Public open space at High Sparrowmire, on the Hallgarth side of Kendal, has been earmarked for a possible agreement with Persimmon Homes while the developer’s plan for 143 homes remains undecided.
Westmorland and Furness Council gave statutory notice on 24 September that it intended to grant Persimmon Homes Ltd and Messrs Ellis an option over part of the land. The deadline for written objections was noon on Thursday 8 October and has now passed.
The council has not said how large the area is, exactly which part of the open space is involved, what Persimmon would use it for, how much the council might receive or when the option could be exercised. A plan can be inspected at South Lakeland House on Lowther Street or requested from the council’s legal services team.
What the council notice means
The notice is required under section 123(2A) of the Local Government Act 1972. Before disposing of public open space, a council must advertise its intention in a local newspaper for two consecutive weeks and consider any objections received.
The notice appeared in the Westmorland Gazette and on the Public Notice Portal. However, no published decision record for the option agreement had been found on the council’s committee system by 10 October. High Sparrowmire was also absent from the council’s surplus-assets list presented to Full Council on 24 September, which named four Kendal sites.
“intends to dispose of Land at High Sparrowmire, Kendal, by way of an Option Agreement to Persimmon Homes Ltd and Messrs Ellis”
The notice describes the land as “an area of public open space” and is signed by Linda Jones, the council’s Director of Law and Governance. It is dated 24 September 2026.
The neighbouring 143-home proposal
Persimmon Homes Charles Church submitted its planning application in January 2025 for 143 homes on about 9.95 hectares of arable fields west of High Sparrowmire. The site is bounded by Lane Foot Farm to the north, existing homes on High Sparrowmire to the east, Fir Tree Rise and High Garth to the south, and Windermere Road, the A5284, to the west.
The application proposes 93 open-market homes and 50 affordable homes, representing 35% of the total. The affordable allocation includes 25 homes for affordable rent, 12 shared-ownership properties and 13 First Homes. Two-thirds of the market homes would have four bedrooms, while the affordable homes would mostly have one or two bedrooms.
Plans show one vehicle entrance from Windermere Road, new footpath links into the Hallgarth estate and the retention of existing public footpath 574009, although the route would be realigned. They also include 0.89 hectares of natural and semi-natural open space, compared with a policy requirement of 0.20 hectares.
A second vehicle access from High Sparrowmire appeared in a 2016 development brief, but Persimmon removed it from the submitted plans. The developer said this was intended to address concerns about additional traffic in the Hallgarth estate. The council’s open-space notice does not explain whether the land is connected to any particular element of the housing scheme.
Local concerns and the planning timetable
Kendal Town Council’s planning committee raised no material objection when first consulted in February 2025, subject to conditions. When consulted again on amended plans in April 2026, it repeated its earlier points and added requests for a play park, a contribution to St Thomas’ School through the Community Infrastructure Levy, and more information about direct pedestrian and cycle access into Hallgarth.
The town council has asked for clearer information about safety at the new Windermere Road junction, emergency access, visitor parking and turning heads. It also wants protection for Hallgarth residents from construction noise, dust and fumes. The council noted that the site is in Burneside parish, rather than Kendal, but argued that Kendal would provide significant services and should receive some levy funding.
Persimmon’s pre-application consultation recorded 67 respondents who generally supported the proposals and 201 who did not. The Lane Foot Residents’ Association also lodged objections in April 2026.
Flooding and drainage have been considered during the application. After concerns from the Lead Local Flood Authority in March 2025, the applicant’s drainage consultant said in December 2025 that water from the whole site would drain to the watercourse on its northern edge, towards Burneside, at the same rate as the fields currently discharge. The response said no flow would discharge towards High Sparrowmire.
The council’s target decision date of 18 September 2026 has passed. Further highways and drainage documents were filed on 8 September, and the formal consultation closed on 2 October.
People who objected to the proposed open-space disposal should ask the council’s legal services team for the outcome. The council must consider objections before deciding whether to proceed, but the legislation does not set a deadline for that decision. Comments on the planning application can still be submitted late, although the formal consultation has closed; late comments are usually read if received before the decision.
The decision-making process is also due to change. From 31 October, a single 13-member planning committee will replace the South Lakeland committee. Applications will reach it only if the council’s chief planner and committee chair agree that they raise a significant issue.
Submitted plans do not provide vehicle access from High Sparrowmire. Any future change to that arrangement would require an amended application and a further consultation.