Meeting documents

To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 24 March 2022.

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting held on the 24th March 2022.

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.

RESOLVED – That it be noted that the following non-pecuniary interests were made:

(1)        Councillor Suzanne Long with regards to Minute No. p/62 (Planning Application No. SL/2021/0495 Sandgate School at Queen Katherine School Site, Appleby Road, Kendal, LA9 6PJ.); and

(2)        All Members declared interest with regards to Minute No. p/65 (Planning Application No. SL/ 2022/0160 Post Office, Main Street, Greenodd, Ulverston, LA12 7RB.)

The Legal, Governance and Democracy Specialist clarified with Members that they understood their responsibility regarding ‘perceived bias’. The perception of bias definition was read to Members. Members were requested to declare to the Committee if they believed themselves to be influenced or predetermined in any way.

No member disclosed any concerns regarding being influenced or pre-determined on the above matters.

To consider whether the items, if any, in Part II of the Agenda should be considered in the presence of the press and public.

RESOLVED – That it be noted that the item in Part II of the Agenda be considered following the exclusion of the press and public.

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 by no later than 0:01am (one minute past midnight) two working days 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 Services Team on 01539 733333.

(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.

RESOLVED – That it be noted that applications to speak under the Council’s public participation scheme have been received in respect of the following Items:

(1)        Minute No. P/62 SL/2021/0495 – Sandgate School at the Queen Katherine School site, Appleby Road

(2)        Minute No. P/63 SL/2022/0332 – Garden of Castle Mount, Burton Road, Oxenholme

(3)        Minute No. P/65 SL/2022/0160 Post Office, Main Street, Greenodd, Ulverston

(4)        Minute No. P/66 SL/2021/0162 Land at Viver Green, Viver Lane, Hincaster

To consider an application for the extension of Sandgate SEN School site, Appleby Road, Kendal, LA9 9PJ.

Extension of Sandgate SEN school comprising of new educational classrooms, multi-purpose hall with pupil facilities, teaching facilities and external works

Note - Councillor Susanne Long declared a non-pecuniary interest by virtue of the fact that she knew one of the objectors. She confirmed that she was not predetermined and remained in the meeting for discussion and voting on the item.

The Principal Planning Officer confirmed that an email had been received this morning by his colleague Sonia Swift – Planning Officer. The email from Christian Judd, Director – Architects Plus, acting on behalf of the Applicant - Cumbria County Council, requested the Application be deferred to allow additional time to address the Sport England objection.

The Principal Planning Officer put forward the recommendation to defer the Application. Members supported of the motion.

The motion to defer the Application was proposed and seconded and a vote taken and it was:

RESOLVED – That Agenda Item No. 6: Planning Application No. SL/2021/0495 Sandgate School at The Queen Katherine School site, Appleby Road, Kendal; be deferred to a later meeting date.

Note - Following a query raised by Members, the Chairman clarified that the application was a matter for South Lakeland District Council to determine and was not for the attention of Cumbria County Council.

To consider an application for the erection of a detached dwelling at Castle Mount, Burton Road, Oxenholme, Kendal, LA9 7PR.

Erection of detached dwelling.

The Principal Planning Officer provided a presentation outlining the details of the proposal.  The position of the site in relation to Kendal and Oxenholme was established with a site plan being displayed. The site for the proposed dwelling was presented and explained with access points being highlighted and an inset map illustrating the settlement boundary. The land earmarked for the Application was set outside of the development boundary, with a variety of diagrams and photographs being displayed to provide the visual setting.

The Principal Planning Officer explained that the Application had been called in by Councillor Rathbone on the grounds that he considered it an ‘infill’ development, despite being outside the settlement boundary. The existing development boundary close to Burton Road was immediately to the west of the site. 

Key policy points relative to the Application were discussed including reference to Development Strategy and Policy.

The Principal Planning Officer presented key policy points which related to the application, including the Development Strategy and Policy and provided an overview of the report.  He drew Members’ attention to the material considerations as outlined in the report and noted potential exceptions to Policy.

The Principal Planning Officer assessed the Application against the development plan via Policy DM12 Self Build and Custom Build Housing, DM13 Housing Development in Small Villages and Hamlets (Outside the AONB) and DM14 (Rural Exceptions). These policies provided scope for small and windfall sites, ensuring that for each form of housing, the qualifying criteria were met. The criteria was assessed in relation to this Application and the parameters and rules were discussed.

The Principal Planning Officer’s recommendation was that the Application be refused on the grounds that the development was situated outside the settlement boundary and would undermine the aims of Policy LA1.1 of the Land Allocations Development Plan Document (LADPD).

Public Speaker: Kate Bellwood (Planning Agent) spoke in support of the proposal.

The Principal Planning Officer addressed the points raised during the public participation.

The Principal Planning Officer responded to questions raised by Members and in doing so, stressed that each application be considered on its own merits and deviation from policy should only occur in very exceptional circumstances. The planning process was designed to guide and ensure that new developments are delivered in sustainable locations. The cumulative effect of allowing houses to be built outside of this strategy would be harmful and undermine the Council’s approved Development Strategy.

The Chairman stipulated the value and importance of the Council agreed policies unless there were exceptional circumstances.

Members requested an update on self-build targets and sight of our performance figures. The Planning Officer responded with illustrative slides showing that the Council was exceeding its targets for self-build properties. Members queried if the proposed Application was an environmentally friendly design. The Planning Officer stated that as this was an outline application there was no firm proposals to suggest that this Application would match environmental targets.

A motion to refuse the application following the Planning Officer’s recommendation was  ...  view the full minutes text for item P/6

To consider a hybrid application for a motor dealership and associated works at land north of Meadowbank Business Park, Shap Road, Kendal LA9 6NY.

Hybrid application: 1. Full Application for motor dealership (sui generis) including workshops, access roundabout, spine road and internal compartmentation area access junctions. 2. Outline Planning Application all matters reserved, apart from access, for employment business park (indicatively B1/B2 6400m2 & B8 2500m2).

The Principal Planning Officer provided a report outlining the proposed development. An earlier version of this proposal had been considered by the Planning Committee in October 2021, when Members resolved to approve the Application subject to a section 106 agreement and a number of conditions. Since then the proposal has undergone significant amendments, requiring further consideration by the Committee.

The Principal Planning Officer presented slides to indicate the extent of the proposed site for development as it differed from the previous application. Much of the application site was within the development boundary of Kendal on land allocated for development by Land Allocations DPD policy LA1.8 (Local Employment Allocations). The policy listed the "Acceptable Uses" for the site as those falling within Classes B1 (Business) and B2 (General Industrial) of The Town and Country Planning (Use Classes) Order 1987 (as amended).

The Principal Planning Officer provided a description of the hybrid application, being a full application for a motor dealership (sui generis) including workshops, access roundabout, spine road and internal compartmentation area access junctions. He described the updated proposal as now being in conflict with the development plan by including 50m of land beyond the development boundary of the town.

The justification for the recommendation had been based upon material planning consideration in that the revised proposal will provide space for the sustainable disposal of the considerable amount of surplus topsoil that would be generated by the development. The updated proposal provided an opportunity for landscape mitigation and offered the prospect of achieving the required biodiversity net gain entirely on-site. The material planning consideration with a condition to limit use of the area in the manner proposed, were sufficient to justify the departure from policy. A variety of photographs from differing angles were shown to explain the proposal.

The proposal considered last year was recapped. The issues with colour on the building designs have also been addressed with the visual impact of the buildings being reduced.

The configuration of the plan and site access was discussed. The Principal Planning Officer advised that the plan as submitted was now intended as the full and final development, subject to approval of reserved matters for the outline element of the proposal. This included the diversion of the public rights of way; diagrams and photographs served as explanation. The formal diversion to the footpaths were put to Members for consideration and approval. 

The Principal Planning Officer explained how the use of the topsoil enabled a contribution to biodiversity and added that the avenue of trees shown in the photographs would be lost with 50 metres of new trees being planted to compensate. He referenced the possibility for three additional offsite areas proposed by the Applicant to be developed as biodiversity net gain to attach  ...  view the full minutes text for item P/7

To consider an application for change of use from  a Post Office, shop and dwellinghouse (Use Class E) to dwellinghouse (Use Class C3) at Main Street, Greenodd, Ulverston, LA12 7RB.

Change of Use from a Post Office, shop & dwellinghouse (Use class E) to dwellinghouse (Use class C3).

Note – All Members of the Planning Committee raised a non-pecuniary interest for transparency, by virtue of the fact that the Applicant was known to them and was a Councillor at South Lakeland District Council. All Members confirmed that they were not predetermined on this item and remained in the meeting during discussion and voting on the item.

The Planning Officer presented the report to Members. The proposal was described as an application for change of use from a Post Office, shop and dwellinghouse (Use Class E) to dwellinghouse (Use Class C3) at Main Street, Greenodd, Ulverston, LA12 7RB.

A site description was provided along with slides of photographs and a site location plan. A slide listing key issues with the changes were presented, the principle issue being the loss of community facility. The viability of the shop is not sustainable, no profit had been made. Passing trade had reduced significantly and the site was located on a one way street.

The application was presented to Planning Committee due to the Applicant being a South Lakeland District Council Councillor.

Members were updated on the recent development that the Post Office Outreach Service had been relocated to the village hall on a part time service basis since the publication of the report.

The Planning Officer relayed the fact that the Post Office support had been streamlined in recent years with its’ being service reduced and the shop had continued to provide support to the local community. Members discussed whether the facilities offered by the Post Office could be provided elsewhere and they were advised by the Planning Officer that there were other local businesses providing essential produce And that a newsagents in Ulverston was prepared to deliver to the village.

The Planning Officer described how no alterations internally or externally were planned in the proposals and explained that there would be no impact to the street scene other than a reduction in traffic and more parking..

Speaker – Councillor Janet Willis – Applicant, spoke in support of the Application.

In response to a query regarding the original use of the property, the Planning Officer noted that they did not know the planning history of the property and when it had been converted to a business.

A motion to approve the Application was proposed and seconded and a vote was taken and it was

RESOLVED – That the application be approved subject to:

Condition (1):

The development hereby permitted shall begin not later than three years from the date of this decision.

Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

Condition (2):

The development hereby permitted shall be carried out in accordance with the following approved plans:

•           Site location plan, received 21 February 2022

•           Ground Floor Plan, received  ...  view the full minutes text for item P/8

To consider an application for the variation of condition 1 attached to planning permission SL/2015/049 for 20 dwellings, associated access road, landscaping and parking provision for Hincaster Trailway at Viver Green, Viver Lane, Hincaster, Milnthorpe, LA7 7NA.

Variation of condition 1 (Approved plans) attached to planning permission SL/2015/0497 (20 dwellings, associated access road, landscaping and parking provision for Hincaster Trailway).

The Planning Officer presented the report to Members. The proposal was described as a variation of condition 1 (Approved plans) attached to planning permission SL/2015/0497 (20 dwellings, associated access road, landscaping and parking provision for Hincaster Trailway).

A variation, and revocation if so required, to a S106 agreement and deed of variation relating to affordable housing was approved by Members at the March 2022 Committee. At that Committee, it had been agreed with Members that the S73 Application would be presented to Committee.

The Planning Officer outlined the proposal as variation to three plots 13, 15 and 16 and proposed to increase the ridge height of these dwellings by 0.45 meters.

The Planning Officer provided the history of the plot where the previous developer went out of business, the Section 106 modification discussed in the last meeting was relayed to Members. The modifications to the three plots were explained with diagrams on slides. The impact to the street scene was discussed and the aerial surround of the site reviewed with front and rear elevations being displayed. The proposed changes to the ridge height was explained using diagrams and the impact on neighbouring properties was described as minimal.

Speaker: Paul Tunstall – Planning Agent, spoke in support of the application.

Members queried the roof colour changes in the slides. The previous design was noted to have a different colour roofing material to the proposed change image. The Chairman allowed the speaker to clarify the reason for the Members’ benefit. The Speaker confirmed that all materials will remain the same, the design illustration was purely providing comparison on like for like basis.

A Member enquired about the contribution towards the affordable homes element by the developer. The Officer advised that this was not a material consideration for this Application.

The Chairman acknowledged that whilst it may not be a material planning consideration he asked if the Principal Planning Officer could check and provide a written response to the Member with an update on the contribution towards the affordable homes element agreed by the previous developer.

A motion to approve the application was proposed and seconded and a vote was taken and it was

RESOLVED: That the application be approved subject to the following:

Condition (1):

The development hereby permitted shall be carried out in accordance with the following approved plans:- 9867/3/12/Rev B Location Plan; 9867/3/1/ Rev G Site Layout Plan; E1815.03A Site Survey; 9867/3/2 House Type H1; 9867/3/3 Rev A House Type H2; 9867/3/4, House Type H3; 9867/3/4 Rev P00, House Type H4; 9867/3/6 Rev A House Type H5; 9867/3/8 Rev A, House Type H6; 9867/3/8 Rev P00, House Types H4 ABC; 9867/3/15. Site Sections AA and BB; 9867/3/16. Street Elevation; 9867/3/17. Visibility splay plan; 139.700 Street Scene. 139.200

Rev I Landscape Strategy Drawing; 139.300 Rev D Structural Landscaping Plan; 139.400 Rev B Boundary Treatments; 139.501 Rev  ...  view the full minutes text for item P/9

To consider an update on performance measures and recent appeals as at 30 April 2022.

The Principal Planning Officer presented the Planning Applications Performance Figures report to Members. The recommendation and consideration for Members was to note the contents of the report.

Providing the planning application performance figures supports the governance arrangements which underpin the Council’s decision making.

The Principal Planning Officer requested Members to consider an update on performance measures and recent appeals as at 30 April 2022. The Officer stated that the Team had recently undertaken a ‘bit of a purge’ on applications where they were unable to find solutions with Applicants, these Applications have been refused. The Officer explained that this has influenced the figures.

The Chairman requested Members to note the contents of the report and attached appendices.

Members agreed that the reports were very comprehensive. Members thanked the Senior Officer for data being presented consistently in an easily understandable way.

A motion to note the contents of the report was proposed and seconded and a vote taken and it was

RESOLVED: That the report and attached appendices were noted.

RESOLVED - That, under Section 100(A)(4) of the Local Government Act 1972, the press and public, be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Part 1 of Schedule 12 A of the Act as amended by the Local Government (Access to Information) (Variation) Order 2006 by virtue of the paragraphs indicated.

To consider an update on planning enforcement activity between 1 January 2022 and 30 April 2022.

Members considered a confidential update on planning enforcement activity between 1 January 2022 and 30 April 2022 and noted its contents.

Members proposed to return to Part I for the benefit of the Minutes in order to record feedback from the Principal Planning Officer with regards to Holme House as set out within the Appendix to the report. The proposal was seconded and it was

RESOLVED – That the press and public be re-admitted to the meeting.

Members enquired what the appeal actually delivered in terms of the size of floor space for each of the five dwellings. Members wanted to know what the changes were and if the decision was upheld. The Officer responded to confirm that the appeal was allowed and that it won on all the substantive points.

RESOLVED - That, under Section 100(A)(4) of the Local Government Act 1972, the press and public, be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Part 1 of Schedule 12 A of the Act as amended by the Local Government (Access to Information) (Variation) Order 2006 by virtue of the paragraphs indicated.

RESOLVED – That the contents of Appendix 1 and Appendix 2 to the report be noted.