Decision details

Development Panel- 2/2018/0447 Former Cottage Hospital, Cockermouth- Application for non compliance with condition 2 on planning approval 2/2017/0579. Changes to the apartment mix, changing 3 No. one bed apartments to 3 No. two bed apartment

Decision Maker: Development Panel

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decisions:

Application

 

The report recommended granting permission subject to conditions

 

The report outlined the application and detailed the main issues within the report as follows:

 

·  Principle

 

Acceptable use for the locality. This is a section 73 application to amend the approved 2/2017/0579 scheme. Where an application under section 73 is granted the effect is the issue of a new planning permission, sitting alongside the original permission, which remains intact and unamended. The amendments proposed are considered minor material amendments.

 

·  Design, materials and siting

 

The minor amendment to the footprint of the apartments and the alterations to the elevations are considered acceptable.

 

·  Access and parking

 

Acceptable visibility splays. 32 car parking spaces suitable layout and number for the accommodation use.

 

·  Drainage

 

Foul drainage to mains. Surface water to be secured by planning condition

 

·  Ecology

 

Acceptable mitigation for bats, subject to planning condition

 

·  Landscaping

 

Acceptable landscaping scheme.

 

Questions were then asked of the officers and debate followed, specifically in relation to the now accepted lack of reasonableness and enforceability of the condition relating to fire protection (secured though Building Regulations).

 

Councillor Tony Annison moved to approve the application as per officer’s recommendations; this was seconded by Councillor Billy Miskelly

 

A vote was taken, 7 voted in favour, 1 against and 0 abstentions.

 

The motion was carried

 

Resolved

 

Approve subject to conditions as per officers report

 

Conditions

 

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: In order to comply with Section 91 of the Town and Country Planning Act

1990.

 

2. The development hereby permitted shall be carried out solely in accordance with the following plans:

TPL 16-134-001.01 Transport Statement with Appendices 19.10.18

TPL 16-34-002.01Addendum to Transport Statement

Ground Investigation Report Phase 2 Part1 19.10.18

Extended Phase 1 Habitat Survey 19.10.18

Bat Presence - Absence Survey 19.10.18

Amendment Constructional Environmental Plan Rev 2 26.3.18

NE-2064-3.2-AC-06 Rev E - Proposed Context Elevations

NE-2064-3.2-AC-07 Rev E - Detailed Elevations sheet 1of 2

NE-2064-3.2-AC-08 Rev D - Detailed Elevations sheet 2 of 2

NE-2064-3.2-AC-01Rev A - Site Location and Context Plan 5.9.18

NE-2064-3.2-AC-02 Rev D - Proposed site plan 19.10.18

NE-2064-3.2-AC-10 - Proposed Floor Plans Rev C 5.9.18

NE-2064-3.2-AC-051 Rev D Detail Elevation

NE-2064-3.2-AC-052 Rev C Detail elevations

NE-2432-04-LA-01 General Arrangement plan 5.9.18

NE-2432-04-LA-03 Rev G Cockermouth Detailed Landscape Plan 5.9.18

NE-2064-03-DE-001 Rev B - Drainage Strategy 16.1.18

NE-2064-3.2-AC - 11-Boundary Treatment Plan 15.12.17

Biodiversity Plan - Cockermouth Cottage Hospital 16.1.18

Fig E3a Mitigation Compensation plan 17.4.18

Fig E3b Mitigation Compensation plan 17.4.18

NE-2064-3.2-AC-18 Carport and bat roost Rev A 17.4.18

Constructional Environmental Plan

Amended Constructional Environmental Plan 10.4.18

Reason: In order to ensure that the development is carried out in complete accordance with the approved plans and any material and non-material alterations to the scheme are properly considered.

 

3. The vehicular crossing over the footway, including the lowering of kerbs, shall be carried out to the specification of the Local Planning Authority in consultation with the Highway Authority.

Reason: To ensure a suitable standard of crossing for pedestrian safety.

 

4. Details of all measures to be taken by the applicant/ developer to prevent surface water discharging onto or off the highway shall be submitted to the Local Planning Authority for approval prior to development being commenced.

Any approved works shall be implemented prior to the development being completed and shall be maintained operational thereafter.

Reason: In the interests of highway safety and environmental management.

5. The approved surface water scheme shall be fully implemented prior to the occupation of any of the apartments hereby approved in accordance with drawing number ref: NE-2064-03-DE-001 Revision B 2/1/18 Drainage Layout.

Reason: To ensure a satisfactory means of surface water drainage and minimise the risk of flooding in compliance with the National Planning Policy Framework, Policies S29 and S2 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

6. Prior to the occupation of the development a sustainable drainage

management and maintenance plan for the lifetime of the development shall be submitted to and approved in writing by the Local Planning Authority. The sustainable drainage management and maintenance plan shall include as a minimum:

(a) Arrangements for adoption by an appropriate public body or statutory undertaker, or, management and maintenance by a resident's management company; and

(b) Arrangements for inspection and ongoing maintenance of all elements of the sustainable drainage system to secure the operation of the surface water drainage scheme throughout its lifetime. The development shall subsequently be completed, maintained and managed in accordance with the approved plan.

Reason: To ensure that management arrangements are in place for the sustainable drainage system in order to manage the risk of flooding and pollution during the lifetime of the development. This condition is imposed to accord with policy DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

7. Only foul drainage shall be connected to the public sewer.

Reason: To ensure a sustainable means of drainage from the site and minimise the risk of water pollution to the local water environment, in compliance with the National Planning Policy Framework and Policy S2 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

8. Development shall not be begun until a Construction Phase Traffic

Management Plan has been submitted to and approved in writing by the local planning authority. The CTMP shall include details of:

• pre-construction road condition established by a detailed survey for

accommodation works within the highways boundary conducted with a

Highway Authority representative; with all post repairs carried out to the satisfaction of the Local Highway Authority at the applicants expense;

• details of proposed crossings of the highway verge;

• retained areas for vehicle parking, manoeuvring, loading and unloading for their specific purpose during the development;

• cleaning of site entrances and the adjacent public highway;

• details of proposed wheel washing facilities;

• the sheeting of all HGVs taking spoil to/from the site to prevent spillage or deposit of any materials on the highway;

• construction vehicle routing;

• the management of junctions to and crossings of the public highway and other public rights of way/footway.

Reason: In the interests of highway safety and environmental management and to accord with policy DM14 of the Allerdale Borough Local Plan Part 1 2014.

 

9. All hard and soft landscaping works shall be carried out in accordance with the approved landscaping plans ref:

NE-2432-04-LA-03 Rev G Cockermouth Detailed Landscape Plan 5.9.18 and NE-2432-04-LA-01 General Arrangement plan 5.9.18. The approved scheme shall be fully implemented within the first planning season following the occupation of the apartments approved and any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless otherwise agreed in writing by the Local Planning Authority.

Reason: In order to enhance the appearance of the development and minimise the impact of the development in the locality to accord with policy DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

10. A landscaping management plan including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, shall be submitted to and approved by the Local Planning Authority prior to the occupation of any apartment or any piece of the development, whichever is the sooner, for its permitted use. The development shall thereafter be maintained at all times in accordance with the approved management plan.

Reason: To ensure the long term maintenance and management of shared open space within the development to accord with policy DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

11. The development shall not be brought into use until visibility splays providing clear visibility of 2.4 x 43m metres measured down the centre of the access road and the nearside channel line of the major road have been provided at the junction of the access road with the county highway in accordance with drawing NE2064-3.2-AC-02 Rev D Proposed Site Plan 19.10.18.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order) relating to permitted development, no structure, or object of any kind shall be erected or placed and no trees, bushes or other plants which exceed 1m in height shall be planted or be permitted to grow within the visibility splay which obstruct the visibility splays.

Reason: To ensure an acceptable standard of highway access during the

construction and operational use of the site, in compliance with the National

Planning Policy Framework and Policy S2 of the Allerdale Local Plan (Part 1), Adopted July 2014.

12. The land use hereby approved shall not be occupied until the vehicular access, parking and turning requirements have been constructed in accordance with the approved plans ref: NE-2064-3.2-AC-03 LA 01A 16.2.18 and NE2064-3.2-AC-02 Rev D dated 19.18.18 and have been brought into use.

The vehicular access, parking and turning provisions shall be retained and capable of use at all times thereafter and shall not be removed or altered without the prior consent of the Local Planning Authority.

Reason: To ensure a minimum standard of access, parking and turning provision when the development is brought into use.

 

13. The Bat works shall be implemented solely in accordance with the mitigation and recommendations outlined in the recommendations 7. Bat Presence Absence Survey.

Reason: To safeguard the habitat of protected species in compliance with the National Planning Policy Framework and Policy S35 and DM17 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

14. The bat mitigation shall be undertaken in accordance with the mitigation measures specified within Fig 3a Mitigation compensation plan 17.4 18 and Fig 3b Mitigation Compensation plan 17.4.18 and shall be retained thereafter.

Reason: In the interests of safeguarding ecological interests during the construction works of the development hereby approved, in compliance with the National Planning Policy Framework and Policy S35 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

15. No development approved by this permission shall commence until all necessary site investigation works within the site boundary are carried out to establish the degree and nature of the contamination and its potential to pollute the environment or cause harm to human health. The scope of works for the site investigations should be agreed with the Local Planning Authority prior to their commencement.

possible contamination from the development to the local environment in compliance with the National Planning Policy Framework and Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014.

Reason: To minimise any risk during or post construction works arising from any possible contamination from the development to the local environment in compliance with the National Planning Policy Framework and Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

16. Should land affected by contamination be identified under condition 16 following site investigations which poses unacceptable risks to human health, controlled waters or the wider environment, no development shall take place until a detailed remediation scheme has been submitted to and approved in writing by the Local Planning Authority. The scheme must include an appraisal of remediation options, identification of the preferred option(s), the proposed remediation objectives and remediation criteria, and a description

and programme of the works to be undertaken including the verification plan.

Reason: To minimise any risk during or post construction works arising from any possible contamination from the development to the local environment in compliance with the National Planning Policy Framework and Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

17. Should a remediation scheme be required under condition 17, the approved strategy shall be implemented and a verification report submitted to and approved in writing by the Local Planning Authority, prior to the development (or relevant phase of development) being brought into use.

Reason: To minimise any risk during or post construction works arising from any possible contamination from the development to the local environment in compliance with the National Planning Policy Framework and Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

18. In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported immediately to the Local Planning Authority. Development on the part of the site affected must be halted and a risk assessment carried out and submitted to and approved in writing by the Local Planning Authority. Where unacceptable risks are found remediation and verification schemes shall be submitted to and approved in writing by the Local Planning Authority. These shall be implemented prior to the development (or relevant phase of development) being brought into use. All works shall be undertaken in accordance with current UK guidance, particularly CLR11.

Reason: To minimise any risk arising from any possible contamination from the development to the local environment in compliance with the National Planning Policy Framework and Policy S30 of the Allerdale Local Plan (Part1), Adopted July 2014.

 

19. Boundary treatments shall be erected and retained thereafter in accordance with the drawing number NE-2064-3.2-AC - 11-Boundary Treatment Plan 15.12.17

Reason: To ensure a satisfactory appearance to the development in accordance with Policy S32 Allerdale Local plan (Part 1) adopted July 2014.

 

20. All external facing or roofing materials shall be in built in line with approved plans.

Reason: To ensure a satisfactory appearance to the development in accordance with Policy S32 Allerdale Local plan (Part 1) adopted July 2014.

 

21. Demolition and construction works shall be carried out strictly in accordance with the approved amended Constructional Environmental Plan 10.4.18.

Reason: To minimise any risk arising from any possible contamination from the development to the local environment in compliance with the National Planning Policy Framework and Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014 and to safeguard residential amenity in accordance with Policy S32 Allerdale Local plan (Part 1) adopted July 2014 and in the interests of safeguarding ecological interests during the construction works of the development hereby approved, in compliance with the National Planning Policy Framework and Policy S35 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

Proactive Statement

Application Approved Without Amendment

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against, primarily, the development plan policies, any duties applicable and also all material considerations, including emerging Local Plan policy, the National Planning Policy Framework and any stakeholder representations that may have been received. It has subsequently determined to grant planning permission.

 

 

 

 

 

 

 

 

Report author: Kelly Hampson

Publication date: 13/12/2018

Date of decision: 11/12/2018

Decided at meeting: 11/12/2018 - Development Panel

Accompanying Documents: