Meetings, Agendas, and Minutes

21 27.8.2009 Planning

PLANNING COMMITTEE

Minutes of the proceedings at a meeting of the Committee held in the Council Chamber at South Lakeland House, Kendal, on Thursday, 27 August 2009, at 10.00 a.m.

Present

Councillors

Paul Little (Chairman) Ian McPherson (Vice-Chairman)

Alan Baverstock Jane Carson Brian Cooper Joss Curwen Sheila Eccles Sylvia Emmott Brenda Gray Janette Jenkinson Sonia Lawson Maureen Nicholson Mary Wilson

Apologies for absence were received from Councillors Clive Graham, Frank Hodson Gwen Murfin, Brian Wilkinson and David Williams.

Officers

Nicola Hartley Solicitor (part) Lillian Hopkins Planning Officer (part) Barry Jackson Planning Officer Janine Jenkinson Assistant Democratic Services Officer Andy Roe Development Control Manager

P/027 MINUTES

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting of the Committee held on 9 July 2009.

P/028 DECLARATIONS OF INTEREST

RESOLVED – That it be noted that the following declarations of interest were made:-

(1) Councillor Alan Baverstock – Minute P/034 (Planning Application No.SL/2009/0488);

(2) Councillor Jane Carson – Minute P/034 (Planning Application No.SL/2009/0558);

(3) Councillor Janette Jenkinson – Minute P/036 (Planning Application No.SL/2009/0489 and SL/2009/0490); and

(4) Councillor Maureen Nicholson – Minute P/039 (Planning Application No.SL/2009/0414) and Minute P/040 (Planning Application No.SL/2009/0498). 22 27.8.2009 Planning

P/029 LOCAL GOVERNMENT ACT 1972 – EXCLUDED ITEMS

RESOLVED – That it be noted that there were no items in Part II of the Agenda.

P/030 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/031 PUBLIC PARTICIPATION

Planning Applications

RESOLVED – That the following applications, for which representations have been received from members of the public, in accordance with Minute 1810 (1996/97), be determined in the following manner:-

13. SL/2009/0619 KENDAL: Summerhill Nursing & Residential Home, East View, Kendal. Erection of a single storey extension to residential care home. (Mr Lyth Watson)

Mr Richrad Bartle, a local resident, spoke in objection to the application. A full copy of his speech is available on the Democratic Services file.

Four letters of comment and four further letters of objection had been received. Concerns raised related to development within a Conservation Area, loss of privacy for neighbouring properties, scale of development and the impact of traffic.

The Committee was updated on consultee responses received. Cumbria Highways Authority had requested a travel plan and the provision of an onsite car parking and turning area during the construction period.

Kendal Civic Society had commented that the scheme was sensitive and in keeping with the surrounding area. In addition they had requested that an archaeological investigation on site be undertaken.

The Planning Officer advised Members that the main considerations relating to the application were the implications for neighbourliness to adjoining properties and the impact on the Conservation Area. In addition the scheme needed to be considered as an alternative to an extant permission from 1994 23 27.8.2009 Planning

for the development of 20 houses.

GRANT – Subject to the conditions detailed in the schedule and an additional condition (suitably worded) relating to a archaeological watching brief.

17. SL/2009/0590 KENDAL: Birk Hagg, Singleton Park Road, Kendal. Conversion (Full Planning of barn to five dwellings, including installation of package Application & treatment plant. (Birk Hagg Developments Ltd) SL/2009/0633 (Listed Building Consent)

Rachel Nutman, spoke in objection to the application. She raised concerns regarding the harmful impact of the proposal to the building and the quiet location. She asserted that the number of proposed dwellings would be an overdevelopment of the area and suggested that to minimise the impact on the surroundings the scheme should be reduced to two or three dwellings. The Committee was also urged to protect the setting of the existing footpath.

Mr Steve Winter, the Director of Birk Hagg Developments Ltd, responded to the points raised. In relation to the number of proposed dwellings, he asserted that due to the costs involved in the conversion, the proposal represented the best balance of size, design and economic considerations. A viability report had been submitted to Norfolk Property Services and they had advised that the proposal was justified. The applicant asserted that his company were experienced in converting barn buildings and due consideration had be taken to retain the character of the building and minimise the impact on the surrounding location. With regards to the existing footpath, he advised that the siting would be altered, but the character of the footpath would be retained.

The Development Control Manager updated the Committee on consultation responses received. Kendal Town Council had recommended approval. Cumbria Highways had no objections. Natural England had not raised any objections, but had requested a bat and owl assessment be undertaken.

In addition, a letter received from a neighbouring resident was reported. They felt that the development would be positive and enhance the setting of their listed building.

The Ramblers Association had no objections, providing that the alternative arrangement for the footpath retained its original character. The British Council of Archaeology had objected to the proposal on the grounds that the internal alterations failed to respect the character of the building.

The Committee was advised that the application benefited from the recent approval of the Core Strategy, as the provisions of the Strategy were less onerous than those required by the Interim 24 27.8.2009 Planning

Planning Approach to Housing Development (IPATH). The Core Strategy would become the primary development plan guidance used to determine future development control decisions.

This meant that the wider definition for local occupancy would be used to control occupancy by means of a condition rather than a Section 106 Agreement. It was also noted that this approval would affect a small number of previous applications for which a Section 106 Agreement would not now be necessary.

GRANT – Planning Permission subject to the conditions detailed in the Schedule and an additional condition relating to surfacing and the treatment of the surrounds to the public footpath.

GRANT – Listed Building Consent subject to the appropriate conditions relating to the treatment and character of the listed building setting.

19. SL/2009/0472 STRICKLAND ROGER: Land opposite Hill Cottage, Garnett Bridge Road, Burneside, Kendal. Agricultural building, new vehicular access & associated ground works. (Mr B & Mrs R Waite)

Mr John Hooson, also on behalf of Mr and Mrs A Austin and Mr and Mrs P Bascombe, spoke in objection to the application. A full copy of his representation is available on the Democratic Service file.

Mr Waite, the applicant responded. He advised that the building would be used to store agricultural machinery and related paraphernalia. With regard to the access, he confirmed that an alternative vehicle entrance point rather than the narrow road opposite the building group would be possible and that he would be willing to erect any necessary screening to mitigate the impact on the surrounding area.

The Planning Officer summarised the details of the application, highlighting that the building would be used not as an agricultural building but a building for the applicants’ agricultural contracting business. Refusal of the application was recommended on the grounds that the scale of the building would be detrimental to the character of the countryside location and the amenity of neighbouring dwellings.

REFUSE – due to being detrimental to the character of this area of countryside, the amenity of the neighbouring dwellings by reason of its siting, size and materials and highway safety.

P/032 COMPLEX PLANNING APPLICATIONS

RESOLVED – That the following application be determined in the manner set out:- 25 27.8.2009 Planning

6. SL/2009/0469 LOWER ALLITHWAITE: The Pastures, Templands Lane, Allithwaite, Grange – over – Sands. Siting of 9 caravans for holiday rental, one caravan for permanent warden’s accommodation. (Mr David Khan)

A site visit had been undertaken and Members had now had the opportunity to fully view and asses the proposal in relation to the location. The Committee was advised that the development was well screened and in accordance with Policy T6 of the South Lakeland Local Plan.

Some Members felt that it would be appropriate to apply a condition relating to the colour of the caravans.

GRANT – subject to the conditions detailed in the Schedule and an amendment to condition (4) to clarify that the same six weeks closure period would apply across the extended site and an additional condition requiring the colour of the caravans to be agreed.

P/033 ENFORCEMENT ACTIVITY FROM 9 JUNE TO 10 JULY

09.211 Land to the rear of 16,18,31 and 23 Church Street, Milnthorpe

Details of the case were summarised for the Committee and Members were informed that the owner had been advised that a planning application was necessary, but to date this has not been submitted. Eight letters of objection and a petition containing approximately 40 signatures, including that of Tim Farron MP had been received. The concerns raised related to the change of access, loss of privacy and open green space, pollution and noise nuisance and concern for local wildlife.

Members authorisation to rectify the situation and address concerns relating to the impact of the works on neighbouring properties was sought.

RESOLVED – That the Corporate Director (Monitoring Officer) be authorised to take all necessary enforcement action to prevent the use as a vehicular access route and require mitigation measures to address the concerns over the impact of the works on the nearby residential properties.

P/034 COMPLEX PLANNING APPLICATIONS

RESOLVED – That the following applications be determined in the manner set out:-

3. SL/2009/0373 ARNSIDE: Land to north of Hollins Farm, Far Arnside. (Full Planning (Holgate Caravan Parks Ltd) Application & SL/2009/0374 (Full Planning Application)

The Planning Officer reported receipt of 14 letters of objection and an additional letter received from Sarah Fiswick, Councillor for Lancashire County Council and Lancaster City Council. The 26 27.8.2009 Planning

main grounds for concern related to traffic congestion, particularly from vehicles travelling from the Silverdale direction, highway safety, and disturbance to local residents caused by vehicle horn blowing.

GRANT – Retrospective Planning Permission to application SL/2009/0373, subject to condition (2) only as detailed in the Schedule.

GRANT – Retrospective Planning Permission to application SL/2009/0374.

Note – Councillor Jane Carson declared a personal interest in the following item of business, by virtue of being a member of the National Trust and Cumbria Wildlife Trust.

11. SL/2009/0558 ARNSIDE: Land at Holgates Caravan Parks Ltd, Middlebarrow Plain, Silverdale. Siting of 10 timber clad twin unit caravans with associated access, landscaping and installation of private sewage treatment plant. (Holgates Caravan Parks)

The Planning Officer advised Members that the comments and concerns raised by Councillor Sarah Fishwick regarding applications SL/2009/0373 and SL/2009/0374 were also relevant to this application.

A site visit had been undertaken in order to fully access the development and surrounding area location. Members were of the opinion that the proposal would be visually intrusive and would exert a harmful visual impact on the landscape.

REFUSE – due to the reasons set out in the Schedule.

Note – Councillor Alan Baverstock declared a personal interest in the following item of business, by virtue of being the Ward Member for the area.

7. SL/2009/0488 MILNTHORPE: Grounds of Crosby House, Ackenthwaite, Milnthorpe. Detached dwelling. (Mr Leslie Stewart)

The Development Control Manager advised the Committee that the development was in line with Planning Policy Statement 3 (PPS3) – Housing, the North West Regional Spatial Strategy and the emerging South Lakeland Core Strategy, which required the Local Planning Authority to demonstrate that appropriate measures were being undertaken to improve housing land supply. Therefore, whilst the dwelling was outside the Development Boundary, the application could be viewed more favourably. Overall, the application was considered an appropriate development.

Members unanimously elected to support the scheme. 27 27.8.2009 Planning

GRANT – subject to the conditions detailed in the Schedule.

9. SL/2009/0503 LOWER ALLITHWAITE: Anthemion Gallery (formerly Cadeaux), The Square, Cartmel, Grange – over- Sands. Change of use from Class A1 (Retail) to Class A3 (Restaurant and Cafes)

The Development Control Manager reported that the loss of a retail unit in this location would have a detrimental impact on Cartmel’s ability to function as a service centre. In order to promote sustainable development, villages should be able to provide a range of facilities, shops and services. Currently the village and particularly The Square were dominated by food and drink outlets, therefore a further café would exacerbate the trend and adversely affect the range of community facilities available.

REFUSE – due to the reason detailed in the Schedule.

P/035 CORPORATE DIRECTOR (COMMUNITIES) TO DETERMINE

RESOLVED – That the following application be determined in the manner set out:-

14. SL/2009/0662 LUPTON: The Granary, Pant End, Lupton. Conversion of building to dwelling with associated parking space & garden. (Miss Anja Connor)

The Committee was advised that the application was consistent with the objectives of current policy concerning residential conversions in rural locations.

Members elected to unanimously support the application.

Corporate Director (Communities) to GRANT following the expiry of the consultation period.

Note – Councillor Janette Jenkinson declared a personal and prejudicial interest in the following item of business, by virtue of knowing the applicants. She left the Council Chamber during the discussion and voting thereon.

P/036 LISTED BUILDING APPLICATIONS

RESOLVED – That the following application be determined in the manner set out:-

15. SL/2009/0489 GRANGE OVER SANDS: Hazelmere Café & Bakery, 1 (Listed Building Yewbarrow Terrace, Grange – Over – Sands. Decking & Consent) & Balustrade (Retrospective) (Mrs Carol Stubley) SL/2009/0490 (Full Planning Application)

The structure was considered to harm the historical and architectural integrity of the listed terrace and the character and appearance of the Conservation Area. The Development 28 27.8.2009 Planning

Control Manager advised Members that granting Planning Permission for this type of structure could set a precedent and should not be encouraged.

Enforcement action was sanctioned to remove the harmful structure at the end of the tourist season.

REFUSE – Planning Permission due to the reason detailed in the Schedule.

REFUSE – Listed Building Consent due to the reason detailed in the Schedule.

P/037 COMPLEX PLANNING APPLICATIONS

RESOLVED – That the following applications be determined in the manner set out:-

2. SL/2009/0156 WHITWELL AND SELSIDE: Cooper House Farm, Selside, Kendal. Dwelling for agricultural worker, including installation of sewage treatment plant. (Mr Jack Wilson)

The Planning Officer summarised the details of the application and advised Members that the fundamental issue relating to this application was whether it was considered that there was an essential need for an additional worker to be resident on the holding. Members were further advised that the agricultural occupancy condition could only be attached to the new dwelling because the existing farmhouse was not within the applicant’s ownership.

The Assessment which had been commissioned from the Land Agency at Lancashire County Council had concluded that there was no functional need for an additional dwelling and had highlighted the farm had operated satisfactory for a number of years.

A lengthy discussion ensued and Members queried the Land Agency recommendations. Safety concerns were raised, relating to staffing and the farms stock level. Some Members were of the opinion that the scale of the operation justified the application and stressed the importance of supporting the farming community and family business enterprises.

GRANT – subject to conditions relating to Agricultural Occupancy on the new dwelling only and other appropriate conditions (suitably worded) to cover details.

12. SL/2009/0610 BEETHAM: Land adjoining Willow Cottage, Keasdale Road, Carr Bank, Milnthorpe. Dwelling. (Mr & Mrs D Wibberley)

This was the third application for this site. Overall it was now felt that amendments made to the scheme sufficiently overcame previous objections raised regarding the application. 29 27.8.2009 Planning

GRANT – subject to the conditions detailed in the Schedule.

P/038 ADJOURNMENT OF MEETING

The Committee adjourned for lunch at 1.10 p.m. and reconvened at 1.40 p.m. when the same Members were present.

P/039 COMPLEX PLANNING APPLICATIONS

RESOLVED – That the following application be determined in the manner set out:-

1. SL/2008/1155 KENDAL: Land at Garth Heads, Kendal. Detached Dwelling. (Castlesteads Development Ltd)

The design was considered an acceptable alternative to the existing permission for the site. The main concern raised by the application related to the impact during the construction period.

GRANT – subject to the conditions detailed in the Schedule and an additional condition (suitably worded) to cover the use of natural roofing slate.

Note – Councillor Maureen Nicholson declared a personal and prejudicial interest in the following item of business, by virtue of having a financial interest in an adjacent property. She left the Council Chamber during the discussion and voting thereon.

4. SL/2009/0414 ULVERSTON: 23 Market Street, Ulverston. Change of use from Retail (Class A1) to Restaurant (Class A3) with ancillary use for hot food takeaway (Class A5)

The Environmental Protection Officer had raised concerns regarding odour nuisance and the adequate provision of a ventilation system to mitigate the impact on neighbouring properties.

Members wished to ensure that a condition relating to refuse storage be attached to the permission.

Corporate Director (Communities) to GRANT subject to conditions relating to the details of the flue arrangement and to cover the arrangements and details for internal refuse storage.

5. SL/2009/0458 KENDAL: 18 – 22 Woolpack Yard, Kendal. Removal of Local Occupancy Condition 5 from planning approval SL/2009/0147. (Roan Estates Ltd)

The application raised various issues in relation to housing policy and the Interim Planning Approach to Housing (IPATH). A decision on the application had been deferred at the last meeting of the Committee, in order to take into account the 30 27.8.2009 Planning

comments arising from Full Council’s consideration of the Core Strategy at its July meeting.

The Development Control Manager advised Members that the application was considered acceptable and there was no justification to refuse permission.

GRANT

8. SL/2009/0502 URSWICK : Dale Garth, Mascalles, Ulverston. Engineering works to infill former water tank (retrospective). (Mr M Charnley)

The Council’s Drainage Environmental Protection Group had confirmed that the area was not on a flood plain and that the surface drainage arrangements were private.

The Development Control Manager recommended that only a temporary consent be given so that areas of landscaping could be introduced. This would enable the landscaping to mature so that its effectiveness on the visual impact of the caravans could be better assessed.

GRANT – on a temporary three year basis only and subject to Conditions regarding the agreement and implementation of the planting /landscaping details within 12 months and the agreement of surface water drainage details.

10. SL/2009/0554 GRANGE OVER SANDS: The Old Coach House, Fernleigh Road, Grange over Sands. Conversion of storage building to dwelling including parking deck and porch extension. (Mr Lionel Scott)

On balance, it was considered that the change of use to the dwelling would ensure an appropriate re-use of the building and overall improve the appearance of the building and surrounding Conservation Area. Members were advised that the application would not impose any harmful impact on the amenity of neighbouring residents or highway safety.

GRANT – subject to the conditions detailed in the Schedule (suitably worded)

Note – Councillor Maureen Nicholson declared a personal and prejudicial interest in the following item of business, by virtue of being the tenant of the property. She left the Council Chamber during the discussion and voting thereon.

P/040 LISTED BUILDING APPLICATIONS

RESOLVED – That the following application be determined in the manner set out:-

16. SL/2009/0498 LOWER HOLKER: Lilac Cottage, Flookburgh, Grange – over- Sands. Replacement of three upstairs windows at the front of the property. (Mr Michael Wandless) 31 27.8.2009 Planning

The application had been brought to Committee due to a Councillor at the authority being a tenant of the property.

GRANT- subject to the condition detailed in the Schedule.

P/041 DEVELOPMENT BY SOUTH LAKELAND DISTRICT COUNCIL AND/OR CUMBRIA COUNTY COUNCIL

RESOLVED – That the following application be determined in the manner set out:-

18. SL/2009/0535 KIRKBY IRELETH: 2a Pearl Syke, Grizebeck, Kirkby – in – Furness. Re-construction of a former barn into a holiday cottage. (Mr R Leahy)

The Committee was advised that the application was a good scheme and would be the same size and a similar design as the original conversion. Although technically the development was contrary to Local Plan Policy, the proposal was considered justifiable due to mitigating circumstances relating to the collapse of the previous structure.

GRANT – subject to the conditions detailed in the Schedule.

P/042 STRAIGHTFORWARD PLANNING APPLICATIONS

RESOLVED – That the following application be determined in the manner set out:-

20. SL/2009/0527 KENDAL: Unit 2, Boundary Bank, Boundary Bank Lane, Kendal. Storage and distribution unit. (Mr Eddie Holmes)

The two changes to the approved building related to its use and scale.

Overall, the application was considered acceptable.

Grant – subject to the conditions detailed in the Schedule.

P/043 ENFORCEMENT ACTIVITY FROM 9 JUNE TO 10 JULY

Members were presented with a report on enforcement activity between 9 June and 10 July 2009. 47 outstanding cases from the enforcement caseload had been resolved. 26 new complaints had been recorded and were being investigated, of which 15 of these cases had been resolved. An update on those cases involving formal enforcement action was provided for Members information.

05.200: Dalecrest Travel, The Old Market Hall, Market Street, Kirkby Lonsdale

Dalecrest Travel Company had replaced original windows with UPVC windows of a different design, which constituted harmful to the amenity of the locality and detrimental to the special architectural and historic character of the building. Members were of the opinion that it would be expedient to undertake further investigation. 32 27.8.2009 Planning

06.232 Underwood, Fernhill Road, Grange Over sands, LA11 7DN

A large decking area with balustrade within the Grange Conservation Area had been erected at the property without Planning Permission. A Section 330 Notice had been served but not returned. The decking exerted an unreasonable level of unneighbourly overlooking to adjoining properties.

07.283 2 Methven Terrace Grange Over Sands

A number of conditions which had originally been attached to the permission had not been complied with. Therefore Members were requested to authorise enforcement powers to rectify the breach of planning control.

09.232 The Beeches, Levens

Members were advised that a site visit had confirmed that the building had been split into two dwellings and was being occupied by two separate households.

09.269 Far Hollins Farm Arnside

Evidence gathered by the Enforcement Team had confirmed that a field had been used for camping in excess of 28 days. This was contrary to the Town and County Planning (General Permitted Development) Order 1995 and the Certificate of Lawful Use (SL/2008/0344)

RESOLVED – That

(1) the report be received;

(2) in respect of Case Ref 05.200 Dalecrest Travel, The Old Market Hall, Market Street, Kirkby Lonsdale, the case be deferred to allow further investigation and consultation with Kirkby Lonsdale Town Council;

(3) in respect of Case Ref 06.232 Underwood, Fernhill Road, Grange Over Sands, the Corporate Director (Monitoring Officer) be authorised to take all necessary enforcement action to remove the unauthorised decking and associated structure;

(4) in respect of Case Ref 07.283 2 Methven Terrace, Grange over Sands, the Corporate Director (Monitoring Officer) be authorised to take all necessary enforcement powers to rectify the breach of planning control;

(5) in respect of Case Ref 09.211 Land to the rear of 16, 18, 21 and 23 Church Street, Milnthorpe, the Corporate Director (Monitoring Officer) be authorised to take enforcement action to prevent the use as a vehicular access route and mitigation measures to address the concerns over the impact of the works on the nearby residential properties be required;

(6) in respect of Case Ref 09.232 The Beeches, Levens, the Corporate Director (Monitoring Officer) be authorised to take all necessary enforcement action to restrict the use of the property to a single dwelling house; and

(7) in respect of Case Ref 09.269 Far Hollins Farm, Arnside, the Corporate Director (Monitoring Officer) be authorised to take all necessary enforcement action to rectify the breach of planning control. 33 27.8.2009 Planning

P/044 RESIDENTIAL MONITORING REPORT 1 APRIL – 30 JUNE 2009 (1 QUARTER REPORT)

Underperformance against the North West Regional Spatial Strategy (RSS) target of 400 units per annum 2003 to 2009 meant that there was a requirement to make up the deficit in ensuing years. The annual target 2009/10 had therefore been amended to 468 to address this. On 16 July 2009 Full Council had approved the Core Strategy. With regards to housing provision, the requirements of the Core Strategy were less onerous than those required by the Interim Planning Approach to Housing Development (IPATH). The Development Control Manager advised Members that the implementation of the Core Strategy was an appropriate measure to improve housing land supply. The impact of the Core Strategy had been demonstrated in the consideration of various applications at the Committee meeting.

RESOLVED – That the report be noted.

P/045 APPLICATIONS CONSIDERED PREVIOUSLY BY THE PLANNING COMMITTEE AND DETERMINED BY THE STRATEGIC DIRECTOR (COMMUNITIES) BETWEEN 1 JULY AND 17 AUGUST 2009