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, 26 November 2015, at 10.00 a.m. in the Main Hall, Coronation Hall, Ulverston Committee Membership Councillors Brian Cooper Joss Curwen Philip Dixon (Vice-Chairman) Sheila Eccles Sylvia Emmott David Fletcher Gill Gardner Brenda Gray Heidi Halliday John Holmes Helen Irving Janette Jenkinson Kevin Lancaster Eric Morrell Bharath Rajan Phil Walker David Williams Mary Wilson (Chairman) Tuesday, 17 November 2015 Debbie Storr, Director of Policy and Resources (Monitoring Officer) For all enquiries, please contact:- Committee Administrator: Paul Rogers Telephone: 01539 793497 e-mail: [email protected] 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 29 October 2015 (copy attached). 3 DECLARATIONS OF INTEREST To receive declarations by Members 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 prior to noon on the last working 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 Committee Administrator on 01539 793497. (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 DIRECTOR PEOPLE AND PLACES To determine planning applications received. (a) KIRKBY IRELETH - SL/2014/1220 - Land at Kirkby Moor Wind 11 - 66 Farm, KIRKBY in FURNESS Decommissioning of 12 existing wind turbines and ancillary infrastructure; erection of a wind farm comprising 6 turbines (Maximum blade tip height of up to 115m), a meteorological mast, new and upgraded access tracks, substation and other ancillary development. (b) GRANGE OVER SANDS - SL/2015/0924 - Church Buildings, 67 - 76 Main Street, GRANGE over SANDS Change of use to hot food takeaway. (c) URSWICK - SL/2015/0823 - Land at Wellwood, Bardsea 77 - 86 ULVERSTON Proposed demolition of a stable building and the erection of a single storey dwelling. (d) GRANGE OVER SANDS - SL/2015/0894 - Lingwood Park, 87 - 100 Cartmel Road, GRANGE over SANDS Siting of 5 caravans for holiday use, new landscaping and ground works, installation of package treatment works and soakaway and temporary permission for the use of a caravan for site warden (retrospective). (e) PRESTON PATRICK - SL/2015/0741 - Agricultural Quarter, 101 - 106 Crooklands MILNTHORPE Remodelling of mounding and landscaping, including new tree and shrub planting, and extension to penning area of main building. (f) KIRBY LONSDALE - SL/2015/0905 - Kirkby Lonsdale Institute, 107 - 112 Bective Road, Kirkby Lonsdale CARNFORTH Installation of illuminated lettering on gable. (g) LEVENS - SL/2015/0242 and SL/2015/0257 - Land to south of 113 - 120 Wayside Cottage, Cotes, Levens and Land at Sizergh Quarry Proposed erection of 3 dwellings at Wayside Cottage, Cotes, Levens and 8 dwellings at Sizergh Quarry. 7 A REPORT ON ENFORCEMENT ACTIVITY FROM 1 SEPTEMBER - 30 121 - 142 SEPTEMBER 2015 To inform Members about enforcement activity. 8 APPEALS UPDATE AT 26 NOVEMBER 2015 143 - 152 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 (Access to Information) (Variation) Order 2006, specified by way of paragraph number) There are no items in this part of the Agenda. 33 29.10.2015 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, 29 October 2015, at 10.00 a.m. Present Councillors Mary Wilson (Chairman) Philip Dixon (Vice-Chairman) Brian Cooper Heidi Halliday Eric Morrell Joss Curwen John Holmes Phil Walker Sylvia Emmott Helen Irving David Williams David Fletcher Janette Jenkinson Brenda Gray Kevin Lancaster Apologies for absence were received from Councillors Sheila Eccles, Gill Gardner and Bharath Rajan. Officers Simon Fawcett Planning Officer Nicola Hartley Senior Solicitor Mike Hoar Planning Officer Mark Loughran Development Control Team Leader Paul Rogers Assistant Democratic Services Officer P/51 MINUTES RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting of the Committee held on 1 October 2015. P/52 DECLARATIONS OF INTEREST RESOLVED – That it be noted that the following declarations of interest were made:- (1) Councillor John Holmes – Minute No. P/60 (Planning Applications Nos.SL/2015/0733 and SL/2015/0736); (2) Councillor Philip Dixon – Minute No. P/60 (Planning Applications Nos.SL/2015/0733 and SL/2015/0736); (3) Councillor Brian Cooper – Minute No. P/59 (Planning Application No. SL/2015/0761); and 34 29.10.2015 Planning Committee (4) Councillor Janette Jenkinson – Minute No. P/58 (Planning Applications Nos.(SL/2015/0887, SL/2015/0693 and SL/2015/0747). P/53 LOCAL GOVERNMENT ACT 1972 - EXCLUDED ITEMS RESOLVED – That it be noted that there are no items in Part II of the Agenda. P/54 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/55 PUBLIC PARTICIPATION The Chairman explained the process for public procedure to the meeting. P/56 OLD HUTTON AND HOLMESCALES - SL/2015/0694 - Proposal to form a Solar Farm and Ancillary Infrastructure - Greaves Farm, Popplemire Lane, Old Hutton (Mr Jochen Kleimaier) The Planning Officer presented the plans and photographs which detailed the proposal and site layout. Members noted that the 2.7 metres maximum height of the solar panels referred to in the first bullet point on page 14 of the report should be replaced with 3 metres. Stephen Hinchliffe, a local resident, spoke in opposition to the application. He felt that the proposal was industrialising a green field site. Also that the position of the solar farm as proposed together with the loss of performance due to airborne debris would result in poor effectiveness in so far as the production of electricity was concerned. Axel Puttkalmer, the applicant, responded. He emphasised that there would not be any intrusive lighting at the solar farm. That minimal resources would be used to form the solar farm and the panels would be matt black in colour to negate intrusion. The proposal would be temporary and reversible and, therefore, it would not have a negative impact. He was of the view that the proposal would have a positive impact on the local economy providing job opportunities and benefitting the local retail food industry. 35 29.10.2015 Planning Committee Members’ attention was drawn to the late representations which had been circulated prior to the meeting. GRANT subject to the conditions as set out in the Schedule and to the following additional condition:- (11) The works for construction and decommissioning should take place in compliance with the recommendations of Paragraph 3.74 and 3.75 on Page 14 of the submitted Flood Risk Assessment (JER6573-Greaves dated August 2015 and received by the Local Planning Authority on the 24 August 2015). These works should take place before the operation of the solar farm and within six months after the decommissioning of the solar farm hereby approved. Reason: To ensure that the existing surface water rates are maintained and there will be no off site negative effects as required by Policy CS8.8 Development and Flood Risk of the South Lakeland District Council Local Plan. Note - The Committee adjourned at 11.25 a.m. and reconvened at 11.30 a.m. when the same Members were present. P/57 REPORT OF THE DIRECTOR PEOPLE AND PLACES The following applications were considered as set out below. P/58 LOWER ALLITHWAITE - SL/2015/0693 - Proposed Solar Farm and Associated Infrastructure ; SL/2015/0747- Minor Road Widening and Mitigation Works ; SL/2015/0887 - Temporary Access Track Land at Lane Head, Northwest of Beckside, Cartmel, Grange (Mr A Miejimolle) Councillor Janette Jenkinson made a personal explanation that the applicant was a distant cousin in respect of this application.