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Meetings, Agendas, and Minutes Public Document Pack 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 Thursday, 25 October 2012, at 10.00 am in the Assembly Room - Kendal Town Hall Committee Membership Councillors Brian Cooper Joss Curwen Philip Dixon Sheila Eccles (Vice-Chairman) Sylvia Emmott David Fletcher Clive Graham Brenda Gray John Holmes Janette Jenkinson Sonia Lawson Ian McPherson (Chairman) Mary Orr Bharath Rajan David Ryder Sue Sanderson David Williams Mary Wilson Tuesday, 16 October 2012 Debbie Storr, Director of Policy and Resources (Monitoring Officer) For all enquiries, please contact:- Committee Administrator: Janine Jenkinson Telephone: 01539 717493 e-mail: [email protected] AGENDA Page Nos. PART I 1 APOLOGIES To receive apologies for absence, if any. 2 MINUTES 1 - 8 To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 26 September 2012 (copy attached). 3 DECLARATIONS OF INTEREST To receive declarations by Members and/or co-optees of interests in respect of items on this Agenda. Members are reminded that, in accordance with the revised Code of Conduct, they are required to declare any disclosable pecuniary interests or other registrable interests which have not already been declared in the Council’s Register of Interests. (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting.) Members may, however, also decide, in the interests of clarity and transparency, to declare at this point in the meeting, any such disclosable pecuniary interests which they have already declared in the Register, as well as any other registrable or other interests. 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 PARTICIPA TION 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 before the commencement of 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 Electoral Services Manager on 01539 717440. (1) Planning Applications Planning applications for which requests to speak have been made. (2) Deputations and Petitions Agenda items for which requests to speak have been made. 6 REPORT OF THE DIRECTOR PEOPLE AND PLACES 9 - 120 To determine planning applications received. 7 CHANGE OF PROVISIONS OF SECTION 106 AGREEMENT FOR 121 - 124 HOUSING DEVELOPMENT AT NORTH EAST SANDYLANDS, KENDAL To consider the changing of the wording of the approved Section 106 Agreement for the housing development at North East Sandylands, which will allow an application for a variation of the surface water drainage arrangements previously approved by the Planning Committee to be issued. 8 REQUEST TO WITHDRAW EXEMPTION CERTIFICATES FOR 125 - 130 CAMPING AND CARAVANNING EVENTS AT CARTMEL RACECOURSE To consider whether or not the Council should pursue a course of action, allowed under The Caravan Sites and Control of Development Act 1960, to remove the rights of camping and caravanning groups to camp at Cartmel Racecourse using Exemption Certificates issued by Natural England. 9 A REPORT ON THE SUBMISSION OF A LOCAL IMPACT REPORT TO 131 - 152 THE NATIONAL INFRASTRUCTURE DIVISION REGARDING ROOSECOTE BIOMASS POWER STATION AT BARROW IN FURNESS To inform Members about the draft Local Impact Report to be submitted to the National Infrastructure Division of the Planning Inspectorate (NID). 10 A REPORT ON ENFORCEMENT ACTIVITY FROM 1 - 31 AUGUST 153 - 158 2012 To inform Members about enforcement activity. 11 QUARTERLY REPORT - RESIDENTIAL MONITORING FOR THE 159 - 166 PERIOD 1 APRIL 2012 TO 31 MARCH 2013 To present the situation at 30 September 2012 with regards to residential permissions and completions within the monitoring period 1/4/12 – 31/3/13, in comparison with the adopted Core Strategy housing requirement. 12 APPEALS UPDATE 167 - 176 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 (Access to Information) (Variation) Order 2006, specified by way of paragraph number) There are no items in this part of the Agenda. This page is intentionally left blank Item No.2 41 26.09.2012 Planning Committee PLANNING COMMITTEE Minutes of the proceedings at a meeting of the Planning Committee held in the District Council Chamber, South Lakeland House, Kendal, on Wednesday, 26 September 2012, at 10.00 am. Present Councillors Ian McPherson (Chairman) Sheila Eccles (Vice-Chairman) Brian Cooper Brenda Gray Sue Sanderson Joss Curwen John Holmes David Williams Philip Dixon Janette Jenkinson Mary Wilson Sylvia Emmott Mary Orr David Fletcher David Ryder Apologies for absence were received from Councillors Clive Graham, Sonia Lawson and Bharath Rajan. Officers Zaheer Bashir Solicitor Barry Jackson Development Management Team Leader Janine Jenkinson Assistant Democratic Services Officer Kate Lawson Planning Officer Mark Shipman Development Management Group Manager P/47 MINUTES In relation to Minute P/42, Planning Application No. SL/2012/0461, Councillor David Williams pointed out that the note before the item should be amended to read ‘Councillor David Williams declared a personal explanation of possible bias in the following item of business. He left the Council Chamber during the discussion and voting thereon’. RESOLVED – That, subject to the above amendment being made, the Chairman be authorised to sign, as a correct record, the minutes of the meeting held on 30 August 2012. P/48 DECLARATIONS OF INTEREST RESOLVED – That it be noted that the following declarations of interest were made :- (1) Councillor Brian Cooper – Minute P/51 (Planning Application No. SL/2012/0661);and Page 1 42 26.09.2012 Planning Committee (2) Councillor Ian McPherson – Minute P/52 (Planning Application No.SL/2012/0594). P/49 LOCAL GOVERNMENT ACT 1972 - EXCLUDED ITEMS RESOLVED – That it be noted that there were no items in Part ll of the Agenda. P/50 PLANNING APPLICATIONS The Development Management Group 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/51 PUBLIC PARTICIPATION 2.SL/2012/0069 NEW HUTTON: Hutton Park Barn, New Hutton, Kendal, LA8 0AY. Conversion of field barn into agricultural workers dwelling and siting of pre – fabricated residential caravan. (Mrs Hazel Hodgson) Dr L A Robinson, Clerk to New Hutton Parish Council spoke in support of the application. He stated that the conclusion of the Agricultural Report that there was a functional need for only 1.5 workers had not been calculated realistically and was too low for the holding. He stated that granting permission for the application would satisfy the need for affordable housing and bring a family back into the parish. A full copy of his representation has been placed on the Democratic Services file. Anthea Jones, the applicant’s agent responded to the points raised. She stated that the Agricultural Report prepared on behalf of the Council had concluded there was a labour requirement for 1.5 full time workers, however the calculation had not included the time taken to carry out stewardship tasks, such as hedge maintenance and paperwork. She reported that the applicant had instructed the Planning Branch Ltd to undertake an agricultural appraisal on her behalf. The appraisal had calculated that the holding had labour requirements of 1.9 units, that there was an unreasonable distance to travel between the two holdings and that accommodation close to the livestock building for the welfare of the livestock and to reduce travel was required. Page 2 43 26.09.2012 Planning Committee The Development Management Group Manager advised the Committee that the key assessment for consideration was whether the principle of the conversion and temporary residential caravan was acceptable. Members were advised the Appraisal undertaken on behalf of the Council had concluded that the holding was financially viable and likely to remain so. The Consultant recognised the difficulty of travelling to the Hutton Park plot and suggested that a temporary dwelling be considered for three years whilst the case for an additional dwelling was proved. A lengthy discussion ensued. Notwithstanding the Officer’s assessment, Members felt that sufficient justification for the dwelling had been made and the proposal would allow the re-use of a redundant building and enhance the site location. GRANT – subject to an Agricultural Occupancy Condition and other appropriate Conditions and a temporary three year Planning Permission for the siting of a pre- fabricated residential caravan. 5.SL/2012/0524 KIRKBY LONSDALE: Field to the East of Kirkby Lonsdale Business Park, adjoining the A65. General purpose agricultural building. (Mr Kevin Haworth) Kevin Lancaster spoke in support of the application. He thanked Members for undertaking a site visit. He stressed the importance of the application to provide a secure, modern and safe building to store equipment for his business. He asserted that the facility was vital to the applicant’s business and urged the Committee to support the application.
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