SCHEDULE A

Complex Planning Applications

1 SL/2005/0343 DUDDON: COALGATE FARM, BROUGHTON-IN-FURNESS PROPOSAL: CONVERSION OF REDUNDANT BARN INTO FARM WORKERS DWELLING MR R WINDER

2810006 SUMMARY: This application should be assessed in terms of functional need and the viability of the holding to establish whether there is justification for an agricultural worker to live on the farm.

BROUGHTON WEST PARISH COUNCIL: No comments received. The consultation period for comments expired on 12 July 2005.

CUMBRIA HIGHWAYS: To be reported.

ENVIRONMENT AGENCY: Conditional no objections.

COUNTY ARCHAEOLOGIST: No comments.

HISTORICAL CONTEXT: Planning permission was granted to convert this barn to form two dwellings in 1990. Planning permission was granted for the siting of a static caravan to house an agricultural worker in February under delegated powers. This permission was limited to a temporary 12-month period.

DESCRIPTION & PROPOSAL: Planning permission is now sought to convert an existing stone barn to house the applicant who currently occupies the static caravan that was approved in February. The proposed conversion involves the installation of a number of new openings on the rear and gable elevations. It is also proposed to raise the rear wall by one metre to allow a new pitched slate roof to be incorporated into the scheme. The resultant dwelling will comprise two bedrooms at first floor level and a lounge and kitchen on the ground floor.

Page 1 of 55 A structural survey has been submitted with the application which confirms that the majority of the walls are in a reasonable condition although a bulge on the front elevation will require removal and rebuilding. Access is to be achieved off the existing lane which serves Coal Gate Farm. An agricultural report has been submitted with the application which sets out a justification for the proposal. It stresses that the Winder family have built up the enterprise over 40 years on 3 farm holdings – Wall End Farm, Borderriggs Farm and Coal Gate Farm. The land farmed totals 181 hectares (447 acres), although some of this is rented from other landowners. The three farms are run by the applicant’s father, his grandfather (who is 84 years old) and himself. His father lives in the farmhouse at Wall End although this is only rented. His grandfather has a house at Borderriggs Farm. There is no dwelling at Coal Gate Farm under the applicant’s ownership although two dwellings were sold off by the family approximately 20 years ago. The original farmhouse is owned by his grandfather and is occupied by the grandfather’s daughter. The farm enterprise was reorganised following the culling of all the livestock due to foot and mouth disease and there are now less sheep and more dairy cattle. The dairy herd comprises 140 cows and 100 dairy replacements. The beef herd comprises 100 cattle which are brought in and fattened to finish weight. In addition to a flock of 33 breeding sheep, there are also approximately 350 hogs kept on the farmland over the winter period for other farmers. The report concludes that there is a need for a dwelling at Coal Gate Farm to ensure good animal husbandry and supervision, particularly during lambing, and also to enhance security to the farm buildings.

POLICY ISSUES: Government Policy outlined in Planning Policy Statement 7 stresses that dwellings to house agricultural workers should only be permitted where there is a functional need and the holding is financially viable. Policy H9 of the Local Plan prohibits residential development in the open countryside except for specialist housing for agricultural or forestry workers where there exists a proven need.

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: This application has been considered by the Land Agency Manager at Lancashire County Council who is used by the Council to provide an independent appraisal for proposals for agricultural dwellings. He has concluded that based on Government Guidance outlined in PPS 7 he does not consider there to be an essential functional need for a worker to be readily available at Coal Gate Farm at most times although he does accept that the applicant is a full time agricultural worker, and would be able to meet the requirements of the agricultural occupancy condition. Whilst his view on such applications is usually accepted by Officers, in this case he has included the applicant’s grandfather as a full time agricultural worker even though he is 84 years old. Whilst he may actively work on the farm business this situation is unlikely to continue for any long-term period. In a recent discussion with the Land Agency Manager he outlined to the Planning Officer that he had great sympathy with the applicants situation but he was obliged to consider the application only in terms of Government Guidelines which he does not consider can be met by the applicant’s current situation. He acknowledged that the proposal to convert an existing building rather than apply to erect a new dwelling house also has some merit.

RECOMMENDATION: The Strategic Director (Customer Services) to report on the issues raised by this application in terms of agricultural need. - - - o000o - - -

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2 SL/2005/0578 KIRKBY LONSDALE: BARN ADJACENT TO THE COACH HOUSE, BECK HEAD, KIRKBY LONSDALE PROPOSAL: CONVERSION OF BARN TO DWELLING MRS E NELSON

7502069 SUMMARY: The building is close to the centre of Kirkby Lonsdale and, in principle, its conversion to a dwelling is appropriate and acceptable. Negotiations are being undertaken to see whether the degree of overlooking of Fountain House can be lessened and to ascertain whether vehicle turning can be better accommodated.

KIRKBY LONSDALE TOWN COUNCIL: Grant subject to the opening on to Mitchelgate being built up with matching natural stone.

CUMBRIA HIGHWAYS: Manoeuvring space is limited. The whole of the area shared by this building and the adjacent Coach House should be made available for both properties.

KIRKBY LONSDALE CIVIC SOCIETY: To be reported.

OTHER: One letter of objection has been received from the owner of the neighbouring property, Fountain House. The main grounds of complaint can be summarised as follows: • Three additional windows and a door will overlook the garden and rear elevation of Fountain House. This will lead to overlooking and a loss of privacy and will detract from the sense of security. • The additional traffic passing close to Fountain House will represent a considerable loss of privacy and a risk to security. Large numbers of people with access through the double gates will open up the rear of Fountain House to intruders. • There is insufficient turning space for vehicles within the site. Drivers may be forced to reverse out of the site on to Beck Head. To permit this development would cause traffic dangers and difficulties within a limited space.

HISTORICAL CONTEXT: None.

Page 3 of 55 DESCRIPTION & PROPOSAL: This stone-built, slated building fronts on to Mitchelgate close to its junction with Beck Head. It shares a yard with the adjacent property, the Coach House, which is the same ownership. Vehicular and pedestrian access is shared with both the Coach House and Fountain House, a listed building which fronts on to Beck Head. The proposal is to convert the building in question into a three-bedroom dwelling. An existing double garage within the ground floor of the building is to be retained and vehicular access will be shared with the Coach House and Fountain House. There is to be no vehicular access direct from Mitchelgate. Parking for the Coach House will be within the shared yard which, as pointed out by Cumbria Highways and the owner of Fountain House, is restricted in area with limited space available for vehicle manoeuvring. So far as the overlooking of the rear of Fountain House is concerned there is a distance of some 128 metres between the two buildings. A lounge window in the main (east) elevation at first floor level and a bedroom window in the second floor have the potential for overlooking the rear of Fountain House. Finally, the large opening on to Mitchelgate, which currently features a wooden door, is to be built up and faced with stone.

POLICY ISSUES: The building is within the built-up area of Kirkby Lonsdale and is also within the Conservation Area. Policy H11 of the Local Plan permits the residential conversion of buildings within development boundaries subject to certain criteria being met. Kirkby Lonsdale is one of the key settlements identified in the Deposit Structure Plan as being appropriate for growth. Local Plan Policy C16 requires the Council to have special regard to the desirability of preserving or enhancing the character of a Conservation Area. The protection of residential amenity is a recognised material planning consideration.

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: In architectural terms the proposed conversion is of an appropriate standard for the Kirkby Lonsdale Conservation Area. The two major issues to be resolved are those of vehicle manoeuvring within the site and the potential loss of privacy for the occupants of Fountain House. Both are the subject of negotiation with the applicant.

RECOMMENDATION: The Strategic Director (Customer Services) will report on the outcome of negotiations.

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3 SL/2005/0618 KENDAL: LOUND PLACE, LOUND STREET, KENDAL PROPOSAL: RESIDENTIAL DEVELOPMENT OF 24 UNITS IN TWO 2- STOREY APARTMENT BLOCKS WITH ASSOCIATED CAR PARKING AND 11 COACH PARKING SPACES KENDAL RIVERSIDE LIMITED

3511096 SUMMARY: Deferral is recommended to enable Members to visit this site along with K-Village.

KENDAL TOWN COUNCIL: Refuse: Canal protection line; inadequate access.

CUMBRIA HIGHWAYS: The proposed access junction layout with Parkside Road needs to be revised to accommodate the cycleway and an improved visibility splay. The proposed visitor parking provision exceeds the Cumbria County Council guidelines; the excess visitor parking should be reallocated as residential parking.

COUNTY ARCHAEOLOGIST: The site lies within an area of archaeological potential. The former Lancaster Canal runs through the site and the Lound Canal Wharf lies immediately adjacent. Significant archaeological remains may survive on the site which would be damaged or destroyed by the proposed development. The site should be subject to a programme of archaeological investigation and a condition to this effect should be attached to any planning permission that might be granted.

KENDAL CIVIC SOCIETY: Object strongly to this proposal. Vehicular access to the site will be from Parkside Road via the proposed route designated for the development of the Lancaster Canal Restoration. This is therefore in direct conflict with Policy L12 of the Local Plan. Similarly, the old coal wharf and turning basin is shown as a coach and car park. As this is of significant archaeological and historical importance, relative to the old canal, it is the Civic Society’s view that this should also be preserved and reinstated, probably as an old wharf and landing area, as an integral part of the proposed canal restoration. The proposals for this part of the site are therefore also in direct conflict with Policy L12 of the Local Plan. In design terms, the scheme is seriously flawed, as it pays no respect to the future development of the canal basin, with plain rendered gables and “mock” chimneys as the façade facing the canal. The suggested external treatment is repetitive and mundane and lacking in any “design” input or flair, with the window format and rhythm very poorly articulated. Such design issues are of critical importance for what will be a significant section of prime waterfront site.

Page 5 of 55 Landscaping appears to consist of three solitary trees, set in an uninterrupted expanse of concrete sett paving and asphalt with no soft landscaping near or between the proposed blocks of accommodation. Car parking is shown as a bland and unconsidered linear block between the new buildings and the canal with no thought as to how best to integrate this both visually and spatially. Windows of adjacent blocks are only 10.8 metres apart with habitable rooms looking directly into the proposed opposite block – completely disregarding the generally accepted standard distance between dwellings of 20 metres. The scheme is so intensive that the applicants have located a block so close to existing residential accommodation on Garden Mews that they have had to show all first floor windows on the South Terrace as “false” windows, with 6 bedrooms having no means of natural daylight or view. The applicants show conservation rooflights along this elevation – 4.5 metres above floor level and wholly inappropriate and inaccessible for new residential property. This elevation is again only 1.8 metres from existing dwellings and such proximity and overlooking issues should have been considered and designed out at an early stage rather than relying upon pseudo mock windows and high rooflights to overcome these difficulties. To summarise, therefore, so much is clearly wrong with this scheme that we suggest it must be rejected on policy, design, overlooking, privacy and access grounds. This is a real opportunity to design a very fine canal-side mews type development, and the developers have singularly failed to consider event the most basic of issues. Kendal deserves better and we urge you to refuse such a poorly considered residential scheme.

LANCASTER CANAL TRUST: The Local Plan protects the route of the canal from any development that may be prejudicial to its restoration. The canal is currently the subject of a study and the stretch between Natland Road and Canal Head forms the first phase of the full restoration of the waterway between Kendal and its present navigable limit at Tewitfield. It is vital that any proposed development which may prejudice the restoration to Canal Head must be rejected, at least until the study is completed, part of which is to identify those elements of the line which must be retained to enable the navigation to be reconstructed. It is noted that part of the area of development encompasses a former wharf and basin, now filled in, used for transhipment of coal carried on the canal. As the coal supplied the domestic and industrial needs of Kendal prior to the construction of the railway to the town, it is clearly of significant historical importance. The study will identify whether there are any benefits to reopening the basin in the context of modern day useage of the canal. Should it be that there is no immediate benefit perceived, the Trust would wish to see the wharf and basin area protected against any development that may prevent the area being returned to former use in the future and that any development recognises the historical importance of the site. This could include ground clearance to expose the surface of the original basin wash walls which it is believed, remain in situ, combined with information panels illustrating the area’s importance within the history of the town.

COMMUNITY & HOUSING MANAGER: No specific proposals have been made in respect of affordable housing.

ENVIRONMENTAL PROTECTION MANAGER: Agrees with the recommendations and assessments submitted in respect of land contamination, noise and air quality.

CULTURAL AND ECONOMIC PROSPERITY MANAGER: Acknowledges the applicant company’s support for the redevelopment of the canal and how the proposals have attempted to avoid constraining the canal corridor further than the existing access road. However, the proposal to park coaches within the canal corridor does constrain future development options and would place additional cost on the canal redevelopment. The corridor of the canal must be maintained. If there is doubt that the development will not prove to provide sufficient coach parking to serve the new development, subsequent solutions should be anticipated and identified now.

Page 6 of 55 CONSERVATION OFFICER: The proposals relate reasonably well to the scale of development nearby but offer a rather mediocre solution in detailed design terms. The submitted proposals offer little more than most off-the-peg housing schemes and do not present a particularly well-considered response to context, where richer and more elaborate forms add greatly to the distinctive sense of place. In broader urban design terms the creation of an introverted development, physically segregated from the adjacent streets, is perceived as a weakness. In addition, the application site backs on to the former edge of the Kendal to Lancaster Canal, which stands a very good chance of being restored in the near future. No attempt is made to consider the amenity and spatial potential of this likely development and I therefore believe that an opportunity is being lost to create a more distinctive environment in a promising waterside location.

OTHER CONSULTEES: Responses are awaited from British Waterways, the Environment Agency, Cumbria County Council (Strategic Planning Consultation) and United Utilities.

OTHER: 65 letters of objection have been received. The main grounds objections are: • the development will prevent the former canal from being restored and the former Lound Wharf from being brought back into use; • the close proximity of the southern terrace to the Garden Mews houses will lead to a loss of privacy, will cause over-shadowing and will result in a severe diminution in the quality of life currently enjoyed by the occupants of the affected properties; • the proposal, if permitted, would result in an over-development of the site; • the installation of false windows in the first floor of the south elevation of the terrace which backs on to Garden Mews indicates that the proposal represents an over-development of the site. The rooms in question would be lit only by rooflights and would provide a quality of environment far below that expected from modern housing. Deletion of the first floor flats would obviate the problem; • the bin store is too close to the Garden Mews properties; • the coach/car parking spaces are too close to the houses at Ivy Bank and Garden Mews. The living conditions of nearby residents would be adversely affected by reason of noise and pollution particularly from coaches with engines running. In addition the retaining walls would be damaged; • the reduction in the number of coach parking spaces from the 15 originally proposed to 11 will mean that the number of spaces available will be wholly inadequate to serve the redevelopment of K-Village; • neighbouring residents will suffer a significant loss of privacy by reason of people walking to and from the coach park to K-Village; • the coach parking will detract from the historic setting of Change Bridge; • because of their considerably greater depth and lower pitches the proposed buildings will be of a very different massing to the shallower depth of the houses on Lound Street and the neighbouring streets. The new development bears little relationship to the residential character of the locality; • the development does not respect the existing street frontage established by the terraces of Lound Street; • the use of white-painted render is inappropriate; • the increased use of the access from Parkside Road will exacerbate traffic congestion; • in the future a bridge will be needed to carry Parkside Road over the restored canal. The bridge will obstruct the junction of the proposed access road with Parkside Road; • the drainage system will be unable to cope with a further 24 dwellings; • high voltage power lines directly above residential properties are unacceptable.

Page 7 of 55 DESCRIPTION & PROPOSAL: The application site is located between the termination of Lound Street and the line of the former Lancaster Canal. An electricity sub-station stands to the north and to the south are the houses on Garden Mews and Ivy Bank. A utilitarian storage building currently occupies the south-west corner of the site behind Garden Mews. The application site is currently used as the overflow car park for K-Village. There are three components to the submitted planning application. Firstly, the erection of two fencing terraces adjacent to the north and south site boundaries, respectively. The terraces are two-storey in height and will contain a total of 24 flats. The second component of the application is the provision of 11 coach parking spaces in connection with the K-Village redevelopment. The third component is the provision of 36 car parking spaces for the 24 flats. Vehicular access is to be from Parkside Road rather than from Lound Street. The long elevations seek to reflect the terraced rows of houses on Lound Street. The proposed development, however, is lacking in detail and has a mostly undifferentiated roofscape. The terraces step in at the eastern end to avoid the overhead power lines and the two blocks will be 9 metres apart here; the blocks closer to Lound Street are 16 metres apart. In order to accommodate the 24 flats the depth of each terrace is 14 metres which is almost twice the size of the traditional terraced houses on Lound Street. The terraced block in the south-western part of the site is to be built close to the Garden Mews properties with wall-to-wall distances of between 11 and 12 metres. In order to avoid overlooking from the first floor to Garden Mews to the south false windows are to be installed. The rear bedrooms in the upper floor flats will be lit by rooflights. The materials to be used in the construction of the two terraces are slate roofs and a smooth render. The latter will contrast with the masonry construction of Lound Street, Ivy Bank and Garden Road although Garden Mews features a roughcast finish. Three rows of car parking spaces are proposed: alongside the east-facing gables of the two terraces; adjacent to the retaining wall on the eastern boundary of Garden Mews; and alongside the boundary wall to the rear of Ivy Bank. Eight of the coach parking spaces are to be located on the route of the canal to the east of the proposed buildings. The remaining five will be adjacent to the car parking spaces behind Ivy Bank. Finally, the dustbin store is to be sited adjacent to Garden Mews.

POLICY ISSUES: Policy L12 of the Local Plan protects the route of the Lancaster Canal and reads as follows: “Development will not be permitted which would be likely to prevent or impair the restoration of the Lancaster Canal, along the route shown on the Proposals Map, or which would result in the loss of any buildings, locks or other structures associated with the canal. Any essential development that would affect the alignment of the canal will only be permitted if adequate arrangements are made for its restoration on an alternative alignment, and for the restoration or improvement of the canalside towpath and its links to existing footpath routes. The Council will seek the restoration of the canal in association with any adjacent development, where the canal route is in the same ownership and where restoration would benefit the proposed development. Such restoration must take into account the importance of and the need to protect the wildlife interests of the canal, whilst recognising the primacy of navigation as being the reason for the existence of the canal.” Part of the application site is within the Conservation Area: the route of the canal between Parkside Road and Change Bridge and the former canal wharf between Garden Mews and the canal and to the rear of Ivy Bank. Change Bridge itself, which dates from around 1818, is a Grade II listed building. Policy C16 of the Local Plan reflects the statutory duty of the Council to have special regard to the desirability of preserving or

Page 8 of 55 enhancing the character of a Conservation Area. Policy C15 has regard to preserving a listed building and it’s setting. The site is within the development boundary of Kendal and the town is one of the five key settlements in the District identified in the Proposed Changes to the Structure Plan (Policy ST5). Regional Planning Guidance permits, within a quota, residential development on brownfield sites in sustainable locations. Local Plan Policy H4 permits housing on suitable small sites within Kendal, provided this does not involve the loss of important open space. A small site is normally defined as a single site of less than 0.25 hectares (the total area of the application site is 0.52 hectares). The pre-amble to Policy H4 does, however, state that, exceptionally, sites larger than 0.25 hectares might be acceptable depending on their location and nature. Policy H8 of the Local Plan requires a proportion of housing to be affordable on developments, within Kendal, of more than 25 dwellings. The protection of residential amenity is a material consideration in the determination of planning applications.

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 purpose of this report is the same as that written for the K-Village redevelopment. The visit to be arranged for K-Village should include this site as well. It will ensure that Members are aware of the nature of the site and the character of the surrounding area; the relationship of the new buildings to house the 24 flats, together with the coach and car parking spaces, to neighbouring residential and other development; and the relationship of the development to the canal and the site of the former Lound Wharf.

RECOMMENDATION: Defer for a site visit. - - - o000o - - -

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4 SL/2005/0619 KENDAL: K VILLAGE SITE, LOUND ROAD, KENDAL PROPOSAL: MIXED RESIDENTIAL, LEISURE AND FACTORY OUTLET CENTRE DEVELOPMENT INCLUDING 120 2-4 STOREY APARTMENTS,4182 SQ METRE GROSS FACTORY OUTLET CENTRE, 1733 SQ METRE OF RESTAURANT FLOORSPACE & A 511 SQ METRE HERITAGE CENTRE ,INCLUDING ASSOCIATED CAR PARKING LANDSCAPING AND INFRASTRUCTURE. KENDAL RIVERSIDE LIMITED

3520025 SUMMARY: Formal consideration of this proposal should be deferred to allow Members the opportunity to visit K Village and to allow time for consultees to respond.

KENDAL TOWN COUNCIL: Approve subject to appropriate conditions relating to highways considerations and to local occupancy of the residences.

CUMBRIA HIGHWAYS: Further consideration is needed to ascertain whether the roadworks within the public highway will be acceptable. An assessment of car parking, occupancy for the existing and proposed developments is needed together with: revised junction arrangements at Aynam Road/Nether Bridge; revised signal junction layouts at Lound Road/Parkside Road and Lound Road/K Village access; revised lane arrangement for Lound Road; revised junction arrangement at Parkside Road/Lound Place.

ENGLISH NATURE: There is insufficient information to advise whether the development is likely to have a significant effect on the features of interest and site integrity of the River Kent Special Area of Conservation. There is an otter holt/resting site located near to the site; bats are also present. Because of the absence of sufficient information on protected species, English Nature objects to the proposed redevelopment pending submission of the results of the required surveys.

COUNTY COUNCIL’S ASSISTANT ARCHAEOLOGIST: The site lies within an area of archaeological significance. Remains of an 18/19th Century tannery and an early 19th Century factory have been revealed. Significant archaeological remains survive on the site which would be damaged or destroyed by the proposed development. It is recommended that further information be provided before a planning decision is taken regarding the archaeological and historic significance of the buildings which are to be demolished.

ENVIRONMENTAL PROTECTION MANAGER: Agrees with the recommendations made in the land contamination report; agrees with the air quality assessment; and recommends that conditions be attached to prevent noise nuisance to the proposed residential units.

Page 10 of 55 ARBORICULTURAL ADVICE: Trees are a significant element, particularly along the west side of Lound Road. Some 15 semi-mature trees are to be removed but a number of (probably) self-seeded trees are to be retained. These have the potential to cause damage to retaining walls. The submitted planting scheme proposes 14 semi-mature beech trees planted in a row close to the river; six of these trees will be directly in front of the apartments. The wisdom of planting trees of this species so close to the apartments is questionable, as they will eventually block light and views. It is recommended that: • most of the existing trees be retained and supplemented by new planting; • trees other than beech be planted; • the planting be extended along the full width of the development; • the new planting should utilise more appropriate species.

CONSERVATION OFFICER: It is considered that the riverside block, with its continuous base topped by a series of more individual blocks, is the element which works most successfully in formal design terms due to the logical simplicity of its repetitive form and the vigour of the pattern it establishes. However, the scale and massing of this block are not so well considered and on this basis I am reluctant to offer my support for this part of the scheme. I have some more minor concerns about the street environment that will be created in Lound Road due to the lack of real variation in its form and a failure to offer genuine uses along this side of the complex, and I have, therefore, made some suggestions about a need to further enliven this elevation through greater variation in shape and form. The proposed ends of the complex are rather mundane in architectural terms and do not respond adequately to the needs of this gateway site to establish a clear architectural form or statement. They relate poorly to the contrasting forms of the longer elevations and the north west end fails to create a landmark focus which might offer clear linkages to Kirkland across the river. It is considered that the treatment of these elevations requires further attention if the design of the overall scheme is to be considered acceptable. In broader urban design terms there appears to have been little attention given to the design of elements such as key corners or the detailed design of elevations that terminate views along some of the side streets. I would also like to suggest that the architects should strive to create new views and vistas that add to the variety and pattern of the setting.

COMMUNITY HOUSING MANAGER: No specific proposals are put forward in respect of affordable housing.

CULTURAL & ECONOMIC PROSPERITY MANAGER: • Redevelopment of the site is required to ensure that the site is of benefit to Kendal and its immediate neighbourhood. The existing building stock is in deteriorating condition. • The Council needs to be mindful of the competitive market for retail investment which will enable this investment in Kendal. The development marks a very significant private sector investment in the town which will be instrumental to Kendal retaining and increasing its visitor/tourism offer. Kendal has increasingly to compete with, and differentiate from other regional centres. Kendal needs the investment of the private sector to enable the town to do so. • The proposal appears to offer a development of high quality. • The existing use as a factory outlet is the most appropriate use of the site and development offers the only real means of maintaining developer investment on the site. • In considering the proposals, we have to be cognisant of the dynamic retail environment. Retail has to keep pace with trends and customer opportunities. We are aware of the competition the proposal may

Page 11 of 55 post to the town centre and adjacent shopping districts. However, the proposal’s “factory outlet” retail offer is complementary to Kendal’s town centre offer. • The Council must seek planning gain to ensure that the customers generated by the proposed development are encouraged to extend their visit to the town centre and adjacent shopping areas. This could be achieved through signing , information and improving pedestrian links to the town centre – eg via Kirkland and or the riverside. Investment in developing the public’s perception of Kendal’s “whole offer” should be significant and comprehensive. • While recognising the benefits that could accrue to the town, we would like to see a stronger evidential base for assessing impact on the town centre. We are surprised that the applicant does not provide a retail impact assessment. This may be due to the existing permission which allows the retail floor space proposed. The applicants’ referral to existing town centre businesses who are expressing an interest in the site should be more detailed, and demonstrate any conflict with the “factory outlet” concept. • We question the balance of total floor space between employment (retail) and residential. Whilst increasing the retail floorspace further is not a favoured option we believe consideration should be made of using some of the residential proposal for workspace. Work studios could be an option, developing a market for small business premises and especially in the cultural/creative sectors. • We support the design proposals which create an active retail frontage on to Lound Road. The riverside environment appears to be well used to create an attractive environment for the development and users of the retail and catering offers. • We question whether the parking provision is adequate for the usage expected of the development. This is especially so with the reduction of overflow car parking capacity on Lound Place. Impact upon traffic flow and congestion, in relation to the expected turnover of vehicles will need assessment. • We are concerned that all coach parking provision has to be supplied by the Lound Place site and that 6 of the 11 proposed coach parking areas are shown within the line of the canal redevelopment. With canal redevelopment, coach parking would be severely restricted and have an impact on the centres function. The developer must address a sustainable coach parking solution and not rely on the canal redevelopment to find an alternative site. Can the developers provide figures for both current coach capacity and use, and those anticipated after the new development?

OTHER CONSULTEES Consultation responses are awaited from Cumbria County Council (Strategic Planning Consultation), the Environment Agency, the Government Office for the North West, and Kendal Civic Society. Submissions will be made on behalf of Ethel Austin Properties (Kendal) Ltd, the owner of the Westmorland Shopping Centre and Maple Grove Developments. The latter company has submitted a planning application for the redevelopment of the western end of Woolpack Yard adjacent to Marks & Spencer. The application proposes a 3,300 square metre retail development and a 50-bed hotel.

OTHER: 54 letters of objection have been received. The major grounds of objection can be summarised as follows: • The reasons for refusing planning permission for the previous scheme, following the public inquiry, remain equally valid today. The proposed retail redevelopment would create a second shopping centre in direct competition with Kendal town centre. Trade will be drawn away from the town centre and independent retailers will be the first to suffer. • The scale of the development is inappropriate. The building is too large for Kendal and the Lound Road area in particular. It is also taller in most places than the present building particularly at the northern end. • The proposal represents an over-development of the site. There are too many flats and an insufficient number of affordable units. If the development is permitted it will affect the number of new houses allowed in Kendal and throughout the District. • The proposed redevelopment is disproportionate in terms of the scale of the building, the retail competition with the town centre retailers and the provision of 120 flats. The majority of those able to

Page 12 of 55 afford the flats will be retired elderly people and it is questionable whether the infrastructure, particularly the health services, will be able to cope. • The development will be visually detrimental to the setting of Nether Bridge. The loss of public views from the Aynam Road direction would be significant. Nether Bridge would be dwarfed by the development. • Poor design. The design is as bad as the last one. It does not fit in with any of Kendal’s present architecture and history. Any new building in such a visually sensitive part of this tourist town should be faced with limestone. The majority of the external walls of the development, particularly on the river frontage, are in render. White paint would be inappropriate and obtrusive. Elsewhere, local stone has been used to face larger buildings. This building will represent the largest single feature in the town. It is on a major and conspicuous entrance to Kendal and the opportunity should not be lost to ensure that it harmonises with the town and makes a positive contribution to the townscape. • The riverside elevation rises to a considerable height and will create the impression of a canyon along this stretch of the river. • Turning the riverside into a shopping gallery will greatly detract from the amenity of the town. • As this proposal is for a mixed use it will have a huge impact on local residents. At present K Village closes at 6pm. The proposed catering outlets will encourage younger people who will hang around the local area after they close. If there is a fast-food outlet there will be a subsequent increase in noise and rubbish. • Loss of privacy for Lound Road residents. The occupiers of the houses on the opposite side of Lound Road would be overlooked. In addition, those people living opposite the coach drop-off point would have 55 people in any one coach staring in at them. • Traffic congestion. The traffic generated by the redevelopment will cause congestion not only on Lound Road but also on all the surrounding roads and in the vicinity of Kirkbie Kendal School. • Increase noise and smells. There will be a massive increase in noise and traffic pollution, especially as some of the units will be open late in the evening. In addition, if some of the 120 flats become holiday homes, there will be a consequent increase in noise levels. • Flood risk. A two-storey underground car park will adversely affect the water table and result in flooding in the area. Lound Road was flooded in January this year due to the overspill from Aynam Road. The two levels of basement will, at times, be below water level. • Neighbouring residents will suffer from noise and general disturbance and nuisance during building operations. Two letters of support have been received. The main arguments put forward are: • The redevelopment will help to regenerate Highgate and Kirkland. • The development will complement rather than damage the town. • It will bring more people to shop in Kendal and will offer further accommodation with parking.

HISTORICAL CONTEXT: Permission was first granted in 1988 for the retail sale of “seconds” shoes when K-Shoes still operated from the site. Further permission for additional retail floorspace was given in 1991. Following the closure of the factory in 1993 further proposals were made to reuse 1,774 square metres of floorspace for factory shopping, together with a café and heritage centre. In December 2000 permission was granted for the partial redevelopment of K-Village to include additional units and the change of use of the former first floor offices into a café. This has not been implemented because of the structural condition of the upper floors of the buildings. An application to extend the life of the permission for a further five years has recently been submitted (reference SL/2005/0822). In March 2002, an application was submitted for a purpose-built factory outlet centre to provide 7,400 square metres gross retail floorspace, 455 square metres restaurant space, 400 square metres heritage centre, 220 square metres management suite and 533 car parking spaces. This application was called-in for decision by the Secretary of State and a public inquiry was held in March and May 2003. Following the inquiry the

Page 13 of 55 application was refused planning permission by the Secretary of State. The major issues which came out of the inquiry can be summarised as follows: • The site is out-of-centre and not edge-of-centre. • Give its past and present use and its out-dated and declining appearance, the site is suitable for redevelopment as a purpose-built factory outlet centre, if done in a manner sympathetic to the surrounding area. • There is a need for additional comparison goods retail floorspace in Kendal. • Quantitative need had been established for additional goods retail floorspace in Kendal but that little weight can be accorded to the qualitative need. • Trade diversion from the town centre would be limited. • The Secretary of State was not satisfied that there was sufficient information or evidence to conclude whether or how the proposal would impact on the vitality and viability of the town centre. • The proposed development would not be adequately integrated with the town centre. • There were sequentially preferable sites available. • The regeneration benefits envisaged for Kirkland in terms of increased footfall are unlikely to happen. Linked trips between K-Village and the town centre are not likely to occur. • The extant planning permission is unlikely to be implemented because of the poor structural condition of the upper floors. In conclusion, the Secretary of State accepted that need for further retail development had been demonstrated but was of the view that there were sequentially preferable sites available and that the application site is not adequately integrated with the town centre. Although the Secretary of State accepted that trade diversion from the town centre to K-Village would be limited, he did not consider that he had sufficient information to be able to agree with the Inspector’s conclusions on vitality and viability. Having considered these issues, the Secretary of State concluded that the proposed development did not comply with PPG6 and was of the view that even if he concluded that there would be no impact upon the vitality and viability of the town centre, this would not have affected his conclusion as there were sequentially preferable sites. The Secretary of State also concluded that the proposed development would be contrary to PPG13.

DESCRIPTION & PROPOSAL: This current proposal for the redevelopment of the K-Village site comprises:- • Ground Floor: - 23 retail units with a net floor space of 3,102 square metres. This equates to the existing retail floorspace (2,081 square metres) plus that permitted by the extant planning permission dating from December 2005 (reference 5/00/1756). There will also be 1,170 square metres of retail storage. - Four catering establishments extending to 1,700 square metres in total area. They will include a restaurant, a coffee/pastries shop, a larger café for coach visitors, and a wine bar/bistro. Three of the catering units will have a frontage on to the riverside. The majority will trade, particularly in the tourist season, until 11.00pm, utilising the underground car parking and infrastructure which will be available until midnight each night. - A 500 square metre heritage centre with regularly changing displays of footwear, its history and its manufacturing. - Outside there is to be a riverside walk, a children’s play area and public space adjacent to Nether Bridge. • 1st, 2nd and 3rd Floors: - 120 flats comprising 3 studio flats, 24 one-bed flats, 88 two-bed flats and 5 three-bed flats. The flats are to be grouped around a courtyard amenity space.

Page 14 of 55 It should be noted that all the first floor windows in the Lound Road elevation are to be built-up behind the frames to avoid overlooking of the houses on the opposite side of the road. • Basement Level 1: - 300 retail customers’ car parking spaces, 30 visitor spaces for the flats and 30 disabled persons’ spaces. • Basement Level 2: - 120 car parking spaces for residents. • The Proposed Building: One of the main issues facing the redevelopment of this site is whether the design is appropriate in the diverse context afforded by its location at a point of transition between the historic core of the town and the suburban expansion of the Victorian period. The riverside elevation features a continuous, curving frontage incorporating a repetitive sequence of projecting, storied bays surmounted by flat or pedimented parapets. A strong elevational rhythm is created. The roof, which follows a mansard configuration is, nevertheless, very dominant. A continuous canopy is to be constructed to protect the retail shopfronts on this riverside elevation. The riverside elevation features bold forms based on classical proportions. It creates a monumental frontage which is at odds with the more modest surroundings across the river. The Lound Road elevation includes elevations of lower effective scale beneath a mostly consistent eaves height. However, the pleasing variety of the townscape nearby is a result of 150 years of accretion and it is rarely possible to replicate this successfully in a single monolithic development. It is a consequence of the internal layout that the ground floor is given over largely to low use or inactive spaces rather than to a series of smaller retail units along Lound Road. This means that the various display windows and door openings are, for the most part, fake and do not provide genuinely active interfaces with the pavement. When combined with the decision to provide the upper floor apartments here with blind windows, so as not to overlook the houses opposite, this results in a street with little opportunity for casual surveillance from within the building. Such a predominantly blind façade could encourage unsociable activity. The north, or Nether Bridge elevation represents a major opportunity to provide a distinctive, landmark elevation. That proposed, however, offers an irregular, slightly concave form which lacks any real finesse or formal elegance. A significant public space is to be created on this part of the site adjacent to the War Memorial but the backcloth to this space would be better served by a building of high quality and distinctive design rather than that being proposed. Although the south elevation is well-considered it is dominated by the large voids required for the entrance/exit to the basement car parks and the servicing needs of the retail units. These out-of-scale units will be prominent in views from outside the site. There is little real information in the drawings to indicate how the internal shopping mall is likely to appear. It is, however, apparent that it will be a fully enclosed, internal space with low ceilings and typical mall-type characteristics. The predominant facing material proposed for the walls is a smooth render, either coloured white or left unpainted. The result would be a building complex dominated by smooth white surfaces, only occasionally differentiated by stonework details. In contextual terms this would create a profound juxtaposition. Few of the adjacent buildings on Lound Road or South Road are rendered and many exhibit good quality stonework and distinctive stone and timber detailing. On a scheme of such a scale, the materials used should be as high in quality as those found in the neighbouring buildings. Natural slate is to be used as the roofing material. In terms of proportions, the greatest mass of the building is focussed on the riverside elevation, especially towards the centre. This results in a block of considerable mass that is visibly out of scale with its neighbours. As a result of its likely monumental appearances its potential impact is likely to be detrimental to the neighbourhood. • Vehicular Access:

Page 15 of 55 All vehicular access into the redeveloped K-Village site is at the current access point at the southern end from Lound Road. Traffic lights are proposed at the site entrance on Lound Road between Garden Road and Lound Street and at the junction of Parkside Road with Lound Road. Two sets of pelican crossings are proposed at the junction of Aynam Road and Nether Bridge. Cumbria Highways have commented that the proposed mix of zebra and pelican crossings at this junction would confuse pedestrians and drivers alike. Coaches will park in a lay-by alongside Lound Road to allow passengers to alight. The coaches will then park on Lound Place (see application SL/2005/0618) until the passengers are due to be collected.

ASSESSMENT: The purpose of this report is to introduce Members to this proposed redevelopment of the K-Village factory outlet centre and to arrange a site visit. The site visit will ensure that Committee Members are aware of the nature of the present buildings and factory outlet centre, the character of the surrounding area, the physical characteristics of the proposed redevelopment and its physical relationship with its surroundings, hence the emphasis in this report on the issues of design, proportions, massing and materials. A future report will advise on policy issues.

RECOMMENDATION: Defer for a site visit. - - - o000o - - -

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5 SL/2005/0682 ULVERSTON: ULVERSTON HEALTH CENTRE, VICTORIA ROAD, ULVERSTON PROPOSAL: DEMOLITION OF EXISTING CENTRE & ERECTION OF TEN DWELLINGS MORECAMBE BAY NHS PRIMARY CARE TRUST

6900278 SUMMARY: Outline application for residential development on former Health Centre site. Concerns over aspects of indicative plan submitted. Principle considered to be acceptable.

ULVERSTON TOWN COUNCIL: This proposed project is both over intensive and unneighbourly. The Town Council also have concerns over access to Victoria Road and inadequate parking. REFUSE.

CUMBRIA HIGHWAYS: The roadworks must be constructed to an adoptable standard. A full safety audit must also be undertaken. The existing access to the south of site must be permanently closed off. The site must include a turning head suitable for refuse vehicles.

COUNTY ARCHAEOLOGIST: As the site lies within an area of archaeological potential I recommend that a programme of archaeological investigation be undertaken before any development commences.

ARBORICULTURAL OFFICER: The 3 mature lime trees which line Victoria Road are of a good condition and have an amenity value. However protecting them from construction damage will be difficult due to their size and close proximity to the site. Consequently I do not think it is appropriate to protect them by a Tree Preservation Order.

OTHER: Four letters of objection and two letters of comment have been received from neighbouring residents in respect of the proposal. Their main concerns relate to: • the density of the proposed development in that they consider that 10 dwellings represents an over intensive use of the site • the construction of three storey dwellings would result in the loss of privacy for neighbouring residents particularly as the site is elevated • the fact that there appears to be insufficient parking to serve the proposed development – at least two parking spaces per dwelling should be provided

Page 17 of 55 • the fact that the proposal would exacerbate existing traffic and parking problems on Victoria Road • the closeness of the entrance to the residential home • the potential impact on the trees along the frontage which are important to the amenity and should be retained • the trees provide a valuable shelter and assist with the natural drainage of the site.

DESCRIPTION & PROPOSAL: This outline application relates to the former health centre which is located on Victoria Road between a nursing home (Marsh House) and special needs residential accommodation. Private dwellings are located opposite on the eastern side of Victoria Road. The site has been vacated following the relocation of the health services to the new hospital building on Stanley Street. The area of the site is approximately 0.27 hectares. An application has been submitted by the local National Health Service Trust with a view to establishing the potential for residential use of this site. An indicative layout which accompanies the application shows the demolition of the existing single storey building and the construction of a total of ten dwellings, utilising the existing access which also serves Marsh House. The dwellings would include four three-storey detached properties along the rear part of the site and a total of six two-storey terraced properties along the frontage. Three mature lime trees are located along the front of the site which are shown to be retained. The indicative plan shows one parking space for each of the terraced houses and two for each of the detached properties. The layout does however appear to enable more parking spaces to be included within the site.

POLICY ISSUES: The site is located within the development boundary of Ulverston which is one of 5 Key Settlements where development should be focussed. Policy H4 of the Local Plan supports small-scale residential development in Ulverston and Kendal providing it does not remove important open space.

ASSESSMENT: Although an indicative plan has been submitted with details of the number and type of housing that could be provided, the consideration in this case relates to whether the principle of residential use on this site is acceptable. Details of access, design, layout, and parking provision would be dealt with as a reserved matters application, although Members may wish to comment on the proposed density of development. The site is located within an established residential area, and as such the proposed use is not inappropriate and accords with Policy H4 of the Local Plan. The site has become available as a result of the amalgamation of health services at the new hospital development and is therefore surplus to requirements. The loss of this site to residential use in itself would not result in a reduction of existing services. Concerns have been raised by the Arboricultural Officer with regards to the impact this development will have on the lime trees on the site frontage. This will be determined by the siting of any dwellings. This can be controlled by means of a Reserved Matters application. It is recommended that outline planning permission be granted for residential development on this site for an unspecified number of dwellings. However, it is considered that an indication accompanies the decision notice to include the requirements of the Highways Control Officer, the Arboriculturist and the Archaeologist.

Page 18 of 55 RECOMMENDATION: GRANT subject to:- Condition (1) The submission to and approval by the Local Planning Authority before development commences of all details concerning the siting, design or external appearance of the building/s to which this planning permission relates, the means of access to the building/s and the landscaping of the site (hereinafter called “the reserved matters”). Reason (1) To ensure a satisfactory standard of development on the site.

Condition (2) The development to which this permission relates must be begun not later than whichever is the later of the following dates: (a) FIVE YEARS from the date hereof (b) the expiration of two years from the final approval of the reserved matters, or, in the case of approval on different dates, the final approval of the last such matters to be approved. Application for approval of the reserved matters must be made not later than THREE YEARS from the date hereof. Reason (2) To comply with the requirements of Section 92 of the Town and Country Planning Act 1990.

REASON FOR GRANTING PLANNING PERMISSION: The principle of residential development on this site accords with the principles and guidelines of Policy H4 of the South Lakeland Local Plan.

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6 SL/2005/0716 LOWER HOLKER: LAND ADJACENT TO MOOR LANE, FLOOKBURGH, GRANGE- OVER-SANDS PROPOSAL: ERECTION OF DRYING BUILDING IN NEW TIMBER YARD T KNIPE

7900256 SUMMARY: Local Plan policies encourage appropriate employment development in rural areas. The Strategic Director (Customer Services) will report on the issues raised at the site visit and also the outcome of negotiations to reduce the impact of the building within the landscape..

LOWER HOLKER PARISH COUNCIL: No comments received. The consultation period for comments expired on 01 August 2005.

CUMBRIA HIGHWAYS: The privately maintained road would benefit from improvement and a system of traffic calming to create a maximum speed to 20mph. The vehicular access should be repositioned approximately 15 metres further to the west to avoid conflict with the garage/haulage depot and vision splays should be improved.

ENVIRONMENT AGENCY: To be reported.

UNITED UTILITIES: To be reported.

ENVIRONMENTAL PROTECTION GROUP: The applicant has advised that the site is to be used purely for the storage and air-drying of untreated timber. There are therefore no comments to make on the application.

ECONOMIC DEVELOPMENT GROUP: To be reported.

OTHER: A petition has been received signed by 31 residents of Flookburgh. They object to the scheme on the grounds that it would increase traffic using Moor Lane and the village and result in over development of the site.

Page 20 of 55 Five letter of objection have also been received which raise the following concerns: • pressure on sewage and water supply; • additional traffic using Moor Lane and the Square which is heavily used and congested, particularly in view of the amount of development recently permitted off Moor Lane; • lack of screening for existing units; • the size and scale of the proposed unit; • additional noise from the development and the large transporter vehicles which will use/serve the site; • over development of what was envisaged to be a small scale industrial site on the edge of the village.

HISTORICAL CONTEXT: Various planning permissions have been granted for the development of small industrial units at the business park over recent years.

DESCRIPTION & PROPOSAL: The site is located to the south of the village of Flookburgh. In recent years a range of new workshop units adjoining the site have been developed and further building is currently taking place. The business park is situated on the flood plain surrounded by low-lying land. The application proposes a large storage building (30.68 metres by 20 metres and 8.216 metres high) and attached open sided loading canopy (15 metres by 18 metres and 7.5 metres high). The building would be used for timber storage.

POLICY ISSUES: Policy E4 and E7 of the South Lakeland Local Plan encourage employment development provided that: • the development would not harm the character of the area or amenity of nearby residents because of its scale, appearance or traffic generation; • is of a scale in keeping with the surroundings; • adequate parking and servicing arrangements are provided; and • landscaping details form an integral part of the development. The Local Plan allocated a site for employment use to the south of Moor Lane Business Park but there has been little interest shown in developing the land. Policy C22 states that development will not be permitted in areas at risk from flooding unless appropriate flood protection measures and compensation schemes are provided and measures are also provided to prevent further flooding due to additional surface water run off.

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 are the impact additional development would have on the highway safety of Moor Lane and The Square, Flookburgh, the impact on the amenity of nearby residents, flood risk and the impact on the character and appearance of the site. It is proposed to utilise the building in connection with the applicant’s existing site in Allithwaite.

Page 21 of 55 Expansion of the timber business in Allithwaite is prevented due to the position within a group of residential properties. This proposal would allow the continuation of the existing business by allowing timber storage off the site. Such development to sustain existing business should be encouraged in suitable locations. Subject to various alterations to the access layout within the business park the Highways Authority have no objection to the application. The applicant has stated that the likely traffic generation would be 6-10 journeys per day including 2 HGVs in and out per day. Given the amount of traffic using The Square and Moor Lane at present, such an increase is unlikely to have a significant impact on highway safety. The agent has advised verbally that the building would be used for timber storage only with no mechanical ventilation or generators on the site. Written confirmation is awaited. It is therefore considered that the impact on residential amenity would not be significantly adverse. A scheme for flood protection and compensation has been submitted. The comments of the Environment Agency on this scheme are awaited and will be reported at the meeting. Members will have had the opportunity to view the site on the recent site visit. The proposed building is approximately 3 metres higher than the buildings to the east. However, the building to the rear is of a similar height and the Furness fish building currently under construction adjacent Moor Lane measures 7.1 metres in height. Given the proposed position of the building it would partially be seen against the garage building to the south when viewed from Flookburgh or against the existing complex of buildings. It has been suggested to the applicant that the building could be sited closer to the existing units to reduce the impact of the buildings bulk within the landscape. Any response will be reported at the meeting.

RECOMMENDATION: The Strategic Director (Customer Services) to report on the issues raised at the site visit and the outcome of negotiations with the applicant’s agent. - - - o000o - - -

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7 SL/2005/0749 HOLME: WOODLAND BETWEEN HOLME BECK & MOSS LANE, HOLME, PROPOSAL: ARCHERY & SMALL-BORE RIFLE SHOOTING RANGE & ASSOCIATED BUILDING CHANNEL RINGS TARGET SPORTS CENTRE

7202040 SUMMARY: Members have visited this site which is in the open countryside to the west of Holme.

HOLME PARISH COUNCIL: The Parish Council has no objections to this application and has, in fact, expressed its support for the venture.

CUMBRIA HIGHWAYS: Has requested additional information as to how this proposal will affect the public highway.

RAMBLERS’ ASSOCIATION: To be reported.

UNITED UTILITIES: To be reported.

FRIENDS OF THE LAKE DISTRICT: FLD is concerned that this intensive level of development, comprising a clubhouse building and other structures together with 45 car spaces on 2.05ha would result in a major change in the character of the landscape. It would introduce a level of business and activity on the site, including a large number of vehicles turning into and out of the site and using the narrow access track, which would not be sympathetic to the rural agricultural character of the area. In order to accommodate all the activities and the building, a large proportion of the site would have to be cleared, and this too would significantly alter the character of the site itself away from either traditional forestry or agricultural use. Although some active recreational uses can be accommodated in the countryside, they are usually ones that do not lead to the construction of any new building or structures, or where there would not have to be a significant amount of clearing of trees, or physical change. FLD therefore considers that this current proposal would be in the wrong location for such an intensive recreational development. Instead the applicants ought to find a location utilising, for example, a former quarry site, where such developments would be less likely to cause a significant adverse landscape or visual effect upon the character of the landscape, to the detriment of local amenities. For these reasons FLD recommends refusal of the current application.

Page 23 of 55 ENVIRONMENTAL PROTECTION MANAGER: Has requested information in respect of the noise levels from the type of rifles likely to be used, the range of the rifle bore likely to be used and the intended hours of operation.

OTHER: 51 letters of objection have been received. The main grounds of objection can be summarised as follows: • Moss Lane is the only access road to the site. It is narrow and twisting with poor forward visibility with few passing places and is inadequate to accommodate the traffic that will be generated by the proposed archery and rifle-shooting range. • The surface of Moss Lane is in a very bad state and additional traffic will cause further deterioration. • Moss Lane is popular with walkers, cyclists and horse-riders. Any increase in traffic would cause danger to other users of the road. • Horses will be startled by the sudden noise of rifles being fired. This will not only affect horses on adjacent land but will also put horse-riders on the highway at risk of accidents. • The noise from rifle shooting will adversely affect the living conditions presently enjoyed by the occupants of the properties on the west side of Holme. • A public footpath runs alongside the northern boundary of the proposed archery and rifle-shooting range. There will be a conflict of interest between users of the public footpath and the rifle range. • The application site is a habitat for deer, badgers, otters, squirrels and other small mammals. This habitat will be adversely affected by the proposed development.

HISTORICAL CONTEXT: Members will recall visiting this site.

DESCRIPTION & PROPOSAL: This five acre site, currently mixed woodland, is located on the north side of Moss Lane in the flat, open countryside between Holme and the A6. A public footpath runs alongside the northern boundary of the site. The proposal will see this woodland transformed into an archery and small-bore rifle shooting range. The centre will cater for up to 40 archers as well as shooting competitions. It will be the only small-bore rifle shooting centre between Warrington and north of Carlisle. The woodland around the perimeter of the site is shown, on the submitted plans, to be retained. The archery and rifle-shooting range is to be constructed within the centre of the site and is aligned in a north-south direction. The firing points are to be at the southern end with the targets at the northern end. Beyond the targets are sand bullet traps and a stop butt. There is a gap of between 15 metres and 40 metres between the stop butt and the northern boundary. The public footpath follows this boundary in an east-west direction. A building is to be constructed at the southern end from where the archers and rifle-shooters will aim at the targets. The method of construction and materials to be used are not clear from the submitted drawings. Fifty car parking spaces are to be provided within the site with vehicular access from Moss Lane. It is understood that the shooting range is designed to comply with Ministry of Defence design criteria and specifications.

POLICY ISSUES: There is no specific policy in the Local Plan relating to the provision of new sporting facilities on sites which are in the open countryside. Policy L3 refers to the provision of new facilities for sport and recreation

Page 24 of 55 in the larger settlements and villages to meet the needs of the local community. In this respect, therefore, there is no policy justification for the establishment of an archery and rifle-shooting range in the open countryside. The countryside in which the application site stands does not have any particular designation. Policy 13 of the adopted Structure Plan states that “… development will normally be permitted which in its use, siting, scale and design is well related to existing developed areas of the countryside and does not harm distinctive features of local landscape significance. In the undeveloped open countryside development will not normally be permitted except when it is required to meet local infrastructure needs which cannot be located elsewhere, and provided it is sited to minimise environmental impacts and meets high standards of design.” Government advice on planning for sport and recreation is found in PPG17. Paragraph 26 gives the following advice in respect of sports and recreational facilities in rural areas: “In rural areas those sports and recreational facilities which are likely to attract significant numbers or participants or spectators should be located in, or on the edge of, country towns. Smaller scale facilities will be acceptable where they are located in, or adjacent to villages to meet the needs of the local community. Developments will require special justification if they are to be located in open countryside, although proposals for farm diversification involving sports and recreational activities should be given favourable consideration. All development in rural areas should be designed and sited with great care and sensitivity to its rural location.”

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 there is no Local Plan policy to support this particular proposal it could be argued that a rifle shooting range is better located in the open countryside than within or close to a town or village. PPG17, however, advises that special justification is required if sports facilities are to be located in the open countryside. In this case, the site is approximately 0.5 mile to the west of Holme. It is approached from both Holme and the A6 along Moss Lane. This is a narrow and twisting lane with poor forward visibility and few passing places. The application, as submitted, is lacking in detail and further information is being sought over noise levels, hours of operation, the numbers of competitors likely to be present at any one time, the measures to be taken to ensure that the public footpath is properly protected and the anticipated traffic generation along Moss Lane.

RECOMMENDATION: The Strategic Director (Customer Services) will report on the issues raised at the site visit.

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8 SL/2005/0754 GRANGE OVER SANDS: LAND ADJACENT TO LANGWELL, ALLITHWAITE ROAD, GRANGE-OVER-SANDS PROPOSAL: SINGLE DWELLING HOUSE WITH NEW VEHICULAR ACCESS MR AND MRS B KEELAN

5902063 SUMMARY: This is a brown field site where development is appropriate in principle, subject to appropriate design and access. The Strategic Director (Customer Services) will advise on the progress of negotiations with regards to privacy and highway issues.

GRANGE OVER SANDS TOWN COUNCIL: No objection subject to the access being acceptable to the Highways Authority.

CUMBRIA HIGHWAYS: Recommend refusal of the application in its current form due to the lack of visibility splays and the proximity of the access to the junction of The Old Nurseries and Cart Lane, which would adversely affect highway safety.

OTHER: Two letters of objection have been received on the grounds that the proposed access would be dangerous. Reasons include: • the lack of visibility for vehicles entering and leaving the site; • the proximity to the junction; • lack of surface water drainage (all less than the minimum requirements of the Cumbria Design Guide); • hazard to pedestrians on Cart Lane, which is already heavily trafficked and has no footpath. The second letter also refers to over development of the site, loss of trees, visual intrusion and an unneighbourly overbearing design which would adversely affect privacy.

HISTORICAL CONTEXT: Planning permission was granted for extensions and alterations to Langwell with access from Cart Lane to replace the substandard access off Allithwaite Road, in September 2004.

Page 26 of 55 DESCRIPTION & PROPOSAL: The site is located at the corner of Cart Lane and The Old Nurseries. It is the lower part of the garden of Langwell. The site currently has a range of shrubs, hedging and small trees around the boundary. It is proposed to erect a three-bedroom split-level house with an access off the Old Nurseries. The house would be two storeys adjacent to Cart Lane and single storey adjacent the existing bungalow on The Old Nurseries.

POLICY ISSUES: The site is part of the garden of Langwell and therefore falls within the category of brown field land. Grange over Sands is a Key Settlement where development should be focused. Policy H5 of the South Lakeland Local Plan states that development will be granted subject to satisfactory density, design, layout, landscaping and access details.

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: As the site is part of the garden at Langwell and within the Key Settlement of Grange over Sands, development of the site is acceptable in principle subject to the impact on both the appearance of the site and the amenities of the neighbouring properties and the provision of adequate access. The design of the house is appropriate given the mixed appearance and the houses surrounding the site. The proposal would involve the removal of small trees and shrubs along the boundary with The Old Nurseries and around the corner with Cart Lane. The trees are not specimens which would warrant a Tree Preservation Order. Their removal will not adversely affect the appearance of the site and surroundings, particularly as the trees/shrubs along the rear section of the site with Cart Lane will remain. The dwelling across Cart Lane is sited approximately 13 metres to the northeast. The rear part of the dwelling would be mainly screened from that property by the remaining trees. Amendments to reduce the unscreened windows on this side and removal of a balcony have been requested. Such amendments would help to reduce the impact of this proposal on privacy. The relationship with the bungalow to the south west of the site is considered to be acceptable. The Highways Authority has recommended refusal of the application in the current form due to the inadequacy of the access. Negotiations are in progress to improve the access arrangements and visibility when exiting The Old Nurseries. A pedestrian footpath around the corner has also been requested. The result of the negotiations will be reported at the Committee.

RECOMMENDATION: The Strategic Director (Customer Services) to report on the outcome of negotiations with regards to privacy and highway issues. - - - o000o - - -

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9 SL/2005/0758 PRESTON PATRICK: HIGH BRACKEN HALL, GATEBECK, PROPOSAL: PROVISION OF 13 MOBILE HOLIDAY CHALETS TOGETHER WITH ANCILLARY AMENITY BUILDING AND CAR PARKING AND INSTALLATION OF BIOLOGICAL TREATMENT PLANT & REED BED MR S ROBINSON

6500069 SUMMARY: Landscape impact and traffic generation on narrow country lanes are the two main issues raised by this proposal.

PRESTON PATRICK PARISH COUNCIL: The Parish Council wish to draw attention to the following points: 1. Having studied the information and plans provided and visited the proposed site, the Parish Council is concerned as to whether the sale of individual chalets to the respective owners ties in with the objectives of the accompanying business plan, in particular to employment, the generation of income and the provision of self catering accommodation for visitors to the area. 2. Is there really any business connection or link between the use of the existing Equestrian Centre and the proposed chalets, or are they separate entities, ie just holiday chalets? 3. The Parish Council would query whether the sewage scheme is adequate for the proposed number of chalets, having regard to potential occupancy, and would query the likelihood of danger of seepage on to property at a lower elevation and into water courses. 4. Access to the site is by very narrow lanes and concern is expressed regarding the effect on the existing road/lane approaches in view of the anticipated increase in traffic. Should the application be granted additional new passing places would be essential.

CUMBRIA HIGHWAYS: The passing places alongside the public highway between Gatebeck and High Bracken Hall, required in connection with the equestrian cross-country course, should be completed before any of the chalets are occupied.

ENVIRONMENT AGENCY: To be reported.

ENVIRONMENTAL PROTECTION MANAGER: To be reported.

OTHER:

Page 28 of 55 Six letters of objection have been received from neighbouring residents. The major grounds of concern can be summarised as follows: - The approach lanes to High Bracken Hall are narrow and twisting and unsuitable to accommodate the traffic generated by the proposed 13 holiday chalets. - The chalets will have a significantly harmful and intrusive impact on the surrounding countryside. - This application, together with the equestrian cross-country course recently established at High Bracken Hall, represents an over-development of the site. - The holiday chalets, and the activity associated with them will lead to a loss of privacy for neighbouring residents. - Nearby householders will suffer from increased levels of noise as a result of this development. - There is a risk of pollution from the proposed effluent treatment plant.

HISTORICAL CONTEXT: Planning permission for an equestrian cross-country riding course and an associated vehicle parking area was granted in February under delegated powers. The course has been laid out and is currently in use. A condition of that permission requires the construction of passing places alongside the lane between High Bracken Hall and Gatebeck. Members will recall visiting High Bracken Hall last month to view the application site in its landscape setting and to appreciate its position in relation to the local road network.

DESCRIPTION & PROPOSAL: High Bracken Hall is a working farm located above and to the north east of Gatebeck. It is approached along a narrow, twisting lane with poor forward visibility which climbs from the Gatebeck-Holmescales road. This lane also services nine residential properties. The construction of passing places along the lane is a condition of the planning permission for the equestrian cross-country course. The thirteen holiday chalets are of timber construction with reconstituted slate roofs and a floor area measuring 12 metres by 6 metres. They are to be grouped around the access road to the north of the farm buildings. A timber–built amenity building incorporating a reception desk and a community room is to be erected close to where the access lane enters the site. The site will be well screened from the Gatebeck-Holmescales road to the east by a small woodland. It should be noted, however, that the majority of the woodland is outside the applicant’s ownership. The chalets will be plainly visible from the lane which passes to the west and from where Members viewed the site. A comprehensive planting scheme has been submitted with the planning application.

POLICY ISSUES: High Bracken Hall is within a landscape designated as being of County Importance. Policy 12 of the Structure Plan (Policy E36 of the Proposed Changes) prohibits development considered to be detrimental to the character of sites within Landscapes of County Importance. New caravan development is covered by Policy T6 of the Local Plan. This states that such development will only be permitted where there is no adverse impact on: (a) the conservation of the landscape and built environment; (b) the capacity of the surrounding road system and the adequacy of parking and access; or (c) the protection of wildlife, archaeological and geological features.

Page 29 of 55 Proposals for farm diversification are permitted by Policy E10 of the Local Plan provided that the following criteria are satisfied: (a) evidence is provided to demonstrate that the proposal will complement and support the existing farming operation; (b) its use, scale and design will not be damaging to the amenity, character or nature conservation value of the area; (c) access, servicing and parking arrangements are satisfactory; (d) the proposal will not give rise to the erection of new buildings which would be detrimental to the landscape and amenity of the area; and (e) where a shop is proposed there should be no significant adverse effect on a nearby village shop and the majority of goods should be produced in the local area.

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: Two major issues are raised by this proposal. Firstly whether the chalets will cause significant harm to the character and appearance of the countryside and, secondly, whether the lanes in the locality can adequately cope with the traffic generated by the 13 chalets in addition to that generated by the equestrian cross-country course. Members are reminded that users of the cross-country course bring their own horses. The chalets will be plainly visible in the countryside when viewed from the lane which passes to the east. They will be divorced both physically and visually, from the farm buildings to the south. The woodland on the western side of the site will provide an effective screen from that direction but it is mostly outside the applicant’s ownership. Tree planting is to be undertaken but it will be some time before this has any screening capabilities. Thirteen timber-built chalets on this open site will inevitably be conspicuous and visually intrusive within the surrounding landscape. Policies T6 and E10 of the Local Plan both require that there should be no adverse impact on the character of the countryside. Cumbria Highways have not voiced any opposition to the proposal. The access lane from Gatebeck is considered to be appropriate for the traffic generated by the 13 holiday chalets in addition to the horse-boxes generated by the cross-country course provided that passing places are constructed.

RECOMMENDATION: The Strategic Director (Customer Services) will report on the issues raised at the site visit. - - - o000o - - -

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10 SL/2005/0759 KIRKBY IRELETH: LAND ADJACENT TO SANDERLINGS, SANDSIDE, KIRKBY-IN- FURNESS PROPOSAL: DWELLING AND ATTACHED GARAGE MR ALLEN AND MR NUNWICK

4012015 SUMMARY: Negotiations are in progress to secure an amended scheme which reduces the impact of this proposal on an adjoining dwelling.

KIRKBY IRELETH PARISH COUNCIL: Concerned over the proximity to the adjoining property Sanderlings and the problems of overlooking.

CUMBRIA HIGHWAYS: The visibility splay to the south must be improved. This can be covered by a condition attached to a planning permission.

ENVIRONMENT AGENCY: The site is located in a Flood Risk Zone. The finished floor level of the proposed dwelling should be 7.61mAOD and flood risk measures should be incorporated into the design.

ENGLISH NATURE: The site is close to the Duddon Estuary Site of Special Scientific Interest (SSSI) and Ramsar site which is important because of its natterjack toad population. The developer should take care during construction so as not to harm any natterjack toads which may have travelled on to the site.

OTHER: 1 letter of objection has been received which raises the following concerns: • adverse impact on light, space and privacy due to the proposed siting adjacent to the adjoining property • overbearing and dominance • it would create an alleyway which would act as a wind tunnel • the submitted plans do not show the proposed dwelling in its context relating to adjoining properties • the siting of the house would be inconsistent with the building line in the locality • it would create possible subsidence and the collapse of a wall due to its proximity to the boundary.

Page 31 of 55 HISTORICAL CONTEXT: Planning permission was granted for the extension and renovation of 1 and 2 Sandside in 2003.

DESCRIPTION & PROPOSAL: This application relates to the land in front of the cottages at 1 and 2 Sandside. Planning permission is sought for the erection of a detached dwelling on the rear portion of the site adjacent to the boundary with an existing dwelling known as “Sanderlings”. The proposed dwelling has been designed to take account of the slope across this part of the site and the accommodation is arranged over two levels. The finished floor height has been set above the flood level that has been identified by the Environment Agency. The dwelling is to be constructed of rendered walls and a slate pitched roof. A single storey garage is to be served by the existing access into the site and two additional parking spaces and a turning area are to be provided in front of the house.

POLICY ISSUES: Policy H5 of the South Lakeland Local Plan allows for residential development in Kirkby in Furness subject to satisfactory density, design, layout and landscape.

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: Whilst there is no objection in principle to the erection of a dwelling on this site the proposed siting of the dwelling in close proximity to an adjacent house is likely to result in an adverse impact on the occupiers of this property. Negotiations are in progress with the applicant’s agent in an attempt to reduce the impact of this proposal on the adjoining property. This could be achieved by handing the house, or redesigning it so that the accommodation is housed above the garage and as such would move the two-storey element away from the boundary. Any response will be reported at the meeting. The applicant has also been asked whether he would agree to a local occupancy restriction.

RECOMMENDATION: The Strategic Director (Customer Services) to report on the outcome of negotiations with the applicant’s agent. - - - o000o - - -

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11 SL/2005/0771 LOWER ALLITHWAITE: THE PASTURES CARAVAN PARK, TEMPLANDS LANE, ALLITHWAITE, GRANGE-OVER-SANDS PROPOSAL: EXTENSION TO CARAVAN PARKS OPEN SEASON (1 MARCH-14 JANUARY) WOODSET LTD, THE PASTURES CARAVAN PARK

5700223 SUMMARY: Members will recall considering this application at the last Committee. Several queries were raised during the discussion which were not fully resolved. In the interests of fairness the application is being reported to the Committee for Members further consideration.

LOWER ALLITHWAITE PARISH COUNCIL: Lower Allithwaite Parish Council recommend refusal of the application stating that the use of the site would be over intensive.

CUMBRIA HIGHWAYS: No objection.

COUNCIL FOR THE PRESERVATION OF RURAL ENGLAND (CPRE): CPRE note that the photographs submitted by the applicant have been taken during the summer, when the trees have their leaves on. The additional opening period applied for is during the deep winter months, when there are few leaves on the trees. The site will be more open to view at night-time during the period, when lights will be on.

OTHER: Letters have been received from the occupiers of 12 properties in the surrounding area. Reasons for objection relate to: • the intrusive nature of the current site during winter months; • concern that additional illumination within and around the chalets throughout the additional opening period proposed would illuminate a previously dark hillside and adversely affect the setting of the Priory. • concern has been raised that additional traffic during winter would create a hazard to highway users, especially pedestrians and additional noise during a period when the area is generally quiet. • additional noise levels emanating from the site during the winter period when the site has less tree screening and • increased use and damage to local footpaths when they are vulnerable. Concern has been expressed that the extended period would create a new village used as permanent homes and that the applicant was aware of the conditions when purchasing the site.

Page 33 of 55 HISTORICAL CONTEXT: Planning permission was granted in October 2003 for the change of use of land to a static caravan site for 20 units. The permission was subject to 13 conditions relating to a variety of issues including the siting of the units, landscaping and lighting. The units installed on the site are chalets rather than caravans. They do however fall within the definition of a caravan given by the 1968 Caravan Sites Act. A planning application was submitted to extend the opening period in November 2004 and a committee report was included on the January 2005 Planning Committee agenda. At the time there were a number of outstanding conditions on the planning permission, one of which relates to the landscaping which was required to be planted to the north of the caravan pitches. The applicant withdrew the application before a decision was made to allow these issues to be addressed.

DESCRIPTION & PROPOSAL: The opening season of the site is restricted to the period between 01 March and 14 November each year. It is proposed to extend the opening season to between 01 March to 14 January, which would result in a closed period of six weeks between 15 January to 28 February each year. Members resolved to refuse planning permission for this application at last Committee as they were concerned about the impacts of this proposal on the rural landscape. This application is being reported back to Members as there are several aspects of the application put forward by the applicant that were not fully considered by Committee. These can be summarised as follows: 1. The applicant has undertaken landscaping works in accordance with the conditions on the previous planning permission for the use of the land as a static caravan site; 2. Tree planting has been undertaken on land surrounding the park in addition to the landscaping on the site. This work has been approved as part of a Forestry Commissions Woodland Grant Scheme. A map will be displayed at the meeting to illustrate the extent of this planting. 3. Photographs have been supplied in an attempt to illustrate the effects of light pollution that would result from the extension to the opening season. The photographs will be on display at the meeting and were taken at varying times of day. 4. A number of letters of support have been received from owners of local businesses, including public houses and shops in support of the application who consider that the proposal would help the local economy.

POLICY ISSUES: Planning Policy Guidance Note 21 ‘Tourism’ advises that local planning authorities should give sympathetic consideration to applications to extend the opening period of sites. Policy T7 of the South Lakeland Local Plan allows the extension of the opening season of caravan parks subject to the following criteria: • the site is closed for a minimum period of six weeks over the winter period; • there will be no detrimental impact to landscape of nature conservation interests. The accompanying text states that planning agreements will be sought to avoid caravans being occupied permanently and applicants will be expected to demonstrate that the proposal will not be damaging to the landscape or nature conservation interests.

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.

Page 34 of 55 ASSESSMENT: Visitors to the area are taking breaks throughout the winter period and planning policies encourage the extension of opening seasons on caravan sites to meet the changing demands for holiday accommodation. However, care must be taken to ensure that longer open seasons do not harm the local environment or provide permanent residential accommodation where policies seek to restrict new homes. The applicant has submitted a number of letters from the owners of local business, including public houses and shops in support of the application, who consider that the proposal would help the local economy. The applicant has confirmed that the lease agreement for the site states that the units cannot be used as a permanent home and that owners cannot use the lodges for more than four consecutive weeks. The applicant is willing to accept conditions to restrict the use of the lodges to holiday accommodation in lieu of the current seasonal restriction (the limited open season). The proposal would therefore be in line with the guidance in Planning Policy Guidance 21 and housing policies with regard to occupancy. Consultations on the original permission, with regard to the position of units, landscaping and external lighting, have now been complied with. The landscaping scheme, includes a mixture of trees and shrubs around the reed bed to the north of the site allowing hawthorns to regrow within the site. 4 pot grown semi- mature trees are also intended in this area. In addition to the landscaping required by the condition, the applicant has planted approximately 3.8 hectares of land with woodland trees at an average of 2250 trees/ha under a woodland grant scheme. These trees have been planted to the east between the site and Templands Lane and west of Brough Plantation. Five external bollard lights, shielded to the north with a maximum luminance of 1 lux, in positions along the internal access track have been approved. With regard to the impact on the landscape the applicant has confirmed that a full time grounds person is employed on the site and is undertaking woodland planting to improve the setting of the site. An extended opening period is therefore unlikely to be harmful to the land and nature conservation interests on the site itself. Concern was expressed at the time of dealing with the original application that occupation during the winter months would result in illumination of the site when trees do not adequately screen it from the surrounding area. The previous owner suggested the closed period to restrict the need for lighting and reduce the impact on the skyline. Whilst the site is not yet fully developed, there is light on the site, which can be seen from across the valley in the National Park. The applicant has submitted night-time photographs to support the application. They state that the lights in the lodges were turned on and a high-powered torch illuminated on the site. The photographs indicate that the lighting does not have a significant impact. However, it should be noted that the leaves are currently on the trees and the site is not fully occupied. It is therefore considered that the photographs are inconclusive. Once the site is fully utilised the illumination levels will increase and would have a greater impact on the night sky. The main issue for consideration is whether the use of the site during the period between 14 November and 14 January would have a significantly greater impact than throughout the other months of the year when the site would be in use. These months do have a greater number of dark hours and illumination would be required for a longer time throughout the evening and day. Additionally, the lack of leaves on the trees during this time would allow such illumination to be more visible. However, the Council would need to provide substantial evidence that the extended time period would have material or unacceptable harm. The bulk of the site is shielded from the north and east by the landform and whilst, some lighting may be visible for an extended period during the winter months it is not considered that the impact would be seriously detrimental.

RECOMMENDATION: GRANT subject to:- Condition (1) The development hereby permitted shall be commenced before the expiration of FIVE YEARS from the date hereof. Reason (1) To comply with the requirements of Section 91 of the Town and Country Planning Act 1990.

REASON FOR GRANTING PLANNING PERMISSION: The proposal would not adversely affect the character and appearance of the site and surroundings in accordance with Policy T7 of the South Lakeland Local Plan.

Page 35 of 55 - - - o000o - - -

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12 SL/2005/0796 KENDAL: BRANTHOLME, 7 SEDBERGH ROAD, KENDAL PROPOSAL: DWELLIING MR TA GRAY AND MR T TOMLINSON

3501662 SUMMARY: The modest scale of development overcomes previous objections relating to the overall site and is acceptable subject to retention of hedging.

KENDAL TOWN COUNCIL: No comments received. The consultation period for comments expired on 11 August 2005.

CUMBRIA HIGHWAYS: Development of a single dwelling in this location is acceptable without improvement to the existing access. If further development were envisaged improvements to the site lines would be needed.

OTHER: 3 letters of objection and 1 of comment have been received. The letter of comment queried the significance of a square outline on the frontage plot which is not part of the application site. One letter objects to the destruction of the character and integrity of the original house, site and access and the danger from the increased traffic. It also suggests that the charm of the house and gardens will be lost and the Article 4 Direction contravened. The two remaining letters are from the owners of the bungalows to the north who are concerned about overlooking of their windows and gardens from new first floor windows and the effect in the loss of winter sunlight, increased noise and the break-up of the garden with potential removal of trees and shrubs.

HISTORICAL CONTEXT: In 2002 planning permission was refused for the conversion of the dwelling Brantholme into 2 and the erection of 5 houses in its grounds. In 2004 permission was refused for the demolition of Brantholme and the erection of 6 flats and 2 houses. In both cases the refusal reasons included the detrimental impact on the Conservation Area through loss of either trees or building. The 2002 application was amended contrary to Policy H4. The 2004 application was not considered acceptable in design terms, was seen as unneighbourly and raised concerns about the access safety.

DESCRIPTION & PROPOSAL: It may be recalled that Brantholme is a substantial and attractive Victorian dwelling set in wooded grounds on a site raised above Sedbergh Road itself. The current application site does not include the main dwelling and the large, front garden with its major trees but relates to the rear third of the site including the single- storey, lean-to kitchen. It is proposed to demolish that lean-to and associated service yard and erect a two- storey H shaped house which would be attached to the northern wing of the main building with match ridge line, roof slope and eaves. The new dwelling would have a two-storey appearance but with storage and

Page 37 of 55 children’s playroom in the roofspace lighted by rooflights. The roof would be of slate and the two main walls would be stone-faced. The wall facing the semi-detached houses beyond the rear boundary would be wet dashed and at first floor level would have only a bathroom window. The bedrooms would be on the ground floor with the kitchen and living areas at first floor level with windows looking towards the side boundaries. At present on the northern boundary there is a beech hedge. An existing garage in the north- east corner of the site would be retained and repainted.

POLICY ISSUES: The site is within the Kendal Conservation Area. Policy C16 of the Local Plan reflects the statutory duty of the Local Planning Authority to have special regard to the desirability of preserving or enhancing the character of a Conservation Area. Policy 26 of the Structure Plan reflects the statutory duty of the Local Planning Authority to have special regard to the desirability of preserving or enhancing the character of a Conservation Area. It also has regard to preserving a Listed Building, its setting or any features of special architectural or historic merit. Policy H4 of the Local Plan supports small-scale residential development in Ulverston and Kendal providing it does not remove important open space. Regional Planning Guidelines permit, within a quota, residential development on brownfield sites in sustainable locations. Neighbourliness is an issue.

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 dramatic reduction in the scale of the development and the siting in the already developed part of the site overcome many of the previous objections. The main building on the frontage plot and its trees would be retained and would continue to screen the rear portion of the plot from public view. The only structure to be removed is the lean-to kitchen and associated service yard. The design of the proposal is much plainer than that of the main building and is appropriate for this location at the rear of the Victorian plot. There appears no unneighbourliness toward the southern and eastern boundaries. Without the beech hedge on the northern boundary the view from the main first floor windows could be unneighbourly. The applicant has agreed to the retention of the hedge and to fill a gap where a rhododendron has come out. Subject to the quota restriction and a condition relating to the hedge the proposal appears acceptable.

RECOMMENDATION: GRANT subject to:- Condition (1) The development hereby permitted shall be commenced before the expiration of FIVE YEARS from the date hereof. Reason (1) To comply with the requirements of Section 91 of the Town and Country Planning Act 1990. Condition (2) The external walls shall be completed in the following manner :- a) with stone, a sample of which shall be submitted to and agreed in writing with the Local Planning Authority prior to the commencement of work on the site; or b) 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.

Page 38 of 55 Reason (2) To preserve the character of the Conservation Area and thereby accord with Policy C16 of the South Lakeland Local Plan and Policy 26 of the Cumbria & Lake District Joint Structure Plan.

Condition (3) The roof shall be covered with slates being blue/grey in colour and of similar texture to those mined within the County of Cumbria a sample of which shall be submitted to and agreed in writing with the Local Planning Authority before any development work commences on site. Reason (3) To preserve the character of the Conservation Area and thereby accord with Policy C16 of the South Lakeland Local Plan and Policy 26 of the Cumbria & Lake District Joint Structure Plan.

Condition (4) The development shall be screened by the retention of the existing beech hedge on the north-western boundary of the site in the position shown in green on the attached plan and that hedge shall be retained hereafter at a minimum height of 2.4 metres measured from within the application site. Any hedging plants which are removed die, become severely damaged or diseased within five years of their planting shall be replaced in the next planting season with hedging plants of similar size and species to those originally required to be planted unless the Local Planning Authority gives written consent to any variation. Reason (4) To avoid unneighbourly overlooking of the property.

REASON FOR GRANTING PLANNING PERMISSION: (1) The development would preserve the character of this part of the Kendal Conservation Area and accord with Policy C16 of the South Lakeland Local Plan and Policy 26 of the Cumbria & Lake District Joint Structure Plan. (2) The development would accord with Policy H4 of the South Lakeland Local Plan and Regional Policy Guidelines with regard to housing. - - - o000o - - -

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13 SL/2005/0835 KENDAL: THE MOUNT, 90 BURNESIDE ROAD, KENDAL PROPOSAL: CHANGE OF USE FROM FLATS TO CHILDREN'S DAY NURSERY AND ALTERATIONS TO VEHICULAR ACCESS SUNNYBROW LTD

3501397 SUMMARY: A resubmitted application following a refusal in July for the change of use of the building from flats to a children’s day nursery.

KENDAL TOWN COUNCIL: No comments received. The consultation period for comments expired on 16 August 2005.

CUMBRIA HIGHWAYS: Not withstanding some design issues that have been unresolved, this proposal is acceptable provided that any signing and lining (and residents parking scheme) is implemented prior to this development being brought into use. The consultants offer to fund the lining at the junction is an acceptable way forward.

ARBORICULTURIST: Suggests a special no dig methodology is employed when widening the drive to protect the roots of the trees, and a geotextile membrane laid over the roots before resurfacing. Also suggests the path is narrowed to protect the tree roots and the same methodology and membrane used.

OTHER: 77 letters of support have been received. The main grounds of support are: • there was never any congestion at either present nursery and the courtyard drop off at the Mount will prevent any congestion; • the drop-off times are staggered, unlike a school, so that should also ease any concerns about congestion; • there is a real need for this kind of facility in Kendal, which helps women back into the workplace and helps the local economy; • this is a good use for the building, which has only been partially used in recent years; • Burneside Road is already a busy road, and the traffic generated by the nursery is unlikely to represent a significant increase. 28 letters of objection, plus a traffic survey carried out at the Horncop Lane nursery, have been received. The main grounds of objection are: • that there are no material changes between the recently refused application and this one; • that the staggered drop off times mean there will be traffic all day;

Page 40 of 55 • there will be noise from the children playing outside and the shutting of car doors, engines starting etc, in a residential area, which is normally quiet; • whilst there is also support for the proposal, it is the people who live close by who will pay the price without the benefits; • damage to the trees; • there is insufficient parking spaces; • the building is unsuitable for the use; • there is no emergency vehicle access due to parked cars on the road sides; • works have already started at The Mount; • the junction onto Burneside Road is very busy and dangerous; • there are more suitable alternative sites available. A traffic survey has been carried out over a 10-day period by local residents at the Horncop Lane nursery, which is also operated by Sunnybrow Nurseries. There are 24 children in attendance at this nursery. Their survey found that there was an average of 18 cars, with a turn around time of 8 between 8am and 9am.

HISTORICAL CONTEXT: A virtually identical application was submitted in April 2005. Members deferred consideration of the application at the June Committee to enable a site visit. Members visited the site and looked both round the site and the parking and access situation on Ashleigh Road and Burneside Road. At the July Committee the application was refused for the following reason: ‘The proposed use as a children’s day nursery would generate a significant increase in traffic movements along Ashleigh Road, a residential street, and would increase the number of vehicles using the junction with Burneside Road. The increase in traffic movements would be harmful to road safety and the free flow of traffic.’

DESCRIPTION & PROPOSAL: The Mount is a detached building sat within its own large gardens. There are two drives into the property. The Court and Webbs Garden Centre development are on the opposite side of Burneside Road. The Mount is currently (or latterly, as the residents have vacated the property) a residential property, comprising of 3 bedsits, 2 flats and 1 annex. The ground floor had been empty for some time. The principal access is off Ashleigh Road: a residential street which currently experiences problems with parked vehicles during the day that do not belong to residents. Inside this access is a large garage and parking/turning area, with raised tennis courts beyond. This access would be widened to 5 metres, sitting between the two trees which are protected by a Tree Preservation Order (TPO), and which should not be damaged by the proposals. The second access is directly off Burneside Road. This would become a pedestrian only access. The submitted plans show 10 parking spaces within the site, plus turning and drop off space. Five spaces would be on the current parking and turning space. The extra five spaces would be created on the raised tennis courts using a material that would allow the grass to be retained. This area would only be used during peak times and at other times would be an outdoor play space for the children, with fences and gates closed to prevent cars access to the site and children getting out. Some staff parking would be on site, however the majority would be at 137 Stricklandgate (near the Windermere Road/Burneside Road junction) by prior agreement between the owners. There would be around 34 staff employed at the nursery, both full and part time. Currently only 7 are car drivers.

The intended hours of operation are 7.30am to 6pm. The Mount would accommodate up to 99 children at any one time, up to the age of 4. There is no intention to bring the after school clubs to The Mount.

Page 41 of 55 Sunnybrow currently operates two sites in Kendal, one at Horncop Lane and the other formerly in Highgate, but temporarily now at the Lads Club on Beezon Road. Between them they have a capacity of 90 children.

POLICY ISSUES: There are no relevant planning policies, although all the Local Plan policies for employment refer to the need for adequate access and parking details and consideration of the impact of the development on the character and amenity of the area.

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: When the last application was considered there were three key issues: the change of use of the building from residential to employment; the noise created by the nursery use; and the traffic consideration. Members felt that the most significant issue was that of the traffic, hence the refusal. County Highways advised that the 10 parking spaces provided was sufficient for the use, based on the traffic data provided by the applicant. Their traffic assessment indicated that there was a probability of only 1 in 200 that there would be 6 or more cars needing to park at any one time. Although the potential for parking on Ashleigh Road was concerning local residents, the parking on site was felt to be adequate to prevent parking on the road. The process of dropping a child off, which involved signing them over to staff at reception, takes around 5 minutes and it is considered unlikely that people will park on the street if there is parking available on site and closer to the reception. There is however an issue with the volume of traffic entering and leaving on Burneside Road where cars park close to the Ashleigh Road junction restricting visibility. It is estimated that with near to full capacity at the nursery there would, at peak times (between 8am and 9.30am and 4pm and 5.30pm), be around 56 children dropped off and 43 children collected respectively. The figures provided by Sunnybrow, taken on an average day, showed that the maximum number of children dropped off at any one time at both existing nurseries was 11 (9am) and collected was 10 (4.30pm). The letters of support (and the survey carried out by local residents) indicate that some parents have two children at nursery and also that some parents walk or cycle with their children, which means that the drop off and collection figures given may not necessarily equate to the same numbers of cars. A scheme for residents’ parking, and extending the double yellow lines at the Ashleigh/Burneside Road junction to improve visibility, has recently been out to consultation with the community and the County Council is currently assessing the outcome of this consultation. The parking scheme would, if carried out, help improve the parking situation on Burneside Road and Ashleigh Road. However as it is felt that the parking at The Mount is suitable, it is not the residents’ parking scheme that is significant in the consideration of this application, but the associated road markings to improve visibility onto Burneside Road. Permitting the nursery will increase traffic on Ashleigh Road, and the application was refused in July because of the concerns over the increase in traffic bearing in mind the existing restrictions in the area. The traffic is expected to be somewhere in the region of 3 or 4 cars per 5 minutes during the peak hours of the day, reducing significantly through the rest of the day to as low as 3 or 4 per hour. The proposed double yellow lines will improve visibility for all road users, regardless of the nursery use.

RECOMMENDATION: The Strategic Director (Customer Services) to report on the current status of County Council proposals for the residents’ parking scheme and road markings. - - - o000o - - -

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14 SL/2005/0853 ULVERSTON: CONISHEAD HOUSE, ULVERSTON PROPOSAL: REFURBISHMENT AND EXTENSION TO CONISHEAD HOUSE & CONVERSION OF TWO REDUNDANT STABLE BLOCKS TO FORM FOUR APARTMENTS OVER SIXTEEN PARKING SPACES GREATHEAD HOUSE ESTATE

6902231 SUMMARY: Proposed alterations/extensions to existing block of flats, redevelopment of stable blocks to form garaging and four staff apartments. Associated parking. Concerns over end extensions. Modifications have been requested.

ULVERSTON TOWN COUNCIL: Approve.

CUMBRIA HIGHWAYS: The Highway Authority has no objection to the proposed development as it is considered that the proposal does not affect the public highway.

ENVIRONMENT AGENCY: Conditional approval.

OTHER: 1 letter of objection: • this proposal will result in the 30 existing residents being made homeless; • many of these people are on low income, pension or job seekers allowance; • this proposal is targeting the financially well off and will not benefit local people.

DESCRIPTION & PROPOSAL: Conishead House is located to the north of Conishead Priory within the Great Head House Estate. It was originally built at the turn of the 19th Century as nurses’ accommodation to serve the Priory when it was in use as a convalescence home. It is a substantial three-storey building currently sub-divided into 23 self- contained flats which are privately rented. The proposal relates to the refurbishment, alteration and extension of the main building to form 19 two- bedroomed flats over four floors. The application also involves the redevelopment of two redundant stable blocks to form garaging and four first floor flats which are intended for staff accommodation to serve the applicants race horse business.

Page 43 of 55 The alterations to the main building include an increase in the ridgeline by approximately 1.5 metres to enable four apartments to be accommodated within the roofspace. Recessed semi enclosed balconies would be created within the roofslope, which would be clad in lead. Two, three-storey gabled extensions are proposed to either end of the main building which would include projecting balconies to the front elevation. Elsewhere on the front elevation, the external galleried landings would be removed and replaced with individual balconies and full height glazed doorways. To the rear elevation two new glazed extensions are proposed, which would be the full height of the building and would house new staircase and lift access facilities. The proposed parking area which is on higher ground immediately to the rear of the building would be accessed via two pedestrian bridges from the first floor level of the main building. Two existing stable blocks adjacent to the parking area would be redeveloped to form two two-storey residential blocks with garaging on the ground floor and four two-bedroomed apartments on the first floor. A total of 46 parking spaces would be provided on existing hard standing and yard areas to serve the development. Access to this site is via a long private driveway off Priory Road.

POLICY ISSUES: The proposal does not involve the creation of additional residential units and as such the housing policies are not relevant in this case. Policy S2 of the Local Plan sets out the South Lakeland Design Code and requires development applications to take proper account of its principles.

ASSESSMENT: The proposed alterations which are contemporary in style will have a significant impact upon the appearance of this building. The building itself is not of great historical or architectural interest although it does retain some traditional stonework features and window openings Overall the proposed changes are considered to be acceptable in this context. The applicants have been asked to reduce and modify the proposed end extensions which are considered to be unneighbourly to the adjacent cottages because of their height, proximity and potential overlooking. An occupancy restriction limiting the use of the new build apartments to staff accommodation is considered to be appropriate. However, given the existing residential use of the main building as private rental flats, there is no justification in limiting the occupancy of the refurbished flats.

RECOMMENDATION: The Strategic Director (Customer Services) to report on the outcome of negotiations relating to the proposed gable extension.

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SCHEDULE E

Development by South Lakeland District Council & Cumbria County Council

15 SL/2005/0845 STRICKLAND KETEL: GOWAN LEA, BURNESIDE, KENDAL PROPOSAL: ALTERATIONS TO EXISTING SHELTERED HOUSING UNIT TO PROVIDE TWENTY FLATS AND ERECTION OF FIVE BUNGALOWS IMPACT HOUSING ASSOCIATION LTD

2010024 SUMMARY: The development is acceptable subject to satisfactory elevations for Gowan Lea and subject to a Section 106 Agreement to ensure affordable, local occupation.

STRICKLAND KETEL PARISH COUNCIL: No comments received. The consultation period for comments expired on 18 August 2005.

CUMBRIA HIGHWAYS: Recommend a condition requiring approval of parking and access for construction traffic.

ENVIRONMENT AGENCY: No comments.

OTHER: A letter objects to over development of the grounds of Gowan Lea with an increase in traffic from the busy village road. The development would involve the loss of the existing Residents’ Lounge. The new bungalows would suffer from noise and disturbance from the adjoining Youth Club.

DESCRIPTION & PROPOSAL: Gowan Lea, a District Council owned establishment, at present has 24 bed sitting flats with their own small kitchens and bathrooms. They are for the elderly. There is in addition a warden’s flat, common room, laundry and office. It is surrounded by spacious grounds in the centre of the village. It is proposed to convert the main building into 20 flats with 1 or 2 bedrooms. There would be some external alterations and additions. A terrace of 5 new 2 x bedroomed bungalows would be provided to the south of the main building. This would not involve the loss of any major trees. The rear windows of the bungalows would face the planting strip bordering the access to the housing of St Oswald’s View and the Youth Club. The front windows would overlook the blank sidewall of the main building. The terrace would have rendered walls and a roof of grey tiles.

Page 45 of 55 POLICY ISSUES: Policy H5 of the Local Plan defines settlements considered suitable for growth within the development boundary. The site is within the settlement boundary. Regional Planning Guidelines permit residential development, within an overall quota, on brownfield sites in sustainable locations. Generally such sustainable locations are seen as the district’s five towns. Policy S2 of the Local Plan sets out the South Lakeland Design Code and requires development applications to take proper account of its principles.

ASSESSMENT: The development would allow an upgrading of the present homes for the elderly. There would be no net change in the number of units on the site. The development is in the village centre close to facilities and with public transport to Kendal. The development would thus be in line with policy as regards, sustainability, brownfield status and quota. The agents have been asked to provide proposed elevations for the main building and to express a willingness, in view of the village location, to sign a Section 106 Agreement.

RECOMMENDATION: The Strategic Director (Customer Services) be authorised to GRANT this application following agreement being reached over the elevational treatment of the main building and following the signing of an appropriately worded Section 106 Agreement.

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SCHEDULE F

Straightforward Planning Applications

16 SL/2005/0745 ULVERSTON: WORK STUDIO ADJACENT TO CANDLEWYCK, OLD HALL ROAD, ULVERSTON PROPOSAL: CHANGE OF USE OF WORK STUDIO INTO BED AND BREAKFAST ANGUS DUNCAN

6910097 SUMMARY: Proposed change of use of workshop/studio above a detached garage to create a letting room for Bed and Breakfast purposes. GRANT.

ULVERSTON TOWN COUNCIL: Approve only on the basis that the building is used in association with Candlewyck. CUMBRIA HIGHWAYS: Parking provision must be made available for visitors to the site.

ENVIRONMENT AGENCY: No objections.

OTHER: Two letters of objection have been received from neighbouring residents who are concerned about the additional traffic that would be generated from the proposal, particularly in view of the amount of traffic using Old Hall Road which is narrow and hazardous. There is also concern that the proposal could lead to the establishment of a separate dwelling in the future.

DESCRIPTION & PROPOSAL: Planning permission was granted in 2001 for the redevelopment of an existing outbuilding on this site to form a detached double garage with a studio room at first floor level. This application relates to the change of use of the studio room to form a double bedroom with ensuite shower room which is to be let for bed and breakfast purposes. No external alterations are proposed. There are four existing parking spaces plus the double garage on this site. Only one parking space would be required for the bed and breakfast use.

Page 47 of 55 POLICY ISSUES: Policy T2 of the South Lakeland Local plan permits the conversion of buildings to hotels and service accommodation provided that the proposal would not harm amenity and adequate car parking can be provided and it will not result in the generation of inappropriate levels of traffic.

ASSESSMENT: The establishment of a single letting bed and breakfast room in association with this private dwelling would not have a significant impact upon the locality in terms of traffic generation. No external physical alterations to the building are proposed and this low-key use is considered to be appropriate in this location. The site is located outside the development boundary and the concerns raised regarding the possibility of a separate dwelling on this site in the future would be the subject of the usual restrictive housing policies.

RECOMMENDATION: GRANT subject to:- Condition (1) The development hereby permitted shall be commenced before the expiration of FIVE YEARS from the date hereof. Reason (1) To comply with the requirements of Section 91 of the Town and Country Planning Act 1990. Condition (2) Before the building is first occupied for bed and breakfast purposes space shall be provided within the site for the parking of one vehicle in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority. The approved parking space shall be maintained at all times thereafter. Reason (2) To ensure that adequate provision can be made to park a vehicle associated with the permitted use off the highway in accordance with Policy T2 of the South Lakeland Local Plan.

REASON FOR GRANTING PLANNING PERMISSION: The proposed use of the first floor of the building is modest in scale and accords with Policy T2 of the South Lakeland Local Plan.

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17 SL/2005/0841 KENDAL: LAND EAST OF No 9 OLD SHAMBLES, KENDAL PROPOSAL: ERECTION OF TWO DWELLINGS S. POOLEY & P.W. SHARP

3542114 SUMMARY: Subject to being within the housing quota the development is a welcome enhancement of the Conservation Area.

KENDAL TOWN COUNCIL: No comments received. The consultation period for comments expired on 18 August 2005.

CUMBRIA HIGHWAYS: Information on the affect on parking and access arrangements at present and as proposed would be helpful.

COUNTY ARCHAEOLOGIST: To be reported.

ENVIRONMENTAL PROTECTION GROUP: To be reported.

OTHER: The brewery which owns the White Hart in the Yard to the north objects to two landing windows on the northern elevation and makes points relating to private legal rights. It states it owns the road into the site and is concerned about increased traffic and parking and the impact on safety. It thinks permission should be refused because of the lack of parking and sees the proposal as over-development. It points out th the White Hart has long trading hours, seven days a week and full activities at holiday periods and that car parking capacity for that public house is at a premium.

DESCRIPTION & PROPOSAL: The application relates to an open, fronted unsightly garage on the northern side of Fleece Inn Yard adjoining recently constructed houses in other ownership. The applicant solicitors own and practice from the frontage building to Highgate. Because of delays in town centre traffic and that garaging is no longer proving useful as in the past, it is proposed to replace the present building with a new building of 2½ stories with a slate roof. The southern and eastern walls, towards Fleece Yard/The Old Shambles would be of local stone. The other walls would be rendered. Each dwelling would have two bedrooms. There would be no parking or private amenity space apart from two landing windows and two velux on the north elevation. All windows would be on the south elevation.

POLICY ISSUES:

Page 49 of 55 The site is within the Kendal Conservation Area. Policy C16 of the Local Plan reflects the statutory duty of the Local Planning Authority to have special regard to the desirability of preserving or enhancing the character of a Conservation Area. Policy 26 of the Structure Plan reflects the statutory duty of the Local Planning Authority to have special regard to the desirability of preserving or enhancing the character of a Conservation Area. It also has regard to preserving a Listed Building, its setting or any features of special architectural or historic merit. Government Planning Guidelines do not require parking provision for accessible, town centre sites. Policy H4 of the Local Plan supports small-scale residential development in Ulverston and Kendal providing it does not remove important open space. Regional Planning Guidelines permit, within an overall quota, residential development on brownfield sites in sustainable locations. Private legal matters are not planning considerations.

ASSESSMENT: This site and the garage on the south of the Yard are the only remaining discordant elements in the Old Shambles where over the years since 1974 much, impressive renovation to residential use has enhanced the character of this part of the Conservation Area. This proposed development would complete these renovations in an appropriate manner and enhance the overall character at a density appropriate for the town centre. The loss of parking space which is no longer viable for the frontage office does not outweigh these considerations. The landing windows would not be unneighbourly to White Hart Yard. Whether there is a legal right for this insertion is a private matter. Subject to being within the housing quota the proposal represents an enhancement of the Conservation Area which should be supported.

RECOMMENDATION: The Strategic Director (Customer Services) be authorised to grant this application on completion of the consultation.

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18 SL/2005/0857 KENDAL: 4 HOWE COURT, KENDAL

PROPOSAL: SINGLE STOREY EXTENSION MR AND MRS G LAWSON

3512167 SUMMARY: The proposed extension to this property is acceptable. GRANT.

KENDAL TOWN COUNCIL: Comments to be received by 26 August 2005.

CUMBRIA HIGHWAYS: The lack of available parking within the curtilage will result in additional vehicular activity in the road and the parking space indicated is not usable. It is likely that vehicles will be parked outside to the detriment of other residents of Howe Court.

DESCRIPTION & PROPOSAL: This application relates to a semi-detached property constructed in the 1990s. Planning permission is sought for a single storey lean-to extension at the side of the property to accommodate a downstairs w.c. and utility room. The extension will adjoin an existing lean-to at the property, and be constructed of materials which match that of the existing dwelling. The extension will occupy the parking space for the dwelling, although the submitted drawings indicate that a car could be accommodated elsewhere within the curtilage.

POLICY ISSUES: 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. Policy S10 of the South Lakeland Local Plan requires that parking space is to be provided in accordance with Cumbria County Council’s adopted guidelines.

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: This application is being reported to the Planning Committee as one of the applicants is a Council employee. It would normally have been determined under delegated powers. The proposed extension to the ground floor is considered to be acceptable in terms of scale and design.

Page 51 of 55 The main issue is the loss of a car parking space. The revised space shown on the drawings is difficult to use and it is therefore likely that the proposal will result in an increase in parking outside the application site. However, the applicants have confirmed that one of the 7 car parking spaces adjacent to the five properties on Howe Court is in their ownership.

RECOMMENDATION: GRANT subject to:- Condition (1) The development hereby permitted shall be commenced before the expiration of FIVE YEARS from the date hereof. Reason (1) To comply with the requirements of Section 91 of the Town and Country Planning Act 1990

Condition (2) Before building works commence on the car parking space indicated on drawing number P02 received on 26 July 2005 shall be created, and retained thereafter. Reason (2) To ensure the provision of an off-street parking space.

REASON FOR GRANTING PLANNING PERMISSION: The extension is consistent with the aims and objectives of Policy S2 of the South Lakeland Local Plan. - - - o000o - - -

Page 52 of 55 19 SL/2005/0901 KENDAL: 39 PEAT LANE, KENDAL

PROPOSAL: INSTALLATION OF THREE ROOFLIGHTS MR & MRS CLEMENTS

3500954 SUMMARY: The proposed rooflights are acceptable. GRANT.

KENDAL TOWN COUNCIL: Comments to be received by 02 September 2005.

DESCRIPTION & PROPOSAL: This application relates to a first-floor flat and the conversion of the roofspace into a bedroom. Planning permission is sought for the installation of two rooflights in the roof elevation facing the road, and one rooflight in the rear roof elevation.

POLICY ISSUES: Policy S2 of the Local Plan sets out the South Lakeland Design Code and requires development applications to take proper account of its principles.

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: This application is being reported to the Planning Committee as the applicant is a Council employee. It would normally have been dealt with under delegated powers. The proposed rooflights are modest in scale and are an acceptable alteration to this property.

RECOMMENDATION: GRANT subject to:- Condition (1) The development hereby permitted shall be commenced before the expiration of FIVE YEARS from the date hereof. Reason (1) To comply with the requirements of Section 91 of the Town and Country Planning Act 1990.

REASON FOR GRANTING PLANNING PERMISSION: The proposed alterations are compatible with the aims and objectives of Policy S2 of the South Lakeland Local Plan.

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20 SL/2005/0921 PRESTON PATRICK: SILLFIELD FARM, GATEBECK, KENDAL PROPOSAL: AGRICULTURAL WORKER'S CARAVAN MR P GOTT

6502021 SUMMARY: The caravan is to be located adjacent to the farmhouse and the farm buildings in contrast to the earlier submission in which the caravan was located on an open site to the north of the farm buildings.

PRESTON PATRICK PARISH COUNCIL: Comments to be received by 07 September 2005.

CUMBRIA HIGHWAYS: To be reported.

HISTORICAL CONTEXT: An application for a farm worker’s caravan on an open site to the north of Sillfield Farm was refused planning permission in June under delegated powers. Following consultation with an agricultural consultant it was evident that there was not a sufficiently strong agricultural need for the caravan. This fact, allied to the open, prominent siting of the caravan, led to planning permission being refused for the following reasons: (1) The Local Planning Authority is not persuaded that there is a sufficiently strong agricultural need for the proposed farm worker's caravan at Sillfield Farm. As a consequence, the proposal is in conflict with the advice on agricultural dwellings contained in Annex A of Planning Policy Statement 7 ("Sustainable Development in Rural Areas"). (2) The site is unsuitable for the location of a residential caravan in that it is in a conspicuous location in the open countryside outside the confines of the buildings which comprise Sillfield Farm. A caravan on the application site would be obtrusive and detrimental to the character and appearance of the surrounding countryside which is designated as a Landscape of County Importance in the adopted Cumbria & Lake District Joint Structure Plan. The proposal is, therefore, in conflict with the objectives of Policy 12 of the Structure Plan which seeks to protect designated County Landscapes from harmful forms of development.

DESCRIPTION & PROPOSAL: The application seeks consent for the temporary (3 years) siting of a caravan for a farm worker at Sillfield Farm. Unlike the previous application, the caravan is shown to be sited amongst the building group at Sillfield.

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Letters of support for the caravan have been received from two veterinary practices. It is explained that the applicant’s business involves the breeding and rearing of wild boar and rare pig breeds in an extensive system; ie, the animals live outside for the majority of their lives. This means that the management of the animals requires a higher labour involvement than an intensive pig unit. Furthermore, it is important that there is a stockman in attendance on the farm for the majority of the day to ensure the welfare of the animals.

POLICY ISSUES: Planning Policy Statement 7 (“Sustainable Development in Rural Areas”) gives advice on the need for agricultural dwellings. Paragraphs 12 and 13 relate to temporary agricultural dwellings. These address the situation where a new farming enterprise is being established and a residential caravan is needed in its early years. There is no provision for caravans in other circumstances. It is, however, relevant that paragraph 13 of Planning Policy Statement 7 states that: “authorities should not normally grant successive extensions to a temporary permission over a period of more than three years, nor should they normally give temporary permissions where they would not permit a permanent dwelling.” A new dwelling at Sillfield Farm would only be granted if it could be demonstrated that there is an essential agricultural need and that the criteria contained in Local Plan Policy H9 are met. From the specialist advice received earlier this year it is evident that there is no justification for a second dwelling at Sillfield Farm.

ASSESSMENT: Permission for a residential caravan at Sillfield Farm was refused earlier this year because of its prominent location, divorced from the farm buildings, and because of the advice received from the Council’s agricultural consultant which concluded: “… on agricultural grounds there is no justification …. for more than one dwelling (either temporary or permanent on this farm.” This second application proposes that the farm worker’s caravan is sited adjacent to the farm buildings and farmhouse. Here, it will be far less prominent in the landscape and, as a consequence, will answer the criticism contained in the second reason for refusal. Although the siting is acceptable, and more appropriate than its predecessor, the fact remains that the Council was advised in May this year that there is no agricultural justification for more than one dwelling at Sillfield Farm.

RECOMMENDATION: REFUSE for the reason below:- Reason (1) The Local Planning Authority is not persuaded that there is a sufficiently strong agricultural need for the proposed farm worker's caravan at Sillfield Farm. As a consequence, the proposal is in conflict with the advice on agricultural dwellings contained in Annex A of Planning Policy Statement 7 ("Sustainable Development in Rural Areas"). - - - o000o - - -

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