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, 27 May 2010, at 10.00 a.m. in the Council Chamber, South Lakeland House, Kendal Note – Plans will be available for inspection in the Council Chamber from 9.15 a.m. on the morning of the meeting. Committee Membership Councillors Alan Baverstock Brian Cooper Joss Curwen Colin Davies Philip Dixon Sheila Eccles Sylvia Emmott Clive Graham Brenda Gray (Vice-Chairman) Colin Hodgson Frank Hodson Janette Jenkinson Kevin Lancaster Sonia Lawson Ian McPherson (Chairman) Maureen Nicholson David Williams Mary Wilson 18 May 2010 (date of despatch) Debbie Storr, Corporate Director (Monitoring Officer) For all enquiries, please contact:- Committee Administrator: Janine Jenkinson Telephone: 01539 733333 Ext.7493 e-mail: [email protected] 1 2 AGENDA Page Nos. PART I 1. APOLOGIES To receive apologies for absence, if any. 2. MINUTES 5 - 12 To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 29 April 2010 (copy attached). 3. DECLARATIONS OF INTEREST To receive declarations by Members of personal and prejudicial interests in respect of items on this Agenda. 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 in writing by noon on the day before 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 Services Manager on 01539 717440. (1) Planning Applications Planning applications for which requests to speak have been made. (2) Agenda Items Agenda items for which requests to speak have been made. 6. REPORT OF THE CORPORATE DIRECTOR (COMMUNITIES) 13 - 40 To determine planning applications received. 7. TREES AT LOW KIRKBARROW LANE, KIRKLAND, KENDAL 41- 44 To seek Members determination of a request to remove five trees located within the Kendal Conservation Area. 8. A REPORT ON ENFORCEMENT ACTIVITY FROM 1 MARCH TO 2 APRIL 45 - 52 2010 To inform Members about enforcement activity between 1 March to 2 April 2010. 9. APPEALS UPDATE AT 17 MAY 2010 53 - 63 To provide Members with information about receipt and determination of planning appeals. 3 PART II Private Section (exempt reasons under Schedule 12A of the Local Government Act 1972, as amended by the Local Government Act (Access to Information) (Variation) Order 2006, specified by way of paragraph number) There are no items in this part of the agenda. 4 Item 2 101 29.4.2010 Planning PLANNING COMMITTEE Minutes of the proceedings at a meeting of the Committee held in the Council Chamber at South Lakeland House, Kendal, on Thursday, 29 April 2010, at 10.00 a.m. Present Councillors Ian McPherson (Vice-Chairman) Alan Baverstock Jane Carson Brian Cooper Joss Curwen Colin Davies Sheila Eccles Sylvia Emmott Brenda Gray Frank Hodson Janette Jenkinson Kevin Lancaster Maureen Nicholson David Williams Apologies for absence were received from Councillors Paul Little (Chairman) and Mary Wilson. Officers Zaheer Bashir Solicitor Barry Jackson Planning Officer Janine Jenkinson Assistant Democratic Service Officer Andy Roe Development Management Group Manager P/140 MINUTES Councillor Alan Baverstock stated that he had declared a personal interest in Planning Application No.SL/2009/1135 by virtue of being a member of Arnside Area of Outstanding Natural Beauty Trust. RESOLVED – That, subject to the inclusion of the amendment as detailed above, the Chairman be authorised to sign, as a correct record, the minutes of the meeting of the Committee held on 25 March 2010. P/141 DECLARATIONS OF INTEREST RESOLVED – That it be noted that the following declarations of interest were made:- (1) Councillor Joss Curwen - Minute P/149 (Case Ref 09.377 22 Hallfield, Ulverston); (2) Councillor Frank Hodson - Minute P/149 (Case Ref 09.377 22 Hallfield, Ulverston); (3) Councillor Kevin Lancaster - Minute P/146 (Planning Application No.SL/2010/0190); and 5 102 29.4.2010 Planning (4) Planning Officer Barry Jackson - Minute P/147 (Planning Application No.SL/2010/0201 and SL/2010/0202). P/142 LOCAL GOVERNMENT ACT 1972 – EXCLUDED ITEMS RESOLVED – That it be noted that there were no items in Part II of the Agenda. P/143 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/144 PUBLIC PARTICIPATION Planning Applications RESOLVED – That the following application, for which a representation had been received from a member of the public, in accordance with Minute 1810 (1996/97), be determined in the following manner:- 5.SL/2010/0127 KIRKBY LONSDALE: Hawkrigg Farm, Mansergh, Carnforth. Siting of three holiday chalets. (K & G Cowin) Members felt that a site visit would be beneficial in order to assess the impact of the proposed development. A representation to address the Committee had been received from Mrs Fletcher. The Chairman advised Mrs Fletcher that she had the option of deferring her representation to the Committee until after a site visit had been undertaken, if she so wished. Mrs Fletcher felt it would be appropriate to postpone her comments regarding the scheme until Members had had the opportunity to assess the proposal in relation to the location. DEFER for site visit P/145 COMPLEX PLANNING APPLICATIONS RESOLVED – That the following applications be determined in the manner set out:- 1.SL/2010/0033 EGTON WITH NEWLAND: The Britannia Inn, Penny Bridge, Ulverston. Change of use from public house to dwelling. (Frederic Robinson Ltd) 6 103 29.4.2010 Planning The application had been withdrawn prior to the Committee meeting. WITHDRAWN 2.SL/2010/0081 KENDAL: K Village site, Lound Road. Amendments to Planning Permission SL/2005/0619 to facilitate the relocation of the Heritage Centre together with additional retail trading space, office space in place of previously approved restaurant and Heritage Centre. (Kendal Riverside Ltd) The Planning Officer provided the Committee with a précis of a letter that had been received from Audrey Selkeld, Historical Researcher for the Heritage Centre. She had expressed disappointment at the adverse comments received from Kendal Civic Society and offered reassurance that the relocation of the Heritage Centre from the ground floor to the first floor would not affect the quality or accessibility of the exhibition. Cumbria Highways had requested additional information regarding the considerable expenditure incurred in meeting the highway requirements and the new junction. Information had been provided by the applicant’s agent. The Planning Officer explained that the amendments were within the main body of the approved building and unlikely to justify any further highway requirements. GRANT – Subject to the same conditions applied to the ‘parent’ Planning Permission (unless otherwise varied by this consent) - SL/2005/0619 to ensure that the retail operation functioned as a factory outlet centre and to continue the link to the existing Section 106 agreement, varied as necessary to take account of the details approved. Note – Councillor Kevin Lancaster declared a personal interest in the following item of business, by virtue of knowing the applicant. P/146 CORPORATE DIRECTOR (COMMUNITIES) TO DETERMINE RESOLVED – That the following application be determined in the manner set out:- 8.SL/2010/0190 KILLINGTON: Hallbeck Farm, Killington, Kirkby Lonsdale. Agricultural buildings and slurry store. (Mr Robert Waller) The Development Management Group Manager read out in full a letter of objection received from a neighbouring resident. The letter stated that the revised application was not an agreed compromise but that in the circumstances it was acceptable. Concerns raised by the neighbour related to the impact of increased odours to their farmhouse. A number of measures were suggested to prevent odour escape. The Environmental Protection Group had not raised any 7 104 29.4.2010 Planning objections to the application. The management of the slurry store would be covered by suitable legislation, the proposed means of controlling direct odours would be covered by a planning condition. Members felt that the revised scheme was acceptable in this location and elected to support the proposal. The Corporate Director (Communities) be authorised to GRANT at the end of the consultation period, subject to the conditions detailed in the Schedule and an additional condition relating to the details of the proposed means of controlling odours emanating directly from the slurry store being submitted to and approved in writing by the Local Planning Authority before development work in connection with the installation of the slurry store is commenced. P/147 COMPLEX PLANNING APPLICATIONS RESOLVED – That the following applications be determined in the manner set out:- 3.SL/2010/0099 ULVERSTON: Hart Street Stores, 42 Hart Street, Ulverston. Change of use of part of shop to form children’s soft play area. (Mr Kevin Joseph Lackey) The Development Management Group Manager updated the Committee on consultee responses received.