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.
P/106 STRAIGHTFORWARD PLANNING APPLICATIONS
RESOLVED – That the following applications be determined in the manner set out:-
Note – Councillor Shelia Eccles declared a personal and prejudicial interest in the following item of business, by virtue of knowing the applicant. She left the Council Chamber during the discussion and voting thereon.
14.SL/2009/1006 KENDAL: Recreational area between Vicars Fields and Long Close. Recreational facilities and equipment. (Mrs Diane Horner) 74 28.1.2010 Planning
The Development Control Manager reported that Kirkbarrow Residents Association had undertaken consultation with local residents. 142 responses had been received, of which 135 respondents had indicated that they were in favour of the design and 137 were satisfied with the proposed equipment.
In addition, two letters of objection, from nearby residents were reported to the Committee. These raised issues relating to the loss of open space and concern that the development would attract increased anti-social behaviour in the area.
Members acknowledged the concerns highlighted and requested that the Planning Officer write, on behalf of the Committee, to the Council’s Licensing Department to request that the site be considered as a designated no drinking area.
Overall, the scheme was considered to be a good use of the area.
GRANT – Subject to the condition detailed in the Schedule and an additional condition relating to landscaping details and tree planting being agreed.
12.SL/2009/0946 KENDAL: Elmhurst, Bankfield. Rear porch extension, access ramp and alterations to existing external play areas including the provision of new play equipment. (Mr & Mrs Peter Graveson)
The Committee was advised that the planning application had been submitted to upgrade the recreational facilities to statutory requirements and not to expand or accommodate additional children.
The Development Control Manager reported that further to an amendment to replace the use of uPVC porch framework with timber, Kendal Town Council had confirmed that they approved of the application.
GRANT – Subject to the following conditions :-
(1) standard time limit;
(2) receipt of amended plans, relating to the wooden framed porch; and
(3) retention of existing boundary screening.
P/107 COMPLEX PLANNING APPLICATIONS
RESOLVED – That the following applications be determined in the manner set out:-
3.SL/2009/0874 NEW HUTTON: Holme Park, Hill Top, New Hutton, Kendal. Removal of Condition 2 (Local Occupancy) from Planning Permission SL/2007/1036. (Applethwaite Ltd) 75 28.1.2010 Planning
The Development Control Manager outlined the relevant policy issues relating to the application. He reported comments that had been received from the agent in relation to the difficulties that could occur for mortgage lenders and buyers, due to the presence of Local Occupancy restrictions.
The Committee’s attention was also drawn to the North West Regional Spatial Strategy (RSS), which stated that Local Authorities should consider Local Occupancy conditions to support the provision of evidenced local housing need.
Consideration was given to a substitute condition that had been proposed by the applicant, which required the dwelling to be occupied only as a sole or main residence.
Some concerns were raised regarding the difficulty of monitoring adherence to the enforcement of conditions on occasions where breaches occurred.
Overall, it was felt that the application was acceptable, subject to the imposition of an alternative condition.
GRANT – Subject to an alternative condition to require that the property is occupied as the sole or main residence and not to be used as second or holiday home.
4.SL/2009/0885 NATLAND: Highfield Lodge, Barrows Green. Removal of Condition 2 (Local Occupancy) from Planning Permission SL/2007/0858. (Mr Peter Dyke)
The Committee was advised that the issues raised by the previous agenda item - Planning Permission application SL/2009/0874 were also relevant to the consideration of this application.
Members elected to unanimously support the proposal, subject to the imposition of a suitable condition being attached.
GRANT – Subject to alternative conditions to require that the property is occupied as the sole or main residence and not to be used as second or holiday home.
6.SL/2009/1034 GRANGE OVER SANDS: KB’s Bar and Restaurant, 96 Kentsford Road. Change of use of bar/restaurant to two apartments. (Kentsford Ltd)
Members noted that there had been insufficient marketing of the premises and therefore the application had not fully complied with the criteria set out in Policy H13 of the South Lakeland Local Plan.
REFUSE
7.SL/2009/1078 LUPTON: Meadowside. Erection of two-storey detached outbuilding to form domestic garage/ workshop with studio over. 76 28.1.2010 Planning
(Mr Broomfield)
Alterations had been made to the scheme involving the garage opening being accessed from the main drive rather than via the secondary access from the A65.
GRANT – Subject to the following conditions (suitably worded) :-
(1) standard time limit;
(2) amended access/building layout; and
(3) detailed finishes.
P/108 LISTED BUILDING APPLICATIONS
RESOLVED – That the following applications be determined in the manner set out:-
8.SL/2009/1089 KILLINGTON: Killington Hall Farm. Conversion of derelict (FPA) & building to dwelling for holiday letting or local occupancy. SL/2009/1090 (Mr Andrew Newbold) (LBC)
The Planning Officer updated the Committee on consultation responses received. Killington Parish Council welcomed the application, as the restoration would ensure the future survival of the Listed Building. The County Archaeologist had recommended that the development be subject to a Watching Brief.
The Council’s Conservation Officer had advised that the application was a well considered and informed proposal, which would secure the long term sustainability of the building. In addition, it was recommended that a Method Statement, to set out the sequence of works be attached to the Planning Permission and the Listed Building Consent.
GRANT – Planning Permission
GRANT – Listed Building Consent
9.SL/2009/1105 LOWER ALLITHWAITE: Priory Hotel, The Square, Cartmel, (FPA) & Grange over Sands. Conversion and alteration of Priory Hotel SL/2009/1107 including formation of two retail units on ground floor and two (LBC) self-catering holiday apartments on first floor; demolition of bungalow and construction of replacement bungalow in the grounds. (Mr George Broadhurst)
A number of additional consultation responses were reported to the Committee. Lower Allithwaite Parish Council had objected to the application and had recommended that the property be retained as a hotel. They had commented that three B&B’s had recently closed and asserted that tourist accommodation in the area was a vital service to the local economy. 77 28.1.2010 Planning
Cumbria Highways had asserted that there should be no increase in the use of vehicular access to serve the new dwelling. They were satisfied with no car parking provision, but had requested that a condition be applied to any permission granted to ensure that the garden area was not used for car parking. In addition, they had stated that the boundary wall should be retained, but could be demolished and rebuilt during the construction period.
Cartmel Village Society had objected to the application, on the grounds that the proposal would spoil the character of the hotel and would have a detrimental impact on the local economy.
Cumbria Tourism expressed its preference that the hotel use be retained, due to the important service it provided to the area. They had suggested that self catering accommodation could be a viable alternative.
In addition, an acoustic report, regarding the proposed hotel, had been received from an engineer located in Barrow. The Planning Officer reported that it was unclear on whose behalf this had been undertaken. The report had concluded that the noise impact would not be a concern.
Members’ were advised that amendments had been made to the original plans relating to the layout of the development, the proposed bungalow had now been to a smaller unit and had better amenity space.
GRANT – Full Planning Permission, subject to appropriate conditions relating to the amenity, space and size.
GRANT – Conservation Area Consent, subject to appropriate conditions and a condition requiring an archaeological Watching Brief to be undertaken, following demolition of the existing bungalow; and
GRANT – Listed Building Consent, subject to appropriate conditions.
10.SL/2009/1127 KIRKBY LONSDALE: The TSB building, Market Square, Kirkby (FPA) & Lonsdale. Conversion of building to form single dwelling. SL/2009/1128 (Mr Michael Cunningham) (LBC)
The Planning Officer reported, receipt of confirmation from the applicant’s agent advising that the property had been on the market since September 2009 and every effort had been made to market the property as a combined office/residential going concern.
Members were advised that Kirkby Lonsdale Town Council had recommended that the application be approved.
Overall, the proposal was considered an acceptable use of the 78 28.1.2010 Planning
property.
GRANT – Planning Permission, subject to appropriate conditions.
GRANT – Listed Building Consent, subject to appropriate conditions.
P/109 ADJOURNMENT OF MEETING
The Committee adjourned for luncheon at 1.20 p.m. and reconvened at 1.50 p.m. when the same Members were present, with the exception of Councillors Colin Davies, Janette Jenkinson and Brenda Gray.
P/110 STRAIGHTFORWARD PLANNING APPLICATIONS
RESOLVED – That the following applications be determined in the manner set out:-
11.SL/2009/0900 LEVENS: Nicholas House. Two-storey extension (Revised Scheme SL/2009/0107) (Mrs Philomena Taylor)
GRANT
13.SL/2009/0980 OSMOTHERLY: Netherhouses Farm. Erection of Silage Building. (Messrs F and S A Edmondson)
The Development Control Manager provided the Committee with a précis of a letter received from the applicant’s agent. The agent had asserted that the proposal was sited in an appropriate location, there were no suitable alternatives and no objections had been received from nearby residents.
Members’ elected to defer further consideration of the application, in order to undertake a site visit.
DEFER for site visit
15.SL/2009/1038 PRESTON RICHARD: Fair haven, Gatebeck Road, Endmoor. Extensions and alterations (revised scheme SL/2009/0671). (Mr Stephen Lennie)
The scheme was an amendment to the application SL/2009/0671 which had previously been refused.
It was felt that the alterations made to the proposal had satisfactorily met the criticism and concerns relating to the appearance of the building and the impact on the neighbouring property.
GRANT
18.SL/2009/1092 GRANGE OVER SANDS: 10 Priory Lane, Kents Bank. Demolition of dwelling and erection of two dwellings. 79 28.1.2010 Planning
(Stephenson and Minkowski Development Ltd)
Strong objections that had been received from the occupiers of the property immediately adjacent to the site were reported to the Committee. Concerns had been raised relating to plot widths and the proximity of the development to their property.
The Development Control Manager reported that the originally submitted plans had contained inaccuracies relating to plot widths on Priory Lane and that the site plan had failed to show the neighbour’s porch. This along with details of the proposed dormer had been corrected by the applicants. With regards to the impact on the neighbour’s side window, Members took account of its secondary nature, due to there being larger windows to the rear in the direction it was orientated, and that the loss of views from the window could not be considered to be material.
On balance, it was felt that the proposed dwellings would be appropriately sited and the development would be an efficient use of the land.
GRANT – Subject to the conditions detailed in the Schedule and an additional condition (suitably worded) relating to the amended plans.
P/111 ENFORCEMENT ACTIVITY FROM 2 TO 27 NOVEMBER 2009
Members were presented with a report on enforcement activity between 2 November and 27 November 2009. Twenty-five outstanding cases from the enforcement caseload had been resolved. Twenty-three new complaints had been recorded and were being investigated, of which 5 had been resolved.
09.388 – Sampool Caravan Park, Levens, Kendal, Cumbria, LA8 8EQ
A large, illegal directional advert sign had been erected at the junction of the A590 with Sampool Lane. The owner of the above caravan park had been written to detailing the offence and requested to remove the sign to avoid legal proceedings. A response had been received stating that the sign would remain and an application would not be submitted. Members noted that there was also a second unauthorised sign on the photograph presented and requested that this also be taken into account.
09.315 – 2 Millbrow, Plato Harrison Fine Wines, Kirkby Lonsdale
Members’ authorisation was sought for the removal of an illuminated sign which had been erected without the appropriate Advertisement and Listed Building consents. Lighting that had been introduced was considered acceptable.
RESOLVED – That
(1) the report be received; 80 28.1.2010 Planning
(2) in respect of Case Ref 09.388: Sampool Caravan Park, Levens, Kendal, Cumbria, the Corporate Director (Monitoring Officer) be authorised to commence legal proceedings in the Magistrates Court to prosecute; and
(3) in respect of Case Ref 09.315: 2 Millbrow, Plato Harrison Fine Wines, Kirkby Lonsdale, the Corporate Director (Monitoring Officer) be authorised to take all necessary enforcement action to remove the unauthorised sign and secure a more acceptable alternative.
P/112 APPLICATIONS CONSIDERED PREVIOUSLY BY THE PLANNING COMMITTEE AND DETERMINED BY THE CORPORATE DIRECTOR (COMMUNITIES) BETWEEN 11 DECEMBER 2009 AND 18 JANUARY 2010
RESOLVED – That the report be noted.
P/113 APPEALS UPDATE AT 18 JANUARY 2010
The Committee was informed that a decision regarding Kendal Rugby Club - SL/2008/1219 and Land at Sillfield, Gatebeck – SL/2008/0900 had not yet been received. The Development Control Manager undertook to notify Members on receipt of a decision notice.
RESOLVED – That the report be noted.
P/114 RESIDENTIAL MONITORING FOR THE PERIOD 1 APRIL 2009 TO 31 MARCH 2010 (3RD QUARTER REPORT)
RESOLVED – That the report be noted.
P/115 APPLICATIONS DETERMINED BY CUMBRIA COUNTY COUNCIL
RESOLVED – That the report be noted.
The meeting ended at 2.40 p.m.