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 Tuesday, 27 January 2009, at 10.00.a.m. in the District 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 Jane Carson Brian Cooper Jackie Cooper Joss Curwen Colin Davies Sheila Eccles Sylvia Emmott (Vice-Chairman) Clive Graham Brenda Gray Frank Hodson Janette Jenkinson Sonia Lawson Paul Little (Chairman) Ian McPherson Maureen Nicholson Brian Wilkinson David Williams 19 January 2009 Debbie Storr, Executive Director (Central Services) 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 - 10 To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 18 December 2009 (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 and Member 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) 11 –14 (1-31) To determine planning applications received. 7. A REPORT ON ENFORCEMENT ACTIVITY FROM 24 NOVEMBER TO 15 -20 19 DECEMBER 2008 To inform Members about enforcement activity. 8. RESIDENTIAL MONITORING FOR THE PERIOD 1 APRIL 2008 TO 21 - 32 31 MARCH 2009 (3RD QUARTER REPORT 1 APRIL - 31 DECEMBER 20) To inform Members about residential permissions in comparison with the North West Regional Spatial Strategy (RSS) requirement. 9. APPLICATIONS CONSIDERED PREVIOUSLY BY THE PLANNING 33 - 36 COMMITTEE AND DETERMINED BY THE CORPORATE DIRECTOR (COMMUNITIES) BETWEEN 8 DECEMBER 2008 AND 15 JANUARY 2009 To note the decisions made by the Corporate Director (Communities) 10. APPLICATIONS DETERMINED BY CUMBRIA COUNTY COUNCIL 37 - 38 3 To inform Members of the applications determined by Cumbria County Council. 11. APPEALS UPDATE AT 15 JANUARY 2009 39 - 50 To provide Members with information about the receipt and determination of planning appeals. PART II Private Section (exempt reasons under Schedule 12A of the Local Government Act 1972, as amended by the Local Government 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 67 18.12.08 Planning PLANNING COMMITTEE Minutes of the proceedings at a meeting of the Committee held in the Council Chamber at South Lakeland House, Kendal, on 18 December 2008, at 10.00 a.m. Present Councillors Paul Little (Chairman) Sylvia Emmott (Vice-Chairman) Jane Carson Brian Cooper Joss Curwen Colin Davies Sheila Eccles Frank Hodson Janette Jenkinson Ian McPherson Brian Wilkinson David Williams Apologies for absence were received from Councillors Alan Baverstock, Clive Graham, Brenda Gray and Sonia Lawson. Officers Sandra Fenwick Senior Solicitor Nick Hayhurst Planning Officer Eleanor Huddleston Planning Assistant Barry Jackson Planning Officer (part) Janine Jenkinson Democratic Services Officer Andy Roe Development Control Manager P/098 MINUTES It was pointed out by Councillor Sylvia Emmott that Councillor Brenda Gray had declared a personal and prejudicial interest in Minute P/090 (Planning Application No. SL/2008/1018), and had left the Council Chamber during the discussion and voting thereon. RESOLVED – That, subject to the inclusion of the amendment as set out above, the Chairman be authorised to sign, as a correct record, the minutes of the meeting of the Committee held on 27 November 2008. P/099 DECLARATIONS OF INTEREST RESOLVED – That it be noted that the following declarations of interest were made:- (1) Councillor Cooper – Minute P/102 (Planning Application No.SL/2008/1021); and (2) Councillor Jenkinson – Minute P/104 (Planning Application No.SL/2008/1037). 5 68 18.12.08 Planning P/100 LOCAL GOVERNMENT ACT 1972 – EXCLUDED ITEMS RESOLVED – That it be noted that there were no items in Part II of the Agenda. P/101 PLANNING APPLICATIONS The Development Control Manager submitted a Schedule of Planning Applications and his recommendations thereon. RESOLVED – That (1) the applications be determined as indicated below (the numbers denote the Schedule numbers of the application); (2) except where stated below, the applications be subject to the relevant conditions and advice notes, as outlined in the Schedule; and (3) except where stated below, the reasons for refusal be those as outlined in the Schedule. P/102 COMPLEX PLANNING APPLICATIONS RESOLVED – That the following applications be determined in the manner set out:- 1. SL/2008/0972 PRESTON PATRICK: Barn adjacent to Warth Farm, Preston Patrick, Milnthorpe. Conversion of redundant barn to single dwelling and installation of sewage treatment plant. (Mr C Nicholson) The Planning Officer advised the Committee that the building was structurally sound and in light of the recent reinstatement of the Local Plan Policy H12 this scheme could be utilised to meet local housing need. Strategic Director (Customer Services) to GRANT subject to:- (1) a Section 106 Agreement to control occupancy and to secure the removal of the unauthorised residential caravan; and (2) appropriate conditions. 2. SL/2008/1016 KENDAL: 106 Burneside Road, Kendal. Single dwelling (resubmission SL/2008/0668) (Mr Hayton) A site visit had taken place and Members had now had the opportunity to asses the relationship and proximity of the proposed application on the neighbouring property. It was reported that a additional letter of objection had been received from the owners of 108 Burneside Road, outlining their concerns and personal circumstances. The Development Control Manager advised the Committee that these issues had been taken into consideration, nevertheless on balance the 6 69 18.12.08 Planning impact was not considered to be so great as to warrant refusal. REFUSE – due to the overbearing influence and overshadowing of adjoining property. 4.SL/2008/1027 BARBON: Parsons Hill, Barbon. Extensions. (Mr & Mrs D Maloney) Consideration of this application had been deferred at last month’s Committee meeting to enable Members to visit and asses the site The Planning Officer reported that a letter had been received from the Architect, raising objections regarding the information presented in the agenda report. A full copy of the letter is available on the Planning Services file. REFUSE – due to the overbearing influence and oppressive impact created by the two storey extension on the north east elevation. Note – Councillor Brian Cooper declared a personal and prejudicial interest in the following item of business by virtue of being a member of the Building Sub - Committee. He left the Council Chamber during the discussion and voting thereon. 3. SL/2008/1021 HOLME: Land adjacent to Milnthorpe Road (Festival Field), Holme. Erection of community centre / multi – purpose sports hall facility and use of land for sports and recreational use. (Holme & District Sports & Social Centre Management) A picture demonstrating the type of roofing material to be used was circulated. Members welcomed the application and felt the facility would be beneficial to the area. GRANT – subject to conditions as set out in the Schedule (suitably worded) and an additional condition to cover the amendments made to correct the plans. P/103 STRAIGHTFORWARD PLANNING APPLICATIONS RESOLVED – That the following applications be determined in the manner set out:- 10. SL/2008/1086 KIRKBY LONSDALE: 7 Harling Bank, Kirkby Lonsdale. Two storey & single storey extension (revised scheme SL/2008/0507) (Mr D Robinson) The Development Control Manager advised the Committee that the alterations to the application had addressed the previous reasons for refusal and the main issue for consideration was whether the impact of the proposal on the adjoining properties 7 70 18.12.08 Planning was deemed acceptable. GRANT – subject to the appropriate conditions and including amendments made to the plans. Note – Councillor Janette Jenkinson declared a personal interest in the following item of business by virtue of being Chairman of Ulverston Town Council. P/104 COMPLEX PLANNING APPLICATIONS RESOLVED – That the following applications be determined in the manner set out:- 5. SL/2008/1037 ULVERSTON: Land at Cross Lane, Ulverston. Erection of six industrial starter units. (Mr N Bowman, Cumbria Design Scaffold) The Environment Agency had requested further information relating to Flood Risk and drainage before they could approve the proposal. The Planning Officer anticipated that a technical solution could be sought but would need to be agreed with the Environment Agency, United Utilities and the Councils Drainage Officer. Strategic Director (Customer Services) to GRANT subject to the submission and agreement of an appropriate drainage scheme. 6.SL/2008/1061 GRANGE OVER SANDS: Land off Grange Fell Road, Grange – over – Sands.