Pay Apply Report

Kendal flood scheme planning update

31 May 2019

A planning application is to be checked by our planning committee against recently adopted planning policies.

In March our planning committee resolved to approve a planning application submitted by the Environment Agency for the first phase of its Kendal Flood Risk Management Scheme.

The application relates to works along the rivers Kent and Mint through Kendal including new and raised flood walls, new and raised flood embankments, ground raising, pumping station and associated changes to the public realm and landscaping.

The decision was subject to confirmation that the Secretary of State for Communities and Local Government did not wish to call-in the application for his own determination, which would have resulted in a public inquiry. Five requests were made that he should look at the case.

We agreed not to issue the formal planning permission notice until the Secretary of State had fully considered the issues raised in the requests.

The Secretary of State confirmed on 7 May that he would not be calling-in the application.

However, between the date of the original committee resolution in March, and the receipt of the Secretary of State’s decision, we formally adopted our Development Management Policies Development Plan Document (DPD) after it was approved by a government inspector. Although the relevant policies in the DPD were considered by the committee in March, the formal adoption means they now carry more weight.

The primary purpose of the DPD is to provide a set of development management policies for South Lakeland, which will be used to help assess whether or not a planning application should be granted planning permission.

This includes policies on flood risk management, key infrastructure, open spaces, trees and landscaping.

A planning inspector approved the DPD as an ‘appropriate basis for the planning of the district’ and it was formally adopted by Full Council on 28 March.

To ensure that the planning committee members are content that this change to the status of the policies does not affect the original resolution, the application is being referred back to the planning committee meeting on 6 June 2019 so the decision can be checked against the newly adopted policies.

The report to the 6 June planning committee also repeats the point that Phase 1 of the Kendal Flood Risk Management Scheme is expected to deliver an appreciable net gain in biodiversity.

This is consistent with the commitment in the government’s recent Spring statement that it will use the forthcoming Environment Bill to mandate ‘biodiversity net gain’, meaning the delivery of much-needed infrastructure and housing is not at the expense of vital biodiversity.

A spokesperson for ourselves said: “The planning committee’s original resolution took full account of the relevant DPD policies and their wording has not changed subsequently. But formal adoption of the document has changed the status of those policies.

“It has been decided to refer the application back to committee so that members can consider their original resolution in the light of this change. This is purely procedural, but will mean that the community can be reassured that everything has been properly taken into account when making this important decision.

“If the decision is confirmed then the formal planning permission notice could then be issued. Referring this back to committee has had no impact on the timescales for the flood defence works.’’

The full report to the 6 June planning committee

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