Kendal's former courthouse will be demolished and replaced with 64 retirement flats.

The chairman of South Lakeland District Council's planning committee used the casting vote to break the deadlock over the future of the building and approve its demolition.

Councillors had been split evenly with six votes for and six votes against plans to clear the Burneside Road site and build new accommodation.

Simon Kater, the agent for applicant Churchill Retirement Living, told the committee that 'a lot of time and effort has been put in to make this scheme financially possible'.

“Although no affordable housing contribution could be secured, this position hasn’t been reached lightly," he said.

"However, there is local and national need for older people's housing.

"It is well known in this country that older housing need is critical.

“It is the only form of housing that uses the word ‘critical’ in its description.

"If older people move into homes like this then it frees up substantial amounts of regular housing stock.

“The site is in keeping with the area and I hope you grant us planning permission."

Councillor Michael Cornah, who represents Cartmel, said he had 'concerns'.

"It seems such a waste of public money that such a modern public building should be demolished so early in its life," he said.

“Also, there were two viability assessments into affordable housing so why was a second assessment needed; was the first not in your favour?

"However, there are no viable reasons that it should not be given planning permission because we have no other alternative but to grant this.”

Councillor Philip Dixon, who represents Kendal town, said it would be a 'scandal' to see the building go and pledged to vote against it.

Ulverston East councillor David Webster, questioned what the accommodation would be like.

He said: “Would these be fully-serviced accommodation or just something small with room enough for just a microwave.

"Also, where is the disposal of waste going to be sited for 64 flats?

“I am concerned that things will get to the stage that no affordable housing will be built and that developers will be coming back at us saying 'we can’t afford it'.

If the developer put in for 45 per cent affordable housing at the beginning, then we should be able to hold them to that.”

Councillors heard that office space and sheltered housing accommodation had also been looked at for the site but not accepted.

Chairman Pete McSweeney, who represents Arnside and Milnthorpe, used his casting vote to approve the application.