SOUTH LAKELAND DISTRICT COUNCIL South Lakeland House, Kendal, Cumbria LA9 4UQ www.southlakeland.gov.uk You are requested to attend a meeting of the Planning Committee on, Thursday, 25 February 2010, at 10.00 a.m. in the District Council Chamber at 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 Joss Curwen Colin Davies Sheila Eccles Sylvia Emmott Clive Graham Brenda Gray Frank Hodson Janette Jenkinson Kevin Lancaster Sonia Lawson Paul Little (Chairman) Ian McPherson (Vice-Chairman) Maureen Nicholson David Williams Mary Wilson 17 February 2010 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 - 16 To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 28 January 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 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) 17 - 60 To determine planning applications received. 7. A REPORT ON ENFORCEMENT ACTIVITY FROM 30 NOVEMBER TO 61 - 68 25 DECEMBER 2009 To inform Members about enforcement activity between 30 November to 25 December 2009. 8. APPLICATIONS CONSIDERED PREVIOUSLY BY THE PLANNING 69 - 74 COMMITTEE AND DETERMINED BY THE CORPORATE DIRECTOR (COMMUNITIES) BETWEEN 19 JANUARY AND 15 FEBRUARY 2010 To note the decisions made by the Corporate Director (Communities). 9. APPEALS UPDATE AT 15 FEBRUARY 2009 75 - 84 To provide Members with information about receipt and determination of planning appeals. 3 10. PROPOSED AMENDMENTS TO THE SCHEME OF DELEGATION FOR 85 - 89 PLANNING COMMITTEE To consider amendments to the scheme of delegation of functions from the Planning Committee to the Corporate Director (Communities). 11. STONECROSS MANSION, ULVERSTON - URGENT WORKS NOTICE 91 - 96 To advise Members of concerns regarding the ongoing deterioration of a Grade II listed building. (Please see also Part ll Agenda Item No.12.) 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) 12. STONECROSS MANSION, ULVERSTON - URGENT WORKS NOTICE 97 - 103 - Information which reveals that the authority proposes – 1. to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or 2. to make an order or direction under any enactment. (Paragraph 6) To advise Members of concerns regarding the ongoing deterioration of a Grade II listed building. (Please see also Part l Agenda Item No. 11.) 4 Item 2 69 28.1.2010 Planning PLANNING COMMITTEE Minutes of the proceedings at a meeting of the Committee held in the District Council Chamber at South Lakeland House, Kendal, on 28 January 2010, at 10.00 a.m. Present Councillors Paul Little (Chairman) 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 David Williams Mary Wilson Officers Fiona Clark Planning Officer Kate Lawson Area Team Leader (West) (part) Phil Greenup Environmental Health Team Leader (part) Barry Jackson Planning Officer (part) Janine Jenkinson Assistant Democratic Services Officer Matthew Neal Solicitor to the Council (part) Andy Roe Development Control Manager P/100 MINUTES RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting of the Committee held on 7 January 2010. P/101 DECLARATIONS OF INTEREST RESOLVED – That it be noted that the following declarations of interest were made:- (1) Councillor Sheila Eccles – Minute P/106 (Planning Application No.SL/2009/1006); and (2) Councillor Kevin Lancaster – Minute P/104 (Planning Application No.SL/2009/0838). P/102 LOCAL GOVERNMENT ACT 1972 – EXCLUDED ITEMS RESOLVED – That it be noted that there were no items in Part II of the Agenda. P/103 PLANNING APPLICATIONS The Development Control Manager submitted a Schedule of Planning Applications and his recommendations thereon. 5 70 28.1.2010 Planning 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/104 PUBLIC PARTICIPATION Planning Applications 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:- Note – Councillor Kevin Lancaster declared a personal interest in the following item of business, by virtue of being a former pupil of Queen Elizabeth School. 1.SL/2009/0838 KIRKBY LONSDALE: Biggins Road, Kirkby Lonsdale. Thirty four dwellings with associated vehicular and pedestrian access. (Mr M Nicholson (Russell Armer Ltd) Mr Nick Cotton spoke on behalf of the residents of Biggins Road. He raised objections to the application relating to the loss of a playing field, highway safety and overdevelopment of the site. A full copy of his speech is available on the Democratic Services file. Mr Jim Bowers, the owner of Cedar School, addressed the Committee. He advised Members that the annual rent for the playing field had been raised significantly. As a result the school had lost the use of a valuable asset and alternative provision had been located elsewhere. He asserted that the permanent loss of the field would adversely affect the general recreational provision and open space within the town. Mr Ty Power, Chairman of Queen Elizabeth School, Kirkby Lonsdale, spoke in objection to the application. A copy of Mr Power’s full submission is available on file. Mr Brian Barden, the applicant’s agent, responded to the points raised. With regard to safety concerns, he reassured the Committee that the Traffic Report assessment that had been undertaken, had been based on first hand data recorded at similar sites to that of the proposal. It was asserted that many of the future resident’s children would be able to walk to the nearby schools, thus reducing the level of peak time traffic compared with sites elsewhere. The Assessment had concluded that the level of vehicular 6 71 28.1.2010 Planning movement would be acceptable to the site. With regards to safety concerns raised, Mr Barden was of the opinion that secondary school children would be suitably able to deal with the level of traffic that would be generated by the proposal. The Planning Officer outlined the details of the scheme and highlighted that the scale of the development would be in keeping with the wider Kirkby Lonsdale townscape, and the proposal would not adversely affect the privacy or amenity of neighbouring residents. The Corporate Director (Communities) be authorised to GRANT Planning Permission subject to referral to the Department of Communities and Local Government, in respect of the loss of the playing field; the applicant entering into a S106 Agreement to secure affordable housing/local occupancy as part of the development; the maintenance of open space and the provision of off-site play equipment and appropriate conditions as detailed in the Schedule. The Planning Officer be requested to write to Cumbria County Council Highways to request consideration be given to traffic calming/safety measures along Kendal Road in the vicinity of junction with Biggins Road. 5.SL/2009/1020 NETHER STAVELEY: Land at Ratherheath, adjacent A591. Development of business park (including B1, B2 and B8 uses) including parking, landscaping, ancillary modal transfer facility (to include park and ride) and access by new roundabout. (The Ratherheath Partnership – Stagecoach, W McClure Limited, Stonecraft Design and Peill & Co) Mr David Aspinwall, Mr John Elleray and Sue Walley spoke in objection to the application. Full copies of their submissions are available on the Democratic Services file. Mr Kim Tullet, the applicant’s agent responded to the points raised. Mr Tullet stated that the proposed land was of a poor quality and unsuitable for agricultural purposes, but could suitably be utilised to meet the needs of two local businesses and provide employment land. He asserted that the development would be situated in a suitable location, well connected to the established transport network. The Committee was updated on consultation responses received. Staveley and Ings Parish Council had objected to the application on the grounds that the development would exert a detrimental impact on the landscape, generate an unacceptable level of additional traffic and would raise issues relating to flooding and light pollution.