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Meetings, Agendas, and Minutes SOUTH LAKELAND DISTRICT COUNCIL South Lakeland House, Kendal, Cumbria LA9 4UQ www.southlakeland.gov.uk You are requested to attend a meeting of the Planning Committee on Thursday, 25 March 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 Jane Carson Brian Cooper Joss Curwen Colin Davies Sheila Eccles Sylvia Emmott Clive Graham Brenda Gray Frank Hodson Janette Jenkinson Kevin Lancaster Sonia Lawson Paul Little (Chairman) Ian McPherson (Vice-Chairman) Maureen Nicholson David Williams Mary Wilson 17 March 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 - 14 To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 25 February 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 and Member Services Manager on 01539 717440. (1) Planning Applications Planning applications for which requests to speak have been made. (2) Agenda Items Agenda items for which requests to speak have been made. 6. REPORT OF THE CORPORATE DIRECTOR (COMMUNITIES) 15 - 68 To determine planning applications received. 7. A REPORT ON ENFORCEMENT ACTIVITY FROM 25 DECEMBER 2009 TO 69 - 76 22 JANUARY 2010 To inform Members about enforcement activity between 25 December 2009 to 22 January 2010 and to authorise enforcement action as recommended on the individual cases referred to. 8. A REPORT ON THE OUTSTANDING ENFORCEMENT CASELOAD 77 - 80 BETWEEN 01 JANUARY 2004 AND 22 JANUARY 2010 To inform Members about the outstanding enforcement caseload between 1 January 2004 and 22 January 2010. 9. A REPORT ON ENFORCEMENT ACTIVITY FOR 2009 81 - 82 To inform Members about enforcement activity during 2009. 3 10. APPLICATIONS CONSIDERED PREVIOUSLY BY THE PLANNING 83 - 84 COMMITTEE AND DETERMINED BY THE CORPORATE DIRECTOR (COMMUNITIES) BETWEEN 16 FEBRUARY AND 12 MARCH 2010 To note the decisions made by the Corporate Director (Communities). 11. APPEALS UPDATE AT 12 MARCH 2010 85 - 96 To provide Members with information about receipt and determination of planning appeals. 12. APPLICATIONS DETERMINED BY CUMBRIA COUNTY COUNCIL 97 - 98 To inform Members of the applications determined by Cumbria County Council. 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 81 25.2.2010 Planning PLANNING COMMITTEE Minutes of the proceedings at a meeting of the Committee held in the Council Chamber at South Lakeland House, Kendal, on 25 February 2010, at 10.00 a.m. Present Councillors Paul Little (Chairman) Ian McPherson (Vice-Chairman) Jane Carson Brian Cooper Joss Curwen Colin Davies Sheila Eccles Sylvia Emmott Brenda Gray Frank Hodson Janette Jenkinson Sonia Lawson Maureen Nicholson David Williams Mary Wilson Apologies for absence were received from Councillors Alan Baverstock and Kevin Lancaster. Officers Graham Darlington Conservation Officer (part) Barry Jackson Planning Officer (part) Janine Jenkinson Assistant Democratic Services Officer Kate Lawson Area Team Leader (West) Matthew Neal Solicitor to the Council Andy Roe Development Control Manager P/116 MINUTES RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting of the Committee held on 28 January 2010. P/117 DECLARATIONS OF INTEREST RESOLVED – That it be noted that the following declarations of interest were made:- (1) Barry Jackson - Minute P/121 (Planning Application No.SL/2009/0977); and (2) Matthew Neal - Minute P/120 (Planning Application No.SL/2010/0013). P/118 LOCAL GOVERNMENT ACT 1972 – EXCLUDED ITEMS RESOLVED – That the item in Part II of the Agenda be dealt with following the exclusion of the press and public. 5 82 25.2.2010 Planning P/119 PLANNING APPLICATIONS The Development Control Manager submitted a Schedule of Planning Applications and his recommendations thereon. RESOLVED – That (1) the applications be determined as indicated below (the numbers denote the Schedule numbers of the application); (2) except where stated below, the applications be subject to the relevant conditions and advice notes, as outlined in the Schedule; and (3) except where stated below, the reasons for refusal be those as outlined in the Schedule. Note – Matthew Neal, Solicitor to the Council, declared a personal and prejudicial interest in the following item of business, by virtue of his involvement with the Catholic Church. He left the Council Chamber during the discussion and voting thereon. P/120 PUBLIC PARTICIPATION Planning Applications RESOLVED – That the following application, for which representations have been received from members of the public, in accordance with Minute 1810 (1996/97), be determined in the following manner:- 10.SL/2010/0013 SKELSMERGH: Dodding Green, Mealbank, Kendal. Variation of Condition 2 on Planning Permission SL/2007/1164 Re: modification of ratio of new members to experienced mentors. Maria Radice, spoke in support of the application. A full copy of her representation is available on the Democratic Services file. Ian Kell, spoke in objection to the application. A full copy of his representation is available on the Democratic Services file. In addition, he presented to the Chairman of the Committee a letter from Cumbria Drug & Alcohol Action Team (DAAT) which outlined their professional concerns regarding the application. The Development Control Manager reported the full content of the letter to the Committee. DAAT had expressed their wish to engage with the Cenacolo community, initial contact had been established and there appeared to be willingness from both sides. Regarding the planning application they had recommended an extension of one year to the temporary conditions. A full copy of the letter is available on the Democratic Services file. Members were advised that there was no information or evidence to show that the operation working under the current condition had produced problems or a detrimental impact to surrounding residents. 6 83 25.2.2010 Planning A discussion took place regarding the intake of new members and some concern was expressed due to the fact that the number of incoming members had not been tested to the maximum approved capacity. On balance, Members were of the opinion that the scheme was acceptable and supported the application. GRANT P/121 COMPLEX PLANNING APPLICATIONS RESOLVED – That the following applications be determined in the manner set out:- 4.SL/2009/1041 ULVERSTON: Rascals Day Nursery, North Lonsdale Road, Ulverston. Erection of six dwellings with parking spaces. (Mr M Wood) The Area Team Leader (West) reported that the application as originally submitted had been amended. The unit to the rear of the main terrace had been removed and the end unit enlarged to form two, two bedroomed flats. It was considered that the amendments would address the visibility issues raised by Cumbria Highways as well as reducing the impact of the development and creating an improved layout. An update on consultee responses received was reported to the Committee. The Environment Agency had advised that the Flood Risk Assessment report required updating to incorporate additional information following the floods that had taken place in November 2009. United Utilities had recommended that conditions relating to surface water drainage arrangements be attached to the application. The Council’s Environmental Protection Group had requested further information relating to flood risk and drainage matters. Concerns were raised regarding the location of the proposal in a flood risk zone. The Committee supported the principle of residential development on the site. Overall, it was felt the application was acceptable, subject to the flood and drainage details proving satisfactory. The Corporate Director (Communities) to GRANT, subject to the agreement of Flood Risk Assessment details and surface water drainage details. 8.SL/2009/1139 BARBON: Parsons Hill, Barbon. Extensions and alterations. (Mr & Mrs D Maloney) The Planning Officer provided Members with a summary of the historical context of the application. A previous Appeal in relation to the extension of Parsons Hill had been dismissed. A letter received from the Architect was reported to the Committee. The letter asserted that the criticisms raised in 7 84 25.2.2010 Planning relation to the previous application had been addressed. With regards to the issues of design and scale, raised by the Inspector, it was felt these had been misguided and incorrect and therefore these matters should not constitute a material consideration for the determination of the current application. The Committee was presented with photo images of the property, that had been provided by the Architect.
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