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 Tuesday, 31 July 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 Monday, 23 July 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 28 June 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 INTERIM CORPORATE DIRECTOR 9 - 154 (COMMUNITIES) To determine planning applications received. 7 A REPORT ON ENFORCEMENT ACTIVITY FROM 5 May - 31 May 155 - 160 2012 To inform Members about enforcement activity between 5 May and 31 May 2012. 8 APPEALS UPDATE AT 31 July 2012 161 - 166 To provide Members with information about the receipt and determination of planning appeals. 9 FOX ROCK, ALLITHWAITE ROAD, GRANGE -OVER -SANDS 167 - 170 To consider the time taken to complete a Section 106 Agreement in relation to Fox Rock, Allithwaite Road, Grange –over-Sands. 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 13 28.06.2012 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, 28 June 2012, at 10.00 am. Present Councillors Ian McPherson (Chairman) Brian Cooper John Holmes Sue Sanderson Joss Curwen Janette Jenkinson David Williams Sylvia Emmott Bharath Rajan Mary Wilson Brenda Gray David Ryder Apologies for absence were received from Councillors Philip Dixon, Sheila Eccles (Vice - Chairman), David Fletcher and Clive Graham. Officers Zaheer Bashir Solicitor Kate Bellwood Planning Officer (part) Barry Jackson Development Management Team Leader Janine Jenkinson Assistant Democratic Services Officer Kate Lawson Planning Officer P/16 MINUTES RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting held on 31 May 2012. P/17 DECLARATIONS OF INTEREST RESOLVED – That it be noted that the following declarations of interest were made :- (1)Councillor Brian Cooper - Minutes P/22 (Planning Application) No. SL/2012/0026/; and (2)Councillor Sylvia Emmott - Minute P/20 (Planning Application) No. SL/2012/0383. P/18 LOCAL GOVERNMENT ACT 1972 - EXCLUDED ITEMS RESOLVED - That it be noted that there were no items in Part ll of the Agenda. Page 1 14 28.06.2012 Planning Committee P/19 PUBLIC PARTICIPATION 7.SL/2012/0289 NEW HUTTON: Hawkrigg Hill, Hawkrigg Lane, New Hutton LA8 OAL. Erection of single wind turbine (79.6 M to blade tip) and associated metering units. (Mr Peter Ellis). Arthur Robinson spoke on behalf of New Hutton Parish Council in objection to the proposal on the grounds that it would have a detrimental impact on the local economy, public and private amenity and would set a precedent. A full copy of his representation has been placed on the Democratic Services file. Richard Sharp spoke on behalf of Hawkrigg Turbine Group in objection to the application. He stated that there was strong opposition to the application in the local area. Concerns were raised in relation to precedent, cumulative impact and detrimental impact on the local economy, landscape and community sustainability. A full copy of his representation has been placed on the Democratic Services file. Suzie Hayman spoke on behalf of Ashes Caravan Park. She argued that if approved the turbine would significantly damage the landscape, local amenity and the local economy. She stated that tourism was a key source of income in Cumbria and the attraction of the countryside was the single most important factor in attracting visitors to the area. Members were urged to reject the application. A full copy of her representation has been placed on the Democratic Services file. The Development Management Team Leader reported on consultee responses received. The National Trust had no objections to the proposal and had concluded that there would be no significant impact upon their interests. The Royal Society for the Protection of Birds (RSPB) had stated that insufficient information had been provided for them to confirm that there would be no significant adverse impact. 165 letters objecting to the turbine had been received together with six letters supporting the proposed development. Members considered that the proposed turbine would exert a significant adverse visual effect on the surrounding area and the benefits of renewable energy generation was outweighed by the harmful effect of the turbine on the landscape and on residential amenity. REFUSE – due to the reasons detailed in the Schedule and an additional reason relating to the lack of insufficient information to determine the impact on bird species. 10. SL/2012/0350 KILLINGTON: Land North of Killington Lake, Sedbergh. Erection of an 80 metre high wind monitoring mast. (Banks Renewables (Killington Windfarm) Ltd). Tanya Hoare spoke on behalf of Friends of Eden, Lakeland and Lunesdale Scenery (FELLS), in objection to the application. She stated that although the Page 2 15 28.06.2012 Planning Committee application was for a monitoring mast, it was inseparable part of a wind farm proposal. She asserted that another mast for a wind farm in this part of Cumbria was unsustainable. Members were urged to stop the proliferation of turbines. A full copy of her representation has been placed on the Democratic Services file. Peter Sugden spoke on behalf of Stop Turbines at Killington (STAK), in objection to the application. Concern was raised regarding the short consultation period with local residents. In addition he stated that the benefits would not outweigh the unacceptable harm to the local landscape. A full copy of his statement has been placed on the Democratic Services file. Edmund Hoare spoke in objection to the application. He acknowledged the need to reduce carbon emissions, however asserted that the small amount of energy produced by the turbine would not outweigh the detrimental impact to the landscape. Will Bashall spoke on behalf of Mr and Mrs Schools, in objection to the application. Concerns were raised regarding the lack of consultation with local residents, the impact of the local leisure and tourism businesses and cumulative detrimental impact. Martin Earl, the applicant’s agent responded to the points raised. He stated that consultation with local residents had taken place and that he would be happy to provide further information to allay any remaining concerns. With regard to design he stated that the turbine would be a slim structure located in a suitable location for a limited period of 18 months. He reported that the mast was linked to a potential wind turbine proposal, however advised that the two were separate applications and the approval of the mast would not prejudice any future decision. New Hutton Parish Council had confirmed that they had no objections to the application. An ambiguous response had been received from the Highways Agency, it was reported that further clarification would be sought. The Ministry of Defence had recommended that aviation lights be fixed to the mast. No response had been received from the Royal Society for the Protection of Birds. Ten additional letters of objection had been received. Members were advised that if minded to approval the proposal, they would not be expressing any view as to the suitability or otherwise of this locality to accommodate any future wind turbine development.