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South Lakeland District Council
PLANNING COMMITTEE
26 March 2015
APPEALS UPDATE
PORTFOLIO:
Not applicable
REPORT FROM:
David Sykes - Director People and Places
REPORT AUTHOR:
Mark Shipman – Development Management Group
Manager
WARDS:
All not wholly within a National Park
KEY DECISION NO:
Not applicable
1.0
EXPECTED OUTCOME
1.1
The report updates Members on performance measures and recent appeals.
It is anticipated that targets and objectives will continue to be achieved at the
year end.
2.0
RECOMMENDATION
2.1
It is recommended that Members note the report and contents of Appendices
1 and 2.
3.0
BACKGROUND AND PROPOSALS
3.1
Recent appeals are shown as set out in Appendix 1.
3.2
Whilst the national performance Best Value Performance Indicator for
Planning Appeals has been deleted, on 25 April 2013 the Growth and
Infrastructure Act became law and sets out the legal mechanism to measure
the performance of a Council to determine whether they should be placed in
special measures. One of the indicators is whether more than 20% of
appeals for major applications were being lost over a two year period.
Performance is now measured against this target and we continue to measure
against an overall target of 33% allowed appeals to test policy efficiency.
4.0
CONSULTATION
4.1
Not applicable.
5.0
ALTERNATIVE OPTIONS
5.1
Not applicable.
6.0
LINKS TO COUNCIL PRIORITIES
6.1
This report links to the aim of “Enhancing the environment in which we live.”
6.2
Indicator BVPI 204 set a target of a maximum number of appeals allowed as
33%. All enforcement appeals are discounted from the indicator because it
shows the efficiency of planning policy. The current overall performance,
calculated from those decisions received since 1 April 2014, is 85% success
in defending appeals against refusal (that is 15% and below the 33%
maximum local target).
6.3
The Government measures appeal performance on major applications over a
two year period and set the target at 20%. The calculation measures the ratio
of major appeals allowed against the number of Major application decisions
over the past two years on a rolling basis.
Major
Decision
140
Major
Apps on
Hand
11
Total
Majors
151
Appeals for
Major
Refusals
6
Appeals
allowed
Ratio
1
1%
The Quality of Decision Making performance is 0.66% but this is rounded in
the Government figures to 1% and is well below the 20% threshold to trigger
the Council being placed in Special Measures applying this criterion.
7.0
IMPLICATIONS
7.1
Financial and Resources
7.1.1 The recommendations in this report do not have any cost implications.
7.2
Human Resources
7.2.1 The recommendations in this report do not have any staffing implications.
7.3
Legal
7.3.1 Not applicable.
7.4
Social, Economic and Environmental
7.4.1 This report does not have any registered significant environmental effects.
7.5
Equality and Diversity
7.5.1 The Statement of Community Involvement takes account of the equalities
issues in seeking to define South Lakeland’s community and interests
relevant to the Local Development Framework which will influence the
determination of individual planning applications.
7.6
Risk
Risk
Consequence
Controls required
Failure to achieve the
National Performance
target of less than 20%
of Major application
appeals being allowed
over a 2 year period.
The likelihood is that
these targets might
become a performance
indicator in relation to all
planning application
appeals.
Ultimately the failure to
achieve Government
targets in relation to
Major appeals could
result in the Council
being put into Special
Measures and the
powers to determine
Major applications
being lost to Central
Government / Planning
Inspectorate.
Target of maximum number of
appeals “allowed” - 33% and
Majors at 20%. Ensure that
sufficient resources maintained
in Planning so that Major
applications in particular are
dealt with within targets thus
avoiding non-determination
appeals. Ensure that
applications are determined in
accordance with policy
Government guidance (NPPF),
and that there is a presumption
in favour of sustainable
development.
CONTACT OFFICERS
Mark Shipman, Development Management Group Manager – Tel: 01539 793332.
APPENDICES ATTACHED TO THIS REPORT
Appendix No.
1
Appeals table (commencing 1 April 2014), updated to include
new appeals and appeal decisions received between 10
February and 9 March 2015.
2
Planning applications Called-in for determination.
BACKGROUND DOCUMENTS AVAILABLE
Name of Background
document
Where it is available
Various planning files
Planning Department / website:
TRACKING INFORMATION
Assistant
Director
Portfolio
Holder
Solicitor to the SMT
Council
Scrutiny
Committee
n/a
n/a
9 March 2015
n/a
n/a
Executive
(Cabinet)
Committee
Council
Section 151
Officer
Monitoring
Officer
(Corporate
Director)
n/a
26 March 2015
n/a
n/a
9 March 2015
Human
Resource
Services
Manager
Leader
Ward
Councillor(s)
Development
Management
Group
Manager
n/a
n/a
n/a
9 March 2015
APPENDIX 1
Site
Description
SLDC Decision
PENNINGTON:
Refused 04/04/13 APP/M0933/A/13/2203115
(Committee)
12/08/13
PO Recommend:
SL/2011/0685
Refuse
ALLOWED
Standish Cote and
Mean Moor, Marton
and Harlock Hill
Five 99.5m high (2.3mw) wind
turbines, the removal of five existing
turbines on Harlock Hill, formation of
on-site access tracks, infrastructure
works, carriageway widening works
GRANGE over
SANDS:
Installation of ensuite shower rooms
to visiting staff bedrooms
Refused 08/05/13 APP/M0933/A/13/2206474
ALLOWED
Castlehead Field
Centre
MILNTHORPE:
Land to the rear of
20 The Square
KIRKBY LONSDALE:
Land adjacent to A65,
opposite Kendal Road
Planning Inspectorate Ref
and start date
Planning
Inspectorate
South Lakeland Planning Ref Decision
09/10/13
21 July 2014
23 April 2014
SL/2013/0049
Single storey garage and
workshop/store (Part retrospective)
Refused 10/09/13 APP/M0933/A/13/2207288
22/10/13
DISMISSED
26 August 2014
SL/2013/0695
Development of site for touring
caravans with associated access,
landscaping and services
Refused 29/08/13 APP/M0933/A/13/2209539
2/12/13
SL/2012/1007
DISMISSED
25 April 2014
Site
Description
SLDC Decision
BURTON in KENDAL:
Refused 30/05/13 APP/M0933/A/13/2209670
DISMISSED
Land to the south of
Burtlands Farm
Moss Lane
Detached industrial building (Class
B2 and B8 – General industrial; and
storage and distribution), formation
of rear service yard, parking and
landscaping and bund to rear (part
retrospective)
2/12/13
1 April 2014
LOWER
ALLITHWAITE:
Siting of holiday lodge and parking
hard standing
Refused 27/06/13 APP/M0933/A/13/2210318
(Committee)
17/12/13
PO Recommend:
SL/2013/0265
Refuse
DISMISSED
3 dwellings (2 Local Occupancy /
affordable and 1 open market)
Refused 01/11/13 APP/M0933/A/14/2213008
DISMISSED
11/2/14
19 May 2014
The Pastures
Templands Lane
ULVERSTON:
High Barn Farm
Pennington Lane
LUPTON:
Low Row Barn
Planning Inspectorate Ref
and start date
Planning
Inspectorate
South Lakeland Planning Ref Decision
SL/2013/0273
15 April 2014
SL/2013/0571
Blocking up of existing vehicular
access and use of temporary
access as permanent vehicular
access
Refused 10/12/13 APP/M0933/A/14/2214467
5/3/14
SL/2013/0792
DISMISSED
12 June 2014
Site
Description
SLDC Decision
OLD HUTTON:
Installation of a wind turbine
(54.70m to blade tip) with
associated infrastructure and
access track
Refused 21/10/13 APP/M0933/A/14/2214824
Refused 16/12/13 APP/M0933/A/14/2214866
Hayfellside Farm
House
Hayclose Lane
Change of use from ancillary
accommodation to dwelling &
erection of shed, construction of
canopy porch
PENNINGTON:
Conversion of barn into dwelling
Refused 01/11/13 APP/M0933/A/14/2216055
Old Croft Farm
NEW HUTTON:
Meadow View
Pennington Lane
PRESTON PATRICK:
Long Croft
BURTON in KENDAL:
Land to the east of
29 Morewood Drive
Planning Inspectorate Ref
and start date
Planning
Inspectorate
South Lakeland Planning Ref Decision
13/3/14
DISMISSED
20 October 2014
SL/2013/0435
13/3/14
DISMISSED
16 June 2014
SL/2013/0896
26/3/14
DISMISSED
18 June 2014
SL/2013/0607
Change of use from dwelling to
children’s nursery, including works
to front garden to form entrance and
parking
Refused 08/01/14 APP/M0933/A/14/2215709
Dwelling
Refused 30/01/14 APP/M0933/A/14/2215913
DISMISSED
1/4/14
17 July 2014
27/3/14
ALLOWED
20 June 2014
SL/2013/0872
SL/2013/1166
Site
Description
SLDC Decision
GRANGE over
SANDS:
Dwelling
Refused 28/05/14 APP/M0933/A/14/2219812
Land at 43 Carter
Road
STAINTON:
Dwelling
Land at High House
Planning Inspectorate Ref
and start date
Planning
Inspectorate
South Lakeland Planning Ref Decision
DISMISSED
11/6/14
10 February 2015
SL/2014/0356
(Costs also
dismissed)
Refused 12/05/14 APP/M0933/A/14/2221084
1/7/14
DISMISSED
6 October 2014
SL/2014/0262
NATLAND:
Dwelling with vehicular access
Land at Spence
House
Helme Lane
KIRKBY LONSDALE:
Barn at Abbot Hall
Farm, off Gallowber
Lane
ALDINGHAM:
Gleaston Park Farm
Gleaston
Refused 29/05/14 APP/M0933/A/14/2221517
10/7/14
DISMISSED
3 October 2014
SL/2014/0390
Change of use from agricultural
barn to dwelling
Refused 18/06/14 APP/M0933/A/14/2221968
14/7/14
DISMISSED
15 October 2014
CU/2014/0003
Erection of single wind turbine
79.6m high to blade tip, two
associated metering units, access
track
Refused 02/06/14 APP/M0933/A/14/2221985
22/7/14
SL/2014/0302
Awaited
(SEC of STATE
Recovered) 3 Nov
Site
Description
SLDC Decision
STAINTON:
Dormer bungalow with garage
Refused 23/05/14 APP/M0933/A/14/2224725
Skettle Lea
Planning Inspectorate Ref
and start date
Planning
Inspectorate
South Lakeland Planning Ref Decision
10/9/14
DISMISSED
11 December 2014
SL/2014/0085
BURTON in KENDAL:
Conservatory on side of house
Refused 16/07/14 APP/M0933/D/14/2224749
Brantwood, Neddy Hill
17/9/14 (Householder)
DISMISSED
16 October 2014
SL/2014/0463
OLD HUTTON:
Change of use of agricultural land
Cocklea
ENFORCEMENT
NOTICE
APP/M0933/C/14/2226309;
2226310; 2226311; 2226341
3/10/14 (Enforcement)
SL/2014/0979
KENDAL:
9 Allhallows Lane
(Pizza Italia)
OLD HUTTON:
Cocklea
Failure to comply with Condition 2
re: opening hours
ENFORCEMENT
NOTICE
APP/M0933/C/14/2225492;
6/10/14 (Enforcement)
SL/2014/0999
Change of use of agricultural land
Nondetermination
APP/M0933/A/14/2226312
(OPA)
SL/2014/0252
20/10/14
Awaited
PUBLIC INQUIRY
arranged for :
9 June 2015
DISMISSED and
ENFORCEMENT
NOTICE UPHELD
19 January 2015
Awaited
Site
Description
SLDC Decision
STAINTON:
Change of use of building from B1
(Office) to C3 (Residential)
Refused 22/09/14 APP/M0933/A/14/2228341
The Old Stables
Stainton Court
HEVERSHAM:
Deepthwaite Barn
Woodhouse
Milnthorpe
GRANGE over
SANDS:
Redevelopment of workshop and
store site for provision of a single
dwelling and garage
Beetham Hall
Beetham
Planning
Inspectorate
South Lakeland Planning Ref Decision
DISMISSED
17/11/14
10 February 2015
CU/2014/0019
(Costs also
dismissed)
Refused 31/10/14 APP/M0933/A/14/2229195
Awaited
1/12/14
SL/2014/0790
Erection of bungalow (revised
scheme SL/2012/0210)
Refused 30/10/14 APP/M0933/W/14/3001390
Awaited
14/1/15
Garden of 49 Priory
Lane
MILNTHORPE:
Planning Inspectorate Ref
and start date
SL/2014/0379
Change of use, extension and
alteration to create a crematorium,
(associated landscaping, car
parking, demolitions, new workshop
/ garage and associated changes of
land use)
Refused 4/11/14
APP/M0933/W/15/3003034
(Committee)
5/3/15
PO Recommend:
Grant
Conditionally
SL/2014/0701
Awaited
KIRKBY LONSDALE:
James Thompson
Auctioneers
New Road
Change of use to brewery and
visitor centre with associated café
and bar
Refused 30/10/14 APP/M0933/W/15/3004427
(Committee)
9/3/15
PO Recommend:
Grant
Conditionally
SL/2014/0254
Awaited
APPENDIX 2
Planning applications Called-in by Secretary of State, for determination
Site
Description
SLDC Decision
Planning Inspectorate Ref
and start date
NEW HUTTON:
Siting of 3 wind turbines (with a
maximum blade tip height of 132
metres), control building,
anemometer mast and access
tracks
Secretary of
State Call-in
APP/M0933/A/14/2216125
Land to north of
Killington Reservoir
Planning
Inspectorate
South Lakeland Planning Ref Decision
19/3/14
(SEC of STATE CALL-IN)
SL/2012/0845
WITHDRAWN