Local Development Framework Consultation

SOUTH LAKELAND LAND ALLOCATIONS DEVELOPMENT PLAN DOCUMENT

MATTERS AND ISSUES FOR THE EXAMINATION

MATTER 1.6
REPRESENTATIONS ON BEHALF OF MRS E. MACALLUM

LPA SITE REF: R124
Our Ref: CNG/204/CSL
LPA Ref: 6880

15TH OCTOBER 2012


Christopher Garner BA (Hons) BTP MRTPI
Garner Planning Associates Ltd. Registered No. 7416102 at Companies House, Cardiff
20 Beacon Buildings, Yard 23 Stramongate Kendal, Cumbria LA9 4BH Tel: 01539 734365
chris@garnerplanning.co.uk www.garnerplanning.co.uk

MATTER 1.6

1. INTRODUCTION
1.1 This representation is submitted in relation to South Lakeland District Council’s document prepared in response to a specific request by The Inspector.

1.2 The case has been made separately regarding the need to identify additional sites to meet the Core Strategy housing requirement.

1.3 Site R124 scores highly in sustainability terms and was identified as suitable for residential development in both the SHLAA and the South Lakeland Housing and Employment Land Search Study.

1.4 The authority accept the site scores well in terms of sustainability have not allocated the site according to Appendix 1 because of flood risk issues, highway capacity issues and a lack of community support.

2. FLOOD RISK
2.1 The site is in Flood Risk Zone 1 and a small part in Zone 3a. However it is clear from the authority’s Matter 1.6 statement that residential sites have been identified in flood risk Zone 2 and 3a. These sites must be considered lower priority in any sequential test.

2.2 Appendix 1 refers to an impact on the Stock Beck Alleviation Scheme, however from the Fact File it is evident that:-

“The Environment Agency advises a site specific Flood Risk Assessment should determine flood constraints and state that this is a problematic site to develop without increasing flood risk elsewhere.”

Clearly a specific Flood Risk Assessment with appropriate on-site attenuation could overcome this flood risk concern. Indeed in the context of an allocated site nearby the Environment Agency make almost exactly the same comment.

2.3 For site R121M-mod, ON50 and RN302# the Fact File states:-

“A site specific flood risk assessment is required that should thoroughly investigate and determine all flood constraints and opportunities to mitigate the impact of any development.”

2.4 There is no reason to treat R124 any differently from R121M-mod etc. R124 should also be allocated and be allocated before sites which clearly lie within Zone 2 and 3A.


3. HIGHWAY CAPACITY
3.1 There is no evidence to suggest that there is any highway capacity issue associated with the site.

3.2 The Fact File states:-

“Cumbria County Council Highways state cumulative impact may mean intervention is required and a Transport Assessment and Travel Plan would be required. Mitigation measures are likely to be required on Milnthorpe Road and all dwellings should be well connected to public transport.”

3.3 Residential development on the north east side of Kendal cannot surely impact on Milnthorpe Road on the south side of the town. The planning authority appears to be relying on incorrect information in rejecting the site because of highway concerns.

4. COMMUNITY SUPPORT
4.1 If reliance on community support is a determinant of whether or not a site should be allocated for residential development then there would probably be no residential allocations. There appears to be significant objection to all allocations around Kendal. There is no reason why objections to the suggested allocation of R124 hold more weight than objections regarding other sites.

5. CONCLUDING COMMENTS
5.1 At 1.6.46 South Lakeland District Council state:-

“The above represents a thorough, evidence based, systematic and consistent approach in site selection...”

5.2 The authority has not taken a consistent approach in relation to R124. The reasons for the site not being allocated are not consistent with the approach taken to other sites.