27-03-15 92-96 PDF 233 KB - Meetings, agendas, and minutes
Transcription
27-03-15 92-96 PDF 233 KB - Meetings, agendas, and minutes
61 27.03.2015 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 Friday, 27 March 2015, at 10.00 am. Present Councillors Mary Wilson (Chairman) Sylvia Emmott (Vice-Chairman) Brian Cooper Joss Curwen Sheila Eccles David Fletcher Gill Gardner Brenda Gray John Holmes Kevin Lancaster Apologies for absence were received from Heidi Halliday, Helen Irving and Janette Jenkinson. Bharath Rajan Phil Walker David Williams Councillors Philip Dixon, Officers Wendy Clarke Simon Fawcett Mark Shipman Chris Woods P/92 Planning and Property Solicitor Planning Officer Development Management Group Manager Democratic and Electoral Services Manager DECLARATIONS OF INTEREST RESOLVED – That it be noted that Councillor Brian Cooper explained that, whilst he had no disclosable pecuniary or other registrable interest in the planning application item (1) SL/14/1231, the applicant was known to him, and that, following advice, he would be leaving the Council Chamber during discussion and voting on that item on the basis of pre-determination. P/93 LOCAL GOVERNMENT ACT 1972 - EXCLUDED ITEMS RESOLVED – That it be noted that there are no items in Part II of the Agenda. P/94 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); 62 27.03.2015 Planning Committee (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/95 PUBLIC PARTICIPATION Note - Councillor Brian Cooper left the Council Chamber whilst the following matter was debated and determined on the ground of pre-determination. (1) SL/14/1231 – PRESTON PATRICK: Land between A65 and Lancaster Canal, South of Seven, Milestone Bridge, Crooklands, Milnthorpe (Mr D. Jackson (Agent) Indigo Planning Limited) The Planning Officer gave Members a description of the proposal and its relationship with neighbouring properties. Members’ attention was drawn to the Late Representations which had been circulated prior to the meeting and he indicated the changes which had been introduced by amended plans. Councillor Roger Bingham, District Councillor for the Burton and Holme Ward and County Councillor for the Lower Kentdale Division, addressed the Committee. He drew on his experience as a Church of England Lay Reader, who had conducted a considerable number of funerals, and advised Members that he had noticed that attendance at funerals had increased. Consequently, the seating capacity of 80 at Lancaster Crematorium was often inadequate for the number of mourners. That fact, together with the lengthy travel time to the Crematorium, meant that he could appreciate why mourners would welcome having a facility which was closer. However, he pointed out that the journey time could be eased when the introduction of the new road network around Lancaster was completed. He felt that the siting of the proposed Crematorium was strategically wrong and would not address the greater needs of the majority of South Lakeland’s residents. In addition, the suggestion that only four funerals a day would be allowed would not be sufficient. He also shared concerns about the siting a Crematorium at the principal gateway to the Lakes and the impact on the local economy. Mr Peter Winter, Vice-Chairman of Preston Patrick, spoke on behalf of the Parish Council. He emphasised three of the objections which the Parish had submitted regarding the application. These were landscape impact, highway issues, the suitability of the site for a Crematorium and traffic. Mr Brian Duckett, a local resident and Funeral Director, addressed the Committee. He queried the need for a Crematorium when it was reported that the Lancaster Crematorium was not running at full capacity. In addition, he felt that it was in the wrong location and needed to be more accessible to the wider community. He also referred to the new road layout in Lancaster which would shorten the commute to the existing Crematorium. He felt that there would need to be more than 4 funerals a day to make the venture viable. 63 27.03.2015 Planning Committee Mr Martin Robinson objected to the proposal as he and his wife were due to open a Children’s Day Nursery adjacent to, and less than, 30 metres from the application site. He queried the level of increased traffic which would result from the proposal. Mr Robinson also felt that there were strong reasons for refusing permission to develop a large greenfield site which would only create 4 or 5 jobs. These included the distance of the Memorial Gardens from residential properties. Mr Stuart Mack, a local resident also spoke in opposition to the application. He queried the need for crematorium and the ability to cater for foreseeable demand; he felt it was strategically unsustainable. He drew attention to the need for an accessible location which offered tranquillity to mourners. In addition, he also raised concerns about flooding and the impact on visitors to the Lakes. Ms Alison Loveland, spoke to the Committee on behalf of her father, Reverend Bernard Loveland, Deacon at the Holy Trinity and St George Church, Kendal. She read out his objections to the application which concerned the lack of a peaceful and quiet environment for mourners. Mr Colin Redmayne, a local resident, felt that the location was not suitable for any development, particularly if it generated more traffic. He pointed out that it had not been included in the Land Allocations Scheme and was liable to flooding. He also queried the need for a Crematorium and the impact on the nearest neighbours to the site. Mr Jeremy Lambe, Lambe Planning and Design Ltd., addressed the Committee on behalf of Millness Leisure Park, Milnthorpe. He pointed out that the Park was located directly opposite the site and that this close proximity would have a serious effect upon the business. There was therefore the potential for a significant decrease in tourism spending and loss of employment. The nearest holiday lodge was 30 meters away from the site boundary. He referred to the findings of an Inspector when an appeal was dismissed for a Crematorium off Gatebeck Lane, Endmoor. The Inspector had stated that the nearby tourist facilities would become less attractive because of negative public perceptions, and, that this would offset any job creation benefits from the new facility. In addition, he referred to Policy CS5 of the South Lakeland Core Strategy which he felt the application was not in accordance with. Mr Andrew Crowe explained that he was concerned about urbanisation of a rural area at the Gateway to the Lakes. In particular he felt that the number of visitors to the Crematorium had not been taken into account and that plans to develop and make changes to the road system would increase run off of waste water. Mr Stuart Mack read out a statement on behalf of Ms Zoe Mack, a resident of the area. She had commented on the lack of public transport and drew attention to the fact that this issue had been used by the applicant as an argument against a recent proposal for a Crematorium at Beetham. She pointed out that there was virtually no bus service and a lack of pavements for walkers. A pedestrian had been in an accident with an HGV on the A65 near the site just recently. She felt that this lack of accessibility, except by car, was contrary to Policy CS1.1 of the Core Strategy. 64 27.03.2015 Planning Committee Ms Mack also drew attention to the proposal to re-open the Canal from Tewitfield to Canal Head and that it was a designated County Wildlife Site. She felt that the site location failed to meet modern sustainability requirements. Mr Daniel Jackson of Indigo Planning Limited responded to the issues raised by the speakers. He stressed that the application had been submitted on behalf of a major operator. Need for a Crematorium in the area had clearly been identified and was supported by the Council. He advised that there were legal requirements governing distances from adjacent properties which meant that a Crematorium could not be located on any site. It was felt that the proposal site was well located and had 7 bus services a day, although most people used a car for transport. He felt that this was a viable site, sufficient to meet the needs of the District. It was inevitable that there would be an impact on the landscape, but he felt this could be minimised. The applicant was happy to include conditions regarding landscaping. The Planning Officer summarised the main issues and displayed plans and photographs to Members. Members were reminded during the debate which followed that restrictions on distances from adjacent properties was not a planning consideration. The debate focussed on the lack of tranquillity of the location and impact on adjacent properties. REFUSE for the reason as stated in the Schedule with the addition of the following reasons:(1) It is considered that the proposed crematorium and its ancillary memorial gardens, parking, new access, LPG compound and other structures would have a significant urbanising effect on a rural and agricultural setting. The design of the building and formalised gardens would introduce jarring and discordant features into that landscape from both close and distance viewpoints, which fail to protect and conserve the special qualities and the local distinctiveness of the area. This would be contrary to Local Plan Policies CS5 The East and CS8.2 Protection and Enhancement of Landscape and Settlement Character of the South Lakeland Local Development Framework Core Strategy. (2) The proposed siting of the Crematorium immediately opposite the entrance to Millness Hill Leisure Park, the Lancaster Canal and Longcroft Nursery would have a detrimental effect on the existing businesses and would, in particular reference to users of Lancaster Canal and Millness Hill Caravan Park, fail to maintain and enhance the strength of tourism in the area and fails to address the diverse social and economic needs of the local resident and visitor community to the Parish of Preston Patrick. The development as proposed would be contrary to South Lakeland District Council Local Development Framework Core Strategy Policy CS1.1 Sustainable Development Principles and Policy CS5 The East . 65 27.03.2015 Planning Committee Note - The Committee adjourned at 11.35 a.m. and reconvened at 11.50 a.m. when the same Members were present, with the addition of Councillor Brian Cooper. (2) SL/15/0016 - KENDAL: Mill Field, Shap Road (Mr Keith Nutter (Morbaine Limited)) The Development Management Group Manager gave Members a description of the proposal and its relationship with neighbouring properties. Members’ attention was drawn to the Late Representations which had been circulated prior to the meeting. Mrs Diana Crewdson, from Beck Mills Farm, Shap Road, Kendal, addressed Members about the application. She was concerned about the potential impact that noise emissions would have on nearby residential properties and felt that there was not enough evidence of potential impact for the application to be approved. In addition, she felt that the suggested conditions which restricted evening use of the balcony were not specific and would be impossible to police. Mr Joss Crewdson, of Riverside, Beck Mills, Kendal also spoke on the application. He supported the statement given by the previous speaker. He also felt that the concerns of the Highway’s authority needed to be addressed before the application could be considered. Mr Keith Nutter, the applicant, responded. He explained that there were no sites within the settlement boundary which could accommodate the size of the site needed for the proposal. He had, therefore, looked for suitable sites as close as possible to the development boundary and conceded that some impact on residents would be unavoidable. He was content to have conditions on the use of the balcony and hours of operation and felt that the impact on residents had been mitigated as far as possible. It was also stated that the Club had written to residents to address concerns. The Development Management Group Manager reported that a further letter of opposition had been received that morning from an Appleby Road resident and read this out to Members. In addition, he summarised the main issues and displayed plans and photographs to Members. GRANT subject to the conditions as set out in the Schedule, with amendments to Conditions 2 and 14 as set out in the Late Representations Report. P/96 REPORT OF THE DIRECTOR PEOPLE AND PLACES (3) KENDAL: Land off Oxenholme Road, Kendal, LA9 7HG (Mr Keith Nutter) Members’ attention was also drawn to the Late Representations which had been circulated prior to the meeting. 66 27.03.2015 Planning Committee Subject to a satisfactory conclusion to negotiations over the highway details, the Director People and Places be authorised to GRANT the application, subject to the conditions as set out in the Schedule, with an amendment to Condition 14 as set out in the Late Representations Report. The meeting ended at 1.00 pm.