The South Lakeland Local Area Planning Committee met to discuss several planning applications, including a retrospective application for an indoor swimming pool, the erection of a car port and store, and the addition of a public right of way. Councillors approved applications for a carport and store at Old Shippon, the change of use of agricultural land to form grasscrete parking spaces at Sillfield Farm, the continued installation of a temporary homeless pod at the Stephenson Centre, and the replacement of a fire shutter at Kendal Town Hall. Councillors refused an application for the siting of metal self-storage containers at Ulverston Auction Mart.

Wildlife and Countryside Act 1981 - Section 53A Application

The committee considered an application to add a section of public footpath at the site of the Old Rose and Crown Pub in Cark in the parish of Lower Holker. The application was made after the claimed path was fenced off in 2023.

The report presented to the committee included an analysis of user evidence, historical plans, and an objection from the landowner. The Open Spaces Society, Councillor Jenny Boak and Holker Parish Council supported the claim.

The landowner's representative objected to the claim, arguing that previous landowners had erected signs stating parking for customers only, which implied that use of the car park by non-customers was not permitted. They also claimed that cars would have parked on the route of the claimed path, interrupting its use.

The report concluded that the evidence, when considered as a whole, was compelling and that a reasonable person could allege that a right of way exists. It also stated that the evidence satisfies the higher test that a right of way exists on the balance of probabilities.

The committee approved a recommendation that:

• The Chief Legal Officer is authorised to make an order under section 53(3)(c)(i) of the Wildlife and Countryside Act 1981, the effect of which, if confirmed, would be to add a section of public footpath as shown on the map annexed at Appendix A to the Council's Definitive Map and Statement of Public Rights of Way
• If there are objections to the made order, Members authorise the submission of the order to the Secretary of State for the Environment, Food and Rural Affairs for consideration as to whether or not the order should be confirmed.
• If there are no objections to the made order delegated authority be given to the Chief Legal Officer to confirm the order.

Planning Application No. 2025/1060/FPA - Stephenson Centre, Ann Street, Kendal

Councillors approved the continued installation of a temporary homeless pod at the Stephenson Centre, Ann Street, Kendal. The application sought planning permission for the continued installation of a temporary homeless pod in the forecourt/parking area of Manna House, a homeless shelter in Kendal.

The homeless pod was granted a temporary 1-year permission in November 2022 and, subsequently, planning permission was granted for 18 months at the February 2024 South Lakeland Area Planning Committee. The previous temporary permissions were granted to allow a review period to understand the antisocial behaviour impacts of the pod installation.

The report stated that the proposed development is identical to the previously approved application, and there has not been a material change in circumstances to warrant an alternative determination. The flood risk affecting the site hasn't changed, and there haven't been reports of any criminal behaviour directly resulting from the installation of the pod.

The Design Out Crime Officer at Cumbria Constabulary said:

The management procedures for the Pod continue to be effective and, presently, the Pod does not generate disproportionate calls for service. Consequently, the Constabulary has no objections to the temporary provision of the Pod for a further period.

Councillors resolved to grant planning permission, with conditions including that the development be occupied in accordance with the operator scheme, the operational details, and the fire and flood emergency evacuation plan submitted with the application.

Planning Application No. 2024/2005/FPA - Unit 3 Parkside Business Park, Parkside Road, Kendal

The committee considered a retrospective application for the change of use of an industrial unit to an indoor swimming pool for private lessons, including the installation of an air source heat pump at Unit 3 Parkside Business Park, Parkside Road, Kendal.

The report noted that the proposed development does not accord with the acceptable uses within the Employment Land Allocations, and Kendal Town Council raised an objection regarding insufficient information.

The pool itself is a 12 metres x 2.4 metres shipping container reduced in height to have a depth of 1.2 metres, reinforced and converted into a pool and uses a saltwater chlorinator system and therefore there is no use of chlorine chemicals. The unit also includes changing rooms, showers and associated pump and maintenance rooms.

The business operates 7 days a week from 8am until 9.30pm. The pool is run by Lee Read Swim School UK and employs 4 part-time staff and 1 full time staff.

31 letters of support were received, with supporters noting that the pool is a valuable asset to the community, particularly for local children, and that there is a shortage of suitable swimming lesson facilities in the area.

Four letters of objection were received, with objectors raising concerns about the retrospective nature of the application, the location of the site in an out-of-town location within an existing designated employment site, the risk to the long-term viability and safety of business units within Parkside Business Park, highway impact and lack of parking, and health and safety concerns.

The Local Highway Authority initially objected to the application, but withdrew their objection after the applicant provided additional information.

Councillors resolved to grant planning permission, subject to conditions.

Planning Application No. 2025/1109/FPA - Ulverston Auction Mart, North Lonsdale Terrace, Ulverston

The committee considered an application for the siting of 20 metal self-storage containers at Ulverston Auction Mart, North Lonsdale Terrace, Ulverston.

The report stated that the proposed development fails to provide sufficient details of secure access, and the containers fronting the road would cause harm to the visual amenity of the area due to their scale and position.

One objection was received, citing the visual impact of the proposal, the additional parking requirements, the noise impact, and the lack of security.

Ulverston Town Council supported the application, but did not provide a reason for their support.

Councillors resolved to refuse planning permission, stating that the proposed development fails to include details of security fencing and secure gated access, which would be necessary to sufficiently design out crime and allow controls over the hours of use, and that the proposed development, due to the scale and siting of up to 8 containers immediately beside the road, would cause harm to the streetscene and the wider visual amenity of the area.

Planning Application No. 2025/1159/HOU - Old Shippon, Gatebeck, Kendal

The committee considered an application for the erection of a car port and store at Old Shippon, Gatebeck, Kendal.

The car port and store would include a pitched roof with an overall height of 3.47 m. The car port will have floor area dimensions of 5 m by 3.75 m, and the store 5 m by 2.45 m. The proposed materials are to be timber cladding on the store elevations and a slate pitched roof.

The report stated that the proposal complies with the relevant local and national planning policies, and that the development is considered to be justified within the open countryside and it would not have an unacceptable impact on the landscape character, residential amenity, highway safety and biodiversity.

Councillors resolved to grant planning permission, subject to conditions.

Planning Application No. 2025/1038/FPA - Plots 4, 6 (formerly 5b) and 9, Sillfield Farm, Gatebeck, Kendal

The committee considered an application for retrospective planning permission for the change of use of agricultural land to enable the provision of six grasscrete¹ parking spaces at Sillfield Farm, Gatebeck.

The report stated that this application is a resubmission of separate applications which were previously refused due to insufficient justification and landscape impact, but that since then, significant screening has been planted and the application includes new justification which is now considered sufficient to support the application.

Councillors resolved to grant planning permission, subject to conditions.

Planning Application No. 2025/1288/LBC - Kendal Town Hall, Highgate, Kendal

The committee considered an application for Listed Building Consent for the replacement of the fire shutter to a fire rated glazed door at Kendal Town Hall, Highgate, Kendal.

The report stated that the proposal is considered to be a sympathetic solution which will resolve the concerns relating to the unauthorised roller shutter and maintain fire safety in reception with minimal harm to the significance of the Grade II listed building.

Kendal Town Council raised no material objection to the application, and the Conservation Officer supported the application.

Councillors resolved to grant listed building consent, subject to conditions.