SOUTH LAKELAND DISTRICT COUNCIL South Lakeland House, Kendal, Cumbria LA9 4UQ www.southlakeland.gov.uk
You are requested to attend a meeting of the Planning Committee on Tuesday, 27 January 2009, at 10.00.a.m. in the District Council Chamber, South Lakeland House, Kendal
Note – Plans will be available for inspection in the Council Chamber from 9.15 a.m. on the morning of the meeting.
Committee Membership Councillors Alan Baverstock Jane Carson Brian Cooper Jackie Cooper Joss Curwen Colin Davies Sheila Eccles Sylvia Emmott (Vice-Chairman) Clive Graham Brenda Gray Frank Hodson Janette Jenkinson Sonia Lawson Paul Little (Chairman) Ian McPherson Maureen Nicholson Brian Wilkinson David Williams 19 January 2009 Debbie Storr, Executive Director (Central Services)
For all enquiries, please contact:- Committee Administrator: Janine Jenkinson Telephone: 01539 733333 Ext.7493 e-mail: [email protected]
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2 AGENDA Page Nos. PART I 1. APOLOGIES To receive apologies for absence, if any. 2. MINUTES 5 - 10 To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 18 December 2009 (copy attached). 3. DECLARATIONS OF INTEREST To receive declarations by Members of personal and prejudicial interests in respect of items on this Agenda. If a Member requires advice on any item involving a possible declaration of interest which could affect his/her ability to speak and/or vote, he/she is advised to contact the Monitoring Officer at least 24 hours in advance of the meeting. 4. LOCAL GOVERNMENT ACT 1972 – EXCLUDED ITEMS To consider whether the items, if any, in Part II of the Agenda should be considered in the presence of the press and public. 5. PUBLIC PARTICIPATION Any member of the public who wishes to ask a question, make representations or present a deputation or petition at this meeting should apply to do so in writing by noon on the day before the meeting. Information on how to make the application can be obtained by viewing the Council’s Website www.southlakeland.gov.uk or by contacting the Democratic and Member Services Manager on 01539 717440. (1) Planning Applications Planning applications for which requests to speak have been made. (2) Agenda Items Agenda items for which requests to speak have been made. 6. REPORT OF THE CORPORATE DIRECTOR (COMMUNITIES) 11 –14 (1-31) To determine planning applications received. 7. A REPORT ON ENFORCEMENT ACTIVITY FROM 24 NOVEMBER TO 15 -20 19 DECEMBER 2008 To inform Members about enforcement activity. 8. RESIDENTIAL MONITORING FOR THE PERIOD 1 APRIL 2008 TO 21 - 32 31 MARCH 2009 (3RD QUARTER REPORT 1 APRIL - 31 DECEMBER 20) To inform Members about residential permissions in comparison with the North West Regional Spatial Strategy (RSS) requirement. 9. APPLICATIONS CONSIDERED PREVIOUSLY BY THE PLANNING 33 - 36 COMMITTEE AND DETERMINED BY THE CORPORATE DIRECTOR (COMMUNITIES) BETWEEN 8 DECEMBER 2008 AND 15 JANUARY 2009 To note the decisions made by the Corporate Director (Communities) 10. APPLICATIONS DETERMINED BY CUMBRIA COUNTY COUNCIL 37 - 38
3 To inform Members of the applications determined by Cumbria County Council. 11. APPEALS UPDATE AT 15 JANUARY 2009 39 - 50 To provide Members with information about the receipt and determination of planning appeals. PART II Private Section (exempt reasons under Schedule 12A of the Local Government Act 1972, as amended by the Local Government Act (Access to Information) (Variation) Order 2006, specified by way of paragraph number) There are no items in this part of the agenda.
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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 18 December 2008, at 10.00 a.m.
Present
Councillors
Paul Little (Chairman) Sylvia Emmott (Vice-Chairman)
Jane Carson Brian Cooper Joss Curwen Colin Davies Sheila Eccles Frank Hodson Janette Jenkinson Ian McPherson Brian Wilkinson David Williams
Apologies for absence were received from Councillors Alan Baverstock, Clive Graham, Brenda Gray and Sonia Lawson.
Officers
Sandra Fenwick Senior Solicitor Nick Hayhurst Planning Officer Eleanor Huddleston Planning Assistant Barry Jackson Planning Officer (part) Janine Jenkinson Democratic Services Officer Andy Roe Development Control Manager
P/098 MINUTES
It was pointed out by Councillor Sylvia Emmott that Councillor Brenda Gray had declared a personal and prejudicial interest in Minute P/090 (Planning Application No. SL/2008/1018), and had left the Council Chamber during the discussion and voting thereon.
RESOLVED – That, subject to the inclusion of the amendment as set out above, the Chairman be authorised to sign, as a correct record, the minutes of the meeting of the Committee held on 27 November 2008.
P/099 DECLARATIONS OF INTEREST
RESOLVED – That it be noted that the following declarations of interest were made:-
(1) Councillor Cooper – Minute P/102 (Planning Application No.SL/2008/1021); and
(2) Councillor Jenkinson – Minute P/104 (Planning Application No.SL/2008/1037).
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P/100 LOCAL GOVERNMENT ACT 1972 – EXCLUDED ITEMS
RESOLVED – That it be noted that there were no items in Part II of the Agenda.
P/101 PLANNING APPLICATIONS
The Development Control Manager submitted a Schedule of Planning Applications and his recommendations thereon.
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/102 COMPLEX PLANNING APPLICATIONS
RESOLVED – That the following applications be determined in the manner set out:-
1. SL/2008/0972 PRESTON PATRICK: Barn adjacent to Warth Farm, Preston Patrick, Milnthorpe. Conversion of redundant barn to single dwelling and installation of sewage treatment plant. (Mr C Nicholson)
The Planning Officer advised the Committee that the building was structurally sound and in light of the recent reinstatement of the Local Plan Policy H12 this scheme could be utilised to meet local housing need.
Strategic Director (Customer Services) to GRANT subject to:-
(1) a Section 106 Agreement to control occupancy and to secure the removal of the unauthorised residential caravan; and
(2) appropriate conditions.
2. SL/2008/1016 KENDAL: 106 Burneside Road, Kendal. Single dwelling (resubmission SL/2008/0668) (Mr Hayton)
A site visit had taken place and Members had now had the opportunity to asses the relationship and proximity of the proposed application on the neighbouring property.
It was reported that a additional letter of objection had been received from the owners of 108 Burneside Road, outlining their concerns and personal circumstances. The Development Control Manager advised the Committee that these issues had been taken into consideration, nevertheless on balance the
6 69 18.12.08 Planning
impact was not considered to be so great as to warrant refusal.
REFUSE – due to the overbearing influence and overshadowing of adjoining property.
4.SL/2008/1027 BARBON: Parsons Hill, Barbon. Extensions. (Mr & Mrs D Maloney)
Consideration of this application had been deferred at last month’s Committee meeting to enable Members to visit and asses the site
The Planning Officer reported that a letter had been received from the Architect, raising objections regarding the information presented in the agenda report. A full copy of the letter is available on the Planning Services file.
REFUSE – due to the overbearing influence and oppressive impact created by the two storey extension on the north east elevation.
Note – Councillor Brian Cooper declared a personal and prejudicial interest in the following item of business by virtue of being a member of the Building Sub - Committee. He left the Council Chamber during the discussion and voting thereon.
3. SL/2008/1021 HOLME: Land adjacent to Milnthorpe Road (Festival Field), Holme. Erection of community centre / multi – purpose sports hall facility and use of land for sports and recreational use. (Holme & District Sports & Social Centre Management)
A picture demonstrating the type of roofing material to be used was circulated. Members welcomed the application and felt the facility would be beneficial to the area.
GRANT – subject to conditions as set out in the Schedule (suitably worded) and an additional condition to cover the amendments made to correct the plans.
P/103 STRAIGHTFORWARD PLANNING APPLICATIONS
RESOLVED – That the following applications be determined in the manner set out:-
10. SL/2008/1086 KIRKBY LONSDALE: 7 Harling Bank, Kirkby Lonsdale. Two storey & single storey extension (revised scheme SL/2008/0507) (Mr D Robinson)
The Development Control Manager advised the Committee that the alterations to the application had addressed the previous reasons for refusal and the main issue for consideration was whether the impact of the proposal on the adjoining properties
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was deemed acceptable.
GRANT – subject to the appropriate conditions and including amendments made to the plans.
Note – Councillor Janette Jenkinson declared a personal interest in the following item of business by virtue of being Chairman of Ulverston Town Council.
P/104 COMPLEX PLANNING APPLICATIONS
RESOLVED – That the following applications be determined in the manner set out:-
5. SL/2008/1037 ULVERSTON: Land at Cross Lane, Ulverston. Erection of six industrial starter units. (Mr N Bowman, Cumbria Design Scaffold)
The Environment Agency had requested further information relating to Flood Risk and drainage before they could approve the proposal. The Planning Officer anticipated that a technical solution could be sought but would need to be agreed with the Environment Agency, United Utilities and the Councils Drainage Officer.
Strategic Director (Customer Services) to GRANT subject to the submission and agreement of an appropriate drainage scheme.
6.SL/2008/1061 GRANGE OVER SANDS: Land off Grange Fell Road, Grange – over – Sands. Eleven dwellings including access road. (Two Castle Housing Association)
The Planning Officer updated the Committee on the consultation response received from Grange Town Council. Concern had been raised regarding the loss of car parking provision. Grange Town Council had requested that a thorough drainage investigation be undertaken and had commented that the design was bland and that they had hoped for a more sympathetic and appropriate scheme.
Strategic Director (Customer Services) to GRANT subject to a Section 106 Agreement to control housing occupancy and conditions as set out in the Schedule.
7. SL/2008/1073 URSWICK: Causey Wood Bungalow, Great Urswick, Ulverston. Extensions and alterations and siting of wind turbine for domestic and agricultural use. (Mr Storey Sharp)
Members elected to defer a decision in order to undertake a site visit.
DEFER for site visit
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8.SL/2008/1077 KENDAL: Land at the Mount, 90 Burneside Road, Kendal. Demolition of garage and erection of dwelling with associated access. (Mr & Mrs Peter Remington)
The Development Control Manager advised Members that the scheme was considered to be a suitable use of the site and related well to its surroundings. The Highway Authority’s objections to the access position would not be sustained as a reason for refusal and subject to suitable controls, the building could be sited so as to minimise its impact on the protected trees.
The dwelling was set at an appropriate distance from homes on Burneside Road and Members had specially looked at this at the site visit.
GRANT outline Planning Permission subject to appropriate conditions (suitable worded) to cover Reserved Matters, local occupancy, details of foundation design, no side windows serving hospitable rooms, retention of existing store boundary walls, tree protection measures during construction, no trees to be removed unless agreed, and agreement to site/ boundary levels.
9.SL/2008/1103 GRANGE OVER SANDS: Low Fell Gate Farm Caravan Park, Cartmel Road, Grange over Sands. Revised site layout, use of land to north, connection of all caravans to mains drainage, raising of road level on eastern access road and creation of storage area. (Mr & Mrs John & Carol Wilkin)
It was reported that Grange over Sands Town Council had raised concerns regarding drainage, tree protection and the proximity of the caravans to neighbouring properties and the potential for over looking.
Natural England had highlighted the presence of slow worms and adders. Consequently a reptile survey had been undertaken and Natural England had confirmed they were satisfied that appropriate measures were in place.
Strategic Director (Customer Services) to GRANT subject to the removal of Plots 30 and 31 from the application and appropriate conditions as set out in the Schedule.
P/105 STRAIGHTFORWARD PLANNING APPLICATIONS
RESOLVED – That the following applications be determined in the manner set out:-
11. SL/2008/1137 LEVENS: Woodcroft, Levens, Kendal. Single storey front extension. (Mrs Julie Marsh)
GRANT – subject to the conditions set out in the Schedule.
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P/106 ENFORCEMENT ACTIVITY FROM 20 OCTOBER TO 21 NOVEMBER 2008.
08.345: Holme House Farm, Skelsmergh, Kendal
Members were requested to authorise all necessary enforcement powers to seek the removal of the unauthorised caravans, chalets and other structures and to reinstate the land.
RESOLVED – That
(1) the report be noted; and
(2) in respect of Case Ref 08.345, Holme House Farm, Skelsmergh, Kendal, the Executive Director (Central Services) be authorise to take all necessary enforcement action to secure the removal of the unauthorised caravans, chalets and other structures and to reinstate the land.
P/107 OUTSTANDING ENFORCEMENT CASELOAD BETWEEN 1 JANUARY 2004 AND 21 NOVEMBER 2008
RESOLVED – That the report be noted.
P/108 APPLICATIONS CONSIDERED PREVIOUSLY BY THE PLANNING COMMITTEE AND DETERMINED BY THE STRATEGIC DIRECTOR (CUSTOMER SERVICES) BETWEEN 18 NOEVEMBER AND 7 DECEMBER 2008
RESOLVED – That the report be noted.
P/109 APPEALS UPDATE AT 7 DECEMBER 2008
RESOLVED – That the report be noted.
The meeting ended at 12.35
10 AGENDA ITEM NO …………………
SOUTH LAKELAND DISTRICT COUNCIL
From: Corporate Director (Communities) To: Planning Committee – 27 January 2009
REPORT OF CORPORATE DIRECTOR (COMMUNITIES)
PLANNING APPLICATIONS FOR DECISION Page No
Index
Schedule A - Complex planning applications 01 – 23
Schedule B - Planning applications where the Corporate Director 24 - 26 (Communities) is seeking authority to determine
Schedule C - Applications relating to Listed Buildings None
Schedule D - Advertisements None
Schedule E - Development by South Lakeland District Council and None Cumbria County Council
Schedule F - Straightforward planning applications 27 - 31
Schedule G - All other submissions None
Background papers relating to the subject matter of the report For all items the background papers are contained in the files listed in the second column of the schedule index.
Note: The background papers may be inspected at the offices of the Corporate Director (Communities), Lowther Street, Kendal, Cumbria
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12 SOUTH LAKELAND DISTRICT COUNCIL PLANNING COMMITTEE – 27 January 2009
SCHEDULE REFERENCE SECTION SITE ADDRESS NUMBER NUMBER & PAGE No.
ARNSIDE 5 SL.2008.1122 A (13) 2 Parkside Drive
CASTERTON 7 SL.2008.1127 A (19) Braeslacks Farm
KIRKBY IRELETH 6 SL.2008.1126 A (16) Bell Hall Farm, Kirkby in Furness 9 SL.2008.1201 B (24) Grizebeck Village Hall
LOWER HOLKER 10 SL.2008.1196 F (27) The Stores / Storr House, Winder Lane, Ravenstown, Flookburgh
LUPTON 4 SL.2008.1118 A (10) Beckside Barn 8 SL.2008.1133 A (21) The Old Barn, Cow Brow
PENNINGTON 2 SL.2008.1109 A (4) Site to north west of Uplands Bungalow, Lindal
SKELSMERGH 3 SL.2008.1114 A (7) High Thorn Farm, Selside
URSWICK 1 SL.2008.1073 A (1) Causey Wood Bungalow
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SCHEDULE A
Planning Applications
1 SL/2008/1073 URSWICK: CAUSEY WOOD BUNGALOW, GREAT URSWICK, ULVERSTON PROPOSAL: EXTENSIONS AND ALTERATIONS AND SITING OF WIND TURBINE FOR DOMESTIC AND AGRICULTURAL USE MR STOREY SHARP
27/01/09 E326454 N474668
SUMMARY: The proposed extensions to the bungalow are acceptable in terms of scale and design. The wind turbine raises issues with regards to visual and noise impacts. A site visit will have aided Members assessment of these issues.
URSWICK PARISH COUNCIL: No objections.
ENVIRONMENTAL PROTECTION MANAGER: The documents that have been submitted are inadequate. A full noise report undertaken by a competent noise engineer/consultant should be required which indicates noise levels from the turbine measured at the nearest properties, details of wind speeds in the area proposed and also at different distances and wind speeds.
OTHER: Three letters of objection have been received from the occupiers of the residential properties which raise the following concerns: • adverse visual impact and visual prominence in the landscape; • inadequate information has been provided on noise impacts; • the turbine may have flashing/flickering effects; • potential impact on television reception in the locality; • impact on residential amenity; • potential impacts on birds – the turbine will be located close to the flight path of wild birds.
HISTORICAL CONTEXT: Planning permission was approved for the erection of an agricultural building on the land in front of the farm complex in 2007.
DESCRIPTION AND PROPOSAL: This application was deferred at the last meeting to enable Members to visit the site. Planning permission is sought for various alterations and extensions to the existing bungalow and also for the siting of a wind turbine adjacent to the farm buildings. The proposed extensions involve the addition of a new conservatory extension on the rear elevation and an extension to two existing bungalows on the side elevation. The extensions will be constructed of traditional materials. It is also proposed to convert the existing garage into a utility room and also to install a glazed canopy around the periphery of the eastern half of the bungalow facing the open fields. The proposed wind turbine is to be sited approximately 30 metres to the west of the bungalow and is to be 12 metres in height to the top of the tower. The blades are to be 8 metres in diameter. The turbine is to be used to generate power that is to be used by both the farm and the domestic property.
POLICY ISSUES: Policy S2 of the South Lakeland Local Plan sets out the Design Code for South Lakeland. Local Plan Policy C25 relates to renewable energy proposals. It states: Proposals for renewable energy generation projects based on resources derived from natural physical processes, or biological activity or from waste products will be favourably considered where: (a) The energy generation and other benefits outweigh any identified environmental impact; and (b) The proposals are consistent with established best practice. Policy C26 of the Local Plan sets out the criteria that all wind energy development should be judged against. It states that the proposal should not have an adverse impact on the amenity of residential properties by reason of visual impact, noise, shadow flicker and reflected light. The visual impact of the turbine within the landscape is also a key consideration. Policies DP7 and EM1 of the North West of England Plan (RSS to 2021) seek to protect the character and appearance of the rural landscape. Government policy and guidance specific to renewable energy is contained in Planning Policy Statement (PPS)22 (Renewable Energy), the companion guide to PPS22 and the supplement to PPS1 (Planning and Climate Change).
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 existing bungalow is of a simple form. The proposed extensions and alterations are acceptable in terms of scale and design and will improve the appearance of the building.
2 Although the proposed turbine is modest in scale it is to be sited away from the main building group and will inevitably exert a visual influence in the landscape. Its impact will be reduced if it is seen in conjunction with the farm buildings in longer distant views. The applicant has indicated that it would be possible to re-site the turbine nearer to the existing building group but this would result in a larger turbine in order to generate the same amount of energy as the proposed location. It is estimated that the turbine would have to be 18 metres high rather than the 12 metres currently proposed. Members visit to the site will have enabled them to form their own views on whether this is an appropriate site for the installation of a wind turbine. Local residents have also raised noise from the turbine as a concern. The turbine will be approximately 60 metres away from the nearest residential property. The applicant has been asked to provide a full noise assessment so that the impact of a turbine in this location can be adequately assessed. The Environmental Protection Manager’s comments will be required on this matter. At the time of writing the report this assessment had not been received.
RECOMMENDATION: The Corporate Director (Communities) to report on the siting and noise issues.
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2 SL/2008/1109 PENNINGTON: SITE TO NORTH WEST OF UPLANDS BUNGALOW, LINDAL, ULVERSTON PROPOSAL: GENERAL PURPOSE AGRICULTURAL BUILDING MRS JEANETTE BENNETT
27/01/09 E326800 N476622
SUMMARY: This application raises issues with regards to the justification for the provision of an agricultural building on this small area of land and the precedent that it may cause locally.
PARISH COUNCIL: The Council considers the building to be large for its intended use and also has concerns on its future use. The building will not be sympathetic to its surroundings. The access to the building is restricted as the lane is shared between residents and the field, which is very narrow and has poor visibility from the A590. This development would lead to an increase in traffic especially by larger vehicles. The Council also feel that this development would set a precedent for the owners of surrounding fields. A building already exists on the site, which does not have planning permission. The amended plan does not alter the Parish Council’s view.
OTHER: Two letters of objection have been received which raise the following concerns: - the access to the site is via a dangerous junction onto the A590. The track is also single lane; - the building is excessive in scale and will impact upon the character and appearance of the locality; - the building is not justified when compared with the applicants land ownership and agricultural needs; - approval of this application will set a precedent for similar development within the adjoining fields. The six nearest fields are all within separate ownership following their sale at an auction in 2006.
DESCRIPTION AND PROPOSAL: This application relates to a triangular piece of land which flanks the A590 adjacent to the cross roads near High Carley. The land is currently occupied by a stable building and is used for the keeping of both horses and sheep. There is also another small building on the site boundary that is used for agricultural purposes that has been constructed without planning permission.
4 Planning permission is now sought for the erection of an agricultural building, which is to be erected in the northeast corner of the site. The building is to replace the existing stable building and is to be constructed of dark green profile sheeting. It was originally to be 18 metres long and 9 metres wide although it has now been reduced by 4.2 metres in length following negotiations with the applicant’s agent. Access is to be achieved off an existing single-track lane, which joins onto the A590. This track also serves an existing bungalow. The applicant intends to use the building and land for agricultural purposes in addition to the keeping of horses.
POLICY ISSUES: Policy S23 of the South Lakeland Local Plan permits agricultural buildings where they have no significant adverse impact on visual and residential amenity or local nature conservation interests. The Policy also states that the Council should have full regard to the operational needs of agricultural businesses.
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 issues raised by this application relate to the scale and type of building proposed, especially with regards to the operational needs of the applicant’s agricultural holding. The application site only comprises of approximately six acres. However the applicant does farm 30 acres in the Lindal/Marton area. In addition to her horses she also has 60 breeding ewes which when in lamb can give a total of 180 sheep and has 20 hens. The applicants agent has confirmed that this building, if permitted, would constitute the only building associated with the holding. Following negotiations with the applicant’s agent the building has been reduced in size in an attempt to reduce its visual impact and also reflect the operational needs of the applicant’s small agricultural holding. It is anticipated that the building would provide a flexible space, which could be divided at different times of the year in order to facilitate the use of the building for both horses and sheep. The stable building, which currently occupies the site, does not require planning permission, as it is a moveable structure. This structure already has an impact within the local area. The applicant has agreed that the stable would be re-housed within the agricultural building if permission were granted. It would also be appropriate to seek the removal of the other unauthorised building that occupies the site as part of any permission. This would reduce the clutter on the site and could be achieved by the use of an appropriately worded condition. Members will note that both the Parish Council and two local residents have raised precedent as an issue. In 2006 a large portion of agricultural land in this area was sold off in lots. There are six other pieces of land of a similar size to this site that are owned by private individuals and are currently used for agricultural purposes. Whilst this local view is understandable precedent could only be argued if there was an identical situation to this one. In this case the applicant does own other land and constitutes a larger holding in excess of the application. The existing situation is also a relevant consideration. Although the proposed building is larger than the stable block it will be sited within the corner of the field and will be viewed from the south against a backdrop of an existing mature hedgerow. This will reduce its impact within the landscape. Given this and the current situation on the site the building that is proposed is considered to be an appropriate solution which will remove an unauthorised building, a moveable structure and also allow controls to be applied which will prohibit further structures being sited on the land without planning permission.
5 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) Within 28 days from the date when the building hereby permitted is first suitable for occupation the existing stable structure shall either be re-sited within the building or permanently removed from the site. Reason (2) For the avoidance of doubt and in the interests of visual amenity.
Condition (3) Within 28 days from the date when the building hereby permitted is first suitable for occupation the existing unauthorised building on the northern boundary of the site shall be permanently removed from the land. Reason (3) For the avoidance of doubt and in the interests of visual amenity.
Condition (4) Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995 as amended, (or any Order revoking and re-enacting that Order) no other building or structures shall be sited on the application site without the express written consent of the Local Planning Authority. Reason (4) For the avoidance of doubt and to ensure that any further buildings or structures on the site are strictly controlled to ensure that they do not adversely affect the character of the area.
Condition (5) Prior to the commencement of any development on the site a sample of the profile sheeting to be used on both the roof and the walls shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details at all times thereafter. Reason (5) 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 in accordance with Policy S23 of the South Lakeland Local Plan.
REASON FOR GRANTING PLANNING PERMISSION The proposed agricultural building is modest in scale and of an appropriate design in accordance with Policy S23 of the South Lakeland Local Plan.
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3 SL/2008/1114 SKELSMERGH: HIGH THORN FARM, SELSIDE, KENDAL PROPOSAL: ERECTION OF 4 TIMBER FRAMED CABINS FOR USE AS HOLIDAY ACCOMMODATION, INCLUDING NEW CAR PARKING AREA AND PEDESTRIAN ACCESS MR RICHARD OATES
27/01/09 E352836 N498715
SUMMARY: Despite the reduction in scale and improved design compared to the previous application for the site, concerns remain about the impact on the local landscape and the lack of current, effective screening. REFUSE.
SKELSMERGH PARISH COUNCIL: While initially appearing low key, closer study shows an adverse impact on the conservation of the rural landscape. Design not in keeping with local housing. The cumulative impact of more chalets / caravans in the Selside area is contrary to Policies T6 and E10 of the South Lakeland Local Plan.
CUMBRIA HIGHWAYS: The access and parking must be provided before the use is commenced and thereafter retained.
ENVIRONMENT AGENCY: No comments to make.
SLDC ENVIRONMENTAL PROTECTION MANAGER: No comments received.
SLDC BUILDING CONTROL MANAGER: No comments received.
UNITED UTILITIES: No objections. The developers would need to comply with United Utilities standard working conditions in the vicinity of aqueducts, casements and installations.
CAMPAIGN TO PROTECT RURAL ENGLAND – CUMBRIA ASSOCIATION: The reduction in the number of cabins is noted. There are still concerns about the isolated and ex[posed location and the poor shelter of existing screening. Object.
7 HISTORICAL CONTEXT: At its meeting on 29 May 2008 the Committee refused permission for 8 timber holiday cabins on this site. It was considered that the proposed eco-cabins would be open to view and detrimental to the high quality of the landscape and thus contrary to Policies E10 and T6 of the Local Plan and Policies E36 and 37 of the Structure Plan. It may be recalled that in this area to the north-east of Kendal caravan/chalet sites have been granted and developed at Poppy Farm, Bouthwaite, Top Thorn, Patton Hall and Hill Top.
DESCRIPTION AND PROPOSAL: High Thorn Farm lies to the east of the A6 on the road leading from the hamlet of Watchgate to the Watchgate Water Treatment Works. The application site is between 90-200 metres east of the farmstead in a hollow occupied by a small tarn. There are existing mature trees on the east bank which slopes up to the minor road leading to Selside Hall and School and the scattered farms and cottages to the east. To the north of the tarn another road connects this first lane to Watchgate. The current application proposes four architect-designed timber cabins with planted roofs of sedum. These are shown to be sited on the northern edge of the tarn below the level of the lane to Watchgate. In this location they would not impinge on the mature trees. It is said that the Forestry Commission is to plant the field around the tarn with deciduous trees. There would be no vehicle access or parking beside the cabins. A pedestrian access route from parking space at the farmstead to the cabins is shown in the form of a timber boardwalk which would allow disabled access. The cabins themselves would be approximately 5 metres by 10 metres (16ft by 32ft). On two of the cabins the roofs would project a further 3 metres (approx 10ft) to cover an external seating area. Internally there would be one living space with a separate sleeping area and a small shower room/composting toilet. The agent has confirmed that the cabins would comply with the definition of a caravan in terms of dimensions, mobility and arriving in two halves. Projecting wood stores and wc’s shown on the original plans would be omitted.
POLICY ISSUES: Policy T4 of the South Lakeland Local Plan states that outside development boundaries new-build, self-catering units will not be permitted. Policy T6 of the Local Plan states that outside the Area of Outstanding Natural Beauty new caravan development be permitted subject to there being no adverse impact on the landscape, the capacity of the local road system and the adequacy of parking and access and the protection of wildlife, archaeological and geological features. Policy E10 of the South Lakeland Local Plan supports farm diversification providing it assists the farming enterprise without impacting on the environment.
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: Clarification from the Agent that the cabins are moveable structures within the definition of a caravan means they are to be considered in relation to Policy T6. Given that four cabins are now proposed and that the design with natural sedum roofs has been improved, it is acknowledged that the impact will not be as great as the earlier application. However the fact remains that the site is at present very open to public view rather than being effectively screened by either the landscape form or existing planting. Past permissions implemented in the parishes to the northeast of Kendal on sites without full screening has had a significant impact and has been subject to criticism. To accept the four cabins on this highly visible site could be seen as a significant diminution of the
8 high quality of this open landscape and thus contrary to the prevailing policies of the Local Plan.
RECOMMENDATION: REFUSE for the reason below: Reason (1) The proposed cabins would not at present, or for many years, benefit from effective screening and in these circumstances their stationing would detract from the highly attractive character of this area of open countryside and the development would therefore be contrary to Policies T6 and E10 of the South Lakeland Local Plan.
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4 SL/2008/1118 LUPTON: BECKSIDE BARN, LUPTON
PROPOSAL: CHANGE OF USE OF WORKSHOP TO LIVE / WORK UNIT MR ANDREW KAY
27/01/09 E357900 N483330
SUMMARY: The residential conversion of this isolated building is inconsistent with the aims and objectives of Policy H12 of the Local Plan. Refuse.
LUPTON PARISH COUNCIL: The Councillors of Lupton Parish Council feel that the further development from solely a workshop to a residence and workshop fro Mr A Kay will be of benefit to the parish and surrounding area. Firstly we feel that it will help bring employment to the area in this present climate of financial difficulties the conversion will employ local builders and craftsmen. Secondly Mr Kay has his workshop and gallery at the site of Beckside Barn and this brings tourism into the area, which can have a beneficial impact upon other local businesses. Lastly there is the issue of local security not only for Mr Kay and his business as it is down a quiet lane it decreases the potential risks to other properties in the area. The building in question has previously been a victim of robbery with the slates being stolen from the roof. Therefore we feel that this application should be looked favourably upon and we suggest the Committee may wish to complete a site visit to see some of the work produced by Mr Kay.
CUMBRIA HIGHWAYS: No objections.
OTHER: Six letters of support have been received in connection with this application. The main reasons advanced in support of the proposal are as follows: • the live / work unit will assist the rural economy. • the development will safeguard jobs and, potentially, will create jobs. • the dwelling, along with the workshop, will make good use of the building. • the combination of domestic and commercial re-use of this type of building will be of great help in re-generating the rural economy.
10 HISTORICAL CONTEXT: Planning permission was refused in February 2000 for the conversion of this barn into a dwelling with workspace (ie a live / work unit). A subsequent appeal was dismissed. In October 2004 planning permission was gained by the present applicant for the use of the building as a workshop.
DESCRIPTION AND PROPOSAL: The applicant specialises in contemporary abstract and figurative sculpture in metal. The works are commissioned by private customers and commercial organisations and are created at the workshop within Beckside Barn, Lupton. Prior to establishing his workshop here, the applicant was based at Tosca Farm, near Kirkby Lonsdale. The building fronts onto a narrow lane which runs south west from the B6254 north of Kirkby Lonsdale. It is a traditional building of stone and slate construction and occupies an isolated position in a wholly rural locality. There are no other buildings in the vicinity of Beckside Barn. The proposed development will comprise a workshop and office together with a three-bedroom dwelling. The applicant lives in Kirkby Lonsdale and makes several trips a day to and from Beckside Barn in order to be able to operate his business. It is argued, on behalf of the applicant, that it would be appropriate for him to live at Beckside given the amount of travelling currently being undertaken and given the need to invest in the building to make it more useful. It is acknowledged by the applicant’s planning consultant that the relevant Local Plan Policy (H12) does not allow for the residential conversion of isolated buildings but it is argued that the proposal does not conflict with the principles of sustainability embodied in Government guidance.
POLICY ISSUES: PPS7 (“Delivering Sustainable Development in Rural Areas”) states that it is Government policy to support the re-use of appropriately located buildings in the countryside where this would meet sustainable development objectives. However, it indicates that whilst residential conversion may be more appropriate in some locations, re-use for economic development purposes will usually be preferable. PPS3 (“Housing”) indicates that, in support of its objective of creating mixed and sustainable communities, the Government’s policy is to ensure that housing is developed in suitable locations which offer a range of community facilities and with good access to jobs, key services and infrastructure. Policy H12 of the Local Plan, which deals with the residential conversion of rural buildings outside villages, has recently been re-instated by the Council. The current proposal is not, however, consistent with the objectives of Policy H12 for the reason that the building is isolated and does not form part of a group containing a dwelling.
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 proposed external works have been designed to keep to a minimum external changes to the building the overall impact of the development would have a detrimental impact on the character and appearance of the surrounding area. The building stands in a very isolated position to the extent that no other buildings are visible from the application site. The landscape is unspoilt and devoid of other buildings and, in this context, the barn is entirely appropriate in terms of its form, materials and use as the applicant’s workspace.
11 In contrast, its conversion to a dwelling, in addition to the workshop, would result in a building of an appearance and function incongruous in this setting. Despite care that has been taken over the design of the conversion the works will involve the installation of window frames, doors and rooflights. Outside, the provision of a curtilage suited to residential occupation would differentiate the site from its surroundings in terms of its appearance and function. The conversion, if permitted, would be of a very different character to its rural surroundings. It is acknowledged that there would be benefits associated with the proposal. It would be convenient for the applicant to have the workshop and residential accommodation under one roof. For instance, the applicant makes several trips a day to and from Beckside in order to operate his business, the design side of which continues to be undertaken at his house in Kirkby Lonsdale. Whilst the barn is adequate as a workshop it is not suitable, in its present state, for office purposes. In support of the proposal, the applicant’s planning consultant concludes as follows: “Whilst the proposal is in conflict with one of the criteria in Policy H12 of the Local Plan, it is not in conflict with the principles behind that policy or with the principles of sustainability embodies in central Government guidance. The Planning Act makes provision for applications to be determined in accordance with the Development Plan unless other material considerations indicate to the contrary. It is considered that the specific nature of this proposal, the relationship of the living accommodation to workspace, and the sustainable characteristics of the joint use are material considerations which point to a different decision that would allow planning permission to be granted without creating any unacceptable precedent.” The fact remains, however, that the building is very isolated and , notwithstanding the benefits of the conversion, its remote location within a landscape devoid of built development is sufficient to justify the refusal of planning permission. The changes to the building together with the accoutrements of residential occupancy would give the site a domestic quality. The barn would no longer appear as an isolated traditional farm building in the open countryside. Members are reminded that the Planning Committee has consistently resisted proposals for the residential conversion of isolated field barns.
RECOMMENDATION: REFUSE for the reasons below: Reason (1) The building is isolated in the open countryside and is not part of a group containing a dwellinghouse. As a consequence, the proposed conversion is not compatible with the aims and objectives of Policy H12 of the South Lakeland Local Plan.
(2) The residential conversion of this building would be harmful to the character and appearance of the surrounding countryside.
12
5 SL/2008/1122 ARNSIDE: 2 PARKSIDE DRIVE, ARNSIDE
PROPOSAL: SINGLE STOREY EXTENSION MR DENIS FLETCHER
27/01/09 E345120.233377129 N478160.025645196
SUMMARY: Members will be updated on the receipt of amended plans. Although the extension has proved to be controversial locally it would have no significantly unacceptable effects on the living conditions currently enjoyed by neighbouring residents.
ARNSIDE PARISH COUNCIL: Comments due on 18.12.2008. No comments received.
OTHER: Four letters of objection have been received from the neighbouring residents making the following comments: - the scale of the extension is too big for this narrow strip of land and so close to the boundary; - the design will result in a gable facing the properties in the cul-de-sac, dominating the space opposite the bungalow across the road. The extension will be obtrusive; - the extension will exert a ‘boxing-in’ and overshadowing effect; - the scheme will result in a loss of privacy to properties in the cul-de-sac because of the new kitchen/dining/living room windows in the south-eastern side elevation so close to the boundary of the property. Neighbours will feel encroached upon; - the extension will lead to a loss of privacy to the adjoining property because the kitchen and dining room windows will abut the shared boundary overlooking their front garden, and the kitchen door in the extension will face the front entrance and dining room of that property; - the extension will exert an overbearing impact on the adjoining property because of its position in front of the dining room window in combination with the ridge height of the extension. It will obscure this property from public view; - the property has already been extended, and this further extension represents an overdevelopment of the site, to the detriment of the character of the estate. The extension is too large for the land upon which it stands; - the close proximity of the doors and windows to the shared boundary will lead to increased noise and disturbance; - overshadowing of properties in the cul-de-sac.
13 DESCRIPTION AND PROPOSAL: The open plan estate upon which the application property is sited consists of bungalows constructed in the mid-1970s. 2 Parkside Drive lies at the entrance of a small cul-de-sac of five properties which are of varying design. The proposal consists of a single storey gable extension to the south eastern side elevation of the property. The extension will project 2.7 metres to within 0.9 metres of the boundary of the site which adjoins garden land in the ownership of the adjoining property, and have a length of 7 metres. The ridge height will match the existing dwelling (4.2 metres). The extension will provide an enlarged kitchen and dining room, and will have two windows in the gable elevation. A doorway into the kitchen is proposed in the rear south-western elevation of the extension which will face the front elevation of 4 Parkside Drive. The extension will have a rendered finish and tiled roof to match the dwelling.
POLICY ISSUES: The Authority has adopted Guidelines on Domestic 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 extension is of a conventional design and constructed of materials which match the dwelling and other properties in the vicinity. The main issues to consider are the impact of the extension on the adjoining properties and the impact of the extension on the character of the locality because of its position adjacent close to the property boundary and the arrangement of the properties in the cul-de-sac. The application site is prominent at the entrance of the cul-de-sac, and has previously been extended to the north-west. The proposal involves enlarging the property further towards the south-eastern boundary of the property. Neighbours are concerned about overdevelopment of the site and a loss of the open character of the cul-de-sac, but the extension is not considered so significant in scale that refusal would be warranted on these grounds. 4 Parkside Drive will be further obscured from public views at the entrance to the cul-de-sac by the extension, but this is not a reason for refusal. Whilst there are two windows in the side elevation of the extension which will be closer to neighbouring properties than the present kitchen window, planting on the neighbour’s land, adjacent to the shared boundary, provides some screening. There is however the question that these rely on somebody else’s land for light and aspect. The windows of the property directly opposite (No 8) and across the head of the cul-de-sac, are more than 25 metres away, although the extension is closer to 6 Parkside Drive. The adjacent property, 4 Parkside Drive will be closest to the development. The elevation of the extension facing the front of this property contains a doorway, and conditions can be applied to prevent the installation of additional windows if necessary to protect the privacy of this neighbour. The extension will be clearly visible from the dining room of this property. The effect on the aspect from this property could be minimised if the roof of the extension were hipped to match the slope of the dwelling. The need for the additional windows close to the boundary of the neighbouring property has also been queried.
14 The outcome of these negotiations will be reported at the Committee meeting.
RECOMMENDATION: Members will be updated at the meeting on the receipt of amended plans.
15
6 SL/2008/1126 KIRKBY IRELETH: BELL HALL FARM, HEAD CRAG, KIRKBY in FURNESS PROPOSAL: WIDENING OF VEHICULAR ACCESS MR JASON KEITH
27/01/09 E323494 N482979
SUMMARY: Proposed works to an existing access in order to improve visibility onto the highway. The application raises issues with regards to the increased visibility of an existing building on the site and also the proposed use of the site for purposes in addition to agriculture.
KIRKBY IRELETH PARISH COUNCIL: The Parish Council believes that this application can only be considered in relation to the other applications and proposals relating to this property. The widening of the entrance is to permit its use by large goods vehicles and trailers. Large vehicles turning out onto the A595 at this point would pose a very serious safety hazard to other road users. The intended use of this exit is to service an agricultural business by means of haulage vehicles, is considered to be an intrusive development, which will alter the outlook and character of the area, and pose a nuisance to local residents. It was a condition of the original application for the agricultural building that hedges should be of a sufficient height to screen the building from view. This proposal will expose the end of the building to view. The Parish Council cannot support this application and believes that it should be rejected.
HIGHWAYS CONTROL OFFICER Visibility splays of 2.4 x 70 metres should be provided at the site entrance. Any existing boundary shall be reduced to a height not exceeding 1 metre above the carriageway level. Any access gates shall be hung to open inwards only.
OTHER: Two letters of objection have been submitted which raise the following concerns: • this is a dangerous stretch of road and its use by larger vehicles is inappropriate and will harm highway safety; • widening the access will not improve visibility;
16 • removing hedgerows will increase the visibility of the suite which is industrial in appearance and has become an eyesore; • the increase in the width of the track will be detrimental to the appearance and character of the footpath; • loss of amenity; • concern that this proposal if approved will lead to further applications for the industrial use of this site.
HISTORICAL CONTEXT: Planning permission was approved for the erection of an agricultural building on the land adjacent to the A595 in 2006. This proposal was approved on condition that the hedgerow flanking the road was allowed to grow to a height of 3 metres in order to provide adequate screening. Once the building had been erected complaints were received from local residents that the site was being used for business purposes. Following investigations it became clear that the site was being used as an agricultural contractors business. An Enforcement Notice was issued in July 2008 to secure the cessation of this unauthorised use. An appeal has now been lodged against this Notice and a hearing is scheduled for 01 March 2009. The owner of the site has recently applied to the Traffic Commissioner for an operator’s licence, which would allow HGVs to be operated from the site. Officers have lodged a written objection to this application.
DESCRIPTION AND PROPOSAL: Planning permission is now sought for a widening of the access lane at the junction of the farm track where it joins onto the A595. The existing lane is 4.1 metres wide and it is proposed to extend this to a width of 5 metres for the first 20 metres of the track off the main road. A 10 metre section of an existing hedgerow on the southern side of the entrance is to be set back to improve visibility. This would enable a visibility splay of 4.5 x 70 metres to be achieved in both directions from the junction. It is not clear from the submitted plan whether this section of hedgerow would also be lowered in height but it is assumed that it would have to be removed and replanted.
POLICY ISSUES: Policies DP7 and EM1 of the North West of England Plan (RSS to 2021) seek to protect the character and appearance of the rural landscape, including the protection of biodiversity and habitats. Policy L10 of the South Lakeland Local Plan seeks to protect existing rights of way from any development that would adversely affect their character.
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 existing access in its current form has served the farm historically for a number of years. The current proposal has been submitted to improve the access to allow the applicant to operate an agricultural contracting business. This use does not have the benefit of planning permission and is currently the subject of an appeal against the Enforcement Notice.
17 The applicant claims that the improvements shown on the submitted plan have been requested by the Highways Control Officer at Cumbria County Council. In his consultation response he has requested visibility splays of 2.4 x 70 metres in both directions. An initial inspection suggests that the existing access already meets this standard. The Highways Control Officer has been asked to review the existing access arrangements to clarify whether this is the case. The applicant requires an operator’s licence in order to use the site for HGVs. The Traffic Commissioner has indicated that the existing access needs further modification in addition to that requested by Cumbria Highways. He has expressed a wish to see the entrance splayed on either side of the track. In order to achieve this he would like to see the hedgerow reduced to a maximum height of 1 metre for a length of between 5-7 metres either side of the entrance. The current proposal as illustrated on the submitted plan would not meet this specification. The existing hedgerows, which flank the access, are important as they provide screening and lessen the visual impact of the agricultural building which occupies the site. Any removal or reduction in the height of this hedgerow would have to be considered very carefully. On the basis of the different views held by the relevant Highways bodies the applicant has been asked to clarify his intentions with regards to the improvement of the existing access. The submitted plan is unclear and it is uncertain whether a section of the existing hedgerow requires removal, lowering in height or a reduction in width. Any response will be reported at the meeting.
RECOMMENDATION: The Corporate Director (Communities) to report on the response of both the applicant and the Highways Control Officer to the extent of the works that are proposed under this application.
18
7 SL/2008/1127 CASTERTON: BRAESLACKS FARM, CASTERTON, PROPOSAL: ERECTION OF AGRICULTURAL BUILDING MESSRS S WILMAN
27/01/09 E362241 N477953
SUMMARY: The proposed building will occupy an exposed, elevated site where it will detract from the character of the surrounding countryside and intrude into its largely open appearance.
CASTERTON PARISH COUNCIL: No objections but the Parish Council has expressed concern over the provision of adequate and appropriate screening.
HISTORICAL CONTEXT: The house known as Braeslacks was built about 20 years ago as a second dwelling on the adjacent Chapel House Farm. Farming activities centred on Chapel House Farm have ceased; the two stone barns have been converted into five dwellings and the more modern farm buildings demolished. 57 hectares of farmland have been retained.
DESCRIPTION AND PROPOSAL: The proposed agricultural building is to be erected on an isolated, elevated site approximately 180 metres to the south east of the former Chapel House Farm. Part of the application site is currently occupied by a polytunnels covering a ground area measuring 18 metres by 9 metres which provides the only shelter for the management of stock on this 57 hectare holding. The proposed building will replace the polytunnels and, as well as housing stock, it will provide cover for bales of have and fodder and agricultural machinery which are currently stored outside. The building is considerably larger than the polytunnels. It has a floor areas measuring 27 metres by 15 metres and stands 6 metres to the ridge and 4 metres to the eaves. The roof is to be covered with sheeting and the walls constructed of concrete panels with timber-boarding above. The building, by reason of its elevated and isolated position will be plainly visible, particularly when viewed from the A65 to the south, Chapel House Lane to the west and the lane to the east. In order to reduce the visual impact of the building the hedge on its southern side is to be maintained at a height of 5.5 metres and a new hedge planted to the south of this feature. A hedge is also to be planted to the west as a continuation of an existing hedgerow.
POLICY ISSUES: Local Plan Policy S23 states that new agricultural buildings will only be acceptable where the proposal has no adverse impact on:
19 a) The visual amenity of the local area, in terms of siting, profile, roof-pitch, and colour: taking into account the need for additional landscaping; b) The amenity of any nearby residential properties; c) Local nature conservation interests. In considering proposals, the District Council will also have full regard to the operation needs of agricultural businesses.
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 building is well away from the residential properties at the former Chapel House Farm to the north west it is isolated in the open countryside and unrelated to any group of buildings. In this position, it will be readily visible and the elevated nature of the site will give added prominence to the building, notwithstanding the proposed retention of the hedgerow to the south and the planting of new hedges. In this regard the building is in conflict with Local Plan Policy S23. The Local Plan policy requires that full regard be had to the operational needs of agricultural businesses. It is stated in the application that the polytunnels which are to be replaced are the only shelter available on this 57 hectare holding for the management of stock. There is no indication, however, whether alternative sites elsewhere on the holding have been considered and this point has been raised with the applicant’s agent.
RECOMMENDATION: The Corporate Director (Communities) will report over whether this is the only site available for the proposed building.
20
8 SL/2008/1133 LUPTON: THE OLD BARN, COW BROW, LUPTON PROPOSAL: EXTENSION TO BUSINESS PREMISES WITH REPLACEMENT PACKAGE SEWAGE TREATMENT PLANT MRS DOROTHY WIGHTMAN
27/01/09 E355477 N481107
SUMMARY: The scale and overall design of the building is appropriate and the extension to the premises is consistent with the relevant Local Plan policy. Grant.
LUPTON PARISH COUNCIL: Comments due by 30 December.
CUMBRIA HIGHWAYS: No comments.
HIGHWAYS AGENCY: To be reported.
KIRKBY LONSDALE AND DISTRICT CIVIC SOCIETY: Whilst we have no reservations regarding the design of this proposal, we do have a concern about the very substantial size of the extension. Such a large complex of linked buildings could be viewed as suitable for more than one enterprise, a sort of “mini retail park”, and we don’t believe that would be appropriate in this location. We would therefore be happier if some way could be found within the planning process to link any permission either to the existing business, or to another single occupier in the future.
HISTORICAL CONTEXT: Planning permission was granted in January 2000 for the use of this former roadside barn as a design studio and workshop. Since then, the applicant has built up a successful interior design business predominantly focused on fabrics and furnishings.
DESCRIPTION AND PROPOSAL: The applicant’s interior design business is housed in a former stone-built barn fronting onto the A65 near to the Plough Inn at Lupton. The business has grown to an extent that it cannot properly operate from within the present building. Containers are used for storage and there are off-site premises in Lancaster. Within the present building there is no separation between storage and
21 display or design and nowhere to meet clients. The proposed extensions will enable the whole business to be conducted from the one site at Lupton. The existing premises, which is on two floors, has a floor area measuring 15 metres by 9 metres. The proposed extension will contain three floors and is L-shaped in plan with a floor area of 22 metres by 9 metres. The existing building will be used as workshop space and for the storage and display of fabrics. The extension will also contain a workshop together with the storage and display of furniture, soft furnishings and fabrics. The design of the extension makes use of the sloping site and, although on three floors, the roof is the same height as the present building. The new building will be gable end-on to the A65 and with is L-shaped plan will result in a form of development grouped around a courtyard. The new building is to be faced with natural stone and roofed with slate.
POLICY ISSUES: Employment related development in rural areas is covered by Policy E7 of the Local Plan which states that: Favourable consideration will be given to suitable employment-related development in rural areas including offices and service sector development where the proposal: a) is of a scale in keeping with its surrounds; b) does not detract from the amenity of residential areas; c) is not detrimental to the character or appearance of the landscape or settlement; and d) does not give rise to unacceptable levels of traffic.
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: It is evident that the business has outgrown the present premises and that additional space is needed. The form, scale, position and materials of the new building are such that it will form a logical and attractive addition and will create a group of buildings around a courtyard. The traditional form and materials will aid the assimilation of the new building into the landscape. In short, the proposal is compatible with the aims and objectives of Policy E7 of the Local Plan. Vehicular access to the parking area behind the present building is direct from the A65 trunk road and consultation is being undertaken with the Highways Agency. Members will be advised verbally of the Agency’s direction, if any, in relation to this application. A bridleway passes through the site from the A65 but neither the route nor the enjoyment of the right of way will be adversely affected. Subject to the Highways Agency’s direction, it is recommended that planning permission be granted for the new building. The conditions to be attached are listed below; it is important to ensure that the buildings are not used for a purely retail use in the future.
22 RECOMMENDATION: GRANT subject to the following conditions: Condition (1) The development hereby permitted shall be commenced before the expiration of THREE YEARS from the date hereof. Condition (2) Retail sales to be ancillary to the use of the building as interior design studios and workshops.
Condition (3) Walls to be faced with stone.
Condition (4) Roof to be slated.
Condition (5) Surfacing material(s) of the carpark to be agreed.
Condition (6) Finished floor levels to be agreed.
23
SCHEDULE B
9 SL/2008/1201 KIRKBY IRELETH: GRIZEBECK VILLAGE HALL, GRIZEBECK PROPOSAL: ERECTION OF REPLACEMENT VILLAGE HALL WITH SEWAGE TREATMENT PLANT MR R GOODSON
27/01/09 E323741 N484898
SUMMARY: The proposed replacement village hall is of a scale and design which is in keeping with the character of the area and also incorporates elements of sustainable design and construction. GRANT.
KIRKBY IRELETH PARISH COUNCIL: Comments to be received by 2 February 2009.
CUMBRIA HIGHWAYS: To be reported.
EVIRONMENT AGENCY: To be reported.
ENVIRONMENTAL PROTECTION GROUP: To be reported.
HISTORICAL CONTEXT: Planning permission was granted in 1990 for the existing car park at Grizebeck Village Hall.
DESCRIPTION AND PROPOSAL: This application relates to the site of the existing village hall which is located to the south west of the main group of dwellings at Grizebeck. The existing building is constructed mainly of wood and has a corrugated metal roof. It is a rectangular shaped building sited adjacent to the road. There is an existing car park to the rear of the building, access to which is next to the south west end of the building.
24 Planning permission is sought for the erection of a new village hall to replace the existing one. The floor area of the existing building is approx. 260 square metres and the proposed hall will be approx. 310 square metres. The new village hall will be sited in a similar position to the existing one, but will be slightly closer to the south west boundary of the site. It will incorporate a main entrance lobby from the car park, a kitchen, storage and meeting room facilities and a vaulted main hall area. The replacement building will be 5.8 metres to the ridge which is an increase of approx. 1.3 metres when compared with the existing building. The replacement building will be constructed from timber with the external colour to be agreed before construction. The roof will be local slate, with six roof lights in the front elevation and four in the rear. There will be a decking area at the rear which will provide a ramped access to the entrance. Behind this will be a grassed area, enclosed by a low stone wall. The existing access will be closed up and the site will be extended to the north east of the existing building to provide the new vehicular access and area for turning and two disabled parking spaces. Landscaping will also be included in this area. A new pedestrian access from the village, across the adjacent land to the north east, will also be provided. As some of the existing parking area is to be lost as a result of the development, the car park is to be extended to the north west, but the number of spaces will remain the same. The materials used in the new vehicular access and car parking will be crushed slate. Low level lighting will be provided on some faces of the building.
POLICY ISSUES: Policy RDF 2 of the Regional Spatial Strategy states that small scale development to help sustain local services, meet local needs or support rural businesses will be permitted in towns and villages defined as Local Service Centres in Local Development Documents which already provide a more limited range of services to the local community. Policy L5 of the South Lakeland Local Plan states that proposals for the multiple use of village halls including the conversion of buildings for social, arts, community and recreational use and for the extension and redevelopment of existing village halls, will be given favourable consideration provided that there is no adverse impact on the landscape or on local amenity, and subject to a satisfactory standard of design, access and parking provision. Policy S2 of the South Lakeland Local Plan sets out the Design Code for South Lakeland.
HUMAN RIGHTS: 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 existing village hall is in a very poor condition having been in use for eighty years, and because of the single glazing and lack of insulation, heating costs have risen sharply and it has become uneconomical to run. The replacement village hall is a modern energy efficient building which incorporates traditional building materials such as slate. The building will be in a similar position to the existing one and will have a slightly larger floor area. The main difference is the height because of the vaulted ceiling. The use of slate for the roof will be in keeping with the character of the area. The colour of building will be agreed prior to construction, but it is likely to be a subtle brown colour. This can be controlled by a suitable condition. A key aspect of the building is its sustainable design and construction. It will be of a sustainable sourced timber construction and modern insulation will help to reduce energy consumption. Where possible it is proposed to use reclaimed materials for structural fill and other relevant uses. It is also proposed to fit a heat recovery system which will allow stale air to be extracted via a heat exchanger which can recover over 75% of the heat energy. Surface water drainage will be recovered using a water harvesting system, providing non-potable water for external taps,
25 dishwashing and toilet flushing. The overflow of the harvesting tank is proposed to dispose to a soakaway located on the site. Foul drainage will be disposed of to a bio-disc treatment plant to be located to the north west of the site. The existing vehicular access is substandard. The new vehicular access, at the north east of the site, will provide increased visibility in both directions when entering and leaving the site which will significantly improve highway safety along this narrow street of classified road. Existing sycamore hedging is to be removed on the southern view line and cut back to accommodate a greater site line to the north. The access and car park will be surfaced with crushed slate, which is a permeable material, in order to prevent increased run off. The alterations to the access and the car park result in a large expanse of hard surface. However, the landscaping area near the new access and the existing Hawthorn hedges should provide sufficient screening for the site. The land does slope towards the rear of the site so some of the hard surfacing would be at a lower level than the building so would be less visible. The stone wall adjacent to the highway will be retained and extended to close off the existing vehicular and pedestrian access, and enclose a new area of planting at the front of site. Stone will also be used along some of the northern boundary of the site. Pedestrian access from the village is proposed by a new 80 metre path linking the hall to the CGP office and Greyhound Pub car park. A bridge is required over an existing stream and will be designed and provided by CGP. The new footpath will greatly improve accessibility to the village hall as the road is narrow and there are no foot paths. As such it is likely to encourage more people to walk to the hall rather than drive. In addition, two disabled parking spaces will be provided close to the hall and a sloping access to the entrance. The new village hall will be a significant improvement on the existing building, both internally and externally and will meet the needs of the local community. As such, the proposal is considered to be acceptable in this location. This application is located under Schedule B as the consultation period does not expire until 2 February 2009.
RECOMMENDATION: The application be GRANTED subject to conditions relating to the following: (1) Standard time limit
(2) Materials
(3) New access created and existing access closed up before work commences
(4) Car parking created before use commences
(5) Drainage installed before use commences
(6) System of surface water drainage
(7) Details of external lighting
(8) Details of landscaping
(9) Details of timber bridge on footpath link
26
SCHEDULE F
Straightforward Planning Applications
10 SL/2008/1196 LOWER HOLKER: THE STORES / STORR HOUSE, WINDER LANE, RAVENSTOWN, FLOOKBURGH, GRANGE over SANDS PROPOSAL: EXTENSION TO STORR HOUSE TO PROVIDE UTILITY AND SHOWER ROOM, AND ERECTION OF NEW DWELLING ON SITE OF FORMER SHOP UNIT MR & MRS TONY HORNBY
27/01/09 E336215.987336189 N475453.125243932
SUMMARY: Justification for the loss of this local shop has been supplied and the proposal would result in a new dwelling of an appropriate scale and design. GRANT
LOWER HOLKER PARISH COUNCIL: No objections.
CUMBRIA HIGHWAYS: Conditions with regard to the provision of visibility splays, surfacing of the driveway and surface water drainage have been requested.
UNITED UTILITIES: No objection subject to the surface water being drained on a separate system.
HISTORICAL CONTEXT: Planning permission was refused for a three storey dwelling on the site by the Planning Committee in August 2008. Members were of the view that the proposal would create an overly large building, which would dominate the street scene when entering Ravenstown, and adversely affect the amenity of the occupiers adjacent residential properties.
DESCRIPTION AND PROPOSAL: The site is located on Winder Lane, Flookburgh on the northern edge of Ravenstown. The site currently consists of a single storey shop building with a parking area to the north of the site and a 2 storey dwelling on the southern corner abutting Jutland Avenue. The site is bound by fields to the northeast and the garden of No.3 Jutland Avenue to the southeast.
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The application is for a revised scheme following the refusal of a three storey dwelling on the site. It is proposed to demolish the store, extend the existing house and build a 2 storey, 3 bedroom dwelling house. Two tandem car parking spaces would be provided for the proposed dwelling and a new parking space accessed from Jutland Avenue would be provided at the front of the existing house.
POLICY ISSUES: Government policy outlined in PPS7 (Sustainable Development in Rural Areas) sets out that planning authorities should support the retention of local services in rural areas, they should set out in their development plans the criteria they will apply in considering planning applications that will result in the loss of important village services. The site is within the Settlement Development Boundary for Ravenstown as designated in the South Lakeland Local Plan. Policy H5 of the South Lakeland Local Plan allows for development of small sites subject to satisfactory density, design, layout, landscaping and access details. Policy H13 of the Local Plan seeks to protect rural facilities. It states that conversion to residential use will be permitted only where the site does not occupy a favourable position in terms of accessibility within the rural area, and where, in addition: (a) loss of the facility would not result in a loss of village vitality; (b) the facility is no longer viable; (c) the property has been marketed for at least 9 months, and a statement of the efforts which have been made to market it and/or to secure re-use supports the application. Policy S2 of the Local Plan seeks to ensure that development is of appropriate design and materials.
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 shop was previously run by the applicants in connection with a market stall in Ulverston and a shop at Tower Wood Camp Site. Following illness the applicant ceased operation of the additional businesses and ran the shop alone with declining profits. Year-end profits fell from £15,853 in 2005, to £11,871 in 2006 and £3,252 in 2007. The accounts indicate that the business had no mortgage or loans outstanding. The property has been marketed for sale between September 2006 and September 2007 by Fisher Wrathall, with and without the house attached but was unsuccessful. Fisher Wrathall has advised that there was interest and a number of viewings but the location of the business, which was dependant upon one small housing estate, discouraged prospective purchasers. Following this period further marketing for lease was carried out by Wilson’s in Grange over Sands. Wilson’s have advised that the business rates required a significant turnover, prior to rents etc. The shop was let for 2 periods between January to May and May to November 2007 but on both occasions the businesses failed. While no accounts are available for these enterprises, a letter has been provided by one operator. He has advised that the shop gave an income of about £100 per week. The majority of customers were from Ravenstown and the business could not compete with major supermarkets that deliver in the area. It should be noted that the site is not convenient for many properties apart from the small estate at Ravenstown. There is also a convenience store in Flookburgh Square, which is understood to be trading well at present.
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The revised scheme proposes to erect a two storey dwelling and single storey extension to the rear of the existing house. The dwelling would be approximately 400mm higher than the existing house and 1.8 metres lower than the adjacent house on Jutland Avenue. The section adjacent to the neighbours garden has also been reduced in height. These revisions to the previously refused scheme are significant. It is considered that the proposed dwelling would be in keeping with the scale of the adjacent properties and provide an attractive feature at the entrance to Ravenstown. The visibility splays requested by the Highway Authority can be provided in the Ravenstown direction but not toward Flookburgh. However, as the area was last used for parking in connection with both the house and the shop, it is considered that the re-use of this area would not adversely affect highway safety. In conclusion, the shop has been adequately marketed and a persuasive justification with regard to non-viability has been provided. It is therefore considered that the criteria relating to the loss of local facilities in Policy H13 has been met. The scale and design of the revised scheme is appropriate in terms of the impact on the appearance of the site and surroundings and the amenities of neighbouring occupiers.
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) The dwelling hereby permitted shall be occupied as the sole or main residence by an Approved Person. In this condition an “Approved Person” shall be deemed to be a person who has immediately prior to such occupation:
(i) been continuously resident in the Locality for three years; or (ii) been permanently employed or has a firm permanent job offer in the Locality; or (iii) been employed in the Locality on a fixed term contract of no less then one year in duration or has a firm job offer in the Locality on a fixed term contract of no less then one year in duration; or (iv) is self employed in a viable business based in the Locality; or (v) has completed a post secondary education course within the past 3 years outside the administrative area of the Council (hereinafter referred to as “the District”) and prior to attending such course lived in the District for a period in excess of 3 years; or (vi) is currently in the Armed Forces, in prison, in hospital or similar accommodation outside the District and for whom such location is beyond their control, and immediately before moving to such accommodation lived in the District for a continuous period of at least 3 years; or (vii) needs to live in the District because he/she is ill and in need of support from a relative who lives within the District; or (viii) needs to live in the District in order to give support a relative who is ill and needs support and lives in the District; or (ix) has spent most of his/her life living in the District and left the District less than 10 years prior to his/her intended first occupation of the dwelling (for this purpose “most of his/her life” shall mean over half of
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his/her life up to the point that he/she left the District, or a continuous period of 20 years up to the point that he/she left the District); or (x) has spent at least 10 years of his/her school education living in the District but has left the District in excess of 10 years prior to his/her intended first occupation of the dwelling; or (xi) is the widow or widower of the previously Approved Person resident in the dwelling; or (xii) in the case of a civil partnership is the survivor of the previously Approved Person resident in the dwelling together with any person living in the dwelling as a member of his/her household. In this condition, of “Locality” shall be deemed to comprise the following: (i) The District; and (ii) the administrative area of the Barrow in Furness Borough Council; and (iii) the administrative area of Shap Parish Council; and (iv) the administrative area of Shap Rural Parish Council; and (v) the administrative area of Orton and Tebay Parish Council; and (vi) the administrative areas of Lancaster City Council excluding the areas of the parishes of Overton, Cockerham, Thurnham, Ellel, and Over Wyresdale.
Reason (2) To ensure that the development is compatible with the objectives of Policy ST11 of the Cumbria and Lake District Joint Structure Plan.
Condition (3) The access drive shall be surfaced and a system of surface water drainage provided in accordance with a scheme which shall first have been submitted to and approved in writing by the Local Planning Authority. Reason (3) In the interest of highway safety.
Condition (4) Notwithstanding the details provided on the application form, a scheme for the discharge of surface water from the site shall be submitted to and approved in writing by the Local planning Authority before development commences. The surface water drainage shall be implemented in accordance with the approved scheme and maintained at all times thereafter. Reason (4) To ensure that adequate surface water drainage is provided and prevent overloading of the mains sewer system.
Condition (5) The external walls shall be completed with a finish of roughcast, being a finish in which the final coat contains a preparation of fairly coarse aggregate thrown on as a wet mix and left rough.
The precise details of the finish of the external walls shall be submitted to and approved in writing by the Local Planning Authority before the necessary work is commenced; the work shall be completed in a manner which will comply in all respects with the details approved in writing by the Local Planning Authority. Reason (5) 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 in accordance with Policy S2 of the South Lakeland Local Plan.
30
Condition (6) The roof shall be covered with flat, slate-type tiles of a colour and texture a sample of which is to be submitted to and approved in writing by the Local Planning Authority. Reason (6) 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 in accordance with Policy S2 of the South Lakeland Local Plan.
REASONS FOR GRANTING PLANNING PERMISSION: (1) The loss of the shop would not adversely affect the vitality of the area, persuasive justification with regard to the non-viability of a shop in this location has been provided and it has been adequately marketed. Subject to restriction of the occupancy to local people, redevelopment of the site for residential purposes will accord with Policies ST7, ST13 and L55 of the Cumbria and Lake District Joint Structure Plan and Policies H5 and H13 of the South Lakeland Local Plan. (2) The proposed dwelling, by reason of the scale, design and proposed materials will enhance the character and appearance of the site and surroundings and will not harm the amenities of nearby residents. The proposal therefore accords with Policies H5 and S2 of the South Lakeland Local Plan.
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SOUTH LAKELAND DISTRICT COUNCIL
Planning Committee
Date of Meeting: 27 January 2009 Part I Report From: Corporate Director (Communities) Agenda 7. Report Author: Mark Balderson Item No: Planning Enforcement Officer Report Title: A Report on enforcement activity from 24 November to 19 December 2008
Summary To inform Members about enforcement activity between 24 November and 19 December 2008. This report aims to provide a brief and informative insight into current enforcement cases. If there are any specific enforcement cases that Members would like to be updated on at the next Planning Committee meeting, please contact Mark Balderson, Enforcement Officer, or Simon Fawcett, Enforcement Assistant. Recommendations That Members note this report. Report
1. Enforcement cases which have been resolved 39 outstanding cases from the enforcement caseload have been resolved between 24 November and 19 December 2008.
2. New enforcement cases Between 24 November and 19 December 2008, 20 complaints have been recorded and are presently being investigated. 6 of these cases have been resolved.
3. Enforcement cases for which Committee consideration is sought 08.347 Biggins Hall, Kirkby Lonsdale In 1989 the building was subject to a planning permission for conversion of farm building to create a single storey farm workers dwelling. The Planning Committee at the time were willing to accept its conversion to a dwelling on the condition that no extensions were involved. The building at the time of conversion was part of the building range to Biggins Hall Farm House a Listed Building. Members may recall recently granting permission for the removal of a condition restricting the dwelling to agricultural workers use only (SL/2008/1035). The Council has received a number of complaints regarding a large dormer structure that has been erected to the roof of the south elevation. It would appear that it is not permitted development. The development is of a scale and appearance, which is not sympathetic to either Biggins Hall or its surrounding buildings. Authority therefore, is sought to take appropriate action in this case.
15 4. An update on enforcement cases involving formal action There are no cases to report.
Alternative Options Not Applicable. Material Considerations Finance The recommendations in this report do not have any cost implications. Risk Risk Consequence Controls required The failure to have an Result in inappropriate forms of To maintain sufficient effective planning development which would have resources in planning enforcement system. an adverse impact on the enforcement and prioritise and character and appearance of the co-ordinate the investigation of District’s rural landscape. breaches of planning control.
Staffing The recommendations in this report do not have any staffing implications. Sustainability This report does not have any registered significant environmental effects. Links to Corporate Plan The control of development is a significant factor in achieving a “High Quality Environment” under Section 3.4 of The Corporate Plan. Links to other Strategic Plan This report has no links to the Strategic Plan. Equalities and Diversity Not applicable. Community Safety The recommendations in this report do not have any community safety implications.
Background Documents Document: Various planning Contact: Mark Balderson, Planning Enforcement Officer or and enforcement Simon Fawcett, Enforcement Assistant files
Date: 20/01/2009 Version No: Amended by: 2 16 APPENDIX A Committee: Planning Date of Meeting: 27 January 2009 Report Title: A Report on Enforcement Activity from 24 November to 19 December 2008
Planning Enforcement Progress Report REF NO. PARISH SITE ADDRESS BREACH/CONTRAVENTION PROGRESS 06/068 ALDINGHAM Low Sunbrick Farm, Aldingham Installation of Upvc windows in Members recently reconfirmed listed building enforcement action. Advice being sought from Conservation Officer. 08/017 BEETHAM Heron Cottage, Shore line Removal of wall and creation of Owner has confirmed the use of vehicle access the access has ceased. Monitoring. 08/207 BEETHAM 3 Watersedge, Shore line Erection of unauthorised balcony Enforcement Notice served 19 to front elevation December 2008, effective 30 January 2009. Compliance date 30 March. 05/060 GRANGE OVER SANDS Blawith Lodge, Windermere Road, Replacement windows Discussions ongoing with new Grange over Sands owner. Works are underway. Monitoring site. 05/232 HELSINGTON Low Chambers Tenement, Siting of static caravan Planning Contravention Notice Brigsteer served.
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REF NO. PARISH SITE ADDRESS BREACH/CONTRAVENTION PROGRESS 05/249 HELSINGTON Low Chambers Tenement, Untidy site Planning Contravention Notice Brigsteer served 07/208 HOLME Land west of Moss Lane Construction of chalet/cabin and Enforcement Notice not complied creation of large pond with, but permission granted for smaller building. Monitoring compliance.
07/156 KENDAL Bridge View, Burton Road, Kendal Creation of extra dwelling unit Enforcement Notice has been served, compliance date 29 March 2009 07/158 KENDAL 276 Valley Drive, Kendal Running Taxi business from Enforcement Notice period domestic premises. expired. Monitoring site for compliance. 07/267 KENDAL Skewmount, High Tenterfell, Decking/structure in Conservation Enforcement Notice served Kendal Area requesting removal of decking and sub-structure, compliance date 29 March 2009. Appeal lodged against Notice. 08/072 KENDAL Lane Head House, Country Hotel, Erection of buildings and untidy Monitoring site for compliance of Helsington. site in agricultural field. condition regarding removal of old loft
Date: 20/01/2009 Version No: Amended by: 4 18
REF NO. PARISH SITE ADDRESS BREACH/CONTRAVENTION PROGRESS 08/132 KENDAL 32 Hawthorn Gardens, Kendal Breach of Section 106 Tenant moved out. Monitoring Agreement. Owner not using sale. property as sole main residence. 08/134 KENDAL 57 Burton Road, Kendal Unauthorised development. Enforcement Notice served Construction of 3 metre wall requesting that they remove all adjacent highway parts of the wall and fence that exceeds 1.2 mtrs above ground level, compliance date 30 March 2009. 08/144 KENDAL Beech Hill Hotel, 40 Greenside, Unauthorised Upvc windows in Enforcement Notice served. Kendal Conservation Area Compliance under negotiation. 08/210 KENDAL 177 Highgate, Kendal. Cash in a Advertisement harmful to Discontinuance Notice to be Dash. Conservation Area served by legal services. 06/329 KIRKBY IRELETH Land adjacent to Bell Hall Farm, Storage of agricultural machinery Enforcement Notice served, Head Cragg, Kirkby in Furness and vehicles within field Notice becomes effective on 9 September 2008. Appeal lodged against Notice. Hearing schedule for March 2009. 08/224 LOWER ALLITHWAITE Blenket Caravan Park, Jack Hill. Unauthorised construction of Enforcement Notice served 16 timber chalets. December 2008 takes effect 27 January 2009. Period for compliance 2 months. 07/025 LOWER ALLITHWAITE Priory Close, Cartmel Internal alteration to Listed Prosecution stayed company Building gone bankrupt. Owners have said they will do the works. Monitoring. Schedule of mitigating works under discussion.
Date: 20/01/2009 Version No: Amended by: 5 19
REF NO. PARISH SITE ADDRESS BREACH/CONTRAVENTION PROGRESS 07/179 NATLAND Millennium House, Natland Unauthorised development. Enforcement Notice served Separation of ancillary building to requesting they cease using the create another planning unit. ancillary building as separate dwelling, compliance date 1 March 2009 04/263 PENNINGTON Whinfield Works, Whinfield Use of site for the storing of scrap Pursuing enforcement action. Ground, Lindal in Furness cars Discussion now in progress with owners to find a solution. 08/041 PENNINGTON Unit 1, Greenmoor Farm, Unauthorised use of unit as Enforcement Notice served. Pennington, Ulverston vehicle repair workshop Appeal lodged against Notice. 08/090 URSWICK Beckside Holdings, between Unauthorised use of agricultural Section 330 Notice served. Scales and Stainton. land. Enforcement powers authorised.
08/345 SKELSMERGH Holme House, Garth Row Lane, Unauthorised development Enforcement powers authorised. Kendal Constructing caravan/chalet Preparing Planning Contravention structures and business uses. Notice.
Date: 20/01/2009 Version No: Amended by: 6 20 SOUTH LAKELAND DISTRICT COUNCIL
Planning Committee
Date of Meeting: 27 January 2009 Part I Report From: Corporate Director (Communities) Agenda 8. Report Author: Lorayne Woodend / Simon Lloyds Item No: Development Plans Team Report Title: Residential Monitoring for the period 1 April 2008 to 31 March 2009 (3rd quarter report 1 April - 31 December 2008)
Summary The purpose of this report is to present the situation at 31 December 2008 with regards to residential permissions within the monitoring period 1/04/08 – 31/03/09, in comparison with the North West Regional Spatial Strategy (RSS) requirement. Recommendation It is recommended that Members note the content of the Report. Report 1. This is the third report within the monitoring period 1/04/08–31/03/09. Appendix 1 provides detailed monitoring figures for the first 3 quarters of this period. This is the first report to monitor housing completions against the requirements of the North West Regional Spatial Strategy (RSS), which was published on 30 September 2008 rather than against the Cumbria Structure Plan requirements.
2. Previously, residential monitoring reports focused on the monitoring of residential permissions against the target of 265 dwelling permissions per year (outside the National Parks) set out in the Cumbria and Lake District Joint Structure Plan 2001 - 2016 adopted in April 2006. Following the publication of the RSS, from now on, residential monitoring reports will focus on monitoring the numbers of houses actually built each year against the RSS target of 400 dwelling completions in South Lakeland (outside the National Parks).
3. The report will continue to include information on residential permissions as this gives an early indication of progress towards and likelihood of meeting completions targets in coming years. However, it must be noted that there is no longer an official target for the number of permissions required. It is estimated that around 10% of residential permissions do not get built and thus in theory there needs to be more dwelling permissions than the completions target requires in order make it possible to achieve the completions target. In light of this, around 440 permissions per year (37 per month) should be achieved, though this is not an official target.
4. Another change resulting from the fact that residential monitoring is now based on the RSS targets is that there is no longer an east - west split of the District with regards the overall
21 targets. However, some targets set out in the Council’s IPATH with regards affordable and local occupancy housing do still relate specifically to the east or west of the District. Residential monitoring reports will continue to provide information on completions and permissions of affordable and local occupancy dwellings. The Cumbria Housing Strategy (2006) sets a separate target of 710 affordable dwelling completions for the period 2006-2011 across South Lakeland, a significant proportion of which will be required in the area outside the National Parks. This amounts to an annual target of 74 completed affordable dwellings.
5. Where there is an over-provision or a shortfall of completions in any monitoring period, this will be accounted for in the target for the following period. As the shift from monitoring against Structure Plan targets to monitoring against RSS targets is being made part way through this monitoring year, it is helpful to assess whether there is a shortfall by considering the actual quarterly and monthly completions and permissions against the averages required to eventually meet the targets rather than against the total requirement. In light of the RSS requirement, 100 completions are required quarterly (an average of 33 per month). In the three quarters covered by this report 106 dwellings were completed, representing less than half of the pro rata RSS requirement of 300 dwellings for this period. The low rate of completions reflects both current market conditions and the limited supply of housing land until adequate long-term provision is made in the forthcoming Allocations DPD of the Local Development Framework.
6. The annual RSS requirement of 400 dwellings means that the Council can no longer demonstrate a 5-year supply of deliverable sites for housing. Under PPS3 Housing, this changes the national policy context, so that the Council must now consider housing applications with a presumption in favour, taking account of relevant policy advice set out in PPS3. In July 2007, Council considered its response to the impending lack of a 5 year land supply and agreed a number of measures to help improve the situation, although the effectiveness of these is likely to be affected by the continuing countrywide downturn in the housing market.
7. This report provides information up to and including quarter 3 and is the third report for this period (1 April 2008 to 31 March 2009). The next report, which will include information for the fourth and final quarter, is due to be brought to this committee on 30 April 2009. Appendix 1 sets out a more detailed analysis of residential monitoring information including completions.
Alternative Options If residential monitoring is not undertaken then the Council will not be able to provide information required in relation to National and Local Performance Indicators with implications for the level of Housing and Planning Delivery Grant received. Material Considerations Not applicable
Finance Not applicable
Risk Risk Consequence Controls required The risk associated with Data gained from residential Permissions data is thoroughly residential monitoring relates to monitoring is used to assess the cross-checked to ensure that the accuracy of the data implementation and residential monitoring is as 22 presented. effectiveness of planning policy accurate as possible and and inform decisions to review continuing improvements are being policy. Monitoring information is made to the monitoring system by also used to justify and if introducing a bespoke database necessary defend decisions in linked to a GIS system to minimise relation to planning applications. any risk inaccuracies such as Accuracy is therefore important double counting. as information can be challenged at examinations and public inquiries.
Staffing Not applicable Sustainability This report relates to the following potential significant environmental effects: • the development of land in the District; • the development of sustainable communities. Links to Corporate Plan The delivery of housing contributes to the delivery of Corporate Plan Priority Objective 2.1 and Local (BV106), L69, NI154, NI159. Links to other Strategic Plans • South Lakeland Sustainable Community Strategy • Cumbria Housing Strategy • Cumbria and the Lake District Joint Structure Plan • Regional Spatial Strategy . Equalities and Diversity Not applicable Community Safety Not applicable Background Documents Document: South Lakeland Interim Planning Contact: Alastair McNeill Approach to Housing Development Senior Development Plans Officer (IPATH). Revised November 2008. North West Regional Spatial Strategy, 30 September 2008
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24 APPENDIX 1
Committee: Planning Committee Date of Meeting: 27 January 2009 Report Title: Residential Monitoring for the period 1 April 2008 to 31 March 2009 (3rd quarter report)
Monitoring Period 1/04/08 - 31/03/09
This is the third residential monitoring report to be presented to the Planning Committee within this monitoring period. This report covers permissions for the period 1 April 2008 to 31 December 2008 (1st, 2nd and 3rd quarters).
1. Overall progress towards RSS Targets within the 1 April 2007 to 31 March 2008 period
Annual Total dwelling Dwelling Projection completions target completions (net) completions towards target (dwelling units) in the above period required in – 9 months remaining 3 months 400 109 291 Target not met Monthly average = Average of 12 per = Average of 97 target = 33 (quarterly month (quarterly 36) per month (for 100) quarter 291)
2. Completions Data
Residential Completions4 1/04/08 - 31/03/09: Q1 Q2 Q3 Q4 Apr May Jun Q1 Total Jul Aug Sep Q2 Total Oct Nov Dec Q3 Total Jan Feb Mar Q4 Total 2008-2009 Totals Brownfield 9 2 1 12 1 32 7 40 3 3 3 9 61 East Greenfield 5 11 0 16 8 0 0 8 0 3 0 3 27 Brownfield 2 6 1 9 0 0 0 0 6 2 3 11 20 West Greenfield 0 0 0 0 0 0 0 0 0 1 0 1 1 Brownfield 11 8 2 21 1 32 7 40 9 5 6 20 81 District Greenfield 5 11 0 16 8 0 0 8 0 4 0 4 28 109
4 Residential completions are inclusive of Affordable completions
25 Affordable Completions 1/04/08 - 31/03/09:
Q1 Q2 Q3 Q4 Apr May Jun Q1 Total Jul Aug Sep Q2 Total Oct Nov Dec Q3 Total Jan Feb Mar Q4 Total 2008-2009 Totals Brownfield 2 0 0 2 0 4 1 5 0 0 0 0 7 East Greenfield 3 4 0 7 8 0 0 8 0 1 0 1 16 Brownfield 0 2 0 2 0 0 0 0 3 0 0 3 5 West Greenfield 0 0 0 0 0 0 0 0 0 0 0 0 0 Brownfield 2 2 0 4 0 4 1 5 3 0 0 3 12 District Greenfield 3 4 0 7 8 0 0 8 0 1 0 1 16 28
Analysis of residential completions by settlement up to 31/12/08 within the 1 April 2008 to 31 March 2009 monitoring period No. of units completed Area Key service Gross Net Net Net Affordable Local centres Brown Green Occupancy2
East Kendal 50 49 47 2 7 9 Grange 4 1 1 0 0 1 Kirkby Lonsdale 7 7 0 7 7 0 Milnthorpe 5 5 5 0 0 0 Others 28 26 8 18 9 5 Total 94 88 61 27 23 15
Furness Ulverston 16 13 12 1 2 0 Other 9 8 8 0 3 3 Total 25 21 20 1 5 3
South District Total 119 109 81 28 28 18 Lakeland
2 Local Occupancy figures are inclusive of Affordable figures
26 3. Permissions Data
It remains important to monitor permissions data as this gives an early indication of progress towards and likelihood of meeting completions targets in coming years. It is estimated that around 10% of residential developments permitted do not get built so in order to meet the annual target of 400 completions per year set out in the RSS, the Council should be aiming to achieve 440 residential permissions annually, equating to an average of 36.6 permissions per month. Currently, monthly permissions are falling significantly short of this target. It should also be noted that the number of completions required in any one year could go up or down depending on shortfalls or oversupply in previous years.
Net permissions by month within the 1 April 2008 to 31 March 2009 monitoring period
Month A M J J A S O N D J F M Total to date
Net units 16 21 8 34 3 9 7 4 4 106 permitted
Analysis of residential permissions by settlement up to 31/12/08 within the 1 April 2008 to 31 March 2009 monitoring period No. of units granted planning permission Area Key service Gross Net Net Net Affordable Local centres Brown Green Occupancy2
East Kendal 22 17 17 0 0 19 Grange 7 6 6 0 3 6 Kirkby Lonsdale 4 4 4 0 0 4 Milnthorpe 1 1 1 0 0 1 Others 50 40 28 12 22 41 Total 84 68 56 12 25 71
Furness Ulverston 40 36 36 0 0 0 Other 3 2 2 0 0 0 Total 43 38 38 0 0 0
South District Total 127 106 94 12 25 71 Lakeland Further Analysis
2 Local Occupancy figures are gross and inclusive of Affordable figures
27
Brownfield/Greenfield
4. Of the 109 units (net) completed up to the end of the third quarter, 81 units (74%) are on brownfield land compared to the RSS target for the Lakes and Morecambe Bay area of at least 50% and the national target of 60%. 28 units (26%) were on greenfield sites. Of the 106 units (net) granted permission up to the end of the third quarter, 94 units (89%) are on brownfield land, compared to the RSS target for the Lakes and Morecambe Bay area of at least 50% and the national target of 60%. 12 units (11%) were on greenfield sites.
Affordable Housing
5. 23 affordable dwellings were completed in the east of the district between 1/04/08 and 31/12/08, this constitutes 26% of all net dwellings completed in the east compared to the IPATH requirement of 50%. 5 affordable dwellings were completed in Furness between 1/04/08 and 31/12/08 constituting 24% of all net dwellings completed in Furness. IPATH does not set a requirement for affordable dwellings in the Furness area though affordable provision in Furness is negotiable on developments of 10 units or more.
• Five affordable units were completed in April 2008 at Garburn Road, Kendal (2) and Fairbank, Kirkby Lonsdale (3). • Six affordable units were completed in May 2008 at Hart Street, Ulverston (2) and Fairbank, Kirkby Lonsdale (4). • There were no affordable completions in June. • Eight affordable units were completed in July 2008 at Pear Tree Park, Holme (1) and Boon Town, Burton in Kendal (7). • Four affordable units were completed in August 2008 at Highgate, Kendal. • One affordable unit was completed in September 2008 at Ann Street, Kendal. • Three affordable units were completed in October 2008 at Station Road, Broughton. • One affordable unit was completed in November 2008 at Pear Tree Park, Holme. • There were no affordable completions in December 2008.
25 affordable dwellings were permitted in the east of the district between 1/04/08 and 31/12/08, this constitutes 37% of all net dwellings permitted in the east compared to the IPATH requirement of 50%.
No affordable dwellings were given permission in Furness between 1/04/08 and 31/12/08. IPATH does not set a requirement for affordable dwellings in the Furness area though affordable provision in Furness is negotiable on developments of 10 units or more.
28 • Four affordable units were permitted in May 2008 (SL/2008/0365) to be provided at Church Walk, Flookburgh. • Eighteen affordable units were permitted in July 2008 (SL/2007/0184) to be provided at Winder Lane, Flookburgh. • Three affordable units were permitted in September 2008 (SL/2008/0870) to be provided at Yewbarrow Flats, Main Street, Grange over Sands.
Local Occupancy3 6. IPATH requires all new dwellings in the east of the district to be subject to a Local Occupancy Condition. There is no similar requirement in Furness. All affordable dwellings permitted (and thus completed) in the District are automatically subject to a Local Occupancy restriction. Members are reminded that since April 2007 the definition of local occupancy for non-affordable dwellings has been extended to include three parishes in southern Eden, the whole of Barrow and the northern part of Lancaster district. On 17 July 2009, Council further extended this definition to include three parishes in the Craven district of North Yorkshire. For affordable dwellings the restriction relates only to the parish in which the dwelling is sited and adjoining parishes. Exclusive of affordable dwellings, a total of 18 dwellings completed so far in this period are subject to a Local Occupancy Condition, 15 are in the east of the district and 3 in Furness. In the east area, 71 dwellings permitted so far this period are subject to a Local Occupancy Condition. This is a gross figure. In relation to the net figure all but two permitted dwellings are subject to a Local Occupancy Condition compared with the IPATH requirement of 100%. Appendix 2 gives a breakdown of permissions by month in the east of the district with regard to Local Occupancy Conditions. The apparent disparity in the figures shown for September is the result of 2 permissions resulting in a net loss of dwellings, which skews the figures.
In Furness, none of the dwellings permitted this period are subject to Local Occupancy Conditions.
3 Local Occupancy figures are inclusive of Affordable figures
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30 APPENDIX 2
Monitoring application of Local Occupancy restrictions (east area) 1 April 2008 – 31 March 2009
Apr May June July Aug Sept Oct Nov Dec Jan Feb Mar Monitoring Period Total 1/4/07 – 31/3/08 Dwellings permitted in east (Gross) 9 14 9 21 3 15 6 4 3 84 Dwellings permitted in the east (Net) 8 12 7 20 3 8 5 3 2 68 Number of dwellings subject to Local 7 12 7 20 3 13 4 3 2 71 Occupancy Number of dwellings not subject to Local 2 2 2 1 0 2 2 1 1 12 Occupancy (% of gross permissions) (22%) (14%) (22%) (5%) (0%) (13%) (33%) (25%) (33%) Number of dwellings not subject to Local 1 0 0 0 0 -5 1 0 0 -3 Occupancy (% of net permissions) (13%) (0%) (0%) (0%) (0%) (-63%) (20%) (0%) (0%) Number of gross dwellings that are not 2 0 0 0 0 0 0 0 0 2 subject to Local Occupancy but are the result of or are revisions of pre-IPATH (before 24/11/05) applications and are therefore exempt Number of gross dwellings that are not 0 2 2 1 0 2 1 1 1 10 subject to Local Occupancy but are replacing an existing dwelling or dwellings and therefore applying a clause was considered unreasonable Number of gross dwellings that are the 0 0 0 0 0 0 1 0 0 1 result of post-IPATH (after 24/11/05) applications but do not fall into the above categories
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32 SOUTH LAKELAND DISTRICT COUNCIL
Planning Committee
Date of Meeting: 27 January 2009 Part I Report From: Corporate Director (Communities) Agenda 9. Report Author: Andrew Roe Item No: Development Control Manager Report Title: Applications considered previously by the Planning Committee and determined by the Corporate Director (Communities) between 8 December 2008 and 15 January 2009
Summary To note the decisions made by the Corporate Director (Communities) as attached. Recommendations Note the Report. Report See attached print out. Alternative Options Not applicable. Material Considerations Finance The recommendations in this report do not have any cost implications. Risk There are no identified risk raised by this report. Staffing The recommendations in this report do not have any staffing implications. Sustainability This report does not have any registered significant environmental effects. Links to Corporate Plan This report links to the aim of providing a “High Quality Environment” under Section 3.4 of the Corporate Plan. Links to Strategic Plan This report has no links to the Strategic Plan. Equalities and Diversity The Draft Statement of Community Involvement takes account of the equalities issues in seeking to define South Lakeland’s community and interests relevant to the Local Development Framework which will influence the determination of planning applications.
33 Community Safety The recommendations in this report do not have any community safety implications.
Background Documents Document: Various planning files Contact: Andrew Roe Development Control Manager
Date: 20/01/2009 Version No: Amended by: 2 34 Applications dealt with by the Corporate Director (Communities) under delegated powers between 8 Dec 2008 and 15 Jan 2009
Parish GRANGE OVER SANDS
Application No Site Address Proposal Applicant Application Type
SL/2008/1103 LOW FELL GATE FARM CARAVAN PARK REVISED SITE LAYOUT, USE OF LAND TO MR & MRS JOHN and CAROL WILKIN FULL PLANNING CARTMEL ROAD NORTH, CONNECTION OF ALL CARAVANS GRANGE over SANDS TO MAINS DRAINAGE, RAISING OF ROAD LEVEL LA11 7QA ON EASTERN ACCESS ROAD AND CREATION OF STORAGE AREA
Grant with Conditions 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 the layout plan drawing No. 0822/11 Revision A deposited with the Local Planning Authority on 5/11/08 and the amended layout plan drawing No. 0822/10 Revision B deposited with the Local Planning Authority on 24/12/08. For the avoidance of doubt this permission only authorises the creation of 68 bases for the siting of static caravans. The number of static caravans on the site shall not exceed 68 in total at anyone time. Reason (2) For the avoidance of doubt and to ensure a satisfactory form of development in this location in accordance with Policy T6 of the South Lakeland Local Plan.
Condition (3) This permission shall not authorise the use of the land as a site for caravans except during the period 1 March to 10 January each year. Reason (3) For the avoidance of doubt and to ensure compliance with Policy T7 of the South Lakeland Local Plan.
Condition (4) The drainage pipe shall be installed in accordance with the details set out in the email from John Coward Architects dated 15/12/08. For the avoidance of doubt any excavation work under the canopies of the protected trees shall be dug by hand to prevent any root damage. Reason (4) For the avoidance of doubt and to ensure that the installation of the drainage pipe does not damage the protected trees which flank the access track.
Condition (5) Within three months from the date of this permission the 2 caravan bases on the southern edge of the northern section of the site nearest to the residential properties on Great Heads Road shall be removed and the land reinstated in accordance with a scheme which has been submitted to and approved in writing by the Local Planning Authority. This part of the site shall be kept free of caravans at all times thereafter. Reason (5) To ensure that the 2 unauthorised bases are removed and kept free of caravans in order to protect the amenities of the occupiers of the properties which flank the South East boundary of the site.
REASON FOR GRANTING PLANNING PERMISSION The revised site layout, as amended, proposed drainage works and creation of a storage area are considered to be acceptable and accord with Policy T6 of the South Lakeland Local Plan.
Date: 20/01/2009 Version No: Amended by: 3 35 Parish KIRKBY LONSDALE
Application No Site Address Proposal Applicant Application Type
SL/2008/1086 7 HARLING BANK TWO STOREY AND SINGLE STOREY EXTENSION MR D ROBINSON FULL PLANNING KIRKBY LONSDALE (REVISED SCHEME SL/2008/0507) LA6 2DJ
Grant with Conditions 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 the amended plan drawing no. 0812.13B and 0812.14B deposited with the Local Planning Authority on 15 December 2008. Reason (2) For the avoidance of doubt and to ensure a satisfactory form of development.
Condition (3) Within 3 months of the extension being occupied, a 2 metre high closely boarded timber fence shall be erected adjacent to the shared boundary with 6 Harling Bank, in the position indicated on the attached plan, and which shall be permanently retained. Precise details of the fencing shall be agreed in writing with the Local Planning Authority prior to its erection. Reason (3) To protect the privacy of the adjoining neighbours.
Condition (4) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, as amended, or any order revoking or re-enacting that order, no window or door opening shall be installed in the side elevations of the extension approved without the express planning permission of the Local Planning Authority. Reason (4) To protect the privacy of adjoining neighbours.
REASON FOR GRANTING PLANNING PERMISSION The proposals are consistent with the aims and objectives of Policy S2 of the South Lakeland Local Plan.
Date: 20/01/2009 Version No: Amended by: 4 36 SOUTH LAKELAND DISTRICT COUNCIL
Planning Committee
Date of Meeting: 27 January 2009 Part I Report From: Corporate Director (Communities) Agenda 10. Report Author: Lawrence Conway Item No: Corporate Director (Communities) Report Title: Applications determined by Cumbria County Council
Summary To inform Members of the applications determined by Cumbria County Council. Recommendations That Members note this report. Report
1. 5/08/9014 PARISH: GRANGE over SANDS Proposal – RETROSPECTIVE APPLICATION TO REGULARISE ERECTION OF A REPLACEMENT FENCE GRANTED CONDITIONALLY
Alternative Options Not applicable. Material Considerations Finance The recommendation in this report does not have any cost implications. Risk There are no identified risks raised by this report. Staffing The recommendations in this report do not have any staffing implications. Sustainability This report does not have any registered significant environmental effects. Links to Corporate Plan This report has no links to the Corporate Plan. Links to other Strategic Plan This report has no links to the Strategic Plan.
37 Equalities and Diversity The recommendations in this report do not have any equalities implications. Community Safety The recommendations in this report do not have any community safety implications. Background Documents Document: Planning files Contact: Lawrence Conway Corporate Director (Communities)
Date: 20/01/2009 Version No: Amended by: 2 38 SOUTH LAKELAND DISTRICT COUNCIL
Planning Committee
Date of Meeting: 27 January 2009 Part I Report From: Corporate Director (Communities) Agenda 11. Report Author: Andrew Roe Item No: Development Control Manager Report Title: Appeals update at 15 January 2009
Summary To provide Members with information about the receipt and determination of planning appeals. • Appendix A – New appeals and appeal decisions between 8 December 2008 and 15 January 2009. • Appendix B – Current appeals still outstanding. • Appendix C – Appeals determined during 2008.
Recommendations That Members note this report. Report See attached Appendices A, B and C. Alternative Options Not applicable. Material Considerations: Finance The recommendations in this report do not have any staffing implications. Risk There are no identified risks raised by this report. Staffing The recommendations in this report do not have any staffing implications. Sustainability This report does not have any registered significant environmental effects. Links to Corporate Plan This report links to the aim of providing a “High Quality Environment” under Section 3.4 of the Corporate Plan. Links to other Strategic Plan This report has no links to the Strategic Plan.
39 Equalities and Diversity The Draft Statement of Community Involvement takes account of the equalities issues in seeking to define South Lakeland’s community and interests relevant to the Local Development Framework which will influence the determination of individual planning applications. Community Safety The recommendations in this report do not have any community safety implications.
Background Documents Document: Various planning files Contact: Lawrence Conway Corporate Director (Communities)
2 40 APPENDIX A
Committee: Planning Date of Meeting: 27 January 2009 Report Title: Appeals update at 15 January 2009
NEW APPEALS AND APPEAL DECISIONS BETWEEN 8 December 2008 – 15 January 2009
NUMBER LOCATION PROPOSAL
Lodged
SL/2008/0781 KIRKBY LONSDALE: Golf driving range Land to south of Scaleber Lane Officer’s Refuse recommendation:
Committee: Refuse
SL/2008/0254 NEW HUTTON: Birks Farmhouse Delegated: Refuse
SL/2008/0318 OLD HUTTON: Land to east of Crosslands Farm Officer’s CDC recommendation:
Committee: Refuse
Dismissed SL/2008/0232 KENDAL: Land off Back Lane, Castle Crescent Committee: Refuse
SL/2007/0499 LOWER ALLITHWAITE: Agricultural workers dwelling Land at Stribers Allotment, Cartmel Delegated: Refuse
Withdrawn - None
3 41
42 APPENDIX B
Committee: Planning Date of Meeting: 27 January 2009 Report Title: Appeals update 15 January 2009
CURRENT APPEALS STILL OUTSTANDING - updated 15 January 2009
Planning Site Description Appellant Local Planning Planning Inspectorate Appeal Reference Authority Reference start Decision and date date Type of Appeal SL/2007/0530 CARTMEL: Replacement windows in Mr J Forbes Enforcement APP/M0933/F/07/2040739 19/04/07 Listed Building Site at The Square (Appeal against Enforcement Action) Written Reps SL/2007/1424 PENNINGTON: Use of Unit as vehicle repair Mr Martin Turner Refused APP/M0933/A/08/2080995/NWF 22/07/08 workshop (Renewal 14/02/08 Unit 1, Green Moor Written Reps SL/2006/1221) Farm, Pennington Committee 14/02/08 Officer Recommendation – Refuse SL/2008/0254 NEW HUTTON: Conversion of outbuilding to Mr & Mrs Wightman Refused APP/MO933/A/08/2092313/WF 16/12/08 dwelling 11/06/08 Birks Farmhouse Delegated
43 SL/2008/0318 OLD HUTTON: Erection of 6 wind turbines, H J Banks & Co Ltd Refused APP/MO933/A/08/2090274/NWF 17/12/08 control room, anemometer (Martyn Earle) 10/11/08 Land to east of mast and associated access Crosslands Farm Committee tracks 30/10/08 Officer Recommendation - Refuse SL/2008/0781 KIRKBY Golf driving range Mr Philip Pease Refused APP/MO933/A/08/2091772/NWF 2/01/09 LONSDALE: 26/09/08 Land to south of Committee Scaleber Lane 25/09/08 Officer Recommendation - Refuse SL/2008/0793 PENNINGTON: Appeal against Enforcement Mr Martin Turner Enforcement APP/M0933/C/08/2081277 18/08/08 Notice - (Time given to Unit 1, Green Moor Written Reps comply with Notice is too Farm, Pennington short – 2 months) SL/2008/0960 KIRKBY IRELETH: Appeal against Mr R Carruthers & Enforcement APP/M0933/A/08/2084849 15/09/08 Enforcement Notice re Mr J Keith APP/M0933/C/08/2084850 Bell Hall Farm, Change of Use of Head Cragg, agricultural land to allow the Kirkby in Furness storage and hiring out of agricultural equipment
Date: 20/01/2009 Version No: Amended by: 5 44 APPENDIX C
Committee: Planning Date of Meeting: 27 January 2009 Report Title: Appeals update at 15 January 2009
APPEALS DETERMINED DURING 2008 - updated 15 January 09
Planning Index Planning Inspectorate Reference Site Description Officers Decision of Planning Reference Appeal Recommendation Inspectorate No. (decision made by Start date Date Committee or under delegated powers) SL/05/0671 08/01 1. APP/M0933/E/06/2028332/NWF LOWER HOLKER: Demolition of existing Refused – 26/04/06 1. Part allowed and (LBC) (Listed Building Consent) buildings and erection part dismissed Cark Manor, of utility room and 2. APP/M0933/F/06/2034212/NWF Cark in Cartmel Committee 2. Quashed porch; external (Listed Building Consent – 25/04/06 staircase to basement; Enforcement Notice) and internal alterations Officer (retrospective) Recommendation – Refuse SL/06/1022 08/02 APP/M0933/A/07/2039082/NWF KENDAL: Two storey dwelling Refused – 24/10/06 DISMISSED (FPA) (Hearing) (19/02/08) Land adjacent to Delegated 19/03/07 30 Empsom Road, Kendal
Date: 20/01/2009 Version No: Amended by: 6 45 SL/07/0582 08/03 APP/M0933/A/07/2058926/NWF GRANGE OVER Lifting of Condition No Refused – 03/07/07 DISMISSED (FPA) (Written Reps) SANDS: 2 re Opening hours on (06/03/08) Delegated planning application 07/12/07 Sunrise Tearooms, SL/2006/0072 Kents Bank Road, Grange over Sands SL/07/0143 08/04 APP/M0933/A/07/2058120/NWF PRESTON PATRICK: Conversion of barn to Refused – 25/04/07 DISMISSED (FPA) (Written Reps) dwelling (12/03/08) Site at Preston Patrick, Delegated 12/11/07 Milnthorpe SL/07/0618 08/05 APP/M0933/A/07/2058564/WF KENDAL: Removal of Condition Refused – 12/07/07 DISMISSED (FPA) (Written Reps) No 3 on planning (12/03/08) 113 Valley Drive Delegated permission 12/11/07 SL/2006/0100 re: window in first floor western side elevation of the extension shall be glazed with obscure glass and maintained as such thereafter SL/07/0694 08/06 APP/MO933/A/07/2058745/WF ARNSIDE: Detached garage Refused – 10/08/07 ALLOWED (FPA) CONDITIONALLY (Written Reps) Beachwood Lodge, (18/03/08) 14/11/07 Redhills Road Committee: 09/08/07 (Officer recommendation – Grant) SL/07/0368 08/07 APP/M0933/A/07/2061028/WF KIRKBY LONSDALE: Three dwellings with Refused – ALLOWED (FPA) associated parking 14/05/2007 CONDITIONALLY (Written Reps) Old Vegetable Garden, (24/04/08) 06/12/07 Abbott’s Brow Delegated
Date: 20/01/2009 Version No: Amended by: 7 46 SL/07/0941 08/08 APP/M0933/A/08/2060975/WF PENNINGTON: Four bedroom Refused – DISMISSED (Outline) detached dwelling with 10/10/2007 (12/05/08) (Written Reps) 1 South Green integral garage 21/01/08 Delegated SL/08/0171 08/09 APP/M0933/C/08/2064960 HOLME: Appeal against Enforcement Notice DISMISSED (Enf Notice) Enforcement Notice re issued - (11/06/08) (Written Reps) Site at OS Field Change of Use of land 4/12/07 no.6138, Moss Lane from woodland to use 04/12/2007 comprising erection of cabin for residential use; and creation of pond – later removed from Enforcement Notice SL/2007/1261 08/10 APP/M0933/A/08/2069394/WF PENNINGTON: Erection of dwelling Refused – 8/01/08 DISMISSED (Outline) with double garage (30/06/08) (Written Reps) Former Railway 11/03/08 sidings, Lindal Bank, Delegated Lindal in Furness SL/2007/1085 08/11 APP/M0933/C/07/2053583, 84 & 85 KIRKBY IRELETH: Appeal against Enforcement Varied by the deletion (Enf Notice) Enforcement Notice re: of the requirements in (Appeal against Enforcement Barn adjacent to construction of Section 6 and the 17/09/07 Action) Curlew Cottage, enclosure at the front of substitution with Sandside, Kirkby in Hearing the property reference to the Furness height of the wall fronting the highway and the two side walls to a maximum of 2 metres. Subject to the variation the appeal is DISMISSED and the Enforcement Notice UPHELD
Date: 20/01/2009 Version No: Amended by: 8 47 SL/2007/0925 08/12 APP/M0933/A/08/2067379/WF KIRKBY IRELETH: Restoration of existing Refused – 2/10/07 DISMISSED (FPA) barn for domestic (04/08/08) Hearing Barn attached to storage 29/02/08 Cockfish Hall, Committee: Sandside, Kirkby in (Officer Furness recommendation – none) Corporate Director (Communities) to report on issues arising SL/2007/1139 08/13 APP/M0933/A/08/2074493/NWF KENDAL: Replacement windows Refused - 9/04/08 DISMISSED (RFPA) (retrospective) (02/09/08) Written Reps 40 Greenside, Kendal 13/05/08 Delegated SL/2007/1216 08/14 APP/M0933/A/08/2077123/WF MILNTHORPE: Single storey extension Refused - DISMISSED (FPA) 18/12/07 (10/10/08) Written Reps 44 Leighton Beck 23/06/08 Road, Slack Head, Milnthorpe Delegated SL/2008/0173 08/15 APP/M0933/A/08/2078151/WF NATLAND: Retention of building as Refused - DISMISSED (FPA) separate dwelling 21/05/08 (14/10/08) Written Reps Magnolia House / (retrospective) 24/06/08 Millennium House, Newlands, Natland Delegated SL/2008/0249 08/16 APP/M0933/A/08/2079458/WF KENDAL: Conversion of single Refused - DISMISSED (FPA) dwelling house to two 30/04/08 (22/10/08) Written Reps 8 Whinfell Drive, self-contained flats with 7/07/08 Sandylands single storey rear Delegated extension
Date: 20/01/2009 Version No: Amended by: 9 48 SL/2008/0398 08/17 APP/M0933/A/08/2079298/WF BEETHAM: Dwelling Refused - DISMISSED (FPA) 30/05/08 (23/10/08) Written Reps Willow Cottage, (Re-submission 8/07/08 Keasdale Road, SL/2007/1053) Carr Bank, Committee Arnside SL/2008/0448 08/18 APP/M0933/A/08/2081569/WF HOLME: Rear Dormer Refused - ALLOWED (FPA) 25/06/08 CONDITIONALLY Written Reps Montana, (24/10/08) 29/07/08 1 Milnthorpe Road, Delegated SL/2008/0182 08/19 APP/M0933/A/08/2080298/WF KENDAL: Extension over existing Refused – 9/04/08 ALLOWED (FPA) single storey extension (30/10/08) Written Reps 3 Heron Hill 14/07/08 Delegated SL/2007/0892 N/A APP/MO933/C/07/2050574 HEVERSHAM: Re: Installation of flue APPEAL WITHDRAWN Enforcement Notice The Spinney, Lower ENFORCEMENT Haverflatts NOTICE: Withdrawn
SL/2008/0027 08/20 APP/M0933/X/08/2073181 PRESTON RICHARD: Application for Refused – 5/03/08 ALLOWED Certificate of Lawful (28/11/08) Written Reps Oxenber, Development for use of Woodside Road, land as domestic Delegated Endmoor curtilage for Oxenber SL/2007/0499 08/21 APP/M0933/A/08/2076520/NWF LOWER Agricultural workers Refused - 20/11/07 DISMISSED ALLITHWAITE: dwelling (31/12/08) Written Reps Land at Stribers Delegated Allotment, Cartmel
Date: 20/01/2009 Version No: Amended by: 10 49 APPEALS DETERMINED – DURING 2009
Planning Index Planning Inspectorate Reference Site Officers Decision of Planning Reference Appeal Description Recommendation Inspectorate No. (decision made by Start date Committee or under delegated powers) SL/2008/0232 09/01 APP/M0933/A/08/2079913/WF KENDAL: New single dwelling Refused: DISMISSED house with adjacent car 17/04/08 - Land off Back Lane, parking space and (13 JAN 09) Kendal parking space for 18 Committee Castle Crescent
Date: 20/01/2009 Version No: Amended by: 11 50