Decision Maker: Development Panel
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Ward Councillor Marion Fitzgerald spoke against the application
The applicant, Richard Lindsay spoke in support of the application
The report recommended granting permission subject to conditions
The report outlined the application and detailed the main issues within the report as follows:
When applying the NPPFs tilted balance, the development is with a sustainable location.
Well related to the settlement limit and surrounding buildings.
The dwelling is considered appropriate scale and massing for the plot
Foul to main sewer and surface water to rainwater harvesting system
· Residential Amenity
No significant harm to nearby properties
Parking and turning considered satisfactory
Access does not meet the requirements of the highway authority; however, given the specific context of the proposal, acceptable visibility splays can be achieved.
Questions were asked of the speakers and the officers and debate followed relating to the highways, access, watercourses and the need for another family home.
Discussion also ensued in relation to the recommendations made by the statutory bodies.
Councillor Tony Annison moved to defer the decision pending a site visit; this was seconded by Councillor Jim Osborn.
A vote was taken on the motion to defer, 3 voted in favour, 4 against and 1 abstention.
The motion was lost.
Councillor Nicky Cockburn then moved to refuse the application; this was seconded by Councillor Tony Annison.
A vote was taken on the motion to refuse, 4 voted in favour, 4 against and 0 abstentions.
The chair cast the deciding vote, voting against the motion to refuse
The motion was lost
Councillor Miskelly then moved to approve the application as per officer’s recommendations; this was seconded by Councillor Bill Pegram
A vote was taken on the motion to approve, 4 voted in favour, 3 against and 1 abstention.
The motion was carried.
Approved subject to conditions per officers report
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.
Approved plans compliance
2. The development hereby permitted shall be carried out solely in accordance with the following plans:
IMW228749 Rainwater Harvesting Tank Details
05001 Rev 05 Proposed Elevations Sheet 1 – Amended plan received 16 November 2018
05002 rev 6 – Proposed Elevations Sheet 2 – Amended plan received 16 November 2018
Site Location Plan – Amended plan received 26 September 2018
05010 Rev 03 – Site Section as Proposed – Amended plan received 23 November 2018
04003 Rev 07 Block plan – Amended plan received 23 November 2018
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.
Prior to commencement
3. Notwithstanding the proposed submitted levels, prior to works commencing on site, details of proposed levels including levels of any paths, drives and parking areas and external finishes of any associated retaining walls shall be submitted to and approved by the Local Planning Authority. The works shall be carried out in accordance with the approved works.
Reason: To ensure that works are carried out to a suitable level in relation to the adjoining properties and highways and in the interest of visual amenity.
Following initial commencement
4. The development hereby approved shall not be considered above plinth level until the details of the:
(i) Proposed crossings of the highway verge and/or footway;
(ii) Surfacing in porous bituminous or cement bound materials;
(iii) Access drive gradient
(iv) Surface water drainage measures to prevent surface water discharging onto the highway;
Shall be submitted to and approved by the Local Planning Authority
The works shall be implemented and maintained operational at all times thereafter
Reason: To ensure a suitable standard of verge crossing and that the verge is properly reinstated before the development is brought into use, to ensure that pedestrians can negotiate road junctions in relative safety, minimise the risk of flooding and in the interests of highway safety.
Prior to occupation
5. The dwelling hereby approved shall not be occupied until the vehicular access, parking and turning requirements have been constructed in accordance with the approved plan 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.
6. Details of the siting, height and type of all means of enclosure/screen walls/fences/other means of enclosure shall be submitted to and approved by the Local Planning Authority prior to the occupation of the dwelling. Any such walls/fences etc. shall be constructed prior to the approved building being brought into use/occupied. All means of enclosure so constructed shall be retained and no part thereof shall be removed without the prior consent of the Local Planning Authority.
Reason: To ensure a satisfactory standard of development which is compatible with the character of the surrounding area and safeguard the amenity of neighbouring properties.
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. There shall be no vehicular access to or egress from the site other than via the approved access, unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interests of highway safety and environmental management.
9. Access gates, if provided, shall be hung to open inwards only away from the highway.
Reason: In the interests of highway safety.
10. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or in any Statutory Instrument revoking or re-enacting that Order with or without modification) no development falling within Classes A, B, E of Part 1 of Schedule 2 and Class A of Part 2 of the said order shall be carried out without the prior written permission of the Local Planning Authority upon an application submitted to it.
Reason: The Local Planning Authority wishes to retain control over any proposed alterations/extensions in the interests of appearance of the site and safeguard the amenities of adjacent properties.
The Local Planning Authority has acted positively and proactively in determining this application by, primarily identifying relevant development plan policies, any duties applicable as well as other material considerations that have been afforded weight, including emerging Local Plan policy, stakeholder representations and the National Planning Policy Framework. In this context, having identified matters of concern with the application as originally submitted and, if applicable, following negotiations with the applicant, acceptable amendments and solutions to the proposal have been received. As a result, the Local Planning Authority has been able to grant permission for an acceptable proposal.
Report author: Kelly Hampson
Publication date: 13/12/2018
Date of decision: 11/12/2018
Decided at meeting: 11/12/2018 - Development Panel