Agenda and draft minutes

To receive any apologies for absence.

Apologies for absence were received from Councillors H Chaffey, P Dixon and A Jama.

To receive details of any changes in membership.

Councillors G Archibald and J Battye were present as substitute members in the absence of Councillors H Chaffey and P Dixon.

To receive declarations of interest by members of any interests on respect of items on this agenda, and to consider any dispensations.

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 registerable or other interests.  

RESOLVED, that the following declarations of interest be noted:-

(1)       Councillor J Battye declared an interest in Minute Nos. 108 and 109 below, by virtue of the fact that she had registered to speak on both items as the Ward Councillor. She confirmed that she would leave the Council Chamber after speaking on each item.

(2)       Councillor D Rathbone noted for transparency that although the applications for Minute Nos. 110 and 111 below had been considered at Kendal Town Council Planning Committee, he had not voted on any of the items and was not pre-determined. He indicated that he would remain in the Council Chamber for discussion and voting on the items.

To consider whether the press and public should be excluded from the meeting during consideration of any item on the agenda.

There were no excluded items on the agenda.

To consider the minutes of the previous meeting held on 15 February 2024 (copy enclosed).

Following a request from the Chair, Members confirmed they were content with the conditions on Minute No. 95 (Ecclerigg Hall Farm, Killington, Carnforth), which were drafted by officers following the meeting.

RESOLVED, that the Chair be authorised to sign the minutes of the meeting held on Thursday, 15 February 2024, as an accurate record.

Any Member of the public who wishes to make representations relating to an item on the agenda for this meeting should apply to do so no later than 0:01am (one minute past midnight) three working days before the date of the meeting.  Anyone wishing to make representations to this meeting should contact the officer named on the front of the agenda, providing a written summary of the issues they intend to raise.

The Chair confirmed that members of the public had registered to speak on:-

·         Minute No. 108 – SL/2023/1156/NMA - Land North of Sycamore Close, Endmoor, Kendal (NMA);

·         Minute No. 109 – SL/2023/1157/FPA - Land North of Sycamore Close, Endmoor, Kendal (FPA);

·         Minute No. 110 – SL/2023/0163 - Kendal Nutricare Ltd Farley Health Products Ltd, Lake District Business Park, Mint Bridge, Kendal, LA9 6NL; and

·         Minute No. 111 – SL/2023/0781 - Land North of Underbarrow Road, Kendal, LA9 5RS.

Due to the number of public participants attending, the Chair proposed that the Agenda running order be altered to the following order:-

·         Planning Application No. SL/2023/1156/NMA - Land North of Sycamore Close, Endmoor, Kendal (NMA);

·         Planning Application No. SL/2023/1157/FPA - Land North of Sycamore Close, Endmoor, Kendal (FPA);

·         Planning Application No. SL/2023/0163 - Kendal Nutricare Ltd Farley Health Products Ltd, Lake District Business Park, Mint Bridge, Kendal, LA9 6NL

·         Planning Application No. SL/2023/0781 - Land North of Underbarrow Road, Kendal, LA9 5RS

·         Planning Application No. SL/2023/05132 - 4 Braddylls Court, Main Street, Bardsea, Ulverston, LA12 9SR

·         Planning Application No. SL/2024/0174 - 2 Rusland Crescent, Ulverston, LA12 9LT

To consider an Application for a non-material amendment following grant of planning permission SL/2017/0841 (Erection of 106 dwellings with associated infrastructure).

Application for a non-material amendment following grant of planning permission SL/2017/0841 (Erection of 106 dwellings with associated infrastructure)

Note – Cllr G Archibald arrived at 10.11 a.m.

The Planning Officer presented Planning Application No. SL/2023/1156/NMA, which sought permission for a non-material amendment following the grant of planning permission SL/2017/0841 at Land North of Sycamore Close, Endmoor, Kendal. The application had been reported to the Committee at the request of a Councillor, due to the sensitivity and level of public interest in the site.

Members were informed of the non-material amendment requested in the application which related to a revised boundary treatment scheme along the eastern boundary of the site over and above the previously approved application. Photographs of the site and a location plan were shown to Members and full details of the proposed amendment were explained, as set out within the report.

The Planning Officer explained the key issues of the proposal and the context of a non-material amendment.

Following a query from Members, the Planning Officer and Interim Head of Development Management explained that there was no guidance for the definition of a non-material amendment provided by the government and that the Local Planning Authority was responsible for considering this in the context of each application. It was noted that the decision was factored to a degree, taking into account the 2017 permission and the nature of the amendments being proposed.

David Hayward and Jennie Taylor, Story Homes (Applicant) addressed the Committee.

Councillor J Battye, Ward Member, addressed the Committee, speaking in opposition of the application.

Note – Following her speech, Councillor J Battye left the Council Chamber for the remainder of the item.

Following a query from Members, the Interim Head of Development Management explained that the area of the boundary proposed to have stock fencing was connected to a paddock, rather than someone’s garden and that a public footpath ran along the other boundary of the paddock. It was noted that the stock fence was more in keeping with the area.

Members were informed that if a neighbour wanted to change the area from a paddock to a garden, it would require a change of use application.

The Chair requested that David Hayward, Story Homes, respond to an issue raised by Members. He explained that a public footpath ran east to west along the northern boundary of the paddock and indicated where on the site location plan this was situated.

In responding to a question raised by Members, the Planning Officer explained that the proposed amendment to the boundary treatment did not impact the privacy of neighbouring properties.

Councillor G Archibald proposed that the proposed change to the boundary treatment, as set out in the report, be accepted as a non-material change and that the amendments be granted. Councillor H Irving seconded the proposal.

Members noted that they did not feel the change would adversely impact residential amenity and that the proposed changes were a non-material amendment to the original proposal.

A vote was taken  ...  view the full minutes text for item 108.

To consider an Application to regularise the built retaining wall by plots 35/70 (Retrospective).

Regularise the built retaining wall by plots 35/70, full planning application. (Retrospective)

The Planning Officer presented Planning Application No. SL/2023/1158/FPA, which sought retrospective permission to regularise the built retaining wall by plots 35/ 70 at Land North of Sycamore Close, Endmoor, Kendal. The application had been reported to the Committee following a request from a Member of the Council due to the sensitivity and public interest in the site.

Members’ attention was drawn to photographs of the wall and surrounding area, with a site plan being shown to illustrate the specific location of the wall within the site. A sectional plan of the wall was shown to note the installation of the wall and the reduced gradient running towards the eastern boundary, down the side of the houses. Members were provided with full details of the wall’s construction, as set out within the report.

Members were informed of the visual impact of the wall, which was located in an area of the site that was not readily visible from elsewhere on the site. It was noted that the materials used to build the wall were sympathetic to the materials used on some of the dwellings on the site.

Members raised queries relating to the original plan for the site and if the wall was part of those plans. The Planning Officer confirmed that this area was originally planned as banking rather than a wall. Members followed this up, noting that there was no evidence that the wall was necessary.

David Hayward and Jennie Taylor, Story Homes (Applicant) addressed the Committee, speaking in support of the application.

Members queried the management of open spaces, in particular a young hedgerow close to the location of the wall. David Hayward confirmed that this was managed by a management company and informed Members that any work done would have to be in line with the application approved in 2017. Members noted that this hedge would provide a good level of screening if encouraged to grow.

The Chair noted that this application should have been submitted prior to the construction of the wall rather than retrospectively.

Councillor J Battye, Ward Member, addressed the Committee, speaking in opposition to the application.

Following questions from Members, Councillor J Battye confirmed that she did feel that the visual impact of the wall should be considered as a material planning consideration due to the size and location of the wall and that it was built with no consultation with residents. Furthermore, she noted that residents would have preferred natural screening to be used as this would have been considered as less intrusive than the wall that had been constructed.

Note – Following her speech, Councillor J Battye left the Council Chamber for the remainder of the item.

The Planning Officer confirmed that the visual impact of the wall was a material planning consideration.

The Chair suggested a potential condition for additional screening along the wall, which could mitigate the visual impact of the wall. Members supported this suggestion,  ...  view the full minutes text for item 109.

To consider an Application for a new building on the existing car park to house a spray dryer, the existing covered walkway to be enclosed to create new access corridor and car park spaces to be reconfigured to suit building position.

New building on existing car park to house a spray dryer, existing covered walkway to be enclosed to create new access corridor, car park spaces to be reconfigured to suit building position (MAJOR APPLICATION)

The Planning Officer presented Planning Application No. SL/2023/0163, which sought permission for a new building on the existing car park, to house a spray dryer, an existing covered walkway to be enclosed, creating a new corridor and the reconfiguration of existing car parking spaces to suit the building position.

Members’ attention was drawn to photographs and a plan of the site, and the proposed areas of development, including the existing building and proposed car park. The Planning Officer noted the current use and national strategic importance of the site in the production of baby formula and the limitations of the spray dryer that was a bottleneck in the production process. Members were informed that the proposals, if approved, would enable a tripling of production capacity and the creation of up to fifty additional jobs over three years.

Members were shown proposed elevations of the new building from a number of positons that looked over the site, which highlighted that the building would be significantly taller than the existing buildings and would represent a prominent addition to the skyline of north Kendal. It was noted that the wider visual harm was significant and would not outweigh the economic benefits of the proposals.

The Planning Officer provided full details of the application, as set out in the report and noted that Kendal Town Council had commented on the colour of the building, requesting that the roof be painted in sympathetic colours that would minimise the visual impact of the proposed buildings. He added that representations from two local Members of Parliament had also been received, commenting on the strategic importance of the site.

Members raised questions regarding the current operating hours and the Planning Officer noted that there wold be no change to the current hours which were twenty-four hours a day, seven days a week.

Further questions regarding the statutory consultees were raised, the Planning Officer confirmed that no objections had been received.

Simon Evans, the Factory Manager, addressed the Committee in support of the application.

Following queries from Members, Simon Evans responded that work had been undertaken to reduce the size of the building where possible and that the proposals would allow for the full operation to be brought to the Kendal site, rather than remain at a number of different sites. He noted that the Applicants were happy to consider any colour for the building and would choose the most appropriate colour and banding to minimise visual impact.

Mark Gourlay, Senior Project Manager, addressed the Committee in support of the application.

Following questions from Members, Mark Gourlay responded, stating that the Applicants had done a significant amount of work to reduce the size of the building and would consider rounding the corners of the building if this would assist in minimising the visual impact. He  ...  view the full minutes text for item 110.

To consider an Application for outline approval (some matters reserved) for the erection of eight self-build dwellings. (Resubmission of SL/2017/0575)

Outline Approval (some matters reserved) for the erection of 8 self-build dwellings (Resubmission of SL/2017/0575).

Note – Councillor G Archibald raised a declaration of interest at this point in the proceedings. After reflecting on the item, he felt that it would not be correct for him to take part in this item as he lived close to the application site and having had a business relationship with the Agent for the application. He left the meeting at 12.37 p.m.

Note – Councillor J Battye raised a point for clarity, that the Agent for the application chaired one of the Parish Council’s in her ward, she noted that she was not pre-determined and would remain in the room for the item.

The Planning Officer presented Planning Application No. SL/2023/0781, which sought outline approval, with some matters reserved, for the erection of eight self-build dwellings. Members were informed that the application had previously been refused by Officers, with eight reasons being given for the refusal, many of which had remained unchanged.

Members’ attention was drawn to site plans, photographs and an aerial view of the site which was located opposite a large development on Underbarrow Road and the Kendal Fell Quarry. It was noted that as the application was in outline, the designs, specific siting of the properties and other details were not being considered.

The Planning Officer highlighted the low density of the site and large scale of the proposed properties and plot sizes, as well as a number of key issues with the application.

Following a question from Members, the Planning Officer explained that the proposed site was located on land within the development boundary but not allocated.

Members noted that the application was broadly similar to the application that had been refused in 2022.

Peter Winter, the agent for the application addressed the Committee, speaking in favour of the application.

Colin Tomlinson, speaking on behalf of Mike Pennington, addressed the Committee, speaking in favour of the application.

Fred Pennington, the applicant addressed the Committee, speaking in favour of the application.

Following a query from Members, Fred Pennington, the applicant, explained that the focus on sustainable development and improving biodiversity was the right thing to do.

Note – the Solicitor, requested that Members agree to continue the meeting as it had run for three hours. All Members confirmed they were happy to continue.

Councillor P Thornton, Ward Member for Kendal Strickland and Fell, addressed the Committee, speaking to set out the reasons for calling the application in.

The Planning Officer responded to points made within the public participation.

Members noted that although they felt conflicted, it was disappointing that the application had insufficient information on key issues such as surface water, foul drainage, broadband connection. It was noted that the inclusion of this information would have been appreciated.

Councillor J Filmore, although understanding the points made by those in the public participation section, proposed that the application be refused, for the reasons set out in the report.

Members discussed the  ...  view the full minutes text for item 111.

To consider an Application for a front porch and single storey wrap around side and rear extension.

Front porch and single storey wrap around side and rear extension.

The Planning Officer presented Planning Application No. SL/2023/0512, which sought permission for the erection of a front porch and wrap around extension to the side and rear of the property.

Members’ attention was drawn to photographs of the site, a site location plan and the existing and proposed floor plan, particularly focusing on the distance between the boundary of the site and the proposed extension. It was noted that although objections had been received regarding the boundary, the proposed extension was fully within the boundary and that issues regarding the boundary were a civil matter rather than a planning matter.

Councillor H Irving proposed that planning permission be granted, subject to the conditions set out in the report.

Councillor D Rathbone seconded the proposal. In seconding the proposal, he raised a query regarding the boundary, the Planning Officer noted that this was a civil matter and that the proposed extension overhanging the boundary would constitute a planning matter, the application in question did not overhang the boundary.

Members expressed concern over the impact on the boundary wall although they noted that supported the application. The Interim Head of Development Management added that a condition could be included to ensure the boundary wall was retained if the ownership of the wall was identified.

A vote was taken and it was unanimously,

RESOLVED, that planning permission be granted, subject to the following conditions:-

Time Limit for Commencement

Condition (1)   The development permitted shall be begun before the expiration of three years from the date of this permission.

Reason:           In order to comply with the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

Approved Plans

Condition (2)   The development hereby granted shall be carried out in accordance with the drawings hereby approved:

i) Proposed Plans, Elevations & Site Block Plan - 2304 03D - A1, received 21^st December 2023

ii) Location Plan, received 3rd July 2023

iii) Site survey, received 3rd July 2023

Reason:           To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.

Materials

Condition (3)   The development hereby permitted shall be constructed entirely of the materials, which are shown on the submitted application form and ‘Proposed Plans, Elevations & Site Block Plan - 2304 03D - A1’. The approved materials shall be retained thereafter, unless otherwise approved in writing by the Local Planning Authority.

Reason:           To ensure the development is of a high quality design in

accordance with Policy DM2 of the Development Management Policies Development Plan Document and Policy CS8.10 of the South Lakeland Core Strategy.

Bat/Bird Box

Condition (4)   Within 4 weeks from the completion of the development, a bat/bird box shall be installed within the site. The bat/bird box shall be retained for the life of the development. A native tree shall be planted within the first planting season following the substantial completion of the  ...  view the full minutes text for item 112.

To consider an Application for a rear and side extension and partial loft conversion, forming extended bedrooms, shower room and mezzanine to the first floor level and utility, extended kitchen/dining and sitting area, extended bedroom and removal of porch to ground floor level.

Rear and side extension and partial loft conversion forming extended

bedrooms, shower room and mezzanine to first floor level and utility, extended

kitchen/dining and sitting area, extended bedroom and removal of porch to ground floor.

The Planning Officer presented Planning Application No. SL/2024/0174, which sought permission for a rear side extension and partial loft conversion, forming extended bedrooms, a shower room and mezzanine to the first floor level and utility, an extended kitchen/dining and sitting area, extended bedroom and removal of the porch to ground floor.

Members’ attention was drawn to the site location plan, an aerial view and existing and the proposed floor plans of the property. The Planning Officer noted the distances associated with the mezzanine level which was set back from the main face of the extension and provided full details of the application, as set out in the report.

No questions were raised by Members.

Councillor R Audland proposed that planning permission be granted subject to the conditions set out in the report and was seconded by Councillor H Irving.

A vote was taken and it was unanimously,

RESOLVED, that planning permission be granted, subject to the following conditions:-

Time Limit for Commencement

Condition (1) The development permitted shall be begun before the expiration of three years from the date of this permission.

Reason:         In order to comply with the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

Approved Plans

Condition (2) The development hereby granted shall be carried out in accordance with the drawings hereby approved:

i) 01B received 02/02/2024

ii) 02B received 02/02/2024

Reason:         To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.

Materials

Condition (3) The development hereby permitted shall be constructed entirely of the materials details of which are shown on the submitted application form and

i) 01B received 02/02/2024 and

ii) 02B received 02/02/2024

The approved materials shall be retained thereafter, unless otherwise approved in writing by the Local Planning Authority.

Reason:         To ensure the development is of a high quality design in

accordance with Policy DM2 of the Development Management Policies Development Plan Document and Policy CS8.10 of the South Lakeland Core Strategy.

Bat/Bird Box

Condition (4) Within 4 weeks from the completion of the development, a bat/bird box shall be installed within the site. The bat/bird box shall be retained for the life of the development. A native tree shall be planted within the first planting season following the substantial completion of the development.

Reason:         To ensure the development achieves a net gain in biodiversity in

accordance with Policy DM1 and DM4 of the Development Management Policies Development Plan Document.

Tree Protection

Condition (5) No fires shall be lit within 10 metres of the nearest point of the canopy of any retained tree, no equipment, machinery or structure shall be attached to or supported by a retained tree, no trenches shall be excavated or services  ...  view the full minutes text for item 113.

To consider any urgent items of business.