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SCHEDULE A Planning Applications 1 SL/2006/0888 KIRKBY LONSDALE: FORMER GAS HOLDER SITE MILL BROW, KIRKBY LONSDALE PROPOSAL: DWELLING MISS C. A. MAYCOCK 03/04/2007 7502064 SUMMARY: Although there has been a previous refusal for a dwelling on the site of the former gasworks, this detailed proposal would enhance the appearance of the locality and it is recommended that planning permission be granted. KIRKBY LONSDALE TOWN COUNCIL: Grant. CUMBRIA HIGHWAYS: The increased use of Mill Brow is an adverse aspect of this proposal but the additional traffic generated by one dwelling is not a sufficient ground to justify the refusal of planning permission. The access from the foot of Mill Brow to the site should be improved to an appropriate standard. ENVIRONMENT AGENCY: No objection subject to the development being undertaken in accordance with the Flood Risk Assessment submitted with the planning application. Remedial works in respect of land contamination on this site, formerly occupied by the gasworks, have been undertaken following their approval in 1997. Some residual contamination did, however, remain but it was concluded that the contamination remaining on site was not affecting the River Lune. It is recommended that the remedial works undertaken in 1997 be reviewed in line with current guidelines. If, during development, contamination not identified during the previous site investigations is discovered the Local Authority should be contacted. The existing (septic tank) foul drainage system must be maintained in a good state of repair, regularly de-sludged and of sufficient capacity to deal with increased flows. KIRKBY LONSDALE CIVIC SOCIETY: To be reported. ENVIRONMENTAL PROTECTON MANAGER (SLDC): To be reported. Page 1 of 48 OTHER: One letter of objection has been received. The main grounds of objection are as follows: (1) Issues of Conservation: This is a Conservation Area. The appellant began renovating his present dwelling, the Gas House, before 1999, and it is not yet completed. Such lengthy building operations are bound to despoil the beauty and tranquillity of the riverside, which attracts many tourists, and consequently benefits the town. (2) Health & Safety Questions: Access to the property is down a steep narrow road, well used by pedestrian locals and tourists. Increased traffic, particularly contract building vehicles, would represent a serious hazard. (3) Flooding Risk: The area is subject to severe flooding. Until the 1990s the area flooded only intermittently, but in the last decade it has become an almost annual event, with increasing depth and ferocity, making access impossible. In floods of the last few years, the water has reached a depth of 36 inches on the ground floor of Lunefield Farmhouse, adjacent to the site. HISTORICAL CONTEXT: An outline planning application for a dwelling here was refused permission in August 2005 for the following reasons: (1) The application site is within the Kirkby Lonsdale Conservation Area and the granting of outline planning permission would be in conflict with the provisions of Policy C16 of the South Lakeland Local Plan which states that: “Development in a Conservation Area will not be permitted unless sufficient information is provided with the application to assess the total effect of the proposal on the character or appearance of the Area. This will require a full planning application for all development proposals.” (2) The proposed development is in conflict with the objectives of Policy 26 of the adopted Cumbria & Lake District Joint Structure Plan and Policy C16 of the adopted South Lakeland Local Plan which aims to ensure that the special architectural and visual qualities of the Conservation Area are not only preserved but, where possible, enhanced. The proposed development will seriously detract from the character and appearance of this part of the Kirkby Lonsdale Conservation Area and, as a consequence, is in conflict with the objectives of the relevant Development Plan policies. (3) Mill Brow descends very steeply towards the river and is narrow and lacking in pedestrian segregation. Its physical characteristics are such that it would be undesirable, in road safety terms, to place any additional demands on this particular highway by way of additional traffic movements. (4) The site was formerly occupied by a gas holder and, although remedial works have been carried out to remove pollutants, some residual contamination remains. In the absence of a land contamination study and risk assessment the Local Planning Authority is not prepared to grant planning permission for a dwelling to be built on this site. DESCRIPTION & PROPOSAL: The application site, formerly occupied by the gasworks, stands at the foot of Mill Brow; a narrow street which descends steeply from the town centre and which is lacking in pavements. The site is very close to the western bank of the river Lune and is adjacent to the Mill Ayre Nature Site. It is within the conservation Area, The application site is currently used as curtilage ground in connection with the neighbouring property to the south, 15 Mill Brow. Page 2 of 48 The proposed house will contain three bedrooms and will occupy two floors. It is to be faced with stone and roofed with slate. A stone wall will surround the curtilage facing the river. POLICY ISSUES: Kirkby Lonsdale is identified as a key service centre in the Structure Plan. The site is within the development boundary of the town as defined in the Local Plan. Policy h5 of the Local Plan permits new dwellings on suitable small sites within development boundaries, provided they do not result in the loss of important open space. Policy C16 of the Local Plan and Policy E38 of the Structure Plan reflect the statutory duty of the Local Planning Authority to have special regard to the desirability of preserving or enhancing the character of Conservation Areas. 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 application submitted in 2005 for a dwelling on this site was refused because it was submitted in outline form, because of concerns over the increased use of Mill Brow by vehicles and because of the absence of a contaminated land study. Advice on the latter is being sought from the Environmental Protection Manager (SLDC) and Cumbria Highways has confirmed that the traffic generated by one dwelling is not sufficient to justify the refusal of planning permission, notwithstanding the steep gradient and narrow width of Mill Brow. The submitted details illustrate a well-designed house which is to be faced with stone and covered with a slate roof. It will enhance the appearance of this part of the Conservation Area and, as such, is consistent with the objectives of Policies C16 and E38 of the Local Plan and Structure Plan, respectively. The Flood Risk Assessment submitted with the application and accepted by the Environment Agency concludes that the house, with first floor access and egress on to Mill Brow is well above the 1-in-1000 year risk levels. The ground floor will be defended against the increasing risk of shallow flooding by a floodgate at the entrance to the site. Advice from the Environmental Protection Manager (SLDC), on the subject of residual contaminants is awaited. Otherwise, planning permission can be granted following the completion of an Agreement to secure local occupancy. RECOMMENDATION: The Strategic Director (Customer Services) be authorised to GRANT planning permission with the following conditions, subject to the completion of an Agreement, made under Section106 of the 1990 Planning Act, to ensure local occupancy: (1) Standard time limit; (2) Details of external stonework to be agreed; (3) Natural slate for roof, sample to be agreed; (4) Details of external features including windows, doors and their finished treatment to be agreed; (5) Boundary treatment to be agreed; (6) Surface treatment to be agreed; (7) Landscaping; (8) Development to be carried out in accordance with Flood Risk Assessment recommendations; (9) Mitigation measures for dealing with land contamination to be carried out; (10) As requested by Consultees. Page 3 of 48 2 SL/2006/1094 KENDAL: LAND AT LOUND STREET, KENDAL PROPOSAL: PROPOSED AFFORDABLE HOUSING COMPRISING:21 VERY SHELTERED UNITS WITH ANCILLARY ACCOMMODATION; AND,19 SHELTERED UNITS WITH ASSOCIATED PARKING, SENSORY GARDEN AND LANDSCAPING, INCLUDING 4 CAR PARKING SPACES FOR USE BY LOUND STREET RESIDENTS KENDAL RIVERSIDE LTD 03/04/2007 3511096 SUMMARY: A development of the scale proposed, to be used for affordable sheltered housing for elderly people, is appropriate on this site which is currently used as an overflow car park for K-Village. Similarly, the substitution of this development for the 30 affordable apartments which were to form a part of the K-Village redevelopment can be supported. KENDAL TOWN COUNCIL: Approve. CUMBRIA HIGHWAYS: This development will fall under the Advance Payments Code Procedure operated by Cumbria County Council, and the road works must be constructed to an adoptable standard, this will include a system of surface water drainage and a road lighting scheme. Advises that the turning head within the site must serve the whole of Lound Street. If this is not acceptable to the developer or the planning authority this application must be refused on highway safety grounds. A traffic calming feature should be provided to the approval of the highway authority at the site entrance and junction with the back of Lound Street eg change of materials, the access into the development will become the dominant route with footways connecting into the rest of Lound Street. Some of these works will be within the public highway so separate agreement will be needed with the highway authority. A link to the canal cycleway must be provided suitable for cyclists and pedestrians (and residents of the new development must have the opportunity to use this facility).