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.

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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). Given the difficulties with parking congestion on Lound Street, all access for construction should be from the Parkside Road access. The access and parking/turning requirements shall be substantially met before any building work commences on site so that constructional traffic can park and turn clear of the highway. Members should note that the applicant is negotiating with Cumbria Highways to reduce the width of the pavements on either side of Lound Street by 600mm each; thus increasing the width of the carriageway by 1.2 metres.

Page 4 of 48 ENVIRONMENT AGENCY: No fundamental objections. Conditions should be included relating to flood risk mitigation and contaminated ground remediation measures.

NATURAL ENGLAND: The site is 180 metres from the River Kent and Tributaries Site of Special Scientific Interest (SSSI) and River Kent Special Area of Conservation (SAC) and is part of the River Kent floodplain. The River Kent SAC is considered to be one of the best areas in the United Kingdom for the following features which qualify it as a SAC of international importance: • Bullhead • White-clawed crayfish • Rivers with floating vegetation often dominated by water-crowfoot These require high water quality and undisturbed riparian habitats. Therefore, before granting planning permission, South Lakeland District Council, as competent authority under Regulation 48 of the Conservation (Natural Habitats &c) Regulations 1994, is required to carry out an “assessment of likely significance” and needs to be satisfied that appropriate measures are in place to ensure that the water quality of the River Kent will not be significantly affected by the development, during demolition, construction and once completed. Based on the information provided, Natural England objects to the proposed development as there is insufficient information with the application to advise whether the proposal is likely to have a significant effect on the European site in accordance with the Habitats Regulations. Natural England’s main concerns are to ensure that measures are put in place, during demolition, construction and after use, to prevent any possible leachate contaminant from both surface and groundwater entering the River Kent, for example by remediating any contamination and ensuring surface and ground water runs directly into mains drainage and does not run into the river. All demolition and development work and after use of the site needs to be carried out in such a way as to prevent any pollution or silt, for example from contaminants and cement works, entering the River Kent and Tributaries SSSI and River Kent SAC including from accidental spillage, leak or potential flooding. Silt- laden run off from construction sites can increase the silt loading of a river and subsequently reduce the water quality and spawning ground quality for native white-clawed crayfish and bullhead as well as smothering water plants. Native white-clawed crayfish require clean, clear water and any increase in sediment levels can clog up their gills and silt up the crevices under stones in which they live.

COUNTY ARCHAEOLOGIST: The site lies within an area of archaeological potential. The Lancaster Canal and the Lound Canal Wharf were located on the site and the archaeological desk-based assessment indicates that much of the site has been undisturbed by recent development so there is the potential for earlier remains to also be present. It is therefore considered likely that significant archaeological remains may survive on the site. Consequently, considers that the site should be subject to a programme of archaeological investigation and recommend that this work should be commissioned and undertaken at the expense of the developer. This programme of work can be secured through the inclusion of a condition.

CUMBRIA COUNTY COUNCIL’S STRATEGIC DEVELOPMENT OFFICER FOR ADULT SOCIAL CARE: The scheme will contribute towards meeting a need for 44 extra-care housing units identified in the Cumbria Extra-Care Strategy 2005 – 2010.

Page 5 of 48 KENDAL CIVIC SOCIETY: Having scrutinised this planning application very carefully and at length, we wish to make the following serious objections: (1) We are extremely concerned that the site of the application intrudes on to the old Coal Wharf at Change Bridge. Whilst there is little to be seen on the ground, the wharf exists in its entirely. When the Canal is restored and re-watered, the restoration of the wharf is an essential part of the overall plan. Narrow boats need 60 – 70 feet to turn, and this must be provided by the wharf, without it boats will be stuck when the Parkside Road lift bridge is down. We cannot understand why there is no comprehensive plan for the Canal side corridor, and piecemeal applications such as this are being submitted. Should this building be permitted it will have a disastrous effect on the restoration of the Canal, and this point must be thought through very carefully. (2) Yet again, the design of this building causes us to despair. Its scale, size and construction are totally alien to this prime setting by the Canal and could be in any town in the country. A depressing pastiche of an 18th century building, it is completely devoid of any imaginative design. Its dinky little pitched gables hide the large expanse of flat roof, curiously not mentioned in the design statement, but presumably the purpose is to reduce the height of the block. A better solution would be to include rooms in the roof space lit by dormer windows. This scheme is so similar to most of the schemes submitted for housing in Kendal, and we despair of ever seeing a design solution with a modern approach which will enhance the environment. Developers should be discouraged by the Planning Department from submitting such sub-standard designs. The UK has at its disposal some of the world’s finest architects, yet time and again we are presented with boring, bland and unimaginative schemes which were surely drawn up by computer. This site presents a great opportunity to provide Kendal with a stunning modern beautiful building integrated into the canal side with its fine old bridges and the Castle as a backdrop, and Kendal does not deserve a block such as this. The Civic Society has reiterated its objections to the amended details for the scheme. The Chairman has written in separately requesting that the large wharf edge stones are removed and retained for reuse by the canal development at a later stage. He comments that permission should only be granted for a building that is worthy of its position on the water gateway to the town.

UNITED UTILITIES: United Utilities Electricity (UUE) has a number of underground cables in the vicinity of the development area that will be affected by the new building. The cables provide an essential and integral role in maintaining high voltage electricity supplies to customers in Kendal and the surrounding area. UUE is in the process of negotiating with the applicant company to ensure the future security and relocation of the high voltage cables.

BRITISH WATERWAYS: No comments.

LANCASTER CANAL TRUST: No observations received.

LANCASTER CANAL RESTORATION PARTNERSHIP: As long as it does not obstruct the Canal line, no objection – it is requested that the developers make arrangements for the coping stones and other masonry to be delivered to a BWB site for safekeeping and reuse in restoration proposals. Also requests informative board be incorporated on the site to record its previous use.

Page 6 of 48 INLAND WATERWAYS ASSOCIATION: No observations received.

HOUSING STRATEGY MANAGER (SLDC): The proposal has the full support of the Housing Strategy Manager (HSM). All the units are to be affordable and the building, when completed, will be managed by a Housing Association. There is a need for affordable, sheltered accommodation in Kendal and the HSM is supportive of the substitution of this form of accommodation for the 30 affordable flats in the K-Village redevelopment. He also recommends that the developer offers the Council a commuted sum for the provision of two additional affordable housing units elsewhere in the town.

ENVIRONMENTAL PROTECTION OFFICER (SLDC): No objections.

OTHER: 15 letters of objection have been received, including one from the Ward Member, and a petition containing 40 signatures. The overwhelming majority of objections are from Lound Street residents and can be summarised as follows: • Lound Street is a narrow, residential cul-de-sac which is quite unsuitable to be used as the vehicular access to the proposed sheltered housing scheme. Vehicles are parked on either side of the street and the carriageway is reduced to the width of one vehicle. It is too narrow for use by emergency and service vehicles. • The development will generate a constant flow of vehicles along Lound Street and will cause congestion and road safety hazards at the junction with Lound Road. • Vehicular access should be from Parkside Road, not Lound Street. • The K-Village overflow car park is used by Lound Street residents and there are often up to 20 cars parked during the evening and at weekends. The proposed development will prevent residents from using this car park. • The Lound Street houses do not have off-street parking and residents park either on the street or on the K-Village overflow car park. • The provision of four parking spaces, within the sheltered housing development, for use by Lound Street residents is insufficient. • There are insufficient on-site parking spaces within the development. • The building, a solid, three-storey slab is of a scale which is out of character with the 19th century terraced houses which characterise Lound Street. Its size will dominate, rather than complement, Lound Street. Its rendered walls and plastic window frames will exacerbate the contrast between the styles of building. • The scale of the building is such that it represents an over-development of the site. • The development will lead to the loss of open space and will obstruct access for pedestrians and cyclists to the canal path. • The sewerage system serving Lound Street will not be able to cope with the increased flows from the sheltered housing development. • 30 affordable flats will be lost from the K-Village redevelopment and will substitute highly specialised flats for which no need has been demonstrated. • The bin-store and sub-station are too close to the houses on Garden Mews to the south of the site.

Page 7 of 48 • The demolition of the building from the southern boundary of the site is to be welcomed but it is covered with an asbestos roof and proper care must be taken to ensure that the health and well-being of neighbouring residents are not jeopardised.

HISTORICAL CONTEXT: An application for 24 houses, submitted in 2005, was withdrawn before being considered by the Planning Committee.

DESCRIPTION & PROPOSAL: This application should be considered in conjunction with the application SL/2006/1095 which proposes the substitution of the 30 affordable flats within the K-Village redevelopment by 1550 square metres of office space. The application site, which is currently used as an overflow car park for K-Village, lies between the head of Lound Street and the route of the canal. To the south are the Garden Mews and Ivy Bank houses; to the north is the Untied Utilities depot and sub-station. The proposed sheltered housing development comprises one large, three-storey building to be built facing Lound Street. It is to be fronted by two single-storey buildings and parking for 18 vehicles, including 4 spaces for use by residents of Lound Street. The main building will encroach on to part of the former canal wharf which occupies the southern part of the site. The stone edges of the wharf are visible but, like the rest of the canal through the town, it has been filled in. The site of the former wharf, together with the listed Change Bridge and the route of the former canal to Parkside Road are within the Kendal Conservation Area. The three-storey building will feature a slated, mansard roof; the walls are to be finished externally with a mix of render and roughcast. The single-storey buildings are to be covered with hipped roofs. The main building will contain 34 flats with six flats occupying the two single-storey buildings. All 40 flats are self- contained with one bedroom. They are to be a mix of sheltered and very sheltered flats for elderly persons. “Very Sheltered” is a term used to describe a type of housing, care and support that falls between traditional sheltered housing and residential care. The proposed development is to be affordable with the occupants local to Kendal and South Lakeland. The development, when completed, is to be sold to a Housing Association which will then manage the facility. The proposed sheltered affordable housing development, comprising 40 flats, is to be a substitute for the 30 affordable flats which were to be provided within the K-Village redevelopment under the terms of the Section 106 Agreement. The 30 affordable flats are to be replaced by offices (as proposed by the companion application SL/2006/1095) and the number of flats within the K-Village redevelopment is now reduced from 120 to 90. The scheme has the support of the District Council’s Housing Strategy Manager who has confirmed that there is a need for this form of accommodation for elderly persons in Kendal. It is also supported by the County Council’s Adult Social Care Manager as it will contribute towards meeting a need for extra-care housing. Vehicular access is to be from Lound Street which is a residential cul-de-sac. Cars are regularly parked on either side of the street along its whole length. The parked vehicles narrow the useable carriageway to the width of one car. Access by larger vehicles is difficult and impossible for some. It is understood that the applicant is negotiating with Cumbria Highways to reduce the width of the pavements on one or both sides of Lound Street in order to increase the width of the carriageway whilst at the same time retaining 1.8 metre wide pavements. At the present time vehicular access into the application site from Lound Street is prevented by a wall, although there is access for pedestrians and cyclists.

POLICY ISSUES: The site is within the development boundary of the town and the southern part is within the Conservation Area. Local Plan Policy H4 states that residential development within Kendal will be permitted on suitable

Page 8 of 48 small sites within the development boundary provided there is no loss of important open space. A small site is normally defined as a single site of less than 0.25 hectare; the application site extends to 0.46 hectare. The preamble to Policy H4 explains that within Kendal and Ulverston sites larger than 0.35 hectare might prove to be acceptable depending on their location and nature. A sheltered housing development on the site would not result in the loss of important open space. Policies ST11 and H19 of the Structure Plan require all new housing in the eastern part of the District to be restricted to people with a local connection to the area and on sites exceeding 0.4 hectare, or developments of 10 or more dwellings, for 50% of the units to be affordable. Local Plan Policy C16 reflects the statutory duty of the Council to have special regard to the desirability of preserving or enhancing the character of the Conservation Area. Policy L12 protects the route of the canal and states that: “Development will not be permitted which would be likely to prevent or impair the restoration of the Lancaster Canal … or which would result in the loss of any buildings, locks or other structures associated with the canal.” Policy S2 of the Local Plan describes the South Lakeland Design Code and requires development applications to take proper account of its principles.

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

ASSESSMENT: This application raises three major issues: • whether the substitution of affordable sheltered housing for the elderly for the 30 affordable apartments within the K-Village redevelopment is acceptable; • whether the use of Lound Street as the means of vehicular access is acceptable; and • whether the scale and design of the building is appropriate for the site. Affordable housing: The need for sheltered accommodation for elderly persons has been confirmed by the Housing Strategy Manager and the County Council. It is intended by the applicant that the development, when completed would be sold to a Housing Association and it is understood that the Impact Housing Association is particularly interested. The Housing Association would sell (up to a maximum of 50% equity) or rent the flats to people who met the agreed criteria. The delivery of affordable housing for locally-based elderly people would be the subject of an Agreement made under Section 106 of the 1990 Planning Act. Amendments would need to be made to the Agreement relating to the K-Village redevelopment to reflect the deletion of the 30 affordable apartments. Members are advised that the provision of 40 sheltered flats (together with a commuted sum equivalent to two affordable flats) is an appropriate substitute for the 30 affordable flats which were to be constructed as part of the K-Village redevelopment. Vehicular access: Lound Street is a residential cul-de-sac where on-street parking, along both sides is prevalent. As a consequence, the carriageway is reduced to the width of one car. Access by emergency vehicles and delivery and service vehicles is difficult. Cumbria Highways has previously suggested the construction of two passing places, at the expense of residents’ parking. Hence, the provision of four parking spaces for Lound Street residents within the application site. A more recent suggestion is to widen the Lound Street carriageway by narrowing the pavement on one or both sides, but retaining 1.8 metre wide footways. A sheltered housing development for elderly people is unlikely to generate significant volumes of traffic. Increasing the width of the carriageway would, however, improve driving conditions and would allow for the freer movement of vehicles. Access to the parking places provided for Lound Street residents also provides for the turning arrangements requested by the Highway Authority.

Page 9 of 48 Vehicular access from Parkside Road would not be appropriate because it would necessitate the construction of a permanent road along the route of the canal. It would, however, seem sensible for construction traffic to use the present access to the overflow car park from Parkside Road. The design and scale of the building: The main building, which will contain 34 flats on three floors, is of a substantial scale. It is some 60 metres in length and 25 metres deep. The main elevation faces Main Street and, at its southern end, encroaches into the former canal wharf. A mansard roof is proposed; hipped roofs will cover the roofs of the two single-storey buildings to be sited between the main building and Lound Street. Whilst the Civic Society, together with a number of Lound Street residents, have criticised the proposal it is considered that the scale, design and materials of the three-storey building are appropriate for the site and its immediate surroundings. The mass of the building is broken by projecting bays, an indented floor plan and by eaves line dormers. The encroachment on to the formal canal wharf has, however, been raised with the applicant, although this in itself cannot justify the refusal of a well thought through scheme.

RECOMMENDATION: It is recommended that the Committee find in overall favour of this development and authorise the issuing of a planning permission, with appropriate conditions, following an Agreement to secure the delivery of affordable housing for elderly persons and the carrying out of works to Lound Street to ease congestion and the resolution of the issues raised by Natural England.

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3 SL/2006/1095 KENDAL: KENDAL RIVERSIDE, LOUND ROAD, KENDAL PROPOSAL: AMENDMENTS TO PLANNING PERMISSION SL/2005/0619 TO FACILITATE 1,557 SQ.M OF OFFICE SPACE IN LIEU OF 30 RESIDENTIAL UNITS INCLUDING RECONFIGURATION OF BASEMENT CAR PARKING KENDAL RIVERSIDE LTD

03/04/2007 3520025 SUMMARY: The introduction of office floorspace into the K-Village redevelopment can be supported provided that Members agree with the recommendation to permit the transfer of the affordable housing element to another site as proposed by application SL/2006/1094.

KENDAL TOWN COUNCIL: Approve on condition that the District Council maximises the use of affordable housing on this site, given the new guidance from Government supporting affordable homes.

CUMBRIA HIGHWAYS: The highway conditions attached to the planning permission for the K-Village redevelopment should be applied to this proposal.

ENVIRONMENT AGENCY: No fundamental objections but attention is drawn to the presence of an otter holt adjacent to the proposed development.

CUMBRIA COUNTY COUNCIL’S ASSISTANT ARCHAEOLOGIST: An archaeological evaluation of the site has identified remains relating to an 18th/19th century tannery, which would be damaged or destroyed by the proposed development. Therefore, in line with comments made by this office concerning an earlier application on the site, I recommend that the archaeological remains surviving below ground that were identified in the evaluation should be preserved by record through a programme of further archaeological investigation. I consider that this work should be commissioned and undertaken at the expense of the developer and can be secured through the inclusion of a negative condition.

KENDAL & SOUTH LAKES SHOPMOBILITY: The Chairman is pleased to note that the Shopmobility Unit has been moved up one level but has queried access for people who arrive by coach, the provision of a ventilation system, toilet facilities and compliance with Disability Legislation. (Members are advised that the criticisms and queries have been answered by the applicant).

Page 11 of 48 OTHER: A point made by some of those who have written in opposition to application SL/2006/1094 is that the proposal to change the mix of the K-village redevelopment would result in the loss of 30 affordable apartments that would otherwise contribute to meeting the housing needs of the area. Other concerns relate to the installation of external lighting, particularly in relation to the houses on South Road on the opposite side of the river; the burning of toxic materials during the demolition phase; the vulnerability of the Aynam Road and Lound Street properties to flooding as a result of the underground car parking; the traffic congestion which will be caused; the difficulties which will be experienced in constructing the basement car parks because of the nature of the underlying rock.

HISTORICAL CONTEXT: Planning permission for the development of K-Village was granted last September. The redevelopment comprises two levels of basement parking; factory outlet shopping together with bars and cafes on the ground floor; and 120 flats on the floors above (30 of the flats are to be affordable and 30 are subject to a local occupancy Agreement).

DESCRIPTION & PROPOSAL: This application proposes the following changes to the redevelopment of K-Village which gained planning permission last September: • The deletion of the 30 affordable flats from the first floor and the introduction of 1,557 square metres of office space on the Lound Road side of the development. • Minor amendments to the Lound Road elevation and within the internal courtyard to facilitate the introduction of the offices. • The redesign and reconfiguration of the two basement car park levels. Car park level 2 will contain 210 spaces for shoppers and 27 bays for drivers with disabilities; Car park level 1 will provide 112 spaces for the residents of the 90 flats and their visitors, 64 shoppers’ spaces, 15 employees’ spaces and six parking bays for the Shopmobility Unit. The removal of 30 of the flats will reduce the number of apartments to 90. Application number SL/2006/1094 is a related proposal for 40 sheltered flats for elderly people. It is intended that the affordable housing component of the K-Village redevelopment (ie 30 flats) be replaced by the sheltered housing proposed by application SL/2006/1094. The transfer of the affordable element to the site currently occupied by the overflow car park facilitates the provision of office floorspace within the K- Village redevelopment.

POLICY ISSUES: Local Plan Policy E4 supports suitable employment-related development in employment areas provided that: (a) the development would not cause harm to the character of the area or the amenity of nearby residents because of its scale, appearance or traffic generation; (b) adequate parking and servicing arrangements and appropriate provision for cyclists are provided; and (c) landscaping details, where necessary, form an integral part of the development.

ASSESSMENT: The provision of modern, purpose-built office floorspace within the K-Village redevelopment should be supported. Offices will be a positive addition to the mix of uses on the site and will contribute to the wider economy of the town. The site is close to the town centre and to the residential area in the southerly part of the town and, as such, occupies a sustainable location. The more controversial issue of transferring the affordable housing element off-site means that this application cannot be dealt with in isolation; it has to be considered simultaneously with application SL/2006/1094.

Page 12 of 48 RECOMMENDATION: The Strategic Director (Customer Services) be authorised to GRANT planning permission following appropriate changes being made to the Section 106 Agreement relating to the K-Village redevelopment.

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4 SL/2006/1359 OLD HUTTON AND HOLMESCALES: HAZELDENE, OLD HUTTON, KENDAL PROPOSAL: REPLACEMENT DWELLING MR & MRS P MASON

03/04/2007 4902031 SUMMARY: The proposal is acceptable subject to amended plans.

OLD HUTTON & HOLMESCALES PARISH COUNCIL: Oppose. The scheme involves altering boundary walls and encroaching on greenfield. The size is unneighbourly. The visual impact will be detrimental on this visually prominent site.

CUMBRIA HIGHWAYS: The access gate should be recessed by measures of 4.5 metres with 45° splays and the drive should be surfaced with a bound material and have a surface water drainage system which avoids water draining on to the highway.

OTHER: Five letters of objection have been received expressing concerns at the scale of the development on a prominent and elevated site. Three express concerns about the appearance being uncharacteristic. The occupants of the dwelling to the north west object to overlooking of their bathroom and garden.

DESCRIPTION & PROPOSAL: The existing small bungalow on the site was built by Mrs Mason’s grandfather and has been latterly occupied by her mother who now wishes for the support of her family living with her. Having looked at the feasibility of extensions and had difficulty achieving a satisfactory design, this application represents the alternative of demolishing the existing bungalow and rebuilding a house on the site. A T-shaped range is proposed with two main floors of accommodation including an underbuilt garage. Because the underbuilding is visible on the main public elevations this gives the impression of a three-storey structure. The architect has produced a plan showing the comparative levels of the existing and proposed dwelling which shows the new ridgeline being 1.8 metres higher. Amended plans are being prepared showing the underbuilding screened by garden levels and simplifying the design appearance. There would be an extension of the domestic curtilage by approximately 7 metres northwards.

POLICY ISSUES: As a replacement dwelling the application does not raise issues in relation to IPATH and the housing quota.

Page 14 of 48 Policy S2 of the Local Plan sets out the South Lakeland Design Code and requires development applications to take proper account of its principles. Policy E36 of the Structure Plan states that: “Development and land use change detrimental to the distinctive character of landscapes designated as of County Importance will not be permitted, except where required to meet local infrastructure needs, which cannot be located elsewhere and which is sited to minimise environmental impacts and meets high standards of design.” As the access already exists to serve a dwelling and is not being changed there appears no basis for requiring improvements.

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 redevelopment is acceptable. The scale of the extension of the curtilage is not such as to detract from the landscape character. The increase in ridge height also appears acceptable but the submitted plans by revealing the underbuilding on the main public elevation support a more significant bulk and massing. However, more sensitive ground works could alleviate this, as would some minor amendments to design detailing. These matters have been taken up with the applicant’s agent. It should also be noted that the dwelling, the occupants of which fear overlooking, is some 35 metres from the replacement dwelling. Overall, it is felt that this is an acceptable approach to what is a large site and subject to a satisfactory conclusion to the negotiations, approval is recommended.

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) Satisfactory amended plans (3) Approval of external materials (4) Approval of finished ground-floor levels (5) Surfacing of first 5 metres of access drive; (6) Control of surface water discharge on to highway; (7) Position of access gates.

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5 SL/2007/0040 ALDINGHAM: FIELD ON LONG LANE, GOADSBARROW, ULVERSTON PROPOSAL: EXTENSION TO AGRICULTURAL BUILDING FOR PIG HOUSING MR R ROSE

03/04/2007 7802040 SUMMARY: Negotiations are in progress to secure a reduction in the scale of the extension proposed.

ALDINGHAM PARISH COUNCIL: Object for the following reasons: (1) the development is too dominant in the flat low lying landscape; (2) the building is too tall and too large for the field . The impact of the new building may be diminished if it were to be relocated in front of the existing building. Should permission be granted the Parish Council would like to see the site tidied up and the rubbish cleared away as a condition of granting planning permission.

ENVIRONMENT AGENCY: The site is located in Flood Zone 2, which is the medium to low risk zone. The predicted 1 in 200 year tidal flood level for this location is 6.77mAOD. On this basis the minimum floor level of the building proposed is set above 6.97mAOD inclusive of climate change. The building must be constructed a minimum of 4 metres away from the watercourse. Measures must be taken to ensure no waste or contaminated drainage from the pig housing enters the watercourse. Contaminated field drainage must not be discharged to the adjacent watercourse.

OTHER: One letter of objection has been received which raises the following issues: - the existing building has had a detrimental impact on the environment, landscape and flora and fauna; - the land is not suitable to support this type of farming; - the land is not managed effectively due to its location and environmental constraints; - the applicant performs poor animal husbandry which does not meet DEFRA regulations; - the clutter of buildings and structures are detrimental to the character and appearance of the landscape; - the pigs already cause a smell nuisance; - concerns about the contamination of the nearby watercourses;

Page 16 of 48 - the pigs attract visitors which result in vehicles stopping on the highway thereby causing a hazard to highway safety; - human contact with the pigs may result in the spread of disease. Two letters of support has also been received which makes the following points: - the applicant has put a great deal of money and hard work into the premises to improve the accommodation for the pigs; - the building has been faced with stone and is a big improvement on the temporary housing that was there previously; - separation for the pigs is necessary to safeguard against the spread of infection; - the site is not close to other buildings and would not inconvenience anyone.

HISTORICAL CONTEXT: Planning permission was granted for the erection of a building on this small site in 2005. The building is used in connection with the applicant’s pig rearing business.

DESCRIPTION & PROPOSAL: Planning permission is now sought for the erection of an extension to the existing building. The existing building is located in the south western corner of the site and covers a floor area of 110 square metres. The proposed extension will double the size of the existing building and is to be constructed of rendered blockwork and green profile sheeting to match. The applicant claims that the extension is required for three reasons: (1) it will enable the male and female pigs to be kept separate so that a proper regulation of the breeding programme can be carried out; (2) it will enable the provision of a sick bay area separate from the main female herd group for the isolation and nursing of sick pigs; (3) it will enable a separate quarantine area to be provided to house newly purchased pigs coming in from other units. This is a DEFRA requirement. A letter has been submitted by the applicant’s vet to verify the need for an extension on the basis of sound welfare and veterinary reasons.

POLICY ISSUES: Policy E36 and E37 of the Cumbria and Lake District Joint Structure Plan seek to ensure that development within Landscapes of County Importance does not harm their distinctive character. Policy S23 of the Local Plan states that new agricultural buildings will be permitted where the proposal will have no adverse impact on the visual amenity of the area, the amenity of nearby residential properties and local nature conservation interests.

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 applicant has not operated from this site for any significant period of time. Although no objections are raised to a modest extension to the existing building the submitted scheme would double the size of the current structure. No justification has been put forward which verifies that there is a

Page 17 of 48 need for this scale of building. The submitted scheme also does not reflect the functional reasons put forward for the extension in terms of compartmentation and physical separation. Negotiations are in progress with the applicant and his agent to secure both a reduction in the scale of the building and the provision of defined areas to reflect the needs for separation, isolation and quarantine. The applicant has also been asked to clarify that any additional extension would lead to the removal of the temporary buildings and structures on the site. This would help to improve the appearance of the site. Members will be updated on the progress of these negotiations at the meeting.

RECOMMENDATION: Subject to the receipt of a satisfactory amended plan the application be GRANTED subject to conditions relating to the following: (1) Standard time limit; (2) Amended plan; (3) Satisfactory materials; (4) Satisfactory landscaping; (5) A minimum floor level of 6.97AOD (6) The removal of the existing buildings and structures from the site before the extension is first used.

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6 SL/2007/0067 EGTON WITH NEWLAND: BARN GABLE, MAIN STREET, GREENODD, ULVERSTON PROPOSAL: CONVERSION OF EXISTING HOUSE TO FORM TWO DWELLINGS MR & MRS E HOVING

03/04/2007 5612041 SUMMARY: Sub-division of existing dwelling to form additional dwelling in village centre. Parking issues.

EGTON WITH NEWLAND PARISH COUNCIL: Although the Parish Council have no formal objection, concerns are expressed about the following: (1) Parking –parking is a problem on Main Street and an added dwelling will only exacerbate the problem. (2) Unneighbourly – as there is a shared use of the rear area with next door neighbour it would appear that there may be issues regarding access, privacy etc. (3) Windows – the extra windows to the front, side and rear of the property cause privacy concerns.

CUMBRIA HIGHWAYS: The use of the car parking space associated with the public house nearby cannot be counted as additional parking for this property. This is a village centre location, but Greenodd has an on-street parking problem. Refusal is recommended on highway grounds.

OTHER: Six letters of objection to the proposal have been received from neighbouring residents. Their main concerns are as follows: (1) Lack of off-street parking for properties on Main Street has resulted in parking problems in the village. Existing residents have difficulty in finding space to park as well as customers for the village shops. This often leads to double parking and dangerous parking at junctions. The additional dwelling will increase parking demand and the proposed parking space within the Ship Inn car park would only be short term; (2) The creation of new window openings within the building as part of the conversion would be unneighbourly and would overlook adjacent residential property. The proposed windows in the side elevation could prejudice any further development on the Ship Inn car park; (3) The development is over intensive; (4) Inadequate capacity in the sewerage system.

Page 19 of 48 DESCRIPTION & PROPOSAL: Barn Gable is an attached property located in the centre of Greenodd, directly fronting on to Main Street and adjoining the Ship Inn car park. The application relates to the vertical sub-division of an existing dwelling to form two dwellings. The existing dwelling currently occupies two floors of what was originally a barn. The proposed conversion would utilise the currently unused second floor to create additional living accommodation and a number of new window openings would be inserted to the front, side and rear elevations at this level. The main dwelling would retain the existing integral garage and rear yard and garden area. The new dwelling would have no external amenity space. The applicants have indicated that they intend to lease a parking space from the Ship Inn car park to serve the proposed dwelling.

POLICY ISSUES: Policy H5 of the Local Plan defines settlements considered suitable for growth within the development boundary.

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 site is located within the development boundary of Greenodd and the existing building is fairly substantial and appears capable of subdivision to form two dwellings in principle. The creation of new window openings in the building, particularly at the second floor level, which is currently blank, will have a noticeable visual impact on the appearance of the building. However, it is considered that the overlooking issue would not be significantly greater than exists with the current window arrangement and the existing permitted development rights with the property would allow new openings to be formed without the need for planning permission. The first floor full height living room window on the front elevation is however, considered to be out of keeping and should be amended to a conventional sized opening. The main issue in this case relates to the lack of secure off-street parking to serve the proposed dwelling. It is apparent from both the highways officer and neighbouring residents that there are ongoing problems with the lack of on and off-street parking facilities in the village. The applicant’s agent has advised that details of the agreement relating to the lease of the parking space will be forwarded but this would not be on a permanent basis. Members will be aware that it has been the recent practice to accept linked or no car parking spaces for small residential schemes in town and village centres. This scheme appears to be consistent with that approach and in the circumstances it would be difficult to sustain a refusal despite the objections of the Highway Authority and Parish Council.

RECOMMENDATION: Planning permission be GRANTED subject to conditions relating to the following: (1) Standard time limit; (2) Existing garage to be retained or permanent parking space; (3) Details of parking space to be submitted and agreed in writing; (4) Amendments to window openings on front elevation.

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7 SL/2007/0071 KENDAL: BOUNDARY BANK, UNDERBARROW ROAD, KENDAL PROPOSAL: ERECTION OF TWO LIGHT INDUSTRIAL UNITS AND ONE WAREHOUSE UNIT G E M HOLMES

03/04/2007 3530193 SUMMARY: The use of this 0.5-hectare brownfield site adjacent to the former Kendal Quarry for the form of development proposed is acceptable in principle. There are some reservations over the precise location of one of the units which will be particularly visible from Underbarrow Road but subject to this being resolved and no adverse issues being raised following the Committee site visit, approval is recommended.

KENDAL TOWN COUNCIL: Approve.

CUMBRIA HIGHWAYS: The proposal is acceptable to Cumbria Highways provided that the improvements identified in the Transport Statement are undertaken.

ENVIRONMENT AGENCY: The submitted contaminated land report concludes that further intrusive investigation is required. The Environment Agency concurs with this conclusion and is satisfied that there are generic remedial options available to deal with risks to controlled waters posed by contamination at this site. The means of surface water drainage to be installed will be dependent on whether the site investigation reveals that there are leachable contaminants in the ground. The Agency recommends that conditions be attached, should planning permission be granted, requiring the submission of details of a scheme to deal with contaminants and details of surface water drainage.

KENDAL CIVIC SOCIETY: We are glad to note that the new proposal is for a smaller area of land, avoiding the higher ground at the rear. The use of part of the site as a coach park has also been dropped, and the larger buildings placed further away from the Underbarrow Road. However, we are still concerned that there should be no increase in the volume of heavy traffic on the residential streets of Greenside, Gillinggate, etc, on which there is a 7- ton weight restriction. We consider that any planning permission should include a condition that heavy vehicles must approach the site via the “quarry traffic only” slip road off the by-pass.

Page 21 of 48 ENVIRONMENTAL PROTECTION MANAGER (SLDC): No objections subject to the further investigative ground works being undertaken as outlined in the Contaminated Land Report.

OTHER: A letter of support for the proposal from Tim Farron, MP has been forwarded by the applicants. 35 letters of objection have been received. The major grounds of objection can be summarised as follows: • The development will generate significant volumes of traffic, particularly along Greenside, Gillinggate, Beat Banks and Queens Road. These roads are already congested and additional traffic would be unacceptable; • The traffic generated by the development (employees’ cars, delivery vans and lorries) will use residential roads to the detriment of road safety and to the detriment of the residential enjoyment of the properties fronting on to Greenside, Gillinggate, Beast Banks and Queens Road; • The existing 7.5-tonne weight limit on Greenside is not enforced; • The traffic travelling to and from the site should use the (private) road from Underbarrow Road on to the by-pass rather than using Greenside; • The buildings will be intrusive, unattractive and over-bearing on a prominent roadside site at one of the town’s attractive approaches. One of the buildings will be very close to the road and will present a very high blank wall to the public; • The buildings are of a substantial scale and steel-clad. Views from Underbarrow Road, the golf course and other parts of the Kendal Fell Trust Land will be adversely affected by the height, scale and utilitarian appearance of the buildings; • Greenside is a quiet, residential area, much of which is in the Conservation Area and to establish such a large industrial development in this locality would be inappropriate and unacceptable; • Neighbouring residents will suffer from noise pollution; • If planning permission is granted it will act as a precedent for further industrial development in this locality; • There is no need for another industrial site in the town.

HISTORICAL CONTEXT: A planning application for two industrial units and a warehouse, including premises for Stainton’s Coaches, was submitted in June last year but was withdrawn before being considered by the Planning Committee.

DESCRIPTION & PROPOSAL: Members will recall visiting this vacant site adjacent to Kendal Quarry last month. The site fronts on to Underbarrow Road on the western edge of the town and close to the National Park boundary. It is within the development boundary and is between Boundary Bank Lane and a detached house, Foxdale. The Kendal Fell Waste Transfer Station and a concrete batching plant are located nearby. Three buildings are proposed: two for light industry and one warehouse. Unit 3 is to be built facing Underbarrow Road; Units 1 and 2 are to be erected behind Unit 3 adjacent to the northern boundary of the site. The dimensions of the building are as follows: Unit 1: Floor area 44 metres by 21 metres; 8 metres to the ridge; Unit 2: Floor area 36 metres by 10 metres; 5.5 metres to the ridge; Unit 3: Floor area 36 metres by 8 metres; 6.5 metres to the ridge.

Page 22 of 48 The site area extends to 0.5 hectare. Each building is to be clad externally with olive green coloured cladding and roof sheeting with the lower parts of the walls constructed of roughcast blockwork. Unit 1 has been purpose designed for a warehouse use looking to relocate to the site. The remaining buildings will either be occupied by one business or sub-divided to permit occupation by a number of smaller businesses. Vehicular access and traffic generation is a controversial aspect of this proposal, particularly with the residents of Greenside and Gillinggate. A Transport Statement, submitted with the application, concludes that “The development proposals will not generate a material level of traffic on Underbarrow Road or on the private road … on highway grounds the proposals should be approved.” Cumbria Highways concur with the findings and conclusions of the Transport Statement. The private road referred to links Underbarrow Road with the Kendal By-Pass. It is understood that the applicant enjoys a right of access along this private road although it is further understood that only the HGVs generated by the warehouse (Unit 1) will be allowed to use the private road. All other traffic will use Underbarrow Road which is subject to a 7.5-tonne weight limit. At present 200 vehicles (two-way) use Underbarrow Road in the morning peak hour and some 150 vehicles (two-way) in the evening peak hour. The figures for the private road to the by-pass are 120 vehicles in the morning and 50 in the evening. The Transport Statement estimates that the maximum impact of the development on total traffic levels will be 2.6% on Underbarrow Road, to the east of the site during the evening peak traffic period and 1.9% during the morning period.

POLICY ISSUES: The site is within the development boundary of the town as defined by the Local Plan but is not allocated for any specific form of development. It is a “brownfield” site and the objectives of Policy E4 of the Local Plan are relevant to the proposed development. This policy states that suitable employment-related development in exiting employment areas will be permitted providing that: (a) the development would not cause harm to the character of the area or the amenity of nearby residents because of its scale, appearance or traffic generation; (b) adequate parking and servicing arrangements and appropriate provision for cyclists are provided; and (c) landscaping details, where necessary, form an integral part of the development.

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: Clearly, given the shortage of employment land in Kendal, the proposal to provide a range of modern purpose designed units is particularly welcome. In terms of the details, two issues are raised by this proposal. Firstly, whether unacceptable volumes of traffic will be generated to the detriment of those residents whose properties are on Greenside and Gillinggate in particular. Secondly, whether sufficient care has been taken to ensure that the appearance of the development will not cause significant visual harm to this approach into the town. On the first issue, the advice from Cumbria Highways is that planning permission can be granted. The development will not generate significant additional traffic movements along Underbarrow Road, Greenside or Gillinggate and the use of the private access road to the By Pass for the HGV traffic serving the warehouse unit, will help minimise the impact further. In respect of the second issue, the three buildings are of a substantial scale and a utilitarian nature. They are all to be clad with green-coloured sheeting and will be prominent in view from Underbarrow Road, Boundary Bank Lane and the golf course. There is however considerable screen planting already and further perimeter planting is illustrated on the layout. Advice is being sought over whether the amount of planting and the species to be planted are appropriate and will, over time, prove to be effective in breaking up the

Page 23 of 48 bulk of these shed-like buildings. Of particular concern is Unit 3 which is to be built close to Underbarrow Road with only a narrow strip of land available for planting. With an eaves height of 4.5 metres this building will be particularly obvious by the side of the highway. Further discussions are taking place with the applicant’s agent in this respect. The site visit will have given the Committee the opportunity to view the site and its surroundings and to appreciate the visual impact of the development together with the other concerns expressed by nearby residents. Notwithstanding this, it is recommended that the Committee finds in favour of the principle of the proposed light industrial and warehouse development.

RECOMMENDATION: That subject to the resolution of the outstanding issues concerning the visual impact of the proposals, planning permission be GRANTED subject to conditions relating to the following: (1) Standard time limit; (2) Amended plans (if appropriate); (3) Approval of external materials; (4) Implementation of landscaping scheme; (5) Implementation of access improvements to Underbarrow Road as specified by Cumbria Highways; (6) Controls over surface water discharge on to highway; (7) Management measures to be put in place to control route of HGVs via private access road to the By-Pass; (8) Measures to be implemented to deal with land contamination as identified by the site investigation; (9) Details of a scheme for surface water regulation in accordance with the requirements of the Environment Agency to be agreed; (10) As requested by Consultees.

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8 SL/2007/0105 KIRKBY LONSDALE: GARDEN COTTAGE, MAIN STREET, KIRKBY LONSDALE, PROPOSAL: DWELLING DR & MRS W MATTHEWS

03/04/2007 7500211 SUMMARY: In principle, a dwelling on this site represents an appropriate form of development and the novel approach adopted by the architect is to be encouraged. There are, however, reservations over the impact of the development on the neighbouring property to the north, Town End Cottage.

KIRKBY LONSDALE PARISH COUNCIL: Approve.

CUMBRIA HIGHWAYS: No fundamental objections.

KIRKBY LONSDALE CIVIC SOCIETY: Although the proposed building is rather large for the plot, we have no objection to the application in principle. However, we wish to object to aspects of the proposed dwelling’s design. The building would be located with the Conservation Area and at one of the main entrances to the town. It is important therefore that its appearance, through the quality of its design and materials, contributes in a sensitive way to the architectural context and general character of the area’s streetscape at that point. There is no reason why a modern house cannot achieve this, but in our opinion the present application fails to do so for a number of reasons: • The overall 1970s appearance of the dwelling’s façade just behind a high, mature stone wall, yet looming over it, is foreign to its context; • The long shallow and straight roof without any redeeming features conflicts with, and contributes nothing to, the appearance of those of the existing houses nearer the town. The conspicuous metal flue for the wood-burning stove is out of keeping; • The gable ends, both prominently visible from Main Street, unlike others in the street are bland; • The unimaginative and harsh lines of the fenestration (particularly the two sets of large patio doors facing the roadside) are out of character, and the selection of powder coated metal is inappropriate; • In the use of render instead of stonework, the proposed house jars with its context and detracts from the street’s present character;

Page 25 of 48 • The long balcony directly overlooking the road, a feature not used anywhere else in the Conservation Area nearby, just adds to the visual clash. A protective railing is not shown but would presumably be necessary around the balcony, and this can only provide further clutter at the front of the building; • Whilst not visible from the road, the design of the rear elevation seems particularly weak. In summary, therefore, we think the proposal is of poor design, lacks sufficient sensitivity to its architectural context and will detract from the character of the Conservation Area and therefore should be refused.

CONSERVATION OFFICER (SLDC): The positive aspects of the proposal can be summarised as follows: • The retention of the tall masonry wall to the front, east side of the property. This feature is a significant structure within the streetscape and its retention will help preserve the special interest of the Conservation Area; • The setting back of the taller part of the structure from the wall plane of the front wall helps to partly mitigate the impact of the physical massing of the structure; • The design of the single storey structure and integral conservatory, which abuts the neighbouring wall to the north, is well conceived; • The thermal performance of the building is well considered; • The incorporation of car parking and access within the site is cleverly conceived; and • The arrangement of buildings about the site manages to create a sense of intimacy and human scale while maintaining the present feeling of enclosure. The adverse impacts are as follows: • Despite the pushing back of the upper wall line some 1.7 metres from the front wall the perceived bulkiness of the building will still be a factor in views into the site from the street; • The pushing back of the building away from the street has the effect of making the rear elevation more dominant in views from the rear of the neighbouring property to the north. In addition, the single-storey projection will be visible from the neighbouring house.

OTHER: One letter of objection has been received, written on behalf of the owner of the neighbouring property, Town End Cottage. The objections to the proposed dwelling can be summarised as follows: • The proposed dwelling represents a poor design within the Conservation Area. The contemporary design is acceptable in isolation but it is not acceptable on this particular site. The design is in direct conflict with the buildings which surround the site; • The proposed dwelling represents a lack of respect for the character and appearance of the area; • The internal room layout and the design of the rear elevation create a serious loss of privacy for Town End Cottage. The window in the rear elevation at first floor level nearest to the shared boundary is serving a proposed Sitting Room. This window is relatively large and due to the siting of the rear elevation behind the rear elevation of Town End Cottage a situation is created where there can be overlooking into the conservatory and rear garden from the proposed Sitting Room. This is an unacceptable situation, exacerbated by the fact that the prospective occupiers of the proposed dwelling will be spending a substantial amount of time in that particular room; • The erection of a two-storey dwelling where there is currently open space allowing views from Town End Cottage across the site is going to have a great impact on the levels of amenity enjoyed from that property. It is filling a space that is currently completely open. This open space also serves a valuable purpose when entering the Conservation Area on Main Street as this space is reflected on the opposite side of the road to the site by the fact that the buildings are set back from the public highway. This character changes as one travels north up Main Street and the buildings are located hard against the

Page 26 of 48 back of the public footpath, making the buildings more dominant in the streetscene. This is the character of the area which should be protected. Policy C16 of the Local Plan seeks to protect such areas of open space valuable to the character and appearance of the Conservation Area. • The loss of a hedgerow which is of valuable importance to the area: • The detrimental impact of the proposed rear wall on residential amenity; • Over-development of the site.

HISTORICAL CONTEXT: Consideration of this application was deferred at last month’s meeting to allow Members the opportunity to visit the site.

DESCRIPTION & PROPOSAL: The application site is located on the western side of Main Street not far from the junction with the A65 and within the Kirkby Lonsdale Conservation Area. It is situated between two dwellings: Town End Cottage to the north and Green Close to the south. The site is used as an orchard and garden ground but not by either of the two adjoining properties. A 3-metre high stonewall behind the Main Street pavement effectively conceals the site from public view. The proposed dwelling contains two bedrooms and is L-shaped in plan. It is two-storey in height, facing Main Street, with a single-storey, 10-metre long rear projection which is to be built on the boundary shared with Town End Cottage. The front elevation is to be set back, at first floor level, from the boundary wall facing Main Street to permit the construction of a 1.7 metre wide terrace. The roof is to be covered with slate and the walls are to be completed with a rendered finish, apart from the single-storey wall facing the garden of Town End Cottage which is to be faced with stone. When viewed from Main Street only the first floor will be visible. The front elevation follows a straightforward design featuring glazed doors from the terrace into the sitting room and horizontally aligned window openings. The upper part of the south-facing gable is to be glazed and glazing features prominently in the garden elevation of the rear, single-storey projection. The window pattern in the rear elevation of the house has been altered since the application was first submitted and, in architectural terms, represents an improvement. Members’ attention is, however, drawn to the large window opening in the first floor of the rear elevation which has the potential for overlooking from the sitting room into the garden of Town End Cottage. Vehicle access is from Main Street through the existing 2.5 metre wide opening in the boundary wall. Space for a vehicle to turn is to be provided within the curtilage.

POLICY ISSUES: The site is within the development boundary of Kirkby Lonsdale and is within the Conservation Area. Under Structure Plan Policy ST11, the permission, if granted, will be subject to an Agreement to secure local occupancy. Local Plan Policy C16 and Structure Plan Policy E38 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. Policy S2 of the Local Plan sets out the South Lakeland Design Code and requires development proposals to take proper account of its principles. The protection of residential amenity is a recognised material consideration in deciding whether planning permission should be granted.

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

Page 27 of 48 ASSESSMENT: The principle of permitting a dwelling on this site close to the town centre is acceptable. It is an exaggeration to argue that the site constitutes an important open space which should be protected from development. The site is bounded on two sides by high stone walls and, as a consequence, is not readily visible to the public. The walls are to be retained as part of the development proposals. The proposal seeks to introduce a novel, contemporary design into the streetscape of Kirkby Lonsdale while responding, in a reasonably sensitive manner, to its particular context. Since the application was first submitted, changes have been made to the elevational treatment. Changes to the pattern of fenestration have improved the archtiectural coherence of the building and Members are advised that the proposal would be an appropriate addition to this part of the Kirkby Lonsdale Conservation Area. One of the purposes of the site visit will have been to view the site from the garden of Town End Cottage, the property to the immediate north of the application site. The single-storey rear projection is to be built on the shared boundary and the suggestion that it be moved away from the boundary did not find favour with the architect. It is not, however, uncommon to find single-storey buildings on garden boundaries in built-up areas. Although the rear wall will extend some 10 metres along the shared boundary at a height of 2.5 metres it will not exert a significantly harmful effect on Town End Cottage in terms of over-shadowing or creating an oppressive atmosphere. It would, however, be more sensitive if the building was re-sited away from the shared boundary. Members’ attention at the site visit was drawn to the first floor living room window in the rear elevation of the proposed house. From this window, occupants of the property would be able to observe, from a height, the conservatory and rear garden of Town End Cottage. This degree of overlooking, even though unintended, is seen as intolerable by the neighbouring householder. The question of overlooking from this window opening has been raised with the architect. The effect of the development on the living conditions currently being enjoyed by the occupier of Town End Cottage is the major issue to be resolved in the determination of this application.

RECOMMENDATION: The Strategic Director (Customer Services) will report on the issues raised at the site visit.

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9 SL/2007/0184 LOWER HOLKER: LAND ON WINDER LANE, FLOOKBURGH, GRANGE-OVER-SANDS PROPOSAL: ERECTION OF EIGHTEEN DWELLINGS MOORSOLVE SAPF

03/04/2007 7900053 SUMMARY: The site is appropriate for affordable housing subject to drainage being resolved.

LOWER HOLKER PARISH COUNCIL: The Parish Council do not object to the application provided the following conditions are met: • The number of houses is restricted to 10. The 18 houses proposed would be high density building in a village and was therefore not in keeping with the other building in the locality. • No permission is granted until suitable work is carried out to ensure that the land is drained correctly so as to prevent flooding on this and adjoining land. The site is believed to be historically a serious flood risk with poor drainage. • The houses should be restricted to local people as affordable housing. • A play area for small children should be provided within the development.

CUMBRIA HIGHWAYS: The footway must be constructed to an adoptable standard including a system of surface water drainage and road lighting scheme. The plans include works within the highway which are not opposed but more detailed plans are required to demonstrate that there is sufficient width to provide this feature without detriment to the highway work within the highway. The footways fronting Winder Lane must be 2 metres wide; a 1.8 metre wide footway to an adoptable standard must be provided from Winder Lane to serve properties 8 to 13. The access drives will not be suitable for adoption. On-site turning for a car must be provided and maintained for both driveways. Visibility spays of 2.4 metres must be provided and protected along the site frontage.

ENVIRONMENT AGENCY: To be reported.

NATURAL ENGLAND: To be reported.

Page 29 of 48 COUNTY ARCHAEOLOGIST: The site lies within an area of archaeological potential in the medieval settlement of Flookburgh. The Cumbria Extensive Urban Survey designates this area as of high importance. It is therefore considered likely that important archaeological remains survive in the site, which would be damaged or destroyed by the development. Consequently, the site should be subject to a programme of archaeological investigation, commissioned and financed by the developer.

UNITED UTILITIES: Ravenstown Wastewater Treatment Works is currently running at capacity. Improvements works are taking place and United Utilities would not wish for development to commence until after October 2007 which is the expected completion date for the improvements. Only the foul drainage may be connected into the sewer. Surface water must be discharged by alternative means. A public sewer crosses the site, an access strip 3 metres each side of the sewer must be provided.

DISTRICT COUNCILLOR: No objection to the development as it is time something was done with this derelict site. However, there is concern with regard to the extra load which will be placed on the already overloaded drainage system. This area of Flookburgh is flooded half a dozen times a year during heavy rain. An adjacent property has water proof barriers fitted. Upgrading of the mains sewage system is needed but as this flooding is localised this is unlikely to be carried out. Additional properties on this catchment area will add to the already difficult situation, as the site has acted as a flood plain or flood relief.

STRATEGIC HOUSING (SLDC): There is a need for affordable housing in Flookburgh. A mix of 18 units social rented and low cost home ownership of the types shown on the plan is needed. A mix of shared ownership (10) and social rented (8) in partnership with Two Castles Housing Association would be appropriate. However the applicant and Two Castles Housing Association have not confirmed this mix.

ENVIRONMENTAL PROTECTION MANAGER (SLDC): There is broken asbestos sheeting and an old boiler on the site. A condition requiring a scheme to deal with contamination be submitted to and approved in writing prior to development commencing. The approved scheme should be implemented and a validation statement submitted prior to development of the houses. Localised flooding occurs on the site due to surface water issues and apparent issues with the Public Sewer Network. Further detail, comprising of an acceptable drainage scheme to ensure that the area is suitable for development, is therefore required prior to a decision on the application being made.

OTHER: 5 letters of objection have been received from residents in the area around the site. Reasons for objection include: • Highway safety - Winder Lane and Main Street are already congested with traffic, particularly at the beginning and end of the school day. Both roads are heavily used by traffic to and from Ravenstown and various farms in the vicinity which have large vehicles. Existing traffic possess a hazard to pedestrians, particularly children coming to and from school. Additional traffic will exacerbate this. • Lack of parking - The provision of 1.5 spaces per unit is inadequate for the residents and visitors. This will result in further vehicles parking on the highways worsening congestion.

Page 30 of 48 • Drainage – the site currently floods in heavy rain. The water table is high so water stored in tanks will not be able to drain away. • Over development of the site which is not appropriate to the village.. • Increased noise and overlooking to adjacent properties. • Infrastructure in Flookburgh is inadequate to accommodate further development and the school cannot accommodate additional children. • The asbestos on the site poses a hazard and should be cleared by a licensed contractor. 3 further letters have been received which do not raise objections to the development. However, the letters raise various concerns including the safety of the accesses and pedestrians, particularly children given the proximity of the school. Adequacy of drainage and play space within the development and the height of trees on the site were also referred to.

HISTORICAL CONTEXT: An outline application for residential development was refused planning permission in 1989. An application was submitted for affordable housing in 1997 (Reference 5/97/0113). The application was withdrawn for further drainage details to be supplied.

DESCRIPTION & PROPOSAL: It is proposed to erect 18 dwellings in 3 terraced rows on the site. There would be 8 x 3-bed units and 10 x 2-bed units. The rows face onto Winder Lane. The northern and southern rows would have garden areas to the front. The centre row would be set back 18 metres from Winder Lane with a landscaped area to the front. The units would have gardens, 27 car parking spaces and turning space at rear. The parking areas would be accessed via two estate roads off Winder Lane. The site is an unused nursery, located to the west of Winder Lane, Flookburgh. Along the roadside and the southern boundary of the site there is currently an over grown mainly hawthorn hedge. The vegetation within the site has been partially cleared. A drain runs diagonally across the site. The site is bounded by residential properties to the north and garden areas to the west. Across Winder Lane there are a number of residential properties, Lakeland Miniature Village and the primary school. The south of the site is bounded by a field.

POLICY ISSUES: Policies ST1, ST3 and ST5 of the Cumbria and Lake District Joint Structure Plan seeks to ensure that development is sustainably located. Policy H19 of the Structure Plan states that affordable housing to meet proven local need will be provided through the development of affordable housing in rural sites considered an exception to normal planning policy. Policy H5 of the South Lakeland Local Plan designates Flookburgh as a settlement suitable for growth. The site is outside the development boundary for Flookburgh, which runs along the north of the site and along the opposite side of Winder Lane. Policy H6 of the Local Plan states that outside settlements for growth listed development will not be permitted. Exceptions to this policy will only be considered where the proposal is essential to meet an identified local housing need. Policy H7 of the Local Plan states that exceptionally, residential development may be permitted on suitable sites, which would not otherwise be released for housing to meet a local need for affordable housing. The following criteria should be met: • It can be demonstrated that the development will meet a particular and proven local need within the parish or adjacent parishes;

Page 31 of 48 • The need cannot be provided for in any other way; • The site is within or adjoining existing development and the proposal is sympathetic to its scale, form and character; • The landowner enters into a planning obligation with the Council to ensure that the housing remains affordable and for local occupancy in perpetuity. Ideally affordable housing should be managed by a housing association or charitable trust.

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 site is outside the development boundary designated for Flookburgh although close to the village centre. Development for open market housing would therefore be contrary to planning policy. The Core Strategy has identified Flookburgh as a potential Local Service Centre where development to meet local needs would be appropriate. The Housing Needs and Market Assessment identifies a need for 2 and 3 bedroom dwellings in the Cartmel Peninsular. Further information with regard to the proposal’s ability to meet the identified need will be reported at the Planning Committee. The information accompanying the application states that the units would provide affordable housing for Two Castles Housing Association. Confirmation from Two Castles Housing Association that they are willing to enter into the necessary legal agreement has been requested in order that the Council is able to draft a suitable legal agreement. The layout and design of the proposed dwellings is in keeping with the character of the village. The density is approximately 41 dwellings per hectare. While the development immediately around the site is at a lower density, the density proposed is similar to that along the frontages of Main Street and newer development at Moorside. Additional information has been submitted with regard to the proposed Aqua Cell drainage system and the suitability of the ground conditions for drainage. The advice of the response of the Environment Agency and the Councils Drainage Engineers will be reported at the Committee. The access arrangements and car parking provision are adequate for this village location. The layout takes account of the public sewer crossing the site. Following comments by neighbouring occupiers surveys with regard to protected species have been submitted. The response of Natural England will be reported.

RECOMMENDATION: Subject to the signing of a Section 106 Agreement to ensure that the dwellings remain affordable in perpetuity and satisfactory conclusions with regard to drainage and protected species the application be GRANTED subject to conditions relating to the following: (1) Standard time limit; (2) Contaminated land survey and mitigation measures to be undertaken; (3) Drainage system to be implemented; (4) Archaeological survey to be undertaken; (5) Access, footpath, work within the highway and parking/turning arrangements to be implemented and maintained; (6) Visibility splays to be implemented and maintained; (7) Materials to be agreed;

Page 32 of 48 (8) Landscaping to be agreed and implemented; (9) Boundary treatment to be agreed and implemented. (10) Removal of Permitted Development Rights.

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Page 34 of 48 SCHEDULE B

DAD Seeking Authority to Determine

10 SL/2007/0092 ALDINGHAM: BAYCLIFF FARM, MAIN STREET, BAYCLIFF, ULVERSTON PROPOSAL: REDEVELOPMENT OF FARM TO PROVIDE 15 DWELLINGS WITH ASSOCIATED ACCESS & LANDSCAPING MR B DAWSON & MRS J HANDLEY

03/04/2007 7800009 SUMMARY: The principle of redeveloping this farm within the village centre for residential use is considered to be acceptable subject to the resolution of the outstanding issues.

ALDINGHAM PARISH COUNCIL: No objection in principle but raises the following comments: (1) the proposed western exit road from the site leads on to Main Street which is narrow, has no pavements and is used by children who play on the road. Traffic here would exit on to a blind corner. The Council would prefer to see one exit only into the site. (2) if the western exit is allowed to remain provision should be made to prevent traffic from driving straight across the road on to the track opposite from which it will join the A5087 Coast Road on a blind bend; (3) there is concern about the additional volume of traffic on Main Street and the need to keep cars driving along here to a minimum; (4) an area should be set aside on the site for the storing of equipment, unloading of lorries etc so that the roads in Baycliff do not get blocked. Dust suppression should be enforced when crushing concrete; (5) the Council welcome the 5 affordable houses and would like to see them retained in the final scheme and built at an early stage; (6) the Council would prefer the retaining wall above Baystones Close to be retained; (7) landscaping should be incorporated into the final scheme.

CUMBRIA HIGHWAYS: The Highway Authority is strongly opposed to the plan as submitted as the road serving the proposed development is inadequate to accommodate the likely increase in traffic that will result from the development. The proposed accesses out of the site have inadequate visibility and therefore their use would be detrimental to highway safety.

Page 35 of 48 CUMBRIA COUNTY COUNCIL (Transport & Spatial Planning): The County Council do not wish to comment from a strategic planning perspective.

ENVIRONMENT AGENCY: The conclusions of the submitted contamination report are accurate. The potential contamination risk to controlled waters from the site is low. A condition should be attached to any consent to cover contamination.

NATURAL ENGLAND: No objections.

COUNTY ARCHAEOLOGIST: The site lies within an area of archaeological potential. The barn that is to be converted should be recorded prior to work commencing. An archaeological evaluation and, where necessary, an appropriate mitigation scheme should be undertaken in advance of any development. This can be covered by an appropriately worded condition.

ENVIRONMENTAL PROTECTION MANAGER (SLDC): As this is an agricultural site there is potential for contamination. Conditions should be attached to any outline consent to deal with any on-site contamination.

PRINCIPAL HOUSING STRATEGY OFFICER (SLDC): I consider the 5 x 2-bed houses to be an appropriate affordable housing contribution in this case. This will contribute towards meeting the housing needs of the rural Furness housing sub-market area. The 2006 Housing Needs and Market Assessment identified a need for 21 affordable units per year for the next 5 years in this area of which the main need was for 2-bed houses.

WARD MEMBER: In principle a housing development on this site is acceptable. I endorse the comments made by the Parish Council. I would ask that the evolving IPATH Policy is closely implemented with regards to this application as it will be one of only a few in Low Furness that give the opportunity to ensure the maximum number of affordable houses, and the implementation of local occupancy restrictions is priority.

OTHER: Nine letters of objection or comment have been received which raise the following concerns: - over-development of the site; - out of character with the village – bungalows would be more appropriate; - overbearing and dominant to adjacent residential properties; - loss of privacy; - prominence within village; - question the need for more houses within the village; - inadequate access; - the roads within the village are substandard and incapable of safely accommodating the additional traffic that this development will generate;

Page 36 of 48 - insufficient car parking is proposed; - the existing infrastructure within the village is inadequate to cope with 15 extra houses; - rodent control is essential during demolition; - concern that the applicant will continue to farm from the buildings on Sunbrick Lane which will lead to more agricultural traffic on this narrow highway. Two letters of support have also been received which welcome the removal of the farm from the village.

DESCRIPTION & PROPOSAL: Baycliff Farm lies within the centre of the village and has been operational for a considerable period of time. It comprises one stone barn and a number of modern agricultural buildings which are used for dairy and general storage. Planning permission is sought for the removal of all the existing buildings, with the exception of the stone barn, and the redevelopment of the site to provide 15 houses. The houses range in size from two bedrooms to five bedrooms. It is proposed that five of the two-bedroomed houses are sold at an affordable price to local people. Although the application is only in outline form, a detailed layout plan has been submitted. This shows the 15 units located around a central service road. The affordable units are to be arranged in a terrace fronting on to the Main Street. The road is to be accessed via the two existing entrances into the site which are to be retained and modified. A cross section has also been provided to show the slope across the site. The scale of the houses has been marked on this drawing by simple box shapes to illustrate the anticipated massing and height of the houses in relation to the surrounding properties. Due to the agricultural use of the site a contamination land survey has been submitted as part of the application. A bat survey has also been provided relating to the stone barn which is to be retained and converted.

POLICY ISSUES: Planning Policy Statement 3 defines agricultural land as greenfield. Government guidance encourages the use of brownfield land in preference to greenfield sites, with development to be focussed on sustainable settlements. Baycliff is listed under Policy H5 of the Local Plan as a settlement suitable for additional residential development. The IPATH document follows the advice set out in the Structure Plan with regards to affordable housing. It states that in the Furness part of the district, the Local Planning Authority will negotiate for an element of affordable housing having regard to the housing need in the area on sites which exceed ten dwellings.

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: Although the site falls outside the definition of brownfield land, it is clearly previously developed land and falls within the development boundary of the village. Baycliff is listed under Policy H5 as being a settlement deemed suitable for new residential development. The farm is located within the centre of the village and is flanked by other residential properties. This is an uneasy relationship which has historically resulted in complaints regarding noise, smells, debris and agricultural vehicular movements.

Page 37 of 48 This proposal would result in the applicant vacating the farm. Overall the removal of this use from the centre of the village will be beneficial to the amenity of the locality. The proposed development also provides an opportunity to secure some affordable housing within the village which would otherwise not be possible. On this basis the principle of the development is considered to be acceptable. Although the scale and layout are generally satisfactory discussions are currently in progress with the applicant’s agent regarding the access arrangements to reflect the concerns raised by the Highways Officer and also the siting of the houses on the eastern and southern boundaries of the site in an attempt to reduce the impact on the adjoining residential properties in terms of overlooking and over-dominance. Members will be updated on the progress of these negotiation at the meeting. Members visit to the site will have aided their assessment of this application.

RECOMMENDATION: Subject to the resolution of both the access arrangements, and the satisfactory siting of the dwellings, and the signing of a Section 106 Agreement to secure the affordable housing this application be GRANTED subject to conditions relating to the following: (1) Standard Outline Conditions 1 & 2; (2) Materials; (3) Landscaping; (4) Access arrangements; (5) Archaeological recording and evaluation; (6) Contaminated land; (7) Removal of Permitted Development Rights; (8) Drainage details; (9) Agreement to a storage and loading/unloading area.

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11 SL/2007/0217 HELSINGTON: HIGH HOUSE FARM, HELSINGTON, KENDAL PROPOSAL: ERECTION OF TWO AGRICULTURAL BUILDINGS, EXTENSION OF HARDSTANDING AREA AND PROVISION FOR NEW VEHICULAR ACCESS J S & K M WILSON & SON

03/04/2007 3400012 SUMMARY: The proposed new buildings, hardstanding and access are required to meet a functional need on an existing farm holding.

HELSINGTON PARISH COUNCIL: Comments to be received by 26 March 2007.

CUMBRIA HIGHWAYS: The passing place within the public highway must be constructed prior to the commencement of the hardstanding construction. Adequate visibility splays must be provided at the new entrance. The rebuilt wall must not encroach into the visibility splay (2.4 x 90 metres).

RIGHTS OF WAY OFFICER (CUMBRIA COUNTY COUNCIL): To be reported.

HISTORICAL CONTEXT: High House Farm has been extended on a number of occasions since 1983. The current farm holding comprises 1100 acres (458 hectares) which is served by a number of agricultural buildings which adjoin the farmhouse.

DESCRIPTION & PROPOSAL: Planning permission is now sought for the erection of two detached agricultural buildings, an extension of the hardstanding around the building complex and the creation of a new access track to serve the farm. The proposed agricultural buildings are to be sited adjacent to the existing farm complex and are to be constructed of materials to match the other buildings on the holding. The smaller building will cover a floor area of 600 square metres. The larger building will cover a floor area of 1350 square metres. The proposed additional hardstanding will extend in a northerly and easterly direction and will involve the importation of approximately 70, 000m³ of inert materials to infill the area. The hardstanding has been designed to create a graded profile at its edge to ensure that it will be sympathetic to the existing topography surrounding the farm complex.

Page 39 of 48 It is proposed to plant native broadleaf woodland around the extended hardstanding to provide additional screening. A number of photographs have been provided to illustrate the existing farm from existing viewpoints within the locality. The existing farm is served by a narrow access lane which flanks a small cottage. This restricted access has proved to be difficult to negotiate by the larger farm vehicles in the recent past. A new access is to be created to the north west of the farm. This will provide a better standard of access and also reduce traffic movements adjacent to the existing cottage. The proposal also includes the creation of a passing place on Whetstone Lane which joins on to Brigsteer Road to the north. The applicant’s agent has submitted a statement in support of the application. The existing farmstead has evolved over the years and the smaller stone buildings have been gradually replaced by larger prefabricated buildings. The existing building and hardstanding are now no longer adequate to serve the needs of the farm. There is a need to provide additional space to house animals during the winter and spring for reasons of good husbandry and extra storage space for functional reasons.

POLICY ISSUES: Policy E36 and E37 of the adopted Cumbria and Lake District Joint Structure Plan seek to ensure that development within Landscapes of County Importance does not harm the distinctive character of the rural landscape. Policy S23 of the Local Plan states that new agricultural buildings will be acceptable where the proposal will have no adverse impact on the visual amenity of the area, the amenity of nearby residential properties or local nature conservation interests.

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 proposal is required to meet a functional need at an existing farm holding. Although the buildings proposed are large in scale they are of an appropriate design and have been sited adjacent to the existing building complex. This will reduce their visual impact. The addition of a belt of nature planting will also help to assimilate the development within the rural landscape. The extension to the hardstanding has been carefully designed so that a natural profile can be achieved at its edge. The proposed new access has been discussed at length with the Highways Officer who is supportive of this aspect of the proposal. He considers that it will provide a better standard of access and also allow the creation of a passing place on Whetstone Lane which will benefit highway safety on this narrow road. The Rights of Way Officer at Cumbria County Council has been consulted to ensure that the two existing footpaths which cross the site will be adequately protected. His response will be reported at the meeting.

RECOMMENDATION: Subject to a favourable response from the Rights of Way Officer the application be GRANTED subject to conditions relating to the following: (1) Standard time limit; (2) Approval of all materials; (3) Details of the finished floor level of the buildings related to a fixed datum point; (4) The implementation of a suitable landscaping scheme;

Page 40 of 48 (5) The passing place must be created within the public highway before the commencement of any work on the site; (6) The new access into the farm shall be created before any works commence on the extension to the hardstanding; (7) Adequate visibility splays at the new entrance; (8) Surfacing materials for the new access lane; (9) The access gates shall be recessed a minimum of 4.5 metres from the edge of the carriageway; (10) The provision of an adequate highway water drainage system; (11) The first 5 metres of the access drive shall be no steeper than 1 in 10; (12) The agreement of any temporary diversion measures on the two footpaths which run through the site. - - - o000o - - -

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Page 42 of 48 SCHEDULE C

Listed Building Applications

12 SL/2007/0316 (Listed Building Consent)

SL/2007/0317 (Advertisement Consent) KENDAL: ROUTE 66 AT THE GEORGE & DRAGON, BRANTHWAITE BROW, KENDAL PROPOSAL: ILLUMINATED SIGNS ENTERPRISE INNS

03/04/2007 3560233 SUMMARY: Proposed signage to grade II listed bar and restaurant within Conservation Area. Design concerns. Amendments requested.

KENDAL TOWN COUNCIL: No comments received. The consultation period for comments expired on 16 March 2007.

DESCRIPTION & PROPOSAL: The proposal involves the installation of a number of signs relating to a new bar and restaurant within the former Nexus Bar premises attached to the George and Dragon on Branthwaite Brow. On the main frontage a projecting internally illuminated sign measuring 700mm by 705mm is proposed at first floor level above the entrance archway, and a fascia mounted sign measuring 800mm by 806mm, externally illuminated by two spotlights is also proposed to be sited on the archway head. Two menu type signs would be fixed to either side of the walls archway, which would be illuminated with blue wash floodlights. Two further signs are to be fixed above the entrance to the premises within the internal yard area.

POLICY ISSUES: The site is a grade II listed building located within the Kendal Conservation Area. Policy C15 of the Local Plan has regard to preserving a Listed Building, its setting or any features of special architectural or historic merit. Policy C16 of the Local Plan reflects the statutory duty of the Local Planning Authority to have special regard to the desirability of preserving or enhancing the character of a Conservation Area. Policy S20 relates to the control over Advertisements and states that new advertisements and signs will be strictly controlled to ensure their compatibility with their surroundings and to minimise clutter. The District Council operates particularly strict control in Conservation Areas in respect of internally illuminated signs.

Page 43 of 48 ASSESSMENT: With the exception of the internally illuminated projecting sign the proposed signage is considered to be generally acceptable. There is concern however that the projecting sign by reason of its design and method of illumination would be out of keeping with this sensitive historic setting and would harm the character and appearance of this listed building and this part of the Conservation Area. The applicant has been asked to modify this sign to a single skin, externally illuminated sign. Additionally the fascia sign attached to the front of the building could be positioned so that it is less intrusive on the architectural feature of the archway. As the application stands it cannot be recommended for approval and negotiations to modify the signage are in progress.

RECOMMENDATION: The Strategic Director (Customer Services) to report on the outcome of negotiations.

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SCHEDULE F

Straightforward Planning Applications

13 SL/2007/0073 KENDAL: KENDAL SKI CLUB, THORNY HILLS, KENDAL PROPOSAL: EXTENSION TO THE CLUB LODGE KENDAL SKI CLUB

03/04/2007 3560293 SUMMARY: The extension proposed is of a scale and design acceptable in this location, and the high level window should not result in an infringement of privacy.

KENDAL TOWN COUNCIL: Grant.

OTHER: Two neighbours on Kirkbie Green have expressed concern about the window in the western elevation of the extension: • because of the raised position of the Ski Club in relation to the dwellings, the window facing the rear of the dwellings will result in a loss of privacy to bedrooms and gardens; • it will diminish the quality of life enjoyed by the residents; • the window could be sited on the northern or eastern elevation of the extension which would not affect any of the residents.

DESCRIPTION & PROPOSAL: The proposal involves the extension of the existing club building by 3 metres in length to the north. It will have a depth of 4 metres. It is sited on a bank adjacent to the club lodge and will tie in with the first floor of the lodge building. The floor level of the extension is therefore 2.6 metres above the ground level of the adjacent car park and properties on Kirkbie Green. The extension will be used in conjunction with the adjoining equipment store to form an office and committee room. It will be constructed with materials that match those of the existing club lodge, vertical timber boarding and artificial slate, and have a pitched roof. There is a high level window in the western elevation (facing the rear of the houses), with the glazing 1.6 metres above the floor level. The Ski Club do not wish to locate the window on the northern or western elevations of the extension where it would be more vulnerable to break-ins. The premises have suffered from some vandalism, and the club would like to be able to see out of the window on occasion if necessary to observe anyone in this part of the car park. Frequently there will only be one person on the property and this is a security issue. The club also comments that the distance between the windows of the

Page 45 of 48 office/committee room and the dwellings is more than acceptable, and the west facing aspect will assist in compliance with Part L of the Building Regulations which relates to thermal requirements.

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

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

ASSESSMENT: The main issue to consider is the position of the window and its impact on the properties on Kirkbie Green. Although the extension is positioned at a higher level than the dwellings, it is sited 20 metres from the rear elevations of the dwellings, and 10 metres from their rear gardens. The application has been amended so that the window cill has been raised so that the glazing is 1.6 metres above the floor level. This high level window prevents casual overlooking from the room. On balance the proposal is acceptable and does not detract from the amenities of the neighbours to such a significant effect which would warrant refusal of this application.

RECOMMENDATION: GRANT subject to:- Condition (1) The development hereby permitted shall be commenced before the expiration of THREE YEARS from the date hereof. Reason (1) To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004. Condition (2) This permission relates to amended drawing number A3/441/05A deposited with the Local Planning Authority on 21 February 2007. Reason (2) For the avoidance of doubt and to protect the privacy of adjoining neighbours. Condition (3) The glazing in the high level window shall be a minimum of 1.6 metres in height measured from the internal floor level of the extension. Condition (4) For the avoidance of doubt and to protect the privacy of adjoining residents.

REASON FOR GRANTING PLANNING PERMISSION: The extension is consistent with the aims and objectives of Policy S2 of the South Lakeland Local Plan.

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14 SL/2007/0175 WHITWELL AND SELSIDE: OS FIELD 7738, EAST OF BOUTHWAITE FARM, SELSIDE, PROPOSAL: GENERAL AGRICULTURAL BUILDING EMMA BLENKHARN

03/04/2007 1312015 SUMMARY: The scale of building in this location is a matter of concern.

WHITWELL & SELSIDE PARISH COUNCIL: Comments to be received by 21 March 2007.

CUMBRIA HIGHWAYS: To be reported.

OTHER: Four letters of objection have been received. They query the agricultural need for the building suggesting that it is intended for horses. The proposed external materials of coated sheeting, timber and render are considered inappropriate in an area of stone and slate buildings. There are also strong concerns that in association with other developments for caravan sites the development would seriously erode the rural character.

DESCRIPTION & PROPOSAL: The applicant has acquired 12.5 acres of land at this site and proposes a 18 x 9 metre building to accommodate hay, sheep, feed stuffs etc. It would be 3.5 metres to the eaves with approximately another metre to the ridge. Juniper green coated metal sheets are proposed for the roof with walls finished in render and tanalised timber. The siting is said to have been chosen to avoid low lying land near a watercourse and avoid impinging on the route of any adjoining public right of way while benefiting from the screening of higher land and being as far as possible from adjoining dwellings.

POLICY ISSUES: The site is within an Area of County Landscape Importance. Policy E36 of the Structure Plan states that: “Development and land use change detrimental to the distinctive character of landscapes designated as of County Importance will not be permitted, except where required to meet local infrastructure needs, which cannot be located elsewhere and which is sited to minimise environmental impacts and meets high standards of design.”

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Policy S23 of the Local Plan state that new agricultural buildings will only be accepted where there is no significant impact on the amenity of the area, the amenity of nearby dwellings and local conservation interests.

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: In recent times the Local Planning Authority has been concerned where the sale of farmland in separate lots has given rise to proposals for significant new agricultural buildings. There has been concern about the potential individual and cumulative erosion of character from such buildings. The scale of building proposed by this application, is of a large size for the scale of land holding. A smaller scale of building has been suggested but at the submitted scale the proposal is considered unacceptable.

RECOMMENDATION: REFUSE for the reason below:- Reason (1) The building by reason of its size and design in this location would be detrimental to the attractive character of this countryside which is designated as being of County Landscape Importance. It would thus be contrary to Policy E36 of the Cumbria & Lake District Joint Structure Plan and Policy S23 of the South Lakeland Local Plan.

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