One dwelling at Land at Brigsteer Road, Kendal

“SUMMARY 1.1 The application seeks permission in principle for a single dwelling on a site beyond the development boundary of Kendal. The tilted balance in the NPPF applies. None of the areas or assets of particular importance identified in the NPPF are harmed by this proposal and responses from consultees and others reveal nothing else that would immediately rule out the principle of development on this site.”

“Habitats development means development which: (a) is likely to have a significant effect on a qualifying European site or a European offshore marine site (referred to as habitats sites in the NPPF); (b) is not directly connected with or necessary to the management of the site, and; (c) has not been authorized in accordance with regulation 63 of the Conservation of Habitats and Species Regulations 2017.”

“Therefore, there is no reason to expect that development would be at risk of flooding or would increase the risk of flooding elsewhere. The lead local flood authority does not object in principle. Achieving a sustainable drainage system will need to be addressed through technical details consent. Access 8.31 Access to the site is also relevant to a discussion of location. The applicant’s supporting letter assumes this will come from Brigsteer Road.”

“Development will also need to account for a new access from Brigsteer Road and installation of all services, which will also need to be considered for their impact upon trees. Any development would need to be in accordance with Policy DM4, and any proposed tree removals would need to be mitigated. The site is heavily shaded by the existing trees and much of the site would be unsuitable for conventional garden use as a result of this shading from the retained existing trees.”

“No affordable housing. • Another large house where demand is for smaller units. • Loss of wildlife habitat in a green corridor. • Detrimental impact on trees. • Exacerbation of drainage issues in area of known flood risk. • Overloaded sewage system. • Dangerous access. RELEVANT PLANNING POLICY”

“During discussion on the application, members noted concern over the trees on the site as well of the wildlife in the area.”

“Concerns were also raised in regards to the beck near the site and Councillor Audland asked if the boundary could be pulled back.”

“A motion to approve the recommendation set out in the report was moved by Councillor Rathbone and seconded by Councillor Audland and…”

“RESOLVED, that that permission in principle is granted with an informative to the effect that, in addition to the standard requirements, any application for technical details consent should include an arboricultural impact assessment.”