Decision details

2/2018/0551 - Outline application for B1 development including access junction, Land at Low Road, Cockermouth

Decision Maker: Development Panel

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decisions:

Representations

 

The agent Michael Sandelands of HFT Gough & Co spoke in favour of the application.

 

Application

 

The report recommended to grant permission subject to conditions.

 

The Planning and Building Control Manager went through the main issues as detailed in the report.

 

Economic Benefits

 

The proposal would make a positive and significant contribution in terms of further investment within Cockermouth and the creation of further employment opportunities.

 

Location

 

The site is suitably located with an acceptable walk in distance of residential areas, connected by lit, segregated footways and a bus service.

 

The site is bordered by existing development, the bypass and Low Road. As such there is no significant visual amenity or landscape impact.

 

Odour

 

There are considerations of odours arising from the juxtaposition with the Water Treatment Plant. The impact is such that conditions and the layout reserved matters can respond to this issue and permission need not be withheld.

 

Highway Safety

 

Access is not reserved for subsequent approval. The proposed highways arrangements are considered acceptable. The Highways Authority raises no objection.

 

The Building and Control Manager went on to explain to members that this proposal supports the objectives of the local plan and that the location is sustainable but with minimal visual impact. In terms of the development no alternative sites are available in Cockermouth. The Building and Control Manager then explained the cumulative impact of the proposal and that the site compliments the Town Centre.

 

In relation to noise from the development, the Environmental Protection Manager explained that the noise levels are acceptable.

 

Members noted the representations received in respect of the application, the main grounds of which were set out in the report.

 

Questions were asked of the speakers and officers and debate followed in relation to noise, traffic, and the need for this development.

 

Councillor Grainger moved to approve as per officers recommendation.

 

The motion was seconded by Councillor Munby.

 

A vote was taken on the motion to approve the application, 9 voted in favour, 2 against and 1 absention.

 

The motion was carried.

 

Resolution

 

Permission Granted subject to conditions as per officer’s recommendation.

 

CONDITIONS

 

Reserved matters submission

 

1. Before any development commences details of the layout, scale and appearance and the landscaping of the site (thereafter called ‘reserved matters’) shall be submitted to and approved by the Local Planning Authority.

Reason: The application has been submitted as an outline application, in accordance with the provisions of the details of the Town and Country Planning (Development Management Procedure) Order 2015.

 

2. The submission of all reserved matters applications shall be made no later than the expiration of 3 years beginning with the date of this permission and the development shall begin no later than whichever is the later of the following dates:

(a) The expiration of 3 years from the date of the grant of this permission, or

(b) The expiration of 2 years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

Reason: In order to comply with Sections 91 and 92 of the Town and Country Planning Act 1990.

 

3. Any application for reserved matters of scale shall include plans showing the following:

(a) Cross sections through the site;

(b) Details of existing and proposed ground levels;

(c) Proposed finished floor levels of buildings;

(d) Levels of any paths, drives, garages and parking areas; and the development shall be carried out in accordance with the details so approved.

Reason: To ensure that the works are carried out to a suitable level in relation to the adjoining properties and highways and in the interests of visual amenity.

 

4. The layout Reserved Matter shall be accompanied by an odour assessment to include location of each unit, dispersion modelling of odour from the waste water treatment plant and resultant odour levels at the proposed units.

Reason: To ensure a suitable standard of amenity is achieved for future occupiers of the site in compliance with the National Planning Policy Framework and Policy S32 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

5. As part of the submission of the layout reserved matters, the applicant shall submit to the local planning authority for approval in writing a survey to identify the location of any water main and drainage infrastructure within the site and details of the associated access, repair and maintenance strips agreed with United Utilities. Thereafter no development shall be sited within the agreed access, repair and maintenance strips.

Reason: In the interest of public health and to ensure protection of the public water supply and wastewater infrastructure.

 

6. The Reserved Matter for appearance shall be accompanied by a noise assessment that provides mitigation measures to safeguard the occupiers of the B1 units from noise from the sewage works and nearby highways and details of the ventilation systems proposed.

Reason: To ensure a suitable standard of amenity is achieved for future occupiers of the site in compliance with the National Planning Policy Framework and Policy S32 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

Accordance with plans

 

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

12.07.771-01 Location Plan

C001 Rev B Proposed Site Access

Access Appraisal

Flood Risk Assessment

Odour Assessment

Letter from SLR received 22 February 2019

Odour Assessment received 22 February 2019

Assessment of Likely Significant Effect

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.

Pre-commencement

 

8. The carriageway, footways and footpaths, cycleways etc. shall be designed, constructed, drained and lit to the satisfaction of the Local Planning Authority and, in this respect, further details, including longitudinal/cross sections, shall be submitted to the Local Planning Authority for approval before any works commence on site. No work shall be commenced until a full specification has been approved. These details shall be in accordance with the standards laid down in the current Cumbria Design Guide. Any works so approved shall be constructed before the development is fully occupied.

Reason: To ensure a minimum standard of construction within the approved development in the interests of highway safety.

 

9. The development shall not be commence until visibility splays providing clear visibility of 120 metres x 2.4 metres x 120 metres measured down the centre of the access road and the nearside channel line of the major road, and centre of the road where appropriate, have been provided at the junction of the access road with the county highway. 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.

 

10. Details of the pedestrian refuge as shown on drawing number C001 revision B shall be submitted to the Local Planning Authority for approval. The use of the development shall not be commenced until the pedestrian refuge has been fully installed in accordance with the approved details.

Reason: In theinterests of highway safety.

 

11. Ramps shall be provided on each side of every junction to enable wheelchairs, pushchairs etc. to be safely manoeuvred at kerb lines. Details of such ramps shall be submitted to the Local Planning Authority for approval before development commences. Any details so approved shall be constructed prior to the development being brought into use.

Reason: To ensure that pedestrians and people with impaired mobility can negotiate road junctions in relative safety.

 

12. Full details of the highway surface water drainage system 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 in compliance with the National Planning Policy Framework and policy S2 and S29 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

13. No development shall commence until a sustainable surface water drainage scheme has been submitted to and approved in writing by the Local Planning Authority. The drainage scheme shall be in accordance with the principles within the submitted Flood Risk Assessment reference D/I/D/87883/008 dated June 2017 and:

(i) Shall include an investigation of the full hierarchy of drainage options in the National Planning Practice Guidance (or any subsequent amendment thereof). This investigation shall include evidence of an assessment of the site conditions (inclusive of how the scheme shall be managed after completion) and the potential for infiltration of surface water in accordance with BRE365;

(ii) shall be designed to meet the requirements of the Non-Statutory

Technical Standards for Sustainable Drainage Systems (March 2015) or any subsequent replacement national standards;

(iii) no surface water, highway drainage or land drainage shall discharge to the public sewerage system either directly or indirectly; and

(iv) include a timetable for its implementation.

 

The development shall be completed, maintained and managed in accordance with the approved details.

Reason: To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution in compliance with the National Planning Policy Framework and Policy S2 and S29 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

14. No development shall commence until details of the means of ensuring water and wastewater infrastructure that is laid within and adjacent to the site boundary is protected from damage as a result of the development have been submitted to and approved by the Local Planning Authority in writing.

The details shall outline the potential impacts on the water and wastewater infrastructure from all construction activities and the impacts post completion of the development on the water and wastewater infrastructure within and adjacent to the site and identify mitigation measures to protect and prevent any damaged to the water and wastewater infrastructure. Any mitigation measures shall be implemented in full in accordance with the approved details.

Reason: In the interest of public health and to ensure protection of the public water supply and wastewater infrastructure.

 

15. No development shall take place until a Construction and Demolition Method Statement has been submitted to and approved in writing by the Local Planning Authority. The statement shall include the following:

(a) Traffic Management Plan to include all traffic associated with the development, including site and staff traffic, offsite parking, turning and compound areas;

(b) Procedure to monitor and mitigate noise and vibration from the construction and demolition and to monitor any properties at risk of damage from vibration, as well as taking into account noise from vehicles, deliveries.

All measurements should make reference to BS7445.

(c) Mitigation measures to reduce adverse impacts on residential properties from construction compounds including visual impact, noise, and light pollution.

(d) A written procedure for dealing with complaints regarding the construction or demolition;

(e) Measures to control the emissions of dust and dirt during construction and demolition (including any wheel washing facilities);

(f) Programme of work for Demolition and Construction phase;

(g) Hours of working and deliveries;

(h) Details of lighting to be used on site;

(i) Highway signage/ Haulage routes.

 

The approved statement shall be adhered to throughout the duration of the development.

Reason: In the interests of safeguarding the amenity of the occupiers of neighbouring properties during the construction works of the development hereby approved, in compliance with the National Planning Policy Framework and Policy S32 of the Allerdale Local Plan (Part 1), Adopted July 2014 and in the interests of highway safety.

 

16. Prior to the commencement of the development, detailed mitigation measures for the prevention of pollution of controlled waters from operational surface water run-off shall be submitted to the Local Planning Authority for approval. The approved mitigation measures shall be implemented before the development is brought into use and shall be maintained and retained in operational use for the lifetime of the development.

Reason: To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution in accordance with policies S29, S32, S35 and S36 of the Allerdale Local Plan (Part 1) 2014.

 

17. No development approved by this permission shall commence until a desktop study has been submitted to and approved by the Local Planning Authority. Should the preliminary risk assessment identify any potential contamination which may affect human health, controlled waters or the wider environment, all necessary site investigation works within the site boundary must be 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.

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. Should land affected by contamination be identified under the desktop study condition 17 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.

 

Before development’s first use

 

19. Should a remediation scheme be required under condition 18, 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.

 

20. The use shall not commence until the access and parking arrangements have been constructed in accordance with the approved plan and layout reserved matters and shall be retained and be capable of use when the development is completed and shall not be removed or altered without the prior consent of the Local Planning Authority.

Reason: To ensure that proper access and parking provision is made and retained for use in relation to the development.

 

Other

 

21. Foul and surface water shall be drained on separate systems.

Reason: To ensure proper drainage and to manage the risk of flooding and pollution.

 

22. 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 (Part 1), Adopted July 2014.

 

Notes to applicant

United Utilities records show there is an easement affected by crossing the proposed development site which is in addition to our statutory rights for inspection, maintenance and repair. The easement dated 27/03/2018 UU Ref: 70/00016 has restrictive covenants that must be adhered to. It is the responsibility of the developer to obtain a copy of the document, available from United Utilities Legal Services or Land Registry and to comply with the provisions stated within the document. Under no circumstances should anything be stored, planted or erected on the easement width. Nor should anything occur that may affect the integrity of the pipe or United Utilities legal right to 24 hour access.

Report author: Shona Reid

Publication date: 02/04/2019

Date of decision: 02/04/2019

Decided at meeting: 02/04/2019 - Development Panel

Accompanying Documents: