Meetings, Agendas, and Minutes

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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
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