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, 27 May 2010, 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 Brian Cooper Joss Curwen Colin Davies Philip Dixon Sheila Eccles Sylvia Emmott Clive Graham Brenda Gray (Vice-Chairman) Colin Hodgson Frank Hodson Janette Jenkinson Kevin Lancaster Sonia Lawson Ian McPherson (Chairman) Maureen Nicholson David Williams Mary Wilson
18 May 2010 (date of despatch) Debbie Storr, Corporate Director (Monitoring Officer)
For all enquiries, please contact:- Committee Administrator: Janine Jenkinson Telephone: 01539 733333 Ext.7493 e-mail: [email protected]
1
2 AGENDA Page Nos. PART I 1. APOLOGIES To receive apologies for absence, if any. 2. MINUTES 5 - 12 To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 29 April 2010 (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 Services Manager on 01539 717440. (1) Planning Applications Planning applications for which requests to speak have been made. (2) Agenda Items Agenda items for which requests to speak have been made. 6. REPORT OF THE CORPORATE DIRECTOR (COMMUNITIES) 13 - 40 To determine planning applications received. 7. TREES AT LOW KIRKBARROW LANE, KIRKLAND, KENDAL 41- 44 To seek Members determination of a request to remove five trees located within the Kendal Conservation Area. 8. A REPORT ON ENFORCEMENT ACTIVITY FROM 1 MARCH TO 2 APRIL 45 - 52 2010 To inform Members about enforcement activity between 1 March to 2 April 2010. 9. APPEALS UPDATE AT 17 MAY 2010 53 - 63 To provide Members with information about receipt and determination of planning appeals.
3 PART II Private Section (exempt reasons under Schedule 12A of the Local Government Act 1972, as amended by the Local Government Act (Access to Information) (Variation) Order 2006, specified by way of paragraph number) There are no items in this part of the agenda.
4 Item 2 101 29.4.2010 Planning
PLANNING COMMITTEE
Minutes of the proceedings at a meeting of the Committee held in the Council Chamber at South Lakeland House, Kendal, on Thursday, 29 April 2010, at 10.00 a.m.
Present
Councillors
Ian McPherson (Vice-Chairman)
Alan Baverstock Jane Carson Brian Cooper Joss Curwen Colin Davies Sheila Eccles Sylvia Emmott Brenda Gray Frank Hodson Janette Jenkinson Kevin Lancaster Maureen Nicholson David Williams
Apologies for absence were received from Councillors Paul Little (Chairman) and Mary Wilson.
Officers
Zaheer Bashir Solicitor Barry Jackson Planning Officer Janine Jenkinson Assistant Democratic Service Officer Andy Roe Development Management Group Manager
P/140 MINUTES
Councillor Alan Baverstock stated that he had declared a personal interest in Planning Application No.SL/2009/1135 by virtue of being a member of Arnside Area of Outstanding Natural Beauty Trust.
RESOLVED – That, subject to the inclusion of the amendment as detailed above, the Chairman be authorised to sign, as a correct record, the minutes of the meeting of the Committee held on 25 March 2010.
P/141 DECLARATIONS OF INTEREST
RESOLVED – That it be noted that the following declarations of interest were made:-
(1) Councillor Joss Curwen - Minute P/149 (Case Ref 09.377 22 Hallfield, Ulverston);
(2) Councillor Frank Hodson - Minute P/149 (Case Ref 09.377 22 Hallfield, Ulverston);
(3) Councillor Kevin Lancaster - Minute P/146 (Planning Application No.SL/2010/0190); and
5 102 29.4.2010 Planning
(4) Planning Officer Barry Jackson - Minute P/147 (Planning Application No.SL/2010/0201 and SL/2010/0202).
P/142 LOCAL GOVERNMENT ACT 1972 – EXCLUDED ITEMS
RESOLVED – That it be noted that there were no items in Part II of the Agenda.
P/143 PLANNING APPLICATIONS
The Development Management Group 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/144 PUBLIC PARTICIPATION
Planning Applications
RESOLVED – That the following application, for which a representation had been received from a member of the public, in accordance with Minute 1810 (1996/97), be determined in the following manner:-
5.SL/2010/0127 KIRKBY LONSDALE: Hawkrigg Farm, Mansergh, Carnforth. Siting of three holiday chalets. (K & G Cowin)
Members felt that a site visit would be beneficial in order to assess the impact of the proposed development.
A representation to address the Committee had been received from Mrs Fletcher. The Chairman advised Mrs Fletcher that she had the option of deferring her representation to the Committee until after a site visit had been undertaken, if she so wished.
Mrs Fletcher felt it would be appropriate to postpone her comments regarding the scheme until Members had had the opportunity to assess the proposal in relation to the location.
DEFER for site visit
P/145 COMPLEX PLANNING APPLICATIONS
RESOLVED – That the following applications be determined in the manner set out:-
1.SL/2010/0033 EGTON WITH NEWLAND: The Britannia Inn, Penny Bridge, Ulverston. Change of use from public house to dwelling. (Frederic Robinson Ltd)
6 103 29.4.2010 Planning
The application had been withdrawn prior to the Committee meeting.
WITHDRAWN
2.SL/2010/0081 KENDAL: K Village site, Lound Road. Amendments to Planning Permission SL/2005/0619 to facilitate the relocation of the Heritage Centre together with additional retail trading space, office space in place of previously approved restaurant and Heritage Centre. (Kendal Riverside Ltd)
The Planning Officer provided the Committee with a précis of a letter that had been received from Audrey Selkeld, Historical Researcher for the Heritage Centre. She had expressed disappointment at the adverse comments received from Kendal Civic Society and offered reassurance that the relocation of the Heritage Centre from the ground floor to the first floor would not affect the quality or accessibility of the exhibition.
Cumbria Highways had requested additional information regarding the considerable expenditure incurred in meeting the highway requirements and the new junction. Information had been provided by the applicant’s agent. The Planning Officer explained that the amendments were within the main body of the approved building and unlikely to justify any further highway requirements.
GRANT – Subject to the same conditions applied to the ‘parent’ Planning Permission (unless otherwise varied by this consent) - SL/2005/0619 to ensure that the retail operation functioned as a factory outlet centre and to continue the link to the existing Section 106 agreement, varied as necessary to take account of the details approved.
Note – Councillor Kevin Lancaster declared a personal interest in the following item of business, by virtue of knowing the applicant.
P/146 CORPORATE DIRECTOR (COMMUNITIES) TO DETERMINE
RESOLVED – That the following application be determined in the manner set out:-
8.SL/2010/0190 KILLINGTON: Hallbeck Farm, Killington, Kirkby Lonsdale. Agricultural buildings and slurry store. (Mr Robert Waller)
The Development Management Group Manager read out in full a letter of objection received from a neighbouring resident. The letter stated that the revised application was not an agreed compromise but that in the circumstances it was acceptable. Concerns raised by the neighbour related to the impact of increased odours to their farmhouse. A number of measures were suggested to prevent odour escape.
The Environmental Protection Group had not raised any
7 104 29.4.2010 Planning
objections to the application. The management of the slurry store would be covered by suitable legislation, the proposed means of controlling direct odours would be covered by a planning condition.
Members felt that the revised scheme was acceptable in this location and elected to support the proposal.
The Corporate Director (Communities) be authorised to GRANT at the end of the consultation period, subject to the conditions detailed in the Schedule and an additional condition relating to the details of the proposed means of controlling odours emanating directly from the slurry store being submitted to and approved in writing by the Local Planning Authority before development work in connection with the installation of the slurry store is commenced.
P/147 COMPLEX PLANNING APPLICATIONS
RESOLVED – That the following applications be determined in the manner set out:-
3.SL/2010/0099 ULVERSTON: Hart Street Stores, 42 Hart Street, Ulverston. Change of use of part of shop to form children’s soft play area. (Mr Kevin Joseph Lackey)
The Development Management Group Manager updated the Committee on consultee responses received. With regards to highways issues and car parking demand, Cumbria Highways had highlighted that there was limited on-street car parking provision within the vicinity. In addition they recommended that any permission be granted for a one year trial period.
The Environmental Protection Officer had confirmed that a noise attenuation assessment had been undertaken and the existing party wall adhered to the standard requirements.
Members were advised that the applicant was willing to operate the play centre on a trial basis to allow the impact of the scheme to be assessed.
With regards to granting permission for a limited trial period, Members felt that an extended period of two years would be appropriate to enable the impact of the development to be fully considered.
GRANT – Subject to the following conditions:-
(1) temporary consent for a trial period of two years;
(2) a maximum of twenty-five children; and
8 105 29.4.2010 Planning
(3) the hours of use of childrens play area to be limited to 9 a.m. – 6.30 p.m. daily.
4.SL/2010/0107 KENDAL: Land at Back Lane, Kendal. Demolition of garage and erection of dwelling. (Mr Philip Taylor)
The Committee had undertaken a site visit in relation to the previous application that had been refused and dismissed on appeal. Therefore, assessment of the revised proposal was considered in this context.
The Development Management Group Manager reported to the Committee an additional letter of objection that had been received from a neighbouring resident. Concerns raised related to the impact on the Conservation Area and flood risk.
On balance, Members felt that the application had overcome the issues raised by the previous scheme and considered the application to be acceptable on the site.
GRANT – Subject to the conditions detailed in the Schedule and an additional condition to cover standard hours of working during the construction period.
6.SL/2010/0150 ULVERSTON: Land at Birdlands, Old Hall Road, Ulverston. Two dwellings. (Mr & Mrs A Walker)
The application had been withdrawn prior to the Committee meeting. Members had undertaken a site visit in anticipation of a revised application being submitted.
WITHDRAWN
Note – Planning Officer, Barry Jackson declared a personal and prejudicial interest in the following item of business, by virtue of knowing the applicant. He left the Council Chamber during the discussion and voting thereon.
7.SL/2010/0201 KENDAL: 14 Cross Lane, Kendal. Five dwellings. (FPA) & (Mr Don Lewthwaite) SL/2010/0202 (CAC)
The Development Management Group Manager updated the Committee on consultee responses received. The Environmental Protection Group had recommended conditions relating to contamination issues, noise and the hours of working during the construction and demolition period be applied to any permission granted.
Kendal Town Council had recommended the application be
9 106 29.4.2010 Planning
approved.
Cumbria Highways had raised objections relating to highway access, visibility, and the retention of the garage.
No comments had been received from Natural England, however, Members were advised that they had not raised any objections to the previously submitted application.
GRANT – Subject to the conditions detailed in the Schedule and additional conditions relating to measures for the management and mitigation of on-site contamination, measures to address noise attenuation within the dwellings and requiring the hours of working during the construction and demolition period to be standard.
P/148 STRAIGHTFORWARD PLANNING APPLICATIONS
RESOLVED – That the following application be determined in the manner set out:-
9.SL/2010/0175 OLD HUTTON AND HOLMESCALES: Greenacre Barn, Popplemire Lane, Old Hutton, Kendal. Siting of timber lodge to house dependant relatives, together with installation of septic tank. (Mr and Mrs Launder)
The Planning Officer reported receipt of a letter of support received from a neighbouring resident. The letter asserted that the applicants were good neighbours and the development would not exert any detrimental impact to the amenity of surrounding properties. The applicant’s agent had circulated to the Committee a letter stating points in favour of the proposal.
Old Hutton and Holmescales Parish Council had recommended that the application be approved.
A discussion took place in which Members gave consideration to the planning issues raised by the application and the personal circumstances of the applicants’. The Committee concluded that the proposal was contrary to established policy objectives and to accept the principle of this development would set a precedent, therefore, the application could not be supported.
REFUSE
Note – Councillors Joss Curwen and Frank Hodson declared personal interests in Case Ref 09.377 22 Hallfield, Ulverston, by virtue of being members of the Taxi Forum.
P/149 ENFORCEMENT ACTIVITY FROM 25 JANUARY 2010 TO 26 FEBRUARY 2010
Members were presented with a report on enforcement activity between 25 January 2010 and 26 February 2010. Four outstanding cases from the enforcement caseload had been resolved. Twenty-three new complaints had been recorded and were being investigated, of which six had been resolved.
10 107 29.4.2010 Planning
10.100 Dallam School, Milnthorpe
Planning permission had been granted for an artificial pitch, associated fencing and lighting subject to conditions requiring a landscaping scheme being submitted and approved and subsequently carried out in the first available planting season. The landscaping scheme had been implemented but due to lack of maintenance approximately 50% of the trees had failed. The Planning Officer advised the Committee that various correspondences had been made with the agent; however a new scheme had not yet been received. Therefore the Committee’s authorisation was sought to ensure that an appropriate landscaping scheme was carried out.
09.377 22 Hallfield, Ulverston
Information had been received in relation to the operation of a taxi business from the property. It had been established that three taxis were being run and used from the property, one being a mini bus.
The level of activity was considered unacceptable in this location and therefore authorisation was sought for all necessary enforcement action to cease the use of the domestic dwelling for the running and keeping of a taxis business.
09.211 Rear of Church Street, Milnthorpe
The Development Management Group Manager summarised for Members the historic context of the case. An Enforcement Notice had been served to cease the use of a newly created rear access between Church Street and adjacent commercial premises at Houghton’s Coach Builders and to restore the land to the condition prior to the works taking place.
In response an appeal against the Notice had been lodged. The Committee was informed that the Inspector had allowed the appeal but with a variation to the Notice, requiring the landowner to ‘reinstate the land with good quality top soil and restore the land to a grassed area in appearance’. Compliance with the Notice would continue to be monitored by the Enforcement Officer.
10.003 24 Chapelfield, Burneside
A number of complaints had been received from residents of Chapelfield regarding a caravan that was being used as residential accommodation.
Members were informed that an Enforcement Notice had been served requiring the owners of 24 Chapelfield to cease the use of the land for the siting of the caravan used as an independent dwelling and the removal of any caravan from land not used for purposes ancillary to the enjoyment of the primary dwelling. The Planning Officer reported that the caravan had now been removed.
RESOLVED – That
(1) the report be received;
(2) in respect of 10.100 Dallam School, Milnthorpe, the Corporate Director (Monitoiring Officer) be authorised to take all necessary enforcement action to ensure that an appropriate landscaping scheme be implemented;
11 108 29.4.2010 Planning
(3) in respect of 09.377 22 Hallfield, Ulverston, the Corporate Director (Monitoring Officer) be authorised to take all necessary enforcement action to cease the use of the domestic dwelling for the running and keeping of taxis;
(4) in respect of 09.211 Rear of Church Street, Milnthorpe, the appeal decision be noted; and
(5) in respect of 10.003 24 Chapelfield, Burneside, the situation be noted.
P/150 RESIDENTAL MONITORING FOR THE PERIOD 1 APRIL 2009 TO 31 MARCH 2010 (4TH QUARTER AND FINAL REPORT)
The Development Management Group Manager reported to the Committee the situation at 31 March 2010 with regards to residential permissions and completions within the monitoring period 1 April 2009 – 31 March 2010 in comparison with the North West Regional Spatial Strategy (RSS) requirement.
RESOLVED – That the report be noted.
P/151 APPEALS UPDATE AT 19 APRIL 2010
RESOLVED – That the report be noted.
P/152 ANNOUNCEMENT
The Chairman, Councillor Paul Little, had been unable to attend the Committee meeting, however, he had forwarded an email which was read out in full. The email had advised that he was retiring as a District Councillor and that he wished to thank Officers and Members for their commitment and support.
In response Members paid tribute to Councillor Little and thanked him for his professional conduct as Chairman of the Committee. The Development Management Group Manager endorsed the comments on behalf of the Planning Officers.
The meeting ended at 12.25 p.m.
12 AGENDA ITEM NO ………6…………
SOUTH LAKELAND DISTRICT COUNCIL
From: Corporate Director (Communities) To: Planning Committee – 27 May 2010
REPORT OF CORPORATE DIRECTOR (COMMUNITIES)
PLANNING APPLICATIONS FOR DECISION Page No
Index
Schedule A - Complex planning applications 17 - 26
Schedule B - Planning applications where the Corporate Director 27 - 35 (Communities) is seeking authority to determine
Schedule C - Applications relating to Listed Buildings 36 - 37
Schedule D - Advertisements N/A
Schedule E - Development by South Lakeland District Council and N/A Cumbria County Council
Schedule F - Straightforward planning applications 38 - 40
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
13
14 SOUTH LAKELAND DISTRICT COUNCIL PLANNING COMMITTEE – 27 May 2010
SCHEDULE REFERENCE SECTION SITE ADDRESS NUMBER NUMBER & PAGE No.
BARBON 2 SL/2010/0215 A (20 – 23) Parsons Hill
EGTON WITH NEWLAND, MANSRIGGS AND OSMOTHERLEY 3 SL/2010/0303 A (24 – 26) High Mansriggs Farm, High Mansrigg
GRANGE over SANDS 4 SL/2010/0047 B (27 – 32) Fox Rock, Allithwaite Road, Kents Bank
KENDAL 7 SL/2010/0260 F (38 – 40) 19 Fulmar Drive
KIRKBY LONSDALE 1 SL/2010/0127 A (17 – 19) Hawkrigg Farm, Mansergh
ULVERSTON 6 SL/2010/0304 C (36 – 37) Land adjacent Sir John Barrow Monument, Hoad Hill 5 SL/2010/0327 B (33 -35) Land at Birdlands, Old Hall Road
1 15
16 SCHEDULE A
Complex Planning Applications
SCHEDULE No: 1
SL/2010/0127 KIRKBY LONSDALE: HAWKRIGG FARM, MANSERGH, CARNFORTH
PROPOSAL: SITING OF THREE HOLIDAY CHALETS
K & G COWIN
27/05/2010 E359756 N482416
SUMMARY: An additional three holiday chalets would be intrusive and damaging to the character and appearance of the countryside in this part of the Lune Valley. Refuse.
KIRKBY LONSDALE TOWN COUNCIL: Approval recommended.
CUMBRIA HIGHWAYS: The scale of the development is acceptable.
COUNTY COUNCILLOR: The County Councillor for the Lower Kentdale Division has written to support the application and to request that it be considered by the Planning Committee. He argues that this relatively minor amendment to the existing development would assist the viability of the farm business in which many members of the family are engaged. The visual intrusion would not be much more than the existing development which, from most viewpoints, is well screened although additional landscaping might be required for the extra chalets. There are no highway-related problems.
OTHER: One letter of support has been received in which it is pointed out that visitors to the caravan park at Hawkrigg Farm spend money in Kirkby Lonsdale and thus help to
17 support local businesses.
HISTORICAL CONTEXT: The holiday park was established following a planning permission granted in 2003 for 12 static caravans. More recently, in August last year, permission was refused, under delegated powers, for an additional three holiday chalets on the ground of visual intrusion. The additional chalets were to be sited at the southern end of the caravan park. Consideration of this current application was deferred at last month’s meeting to enable Members to visit Hawkrigg Farm.
DESCRIPTION AND PROPOSAL: This latest application is similar to the previous proposal in that the additional three chalets are to be sited at the southern end of the caravan park, although their individual positions have changed. One of the chalets is to be sited some 40 metres south of the current southernmost chalet, adjacent to the bridleway which passes parallel to the eastern boundary of the caravan park. The other two chalets are to be located to the west of, and at a higher level than, the southernmost chalet. The southern part of the caravan park has been extended, without planning permission, into the adjacent field by approximately 30 metres when compared to the 2003 planning permission, although no chalets are currently stationed here. In addition to the caravan park, Hawkrigg is a working farm.
PLANNING POLICIES: Policy EC7 of Planning Policy Statement 4 (“Planning for Sustainable Economic Growth”) states that “Local planning authorities should, through their local development frameworks, -- ensure that new or expanded holiday and touring caravan sites and chalet developments are not prominent in the landscape and that any visual intrusion is minimised by effective, high-quality screening ---.” Policy T6 of the South Lakeland Local Plan allows small-scale extensions to caravan sites provided that there is no adverse impact on: the landscape or the built environment; the capacity of the road system and parking provision; or the protection of wildlife, archaeology and geological features. “Small-scale” is defined as being in the order of a 10% increase in numbers. Local Plan Policy E10 states that proposals for farm diversification will be permitted provided that the character of the area, amongst other defined character, is not damaged. Policy CS7.6 of the Submission Core Strategy Development Plan Document supports the creation, enhancement and expansion of tourist attractions and tourism infrastructure in accordance with the development strategy in CS1 and the principles for tourism development in Policy W7 of the Regional Spatial Strategy (RSS). Development should be of an appropriate scale and be located where the environmental and infrastructure can accommodate the visitor impact. Finally, RSS Policy EM1 states that “Priority should be given to conserving and enhancing area, sites, features and species of international, national, regional and local landscape, natural environment and historic environment importance”
18 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 present caravan park at Hawkrigg benefits from a back-cloth of rising ground and a foreground of trees, some recently planted, and substantial farm buildings when viewed from the east. By contrast, this proposal would extend the caravan park in a manner which would not benefit from the screening qualities of the farm buildings or the mature belt of trees. Two of the proposed chalets are to be sited behind the current most southerly chalet on rising ground. The third chalet is to be sited to the south of the existing units where it will significantly extend the boundary of the caravan park. On plan, this chalet appears to be within the boundary of the caravan park but it should be noted that the park has been extended here without planning permission. The introduction of an additional three chalets would be in direct conflict with the objectives of the national, regional and local planning policies referred to earlier in this report. They would exacerbate the intrusive nature of the caravan park and would not constitute a small-scale extension as defined by Local Plan Policy T6. In order to limit the visual impact of the caravan park it is recommended that this proposal to increase the number of chalets should be resisted.
RECOMMENDATION: REFUSE for the reason below: Reason (1) The additional three holiday chalets would be visually damaging to the character and appearance of the countryside surrounding the Hawkrigg Lune Valley Park. As a consequence, the proposal is not compatible with the aims and objectives of Policy EC7 of Planning Policy Statement 4 (“Planning for Sustainable Economic Growth”); Policies W7 and EM1 of the Regional Spatial Strategy; Policies T6 and E10 of the South Lakeland Local Plan; and Policies CS1.1 and CS7.6 of the Submission Core Strategy Development Plan Document.
19 SCHEDULE A
Complex Planning Applications
SCHEDULE No: 2
SL/2010/0215 BARBON: PARSONS HILL, BARBON,
PROPOSAL: DEMOLITION OF GARAGE AND EXTENSIONS AND ALTERATIONS TO DWELLING
MR & MRS D
MALONEY
27/05/2010 E362638.2 N482525
SUMMARY: The extension to the gable elevation has been lowered in height compared to the previous proposal and, as a consequence, the reduced scale is less bulky than its predecessor. Grant.
BARBON PARISH COUNCIL: No objections.
OTHER: Two letters of objection have been received; the main grounds of concern can be summarised as follows:- • The proposal is very much out of character with the adjoining property, with the village of Barbon and the area in general. • The property has already been enormously enlarged and, if this current application succeeds, the house would be greatly out of scale with the surrounding properties. • The proposal involves the unnecessary demolition of an existing garage and a new garage being incorporated into the proposed extension. It provides little additional accommodation and the garage may be used for accommodation purposes at some future date. • It is essential that the protected, mature trees are not damaged. The trees are a major feature of the approach into the village.
20 • A separate sewage system should be installed; Parsons Hill and The Old Vicarage share the same system as the nearby Box Tree development.
A neighbouring resident has observed that, after four applications and one appeal, the net gain to the applicants will be one bedroom with attached bathroom, above a double garage. The size of the scheme now put forward is a very small fraction of that refused in 2007. Had this been what was originally required and planned, it might have been built and enjoyed several years ago without serious objections. The previous objections were always with regard to the scale, design and finish of the proposals.
HISTORICAL CONTEXT: Parsons Hill was significantly extended following a planning permission granted in March 2004. A further extension was refused permission in February 2008 on the grounds that it would be harmful to the living conditions enjoyed by the occupants of the adjoining property, The Old Vicarage, and that it would appear as a large and dominant building, harmful to the character and appearance of this part of the village. More recently, in December 2008, planning permission was again refused for the house to be extended on the ground that it would be unacceptably harmful to the residential enjoyment of The Old Vicarage. This decision was made following a site visit by Members of the Planning Committee. A subsequent appeal was dismissed. The Inspector, as well as finding the proposal unacceptable in terms of its effect on the living conditions of neighbours, also found the design and scale to be unacceptable. He considered that the setting of the group of buildings would be harmed together with the character of the area. Finally, in February of this year permission was refused for a two-storey extension to be added to the gable elevation of Parsons Hill. The reason for refusal reads as follows: The proposed extension to the north-west gable would substantially add to the bulk of the property thereby harming the setting of this group of buildings and the character and appearance of this part of the village. As a consequence, the proposed development is not compatible with the aims and objectives of Policy S2 of the South Lakeland Local Plan.
DESCRIPTION AND PROPOSAL: Parsons Hill is a substantial dwelling house which stands in a large garden. It occupies a prominent, elevated position within the village. The building was originally an annex attached to the adjoining house which was formerly the vicarage (it is now known as The Old Vicarage). Parsons Hill has been extended on a number of occasions, most noticeably with a two-storey wing following a planning permission granted in March 2004. The proposal is to enlarge the house further. A Tree Preservation Order has recently been placed on the four trees which stand on the western boundary of the curtilage of the property. The development now comprises:-
21 • A two-storey extension to the north-west gable elevation that will house a double garage and utility room on the ground floor with a bedroom and bathroom above. The new building will extend Parsons Hill by 7 metres and will be 10.5 metres in depth. The extension will be 6.5 metres in height to the ridge, which is the same height as the eaves of the building to be extended. The new building will feature two dormer windows on the front elevation and one on the rear roof pitch together with slate roofs and stone-facing. • A new and substantial entrance porch on the front, north-east elevation. • Three dormer windows are to be installed on the north-east elevation above existing window openings. • The removal of the modern conservatory from the rear, south west elevation and the addition of a single-storey, masonry-built lean-to. • The demolition of the current, free-standing garage.
POLICY ISSUES: Policy S2 of the Local Plan sets out the South Lakeland Design Code and requires development applications to take proper account of its principles. Planning Policy Statement 3 (“Housing”) states, amongst other things, that good design is fundamental to the development of high quality housing and that design which is inappropriate in its context, or which fails to take the opportunities available for improving the character and quality of an area should not be accepted. The protection of residential amenity in one or more of its various aspects 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: This latest proposal invites comparison with the application refused permission at the February meeting rather than that dismissed on appeal. The latter, a substantial extension to the north-east elevation raised questions of unneighbourliness as well as scale and design whereas the former concerned a two-storey extension to the gable elevation which had no adverse impact on the residential enjoyment of the adjoining house, The Old Vicarage. Although the extension now proposed will extend the length of Parsons Hill by the same amount as its predecessor (6.5 metres), the fact that it is 1.5 metres lower reduces its bulk by a considerable extent. The ridge of the roof of the previous scheme was the same height as the eaves of the adjoining building. The reduction in scale answers the criticisms levelled at the previous proposal and the extension now proposed, in contrast to the earlier schemes, will not appear incongruously large in relation to its surroundings. Advice over the effect of the development on the protected trees is being sought.
22 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) The extension hereby permitted shall be faced externally with natural stone. A sample panel of the proposed stonework shall be erected on the site for the further written approval of the Local Planning Authority before any building works are commenced. Reason (2) To ensure that the development is compatible with the aims and objectives of Policy S2 of the South Lakeland Local Plan.
Condition (3) The roofs of the extensions hereby permitted shall be covered with natural slate to match that used on the roof of Parsons Hill unless the prior written consent of the Local Planning Authority is obtained for the use of an alternative slate. Reason (3) To ensure that the development is compatible with the aims and objectives of Policy S2 of the South Lakeland Local Plan.
Condition (4) As indicated on drawing no. L2641/32 the free-standing garage shall be demolished and the site re-instated as garden ground within six months of the new garage being completed and available for use. Reason (4) To ensure that the development is undertaken in accordance with the submitted details.
REASON FOR GRANTING PLANNING PERMISSION: The extensions are of a scale and design which is compatible with the aims and objectives of Policy S2 of the South Lakeland Local Plan.
23 SCHEDULE A
Complex Planning Applications
SCHEDULE No: 3
SL/2010/0303 MANSRIGGS: HIGH MANSRIGGS, ULVERSTON
PROPOSAL: CONVERSION OF BARN INTO THREE DWELLINGS FOR LOCAL OCCUPANCY (RE- SUBMISSION OF SL/2007/0962)
MR T 27/05/2010 EDMONDSON E328987.4 N480730.1
SUMMARY: Conversion of barn to three local occupancy dwellings. Previous approval for three holiday cottages. Considered acceptable subject to occupancy restrictions. Consultation period expires 28 May.
EGTON WITH NEWLAND, MANSRIGGS AND OSMOTHERLEY PARISH COUNCIL: Comments to be received by 27 May 2010
CUMBRIA HIGHWAYS: To be reported.
ENVIRONMENTAL PROTECTION GROUP: To be reported.
HISTORICAL CONTEXT: Permission was granted in November 2007 for the conversion of this traditional former agricultural building to three holiday letting units. This application seeks permission to convert the building to three dwellings for local occupancy.
24 DESCRIPTION AND PROPOSAL: The stone built barn is located alongside a minor road between Alpine Road and the B5281 in open countryside approximately 2 miles to the north of Ulverston. It is within a group of other more modern farm buildings which form part of a working farm known as High Mansriggs Farm. The farmhouse and other agricultural buildings are located approximately 100 metres to the north of the application site. A residential property known as Low Mansriggs is located some 55 metres to the east of the site. The proposal involves the vertical division of the building to form one, one bedroom dwelling and two, two bedroom dwellings. A small single storey modern lean to extension at the eastern end of the building would be demolished and rebuilt to form a dining room for unit three and a small single storey extension would be constructed to the rear of units one measuring 3.5 metres by 1.5 metres deep. The remainder of the scheme would be contained within the existing building. The details of the conversion are as previously approved with the reuse of existing and former window and door openings, with the addition of three window openings to the front elevation. A modern byre connecting the building to a larger portal framed agricultural building would be removed to expose the rear elevation and create small garden areas to serve the dwellings. A structural report has been submitted which confirms that the building is capable of conversion without the need for major rebuilding. A parking area for six cars would be provided at the eastern end of the site on an existing enclosed hardstanding area. Drainage would be via a new treatment system to be installed within the car park. A bat and barn owl survey has been submitted with the application which indicates that there appear to be no bats roosting in the building, but recommends precautionary mitigation measures.
POLICY ISSUES: Planning Policy Statement 3 (PPS 3) – Housing requires Local Planning Authority’s to demonstrate that appropriate measures are introduced to improve housing land supply. Paragraph 71 of PPS3 states that where Local Planning Authorities cannot demonstrate an up to date 5 year supply of deliverable sites they should consider favourably planning applications for housing of an appropriate scale and in sustainable locations. The NW Regional Spatial Strategy (RSS) was adopted in September 2008, replacing many of the policies within the Cumbria and Lake District Joint Structure Plan. Policy L4 of the RSS requires that Local Planning Authorities manage land to ensure an appropriate level of housing supply. It also encourages the re-use of brownfield sites. Policy RDF2 promotes small-scale development to sustain rural areas outside service centres. Policy H12 of the South Lakeland Local Plan relates to the conversion of buildings outside development boundaries and sets out the criteria against which such proposals should be judged. This policy was reinstated in July 2008 on the basis that the dwellings provided should be for local occupancy and in cases where more than one dwelling is proposed, 50% should be available as affordable units.
25 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 principle of converting the building to residential accommodation has previously been established, and the form and details of the conversion are considered to be acceptable. The main issue in this case is whether it would be appropriate to allow the units to be occupied as permanent residential accommodation as opposed to holiday letting units. The purpose of the development is to provide a supplementary income for the farm. The applicants have indicated that they are concerned about whether the holiday letting business is viable for this site because of the apparent lack of demand and would instead wish to rent the units for local occupancy. The proposed dwellings are modest in size and are therefore appropriate for affordable rental occupation. However, because of their location and relationship to the working farm it is considered that the dwellings should remain linked to the farm as a single planning unit as well as restricting the use for either holiday letting purposes or for occupancy by local people.
RECOMMENDATION: Subject to the receipt of outstanding consultation responses, the Corporate Director (Communities) to GRANT the application on the expiry of the consultation period subject to: (1) Standard time limit. (2) Materials to be agreed. (3) Parking area and boundary details. (4) Drainage details to be agreed. (5) Restriction of use to either holiday lets or for Local Occupancy. (6) Link to main farm as single planning unit. (7) Bat and Barn Owl mitigation measures.
26 SCHEDULE B
Planning Applications where the Corporate Director (Communities) is seeking authority to determine
SCHEDULE No: 4
SL/2010/0047 GRANGE OVER SANDS: FOX ROCK, ALLITHWAITE ROAD, KENTS BANK, GRANGE over SANDS
PROPOSAL: EXTENSION OF TIME CONDITIONS ON PLANNING PERMISSIONS SL/
2004/0920
(OUTLINE) AND 27/05/2010 SL/2007/1275 E339803 N476635 (RESERVED MATTERS) FOR RESIDENTIAL DEVELOPMENT COMPRISING 4 DETACHED DWELLINGS AND 6 APARTMENTS WITH ATTACHED DWELLING
MR & MRS M and D DAVIES
SUMMARY: Housing policies have materially changed since the date of the last outline planning permission in 2004. Without the provision of affordable housing within the scheme, the application would not accord with these policies and therefore should be refused.
GRANGE OVER SANDS TOWN COUNCIL: The Town Council has nothing to add to the response given to the previous application. The Town Council previously objected to the scale of the development, the amount of hard surfacing and impact on surface water drainage and the potential increase in the risk of accidents due to the additional traffic using the junction of Rowanside and Allithwaite Road.
27
CUMBRIA HIGHWAYS: No objections provided all highway conditions remain in place.
UNITED UTILITIES: No objection to the extension of the time period.
OTHER: Letters of objection have been received from five local residents. Reasons for objection include: • It is considered that traffic has increased on Allithwaite Road since the original application. The increase in traffic using the substandard junction between Rowanside and Allithwaite Road would adversely affect highway safety. • There is no available access to the private drainage scheme in Greenacres. The access is over a strip of land outside the ownership of the applicant and there is no reasonable prospect of the applicants being able to use this land. • The scheme is likely to result in surface water egress onto Greenacres. • The development would result in a loss of privacy. • The scale of the development is out of keeping with the surrounding area. • Planning permission should not continue to be renewed without full consideration of the scheme.
HISTORICAL CONTEXT: The site has a long history of designation and permission for development as part of a larger area. The 1986 Cartmel and Furness Local Plan first allocated a site consisting of 1.3 hectares for residential development. The allocation included this site, the area now developed around the access (Rowanside) and a parcel of land to the south (Greenacres). The allocation was carried through to the 1997 South Lakeland Local Plan. The first phase involving the area immediately alongside Allithwaite Road was granted planning permission in 1990 for 11 houses. Subsequent to this planning permission was granted for the development of the parcel of land at the south of the allocated site in 1993 for a further 14 units (13 accessed via Rowanside). Outline planning permission was then granted for the current site in August 2001 and then renewed in November 2004. In 2008 the reserved matters relating to the layout, design and access were granted planning permission.
DESCRIPTION AND PROPOSAL: The current application is for the extension of time conditions on the planning permission. The site subject to the outline planning permission is approximately 0.5 hectares. It forms part of an extensive garden of the dwelling of Fox Rock. Access would be
28 from a private road to the east of the site via Rowanside and the junction with Allithwaite Road. The garden slopes uphill from the private road toward the existing house at Fox Rock. The site also includes a section of the road at Greenacres which is outside the ownership of the applicant. Further notification with the owner is required before a decision can be made and confirmation from the applicant that this has been carried out is awaited. There are 4 dwellings bounding the site to the north, and garden of adjacent property to the south. Further along the private road to the east there is a recent development of houses. The site would be accessed via Rowanside and the private road running across the front of the site. The approved reserved matters include creation of an access drive through the centre of the site with an apartment building either side of the access. The approved apartment buildings would be up to 8.7 metres high with dormers to allow use of the roof space and accommodate seven dwellings in total. To the rear of the apartments a car parking/turning area would be provided with two spaces per unit. The scheme includes four detached dwellings along the rear of the site. The dwellings would appear three storey at the front (the garage using under-croft space) and two storey at the rear.
POLICY ISSUES: Since the last outline planning permission was granted in 2004, the policy framework has altered. Planning Policy Statement 3 – Housing (PPS3) was agreed in 2006. The PPS provides housing policy objectives which include provision of a mix of both market and affordable housing and the use of land in an efficient and effective way. On small sites the mix of housing should contribute to the creation of communities having regard to the proportions of households requiring affordable housing. The Cumbria and Lake District Joint Structure Plan was adopted in April 2006 and the North West of England Plan Regional Spatial Strategy (RSS) was adopted in September 2008. The RSS either replaced or extended the policies of the structure plan. Together with the adopted South Lakeland Local Plan, these documents form the Development Plan. However, where policies within the upper tiers of the development plan are more recent, these supersede the policies within the older Local Plan. Policies within the RSS seek to promote sustainable communities and Policy RDF2 requires that plans identify Key Service Centres where development should be concentrated. Policy L5 requires that plans and strategies set out requirements for affordable housing. It states that evidence from Strategic Housing Market Assessments should be used to support the setting of thresholds.
Policies ST5 and H19 of the Structure Plan were extended by the RSS. Policy ST5 identified Grange over Sands as a Key Service Centre where development should be focused. Policy H19 sets the threshold for the provision of affordable housing at 0.4 hectares or 10 or more dwellings.
The site remains designated for development by Policy H2 of the South Lakeland Local Plan. The threshold for affordable housing is set at 25 dwellings or one hectare by Policy H8. Policy S2 of the South Lakeland Local Plan sets out design criteria for new development, Policy S3 requires appropriate landscaping and Policy 26 requires adequate sewage disposal.
29
The policies within the Core Strategy are based on up to date evidence than IPATH, including the Strategic Housing Market Assessment, it should therefore be considered as the main “non statutory” development plan guidance used in determining planning applications. Based upon this evidence, Policy CS6.3 sets a threshold of nine or more dwellings for the provision of affordable dwellings within a scheme.
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 mechanism for extending time limits was revised in October 2009. The guidance provided by the Government states that the development will have been judged to be acceptable in principle at an earlier date. LPAs should, in making their decisions, focus their attention on Development Plan policies and other material considerations which may have changed significantly since the original grant of permission. It goes on to state that LPAs may refuse applications where changes in the Development Plan indicate the proposal should no longer be treated favourably. The Planning Committee considered the principle of development of this site and access via the junction of Allithwaite Road and Rowanside in 2001 and 2004, granting outline planning permission in each case. The reserved matters, which concern the siting, design, external appearance of the buildings, the means of access to the buildings and the landscaping were then granted in 2008. The principle of the development, the detail and the access to the site via Rowanside are therefore not a matter that can be reviewed at this stage unless there have been material changes in circumstances. The relationship of the site to the surrounding are has not materially altered since either the outline planning permission or the reserved matters consent neither has the layout of the junction between Rowanside and Allithwaite Road. Additional development in the area 2004 has been limited and it is not considered that the traffic volume or speeds will have materially altered since the 2004 outline permission. The Development Plan policies with regard to the provision of affordable housing have altered since the outline planning permission was granted in 2004. Policy H19 of the Structure Plan was adopted in 2006 reducing the threshold for the provision of affordable housing to 0.4 hectares. The policy was extended by the RSS in 2008 together with the addition of Policy L5 which places a greater emphasis on the provision of affordable housing. PPS3 also encourages the provision of affordable units on smaller sites where there is an evidence of need. As these policies are more up to date and at a higher tier within the development plan, they supersede the affordable housing threshold within Policy H8 of the Local Plan. These alterations to the housing policies therefore form a significant and material change since the original outline planning permission was granted. As the size of the site subject to the outline planning permission exceeds the 0.4 hectare threshold, the implications of these policy changes need to be assessed as an important factor when dealing with this application to extend the time period. The Strategic Housing Market Assessment provides evidence to support the reduced threshold in the Structure Plan and the level indicated in Policy CS6.3 of the
30 Submission Core Strategy. The Assessment identifies the amount of affordable housing necessary and Policy CS6.3 provides the proportions of affordable housing provision required to meet this need. There is therefore a clear and identified need for affordable housing. In view of the number of sites coming forward for development, the majority of which are relatively small in scale, it is important to ensure that all sites contribute to the affordable provision. The material changes in policy are therefore a significant consideration and it is justified to require the provision of affordable housing on this site. The reserved matters scheme includes six two bedroom apartments at the front of the site. The Principle Strategy Officer has confirmed that the provision of four of these units as affordable dwellings for discounted sale would be appropriate to meet the identified local need. It should therefore be relatively straight forward for a Section 106 Agreement to be drafted and these units to be provided as affordable housing. The applicant has been asked whether he would be willing to enter into such an agreement to provide the affordable units within the development. He has not fully responded with regard to the provision of affordable housing. He has however stated that in his opinion that there is no authority for the Council to impose further conditions at this stage. It is however, clear in the guidance produced by the Government that Local Authorities should considered changes in policy and may add conditions or refuse planning permission where a development no longer complies with new policies. Without the provision of affordable housing on the site, the development would now be contrary to the provisions of current planning policies. As the applicant will not enter into a legal agreement to provide the affordable housing it is recommended that the extension to the time limit for implementing the planning permission be refused.
RECOMMENDATION: The Corporate Director (Communities) to refuse planning permission once the notice period for persons who have an interest in the land has elapsed.
REFUSE for the reason below:- Reason (1) The application for the extension of the time limit for implementing planning permission should be assessed in relation to Development Plan policies and other material considerations which have changed significantly since the original grant of planning permission. Since the outline planning permission was granted in 2004 national and Development Plan policies with regard to the provision of affordable housing have materially changed, with specifically a greater emphasis on the provision of affordable housing on small sites and the thresholds for such provision. Planning Policy Statement 3 – Housing was adopted in November 2006 and requires that Regional Spatial Strategy’s and Local Planning Authorities set out an approach for addressing affordable housing needs and
31 lower thresholds where supported by evidence. The North West of England Plan Regional Spatial Strategy to 2021 was adopted in September 2008. Policy L5 that plans and strategies set out requirements for affordable housing. It states that evidence from Strategic Housing Market Assessments should be used to support the setting of thresholds. Policy H19 of the Cumbria and Lake District Joint Structure Plan as extended by the Regional Spatial Strategy requires the provision of affordable housing on site over 0.4 hectares. Policy CS6.3 of the Submission South Lakeland Core Strategy requires that on sites within Key Service Centres such as Grange-over-Sands 35% of the dwellings provided are affordable. The application fails to provide affordable housing to meet the identified local need and to utilise land in an effective and efficient way. An extension to the time limit for implementation would therefore be contrary to the aims of the aforementioned policies.
32 SCHEDULE B
Planning Applications where the Corporate Director (Communities) is seeking authority to determine SCHEDULE No: 5
SL/2010/0327 ULVERSTON: BIRDLANDS, OLD HALL ROAD, ULVERSTON
PROPOSAL: TWO DWELLINGS AND DETACHED GARAGE
MR & MRS A WALKER
27/05/2010 E328367 N479180
SUMMARY: Outline proposal for the construction of two dwellings on the edge of the development boundary. Previous proposal withdrawn due to concerns relating to access details and impact of the proposed dwellings on adjacent properties. Current proposal includes modifications to the access. Concerns remain regarding the scale and impact of the development.
ULVERSTON TOWN COUNCIL: To be reported.
CUMBRIA HIGHWAYS: To be reported.
HISTORICAL CONTEXT: Planning permission was refused for the construction of a dwelling on this site in 1984 and an appeal was subsequently dismissed in 1985. The main reason for refusal related to the impact of the development on the landscape quality of the area. A recent outline application for the construction of two dwellings on this site was withdrawn following concerns raised about the access and highway safety.
33 DESCRIPTION AND PROPOSAL: The site comprises a detached dwelling known as Birdlands set in substantial grounds which front onto Old Hall Road, on the northern fringe of the built up area of Ulverston. Permission has previously been granted for the extension and remodelling of the property, and for the construction of a detached garage. This work is currently ongoing. This outline application relates to the construction of two detached dwellings on an area of land which fronts onto Old Hall Road adjacent to the existing access, and which comprises an informal paddock area associated with the dwelling. Residential properties adjoin the site to the east and also to the south and south west. The dwellings located in Willowdene Gardens to the east have relatively shallow rear gardens and consequently are positioned close to the boundary of the site. Consent has recently been granted for two dwellings on the opposite side of Old Hall Road to the south of the site. The site is located outside the current development boundary for Ulverston which runs along the eastern and southern boundaries. Semi-mature trees bound the site to the west and the applicant has undertaken some planting to the east and north, segregating the area of land from the existing house. A group of three mature conifers are located in the north west corner of the site. The indicative plan submitted with the application shows two dwellings positioned at right angles to the road with a widened and modified access repositioned to the east of the existing access location. The dwelling closest to the road frontage would be of a dormer style bungalow with a detached garage located on the frontage boundary, and other dwelling located on slightly higher land to the rear would be single storey with an attached garage.
POLICY ISSUES: Planning Policy Statement 3 (PPS 3) – Housing requires Local Planning Authorities to demonstrate that appropriate measures are introduced to improve housing land supply. Paragraph 71 of PPS3 states that where Local Planning Authorities cannot demonstrate an up to date 5 year supply of deliverable sites they should consider favourably planning applications for housing of an appropriate scale and in sustainable locations. The NW Regional Spatial Strategy (RSS) was adopted in September 2008, replacing many of the policies within the Cumbria and Lake District Joint Structure Plan. Policy L4 of the RSS requires that Local Planning Authorities manage land to ensure an appropriate level of housing supply. It also encourages the re-use of brownfield sites. Policy RDF2 promotes small-scale development to sustain rural areas outside service centres. The South Lakeland Local Plan remains the adopted policy document but the policies should be considered against the background of the more up to date RSS. Policy H4 of the Local Plan relates to the criteria to be used to assess small scale residential development within the development boundary of Ulverston. Policy H6 of the Local Plan states that outside the settlements suitable for growth, development will not be permitted. Exceptions will only be considered where essential for agriculture or forestry, or to meet an identified local housing need.
34 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 Local Planning Authority is required to show that it is considering methods to bring forward housing development and improve land supply. While, contrary to Policy H6 of the Local Plan, suitable sites outside Settlement Development Boundaries must now be favourably considered, in order to improve supply and conform with PPS3 and the RSS. As such, the location of the site outside the development boundary would not in itself be justification for a refusal in this case. Although it is acknowledged that a proposal for a dwelling on this site has previously been refused, the nature and appearance of the site has changed since 1984. The site relates relatively well to the existing built up area of Ulverston and as such it could be considered as an appropriate form of ‘rounding off’ development. Members have had the opportunity to view the site and its relationship to the surrounding area. However, the form of development proposed includes two relatively substantial properties, which, because of the constraints of the site layout, would be positioned within approximately 10 metres of the existing dwellings to the east. As such it is considered that the proposal as it stands would have a harmful and overbearing impact on the aspect and amenity of the adjacent dwellings. One of the dwellings is sited particularly close to the mature trees in the north west corner, whilst there are some doubts about the alignment of the laurel hedge and its relationship to the house on the northern boundary. The spacing between the two proposed dwellings is also very close and this combined with the tightness of both dwellings to all of their boundaries, gives rise to a cramped appearance which is out of character with the locality and suggests that the proposal represents an overly dense development of the site. As a result, the applicant has been advised to reduce the scheme to a single dwelling more appropriately sited. Unless a satisfactory alternative proposal is submitted, the proposal is recommended for refusal. Consultation responses received from the highways officer, the Town Council and neighbours will be reported at the meeting. The consultation period expires on 2 June.
RECOMMENDATION: Subject to the receipt of outstanding consultations and any amendments received to the submitted scheme, the Corporate Director (Communities) to REFUSE planning permission at the expiry of the consultation period for the following reason: The proposal would result in a cramped and over intensive form of development which would have an adverse impact upon the character and amenity of the area and the adjacent residential properties. The proposal would therefore be contrary to the aims and objectives of PPS1 and Policies H4 and H6 of the South Lakeland Local Plan.
35 SCHEDULE C
Applications relating to Listed Buildings
SCHEDULE No: 6
SL/2010/0304 ULVERSTON: LAND ADJACENT TO SIR JOHN BARROW MONUMENT, HOAD HILL, ULVERSTON
PROPOSAL: TWO INFORMATION SIGNS AND
REPLACEMENT
FLAGPOLE 27/05/2010
E329458 N479070 MR DAVID PARRATT
SUMMARY: Siting of two viewpoint signs and replacement flag pole adjacent to the Sir John Barrow Monument. Grant
ULVERSTON TOWN COUNCIL: (Applicant).
HISTORICAL CONTEXT: Listed Building consent was granted for various alterations and repair works to this Grade II* listed monument as part of an extensive restoration project which is being part funded by the Heritage Lottery Fund. The work is due to be completed this summer.
DESCRIPTION AND PROPOSAL: This application relates to the siting of two view point panels on the top of Hoad Hill, adjacent to the monument. One of the panels would be located to the north of the monument illustrating the view to the north and east, the other would be to the south incorporating the view to the south and west. The signs would be positioned approximately 10 metres from the base of the monument and have dimensions of 1500mm long by 350mm width. They would be mounted on a treated steel frame designed by a local architectural blacksmith and are of a similar design to existing signs that have recently been positioned at the base of Hoad Hill.
36 The proposed 8 metre high flag pole would be sited in the same position as the current flagpole base, 15 metres to the south west of the monument.
POLICY ISSUES: Policy C15 of the Local Plan has regard to preserving a Listed Building, its setting or any features of special architectural or historic merit.
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 proposed viewpoint panels and flagpole are considered to be acceptable in terms of scale and design and will not have a significant impact on the setting of the listed building.
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.
REASON FOR GRANTING PLANNING PERMISSION: The proposed signs and replacement flagpole are considered to be of an appropriate size and design and will not affect the setting of the adjacent listed building in accordance with clause (d) of Policy C15 of the South Lakeland Local Plan, which seeks to protect the erection of structures which would adversely affect the setting of a listed building.
37 SCHEDULE F
Straightforward Planning Applications
SCHEDULE No: 7
SL/2010/0260 KENDAL: 19 FULMAR DRIVE, KENDAL
PROPOSAL: SINGLE STOREY REAR EXTENSION AND TWO STOREY FRONT EXTENSION
MR & MRS D
SYKES
27/05/2010 E352605 N490897
SUMMARY: This is an application for a rear single storey extension and a front two storey extension to a residential property owned by a member of staff. Amended drawings have been requested to eliminate potential overlooking. The amended scheme is recommended for approval subject to conditions.
KENDAL TOWN COUNCIL: No comments received. The consultation period for comments expires on 11 May 2010.
OTHER: One letter received objecting to the first floor window in the east elevation of the extension causing potential loss of privacy.
DESCRIPTION AND PROPOSAL: The flat site situated on the north side of a short spur drive off the main Fulmar Drive and approximately 20 metres from Kendal Parks Road. The site contains a two storey detached dwelling constructed with rendered walls under a tile roof. There are residential properties on all sides of the site, though those at the rear are on the opposite bank of Natland Beck. The site lies within Kendal settlement boundary. The houses to the front (south) and side (west) are detached, whilst those to the East comprise two terraces of four houses. One terrace is situated approximately 12
38 metres from the rear extension and the other terrace approximately 20 metres from the front extension. The proposed works comprise a rear single storey extension, projecting approximately 4 metres from the rear elevation and a double storey extension to the front. The front extension has a width of approximately 4.5 metres and projects approximately 5.5 metres. Amended plans have been requested to delete the east facing first floor window.
POLICY ISSUES: Policy S2 (South Lakeland Design Code) sets out design criteria for all new development requiring that character, context, proportions, detail and building materials respect the local vernacular.
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: With the design according with the principles set out in saved Policy S2, the key issue of this application is the impact on the amenities of the neighbouring terraced properties to the east. To this end the extensions to the front and rear are considered individually. The blank eastern elevation of the house was constructed approximately 12 metres from the habitable room windows of the terrace to the east. This accorded with the old “Essex Design Code” that advised that an acceptable distance between a blank wall and habitable rooms was 12 – 15 metres. The single storey extension, also having a blank elevation, though there are two high level roof lights, is inset from the side wall and the height to eaves is approximately 2.5 metres. The height to ridge is approximately 3.8 metres. Thus only 500mm of vertical brickwork will be visible above a 2 metre fence. The roof will present a recessive visual character and it is considered that this extension will not create a domination of outlook or loss of light. The front extension originally had a bedroom window in the east, south and west elevations and a gable to the front. The window in the eastern elevation is approximately 20 metres from the windows of 17 Linnet Grove. It is considered that the inter-visibility of the windows in the two properties would create a loss of privacy. As a consequence amended plans to delete this window have been requested. A condition restricting permitted development rights to create windows has been attached. The front gable reflects the character of the houses on the estate. The extension is at a greater distance than that advised in the “Essex Design Code” and it is considered that the front extension will not have an adverse impact on the amenities of the neighbours to the east. It is concluded that the amended proposal is acceptable.
39 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) Screen walls/fences 2 metres in height shall be constructed to the western boundary before the extensions hereby permitted to which they relate are occupied, in accordance with a design and specification first submitted to and approved in writing by the Local Planning Authority along the whole of the line shown coloured red on the attached plan. (3) The external walls and roof of the extension shall be constructed with materials of the same type, texture and colour as the external walls and roof of the existing building. (4) This permission relates to the amended layout/plan/drawing number … deposited with the Local Planning Authority on …….. (5) Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995, (or any Order revoking and re-enacting that Order) detailed plans of any proposed alterations to doors and windows (including rooflights) in the extensions to the premises shall be submitted to and approved in writing by the Local Planning Authority before such development is commenced.
REASON FOR GRANTING PLANNING PERMISSION: The proposal is in accordance with material considerations set out in the Planning System: General Principles and local policies as set out in Saved Policy S2 (South Lakeland Design Code) of the South Lakeland Local Plan. The issues relating to loss of privacy are a material planning consideration and, in reaching the decision to approve the amended proposal, have been carefully weighed against all relevant policy considerations.
40 PART I
Agenda Item No:7
South Lakeland District Council PLANNING COMMITTEE
Meeting Date: 27 May 2010 Report Author: Trevor Cooke, Arboricultural Officer Portfolio: Peter Thornton (Housing and Development) Report from: Corporate Director (Communities) Wards affected: Kendal Kirkland Ward Key Decision: Not applicable Forward Plan: Not applicable
TREES AT LOW KIRKBARROW LANE, KIRKLAND, KENDAL
1.0 PURPOSE OF REPORT
1.1 To seek Members determination of a request to remove five trees located within the Kendal Conservation Area. 2.0 RECOMMENDATIONS
That a Tree Preservation Order in respect of the trees is not made and that the work is permitted to go ahead. 3.0 BACKGROUND
3.1 Trees within Conservation Areas which are not covered by a Tree Preservation Order (TPO) are subject of a special provision within Section 211 of the Town and Country Planning Act. Any felling or other works to trees in a Conservation Area may only be carried out following a six week period of notice (a Section 211 Notice) to the Local Planning Authority (LPA) if they consent to such work within that period. The LPA can deal with a Section 211 Notice in one of three ways: • Make a Tree Preservation Order (TPO) if justified in the interests of public amenity. • Decide not to make a TPO and inform the applicant that the work can go ahead. • Decide not to make a TPO and allow the six week notice to expire.
3.2 'Amenity' is not defined within the Act but Government advice states that TPO's may be used to protect selected trees and woodlands, that if removed,
41 would have a significant impact on the environment and its enjoyment by the public. 3.3 Conservation Areas are areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance. Although trees may contribute to the character of a conservation area special attention must be paid to the desirability of preserving its character or appearance. 4.0 RESEARCH AND CONSULTATION Not applicable.
5.0 PROPOSAL 5.1 The five trees subject to this Section 211 Notice stand in front of the four terraced houses on Low Kirkbarrow Lane at the base of the wall which retains Kirkbarrow Lane within the Kendal Conservation Area and are not covered by a TPO. They form a linear group with the species composition comprised of four young - mature silver birch and one rowan and were planted in the early 1980's following the completion of the terrace of houses. EVALUATION 5.2 The trees themselves are unremarkable although some of the silver birch are good examples of their species. Generally they appear to be in a reasonable condition with no major defects being noted. The value of the trees within the conservation area is very limited, as they are only wholly visible from the immediate vicinity of Kirkbarrow Lane with glimpses of their upper canopies from a wider area.
5.3 The reasons put forward for their removal by the applicant can be summarised as: • Their roots are damaging the footpath in front of the houses. • They are over-bearing and cause over-shadowing of the adjoining houses. • They have outgrown the site.
6.0 ALTERNATIVE OPTIONS 6.1 That the request is refused and a TPO is made.
7.0 NEXT STEPS Not applicable.
8.0 IMPLICATIONS 8.1 Financial and Resources The recommendations in this report do not have any cost implications. 8.2 Human Resources The recommendations in this report do not have any staffing implications. 8.3 Legal
42 Not applicable. 8.4 Social, Economic and Environmental Impact This report does not have any registered significant environmental effects.
9.0 RISK ASSESSMENT
Not applicable.
10.0 EQUALITY AND DIVERSITY The Draft Statement of Community Involvement takes account of the equalities issues in seeking to define South Lakeland’s community and interests relevant to the Local Development Framework which will influence the determination of individual planning applications.
11.0 LINKS TO THE CORPORATE PLAN AND PERFORMANCE INDICATORS This report links to the aim of providing a “High Quality Environment” under Section 3.4 of the Corporate Plan.
12.0 CONCLUSION AND EXPECTED OUTCOMES 12.1 The retention or provision of trees in association with development within a Conservation Area should benefit the overall quality of that area. Where inappropriate planting leads to conflict, trees can become a constant source of complaint and ultimately any benefit can be lost. In this case it is clear that the trees are beginning to dominate the terrace of houses with the likelihood of damage by roots to an adjacent footpath, a situation which will worsen with time as the trees mature. 12.2 It is considered that the five trees do not make a positive or significant contribution to the visual amenity and overall character of the Conservation Area and ultimately could obscure (when viewed from Kirkbarrow Lane) many of its architectural and historic values.
APPENDICES ATTACHED TO THIS REPORT None.
CONTACT OFFICERS Trevor Cooke, Arboriculturist.
BACKGROUND DOCUMENTS AVAILABLE Application for tree works received on 21 April 2010.
TRACKING Not applicable.
43
44 PART I
Agenda Item No:8
South Lakeland District Council PLANNING COMMITTEE
Meeting Date: 27 May 2010 Report Author: Mark Balderson, Planning Enforcement Officer Portfolio: Peter Thornton (Housing and Development) Report from: Lawrence Conway Wards affected: All Key Decision: Not applicable Forward Plan: Not applicable
A REPORT ON ENFORCEMENT ACTIVITY FROM 1 MARCH TO 2 APRIL 2010
1.0 PURPOSE OF REPORT
1.1 To inform Members about enforcement activity between 1 March 2010 and 2 April 2010. 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. 2.0 RECOMMENDATIONS
It is recommended that Members note this report and authorise enforcement action as recommended on the individual cases referred to. 3.0 BACKGROUND
3.1 Enforcement cases which have been resolved:
12 outstanding cases from the enforcement caseload have been resolved between 1 March and 2 April 2010.
3.2 New Enforcement cases:
Between 1 March 2010 and 2 April 2010, 14 complaints have been recorded
45 and are presently being investigated. 4 of these cases have been resolved.
3.3 Enforcement Cases for which Committee consideration is sought:
There are no case for Committee consideration.
3.4 An update on Enforcement Cases involving formal action:
An update on those cases involving formal enforcement action is attached as Appendix 1 for Members information. 10.003 24 Chapelfields, Burneside Members may recall this case was reported to the April 2010 Committee outlining the enforcement action that had been taken to secure removal of a caravan used as residential accommodation. The Enforcement Notice was served on the 15 April 2010, and I can report that the Notice has been complied with. The occupants have left the site and the caravan removed.
08.328 Unit 7 Kirkby Lonsdale Business Park This case was reported to the Planning Committee on 30 April 2009, seeking Members authorisation to take enforcement action. The breach was the unauthorised use of a warehouse unit as retail outlet. An Enforcement Notice was served on the 1st July 2009 giving the occupants a 9 month compliance period. I can report that the occupants of the warehouse unit have vacated the premises and the Notice has therefore been complied with. 4.0 RESEARCH AND CONSULTATION Not applicable.
5.0 PROPOSAL Not applicable.
6.0 ALTERNATIVE OPTIONS Not applicable.
7.0 NEXT STEPS Not applicable.
8.0 IMPLICATIONS 8.1 Financial and Resources The recommendations in this report do not have any cost implications. 8.2 Human Resources The recommendations in this report do not have any staffing implications. 8.3 Legal Not applicable. 8.4 Social, Economic and Environmental Impact This report does not have any registered significant environmental effects.
46 9.0 RISK ASSESSMENT
Risk Consequence Controls required The failure to have an Result in inappropriate To maintain sufficient effective planning forms of development which resources in planning enforcement system. would have an adverse enforcement and prioritise impact on the character and and co-ordinate the appearance of the District’s investigation of breaches of rural landscape. planning control.
10.0 EQUALITY AND DIVERSITY The Draft Statement of Community Involvement takes account of the equalities issues in seeking to define South Lakeland’s community and interests relevant to the Local Development Framework which will influence the determination of individual planning applications.
11.0 LINKS TO THE CORPORATE PLAN AND PERFORMANCE INDICATORS This report links to the aim of providing a “High Quality Environment” under Section 3.4 of the Corporate Plan.
12.0 CONCLUSION AND EXPECTED OUTCOMES 12.1 Conclusion is set out in para 3.0
APPENDICES ATTACHED TO THIS REPORT Appendix No. 1 A report on enforcement activity from 1 March 2010 to 2 April 2010.
CONTACT OFFICERS Mark Balderson, Planning Enforcement Officer (797566) [email protected]
BACKGROUND DOCUMENTS AVAILABLE Various planning files.
TRACKING Not applicable.
47 A REPORT ON ENFORCEMENT ACTIVITY FROM 1 MARCH TO 2 APRIL 2010 – APPENDIX 1
PURPOSE OF APPENDIX 1 The purpose of this Appendix is to provide a summary of the main formal enforcement cases in which action is currently being undertaken.
REF NO. PARISH SITE ADDRESS BREACH/CONTRAVENTION PROGRESS 06/068 ALDINGHAM Low Sunbrick Farm, Aldingham Installation of uPVC windows Members recently reconfirmed in Listed Building enforcement action. Advice being sought from Conservation Officer. 09/093 ALDINGHAM Goadsbarrow Cottage, Goadsbarrow Material Change of Use - Site visit confirms the internal layout residential to Yoga centre remains unaltered but the owner confirms he has ceased the use as a yoga centre. If further breach detected will consider prosecution. 10/022 ALDINGHAM Lime Kiln, Low Sunbrick Lane, Erection of unauthorised Retrospective Planning application Baycliff agricultural building received and validated. Planning officer to undertake a site meeting with applicants agent. 09/269 ARNSIDE Far Hollins Farm, Arnside Change of Use to campsite Enforcement Notice served 20/11/09 effective 4/1/10 compliance date 4/2/10. An appeal against the Notice has been received. Public Inquiry. 09/029 BEETHAM Land at Ellers Farm, Farleton Erection of floodlighting to Appeal to Planning Inspectorate has horse exercise area been upheld to retain flood lights.
48 REF NO. PARISH SITE ADDRESS BREACH/CONTRAVENTION PROGRESS 05/060 GRANGE OVER SANDS Blawith Lodge, Windermere Road, Replacement windows An application for the retention of the Grange over Sands windows subject to alterations to the frames and painting has been received and approved. Compliance date; 17 May 2010. If no compliance will consider listed building Enforcement Notice. 06/232 GRANGE OVER SANDS Underwood, Fernhill Road, Grange Erection of large decking Enforcement Notice drafted, with over Sands structure legal services for formal service.
The owner has called to say the decking has been removed. Site visit confirms the deck part has been removed but not the sub-structure. Amended notice with legal for formal service. 07/283 GRANGE OVER SANDS 2 Methven Terrace, Grange over Extension not built as per plan Enforcement Notice at draft stage. Sands and breach of conditions Planning application has been received for additional building. Enforcement action to continue for unauthorised works to front of property. 05/232 HELSINGTON Low Chambers Tenement, Brigsteer Siting of static caravan Enforcement Notice drafted, with legal for formal service. 07/156 KENDAL Bridge View, Burton Road, Kendal Creation of extra dwelling unit Planning Contravention Notice served. 08/134 KENDAL 57 Burton Road, Kendal Unauthorised development - The wall has been reduced to the construction of 3 metre wall height required by the Notice. adjacent highway 08/144 KENDAL Beech Hill Hotel, 40 Greenside, Unauthorised uPVC windows Enforcement Notice served. An Kendal in Conservation Area extension of 12 months to the Notice compliance period has been granted until 3 August 2010.
49 REF NO. PARISH SITE ADDRESS BREACH/CONTRAVENTION PROGRESS
08/210 KENDAL Cash in a Dash, 177 Highgate, Advertisement harmful to Appeal now lodged to Kendal Conservation Area Discontinuance Notice. Awaiting Inspector’s decision. The Inspectorate has indicated that the appeal will possibly be dealt with in May/June. 10/044 KENDAL Sunlight Laundry, Shap Rd, Kendal Siting of 4 two-storey shipping Enforcement Notice drafted, with containers in factory yard. legal for formal service. 09/293 KENDAL 26 Sedbergh Drive, Kendal Erection of fence adjacent Received Planning Application to highway over 2 metre retain the height and set back from the highway with planting. 10/045 KENDAL Netherfield Cricket Club, Park Road, Unauthorised Development. Planning application received and Kendal Change of colour of roof on validated seeking to retain the new building. current colour of the roof. 06/329 KIRKBY IRELETH Land adjacent Bell Hall Farm, Storage of agricultural Monitoring conditions with regards to Head Cragg, Kirkby in Furness machinery and vehicles within storage and landscaping.
field. 08/328 KIRKBY LONSDALE Unit 7, Unauthorised retail use. The tenants have moved out, use Kirkby Lonsdale Business Park ceased. Kirkby Lonsdale 09/232 LEVENS The Beeches, A591, Levens Material changes of use, Enforcement Notice served 29/1/10, dividing of one dwelling to two. compliance date 12/9/10. 09/388 LEVENS Sampool Caravan Park Erection of illegal Council legal services have issued a advertisement sign court summons. 07/025 LOWER ALLITHWAITE Priory Close, Cartmel Internal alteration to Listed No progress; owners not in contact Building. with department. Property has been referred to Empty Homes Officer. 09/110 LOWICK Groffa Crag, Gawthwaite, Ulverston Siting of caravans. The caravan has been removed.
50 REF NO. PARISH SITE ADDRESS BREACH/CONTRAVENTION PROGRESS
09/211 MILNTHORPE Land to rear of 23 Church Street, Material change of use. Enforcement Notice served 20/11/09 Milnthorpe Creation of access route. Effective 4/1/10. Compliance 4/4/10. Following a partly successful appeal the site is being monitored for compliance. MILNTHORPE Dallm School, Milnthorpe Breach of condition, planting A scheme for the latest application scheme has been approved and negotiation has secured replanting to the previous scheme which is underway. 04/263 PENNINGTON Whinfield works, Whinfield Ground, Use of site for the storing of The user of the site has indicated Lindal in Furness scrap cars. that he intends to cease his operation of insurance right-off salvage and submit an application for vehicle repair within the building. 09/344 PRESTON PATRICK Moss End Farm, Crooklands Unauthorised residential Enforcement Notice drafted and with caravan in agricultural field. legal services for formal service. 08/345 SKELSMERGH Holme Houses, Garth Row Lane, Unauthorised development Enforcement Notice served 29 May Kendal involving the construction of 2009. Appeal made, 3 day Public caravan/chalet structures and Inquiry scheduled for 9 June 2010. business uses. 10/041 STRICKLAND KETEL Whitefoot, Burneside, Kendal Laying of hard core base and Negotiated removal of unauthorised septic tank. development - enforcement monitor. 09/377 ULVERSTON 22 Hallfield, Ulverston Use of dwelling unit for the Enforcement Notice drafted and with running of Taxi business legal services for formal service. 08/090 URSWICK Beckside Holdings, Unauthorised use of land - Agent now retained to submit between Scales and Stainton storage of equipment not application to regularise situation. ancillary. 09/080 URSWICK Dalegarth, Mascalles, Unauthorised use of land. Site cleared. Monitoring compliance. Little Urswick Activity associated with garden centre business.
51
52 PART I
Agenda Item No:9
South Lakeland District Council PLANNING COMMITTEE
Meeting Date: 27 May 2010 Report Author: Andrew Roe Development Management Group Manager Portfolio: Peter Thornton (Housing and Development) Report from: Corporate Director (Communities) Wards affected: All Key Decision: Not applicable Forward Plan: Not applicable
APPEALS UPDATE AT 17 MAY 2010
1.0 PURPOSE OF REPORT
1.1 To provide Members with information about the receipt and determination of planning appeals. • Appendix 1 – New appeals and appeal decisions between 20 April and 17 May 2010. • Appendix 2 – Current appeals still outstanding. • Appendix 3 – Appeals determined during 2010. 2.0 RECOMMENDATIONS
Note the report.
3.0 BACKGROUND
Appeals as set out in Appendices 1, 2 and 3.
4.0 RESEARCH AND CONSULTATION Not applicable.
5.0 PROPOSAL Not applicable.
53 6.0 ALTERNATIVE OPTIONS Not applicable.
7.0 NEXT STEPS Not applicable.
8.0 IMPLICATIONS 8.1 Financial and Resources The recommendations in this report do not have any cost implications. 8.2 Human Resources The recommendations in this report do not have any staffing implications. 8.3 Legal Not applicable. 8.4 Social, Economic and Environmental Impact This report does not have any registered significant environmental effects.
9.0 RISK ASSESSMENT
Not applicable.
10.0 EQUALITY AND DIVERSITY The Draft Statement of Community Involvement takes account of the equalities issues in seeking to define South Lakeland’s community and interests relevant to the Local Development Framework which will influence the determination of individual planning applications.
11.0 LINKS TO THE CORPORATE PLAN AND PERFORMANCE INDICATORS This report links to the aim of providing a “High Quality Environment” under Section 3.4 of the Corporate Plan.
12.0 CONCLUSION AND EXPECTED OUTCOMES 12.1 Not applicable.
APPENDICES ATTACHED TO THIS REPORT Appendix No. 1 New appeals and appeal decisions between 20 April and 17 May 2010. 2 Current appeals still outstanding. 3 Appeals determined during 2010.
CONTACT OFFICERS Andrew Roe, Development Management Group Manager Ph. 797564
54 BACKGROUND DOCUMENTS AVAILABLE Various planning files.
TRACKING Not applicable.
55
56 APPEALS UPDATE AT 17 MAY 2010 – APPENDIX 1
PURPOSE OF APPENDIX 1 The purpose of this appendix is to inform Members of new appeals and appeal decisions between 20 April and 17 May 2010.
NUMBER LOCATION PROPOSAL
Lodged
SL/2009/0949 ARNSIDE: 1 and 2 Station Road Removal of Condition 3 (Parking provision) on Planning Permission SL/2007/0678 Delegated: Refuse 1 December 2009
SL/2009/1097 GRANGE over SANDS: 14 Two-storey rear extension Graigella, 12 Grange Fell Road
Delegated: Refuse 27 January 2010
SL/2009/1135 ARNSIDE: Hollins Farm, Far Extension to caravan and camping Arnside site with replacement facility building
and new sewage treatment plant, and associated landscape works Officer’s recommendation: Refuse
25 March 2010 Committee: Refuse
Allowed SL/2009/0826 BEETHAM: Kingfisher House Removal of Condition 2 (local Sandside Milnthorpe occupancy) on Planning Permission SL/2008/1007 Delegated: Refuse 27 October 2009
57
58 APPEALS UPDATE AT 17 MAY – APPENDIX 2
PURPOSE OF APPENDIX 1 The purpose of this appendix is to inform Members of current appeals still outstanding.
Planning Site Description Appellant Local Planning Planning Inspectorate Appeal Reference Authority decision Reference start and date date Type of Appeal SL/2009/0558 ARNSIDE: Siting of 10 timber clad twin Holgates Caravan Refused 28/08/09 - APP/M0933/A/10/2122806/WF 19/02/10 (Full Planning Middlebarrow Plain unit caravans with Parks Committee: (Written Representation) Application) Cove Road associated access and 27/08/09 Silverdale private sewage plant Officer Carnforth Recommendation: Refuse SL/2009/0675 GRANGE over Removal of Condition 3 Mr Cephas Refused 24/09/09 – APP/M0933/A/09/2118756/WF 21/12/09 (Full Planning SANDS: (local occupancy) from Vasquez-Howard Committee: Application) Site at Methodist Planning Permission (24/09/09) Church SL/2009/0137 Officer Station Road Recommendation: Cark in Cartmel Refuse SL/2009/0681 SKELSMERGH: Enforcement appeal re Edward Steele Enforcement APP/M0933/C/09/2108315 21/07/09 (Enforcement) Holme House Farm Enforcement Notice issued (Public Inquiry - re change of use of land to a 9 – 11 June 2010) mixed use; commercial business, tipping of waste, conversion of farmhouse to two dwellings, siting of residential caravans/chalet- cabins, erection of agricultural buildings and erection and siting of storage units SL/2009/0722 KENDAL: Erection of Two Self Mr & Mrs Ivan and Refused 19/10/09 APP/M0933/A/10/2121932/NWF 12/02/10 (Full Planning 30 Whinfell Drive, Contained Flats Joanna Gudgeon Delegated (Written Representation) Application) Kendal
59 SL/2009/0831 BEETHAM: Dwelling Mr & Mrs Stephen Refused 03/02/10 APP/M0933/A/10/2122277/WF 11/02/10 (Full Planning Grounds of Wright Delegated (Written Representation) Application) Barcaldine, Leighton Drive Slack Head Milnthorpe SL/2009/0949 ARNSIDE: Removal of Condition 3 Mr David Refused 01/12/09 APP/M0933/A/10/2127497/NWF 30/04/10 (Full Planning 1 and 2 Station (Parking provision) on Palfreyman Delegated Application) Road Planning Permission SL/2007/0678 SL/2009/1034 GRANGE over Change of use of Bar / Kentsford Limited Refused 28/01/10 - APP/M0933/A/10/2123013/NWF 24/02/10 (Full Planning SANDS: Restaurant to 2 apartments Committee: 28/01/10 (Written Representation) Application) KB’s Bar and Officer Restaurant Recommendation: 76 Kentsford Road Refuse Grange over Sands SL/2009/1049 KENDAL: Appeal against Mr Zubeir Mister Enforcement APP/M0933/H/09/2112641 20/11/09 (Enforcement) 177 Highgate Discontinuance Notice Kendal SL/2009/1097 GRANGE over Two-storey rear extension Mr Paul Walmsley Refused 27/01/10 APP/M0933/H/10/2127427/WF 4/05/10 (Full Planning SANDS: Delegated Application) Site: 14 Graigella, 12 Grange Fell Rd SL/2009/1135 ARNSIDE: Extension to caravan and Holgate Caravan Refused 25/03/10 - APP/M0933/C/09/2128264/NWF 13/05/10 (Full Planning Hollins Farm camping site with Parks Ltd Committee: 25/03/10 Application) Far Arnside replacement facility building Officer Carnforth and new sewage treatment Recommendation: plant, and associated Refuse landscape works SL/2010/0018 ARNSIDE: Appeal against Michael William Enforcement APP/M0933/C/09/2119371 30/12/09 (Enforcement) Hollins Farm Enforcement Notice Holgate (Public Inquiry - Far Arnside (Use of Field for Camping in 22 and 23 June 2010) Carnforth Excess of 28 Days)
60 APPEALS UPDATE AT 17 MAY – APPENDIX 3
PURPOSE OF APPENDIX 1 The purpose of this appendix is to inform Members of Appeals determined during 2010.
Planning Index Planning Inspectorate Reference Site Description Officers Decision of Planning Reference Appeal Recommendation Inspectorate No. (Decision made Start date by Committee or under Delegated Powers) SL/2009/0080 10/01 APP/M0933/A/09/2113802/WF MILNTHORPE: Detached double Refused 12/6/09 - ALLOWED Highfield garage with log/coal Committee 11/6/09 CONDITIONALLY (Full Planning (Written Reps) Ackenthwaite store Application) 11 January 2010 Milnthorpe Officer 6/10/09 Recommendation: Refuse SL/2009/0684 10/02 APP/M0933/C/09/2109463 ALDINGHAM: Appeal against Enforcement DISMISSED Goadsbarrow Farm Enforcement Notice (Enforcement) (Written Reps) 13 January 2010 Cottage served re the use of the Meadow View dwelling as a yoga and Goadsbarrow meditation centre SL/2008/0900 10/03 APP/M0933/A/09/2099304/NWF PRESTON PATRICK: Erection of 3 wind Non-Determination DISMISSED Land at Sillfield turbines and associated Committee (Full Planning (Public Inquiry – 29 January 2010 Gatebeck infrastructure 26/03/09 Application) 13 to 22 October 2009) 12/3/09 SL/2009/0255 10/04 APP/M0933/A/09/2116706/WF KENDAL: Erection of garden wall Refused 11/05/09 DISMISSED 57 Burton Road (Retrospective) Delegated (Retrospective (Written Reps) 09 February 2010 Kendal Full Planning Application) 16/11/09
61 SL/2009/0360 10/05 APP/M0933/A/09/2114874/NWF BEETHAM: Erection of floodlights Refused 3/06/09 ALLOWED Ellers Farm, Farleton for horse exercise area Delegated CONDITIONALLY (Retrospective (Written Reps) (Retrospective) Full Planning 11 February 2010 Application) 19/10/09 SL/2009/0658 10/06 APP/M0933/D/09/2117075 KENDAL: Two-storey and single- Refused 28/09/09 ALLOWED 31 Silver Howe Close storey extension with Delegated CONDITIONALLY (Full Planning (Householder) Kendal balcony over Application) 15 February 2010 18/11/09 SL/2009/0637 10/07 APP/M0933/A/09/2117555/WF GRANGE over SANDS: Dwelling Refused 28/09/09 ALLOWED (Full Planning Land on The Esplanade Delegated CONDITIONALLY (Written Reps) Application) Grange over Sands 18 February 2010 1/12/09 SL/2009/0503 10/08 APP/MO933/A/09/2117294/NWF LOWER Change of Use from Refused 28/8/09 - DISMISSED ALLITHWAITE: Class A1 (Retail) to Committee 27/8/09 (Full Planning (Written Reps) Anthemion Gallery Class A3 (Restaurant Application) (Formerly Cadeaux) and Cafes) Officer 26/11/09 The Square Cartmel Recommendation: Refuse SL/2008/1219 10/09 APP/M0933/A/09/2101381/NWF KENDAL: Redevelopment of site Refused 26/03/09 - DISMISSED Kendal Rugby to form retail Committee:26/3/09 (Outline (Public Inquiry – 3 March 2010 Union Football Club development with Planning 16 to 18 September 2009) Shap Road associated car parking Officer Application) Kendal and servicing facilities Recommendation: 9.04.09 Refuse SL/2010/0011 10/10 APP/M0933/C/09/2119636 MILNTHORPE: Appeal against Enforcement ALLOWED – Variation Land to rear of and Enforcement Notice of Enforcement (Enforcement) (Written Representation) adjacent to Notice (Change of Use of 5/01/10 23 Church Street Domestic Garden to 26 March 2010 Milnthorpe Access Route)
62 SL/2008/0905 10/11 APP/M0933/A/09/2118705/WF KENDAL: Erection of two Refused 12/6/09 - DISMISSED Rear of 14 & 16 Lound dwellings Committee: 11/6/09 (Full Planning (Written Representations) 28 April 2010 Road, Kendal Application) Officer 16/12/09 Recommendation: Refuse SL/2009/0826 10/12 APP/M0933/A/09/2116019/NWF BEETHAM: Removal of Condition 2 Refused 27/10/09 Kingfisher House (local occupancy) on Delegated ALLOWED (Full Planning (Written Representation) Sandside Milnthorpe Planning Permission Application) 4 May 2010 SL/2008/1007 5/11/09
63