Land adjacent to River Kent at New Road Common (Reach F3)
Kendal
Cumbria
Proposal
Full Application for design changes to approved Phase 1 Kendal Linear Defences Scheme Ref: SL/2018/0925 comprising amendments to the approved linear defences, flood gates, surface water drainage, reprofiling and reinstating the slipway to the River Kent and landscaping at Reach F3/New Road Common.
The construction phase of the development hereby approved shall be carried out in accordance with the provisions of the submitted Geo-Environmental Assessment (ref. ENV0000489C-CAA-00-4A0-RP-GT-0001 Revision P03, dated June 2020), previously approved in compliance with condition 25 of the 2019 Permission by application SL/2020/0560.
Reason: In the interests of safeguarding the amenity of the area in accordance with Policy DM7 (Addressing Pollution, Contamination Impact, and Water Quality) of the Development Management Policies Development Plan Document.
The development hereby permitted shall begin not later than three years from the date of this decision.
Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
The development hereby permitted shall be carried out in accordance with the following approved plans:
• Red Line Boundary, ENV0000489C-JAC-ZZ-4AF-DR-PL-1433-P03
• General Arrangement, ENV0000489C-JAC-ZZ-4AF-DR-PL-0105-P06
• Asset Plan Sheet 1 of 5, ENV0000489C-JAC-ZZ-4AF-DR-PL-0201-P07
• Asset Plan Sheet 2 of 5, ENV0000489C-JAC-ZZ-4AF-DR-PL-0202-P06
• Asset Plan Sheet 3 of 5, ENV0000489C-JAC-ZZ-4AF-DR-PL-0203-P04
• Asset Plan Sheet 4 of 5, ENV0000489C-JAC-ZZ-4AF-DR-PL-0204-P04
• Asset Plan Sheet 5 of 5, ENV0000489C-JAC-ZZ-4AF-DR-PL-0205-P05
• Sections Sheet 1 of 6, ENV0000489C-JAC-ZZ-4AF-DR-PL-0301-P06
• Sections Sheet 2 of 6, ENV0000489C-JAC-ZZ-4AF-DR-PL-0302-P06
• Sections Sheet 3 of 6, ENV0000489C-JAC-ZZ-4AF-DR-PL-0303-P03
• Sections Sheet 4 of 6, ENV0000489C-JAC-ZZ-4AF-DR-PL-0304-P04
• Sections Sheet 5 of 6, ENV0000489C-JAC-ZZ-4AF-DR-PL-0305-P04
• Sections Sheet 6 of 6, ENV0000489C-JAC-ZZ-4AF-DR-PL-0306-P03
• Linear Defence Reach F (F3) Elevations Sheet 1 of 2, ENV0000489C-JAC-ZZ-4AF-DR-PL-0307-P06
• Linear Defence Reach F (F3) Elevations Sheet 2 of 2, ENV0000489C-JAC-ZZ-4AF-DR-PL-0308-P05
• Flood Gate F3.7 Detail, ENV0000489C-JAC-ZZ-4AF-DR-PL-0309-P02
• Flood Gate F3.18 Detail, ENV0000489C-JAC-ZZ-4AF-DR-PL-0310-P02
• Flood Gate F3.26 Detail, ENV0000489C-JAC-ZZ-4AF-DR-PL-0311-P02
• Standard Details Sheet 1, ENV0000489C-JAC-ZZ-4AF-DR-PL-0802-P05
• Standard Details Sheet 2, ENV0000489C-JAC-ZZ-4AF-DR-C-0802-C02
• Reach F3 Visualisation, ENV0000489-JAC-ZZ-4AF-VS-PL-1416-P02
• Reach F3 Visualisation - Gooseholme Bridge, ENV0000489C-JAC-ZZ-4AF-VS-PL-1420 P02
• Reach F3 Visualisation - Holy Trinity and St.George, ENV0000489C-JAC-ZZ-4AF-VS-PL-1421 P01
• Landscape General Arrangement, ENV0000489C-JAC-ZZ-4AF-DR-PL-1418-P06
• Planting Plan, Landscape Details and Maintenance and Management, ENV0000489C-JAC-ZZ-4AF-DR-PL-1419-P04
• Kendal FRMS1 Reach F (F3) Hard Landscape Details, ENV0000489C-JAC-ZZ-4AF-DR-L-1432 C04
• ENV0000489C-JAC-ZZ-4AF-DR-UT-0201 C03 – Reach F3 Surface Water Drainage Layout
• ENV0000489C-JAC-ZZ-4AF-DR-UT-0202 C03 – Reach F3 Surface Water Drainage Longitudinal Sections, Catchpit and Pipe Schedule
Reason: For the avoidance of doubt and in the interests of proper planning.
Except where the approved drawings explicitly state otherwise, all areas of stone facing to the approved flood defence walls shall be constructed using natural stone matching the construction details approved in compliance with condition 5 of the 2019 Permission by subsequent application SL/2020/0838. For the avoidance of doubt: (1) all mortar joints must be flush, or only marginally recessed, from the surface of the stone; and (2) expansion joints must be kept to the minimum necessary and should avoid introducing a vertical “fault line” in the horizontal coursing of the stone.
Reason: To ensure the development achieves a high quality design in accordance with Policy CS8.10 of the South Lakeland Core Strategy, and Policies DM1, DM2 and DM3 of the South Lakeland Development Management Policies Development Plan Document.
Before the commissioning of the approved scheme within Reach F3, artwork and/or interpretation panels shall be applied to the approved flood gates in accordance with a specification that shall first have been submitted to, and approved in writing by, the local planning authority. The specification shall include details of future maintenance and, thereafter, the artwork and/or interpretation panels shall be maintained in accordance with the approved details.
Reason: To ensure the development achieves a high quality design in accordance with Policy CS8.10 of the South Lakeland Core Strategy, and Policies DM1, DM2 and DM3 of the South Lakeland Development Management Policies Development Plan Document.
Use of all deterrent paving shall accord with the specification detailed on ENV0000489C-JAC-ZZ-4AF-DR-L-1432 C04 (Reach F3 Landscape Hardworks Plan).
Reason: To ensure the development achieves a high quality design in accordance with Policy CS8.10 of the South Lakeland Core Strategy, and Policies DM1, DM2 and DM3 of the South Lakeland Development Management Policies Development Plan Document.
The pitching proposed for the slipway shall be completed in accordance with “Detail J” on drawing ENV0000489C-JAC-ZZ-4AF-DR-C-0802-C02 (Standard Details Sheet 2) and using a natural stone that shall first have been approved in writing by the local planning authority.
Reason: To ensure the development achieves a high quality design in accordance with Policy CS8.10 of the South Lakeland Core Strategy, and Policies DM1, DM2 and DM3 of the South Lakeland Development Management Policies Development Plan Document.
The approved landscaping proposals shall be implemented in the next appropriate planting season following the completion of work in Reach F3 hereby approved. Thereafter, the landscaping shall be maintained in accordance with the details contained in approved drawing ENV0000489C-JAC-ZZ-4AF-DR-PL-1419-P04 (Landscape Details and Maintenance and Management).
Reason: To safeguard and enhance the character of the area in accordance with Policy DM4 (Green and Blue Infrastructure, Open Space, Trees and Landscaping) of the Development Management Policies Development Plan Document.
The development hereby approved shall be undertaken in accordance with the provisions of the following documents, approved in compliance with condition 20 of the 2019 Permission by subsequent application SL/2020/0560:
• Transport Assessment/Construction Traffic Management Plan (TA/CTMP), Version 9, dated 08 October 2021
• Condition 20: Traffic Management Plan Reach F (1 of 2), ENV0000489C-CAA-00-4A0-DR-TR-0006 P02
• Condition 20: Traffic Management Plan Reach F (2 of 2), ENV0000489C-CAA-00-4A0-DR-TR-0007 P02
Reason: In the interests of ensuring highway safety and efficiency, and to ensure that the highway network has sufficient capacity to safely accommodate the increased levels of construction traffic. To keep the impact of construction traffic on the amenity of local residents and other road users to acceptable levels.
No sheet piling shall take place until a pre-condition survey of Miller Bridge has been undertaken to the standard of a Level 1 Historic Building Recording Survey, as set out in the Historic England guidance “Understanding historic buildings. A guide to good recording practice” (2016). Thereafter, sheet piling shall be undertaken in accordance with the mitigation and monitoring recommended in the report entitled “Kendal Flood Risk Management Scheme - Reach F3 - Vibration impacts on Miller Bridge Scheduled Monument” (G L Hearn reference GH006218 M02), dated 22 June 2023 and submitted in support of planning application reference 2024/0216/FPA. Following completion of all sheet piling, a post-condition survey of Miller Bridge shall be undertaken to the same standard as the pre-construction survey. Copies of the pre- condition and post- condition surveys shall be submitted to the local planning authority within three months of the completion of all sheet piling.
Reason: To safeguard the scheduled monument of Miller Bridge in accordance with policy CS8.6 (Historic environment) of the South Lakeland Core Strategy and Policy DM3 (Historic environment) of the Development Management Policies Development Plan Document.
The construction phase of the development hereby approved shall be undertaken in accordance with the Reach F3 Method of Work, Revision 14, dated 14 August 2024.
Reason: In the interest of public health and to ensure protection of essential water and wastewater infrastructure laid within the site.
The construction phase of the development hereby approved shall be carried out in accordance with the provisions of the Dust Monitoring Specification, BIM Ref: ENV0000489C-CAA-00-4A0-SP-AQ-0001, previously approved in compliance with condition 23 of the 2019 Permission by subsequent application SL/2020/0560.
Reason: In the interests of safeguarding the amenity of the area in accordance with Policy DM7 (Addressing Pollution, Contamination Impact, and Water Quality) of the Development Management Policies Development Plan Document.
No building work or associated deliveries shall occur at any time on Bank Holidays or on other days outside the hours of 0800 – 1800 Monday to Saturday without the prior written agreement of the local planning authority.
Reason: In the interests of safeguarding the amenity of the area in accordance with Policy DM7 (Addressing Pollution, Contamination Impact, and Water Quality) of the Development Management Policies Development Plan Document.
The construction phase of the development hereby approved shall be carried out in accordance with the provisions of the submitted Geo-Environmental Assessment (ref. ENV0000489C-CAA-00-4A0-RP-GT-0001 Revision P03, dated June 2020), previously approved in compliance with condition 25 of the 2019 Permission by application SL/2020/0560.
Reason: In the interests of safeguarding the amenity of the area in accordance with Policy DM7 (Addressing Pollution, Contamination Impact, and Water Quality) of the Development Management Policies Development Plan Document.
The development hereby approved shall be carried out in accordance with: (1) the overarching Construction Environmental Management Plan: Biodiversity (ref. ENV0000489C-JAC-ZZ-4A0-RP-BD-0003 | C07) previously approved in compliance with condition 26 of the 2019 Permission by application SL/2020/0560; (2) the Biodiversity Risk Assessment and Protection Plan for Reach F3, reference B228P023 (Jacobs) / ENV0000489C(EA), previously approved in compliance with condition 26 of the 2019 Permission by application SL/2023/0324; and (3) the Reach F3 Method of Work (dated 20 September 2023) submitted with application reference 2024/0216/FPA.
Reason: To safeguard biodiversity interest on the site.
The development hereby approved shall proceed in accordance with the biosecurity protocol contained within Appendix B to the Construction Environmental Management Plan: Biodiversity (ref. ENV0000489C-JAC-ZZ-4A0-RP-BD-0003 | C07) previously approved in compliance with condition 27 of the 2019 Permission by application SL/2020/0560.
Reason: To safeguard biodiversity interest on the site.
The construction phase of the development hereby approved shall be carried out in accordance with the provisions of the biodiversity monitoring strategy previously approved in compliance with the pre-commencement requirement of condition 28 of the 2019 Permission by subsequent application reference SL/2020/0560.
Reason: To safeguard biodiversity interest on the site.
A Biodiversity Scheme including a Biodiversity Net Gain Assessment (calculated using Biodiversity Metric 3.1, or such later version as may have been published for use by Natural England) shall be submitted for approval in writing by the Local Planning Authority within three months of the completion of the development approved under reference SL/2022/0668. The Scheme shall demonstrate the applicant’s commitment to achieve a 10% net gain for biodiversity (habitat units only) by either: (1) offsetting any loss as part of an overall 10% demonstrable biodiversity net gain for Phase 1 of the Kendal Flood Risk Management Scheme as a whole (including Reaches F3); or (2) if (1) is unachievable, provide sufficient off-site compensation to deliver a 10% biodiversity net gain for Reaches F3 in isolation. Thereafter, the environmental net gain for biodiversity must be delivered and maintained in accordance with the approved Biodiversity Scheme.
Reason: To secure an appropriate biodiversity net gain in accordance with Policy DM4 (Green and Blue Infrastructure, Open Space, Trees and Landscaping) of the Development Management Policies Development Plan Document.
In the exercise of its judgement in determining the appropriate balance of considerations, the Local Planning Authority has acted positively and proactively in determining this application proposal, taking into account all material considerations. Material considerations include planning policies and any representations that may have been received preceding the determination to grant planning permission in accordance with the presumption in favour of sustainable development as set out in the National Planning Policy Framework. The Local Planning Authority is satisfied that its processes and practices are compatible with the Human Rights Act and the decisions of the European Court of Human Rights.
Plans, drawings and material submitted to the council are protected by the copyright acts (section 47, 1988 act). You may only use material which is downloaded and/or printed for consultation purposes, to compare current applications with previous schemes and to check whether developments have been completed in accordance with approved plans. Further copies must not be made without the prior permission of the copyright owner.
Tick here to show you have read and agree with the Copyright Notice.
Document Download Tips
In order to view the documents please ensure you have ticked the Copyright Notice box above.
In order to view PDF documents, you will need to have the free Adobe Acrobat Reader software installed on your computer. Click here to download.
To view individual documents click on the 'Document Type' on the row you require and the document will open as an Adobe Acrobat pdf.
To download multiple documents in one go, tick all the boxes relating to the documents you wish to view and click Download selected files button.
If you wish to download ALL documents place a tick in the box in the header row and click 'Download Selected Files' button.
Note: some devices such as iPads that use iOS browsers do not have the standard capability to download multiple files as a default function. If you are experiencing difficulties you may need to download a free application to enable you to do this - known as a zip file. Go to the AppStore to download a zip file ‘app’.
How to reorder or group rows
Click on a column heading for the ability to sort the ‘group’ listing in ascending or descending order by using the up/down arrows. This is useful to sort by ‘name/organisation’.
