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PLANNING COMMITTEE
Minutes of the proceedings at a meeting of the Committee held in the Council Chamber at South Lakeland House, Kendal, on Thursday, 31 January 2002, at 10.00 a.m.
Present
Councillors
Mrs J.E. Jenkinson (Chairman)
M.G. Alston P.E. Ball R.N. Bolton J.W. Curwen Mrs H.E. Gardner L. Hadwin Mrs P.H. Himsworth B. Jameson R. Leach J.K. Manning R. Parker E.J. Robinson W.H. Robinson R.A. Rothwell
Apologies for absence were received from Councillors Mrs J. Ewing and Mrs A.B. Barratt.
1317 MINUTES
RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting of the Committee held on 3 January 2002.
1318 DECLARATIONS OF INTEREST
RESOLVED – That it be noted that Councillor W.H. Robinson declared an interest in Minute 1320 (Planning Application Nos. 5/01/2223 and 5/01/3083).
1319 LOCAL GOVERNMENT ACT 1972 – EXCLUDED ITEMS
RESOLVED – That the items in Part II of the Agenda be dealt with following the exclusion of the press and public.
1320 PUBLIC PARTICIPATION
RESOLVED – That the following applications, for which representations have been received from members of the public, in accordance with Minute 1810 (1996/97), be determined in the following manner:-
5/01/2223 OLD HUTTON & HOLMESCALES: Greaves Farm, Old Hutton. Livestock building extension. (R.T. Robinson) Note – Councillor W.H. Robinson declared an interest in this item of business and left the Council Chamber during the discussion and voting thereon. Mrs B.J. Westnutt addressed the Committee on behalf of herself, her husband and Mr and Mrs Gould and Mr and Mrs Pritchett. Their main objections to the proposal was that it would compound the visually intrusive nature of the existing buildings on the site; it would have a severe adverse impact on the amenity of nearby residents and therefore be contrary to Policy S23 of the Local Plan; and there were 738
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alternative locations available. The Director of Amenities and Development reported that the Director of Environment and Housing had advised that it was likely that there would be odour and noise nuisance to neighbours as the proposed extension was only 130 metres away. He also stated that it had been indicated to the applicant that it would be better to reposition the extension.
DEFERRED for negotiation on location.
5/01/3083 OLD HUTTON & HOLMESCALES: Greaves Farm, Old Hutton. Implement storage shed. (R.T. Robinson)
Note – Councillor W.H. Robinson declared an interest in this item of business and left the Council Chamber during the discussion and voting thereon.
Mrs B.J. Westnutt addressed the Committee on behalf of herself, her husband and Mr and Mrs Gould and Mr and Mrs Pritchett. Their main objections to the proposal was that it would compound the visually intrusive nature of the existing buildings on the site; it would have a severe adverse impact on the amenity of nearby residents and therefore be contrary to Policy S23 of the Local Plan; and there were alternative locations available.
The Director of Amenities and Development reported that the Director of Environment and Housing had advised that he would like to see the building repositioned further to the south.
The Director of Amenities and Development reported that the issues with this application were slightly less clear. Members felt that it would be beneficial to visit the site to consider alternative locations for the storage shed.
DEFERRED for a site visit.
5/01/2956 LOWER HOLKER: Cark Airfield, Flookburgh. Operation of parachute centre to every Friday between April and October and additional 30 days. (Resubmission 5-01-0470) (North West Parachute Centre) County Councillor R. Mein, representing the Cartmel division, spoke in objection to the application. He felt that the quality of life of residents would be reduced if the application was approved due to the increased noise. Mr K. Wright also addressed Members and supported the views expressed by County Councillor Mein. The Committee also heard form The Rt. Rev. Hugh Lindsay who was the Chaplain at Boarbank Hall nursing home and guest house. He also spoke on behalf of Augustinian Sisters who ran Boarbank. He felt that approving an increase in flying time would upset the present balance between the interests of the Parachute Centre and the residents of Cartmel Peninsula. It could also result in disruption to the 739
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peace of residents during the summer and he felt that any future extensions of operations would make matters even worse. Mr R. Carruthers, the applicant’s father, spoke in support of the application. He gave details of how the planes had been operated.
The Committee also received a statement in support from Ms Alison Magee who was a local resident and a sky diver. She stated that she had raised a lot of money for charities by jumping with the Parachute Centre and that the new plane was a lot quieter.
Mr J. Siddle also spoke to the Committee on behalf of 13 residents who lived close to Cark airfield. They felt that noise was the overwhelming problem and it would be exacerbated during periods of good weather. The economical benefits to the local economy were marginal but the effect on residents was considerable. Mr Siddle also felt that it would be difficult to apply conditions which could control the noise and flight paths and stated that the existing informal agreement was not honoured. He concluded by stating that the airfield was in a peaceful, rural area and that the character of the area had changed for the worse.
In response, the applicant, Mr M. Carruthers felt that the number of objections which had been received were not significant in relation to the population of the area. He stated that the increase in flying time would be less than 20% and that the noise levels had diminished considerably during the last twelve months. He also pointed out the benefits to the local community and that the Centre had helped to raise over £50,000 in the last year alone for different charities.
He stated that the application had the support of the Chief Executive of the Cumbria Tourist Board.
The Director of Amenities and Development advised the Committee that the objectors who had addressed them had shared the same views as the written objections which had been received. He confirmed that the Cumbria Tourist Board and the Lakeland Leisure Park both supported the scheme.
He also clarified that the applicant had advised that the 30 extra days which had been applied for included the existing 14 days which the Centre already had permission for. The applicant had also supplied information about the actual number of days which had been used for flying purposes and this had indicated that over the preceding four years only 56% of the permitted days had actually been used due to weather conditions. Based on this trend, if the application was approved, although 163 days would be permissible, flying would only take place on 93 days. The applicant had also stated that the reason for the extra days was that they wished to run an Instructors’ course and that most time would be spent in the classroom.
The Director advised Members that there was a difference between visiting the site and listening to the noise during a jump and actually living within the local community. He referred to the Director of Environment and Housing’s comments which had been detailed in his 740
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written report. There were no objections to the current process at the airfield as the existing agreement was working but the Environment and Housing Directorate was not able to monitor activity at the airfield as no flying was taking place at the moment. The Director of Amenities and Development felt that it could prove beneficial if the Centre and members of the local community discussed outstanding issues.
Members felt that there was merit in considering granting planning permission subject to conditions regarding setting up a proper mechanism to consider community views, restricting the number of days and insisting upon “clear break” periods during periods of operation. It was also felt to be expedient to ask the Development Portfolio Holder to ask that the Director of Environment and Housing be involved in negotiations with the local community.
The Director of Amenities and Development to grant on the negotiation of an improved timescale for operation, arrangements for a Consultation Committee and protection for the resident population.
Note – Councillors L. Hadwin, M. Alston, R. Parker, R. Leach and Mrs P. Himsworth requested that, under Standing Order 16.6, their votes against in respect of the above resolution be recorded.
5/01/3190 KENDAL: Land adjacent Ferndene, Caroline Street, Kendal. Dwelling. (Conservation Area) (Mrs Ann Barnett)
Mr P. Fearnyough advised the Committee that the proposed dwelling was to be sited at the bottom of his garden and would be very visible from his home. This would detrimentally effect the privacy and seclusion he enjoyed and result in overlooking. He referred to discrepancies with the plans and the possible effect on a retaining wall. Members were also told that trees, covered by Tree Preservation Orders, would need to be felled to enable the scheme to go ahead.
In response Mr P.Wilson advised that careful consideration of the views of neighbours had been taken into account. He stated that the proper procedure would be applied to the effected trees.
DEFERRED for a site visit.
5/01/3214 URSWICK: The Swan, Little Urswick. Conversion of existing garage to store, erection of double garage, use of first floor as letting bedrooms and conversion of loft into owner’s accommodation. (Michael E. Dean)
Mr N. Tate submitted a petition of 509 signatures against the proposal. He stated that this represented 83% of the local electorate. The Committee was informed that he owned the local store and Post Office in Great Urswick and felt that a new store would eventually result in the closure of the Post Office as loss of business would not make it viable to remain open. He stated that the Countryside Agency also shared these concerns. 741
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These views were also supported by Mr J. Winder who lived next door to the proposal site. His main concern was access although he stated that he was not aware of any local support for the proposal. The Director of Amenities and Development read put a letter received from one of the Ward Members, Councillor Foot who made reference to PPG6 and PPG7. However, the Director advised that, in his view, the relevance of the planning guidance was comparative and posed a judgement for Members concerning where facilities in these villages should be encouraged. He pointed out that the existing shop would be unlikely to lose rate relief if the new shop were to be approved, since the Director of Finance had indicated the Government’s rules had been relaxed slightly. He also indicated that the appearance of the Garage would be very prominent and could be regarded as an adverse aspect of the scheme.
The Director of Amenities and Development be authorised to refuse this application on the expiration of the consultation period.
5/02/0040 KENDAL: Parkside Business Park, Phase 5, Parkside Road, Kendal. Light industrial units. (Ashford Assoc. Properties Limited)
Mr D. Brown, one of the developers of the site, objected to the proposal on the grounds of parking, accuracy of plans and landscaping.
The applicant responded by stating that the existing parking problems on site were due to operational problems and that there was not a lack of available parking. He advised that his aim was to provide units for light industrial/hi-tech jobs.
The Director of Amenities and Development reported that a further objection had been received from a coach business which had raised concerns about lack of landscaping. The issue of lack of parking had also been raised as well as the fact that the provision of the extra parking spaces included in the application was outside the control of the applicant. The Director agreed that there was often congestion and confusion on the site and that the extension of the development would require more parking. He advised that the applicant proposed to purchase additional land which had previously been approved for landscaping purposes for leisure facilities. This would enable the applicant to provide the necessary additional space for parking. It was also acknowledged that the County Council had raised concern about the parking arrangements on site when consulted on the leisure scheme. As the scheme as proposed would give 14 additional spaced for the Fun Factory it would satisfy these concerns. He also reported that officers were satisfied with the effect of the proposal on the landscaping scheme. Should the application be approved, the Director suggested that conditions should be applied regarding the provision of parking at an early stage, adequacy of access for deliveries, landscaping and remediation of the land. Members were also advised that a local business wished to re-locate to the site and the expansion 742
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of the business should be encouraged.The Director of Amenities and Development be authorised to grant this application on the expiration of the consultation period. 1321 APPLICATIONS FOR PLANNING PERMISSION
RESOLVED – That the following applications be determined in the manner set out:-
5/01/2802 PRESTON PATRICK: O.S. Field No.9027, South of Birks Farm, Preston Patrick. Aviary. (Retrospective) (Linda Beck)
It was reported that there had been neighbour objections regarding noise, appearance and siting but the Director of Amenities and Development did not feel that there was a substantial impact on the area.
GRANTED
5/01/3241 KENDAL: Grosvenor House Papers Limited, Westmorland Business Park, Kendal. Removal of Condition No.4 of Planning Reference 5-00-2134 re. roofing material. (Grosvenor House Papers Limited)
The Committee was advised that there had been complaints from the community about the impact of the roofing material and photographs were on display in the Council Chamber. The applicants had claimed that there were many pale roofs in the vicinity but the Director of Amenities and Development pointed out that a similar scheme in the locality had received much criticism.
Members, however, felt that it might be possible to overcome the problem with adequate screening and felt that a site visit would be beneficial.
DEFERRED for a site visit.
1322 ADJOURNMENT OF MEETING
The Committee adjourned for lunch at 12.50 p.m. and reconvened at 2.00 p.m., when the same Members were present, with the exception of Councillor E.J. Robinson.
1323 APPLICATIONS FOR PLANNING PERMISSION
RESOLVED – That the following applications be determined in the manner set out:-
5/01/2778 FIRBANK: Whinney Haw Farm, Firbank. Conversion of barn to three dwellings, including installation of septic tank. (Mr J. Armistead)
The Director of Amenities and Development reported that he had asked Cumbria County Council to review the Director of Engineering’s advice, as he did not believe that any highway danger would result.
The Director of Environment and Housing had received confirmation that there were no water supplies and there were no issues regarding 743
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water contamination and had recommended that, should the application be approved, suitable conditions regarding drainage be attached.
The Director of Amenities and Development, therefore, recommended that he be given delegated authority to grant the application.
The Director of Amenities and Development to grant on the resolution of drainage issues.
5/01/3040 PRESTON PATRICK: Watersedge Caravan Park, Crooklands. Six static caravans in place of touring pitches. (Waters Edge Caravan Park)
The Director of Amenities and Development reported that the applicant’s agent had informed him that the proposed caravans would be placed on hardcore, with four concrete pads, similar to those already situated in the Park, causing no dramatic change. The Director recommended that the application be granted.
GRANTED subject to:-
(1) The caravans shall not be occupied during the period 14 January to 1 March each year.
(2) Notwithstanding any permission given by the Town and Country Planning General Permitted Development Order 1995, the written approval of the Local Planning Authority shall be obtained for the placing of any overhead electricity service lines on the site.
(3) Notwithstanding any permission given by the Town and Country Planning General Permitted Development Order 1995, the written approval of the Local Planning Authority shall be obtained for the construction and siting of any buildings, structures or erections (whether temporary or otherwise) to be placed on the site.
(4) The caravans shall be painted in one or more dark colours to a specification submitted to and approved in writing by the Local Planning Authority before any of the caravans hereby permitted are stationed on the site. The caravans shall therefore be retained in their approved colour(s).
(5) The bases upon which the caravans are stood shall be constructed of hard core with four concrete pads to support the caravan stays. The materials used in the construction or surfacing of the bases shall not be changed without the prior written consent of the Local Planning Authority.
(a) To ensure that the caravans do not become permanent residences. 744
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(b) To protect the visual character of the locality.
(c) To reduce the visual impact of the caravans.
(d) For the avoidance of doubt.
5/01/3118 BURTON-IN-KENDAL: Knott View, Boon Walks, Burton-in-Kendal. Change of use from dwelling to children’s day nursery. (Ruth Moore)
The Director of Amenities and Development was concerned that the dwelling was on the main road and a semi-detached property with no residential component. He felt that this could cause problems for neighbouring residents.
Members expressed concern regarding traffic and parking problems.
REFUSED for the reasons below:-
(1) The use of the whole of this semi-detached property as a children’s day nursery would be a source of nuisance to neighbouring residents by reason of noise and general disturbance. If permitted, the reasonable residential enjoyment of the neighbouring properties will be prejudiced to an extent which is unacceptable.
(2) The proposed children’s day nursery will result in short term parking on the public highway to the detriment of the free flow of traffic and the safety of other road users.
5/01/3120 KIRKBY IRELETH: Longlands Caravan Park. Extension of caravan park. (Holker Estates)
The Director of Amenities and Development reported receipt of letters from neighbours expressing concerns regarding noise nuisance, drainage, etc.
Holker Estates had addressed the Committee’s concerns regarding access. They stated there were two access points and that the one from Chapels was not used by the Park on a regular basis. That route had five passing points and could be widened, if necessary. The main access route was at Wall End which, provided several passing places and was wide and free moving. More suitable signage could be placed in the area to indicate this access.
The Director of Amenities and Development informed the Committee that use of the Chapels access could not be prevented other than by signage. The passing places could be widened. There were some good trees and screening around the site, although the site could be seen from higher ground towards the West. The Director recommended that the application be approved with conditions.
Members raised concerns regarding traffic, screening and sewerage but felt that the applicant had attempted to deal rationally with the 745
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planning process.
The Director of Amenities and Development to grant on the negotiation of a reduced scheme excluding the top field.
5/01/3225 NATLAND: Workshop adjacent Crosby Lodge, Natland. Conversion of former joiner’s workshop into dwelling. (Phillip James Armstrong)
The Director of Amenities and Development reported that the Parish Council were in favour of the application. He himself was nervous about the lean-to area and verandah, which he felt required screening to one side. He recommended that he be authorised to approve the application with a condition regarding screening.
Members were generally in favour of the conversion, although they felt unhappy about the loss of another workshop within a village.
The Director of Amenities and Development to grant on the negotiation of improved screening to the outside raised seating area.
5/01/3257 URSWICK: Former car park, Bradylls Arms, Bardsea. New car park. (Mackenzie Construction)
WITHDRAWN by the applicant.
5/01/3258 URSWICK: Former car park, Bradylls Arms, Bardsea. Four dwellings. (Mackenzie Construction)
WITHDRAWN by the applicant.
5/01/3247 KENDAL: Lambert Building, Aynam Road, Kendal. Conversion of carpet warehouse to six apartments. (Conservation Area) (Impact Housing Association)
The Committee was informed that the Town Council were in favour of the application, which was felt to be an enhancement.
The Director of Amenities and Development be authorised to grant this application subject to a Section 106 Agreement restricting occupancy.
5/01/3278 LOWER ALLITHWAITE: Cark Shaws Wood, Cartmel Racecourse, Cartmel. Telecommunications tower. (Crown Castle UK Limited)
The Director of Amenities and Development reported one objection from a neighbour who felt that the structure would tower above the trees and dominate the valley.
The Director of Amenities and Development be authorised to grant this application on the expiration of the consultation period. 746
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5/01/3323 KENDAL: Red Cross Building, Woolpack Yard, Kendal. Conversion to three self-contained flats, children’s nursery and studio. (Conservation Area) (Mr J.R. Martindale)
The Director of Amenities and Development recommended that he be given authorisation to grant the application, subject to comments from the Director of Environment and Housing.
The Committee was informed that the Town Council were not in favour of the application on the grounds of noise nuisance.
The Director of Amenities and Development be authorised to grant this application on the expiration of the consultation period.
5/01/3325 HEVERSHAM: Unit 3, Princess Way Business Units, Heversham. Use of unit for display and sale of fitted kitchens, with associated office and storage. (Panararmer)
The Director of Amenities and Development advised Members that he was now recommending that he be authorised to grant the application, with personal consent to the applicant.
Some Members were concerned about service lorries taking over the whole of the forecourt.
The Director of Amenities and Development be authorised to grant a personal planning permission.
5/01/3336 KIRKBY LONSDALE: Former Hartleys Garage Site, New Road, Kirkby Lonsdale. Relocation of garages. (Conservation Area) (Norman Jackson Contractors Limited)
The Director of Amenities and Development be authorised to grant this application on the expiration of the consultation period.
5/01/2934 GRANGE-OVER-SANDS: Land opposite “The Barn” and “Squirrels”, Eden Mount, Grange-over-Sands. Change of use of land to domestic curtilage and erection of garage. (Conservation Area) (John and Carol Marrow)
GRANTED subject to:-
(1) A sample panel of the proposed external facing materials shall be erected on the site for the further written approval of the Local Planning Authority and this written approval shall be obtained before any of the superstructure is erected. This panel shall be of sufficient size to indicate the method of jointing and coursing to be used. (2) The roof shall be covered with slates being blue/grey in colour and of similar texture to those mined within the County of Cumbria a sample of which shall be submitted to and agreed in 747
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writing with the Local Planning Authority before any development work commences on site. (3) No development shall be carried out on the site which is the subject of this permission until details of finished floor level in relation to a suitable fixed datum have been submitted to and approved in writing by the Local Planning Authority, and the development shall not be carried out otherwise than in full accordance with such approved details. (4) Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995, express planning permission shall be obtained for any development falling within Classes A, E or H of Part I, Schedule 2 of that Order.
(a) To protect the character of the Conservation Area.
(b) To avoid an over-prominent development.
(c) To ensure that extensions, garages, outbuildings and fences, and other such development permitted by the Town and Country Planning General Permitted Development Order 1995, will not detract from the appearance of the Conservation Area or create conditions of danger to users of the adjoining highways.
5/01/2959 NEW HUTTON: Millholme, New Hutton. Store/garage. (Mr and Mrs G. Barton)
The Director of Amenities and Development reported receipt of a revised plan. The applicant had stated that at present he stored his leisure/hobby equipment out of doors, beneath tarpaulin, and wished to create a secure storage building. He had decided to turn the proposed building by 90 degrees so that it would back onto Mill Beck.
The Director of Amenities and development informed the Committee that the proposed building was of a high standard and large in size. He felt concerned that the building would have the scope to be converted into an independent dwelling.
Members queried the necessity for such a large storage building.
REFUSED for the reason below:-
The accommodation provided is tantamount to the construction of a self-contained dwelling, in the absence of information to the contrary. As such it would be contrary to Policy H6 of the Local Plan which limits new development to identified settlements.
5/01/3053 KENDAL: Kendal Fell VHF Relay Station, Kendal. Replacement telecommunications mast and associated equipment. (BT Airwave)
The Director of Amenities and Development reported receipt of an amended plan suggesting the use of a timber post. He recommended that either he be authorised to grant the application or that it be 748
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deferred in order to negotiate with the applicant.
REFUSED for the reason below:-
The proposal would, by reason of its height and relative location be contrary to the requirements of Policy 12 of the Cumbria and Lake District Joint Structure Plan and Policy S28 of the South Lakeland Local Plan which seeks to minimise the impact of such masts and cabins in sensitive areas such as this one which is recognised as being of County Importance.
5/01/3087 GRANGE-OVER-SANDS: 7 Kentsford Road, Kents Bank, Grange- over-Sands. Dwelling. (Outline) (Mrs J. McCartney)
The Town Council had raised queries regarding access.
REFUSED for the reason below:-
The proposed dwelling would produce an unacceptable form of backland development at variance with the pattern of development in the locality.
5/01/3147 LEVENS: Land to rear of Smithy Cottage, Levens. Dwelling. (Mr and Mrs P.V. Wood)
The Director of Amenities and Development suggested that he be recommended to grant the application, subject to improvements to the access.
The Director of Amenities and Development be authorised to grant this application subject to improved parking and manoeuvring arrangements for Smithy Cottage.
5/01/3148 GRANGE-OVER-SANDS: 38 Kirkhead Road, Grange-over-Sands. Alterations to roof. (Train IT Properties Limited)
GRANTED subject to:-
(1) The external walls and roof of the extension shall be constructed with materials of the same type, texture and colour as the external walls and roof of the existing building, or as may be agreed in writing with the Local Planning Authority.
(2) The glazing on the west elevation of the dormer shall be obscure glazing.
(a) To ensure that the character of the area is not adversely affected by reason of the appearance of the type and colour of the materials to be used in the proposed development.
(b) To avoid unneighbourly overlooking.
5/01/3243 LOWER ALLITHWAITE: High Fell Gate Farm, Caravan Site, Grange- over-Sands. Four additional static caravan pitches to existing site. 749
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(Brian Clark)
The Director of Amenities and Development informed Members that the site was not well screened and that this was an increase in scale of more than 10%.
Members felt that an extra four pitches would be reasonable, subject to the provision of screening to the site.
GRANTED subject to:-
(1) No development shall be carried out on the site which is the subject of this permission until details of depth of ground excavation, in relation to a suitable fixed datum, of pitches 3 to 4 shown on the submitted plan have been submitted to and approved in writing by the Local Planning Authority, and the development shall not be carried out otherwise than in full accordance with such approved details.
(2) No development shall be carried out on the site which is the subject of this permission until details of a scheme of screen banking and landscaping have been submitted to and approved in writing by the Local Planning Authority, and the caravans shall not be placed on site until this screen banking and landscaping has been carried out on site. Any trees/shrubs planted in accordance with the landscaping scheme and becoming dead, diseased, severely damaged or removed within five years of their planting shall be replaced in the next planting season with trees/shrubs of similar size and species to those originally required to be planted unless the Local Planning Authority gives written comment to any variation.
(3) This permission does not authorise the use of the land as a site for holiday caravans except during the period 1 March to 14 November each year.
(4) No railway vehicle, tramcar, omnibus body, aeroplane fuselage or similar structure, whether on wheels or not and howsoever adapted, shall be stationed or erected on the site.
(5) Notwithstanding any permission given by the Town and Country Planning General Permitted Development Order 1995, the written approval of the Local Planning Authority shall be obtained for the placing of any overhead electricity service lines on the site.
(6) Notwithstanding any permission given by the Town and Country Planning General Permitted Development Order 1995, the written approval of the Local Planning Authority shall be obtained for the construction and siting of any buildings, structures or erections (whether temporary or otherwise) to be 750
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placed on the site.
(7) Not more than four caravans shall be stationed on the site at any one time.
(8) The caravans shall be painted in one or more dark colours to a specification approved in writing by the Local Planning Authority within six months of their being sited in accordance with the approved plan deposited with the Local Planning Authority on 14 December 2001.
(a) To ensure that the development is adequately screened from the adjoining properties and surrounding areas.
(b) To ensure that the established character of the area shall not be prejudiced.
5/01/3244 ULVERSTON: 10 Grasmere Road, Ulverston. Front Porch. (Retrospective) (Mr Edmund Ireland)
The Director of Amenities and Development reported receipt of a letter objecting on the grounds of scale and appearance.
GRANTED
1324 DEVELOPMENT BY SOUTH LAKELAND DISTRICT COUNCIL
RESOLVED – That the following applications be determined in the manner set out:-
5/01/3204 KENDAL: 20, 22, 24 and 26 Lowther Street, Kendal. Alterations and conversion to office accommodation. (Conservation Area) (Listed Building) (Chief Executive, South Lakeland District Council)
Commend the scheme and refer to the Secretary of State for determination.
5/01/3205 KENDAL: 20, 22, 24 and 26 Lowther Street, Kendal. Alterations and conversion to office accommodation. (Conservation Area) (Listed Building) (Chief Executive, South Lakeland District Council)
Commend the scheme and refer to the Secretary of State for determination.
1325 APPLICATIONS TO BE DETERMINED BY CUMBRIA COUNTY COUNCIL
RESOLVED – That Cumbria County Council be informed that this Local Planning Authority is of the opinion that the following applications should be determined in the manner set out:-
5/01/9025 ARNSIDE: Middlebarrow Quarry, Silverdale. Relaxation of Condition No.1 of permissions 5-89-0346 and 5-98-9020. (Hanson Aggregates)
The Director of Amenities and Development informed the Committee 751
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that the applicant had requested an extension of 8 months.
NO OBJECTIONS subject to there being no further extensions of time after 31 August 2002.
1326 ENFORCEMENT ACTIVITY FROM 17 DECEMBER 2001 TO 11 JANUARY 2002
RESOLVED – That the report be received.
1327 REMODELLING OF LAND, BRIERY MEADOWS, OFF BURNESIDE ROAD, KENDAL
Further to Minute 1145 (2001/02), the Director of Amenities and Development informed Members that a revised scheme had been submitted showing a much reduced level of work. The regrading was more gradual, but still included the four belts of young trees. The County Council’s Landscape Officer was now satisfied with the revised proposal.
The Committee was informed that the Town Council were not in favour of the application on the grounds of visual impact and that they felt that the developers were taking advantage.
Members of the Committee felt that the scheme would have a dramatic visual impact on the field and that the developers were attempting to evade landfill tax.
RESOLVED – That Cumbria County Council be informed that this Local Planning Authority objects to the application.
1328 DISPLAY OF TEMPORARY BANNER
Consideration was given to a request from Kendal Round Table to erect a banner across Highgate from 29 October to 5 November 2002.
RESOLVED – That approval be given to the request to display a banner for this eight day period.
1329 2002/03 REVENUE BUDGET – GENERAL FUND SERVICES
The Director of Finance submitted draft estimates for the Development Control service for approval. They reflected a standstill level of service and an anticipated increase in fees for 2002/03.
RESOLVED – That
(1) the draft 2001/2002 Revised and 2002/03 Base Estimates for the Development Control service, as set out in Appendix A to the report, be approved; and
(2) the Estimates, as set out in Appendix A to the report, be forwarded to the Cabinet, for inclusion in the General Fund Estimates. 752
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1330 BEST VALUE PERFORMANCE INDICATORS
The Chief Executive informed the Committee that there was a requirement to produce a Best Value Performance Plan each year. Amongst the various elements to be included was comparative data on the national and local indicators used by the Council to show how it is performing, with targets and indicators linked to the most relevant of the Council’s approved objectives. The Council’s strategic priorities were currently being reviewed. This would provide an opportunity to make these connections more obvious and effective.
The Chief Executive presented a schedule detailing the objectives and indicators relating to the service areas within the Committee’s remit.
RESOLVED – That the indicators and targets, as appended in the Chief Executive’s report, be approved, as amended.
1331 BEST VALUE SERVICE REVIEW ACTION PLAN UPDATE
Further to Minutes 1126, 1501 and 1502 (1999/2000), the Director of Amenities and Development presented a revised Action Plan to examine the progress made on Best Value within the Development Control service.
Members congratulated the Director of Amenities and Development on the figures in relation to satisfaction with the service.
RESOLVED – That the report be received.
1332 APPEALS
RESOLVED – That the report be noted.
1333 APPLICATIONS DETERMINED BY CUMBRIA COUNTY COUNCIL
RESOLVED – That the report be noted.
1334 APPLICATIONS CONSIDERED PREVIOUSLY BY THE PLANNING COMMITTEE AND DETERMINED BY THE DIRECTOR OF AMENITIES AND DEVELOPMENT
RESOLVED – That the report be noted.
1335 PRESS AND PUBLIC
RESOLVED – That, under Section 100(A)(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Part 1 of Schedule 12 A of the Act by virtue of the Paragraph indicated.
1336 7 STRICKLAND COURT, KENDAL (Paragraph 12)
Further to Minute 913 (2001/02), the Director of Amenities and Development advised the Committee of the receipt of an Enforcement Notice Appeal in respect to the siting of a decking area at the above property. He informed the Committee that part of the appellant’s challenge rested on the case that the extension was not 753
31.1.2002 Planning
adjacent or facing a public highway and, therefore, did not require planning permission in the first instance. The Director of Administration presented his view of the circumstances in the case, advising Members regarding interpretation of the word “highway”. The Director of Amenities and Development asked Members whether they considered it expedient to continue with the appeal process.
RESOLVED – That the appeal process be continued.
1337 LAND AT OXENHOLME, KENDAL (Paragraph 12)
Further to Minute 498 (2001/02), the Director of Administration informed the Committee that Counsel’s opinion had been sought due to the problems surrounding the land concerned. He asked Members to give further consideration to the matter and to confirm whether or not they wished to proceed with enforcement.
RESOLVED – That Enforcement Action be continued.
1338 CHAIRMAN’S ANNOUNCEMENT
The Chairman announced that there was to be a training session on planning for all new Members of the Committee and those who had not yet attended such a course on Tuesday, 19 February 2002, at 2.00 p.m., in Committee Room A, South Lakeland House.
RESOLVED – That the report be noted.
The meeting ended at 5.15 p.m.