The Planning Guarantee

Public Document Pack SOUTH LAKELAND DISTRICT COUNCIL South Lakeland House Kendal, Cumbria LA9 4UQ www.southlakeland.gov.uk You are requested to attend a meeting of the Planning Committee on Thursday, 20 December 2012, at 10.00 am in the District Council Chamber, South Lakeland House, Kendal Committee Membership Councillors Brian Cooper Joss Curwen Philip Dixon Sheila Eccles (Vice-Chairman) Sylvia Emmott David Fletcher Clive Graham Brenda Gray John Holmes Janette Jenkinson Sonia Lawson Ian McPherson (Chairman) Mary Orr Bharath Rajan David Ryder Sue Sanderson David Williams Mary Wilson Tuesday, 11 December 2012 Debbie Storr, Director of Policy and Resources (Monitoring Officer) For all enquiries, please contact:- Committee Administrator: Janine Jenkinson Telephone: 01539 717493 e-mail: [email protected] AGENDA Page Nos. PART I 1 APOLOGIES To receive apologies for absence, if any. 2 MINUTES 1 - 8 To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 29 November 2012 (copy attached). 3 DECLARATIONS OF INTEREST To receive declarations by Members and/or co-optees of interests in respect of items on this Agenda. Members are reminded that, in accordance with the revised Code of Conduct, they are required to declare any disclosable pecuniary interests or other registrable interests which have not already been declared in the Council’s Register of Interests. (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting.) Members may, however, also decide, in the interests of clarity and transparency, to declare at this point in the meeting, any such disclosable pecuniary interests which they have already declared in the Register, as well as any other registrable or other interests. If a Member requires advice on any item involving a possible declaration of interest which could affect his/her ability to speak and/or vote, he/she is advised to contact the Monitoring Officer at least 24 hours in advance of the meeting. 4 LOCAL GOVERNMENT ACT 1972 - EXCLUDED ITEMS To consider whether the items, if any, in Part II of the Agenda should be considered in the presence of the press and public. 5 PUBLIC PARTICIPATION Any member of the public who wishes to ask a question, make representations or present a deputation or petition at this meeting should apply to do so before the commencement of the meeting. Information on how to make the application can be obtained by viewing the Council’s Website www.southlakeland.gov.uk or by contacting the Democratic and Electoral Services Manager on 01539 717440. (1) Planning Applications Planning applications for which requests to speak have been made. (2) Deputations and Petitions Agenda items for which requests to speak have been made. 6 REPORT OF THE DIRECTOR PEOPLE AND PLACES 9 - 64 To determine planning applications received. 7 A REPORT ON ENFORCEMENT ACTIVITY FROM 1 - 31 October 2012 65 - 78 To inform Members about enforcement activity. 8 APPEALS UPDATE 79 - 88 To provide Members with information about the receipt and determination of planning appeals. 9 RECENT DEPARTMENT OF COMMUNITIES AND LOCAL 89 - 166 GOVERNMENT CONSULTATIONS AFFECTING PLANNING To bring to Members’ attention consultations affecting Planning. PART II Private Section (exempt reasons under Schedule 12A of the Local Government Act 1972, as amended by the Local Government (Access to Information) (Variation) Order 2006, specified by way of paragraph number) There are no items in this part of the Agenda. This page is intentionally left blank Item No.2 59 29.11.2012 Planning Committee PLANNING COMMITTEE Minutes of the proceedings at a meeting of the Planning Committee held in the District Council Chamber, South Lakeland House, Kendal, on Thursday, 29 November 2012, at 10.00 am. Present Councillors Ian McPherson (Chairman) Sheila Eccles (Vice-Chairman) Brian Cooper Brenda Gray Bharath Rajan Joss Curwen John Holmes David Ryder Sylvia Emmott Janette Jenkinson Sue Sanderson David Fletcher Mary Orr Mary Wilson An apology for absence was received from Councillor David Williams. Officers Lilian Hopkins Planning Officer (part) Barry Jackson Development Management Team Leader Kate Lawson Planning Officer Mark Shipman Development Management Group Manager (part) Fiona Clark Planning Officer (part) Janine Jenkinson Assistant Democratic Services Officer Eleanor Huddleston Planning Officer (part) P/68 MINUTES RESOLVED - That the Chairman be authorised to sign, as a correct record, the minutes of the Committee meeting held on 25 October 2012. P/69 DECLARATIONS OF INTEREST RESOLVED – That it be noted that the following declarations of interest were made:- (1) Councillor Brenda Gray - Minute P/73 (Planning Application No.SL/2012/0816); and (2) Development Management Group Manager – Minute P/72 (Planning Application No.SL/2012/0606). P/70 LOCAL GOVERNMENT ACT 1972 - EXCLUDED ITEMS RESOLVED – That it be noted that there were no items in Part ll of the Agenda. Page 1 60 29.11.2012 Planning Committee P/71 PLANNING APPLICATIONS The Development Management Group Manager submitted a Schedule of Planning Applications and his recommendations thereon. RESOLVED – That (1) the applications be determined as indicated below (the numbers denote the Schedule numbers of the application); (2) except where stated below, the applications be subject to the relevant conditions and advice notes, as outlined in the Schedule; and (3) except where stated below, the reasons for refusal be those as outlined in the Schedule. P/72 PUBLIC PARTICIPATION RESOLVED – That the following applications, for which representations have been received from members of the public, in accordance with Minute 1810 (1996/97), be determined in the following manner:- 5.SL/2012/0776 LUPTON: Beckside Barn, Lupton, Kirkby Lonsdale, LA6 2QA. Alterations and conversion from workshop to live/work unit. (Mr Andrew Kay) The Committee felt that it would be beneficial to undertake a site visit in order to view and assess the character of the rural area and landscape. Members of the public that had registered to speak on the application chose to defer making their representations. DEFER – to allow a site visit 9.SL/2012/0876 SKELSMERGH: High Thorn Farm, Selside, Kendal, LA8 9JX. Conversion of redundant agricultural store to two fishing lodges. (Ms K Lohr – Crawford) Jamie Thornborrow spoke in support of the application. He stated that had worked on the farm for two years learning the farm trade and had developing the fishing project. He stressed that if planning permission was granted there would be a permanent job and this was important to him, so that he could support his family. Tom Cory, the agent spoke on behalf of the applicant. He asserted that the application would support the diversification of the farm, have a minimal impact on the visual amenity of the landscape and would secure the employment of two full Page 2 61 29.11.2012 Planning Committee time jobs. He stated that the building was of traditional style and was in-line with policy. A letter of support from a nearby neighbour had been received. The neighbour had advised that the distance from the proposal to their property was more than sufficient and they wished to support the rural business venture. The Planning Officer reported that the applicant had confirmed that she would be willing sign a site management agreement that could be conditioned on any approval granted. Members were advised that the key issue for consideration related to policy. While the building was of traditional style with a slate roof and some stone-facing to its block work walls, it was not actually a traditional building. It was a modern construction and approximately ten years old and therefore not in accordance with the requirements and criteria of saved Policies T4 and H12 of South Lakeland Local Plan. Due to the desirability of farm diversification and the opportunity to improve the character of the site by removing other obsolete farm buildings, the application was considered acceptable. GRANT – subject to suitable conditions. Note – The Development Management Group Manager declared a personal and prejudicial interest in the following item of business, by virtue of being related to a share holder and ex – director of the company. He left the Council Chamber during the discussion and voting thereon. 3.SL/2012/0606 URSWICK : Land adjacent to Colony Candles Factory, Lindal Business Park, Lindal in Furness, Ulverston LA12 OLD. Single wind turbine (61 metres to blade tip), external transformer kiosk and associated access track. (Mr Chris Rawlinson) The Committee requested that a site visit be undertaken in order to view the character and appearance of the landscape. Members of the public registered to speak on the application chose to defer making their representations. DEFER – to allow a site visit. P/73 REPORT OF THE DIRECTOR PEOPLE AND PLACES 1.SL/2012/0395 LOWER HOLKER: Barns at Low Bank Side Farm, Cartmel Grange over Sands LA11 7NR. Change of use of redundant agricultural buildings to storage (Class B8) and light industrial (Class B1). (Holker Estates Co Ltd) Page 3 62 29.11.2012 Planning Committee A Committee site visit had been undertaken and Members had had the opportunity to view the farm unit within the open countryside. No comments had been received from Lower Holker Parish Council. Lower Allithwaite Parish Council opposed the application on the grounds that the proposal would be intrusive in the landscape and set a precedent for further inappropriate industrial development. It was stated that the building could be used as a self contained working farm, particularly for a young farmer starting out in farming, and that it was important to retain such smaller units in a rural setting for the future survival of farming. Cumbria Highways had recommended that visibility splays be attached as a condition to any permission granted.

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