Page 1 of 162 KENDAL TOWN COUNCIL Notice of Meeting PLANNING COMMITTEE Monday, 6th June 2016 at 6.30 p.m. in the Georgian Room, the Town Hall, Kendal Committee Membership (7 Members) Jon Robinson (Chair) Austen Robinson (Vice-Chair) Alvin Finch Keith Hurst-Jones Lynne Oldham Matt Severn Kath Teasdale AGENDA 1. APOLOGIES 2. 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 is available on the Council’s Website - www/kendaltowncouncil.gov.uk/Statutory Information/General/ Guidance on Public Participation at Kendal Town Council Meetings or by contacting the Town Clerk on 01539 793490. 3. DECLARATIONS OF INTEREST To receive declarations by Members and/or co-optees of interests in respect of items on this Agenda [In accordance with the revised Code of Conduct, Members are required to declare any Disclosable Pecuniary Interests (DPIs) or Other Registrable interests (ORIs) which have not already been declared in the Council’s Register of Interests. Members are reminded that it is a criminal offence not to declare a DPI, either in the Register or at the meeting. In the interests of clarity and transparency, Members may wish to declare any DPI which they have already declared in the Register, as well as any ORI.] 4. MINUTES OF MEETING HELD ON 23RD MAY 2016 (see attached) 5. MATTERS ARISING FROM PREVIOUS MINUTES, NOT ON AGENDA 6. CUMBRIA MINERALS AND WASTE LOCAL PLAN CONSULTATION (see attached x6) 7. ALLOCATIONS POLICY CONSULTATION (see attached x3) 8. ANY OTHER BUSINESS 9. PLANNING APPLICATIONS (see attached schedule) Liz Richardson Town Clerk By e-mail/post to: Members of the Committee All other Councillors (agenda only, for information) Please note that only Committee Members will receive the minutes and attachments, but that other Councillors may request a copy of any agenda papers. Any Councillor who is not a Committee Member may still attend the meeting, as an observer. ---------------------------------------------------------------------------------------------------------------------------- Members of the Press and Public are welcome to attend the meeting. Page 2 of 162 KENDAL TOWN COUNCIL Planning Committee Monday 23rd May 2016 at 6.30 p.m. in the Mayor’s Parlour, the Town Hall, Kendal PRESENT Councillors Austen Robinson (Chair), Alvin Finch, Lynne Oldham, and Kath Teasdale APOLOGIES Councillors Jon Robinson and Matt Severn OFFICERS Nicky King (Council Secretary) Also present for item 13 on the planning applications schedule were Councillor Giles Archibald and members of the public. 015/16/17 ORDER OF BUSINESS Councillor A Robinson suggested that the order of business of the agenda be amended to bring forward item 13 on the planning applications schedule (land adjacent to Underbarrow Road, Kendal). This would enable members of the public in attendance to leave the meeting following consideration of that application. This was agreed by the Committee 016/16/17 DECLARATIONS OF INTEREST There were no declarations of interest made at this point. 017/16/17 PUBLIC PARTICIPATION Councillor G Archibald had attended the meeting and requested to address the Committee as resident of 35 Greenside on the application for land adjacent to Underbarrow Road, Kendal. He emphasised that many issues of concern had been identified at a previous meeting of the Committee on 22nd February 2016. Whilst some of these had been resolved, many remained. In particular, he highlighted the following: • The new Travel Plan and Transport Study was inadequate. It ignored the steep gradient from the town centre up to the proposed development and did not properly analyse the effect on the Glebe Road/Queens Road junction, which is already congested. It was also pointed out that the development does not comply with the requirement to be within 400m of a bus stop. • The flood risk document accepted that there was insufficient infiltration on the site to take surface water and this would flow into a combined pipe on Brigsteer Road. There was concern that this could cause problems and pose a risk of flooding • The Contamination Report confirms that the land is contaminated and arsenic levels are too high. It does not state where the Page 3 of 162 23.05.2016 Planning Committee arsenic has come from, however it can seep from landfill sites, of which there are two close by. • The number of affordable houses is well below the required 35%. Previously it had been advised that for every affordable house there would be 2 upmarket properties. This development would have 5 upmarket properties for every affordable house. Mrs Carmichael of The Ghyll, Brigsteer Road added that there was a complete absence of green corridors and lack of linking between the green spaces that were available. Mr Julian of Highlands, Brigsteer Road advised that plots 9, 10, 11 and 12 comprised any future development of the paddock area in his ownership due to the proximity of those plots to his boundary. Members of the Committee then discussed the application in detail and the following comments were made: Councillor A Robinson commented that the properties on land fronting Brigsteer Road were of poor design. He considered that it was a very functional development on a sensitive approach to Kendal. Members agreed that the contamination issues were of concern. The Glebe Road/Queens Road junction was discussed. Members observed that the junction is currently heavily congested and the proposed development would only exacerbate the problem. It was concluded that the developer had not made adequate changes/adjustments to the proposals. Councillor Finch proposed that the application be rejected and that the Committee recommend to SLDC that it be refused. Principal reasons for this decision being as follows: Particular concerns over: • The shortage of affordable housing. • The relatively poor design (especially those properties on land fronting Brigsteer Road) on this very functional development on a sensitive approach to Kendal. Continued concerns over: • Contamination. • Surface water clearance. • Potential loss of amenity to certain properties. • Travel and transport considerations. Members also remained concerned about issues highlighted in Councillor J Robinson’s email of 18th April 2016 to Fiona Clark of SLDC. Page 4 of 162 23.05.2016 Planning Committee The proposal was seconded by Councillor Oldham and carried unanimously. RESOLVED That application 13 on Appendix 1 for development of land adjacent to Underbarrow Road, Kendal be refused. 018/16/17 MINUTES OF MEETING HELD ON 9TH MAY 2016 Members considered the minutes of the Committee meeting held on 9th May 2016. RESOLVED That the minutes of the meeting held on 9th May 2016 be accepted as a correct record, and signed by the Chair. MATTERS ARISING 019/16/17 Public Exhibition on behalf of Electricity North West Ltd Councillor A Robinson confirmed that he had attended the public exhibition, along with Councillor Finch, in respect of proposed planning applications for residential development at the company’s depots off Parkside Road. It was noted that there were no affordable houses on the proposed development and it was planned to move the 70 people employed on the site to the top floor of K Village which would present parking issues. Councillor A Robinson added that access to the right hand side of the site was awkward. 020/16/17 NOTIFICATION AND CONSULTATION ON PLANNING APPLICATION REF 5/14/9005 – KENDAL HWRC Notification had been received from Cumbria County Council of submitted planning application documents for the continued use of Kendal Household Waste Recycling Centre at Canal Head North for an extended time period. Members considered the papers and discussed the application in detail. Councillor A Robinson recommended that the Committee support the application for continued use of the site for a further two years. All Members were in agreement. RESOLVED That the Committee support the application for continued use of the Kendal Household Waste Recycling Centre at Canal Head North for a further two years. 021/16/17 ANY OTHER BUSINESS None. 022/16/17 PLANNING APPLICATIONS Members considered Planning Applications submitted for consultation purposes by the local planning authority, South Lakeland District Council. Page 5 of 162 23.05.2016 Planning Committee RESOLVED That having considered the applications outlined in the schedule, the recommendations in Appendix I attached to these minutes be made to South Lakeland District Council. The meeting ended at 7.30pm Signed ……………………………………………………………… Dated ……………………………………………………………… Page 6 of 162 23/05/2016 Planning Appendix 1 No. App No./ Address/ Comments Observations/ Type Proposed Development To SLDC Recommendations 1 FPA Land at 59 Captain French Lane, 24.05.2015 Refuse 0339 Kendal • Highways Detached bungalow issues • Over-intensive use of site • Concern re parking to whole development 2 FPA 257 Valley Drive, Kendal 24.05.2015 Approve 0367 Two storey side extension and a single Provided not storey rear extension unneighbourly 3 FPA 19 Wansfell Drive, Kendal 24.05.2015 Approve 0385 Alteration to roof to enclose existing roof terrace with a dormer window 4 FPA 20 Low Garth, Kendal 24.05.2015 Approve 0383 Single storey rear extension 5 FPA Abbey Horn of Kendal Ltd, Kent 25.05.2015 Approve 0347 Works, Burneside Road, Kendal Conversion of office/print room/store into three dwellings 6 FPA 2 Collin Close,