69 28.1.2010 Planning PLANNING COMMITTEE Minutes of the proceedings at a meeting of the Committee held in the District Council Chamber at South Lakeland House, Kendal, on 28 January 2010, at 10.00 a.m. Present Councillors Paul Little (Chairman) Ian McPherson (Vice-Chairman) Alan Baverstock Jane Carson Brian Cooper Joss Curwen Colin Davies Sheila Eccles Sylvia Emmott Brenda Gray Frank Hodson Janette Jenkinson Kevin Lancaster David Williams Mary Wilson Officers Fiona Clark Planning Officer Kate Lawson Area Team Leader (West) (part) Phil Greenup Environmental Health Team Leader (part) Barry Jackson Planning Officer (part) Janine Jenkinson Assistant Democratic Services Officer Matthew Neal Solicitor to the Council (part) Andy Roe Development Control Manager P/100 MINUTES RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting of the Committee held on 7 January 2010. P/101 DECLARATIONS OF INTEREST RESOLVED – That it be noted that the following declarations of interest were made:- (1) Councillor Sheila Eccles – Minute P/106 (Planning Application No.SL/2009/1006); and (2) Councillor Kevin Lancaster – Minute P/104 (Planning Application No.SL/2009/0838). P/102 LOCAL GOVERNMENT ACT 1972 – EXCLUDED ITEMS RESOLVED – That it be noted that there were no items in Part II of the Agenda. P/103 PLANNING APPLICATIONS The Development Control Manager submitted a Schedule of Planning Applications and his recommendations thereon. 70 28.1.2010 Planning RESOLVED – That (1) the applications be determined as indicated below (the numbers denote the Schedule numbers of the application); (2) except where stated below, the applications be subject to the relevant conditions and advice notes, as outlined in the Schedule; and (3) except where stated below, the reasons for refusal be those as outlined in the Schedule. P/104 PUBLIC PARTICIPATION Planning Applications 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:- Note – Councillor Kevin Lancaster declared a personal interest in the following item of business, by virtue of being a former pupil of Queen Elizabeth School. 1.SL/2009/0838 KIRKBY LONSDALE: Biggins Road, Kirkby Lonsdale. Thirty four dwellings with associated vehicular and pedestrian access. (Mr M Nicholson (Russell Armer Ltd) Mr Nick Cotton spoke on behalf of the residents of Biggins Road. He raised objections to the application relating to the loss of a playing field, highway safety and overdevelopment of the site. A full copy of his speech is available on the Democratic Services file. Mr Jim Bowers, the owner of Cedar School, addressed the Committee. He advised Members that the annual rent for the playing field had been raised significantly. As a result the school had lost the use of a valuable asset and alternative provision had been located elsewhere. He asserted that the permanent loss of the field would adversely affect the general recreational provision and open space within the town. Mr Ty Power, Chairman of Queen Elizabeth School, Kirkby Lonsdale, spoke in objection to the application. A copy of Mr Power’s full submission is available on file. Mr Brian Barden, the applicant’s agent, responded to the points raised. With regard to safety concerns, he reassured the Committee that the Traffic Report assessment that had been undertaken, had been based on first hand data recorded at similar sites to that of the proposal. It was asserted that many of the future resident’s children would be able to walk to the nearby schools, thus reducing the level of peak time traffic compared with sites elsewhere. The Assessment had concluded that the level of vehicular 71 28.1.2010 Planning movement would be acceptable to the site. With regards to safety concerns raised, Mr Barden was of the opinion that secondary school children would be suitably able to deal with the level of traffic that would be generated by the proposal. The Planning Officer outlined the details of the scheme and highlighted that the scale of the development would be in keeping with the wider Kirkby Lonsdale townscape, and the proposal would not adversely affect the privacy or amenity of neighbouring residents. The Corporate Director (Communities) be authorised to GRANT Planning Permission subject to referral to the Department of Communities and Local Government, in respect of the loss of the playing field; the applicant entering into a S106 Agreement to secure affordable housing/local occupancy as part of the development; the maintenance of open space and the provision of off-site play equipment and appropriate conditions as detailed in the Schedule. The Planning Officer be requested to write to Cumbria County Council Highways to request consideration be given to traffic calming/safety measures along Kendal Road in the vicinity of junction with Biggins Road. 5.SL/2009/1020 NETHER STAVELEY: Land at Ratherheath, adjacent A591. Development of business park (including B1, B2 and B8 uses) including parking, landscaping, ancillary modal transfer facility (to include park and ride) and access by new roundabout. (The Ratherheath Partnership – Stagecoach, W McClure Limited, Stonecraft Design and Peill & Co) Mr David Aspinwall, Mr John Elleray and Sue Walley spoke in objection to the application. Full copies of their submissions are available on the Democratic Services file. Mr Kim Tullet, the applicant’s agent responded to the points raised. Mr Tullet stated that the proposed land was of a poor quality and unsuitable for agricultural purposes, but could suitably be utilised to meet the needs of two local businesses and provide employment land. He asserted that the development would be situated in a suitable location, well connected to the established transport network. The Committee was updated on consultation responses received. Staveley and Ings Parish Council had objected to the application on the grounds that the development would exert a detrimental impact on the landscape, generate an unacceptable level of additional traffic and would raise issues relating to flooding and light pollution. The Planning Officer reported receipt of 19 additional letters of objection, in total the authority had received 94 letters of 72 28.1.2010 Planning opposition to the application. Members’ were unanimous in their decision to refuse the application. REFUSE 16.SL/2009/1061 HUTTON ROOF: Sealford Farm, Newbiggin. Siting of two holiday lodges/chalets. (Mrs Karen Kemp) Mrs Whelan, spoke in objection to the application. She raised concerns regarding the intrusive impact of the proposal and the loss of privacy to the neighbouring properties. Mr Rowbottom, addressed the Committee on behalf of Miss Stella Whelan, a neighbouring resident. Mr Rowbottom raised objections on the grounds that the application would have a detrimental impact on the surrounding landscape, residential amenity, capacity of the road system and unsuitable vehicular access and car parking provision. Members were updated on consultation responses received. Cumbria Highways was satisfied that the traffic generated by the development would be appropriate and acceptable to the location. The National Grid had raised objections to the proposal on the grounds that the development would be constructed over National Grid pipelines. In addition, four letters of objection were reported to the Committee. The main issues raised related to the loss of privacy for nearby residents, noise disturbance, loss of light, inadequate vehicular access and stated that the proposal would exert a harmful impact on wildlife and be out of character with the surrounding landscape. REFUSE 17.SL/2009/1070 HOLME: 4 Turners Close, Holme. Extensions and alterations. (Mr Mark Hayton) Angela Willan, the owner of 5 Turners Close, spoke in objection to the application. A full copy of her speech is available on the Democratic Services file. Mrs Hayton, the applicant’s wife, spoke in response. She advised the Committee that they had intended to sell their property, but efforts had been unsuccessful. As an alternative they hoped to build an extension to suitably accommodate their family. Amendments to the original plans had been made to address the concerns raised by neighbouring residents. She had been of the opinion that the alterations made were consistent with the issues raised, and she had only recently been made aware that objections remained. The Planning Officer reported that the proposals as originally 73 28.1.2010 Planning submitted had been amended and it was considered that these changes would resolve the difficulties initially identified. It subsequently became apparent, however, that the effect of the two-storey rear extension on the living conditions currently enjoyed by the occupants of no.5 would be greater than originally thought. Members felt that a site visit would be beneficial in order to assess the impact of the proposed development. DEFER for site visit. P/105 COMPLEX PLANNING APPLICATIONS RESOLVED – That the following application be determined in the manner set out:- 2.SL/2009/0856 KIRKBY IRELETH: The Malt Kiln, Grizebeck, Kirkby in Furness. Conversion of redundant workshop into two live/work units including installation of sewage treatment plant. (M K Supplies) Consideration of the application had been deferred from the last Committee meeting to enable further information to be obtained regarding the drainage aspects of the development. The Environmental Health Team Leader gave technical advice relating to the drainage arrangement of the sewage treatment plant. He reassured Members that the application adequately complied with the required standards and confirmed that he was satisfied with the scheme, subject to appropriate conditions being attached to any permission granted. Members raised concerns in relation to road safety and the intensity of the scheme. It was felt that the forecourt area was insufficient to permit parking provision without encroaching onto the public footway. REFUSE – due to inadequate car parking/ turning space for level of development proposed.