160-home residential development at Land East of Hayclose Road, Kendal

The site and its surroundings

The sloping site is mainly grazing land and part golf driving range, within Kendal’s development boundary and beside the railway and existing housing.

“SITE DESCRIPTION 4.1 The application site is located in the south-east of Kendal, which is one of two Principal Service Centres in the former South Lakeland district. It lies approximately 2km from Kendal town centre and is adjacent to Oxenholme train station. It is characterised by its sloping nature and aspect with levels falling from a high point in the east (91m AOD) to lower areas along western margins (around 67m AOD). There are no buildings on the site.”

“The West Coast Main Line railway line is located to the east and forms the eastern boundary of the site. The site is within the defined development boundary for Kendal. The area to the south, on the other side of Oxenholme Road, is not within the development boundary and is a defined Green Gap (Land between Kendal and Oxenholme). The majority of the site is used as grazing land. A small part of the site is a golf driving range as highlighted above.”

Officer report

What officers recommended

Officers recommended approval because the proposal was acceptable in principle, complied with planning policy and could provide mitigation through obligations and conditions.

“SUMMARY 1.1 Outline planning permission (with all matters reserved) is sought for a residential development of up to 160 dwellings and associated infrastructure on Land East of Hayclose Road, Kendal Parks, Kendal, LA9. It is considered that the proposed development is acceptable in principle in that it largely relates to residential development on an allocated housing site and the proposed accesses into the site are acceptable in principle.”

“The application is reported to Planning Committee, in accordance with the Council’s Constitution, as the officer recommendation is contrary to the Town Council’s recommendation and the proposal is for residential development comprising more than 100 dwellings.”

Officer report

What local people said

Neighbouring residents objected to traffic, access, flooding, infrastructure, privacy, biodiversity, landscape, housing scale and the loss of the golf facility.

“A total of 88 representations were received from neighbouring occupiers. 78 of these raised objections and 10 made comments. In summary, the main concerns/comments made are as follows: - Traffic congestion in the area and increased car parking, leading to highway safety concerns, including due to the play park present adjacent to the site - Concerns about traffic accessing the site through the roads to the north - Concerns that construction traffic would enter the site from…”

“- Strain on existing healthcare services due to the number of dwellings proposed - Impact on the character and appearance of the area, including loss of green field areas - Capacity of the sewer network and concerns over drainage/future flooding issues - The size/price of the new houses and the lack of affordable homes in the area - The Local Plan and the housing allocation made in 2015 is now out of date - Concerns about damage to existing walls, buildings and cars on land…”

Officer report

Who spoke at the meeting

Four objectors, a Town Council representative and the applicant’s agent addressed members about site constraints, access, infrastructure, housing benefits and planning policy.

What members discussed

Members questioned reserved matters, access, affordable housing, drainage, utility mains, traffic, parking and waste, while officers and legal advisers explained the planning process.

“The Principal Planning Officer responded to many of the point raised as follows: • Access road – this is a reserved matter and is not covered by the application before members today • Road safety – conditions would be applied should this be granted and a detailed Transport Plan/assessment would be required as part of the reserved matters process • United Utilities had requested conditions be applied and this would also be covered under reserved matters.”

“Each property could have up to 5 recycling bins each which would mean space would need to be found for up to 800 bins. The Senior Lawyer advised members that if the issue of access could not be resolved then reserved matters would not be granted. Members discussed the possibility of refusing outline permission based on the lack of information.”

Minutes

What was decided

Permission was granted subject to a section 106 agreement securing 35% affordable housing and contributions for transport, crossings and cycle improvements, together with conditions.

“Drainage – a drainage plan had already been developed and an outline drainage strategy had been submitted • Developer interest – there had been substantial developer interest shown but until outline permission was granted not progressed Cllr Carrick was concerned that the application was not viable. However, she understood that members had to take a decision based on planning regulations/laws. She therefore moved the amended recommendation.”

“RESOLVED that subject to the completion of a Section 106 agreement for the provision of 35% affordable housing on-site, a financial contribution towards transport improvements and pedestrian crossing facilities at Burton Road A65/Oxenholme Road/Heron Hill and a financial contribution towards LCWIP cycle improvement between Oxenholme Station and Kendal town centre as set out in Paragraph 10.1 above, planning permission be granted subject to the following conditions: The…”

Minutes

Key added conditions

The committee added requirements for a reserved-matters transport assessment, a biodiversity gain plan and biodiversity enhancement features.

“Any Reserved Matters application that is submitted for Access shall be accompanied by a detailed Transport Assessment. The Transport Assessment shall:”

“No development shall commence until a scheme for achieving biodiversity gain throughout the site (to include a Biodiversity Gain Plan) has been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details and the requirements of Conditions 46 and 47 of this permission.”

Minutes