KENDAL TOWN COUNCIL

Notice of Meeting

PLANNING COMMITTEE

Monday, 20th November 2017 at 6.30 p.m.

in the Mayor’s Parlour, the Town Hall, Kendal

Committee Membership (8 Members) Jon Robinson (Chair) Austen Robinson (Vice-Chair) Clare Feeney-Johnson Alvin Finch Keith Hurst-Jones Lynne Oldham Kath Teasdale Graham Vincent

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 6TH NOVEMBER (see attached)

5. MATTERS ARISING FROM PREVIOUS MINUTES, NOT ON AGENDA 6. SECTION 106 AGREEMENTS (see attached) 7. CONSULTATION FOR STREET NAMES FOR 2 ROADS NEW

DEVELOPMENT PART OF STRAWBERRY FIELDS, OXENHOLME ROAD, KENDAL (see attached)

8. ANY OTHER BUSINESS

Page 1 of 13

KENDAL TOWN COUNCIL

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 13

KENDAL TOWN COUNCIL

Planning Committee

Monday 6th November 2017 at 6.00 p.m. in the SLDC Chairman’s Room, the Town Hall, Kendal

PRESENT Councillors Jon Robinson (Chair), Austen Robinson (Vice Chair), Clare Feeney-Johnson, Lynne Oldham, Kath Teasdale and Graham Vincent

APOLOGIES Councillor Finch OFFICERS Hazel Belshaw (Temporary Council Secretary) 592/17/18 PUBLIC PARTICIPATION None 593/17/18 DECLARATIONS OF INTEREST Councillor Oldham declared an interest in Agenda item 10 for

Planning Application SL/2017/0867 – Nursery, 54 Wattsfield Road, Kendal.

594/17/18 MINUTES OF MEETING HELD ON 16TH OCTOBER Members considered the minutes of the Committee meeting held on

16th October. Councillor Oldham proposed that the minutes be accepted as a

correct record. This was seconded by Councillor A Robinson and carried unanimously.

RESOLVED That the minutes of the meeting held on 16th October be accepted as

a correct record, and signed by the Chair. MATTERS ARISING 595/17/18 Section 106 Agreement (Ref minute 492/17/18)

Councillor A Robinson advised Members that Dan Hudson from SLDC will be attending the Committee Meeting on the 4th December. An email has also been received from Mark Loughran from SLDC outlining what happened with the Section 106 Agreement and the Sainsbury’s development. It has raised a few interesting questions and Councillor A Robinson advised Members that he would like to add a discussion regarding the email to the agenda at the next meeting.

RESOLVED That the discussion on the Section 106 Agreement and the

Sainsbury’s development be discussed as an Agenda item at the next meeting.

596/17/18 SOLAR PANELS – COUNCILLOR CLARE Councillor Clare was unable to attend the meeting therefore

Councillor J Robinson presented a paper prepared by Councillor Clare that had been previously circulated. Members discussed that solar panels are not often seen in this area

Page 3 of 13

06.11.2017 Planning Committee

on commercial properties. It is often difficult to persuade developers to introduce such things as it can take a long time to recover costs from installing solar panels. Also some buildings don’t have the correct aspect. Councillor Feeney-Johnson felt that other ways of using renewable energy, such as greywater systems were also beneficial to properties, especially large commercial buildings. It was suggested that KTC could recommend that developers look at using solar panels and other forms of renewable energy when reviewing the applications. Members were also keen to put together a press release to highlight that KTC favour applications using renewable energy. Councillor Vincent suggested speaking to Cumbria Action for Sustainability (CAFS) who may like to present at Council before they do so.

RESOLVED That the Committee will suggest the use of solar panels and other

forms of renewable energy where appropriate when reviewing applications. Also write a report highlighting that KTC support the use of renewable energy in developments.

597/17/18 LAND AT 2 HIGH MEAD, KENDAL Councillor Vincent declared an interest at this stage.

Members discussed the request to purchase an area of land at 2 High Mead, Kendal. The Committee noted the request and made no comments.

RESOLVED That the request to purchase an area of land at 2 High Mead was

noted. 598/17/18 PROPOSED BASE STATION INSTALLATION AT LAND WEST

OF BURNESIDE ROAD, KENDAL Members discussed the proposed base station installation at land

west of Burneside Road, Kendal. The base station will be outside of the Kendal boundary and Members felt the mast would not be visible. Therefore Members noted the proposal and made no comments.

RESOLVED That the Committee noted the proposed base station installation at

land west of Burneside Road, Kendal. ANY OTHER BUSINESS 599/17/18 An approved decision notification has been received for the Listed

Building Consent for Repairs and alterations to Kendal County Hall to facilitate improved disabled access (Ref 9011). Members noted the approval of the planning application.

RESOLVED That Members noted the approval of the planning application at

Kendal County Hall. 600/17/18 PLANNING APPLICATIONS Members considered Planning Applications submitted for

consultation purposes by the local planning authority, South

Page 4 of 13

06.11.2017 Planning Committee

Lakeland District Council. 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 7.29pm

Signed ………………………………………………………………

Dated ………………………………………………………………

Page 5 of 13

06/11/2017 Planning Appendix 1 No. App

No./Type Address/Proposed Development Comments

To SLDC Observations/ Recommendations

1 FPA 0831

Unit 3, Kendal Business Park, Appleby Road, Kendal Extension to existing business unit

07.11.2017 Approve

2 FPA 0654

39 Beast Banks, Kendal Replacement rear windows with upvc sash windows, replace lounge window with French doors & single lounge door with a window

07.11.2017 Refuse

• Concerns about the painting

• Inappropriate materials in a conservation area, especially considering this is an important building

3 FPA 0712

133 Stricklandgate, Kendal Conversion of vacant retail unit (Use Class A1), including raising the roof to form second floor, to create six self-contained studio apartments (Use Class C3)

08.11.2017 Refuse

Concerns over the number of single living space dwellings being developed

4 FPA 0942

OS Field No 4292, Spital Farm, Appleby Road, Kendal Create a new & improved vehicular access into agricultural field and close up the existing access

09.11.2017 Approve

5 FPA 0920

Waterside Estate, Dowker’s Lane, Kent Place, Bishop Court, Kendal Variation of condition 2 (approved plans) attached to planning permission SL/2014/0942 (Erection of 10 dwellings and 4 apartments; demolition of garages and storage sheds; erection of bin stores and replacement storage sheds; and environmental improvements to existing estate, including new paths and alterations to service road)

13.11.2017 Approve

Developers should be reminded not to seek alterations to their original plans.

6 FPA 0865

Helm Grove, Burton Road, Oxenholme, Kendal Two storey side extension

13.11.2017 Approve

Providing not unneighbourly

Page 6 of 13

06/11/2017 Planning Appendix 1 7 FPA

0954 74 Captain French Lane, Kendal Replacement windows and doors

14.11.2017 Approve

Welcome that they are using traditional materials in a conservation area

8 FPA 0944

44 Helmside Road, Oxenholme, Kendal Widening of existing driveway

15.11.2017 Approve

9 FPA 0965

7 Unit Kendal Fell Business Park, Boundary Bank Lane, Kendal Variation of condition 2 (approved plans) attached to planning permission SL/2016/0886 (Extension to Unit 7)

15.11.2017 Approve

10 FPA 0967

70A Drovers Drive, Kendal Installation of external stair to allow garden access

15.11.2017 Approve

11 FPA 0711

Former Sawyers Arms, 139 Stricklandgate, Kendal Conversion of vacant public house and alteration/extension of redundant rear outbuildings to create 14 self-contained apartments

16.11.2017 Approve

Would prefer that traditional materials are used for the rear windows due to being in a conservation area

12 FPA 0867

Nursery, 54 Wattsfield Road, Kendal Redevelopment of site to include 2 replacement units to be used in connection with horticultural day care facility

16.11.2017 Approve

13 FPA 0597

17 Romney Road, Kendal Single storey side extension

16.11.2017 Approve

Providing not unneighbourly

14 FPA 0980

Castle Mills Business Park, Aynam Road, Kendal Variation of condition 2 (approved plans) attached to planning permission SL/2017/0402 (Demolition of units 10, 36, 37 and 40; Castle Garden Cottage and 6 Aynam Road; partial demolition of units 38 and 46; alterations to the elevations of units 46 and 8; re-roofing of

17.11.2017 Approve

Page 7 of 13

06/11/2017 Planning Appendix 1

unit 11; and scheme of car parking, servicing and hard and soft landscaping)

15 FPA 0976

13 Grasmere Crescent, Kendal Two storey side extension, single storey rear extension and new porch

20.11.2017 Refuse

Due to being unneighbourly and overbearing

Page 8 of 13

KENDAL TOWN COUNCIL REPORT

To: Planning Committee

20th November 2017

From: The Town Clerk

Agenda Item No. 6

Section 106 Agreements

Information supplied by Mark Loughran, Development Control Team Leader, South Lakeland District Council

I suspect that the Sainsbury’s development is very much a one off application in terms of receiving S106 monies. It was a major out of town centre retail development and S106 monies were put forward to mitigate the impact of the development on the town centre and improve the approaches to the town centre shopping area from the development. This mitigation was based on national and local planning policies to protect the viability and vitality of town centres. However it followed 2 unsuccessful applications over an extended period and an unusually willing applicant.

In respect of most major development ( particularly housing developments) the use of S106 powers for infrastructure projects has now been largely replaced by The Community Infrastructure Levy (CIL) CIL is a planning charge, introduced by the Planning Act 2008 as a tool for local authorities in England and Wales to help deliver infrastructure to support the development of their area. The Community Infrastructure charge came into force in South Lakeland on 1 June 2015

CIL now allows SLDC to raise funds from developers undertaking new building projects in South Lakeland. The money is used to help fund the wide range of infrastructure that is needed as a result of development. This includes new or safer road schemes, flood defences, schools, hospitals and other health and social care facilities, park improvements, green spaces and leisure centres.

A proportion of CIL income (normally 15%) is paid automatically every 6 months to those parish and town councils where CIL-liable development has taken place. This can be spent on local infrastructure and other projects which support development of the area. More information can be found in our Parish and Town council advice note - updated April 2017 (PDF/195KB/3 pages).

In terms of the Sainsbury’s development I believe that you have been sent a copy of the S106. As a summary I have copied below the extract in bold from the Report to Planning Committee which set out the details of the S106 agreement

The S106 obligations

An S106 Agreement is essential for a development of this nature. Section 106 (S106) of the Town and Country Planning Act 1990 allows a Local Planning Authority (LPA) to enter into a legally-binding agreement or planning obligation with a landowner in association with the granting of planning permission.

These agreements are a way of delivering or addressing matters that are necessary to make a development acceptable in planning terms. They are increasingly used to support the provision of services and infrastructure, such as highways, recreational facilities, education, health and affordable housing.

Page 9 of 13

The legal position is that the CIL Regulations 2010 introduced a legal requirement that a planning obligation is only appropriate where it is:

• Necessary to make the development acceptable in planning terms;

• Directly related to the development; and

• Fairly and reasonably related in scale and kind to the development.

The scope of the S106 would cover a number of key elements:

• That works could not start on the retail site, until the Rugby Club has been fully relocated to a brand new facility and the site is wholly vacant.

• The implementation of the travel plan, including financial penalties (of circa £100,000) if the targets are not met.

• A significant financial contribution (£95,500) towards an extension to the cycle route from the town centre to Queen Katherines Avenue onto the application site, the main part of which has already been proposed by County Highways.

• A financial contribution of £170,000 towards the provision of a new or extended bus route to the site, which will double the frequency (every 15 minutes) of the No 43 linking the development to the Town Centre which could take in other sites such as K village.

• The applicant has been asked, by Kendal Town Council and Kendal Futures if they would support initiatives put forward to help mitigate the impact of the development on the town centre and improve the approaches to the town centre shopping area from the development. Following discussions between the applicant and Kendal Futures, the applicant has agreed to make a contribution of £208,500 to improve the northern approach to the town centre including new heritage lighting columns and lanterns, improved pedestrian signage, way finding trails and improved paving.

The applicant and Officers consider that these additional S106 proposals meet the 3 legal tests of the CIL Regulations

In addition the S278 will commit the applicant to improving 5 important highway junctions at an estimated cost of £250,000

Page 10 of 13

KENDAL TOWN COUNCIL REPORT

To: Planning Committee

20th November 2017

From: The Town Clerk

Agenda Item No. 7

Consultation for Street Names – Strawberry Fields, Oxenholme Road, Kendal

I am writing to the Town Council for consultation for two new road names for the above development, I have highlighted the roads in question on the attached plan. I have received the following suggestions from the Developer with information regarding the suggestion. The proposed road endings will be either, Close / Court / Avenue though may have to use different suffix for the road with flats/houses. I have received a list of proposed names from the Developer as below:- The Developer has tried to keep the naming with the connection of Strawberries (as this land was used for Pick Your Own Strawberries) and the others are link to tree's in keeping with 'Oak'mere or keeping the Lake District fells to tie up with the Oaks development. Maytime - Wild Strawberry Redcrest - Wild Strawberry Alpine - Wild Strawberry Blakemore - Wild Strawberry Mulberry - Tree - link to Company name 'Oakmere' Birch - Tree - link to Company name 'Oakmere' Aspen - Tree - link to Company name 'Oakmere' Grasmoor - Lake District Fells in keeping with The Oaks development Bannerdale - Lake District Fells in keeping with The Oaks development Thornthwaite - Lake District Fells in keeping with The Oaks development I would be pleased to receive the preference of the Town Council before the 1st December 2017, two names are required. Carolyn Potter Street Name Number Team South Lakeland District Council

Page 11 of 13

Page 12 of 13

KENDAL TOWN COUNCIL Applications for Planning Committee: 20th November 2017 Appendix 1

No.

App No./ Type

Address/ Proposed Development

Comments To SLDC

Observations/ Recommendations

1 FPA 0993

12 Applerigg, Kendal Demolition of garage and single storey link buildings and erection of replacement two storey side extension and lean-to roof over existing porch

28.11.2017

2 FPA 0998

11 Esthwaite Green, Kendal Single storey rear extension and front porch extension

28.11.2017

3 FPA 1002

73 Burneside Road, Kendal Single storey rear extension

29.11.2017

4 FPA 1005

Hadwins, Milnthorpe Road, Kendal Single storey rear extension to form covered car handover area

30.11.2017

Page 13 of 13