of a semi detached dwelling on the southern side of Church Road in Levens. The application site consists of the garden to the south west of Deerholme which fronts on to Church Road and backs on to open fields. This garden area narrows towards the south-west boundary where there is an existing detached garage. The boundary adjacent to the highway verge consists of a stone wall, part of which is overgrown. A wall has been erected between Deerholme and the site, adjacent to the existing access. The nearby properties on this side of the road are mainly two storey detached and semi-detached dwellings. The buildings on the opposite side of the road are predominantly detached bungalows. Planning permission is sought for the erection of a detached two-storey dwelling. It will be sited towards the south-west of the site and front directly on to the highway verge. As such, most of the stone wall be removed along the highway edge. The main section of the dwelling will be 9.9 metres in length (as viewed from the highway) and 5.4 metres wide, with an eaves height of 4.5 metres and a ridge height of 6.5 metres. The land to the rear of the site is lower than at the front so the dwelling will be higher at the rear. A lower two-storey element on the north-east side of the dwelling would be set back slightly from the main frontage and form a gabled extension 9.5 metres long to the rear of the site. There is one window at first floor in this elevation. There is also a small single storey lean-to extension proposed on the side of the property which will be 1.8 metres wide at the front and will extend 6.7 metres back. The scheme includes a garage which would be positioned adjacent to the boundary with Deerholme which will be parallel to the highway. It will be set back 0.7 metres from the boundary wall with the road which is to be dropped to 1 metre in height to avoid restricting visibility. The garage will be 5.8 metres in length, 4.1 metres wide with an eaves height (from road level) of 2.1 metres and a ridge height of 3.6 metres. A new access will be created next to the garage and will be 4.6 metres wide. The boundary wall will be continued at 1 metre in height for 2.8 metres along the boundary after which will be a pedestrian access then the beginning of the dwelling. Both the dwelling and garage will be roughcast rendered and have a slate roof. A parking and turning area is proposed at the north east of the site. It will be enclosed by a boundary wall and a grassed area with planting. The boundary wall will be continued around the rear of the dwelling where there will be a grassed and patio areas.

POLICY ISSUES: Policy H5 of the South Lakeland Local Plan states that new dwellings will be permitted in Levens subject to satisfactory density, design, layout, landscaping and access details.

42 The South Lakeland Interim Approach to Housing states that the occupancy of new housing in South East Cumbria will be restricted to people with a local connection to the area. Policy S2 of the Local Plan seeks to ensure that development takes account of existing distinctive local character, this should not exclude good contemporary architecture. The proportions, detailing and building materials should be appropriate to the setting and context.

HUMAN RIGHTS ACT: The provisions of the Act are relevant in so far as they relate to the right to respect for private and family life and the peaceful enjoyment of property.

ASSESSMENT: The main issue with regards to this application is the scale of the dwelling in relation to the size of the plot and the impact on the character of the area. Levens is identified as a settlement which is suitable for growth. The site forms part of the garden for Deerholme and as such constitutes brown field land. The occupancy of all new dwellings in this location should be subject to a restriction to people with a local connection. The siting of the dwelling on the plot has been largely determined by various constraints. There is a United Utilities drain running across the site which restricts building work to no closer than 3 metres from the sewer. This has constrained the dwelling to the narrowest part of the site. The widest part of the site is to be used for turning and parking. The dwelling has been sited on the roadside boundary to provide the largest possible area of private garden to the south of the property. A level access doorway on the ground floor is required by Building Control which means that the main part of the dwelling cannot be set lower than the road level. It is not unusual in Levens for properties to be sited up to the highway. Most of the proposed dwelling will face between the two bungalows on the opposite side of the road which are set at a higher level than the road. There is approximately 19 metres between the front wall of the proposed dwelling and the closest property opposite, Hillside. Given this distance and the difference in ground levels between the proposal and these bungalows, there should not be a significant adverse impact on daylight or privacy at these properties. The siting of the dwelling on the south-west of the site leaves a good separation distance from Deerholme, and as such there should be no adverse impacts on daylight to this property. There is one window proposed at first floor in the side elevation of the dwelling facing this property. However, as the new dwelling is at the front of the site, the position of the window should not result in overlooking on the adjacent dwelling. The front elevation of the main section of the dwelling is quite traditional in style with three timber-framed windows at first floor, two at ground floor and a timber boarded door. There is also a chimneystack at both ends of the main part of the dwelling which is typical of traditional buildings in this area. The walls will be roughcast rendered and the roof will be slate which is in keeping with the character of the area. The south elevation has been designed with a more contemporary approach using larger windows which will allow passive solar gain. This elevation is not as prominent and as such should not adversely affect the character of the locality, although the site is visible from the A590.

43 Discussions have taken place with the applicant’s agent to try to reduce the bulk of the proposal. They are looking into lowering the height of the garage as well as the height of the smaller two-storey element of the extension. Providing that suitable alterations are made to the scheme, on balance the scale and design of the dwelling should not have an adverse impact on the character or appearance of the area or the amenities of the neighbouring properties.

RECOMMENDATION: Subject to a satisfactory conclusion to negotiations over the details, the application be GRANTED subject to conditions relating to the following: (1) Standard time limit; (2) Materials; (3) Local Occupancy; (4) Removal of permitted development; (5) Provision of parking spaces prior to occupation; (6) System of surface water drainage; (7) Surface of access drive; (8) Landscaping scheme;? (9) Boundary treatments;?

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44 SCHEDULE A

Complex Planning Applications

SCHEDULE No. 08

SL/2009/0226 KIRKBY LONSDALE: UNIT 7, KIRKBY LONSDALE BUSINESS PARK, KENDAL ROAD, KIRKBY LONSDALE

PROPOSAL: CHANGE OF USE TO RETAIL SALES (RETROSPECTIVE)

MR ADAM HOUGHTON (HOUGHTON EQUESTRIAN) 30/04/2009 E359891 N478796

SUMMARY: Retail uses are not generally encouraged on business parks. In this case, however, the applicant argues that the bulky nature of feedstuffs for horses and other livestock is not well-suited to a shop on the High Street.

KIRKBY LONSDALE PARISH COUNCIL: The Council is disappointed that this retail usage has been allowed to continue for so long. It is felt that South Lakeland District Council should enforce its own policy here, where trading has continued contrary to what it is permitted, and will thus set a precedent. The continued use is likely to threaten other businesses in the town and the Town Council calls for short enforcement action to be taken.

CUMBRIA HIGHWAYS: Has concerns that this development will set a precedent for retail development on this site.

KIRKBY LONSDALE CHAMBER OF TRADE: Object - An extraordinary meeting of the Kirkby Lonsdale Chamber of Trade and Commerce was held on Monday 17 November 2008 in order to discuss the impending application for change of use by Houghton Equestrian at Kirkby Lonsdale Business Park, Kirkby Lonsdale and the nature of the business that this company is currently running from the premises.

45 The meeting was attended by the executive committee of the Chamber of Trade, representatives from the Kirkby Lonsdale Town Council and a cross section of the general membership of 72 businesses from in and around the Kirkby Lonsdale area. The meeting concluded with the resolution to write to express an objection to the plans on the grounds that: 1. the granting of permission to operate a retail business at the Business Park close to Kirkby Motors on the A65 threatens the integrity of the heart of Kirkby Lonsdale as a retail environment; 2. granting permission to one business on the business park is likely to open the flood gates for others; 3. the membership would even object to the granting of wholesale permission as the business in question appears to have operated a retail business by the “back door” for a number of days - claiming to be a wholesale operation but acting as a retail operation thereby demonstrating the blurred interface between these two types of business arrangements and the difficulties that would be associated with policing such an operation. The membership would therefore only be happy to see permission granted for the business to operate a showroom and storage facility; 4. the membership feels that the Business Park was originally created to provide a different type of business environment from the retail nature of business that is conducted in the centre of the town and therefore a different type of employment opportunity. The membership would like to see this difference maintained. The Chamber of Trade did not object to the creation of the Park when it was established for this reason. The Park in its current format provides a vital ingredient to the mix of commercial operations in the Kirkby Lonsdale area; 5. changing the nature of the business on this Business Park would add to the concerns that many members have regarding safety on A65. Furthermore it is appropriate to point out that one of the Chamber of Trade members enquired about locating his retail pet food business on the Business Park as the units were being constructed. On discovering that retail permission would not be available he discontinued his interest and located in the centre of town. To grant any other business permission to operate in a way that constitutes retail would be unfair to this particular trader as he has observed the rulings in force and behaved accordingly. The members welcome the business that any new commercial operation brings to the Kirkby Lonsdale area and it is hoped that Houghton Equestrian will develop their business to fit the permission of the site they occupy i.e. they operate a showroom and storage facility and conduct their business on their customers premises by delivering and selling direct. The vote to raise this objection was passed unanimously on behalf of the 72 member strong organisation with representation from all types and sectors of members business present at the meeting.

KIRKBY LONSDALE CIVIC SOCIETY: To be reported.

46 OTHER: A letter of objection has been received from a shopkeeper in Kirkby Lonsdale. His objection to this application reads as follows: “The granting of this permission would impact on our business directly and the precedent it would set would impact on the town in general, while I am aware that “unfair competition” is not a planning consideration I think that in this case the issue does carry some weight. As I have already stated the granting of this permission would impact on our business, as it already has over the last few months. I don’t think that Houghton Equestrian would take all of our trade but they would take enough (probably 25% - 30% based on the overlap of goods we both stock and trends since late November) to make our position here paying town centre rent and rates unviable, the same can be said of any business in town as once the precedent is set then the flood gates will open, we will see shops in the town closed long term, thus making the town less attractive to visitors, the life blood for many businesses not just shops but also the pubs, restaurants and cafes, all major employers. You may think that I paint a bleak picture but it is the one that I see, I would be as opposed to any retail outlet outside town regardless of them being in competition with us or not, it is the thin end of the wedge and can only harm Kirkby Lonsdale.” A further letter of objection has been received from a person who owns and rents several shops in Kirkby Lonsdale who is concerned that it is opening the gates to an out of town shopping centre. He believes another trader on the estate will also apply if this is successful and wonders if the Council will be offering compensation/reduced rates for town centre shops for the problems that could be caused if this is approved.

HISTORICAL CONTEXT: The site now known as the Kirkby Lonsdale Business Park has a lengthy planning history but the units, housed in two buildings, were completed relatively recently following a planning permission granted in 2006. This consent permits the units to be used for offices, light industry and general industry (ie Use Classes B1 and B2). Four of the units are, however, being used for purposes which are not, strictly speaking, compatible with Use Classes B1 and B2. Unit 6 is a Bathroom Showroom; Unit 1 is occupied by a company that supplies home cinema systems; Unit 5 is used as a showroom that supplies and installs kitchens; and Unit 7, which is the subject of this application is used for the retailing of equestrian and livestock feeds and supplements together with horse-and-rider-wear.

DESCRIPTION & PROPOSAL: The Kirkby Lonsdale Business Park stands on the southern side of the A65 outside of the town and adjacent to the Kirkby Motors garage and petrol station. Retrospective consent is sought for the continued use of Unit 7 for the retail sale of feeds and supplements for horses and livestock together with the sale of equipment associated with horses (saddles, bridles) and clothes and boots for horse-riders. The business began trading from Unit 7 last November.

47 POLICY ISSUES: Local Plan Policy E6 does not permit the change of use of employment premises to non-employment uses unless the current use is unneighbourly or the change of use could assist a move to more suitable premises. Retail premises are not considered to be employment uses in the context of Use Classes B1 and B2 (light industry and offices) and B2 (general industry).

ASSESSMENT: The main argument put forward by the applicant in favour of planning permission being granted is that his is not a retail business which is well suited to the High Street. The major part of his business is the sale of horse and livestock feeds; these are bulky items and, as a consequence, premises on a business park are preferable than in a town centre. Pet foods are not sold from Unit 7 but clothes and footwear for horse-riders are retailed form the first floor of the buildings. As a general rule, retail uses are not encouraged on business parks. There are, however, some forms of retailing which are not well-suited to High Street location and the sale of bulky horse-and-livestock feeds would fall into this category. The applicant does, however, also sell clothes and footwear which do not need an out-of- centre location.

RECOMMENDATION: The Corporate Director (Communities) will report on the issues raised by the application.

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48 SCHEDULE B

Planning Applications where the Corporate Director (Communities) is seeking authority to determine

SCHEDULE No. 09

SL/2009/0210 MIDDLETON: BARN AT SOWERMIRE FARM, MIDDLETON,

PROPOSAL: BARN CONVERSION TO FORM DWELLING INCLUDING INSTALLATION OF SEPTIC TANK

MR MICHAEL GERMAN

30/04/2009 E362865.1 N484333.1

SUMMARY: The proposal is consistent with the aims and objectives of the reinstated Local Plan Policy H12. Members will note the applicant’s request for an extended definition of “locality”. GRANT.

MIDDLETON PARISH MEETING: Comments to be received by 01 May 2009.

CUMBRIA HIGHWAYS: To be reported.

ENVIRONMENTAL PROTECTION GROUP (SLDC): To be reported.

NATURAL ENGLAND: To be reported.

HISTORICAL CONTEXT: None.

49 DESCRIPTION & PROPOSAL: Sowermire is a working farm in the Lune Valley to the north of Barbon. The farmsteading comprises a farmhouse with an adjoining residential conversion, the barn which is the subject of this application and a range of agricultural buildings. To the north of the building group is a detached dwelling, High Sowermire, which is in a separate ownership. The building in question is a traditional stone and slate barn within the building group between the farmhouse and High Sowermire. It is to be converted into a four-bedroom dwelling. The structural engineer’s report describes the building as being in “quite good condition”. Access to Sowermire is along a narrow, adopted lane from the A683. The applicant is aware of the terms of the reinstated Local Plan Policy H12 but because Middleton is such a sparsely populated parish has requested that, in this instance “locality” be extended to include Kirkby Lonsdale.

POLICY ISSUES: In July last year Council reinstated the application of Local Plan Policy H12 relating to the residential conversion of buildings outside development boundaries. The reinstatement is seen as a further measure to improve the supply of housing and is on the basis that 50% of dwellings are provided as affordable and 50% for local occupancy housing, with a restricted definition of local occupancy relating to the parish and then adjoining parishes. A conversion into a single dwelling is subject to the local occupancy restriction. One of the criteria of Local Plan Policy H12 is that the building should be of traditional stone construction and capable of conversion without substantial modification to, or reconstruction of the existing structure. Local Plan Policy S2 requires development to take account of the South Lakeland Design Code.

HUMAN RIGHTS ACT: The provisions of the Act are relevant in so far as they relate to the right to respect for private and family life and the peaceful enjoyment of property.

ASSESSMENT: The barn is of a traditional stone and slate construction, is structurally sound and is part of a group of buildings which contains three dwellings. The elevational treatment is straightforward and generally makes use of the existing openings in the building. The building is, therefore, a candidate for a restricted occupancy conversion under the provisions of the reinstated Local Plan Policy H12. In view of the fact that Middleton is such a sparsely populated parish it is recommended that the definition of “locality” be extended, in this case, to include the parishes of Barbon, Casterton, Kirkby Lonsdale and Mansergh.

RECOMMENDATION: The Corporate Director (Communities) be authorised to issue a planning permission, with appropriate conditions, once a Section 106 Agreement has been completed. The Agreement will ensure that the conversion is available for occupation only by local persons.

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50 SCHEDULE D

Advertisements

SCHEDULE No. 10

SL/2009/0151 HOLME: HOLME COMMUNITY CENTRE, MILNTHORPE ROAD, HOLME,

PROPOSAL: FREESTANDING SIGN

HOLME COMMUNITY CENTRE

30/04/2009 E352082 N478877

SUMMARY: The proposed roadside sign will not detract from the appearance of this part of Holme to a significant extent. GRANT.

HOLME PARISH COUNCIL: Comments to be received by 22 April 2009.

HISTORICAL CONTEXT: Outline planning permission was granted in April 2006 for a building to house a community centre and a multi-purpose sports hall together with the use of adjacent land for sports and recreation. A detailed permission was granted in December last year.

DESCRIPTION & PROPOSAL: The site for the community centre/sports hall is between Milnthorpe Road and the railway line. It is understood that the sign will publicise the proposed development. It will stand 3.2 metres high and the signboard will measure 2.4 metres by 1.2 metres. The sign will be displayed towards the southern boundary of the site adjacent to Milnthorpe Road. The application is being report to the Planning Committee because one of the Members of the Council is closely associated the Holme Sports and Community Centre Committee.

51 POLICY ISSUES: Local Plan Policy S20 states that advertisements and signs will be strictly controlled in order to ensure compatibility with their surroundings and to minimise clutter. The proposed sign is to be displayed in an Area of Special Control of Advertisements. Policy S21 of the Local Plan sets out the criteria against which signs in such Areas are to be judged.

ASSESSMENT: The proposed sign, which will publicise the community centre/sports hall development, will not detract from the character and appearance of this part of the village. Although 3 metres tall and occupying a roadside position it will not be detrimental to road safety and nor will it significantly detract from the living conditions currently enjoyed by nearby householders.

RECOMMENDATION: GRANT subject to:- Condition (1) All advertisements displayed and any site used for display of advertisements, shall be maintained in a clean and tidy condition to the reasonable satisfaction of the Local Planning Authority.

Condition (2) Any hoarding or similar structure, or any sign, placard, board or device erected or used principally for the purpose of displaying advertisements shall be maintained in a safe condition.

Condition (3) Where any advertisement is required under these Regulations to be removed, the removal thereof shall be carried out to the reasonable satisfaction of the Local Planning Authority.

Condition (4) Before any advertisement is displayed on land in pursuance of the consent, the permission of the owner of that land or other person entitled to grant permission in relation thereto shall be obtained.

REASON FOR APPROVAL OF ADVERTISEMENT CONSENT: The sign is compatible with the aims and objectives of Policy S20 of the South Lakeland Local Plan.

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52 SCHEDULE F

Straightforward Planning Applications

SCHEDULE No. 11

SL/2008/1262 KENDAL: 1 CASTLE RISE, KENDAL

PROPOSAL: REAR SINGLE STOREY EXTENSION & TWO STOREY SIDE EXTENSION, PORCH AND FORMATION OF PARKING AREA

MR & MRS KEVIN REGAN

30/04/2009 E352585.2 N492136.1

SUMMARY: On balance the scheme is acceptable. GRANT CONDITIONALLY.

KENDAL TOWN COUNCIL: Approve.

CUMBRIA HIGHWAYS: The parking area should measure 5 metres by 5 metres. Conditions relating to drive gradient, access gates, surface water drainage, surfacing of access drive, nothing higher than 1 metre within the visibility splays should be applied.

OTHER: One neighbour has raised a number of concerns over the application: • the extension, because of its size and proximity to the shared boundary will result in the following: 1. loss of light/overshadowing 2. a feeling of loss of spaciousness 3. overlooking & loss of privacy/visual intrusion • the extension will seem imposing and “out of character” with the surrounding free space around houses on Castle Drive;

53 • concerns regarding how close the extension is to the boundary at the rear end of the extension; • the submitted plans don't accurately show the distance between the extension and the boundary. The garden area is exaggerated to look larger than it is; • concerns about the visibility of the side retaining wall from 42 Castle Drive.

DESCRIPTION & PROPOSAL: 1 Castle Rise is a semi-detached former Council property which fronts on to Parkside Road, occupying an elevated position with steps leading up to the front door. It is constructed of red brick, the first floor being rendered, and has a hipped slate roof. The house and garden are separated from the road by a grass verge, footpath and a section of concrete verge. The property is at a higher level than the property to the west, 42 Castle Drive The proposals involve the excavation of part of the front garden to create off-street parking, the erection of a front porch, a two-storey side extension and a single storey rear extension which also extends across the rear of the two-storey extension. The two-storey side extension is set back from the front of the dwelling by 1.2 metres and extends to the rear wall of the property. It projects from the side of the house towards the shared boundary with 42 Castle Drive to the west by 3 metres. Currently the land slopes away from the house towards this boundary so underbuilding is necessary and a retaining wall is proposed adjacent the shared boundary. The extension will be rendered and have a hipped slate roof which is 0.3 metres beneath the ridge of the dwelling. There are no windows at first floor level. Three windows at ground floor level which serve a utility room, downstairs WC, and study are all obscure-glazed. A path is to be maintained to the rear of the property requiring the construction of a retaining wall. Because the shared boundary with 42 Castle Drive is at an angle the two-storey extension comes within 1 metre of the hedge boundary at the rear, and 1.9 metres at the front. A rendered porch with hipped slated roof is proposed at the front of the two-storey extension to provide a new entrance into the property, although the existing access steps will be retained. At the rear of the property a single storey extension will project 3.1 metres. It also extends across the rear of the two-storey extension. Because of the angled boundary with 42 Castle Drive, the western side of the single storey extension will be 0.6 metres from the edge of the boundary hedge at its closest point. It will have a hipped slated roof, and is set back from the shared boundary with the attached property to the east, 2 Castle Rise, by 1.3 metres. Rear patio door and windows look out over the rear garden. No windows are proposed in the eastern or western side elevations of this extension. The parking area will be positioned adjacent to the shared boundary with 42 Castle drive covering an area measuring 6 metres by 4.8 metres which will allow the parking of two vehicles off the highway. It will be block paved with a stone-faced retaining wall facing the highway.

POLICY ISSUES: The Authority has adopted Guidelines on Domestic Extensions. Policy S2 of the South Lakeland Local Plan sets out the South Lakeland Design Code and requires development applications to take proper account of its principles. It is relevant to consider the effect of the extensions on the residential enjoyment of neighbouring

54 properties. The protection of residential amenity is a recognised material consideration in deciding whether planning permission should be granted.

HUMAN RIGHTS ACT: The provisions of the Act are relevant in so far as they relate to the right to respect for private and family life and the peaceful enjoyment of property.

ASSESSMENT: The main issues to consider are the impact of the proposals on highway safety, the character of the property and area, and the amenities of properties nearby. This part of Parkside Road is a busy classified road, and the proposed car parking area is close to the junction with Castle Drive. The benefit of this off-street parking area will be a reduction in the number of cars currently parked on the highway in this area, which reduces the carriageway width. Parking and turning cannot be accommodated within the curtilage of the dwelling as is normally required by the Highway Authority, but few of the properties on Castle Rise with driveways are able to accommodate this facility. Although the depth of the parking area is slightly less than the Highway Authority would normally wish, providing the other conditions required by Cumbria Highways are met, this element of the scheme is judged to be acceptable. The appearance of the proposals in relation to the existing dwelling and the wider street scene are acceptable. The construction materials match those of the dwelling, and the two-storey element has a hipped roof configuration, is set back from the front elevation and has a ridge height lower than the roof of the dwelling. The side extension is not so wide that it unbalances the appearance of the property. Although porches are mostly absent from the properties on Castle Rise, the proposed porch is set back and is of a small and simple design. Some of the properties further along the road have driveways, and the proposal in relation to the off-street parking retains a section of garden area. It is considered that the rear extension will not significantly impact on the attached property to the east because it has been set back from the shared boundary in order to comply with the Council’s 45° code in relation to the neighbour’s kitchen/dining room. The hipped roof configuration of the rear extension also contributes to the mitigation of any impact on this property. The main issue to consider is the impact of the proposals on the semi-detached property to the west, 42 Castle Drive which is set at an angle with 1 Castle Rise. The application site is positioned at a higher level than this property, and the two storey and single storey elements come close to the shared boundary. The application site is to the east of 42 Castle Drive, and therefore sunlight into the house and garden should not be significantly affected. It is considered that the aspect from inside the property itself will be largely unaltered as the rear windows face north-east rather than directly towards the proposed extensions. From the garden, the side elevation will appear much closer than at present, although not to the extent that it will be overbearing. 42 Castle Drive has a greenhouse and large evergreen shrub close to the shared boundary which does provide some screening. It is the single storey element of the scheme that comes closest to the shared boundary which consists of a hedge of varying widths, but which measures up to a metre wide in places. The distances from this hedge boundary are quoted from the edge of the hedge on the side of the application site rather than from the middle of the hedge.

55 There have been inaccuracies in the drawings submitted, but a further drawing has now been submitted. The difficulties in citing precise measurements to the property boundary when the shared boundary is a thick hedge are acknowledged. The ground floor windows are obscure glazed in order to prevent overlooking, and a condition can be attached in order to maintain them as such and prevent the installation of other windows in this side elevation in the future. There will be a footpath at the side of the property which would provide an elevated view into the garden of 42 Castle Drive as it is much closer to the boundary hedge than the existing path, but not to an extent which would warrant refusal of the application. It is considered that the proposals will not significantly harm the amenities of the occupiers of 42 Castle Drive, and that on balance the proposals are acceptable.

RECOMMENDATION: The application be GRANTED subject to conditions relating to the following: (1) Standard time limit; (2) Amended plan; (3) Highways issues; (4) Restricted permitted development in relation to additional windows; (5) Requirement for obscure glazing, and the maintenance thereafter.

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56 SCHEDULE F

Straightforward Planning Applications

SCHEDULE No. 12

SL/2009/0063 BEETHAM: LUNESDALE HOUSE, HALE, MILNTHORPE

PROPOSAL: FIRST FLOOR EXTENSION

MR C D GREEN

30/04/2009 E350759.5 N478191.6

SUMMARY: GRANT.

BEETHAM PARISH COUNCIL: No comments received. The consultation period for comments expired on 02 March 2009.

ENVIRONMENTAL PROTECTION GROUP (SLDC): Further information on drainage arrangements has been requested from the applicants. The nursing home is not served by non-mains drainage.

OTHER: One letter of concern has been received raising the following issues: • this extension will give rise to an extensive slate roof visible from the A6 which would detract from the appearance of the main house in this Area of Outstanding Natural Beauty; • concerns over the capacity of the septic tank to accommodate further expansion of the nursing home.

57 DESCRIPTION & PROPOSAL: Lunesdale House is a nursing home which fronts onto the A6 at Hale. It is a traditional building constructed from dressed limestone with a hipped slated roof set in its own grounds. It has undergone a number of alterations and additions, with rendered wings added to the north and south facing elevations in recent years. The proposal involves the creation of one additional bedroom at first floor level through extensions and alterations to the roof of the existing wing of the property to the north- west elevation. At present there are two wings which project in a north-westerly direction, one from the original house, and one from a rear extension to the house. The two are separated by a small courtyard area. The rear wing is higher than the wing at the front of the building and is able to provide bedroom accommodation in the roof space accessed by a link extension which is sited between the two wings, facing into the courtyard. The proposal involves extending the roof of the front wing so that it will rise up to the eaves level of the original house, and extending the existing link in order to create an additional bedroom which will face into the courtyard area. A velux rooflight will be installed into the roofslope fronting the A6. The ridge of the front wing is being raised by 0.6 metres, but set back 1 metre from its current position. The hipped roof configuration will be retained. Other than the velux the room will have one window which faces the courtyard area.

POLICY ISSUES: The Authority has adopted guidelines on extensions. Policy S2 of the South Lakeland Local Plan sets out the South Lakeland Design Code and requires development applications to take proper account of its principles. It is relevant to consider the effect of the extensions on the residential enjoyment of neighbouring properties. The protection of residential amenity is a recognised material consideration in deciding whether planning permission should be granted.

HUMAN RIGHTS ACT: The provisions of the Act are relevant in so far as they relate to the right to respect for private and family life and the peaceful enjoyment of property.

ASSESSMENT: The main issues to consider are the impact of the proposals on the character of the area and building, and the amenities of properties nearby. Although in itself this extension is not substantial, the property has been extended several times in recent years and concern has been expressed about the incremental erosion of the character of the building which lies within the Arnside and Silverdale Area of Outstanding Natural Beauty. It could be argued that the extended roof slope is not in proportion with the rest of the building, giving the property an unbalanced appearance. However, although the raised roofslope is visible from the A6, it is not prominent in the wider landscape. It is still subservient to the main building, and screened by trees in the grounds. Most of the views of the building and extension are from the busy A6 at the front of the property, and as the property is set back from the road, the effect of the alterations is minimised. A lane running parallel to the A6 leads to the rear of the property, the Manager’s house and several other dwellings linking with a public right of way. Although the existing extensions have led to a somewhat complicated roof structure at this end of the building, this further addition is not significant even when viewed from this lane.

58 The property most affected by the proposals, The Nook, lies at the rear of Lunesdale House to the east. The earlier expansion of the property at this side of the building has affected the aspect from this property, and obscured previously enjoyed views. Nevertheless, the relatively small-scale nature of this proposal means that any additional impact on The Nook is minimal and insufficient grounds for refusal. However, it is acknowledged that small-scale alterations can have a cumulative impact leading to an over-intensive or unneighbourly development. On balance it is felt that this proposal is acceptable, but any further expansion at this side of Lunesdale House would require careful examination. As the property is served by non-mains drainage, the applicant must demonstrate that the system can accommodate any expansion of the building. The proposal will result in one additional bedroom, but the applicant has explained that this will not result in extra residents because one double room is to be used a single room. Septic tank capacity is however calculated on the number of bedrooms, and the Environmental Protection Group is examining the documentation submitted.

RECOMMENDATION: Subject to a satisfactory resolution of drainage issues the application be GRANTED subject to conditions relating to the following: (1) Standard time limit; (2) Materials.

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59 SCHEDULE F

Straightforward Planning Applications

SCHEDULE No. 13

SL/2009/0080 MILNTHORPE: HIGHFIELD, ACKENTHWAITE, MILNTHORPE

PROPOSAL: DETACHED DOUBLE GARAGE WITH LOG/COAL STORE

Mr David Parsons

30/04/2009 E350818 N482820

SUMMARY: The prominence of the existing dwelling will be exacerbated by the addition of a detached garage in this location and as such will have an adverse impact on the character and appearance of the landscape. REFUSE.

MILNTHORPE PARISH COUNCIL: The development, which was once a small chalet, has now been extended to three times its original size and the Members object to further extensions.

OTHER: Three letters of objection have been received which raise the following concerns: • the existing development is already very visually intrusive and this would be added to by the proposed garage which is in a prominent location; • the new structure should match the existing building by being faced in natural stone and not rendered; • there is little screening provided on the site as a large tree was removed when the dwelling was built and a landscaping scheme relating to the previous development has not been implemented. One letter of objection has been received to the amended plan which maintains the original objection as the changes are limited.

60 HISTORICAL CONTEXT: In 2004, planning permission was granted by the Planning Committee for the replacement of a timber chalet which was destroyed by fire. The proposed replacement dwelling was a bungalow. This permission was never implemented. Planning permission was subsequently granted in 2006, by the Planning Committee, for a larger replacement dwelling on this site. This has now been built. This permission included the creation of a new vehicular access off the adjacent road to Ackenthwaite.

DESCRIPTION & PROPOSAL: This application relates to a two storey detached residential property located in the open countryside between Heversham and Ackenthwaite. The property is situated on top of a low hill to the west of the Ackenthwaite to Hincaster road. Planning permission is sought for the erection of a detached garage adjacent to the dwelling. It will be sited to the north east of the existing building, slightly forward of the elevation facing the main road, and will be 6 metres by 5.9 metres. The scheme has been amended slightly to try to reduce its impact in the landscape. The ridge height has been lowered from 4.5 metres to 4 metres and the roof has been extended at the east side to include a wood store so that the eaves height of the roof facing the main road is reduced to 1.5 metres. The garage was originally proposed to be rendered with a slate roof. The applicant’s agent has agreed that the garage will be stone faced to match the existing dwelling. There is also a small lean-to timber store proposed onto the side of the garage.

POLICY ISSUES: Policy S2 of the South Lakeland Local Plan sets out the Design Code for South Lakeland. It seeks to ensure that development takes account of existing distinctive local character and the proportions, detailing and building materials should be appropriate to the setting and context.

HUMAN RIGHTS ACT: The provisions of the Act are relevant in so far as they relate to the right to respect for private and family life and the peaceful enjoyment of property.

ASSESSMENT: The main issue to consider in this case is the potential impact that an additional structure on this site will have in the landscape. The existing two storey dwelling on the site was granted planning permission in 2006 as a replacement dwelling. The building is isolated and prominently positioned on the top of the hill. The addition of a garage to the north east of the site will add to the bulk and the scale of the existing building. This issue has been raised with the applicant’s agent and it was suggested that the garage be positioned to the west of the site, behind the existing building, where it will be less prominent. In response to this, an amended plan was submitted which showed a reduction in the ridge height of 0.5 metres and a reduction in the eaves height. It also showed the garage as stone faced to match the existing building rather than rendered but it did not address the issue of the siting of the garage.

61 The existing building is in a prominent elevated position which makes it very visible from the surrounding area. There appears to be scope to resite the garage to a less sensitive position and the amended plan does not satisfactorily address the issues raised. The prominence of the existing building will be exacerbated by the addition of a detached garage in this location and as such will have an adverse impact on the character and appearance of the landscape.

RECOMMENDATION: REFUSE for the reason below:- Reason (1) By reason of its size and siting, the proposed garage will add to the scale and massing of the existing dwelling in this isolated and prominent location and as such will have a detrimental impact to the character and appearance of the landscape. It is therefore contrary to the aims and objectives of Policy S2 of the South Lakeland Local Plan.

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62 SOUTH LAKELAND DISTRICT COUNCIL

Planning Committee

Date of Meeting: 30 April 2009 Part I Report From: Corporate Director (Communities) Agenda 7 Report Author: Mark Balderson Item No: Planning Enforcement Officer Report Title: A Report on Enforcement Activity from 17 February to 16 March 2009

Summary To inform Members about enforcement activity between 17 February and 16 March 2009. This report aims to provide a brief and informative insight into current enforcement cases. If there are any specific enforcement cases that Members would like to be updated on at the next Planning Committee meeting, please contact Mark Balderson, Enforcement Officer, or Simon Fawcett, Enforcement Assistant. Recommendations That Members note this report. Report

1. Enforcement Cases which have been resolved 28 outstanding cases from the enforcement caseload have been resolved between 17 February and 16 March 2009.

2. New Enforcement Cases Between 17 February and 16 March 2009, 32 complaints have been recorded and are presently being investigated. 10 of these cases have been resolved.

3. Enforcement Cases for which Committee consideration is sought 09.093: Ishwara Yoga, Goadsbarrow Cottage, Goadsbarrow, Ulverston On 19 March 2009 it was brought to Officers attention that a yoga centre was due to open at this domestic property on 06 April 2009. The occupant was informed in writing that they would need planning permission to open the centre and that it was the opinion of the Planning Officer that the Council would not support such an application. No response was received to this letter, or to a subsequent visit to the property by the Enforcement Officer, at which contact and follow up details were left. On 06 April information was received that the yoga centre was now in operation. After discussion with the Planning Officer, a Section 330 Notice has now been served. Authorisation is sought from the Council for all necessary enforcement powers to resolve the breach of planning control.

63

4. An Update on Enforcement Cases involving formal action 06.329: Land Adjacent To Bell Hall Farm, Head Cragg Members may recall authorising enforcement powers to remedy a breach of planning control at the above property. An Enforcement Notice was served to cease the use of an agricultural building for the purpose in connection with an agricultural contractors business. The Enforcement Notice was quashed on appeal with conditions. There are three schemes that now have to be submitted relating to access, landscaping and site boundaries. These schemes must be submitted within 3 months. If any one of the three schemes is not submitted with within 3 months, then the agricultural contracting element shall cease and associated vehicles and machinery removed from site within 2 months. There are also conditions imposed relating to hours of operation and external lighting. The site will be monitored for compliance.

07.208: Woodland off Moss Lane, Holme Members may recall that authorisation was sought from the Planning Committee to remove a large timber shed from the land at this site. The landowner appealed the Notice, which was dismissed by the Planning Inspectorate. The landowner then submitted an application for a small shed, which was approved by Members at Planning Committee. On 17 December 2008 it was noticed that the landowner had failed to comply with the Notice and indeed added a lot of other paraphernalia to the site. On contacting the landowner it was felt expedient to extend the time period for compliance to the end of March 2009 due to an industrial accident. At the end of the extended time period the Notice still had not been complied with and the Legal Department were instructed to prosecute for non-compliance. The Legal Department gave the landowner a “final chance” compliance period of two weeks. I am pleased to report that after a meeting with the agent on 09 April 2009 the Notice has now been complied with and the site has now been substantially improved with the remaining shed complying with the permission granted.

Alternative Options Not Applicable Material Considerations Finance The recommendations in this report do not have any cost implications. Risk Risk Consequence Controls required The failure to have an Result in inappropriate forms of To maintain sufficient effective planning development which would have resources in planning enforcement system. an adverse impact on the enforcement and prioritise and character and appearance of the co-ordinate the investigation of District’s rural landscape. breaches of planning control.

Staffing The recommendations in this report do not have any staffing implications. Sustainability This report does not have any registered significant environmental effects.

Date: 22/04/2009 Version No: Amended by: 2 64 Links to Corporate Plan The control of development is a significant factor in achieving a “High Quality Environment” under Section 3.4 of The Corporate Plan. Links to Other Strategic Plan(s) This report has no links to the Strategic Plan. Equalities & Diversity Not applicable. Community Safety The recommendations in this report do not have any community safety implications.

Background Documents Document: Various Planning & Contact: Mark Balderson, Planning Enforcement Officer or Enforcement Files Simon Fawcett, Enforcement Assistant

Date: 22/04/2009 Version No: Amended by: 3 65

66 APPENDIX A Committee: Planning Date of Meeting: 30 April 2009 Report Title: A Report on Enforcement Activity from 17 February to 16 March 2009

Planning Enforcement Progress Report REF NO. PARISH SITE ADDRESS BREACH/CONTRAVENTION PROGRESS 06/068 ALDINGHAM Low Sunbrick Farm, Aldingham Installation of Upvc windows in Members recently reconfirmed listed building enforcement action. Advice being sought from Conservation Officer. 09/018 ALDINGHAM Land opposite Burlington Quarry, Erection of large agricultural Section 330 Notice served. Baycliff building Discussions underway with regards to removal/relocation. 08/017 BEETHAM Heron Cottage, Shore Line Removal of wall and creation of Submitted planning application for vehicle access access SL/2009/0247. 08/207 BEETHAM 3 Watersedge, Shore Line Erection of unauthorised balcony Not complied with Enforcement to front elevation Notice. File passed to Legal for prosecution. 05/060 GRANGE OVER SANDS Blawith Lodge, Windermere Road, Replacement windows Discussions ongoing with new Grange over Sands owner. Works are underway. Monitoring site. 05/232 HELSINGTON Low Chambers Tenement, Siting of static caravan Deadline date for removal given Brigsteer until 30 April 2009. 05/249 HELSINGTON Low Chambers Tenement, Untidy site Deadline date for removal given Brigsteer until 30 April 2009.

67

REF NO. PARISH SITE ADDRESS BREACH/CONTRAVENTION PROGRESS

07/208 HOLME Land West of Moss Lane Construction of chalet/cabin and Enforcement Notice has now creation of large pond been complied with. 07/156 KENDAL Bridge View, Burton Road, Kendal Creation of extra dwelling unit Enforcement Notice has been held in abeyance as the owners have now submitted an appeal. 07/267 KENDAL Skewmount, High Tenterfell, Decking/Structure in Enforcement Notice served Kendal Conservation Area requesting removal of decking and sub-structure, compliance date 29 March 2009. Appeal lodged against Notice. 08/132 KENDAL 32 Hawthorn Gardens, Kendal Breach of Section 106 Monitoring sale. Property empty. Agreement. Owner not using property as sole main residence. 08/134 KENDAL 57 Burton Road, Kendal Unauthorised development. Planning Application received. Construction of 3 metre wall Awaiting determination adjacent highway SL/2009/0255. 08/144 KENDAL Beech Hill Hotel, 40 Greenside Unauthorised Upvc windows in Enforcement Notice served. Kendal Conservation Area Compliance under negotiation. 08/210 KENDAL 177 Highgate, Kendal. Cash in a Advertisement harmful to Discontinuance Notice served. Dash. Conservation Area Notice takes effect on 26 March 2009 compliance date 25 April 2009 . 06/329 KIRKBY IRELETH Land Adjacent to Bell Hall Farm, Storage of agricultural machinery Appeal upheld. Planning Head Cragg, Kirkby in Furness and vehicles within field Permission granted.

Date: 22/04/2009 Version No: Amended by: 5 68 REF NO. PARISH SITE ADDRESS BREACH/CONTRAVENTION PROGRESS 07/025 LOWER ALLITHWAITE Priory Close, Cartmel Internal alteration to listed Prosecution stayed, Company building gone bankrupt. Owners have said they will do the works. Monitoring. Schedule of mitigating works under discussion. 08/224 LOWER ALLITHWAITE Blenket Caravan Park, Jack Hill Unauthorised construction of Enforcement Notice served took timber chalets. effect 27 January 2009. Period for compliance 2 months. The owner has submitted an appeal confirmed by Planning Inspectorate. 04/263 PENNINGTON Whinfield Works, Whinfield Use of site for the storing of scrap Pursuing enforcement action. Ground, Lindal in Furness cars Discussions ongoing with owners to find a solution. 08/041 PENNINGTON Unit 1, Greenmoor Farm, Unauthorised use of unit as Appeal against Notice dismissed. Pennington, Ulverston vehicle repair workshop Notice upheld with variation to compliance period from 2 month to 6 month.

Date: 22/04/2009 Version No: Amended by: 6 69

70 SOUTH LAKELAND DISTRICT COUNCIL

Planning Committee

Date of Meeting: 30 April 2009 Part I Report From: Corporate Director (Communities) Agenda 8 Report Author: Lorayne Woodend/Simon Lloyds Item No: Development Plans Team Report Title: Residential Monitoring for the period 01 April 2008 to 31 March 2009 (End of Year Report)

Summary The purpose of this report is to present the situation at 31 March 2009 with regards to residential permissions and completions within the monitoring period 01April 2008 – 31 March 2009, in comparison with the North West Regional Spatial Strategy (RSS) requirement. Recommendations It is recommended that Members note the content of the Report. Report 1. This is the fourth and final report covering the monitoring period 01April 2008 – 31 March 2009. Appendix 1 provides detailed monitoring figures for this period. This is the second report to monitor housing completions against the requirements of the North West Regional Spatial Strategy (RSS), which was published on 30 September 2008 rather than against the Cumbria and Lake District Joint Structure Plan requirements. 2. Previously, Residential Monitoring Reports focused on the monitoring of residential permissions against the target of 265 dwelling permissions per year (outside the National Parks) set out in the Cumbria and Lake District Joint Structure Plan 2001-2016 adopted in April 2006. Following the publication of the RSS, from now on, residential monitoring reports will focus on monitoring the numbers of houses actually built each year against the RSS target of 400 dwelling completions in South Lakeland (outside the National Parks). 3. The report will continue to include information on residential permissions as this gives an early indication of progress towards and likelihood of meeting completions targets in coming years. However, it must be noted that there is no longer an official target for the number of permissions required. It is estimated that around 10% of residential permissions do not get built and thus in theory there needs to be more dwelling permissions than the completions target required in order make it possible to achieve the completions target. In light of this, around 440 permissions per year (37 per month) should be achieved, though this is not an official target. 4. Another change resulting from the fact that residential monitoring is now based on the RSS targets is that there is no longer an East-West split of the District with regards the overall targets. However, some targets set out in the Council’s Interim Planning Approach to Housing Development (IPATH) with regards affordable and local occupancy housing do still relate specifically to the East or West of the District. Residential monitoring reports will continue to provide information on completions and permissions of affordable and local occupancy dwellings. We will review the requirement to break down the monitoring figures by area and settlement to reflect the approach taken in the emerging Core Strategy. The Cumbria Housing Strategy (2006) sets a separate target of 710 affordable dwelling

71 completions for the period 2006-2011 across South Lakeland, a significant proportion of which will be required in the area outside the National Parks. This amounts to an annual target of 74 completed affordable dwellings. 5. In light of the RSS requirement, 100 completions are required quarterly (an average of 33 per month). Where there is an over-provision or a shortfall of completions in any monitoring period, this will be accounted for in the target for the following period. In the year covered by this report 155 dwellings were completed, representing less than half of the RSS requirement of 400 dwellings for this period. The low rate of completions reflects both current market conditions and the limited supply of housing land, which is likely to persist until adequate long-term provision is made in the forthcoming Allocations DPD of the Local Development Framework. 6. The annual RSS requirement of 400 dwellings means that the Council can no longer demonstrate a 5-year supply of deliverable sites for housing. Under Planning Policy Statement 3 (PPS3) Housing, this changes the national policy context, so that the Council must now consider housing applications with a presumption in favour, taking account of relevant policy advice set out in PPS3. In July 2007, Council considered its response to the impending lack of a 5-year land supply and agreed a number of measures to help improve the situation, although the effectiveness of these is likely to be affected by the continuing countrywide downturn in the housing market. 7. This report provides information for the whole of the monitoring period 01April 2008 to 31 March 2009. The next report will provide information for the first quarter of the 01 April 2009 – 31 March 2010 monitoring period and will be brought to Planning Committee on 09 July 2009. Appendix 1 sets out a more detailed analysis of residential monitoring information including completions. Alternative Options If residential monitoring is not undertaken then the Council will not be able to provide information required in relation to National and Local Performance Indicators and will not be able to manage the housing supply in a sustainable manner. Material Considerations Finance Not applicable.

Risk Risk Consequence Controls required The risk associated with Data gained from residential Permissions and completions residential monitoring relates monitoring is used to assess the data is thoroughly crosschecked to the accuracy of the data implementation and effectiveness to ensure that residential presented. of planning policy and inform monitoring is as accurate as decisions to review policy. possible and continuing Monitoring information is also used improvements are being made to to justify and if necessary defend the monitoring system. decisions in relation to planning applications. Accuracy is therefore important as information can be challenged at examinations and public inquiries.

Date: 22/04/2009 Version No: Amended by: 2 72 Staffing Officer time to collate information needed to produce this report.

Sustainability This report relates to the following potential significant environmental effects: - • The development of land in the District • The development of sustainable communities.

Links to Corporate Plan The delivery of housing contributes to the delivery of Corporate Plan Priority Objective 2.1 and Local (BV106), L69, NI154, NI159.

Links to Other Strategic Plan(s) • South Lakeland Sustainable Community Strategy • Cumbria Housing Strategy • Cumbria and the Lake District Joint Structure Plan • Regional Spatial Strategy

Equalities & Diversity Not applicable.

Community Safety Not applicable.

Background Documents Document: South Lakeland Interim Planning Contact: Alastair McNeill Approach to Housing Development Senior Development Plans Officer (IPATH). Revised November 2008. North West Regional Spatial Strategy, 30 September 2008

Date: 22/04/2009 Version No: Amended by: 3 73

74 APPENDIX A Committee: Planning Committee Date of Meeting: 30April 2009 Report Title: Residential Monitoring for the period 01 April 2008 to 31 March 2009 (End of Year Report)

Monitoring Period 01 April 2008 to 31 March 2009 This is the fourth and final residential monitoring report to be presented to the Planning Committee for this monitoring period. This report covers permissions for the period 01 April 2008 to 31 March 2009 (Full Year). Please note: All data on completions and permissions for the period 01 April 2008 to 31 March 2009 includes 5 affordable units (net 4) at 6 Beast Banks, Kendal, which have been created following the conversion of an existing dwelling. These units are all completed and occupied but have yet to be granted planning permission.

1. Overall Progress Towards RSS Targets within the 01 April 2008 to 31 March 2009 period

Annual Completions Total Dwelling Shortfall Projection towards target Target Completions (net) in the (Dwelling Units) above period – 12 months 400 155 245 Target not met Monthly average target = Average of 13 per month This shortfall will have to = 33 (quarterly 100) (quarterly 39) be added to the target for the next monitoring period

Date: 22/04/2009 75 Version No: Amended by: 4 2. Completions Data Residential Completions1 01April 2008-31 March 2009: Q1 Q2 Q3 Q4 Q1 Q2 Q3 2008-2009 Total Total Total Q4 Totals Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Total Brownfield 9 2 1 12 1 30 7 38 3 3 3 9 9 12 9 30 89 East Greenfield 5 11 0 16 8 0 0 8 0 3 0 3 2 0 2 4 31 Brownfield 2 6 1 9 0 0 0 6 2 3 5 2 2 9 29 0 11 West Greenfield 0 0 0 0 0 0 0 0 0 1 0 1 0 1 4 5 6

Brownfield 11 8 2 21 1 30 7 38 9 5 6 20 14 14 11 39 118 District Greenfield 5 11 0 16 8 0 0 8 0 4 0 4 2 1 6 9 37 155

Affordable Completions2 1/04/08-31/03/09:

Q1 Q2 Q3 Q4 Q1 Q2 Q3 2008-2009 Total Total Total Q4 Totals Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Total Brownfield 2 0 0 2 0 4 1 0 0 0 0 5 6 2 13 20 5 East Greenfield 3 4 0 7 8 0 0 8 0 1 0 1 0 0 0 0 16 Brownfield 0 2 0 0 0 0 0 3 0 0 3 0 0 2 2 7 2 West Greenfield 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

Brownfield 2 2 0 4 0 4 1 5 3 0 0 3 5 6 4 15 27 District Greenfield 3 4 0 7 8 0 0 8 0 1 0 1 0 0 0 0 16 43

1 Residential completions are inclusive of Affordable completions. Figures include 5 affordable units (net 4) at 6 Beast Banks, Kendal, which have been created following the conversion of an existing dwelling. These units are all completed and occupied but have yet to be granted planning permission.

Date: 22/04/2009 76 Version No: Amended by: 5 Analysis of residential completions by settlement within the 01 April 2008 to 31t March 2009 monitoring period No. of Units Completed 2 Area Key Service + Net Net Brown Net Green Affordable Local Centres Occupancy3 East Kendal 67 62 60 2 14 29 Grange 52 2 0 0 1 Kirkby Lonsdale 88 1 7 7 7 Milnthorpe 66 6 0 0 0 Others 47 42 20 22 17 25 Total 133 120 89 31 38 62

Furness Ulverston 22 19 14 5 2 2 Other 18 16 15 1 3 3 Total 40 35 29 6 5 5

South Lakeland District Total 173 155 118 37 43 67

3. Permissions Data It remains important to monitor permissions data as this gives an early indication of progress towards and likelihood of meeting completions targets in coming years. It is estimated that around 10% of residential developments permitted do not get built so in order to meet the annual target of 400 completions per year set out in the RSS, the Council should be aiming to achieve 440 residential permissions annually, equating to an average of 36.6 permissions per month. Currently, monthly permissions are falling significantly short of this target. It should also be noted that the number of completions required in any one year will go up or down depending on shortfalls or oversupply in previous years.

2 Includes 5 affordable units (net 4) at 6 Beast Banks, Kendal, which have been created following the conversion of an existing dwelling. These units are all completed and occupied but have yet to be granted planning permission. 3 Local Occupancy figures are inclusive of Affordable figures

Date: 22/04/2009 77 Version No: Amended by: 6 Net Permissions by Month within the 01 April 2008 to 31 March 2009 monitoring period4

Month Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Total to date

Net Units Permitted 16 21 8 34 3 9 7 4 4 4 8 19 137

Analysis of residential permissions by settlement within the 01 April 2008 to 31 March 2009 monitoring period No. of Units Granted Planning Permission4 Area Key Service Gross Net Net Brown Net Green Affordable Local Centres Occupancy5

East Kendal 33 25 25 0 5 29 Grange 8 7 7 0 3 7 Kirkby Lonsdale 4 4 4 0 0 4 Milnthorpe 11 11 11 0 10 11 Others 62 49 36 13 22 49 Total 118 96 83 13 40 100

Furness Ulverston 44 35 35 0 0 0 Other 9 6 5 1 0 0 Total 53 41 40 1 0 0

South Lakeland District Total 171 137 123 14 40 100

Further Analysis

4 Includes 5 affordable units (net 4) at 6 Beast Banks, Kendal, which have been created following the conversion of an existing dwelling. These units are all completed and occupied but have yet to be granted planning permission. 5 Local Occupancy figures are gross and inclusive of Affordable figures

Date: 22/04/2009 78 Version No: Amended by: 7 Brownfield/Greenfield 4. Of the 155 units (net) completed up to the end of the monitoring period, 118 units (76%) are on brownfield land compared to the RSS target for the Lakes and Morecambe Bay area of at least 50% and the national target of 60%. 37 units (24%) were on greenfield sites. Of the 137 units (net) granted permission up to the end of the monitoring period, 123 units (90%) are on brownfield land, compared to the RSS target for the Lakes and Morecambe Bay area of at least 50% and the national target of 60%. 14 units (10%) were on greenfield sites.

Affordable Housing 5. 38 affordable dwellings were completed in the East of the district between 1/04/08 and 31/3/09, this constitutes 31% of all net dwellings completed in the East compared to the IPATH requirement of 50%. • Five affordable units were completed in April 2008 at Garburn Road, Kendal (2) and Fairbank, Kirkby Lonsdale (3). • Eight affordable units were completed in July 2008 at Pear Tree Park, Holme (1) and Boon Town, Burton in Kendal (7). • Four affordable units were completed in August 2008 at Highgate, Kendal. • One affordable unit was completed in September 2008 at Ann Street, Kendal. • One affordable unit was completed in November 2008 at Pear Tree Park, Holme. • Five affordable units were completed in January 2009 at Beast Banks, Kendal6. • Six affordable units were completed in February 2009 at Winder Lane, Flookburgh. • Four affordable units were completed in March 2009 at Ann Street, Kendal (2) and Winder Lane, Flookburgh (2). • Four affordable units were completed in May 2008 at Fairbank, Kirkby Lonsdale

6 Includes 5 affordable units (net 4) at 6 Beast Banks, Kendal, which have been created following the conversion of an existing dwelling. These units are all completed and occupied but have yet to be granted planning permission.

Date: 22/04/2009 79 Version No: Amended by: 8 5 affordable dwellings were completed in Furness between 1/04/08 and 31/3/09 constituting 14% of all net dwellings completed in Furness. IPATH does not set a requirement for affordable dwellings in the Furness area though affordable provision in Furness is negotiable on developments of 10 units or more. • Two affordable units were completed in May 2008 at Hart Street, Ulverston. • Three affordable units were completed in October 2008 at Station Road, Broughton. 40 affordable dwellings were permitted in the East of the district between 1/04/08 and 31/3/09, this constitutes 41% of all net dwellings permitted in the East compared to the IPATH requirement of 50%. • Four affordable units were permitted in May 2008 (SL/2008/0365) to be provided at Church Walk, Flookburgh. • Eighteen affordable units were permitted in July 2008 (SL/2007/0184) to be provided at Winder Lane, Flookburgh. • Three affordable units were permitted in September 2008 (SL/2008/0870) to be provided at Yewbarrow Flats, Main Street, Grange over Sands. • Five affordable units were provided at Beast Banks, Kendal in January 2009 (SL/2008/0156). These have been completed but are yet to be granted planning permission. • Ten affordable units were permitted in March 2009 (SL/2008/0114) to be provided at Harmony Hill, Milnthorpe. No affordable dwellings were given permission in the West between 1/04/08 and 31/3/09. IPATH does not set a requirement for affordable dwellings in the West although affordable provision in Furness is negotiable on developments of 10 units or more. Local Occupancy7 6. IPATH requires all new dwellings in the East of the district to be subject to a Local Occupancy Condition. There is no similar requirement in Furness. All affordable dwellings permitted (and thus completed) in the District are automatically subject to a Local Occupancy restriction. Members are reminded that since April 2007 the definition of local occupancy for non-affordable dwellings has been extended to include three parishes in southern Eden, the whole of Barrow and the northern part of Lancaster District. On 17 July 2009, Council further extended this definition to include three parishes in the Craven district of North Yorkshire. For affordable dwellings the restriction relates only to the parish in which the dwelling is sited and the adjoining parishes. Inclusive of affordable dwellings, a total of 67 dwellings completed in this period are subject to a Local Occupancy Condition, 62 are in the East of the district and 5 in Furness.

7 Local Occupancy figures are inclusive of Affordable figures

Date: 22/04/2009 80 Version No: Amended by: 9 In the East area, 100 dwellings permitted are subject to a Local Occupancy Condition. This is a gross figure. In relation to the net figure all permitted dwellings are subject to a Local Occupancy Condition, in compliance with the IPATH requirement of 100%. The following table gives a breakdown of permissions by month in the East of the district with regard to Local Occupancy Conditions. The apparent disparity in the figures shown for September is the result of 2 permissions that resulted in a net loss of dwellings, which skewed the figures. In Furness, none of the dwellings permitted this period are subject to Local Occupancy conditions.

Date: 22/04/2009 81 Version No: Amended by: 10 Monitoring Application of Local Occupancy restrictions (East area) 01 April 2008 – 31 March 2009

Monitoring Period 1/04/07 – 31/03/08 Apr May June July Aug Sept Oct Nov Dec Jan Feb Mar Total Dwellings permitted in East (Gross) 91492131564398 12 13 118 Dwellings permitted in the East (Net) 8 12 7 20 3 8 5 3 2 7 8 13 96 Number of dwellings subject to Local 7 12 7 20 3 13 4 3 2 9 7 13 100 Occupancy Number of dwellings not subject to Local 2 2 2 1 0 2 2 1 1 0 5 0 17 Occupancy (% of gross permissions) (14%) (22%) (5%) (0%) (13%) (33%) (25%) (33%) (0%) (42%) (0%) (22%) Number of dwellings not subject to Local 1 0 0 0 0 -5 1 0 0 0 1 0 -2 Occupancy (% of net permissions) (13%) (0%) (0%) (0%) (0%) (-63%) (20%) (0%) (0%) (0%) (13%) (0%) Number of gross dwellings that are not 200000000020 4 subject to Local Occupancy but are the result of or are revisions of pre-IPATH (before 24/11/05) applications and are therefore exempt Number of gross dwellings that are not 022102111030 13 subject to Local Occupancy but are replacing an existing dwelling or dwellings and therefore applying a clause was considered unreasonable Number of gross dwellings that are the 000000100000 1 result of post-IPATH (after 24/11/05) applications but do not fall into the above categories

8 Includes 5 affordable units (net 4) at 6 Beast Banks, Kendal, which have been created following the conversion of an existing dwelling. These units are all completed and occupied but have yet to be granted planning permission.

82 SOUTH LAKELAND DISTRICT COUNCIL

Planning Committee

Date of Meeting: 30 April 2009 Part I Report From: Strategic Director (Customer Services) Agenda 9 Report Author: Andrew Roe Item No: Development Control Manager Report Title: Applications considered previously by The Planning Committee and determined by the Corporate Director (Communities) between 14 March & 19 April 2009

Summary To note the decisions made by the Corporate Director (Communities) as attached. Recommendations Note the Report. Report See attached Print Out. Alternative Options Not applicable. Material Considerations Finance The recommendations in this report do not have any cost implications. Risk There are no identified risk raised by this report. Staffing The recommendations in this report do not have any staffing implications. Sustainability This report does not have any registered significant environmental effects. Links to Corporate Plan This report links to the aim of providing a “High Quality Environment” under Section 3.4 of the Corporate Plan. Links to Other Strategic Plan(s) This report has no links to the Strategic Plan. Equalities & Diversity The Draft Statement of Community Involvement takes account of the equalities issues in seeking to define South Lakelands community and interests relevant to the Local Development Framework which will influence the determination of planning applications.

83 Community Safety The recommendations in this report do not have any community safety implications.

Background Documents Document: Various Planning Files Contact: Andrew Roe Development Control Manager

Date: 22/04/2009 Version No: Amended by: 2 84 Applications dealt with by the Corporate Director (Communities) under Delegated Powers Between 14/03/09 and 19/04/09 Parish KIRKBY IRELETH Application No Site Address Proposal Applicant Application Type SL/2008/1126 BELL HALL FARM WIDENING OF VEHICULAR ACCESS MR JASON KEITH FULL PLANNING HEAD CRAG KIRKBY in FURNESS LA17 7TD Grant with Conditions Condition (1) The development hereby permitted shall be commenced before the expiration of THREE YEARS from the date hereof. Reason (1) To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004. Condition (2) This permission relates to the amended plan drawing number 1ST/JK/002 Rev A deposited with the Local Planning Authority on 12 March 2009. For the avoidance of doubt this permission only authorises the widening of the existing access to a maximum width of 5 metres. It does not authorise any works to the existing hedgerow to the north of the access which flanks the roadside. Reason (2) For the avoidance of doubt and to ensure that the works that are required to create an access to the County Highway standard does not result in the existing building becoming more visible within this rural landscape. REASON FOR GRANTING PLANNING PERMISSION: The proposed alterations to the access, as amended, will result in the creation of an improved entrance which meets County Highway standards and will also ensure that adequate landscaping is retained to screen the existing agricultural building within this rural landscape.

Parish MILNTHORPE Application No Site Address Proposal Applicant Application Type SL/2008/0114 FORMER DEPOT ERECTION OF TEN DWELLINGS TWO CASTLE HOUSING FULL PLANNING HARMONY HILL ASSOCIATION MILNTHORPE Grant with Conditions Condition (1) The development hereby permitted shall be commenced before the expiration of THREE YEARS from the date hereof. Reason (1) To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004. Condition (2) This permission relates to the drawing numbers TCH 0425/02A, TCH 0425/03E, TCH 0425/9C and TCH 0424/12C received by the Local Planning Authority on 5 January 2009. Reason (2) For the avoidance of doubt. Condition (3) The development shall be carried out in accordance with the works specified in the Remedial Method Statement by REC reference REC Report 43218p1r0. Reason (3) To ensure that the development does not pose a risk to inhabitants.

20- Apr- 09 Page 1 of 3 Date: 22/04/2009 Version No: Amended by: 3 85 Condition (4) Following completion of the remediation measures identified in the Remedial Method Statement, a verification report confirming achievement of the Statement's objectives, must be prepared and submitted to the Local Planning Authority. Reason (4) To ensure that the development does not pose a risk to inhabitants. Condition (5) In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with a scheme which has been submitted to and approved in writing by the Local Planning Authority. Where remediation is necessary a remediation scheme must be prepared in accordance with a scheme which has been submitted to and approved in writing by the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared and submitted to the Local Planning Authority. Reason (5) To ensure that the development does not pose a risk to inhabitants. Condition (6) No building hereby permitted shall be occupied until surface water drainage works have been implemented in accordance with details that have been submitted to and approved in writing by the local planning authority. Before these details are submitted an assessment shall be carried out of the potential for disposing of surface water by means of a sustainable drainage system in accordance with the principles set out in Annex F of PPS25 (or any subsequent version), and the results of the assessment provided to the Local Planning Authority. Where a sustainable drainage scheme is to be provided, the submitted details shall: (i) provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters; (ii) include a timetable for its implementation; and (iii) provide a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime. Reason (6) To ensure that adequate surface water disposal is provided. Condition (7) Before any demolition or construction works relating to the dwellings hereby permitted is commenced, the boundary wall adjacent to the entrance indicated on drawing number TCH 0425/02A shall be reduced to a maximum height of 1 metre from the level at the centre of the access point. The wall shall be retained at the agreed height at all times thereafter. Reason (7) To ensure that the improvements to the access are carried out in the interest of highway safety and accordance with Policy H5 of the South Lakeland Local Plan. Condition (8) Demolition or construction works shall not take place outside 08.00 hours to 18.00 hours Mondays to Fridays and 08.00 hours to 13.00 hours on Saturdays and at no time on Sundays or Bank Holidays. Reason (8) To protect the amenity of adjacent residents during demolition and construction. Condition (9) The development, including storage of materials, parking, loading/unloading of plant and materials and control of dust and emissions shall be carried out in accordance with the details submitted by Leck Construction Ltd on 17 March 2009. Reason (9) To protect the amenities of nearby residents and highway safety during construction. Condition (10) No development shall take place on the site until the tree protection measures identified in the Tree Survey Report by Trevor Bridge Associates and drawing number 3339.02 shall be implemented and thereafter maintained at all times during the course of construction. Reason (10) To ensure that the trees around the site boundaries are protected during the course of construction in accordance with Policy S18 of the South Lakeland Local Plan. Condition (11) Before the dwellings hereby permitted are first occupied, the access, parking and turning areas shall be implemented in accordance with approved plan, drawing number TCH 0425/02A. Reason (11) To ensure adequate provision is provided in the interest of highway safety and to accord with Policy H5 of the South Lakeland Local Plan.

20- Apr- 09 Page 2 of 3 Date: 22/04/2009 Version No: Amended by: 4 86 Condition (12) The external walls shall be completed in the following manner: (a) with stone, a sample of which shall be submitted to and agreed in writing with the Local Planning Authority prior to the commencement of work on the site; or (b) with a finish of roughcast, being a finish in which the final coat contains a preparation of fairly coarse aggregate thrown on as a wet mix and left rough. The precise details of the finish of the external walls shall be submitted to and approved in writing by the Local Planning Authority before the necessary work is commenced; the work shall be completed in a manner which will comply in all respects with the details approved in writing by the Local Planning Authority. Reason (12) To protect and enhance the character of the adjacent Conservation Area in accordance with Policy C16 of the South Lakeland Local Plan. Condition (13) The roof shall be covered with slate being blue/grey in colour and of similar texture to those mined within the County of Cumbria a sample of which shall be submitted to and agreed in writing with the Local Planning Authority before any development work commences on site. Reason (13) To protect and enhance the character of the adjacent Conservation Area in accordance with Policy C16 of the South Lakeland Local Plan. Condition (14) The hard surfaced areas and stonewalls within the site shall be implemented in accordance with a schedule of materials and samples which has first been submitted to and approved in writing by the Local Planning Authority. The hard surfaces shall thereafter be maintained in accordance with the approved scheme. Reason (14) To protect and enhance the character of the adjacent Conservation Area in accordance with Policy C16 of the South Lakeland Local Plan. Condition (15) Within six months from the date when any of the buildings hereby permitted is occupied trees/shrubs shall be planted on the land in accordance with a landscaping scheme to be submitted to and approved in writing by the Local Planning Authority. Any trees/shrubs which are removed, die, become severely damaged or diseased within five years of their planting shall be replaced in the next planting season with trees/shrubs of similar size and species to those originally required to be planted unless the Local Planning Authority gives written consent to any variation. Reason (15) To protect and enhance the character of the adjacent Conservation Area in accordance with Policy C16 of the South Lakeland Local Plan. Condition (16) Before the dwellings hereby permitted are first occupied boundary treatment around the rear gardens of the dwellings hereby approved shall be erected in accordance with a scheme, which shall have first been submitted to and approved in writing by the Local Planning Authority. Reason (16) To ensure adequate amenity for the occupiers. Condition (17) Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995 as amended, (or any Order revoking and re-enacting that Order) express planning permission shall be obtained for any development falling within Classes A, B, C, D, E or F of Part I, Schedule 2 of that Order. Reason (17) To ensure that the site does not become over developed in the interests of amenity. REASONS FOR GRANTING PLANNING PERMISSION: (1) The development of the site for affordable housing accords with Policy H5 of the South Lakeland Local Plan and the South Lakeland Interim Planning Approach to Housing Development and Policies ST4 and ST5 of the Cumbria & Lake District Joint Structure Plan. (2) The layout and design of the development is appropriate in terms of the impact on highway safety and the amenities of neighbouring occupants and will enhance the character and appearance of the site and adjacent Conservation Area in accordance with Policies C11, C16, S2, S3, S10 and S26 of the South Lakeland Local Plan and Policy E38 of the Cumbria & Lake District Joint Structure Plan. NOTE: This planning permission is subject to an Agreement made under Section 106 of the Town and Country Planning Act 1990.

20- Apr- 09 Page 3 of 3

Date: 22/04/2009 Version No: Amended by: 5 87

88 SOUTH LAKELAND DISTRICT COUNCIL

Planning Committee

Date of Meeting: 30 April 2009 Part I Report From: Corporate Director (Communities) Agenda 10 Report Author: Andrew Roe Item No: Development Control Manager Report Title: Appeals Update at 19 April 2009

Summary To provide Members with information about the receipt and determination of planning appeals. • Appendix A – New appeals and appeal decisions between 14 March and 19 April 2009 • Appendix B – Current appeals still outstanding • Appendix C – Appeals Determined during 2008. Recommendations That Members note this report. Report See attached Appendices A, B & C Alternative Options Not applicable Material Considerations Finance The recommendations in this report do not have any staffing implications. Risk There are no identified risks raised by this report. Staffing The recommendations in this report do not have any staffing implications. Sustainability This report does not have any registered significant environmental effects. Links to Corporate Plan This report links to the aim of providing a “High Quality Environment” under Section 3.4 of the Corporate Plan. Links to Other Strategic Plan(s) This report has no links to the Strategic Plan. Equalities & Diversity The Draft Statement of Community Involvement takes account of the equalities issues in seeking to define South Lakelands community and interests relevant to the Local Development Framework which will influence the determination of individual planning applications.

89 Community Safety The recommendations in this report do not have any community safety implications.

Background Documents Document: Various Planning Files Contact: Andrew Roe Development Control Manager

Date: 22/04/2009 Version No: Amended by: 2 90 APPENDIX A

Committee: Planning Date of Meeting: 30 April 2009 Report Title: Appeals Update at 19 April 2009

NEW APPEALS AND APPEAL DECISIONS BETWEEN 14 MARCH & 19 APRIL 2009

NUMBER LOCATION PROPOSAL

Lodged Sl/2008/1219 KENDAL: Redevelopment of Site to form Kendal Rugby Union Football retail development with Club, associated car parking and Shap Road, Kendal servicing facilities Committee Item Officer’s Recommendation - REFUSE

Allowed None

Allowed Conditionally SL/2008/0960 KIRKBY IRELETH: Appeal against Enforcement Bell Hall Farm Notice re Change of Use of Head Cragg agricultural land to allow the Kirkby in Furness storage and hiring out of agricultural equipment Enforcement Item Officer’s Recommendation - REFUSE

Dismissed SL/2007/1424 PENNINGTON: Use of unit as vehicle repair Unit 1, Green Moor Farm, workshop (Renewal Pennington SL/2006/1221) Committee Item Officer’s Recommendation - REFUSE SL/2008/0254 NEW HUTTON: Conversion of outbuilding to Birks Farmhouse dwelling Delegated Item Officer’s Recommendation - REFUSE

Withdrawn None

Date: 22/04/2009 Version No: Amended by: 3 91

92 APPENDIX B

Committee: Planning Date of Meeting: 30 April 2009 Report Title: Appeals Update at 19 April 2009

CURRENT APPEALS STILL OUTSTANDING Planning Site Description Appellant Local Planning Planning Inspectorate Appeal Reference Authority Reference start decision and date date Type of Appeal SL/2006/0299 LOWER Construction of two timber Mr David Ashraf Enforcement APP/MO933/C/09/2096118 13/02/09 ALLITHWAITE: framed buildings with raised Khan (Full Planning Written Reps concrete bases and slate Application) Blenkett Wood roofs Farm, Jack Hill, Allithwaite SL/2007/0530 CARTMEL: Replacement windows in Mr J Forbes Enforcement APP/M0933/F/07/2040739 19/04/07 Listed Building (Enforcement) Site at The Square (Appeal against Enforcement Action)

Written Reps SL/2008/0318 OLD HUTTON: Erection of 6 wind turbines, H J Banks & Co Ltd Refused APP/MO933/A/08/2090274/NWF 17/12/08 Land to east of control room, anemometer (Martyn Earle) 10/11/08 (Full Planning Public Inquiry – 28 April to Crosslands Farm mast and associated access Committee Application) 06 May 2009 tracks 30/10/08 Officer Recommendation - Gracon (recommendation overturned at Planning Committee)

93 Planning Site Description Appellant Local Planning Planning Inspectorate Appeal Reference Authority Reference start decision and date date Type of Appeal SL/2008/0781 KIRKBY Golf driving range Mr Philip Pease Refused APP/MO933/A/08/2091772/NWF 2/01/09 LONSDALE: 26/09/08 (Full Planning Written Reps Land to south of Committee Application) Scaleber Lane 25/09/08 Officer Recommendation - Refuse SL/2008/0883 KENDAL: Change of Use from office to Mr T Shepherd Refused APP/M0933/A/09/2094501/NWF 19/01/09 Bridge View, Burton flat (Retrospective) 09/10/08 (Retrospective Written Reps Road, Oxenholme Delegated Full Planning

Application) SL/2008/0900 PRESTON Erection of 3 wind turbines Sillfield Wind Cluster Appeal against APP/MO933/A/09/2099304/NWF 12/03/09 PATRICK: and associated Limited non-determination (Full Planning Public Inquiry Land at Sillfield, infrastructure Application) Gatebeck SL/2008/1027 BARBON: Extensions Mr & Mrs D Maloney Refused APP/M0933/A/09/2097145/WF 09/02/09 Parson Hill, Barbon 22/12/08 (Full Planning Written Reps Committee Application) 18/12/08 Officer Recommendation – Director to Report SL/2008/1092 KENDAL: Detached dwelling and The Russell Armer Refused APP/MO933/A/09/2097971/WF 20/02/09 Land at Brigsteer garage Pension Scheme 14/01/09 (Full Planning Written Reps Road to rear of Delegated Application) Elmhurst

Date: 22/04/2009 Version No: Amended by: 5 94

Planning Site Description Appellant Local Planning Planning Inspectorate Appeal Reference Authority Reference start decision and date date Type of Appeal SL/2008/1219 KENDAL: Redevelopment of Site to Mr Barris Liptrott Refused APP/M0933/A/09/2101381/NWF 09/04/09 Kendal Rugby form retail development with 26/03/09 (Outline Public Inquiry Union Football Club, associated car parking and Committee Planning Shap Road, Kendal servicing facilities 26/03/09 Application) Officer Recommendation - Refuse SL/2009/0055 KENDAL: Appeal against Enforcement Jonathon Richard Enforcement APP/M0933/C/09/2093773 19/01/09 Skewmount, High Notice re erection of a Martindale (Enforcement) Written Reps Tenterfell, Kendal timber deck with surrounding balustrade and enclosed storage area

Date: 22/04/2009 Version No: Amended by: 6 95

96 APPENDIX C

Committee: Planning Date of Meeting: 30 April 2009 Report Title: Appeals Update at 19 April 2009

APPEALS DETERMINED DURING 2009 Planning Index Planning Inspectorate Reference Site Description Officers Decision of Planning Reference Appeal Recommendation Inspectorate No. (decision made by Start date Committee or under delegated powers) SL/2008/0232 09/01 APP/M0933/A/08/2079913/WF KENDAL: New single dwelling Refused - 17/04/08 DISMISSED house with adjacent car 09/07/08 (Written Reps) Land off Back Lane, 13 Jan 09 parking space and Committee – Kendal parking space for 18 17/04/08 Castle Crescent Officer Recommendation - Refuse SL/2008/0793 09/02 APP/M0933/C/08/2081277/WF PENNINGTON: Appeal against Enforcement Notice DISMISSED Enforcement Notice - issued 18/08/08 (Written Reps) Unit 1, Green Moor 27 Feb 09 (Time given to comply Farm, Pennington with Notice is too short – 2 months)

Date: 22/04/2009 Version No: Amended by: 7 97 Planning Index Planning Inspectorate Reference Site Description Officers Decision of Planning Reference Appeal Recommendation Inspectorate No. (decision made by Start date Committee or under delegated powers) SL/2008/0960 09/03 APP/M0933/A/08/2084849 KIRKBY IRELETH: Appeal against Enforcement Notice ALLOWED APP/M0933/C/08/2084850 Enforcement Notice re Issued CONDITIONALLY – 15/09/08 Bell Hall Farm Change of Use of ENFORCEMENT (Hearing) Head Cragg agricultural land to NOTICE QUASHED- Kirkby in Furness allow the storage and PLANNING hiring out of agricultural PERMISSION equipment GRANTED 23 March 09 SL/2007/1424 09/04 APP/M0933/A/08/2080995/NWF PENNINGTON: Use of unit as vehicle Refused DISMISSED Unit 1, Green Moor repair workshop 14/02/08 22/07/08 (Written Reps) 27 Feb 09 Farm, Pennington (Renewal SL/2006/1221) Committee 14/02/08

Officer Recommendation – Refuse SL/2008/0254 09/05 APP/MO933/A/08/2092313/WF NEW HUTTON: Conversion of Refused DISMISSED Birks Farmhouse outbuilding to dwelling 11/06/08 16/12/08 Written Reps 06 March 2009 Delegated

Date: 22/04/2009 Version No: Amended by: 8 98