Agenda, decisions and minutes

Development Panel
Tuesday 12th December, 2017 1.00 pm

Venue: Theatre - The Wave Centre, Maryport. View directions

Contact: Kathryn Magnay  01900 702635

Items
No. Item

265.

Minutes of meeting Tuesday 14 November 2017 of Development Panel pdf icon PDF 93 KB

Minutes:

The minutes of the meeting held on 14 November 2017 were agreed as a correct record.

266.

Declaration of Interests

Councillors/Staff to give notice of any disclosable pecuniary interest, other registrable interest or any other interest and the nature of that interest relating to any item on the agenda in accordance with the adopted Code of Conduct.

Minutes:

None received.

267.

Questions

To answer questions from Councillors and members of the public – submitted in writing or by electronic mail no later than 5.00pm, 2 working days before the meeting.

Minutes:

None received.

268.

2/2017/0277 Princess Hall, Low Seaton-Hybrid planning application comprising - Phase 1: Full planning permission for the partial demolition of the Royal British Legion building and relocation of the car park, including implementation of access associated with the car park and residential development and Phase 2: Outline permission for residential development of up to 100 dwellings and associated works considering details of access pdf icon PDF 2 MB

Minutes:

Representations

 

Lynne Hardman spoke in objection to the application.

John Ramsden spoke in objection to the application.

Kevin Taylor spoke in objection to the application.

Amanda Wallace (Low Seaton Group) spoke in objection to the application.

Gill Brinicombe spoke in objection to the application.

Adrian Johnstone spoke in objection to the application.

 

Councillor Danny Horsley spoke on behalf of Seaton Parish Council.

 

Councillor Celia Tibble spoke as Ward Councillor

 

The Agent David Staniland spoke in support of the application.

 

Application

 

The Planning Officer recommended approval.

 

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

 

·  Principle of Development

 

On balance, despite the fact that the site lies outside of the settlement limit for Workington/Seaton, Officers consider the principle of residential development at this location to be acceptable. The site lies directly adjacent to the saved settlement limit and therefore, can be considered both well related and sustainable. The scale of development proposed, (100 dwellings), is not considered to be disproportionate to the size of the village nor its role as part of the Principal Centre of Workington as a whole and the aim to achieve and maintain housing growth.

 

The proposal is therefore considered to be in accordance with

Policies S2, S3 and S5 of the Allerdale Local Plan (Part 1).

 

·  Access/Highway Issues

 

The Highway Authority has concluded that the additional traffic generated by the development will have minimal impact on the locality and that the site access, visibility splays, emergency access and parking provision within the site can be conditioned accordingly to safeguard highway safety. Further Traffic Regulation Orders on Causeway Road and/or Church Road are not considered necessary to control any additional road congestion therefore further parking restrictions and/or one-way traffic control is not required.

 

·  Drainage

 

Considering the details provided and the response from the Local Lead Flood Authority. As an outline application the principle of surface water drainage is considered acceptable with regard to the sequential, sustainable approach. The drainage strategy has highlighted the potential options for attenuation of surface water discharge to reduce the existing greenfield rate and safeguard the threat of local flooding and that of downstream. With the support from the County Council the drainage strategy is considered acceptable at this stage subject to conditions for further details.

 

·  Conditions

 

As a hybrid application for two phases of development, the planning conditions have been worded accordingly. The conditions to safeguard the primary concerns of access and drainage will apply to any part of the development.

 

·  Affordable Housing

 

The one hundred houses proposed require a 25% provision of affordable housing to meet the requirements of Policy S8. Allerdale Housing Services has recommended a range of house types in most need and with tenure of 75% affordable rent and 25% low cost sale to meet policy guidelines. This can be accommodated within an appropriate obligation within the Section 106 Agreement.

 

·  Section 106 Legal Agreement

 

A legal agreement is required to secure affordable housing delivery, management and maintenance of public open space and financial contributions to education and a monitoring travel plan.

 

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

 

Councillor M Jenkinson moved refusal based on the following grounds:

1)  The proposal is contrary to Policy S2 of the Allerdale Local Plan (Part 2014 in that it does not ensure a good standard of amenity for existing residents, does not support the sustainability of communities due to a lack of social community infrastructure and does not protect and maintain the vitality and viability of a range of local habitants.

2)  The proposal is contrary to Policy S5 of the Allerdale Local Plan (Part 1) 2014 by being of a scale and design that would detract from the settlement.

3)  The proposal is contrary to Policy S32 (b), (c) and (d) of the Allerdale Local Plan (Part 1) 2014 in that it does not safeguard the amenity of the area locally, would have an unacceptable impact on residents and due to inadequate highway infrastructure.

 

The Head of Development Services advised members to consider the application carefully taking into account it was an outline proposal and that matters of detail could be dealt with in a future reserved matters applications. It had been stated that there was a lack of social community infrastructure, the presentation provided gave good indications of local community facilities. It was also important to consider the views of statutory consultees such as the local highway authority who had not objected on the grounds of highway safety.

 

Councillor M Jenkinson withdrew part of his motion which included Policy S32 (c) and put forward new motion without S32 (c)

1)  The proposal is contrary to Policy S2 of the Allerdale Local Plan (Part 2014 in that it does not ensure a good standard of amenity for existing residents, does not support the sustainability of communities due to a lack of social community infrastructure and does not protect and maintain the vitality and viability of a range of local habitants.

2)  The proposal is contrary to Policy S5 of the Allerdale Local Plan (Part 1) 2014 by being of a scale and design that would detract from the settlement.

3)  The proposal is contrary to Policy S32 (b) and (d) of the Allerdale Local Plan (Part 1) 2014 in that it does not safeguard the amenity of the area locally, would have an unacceptable impact on residents and due to inadequate highway infrastructure.

 

Councillor N Cockburn seconded.

 

A vote was taken; 3 voted in favour of refusal, 8 against.

 

The motion in favour of refusal was lost.

 

Councillor J Lister moved approval as per officer’s recommendations and subject to section 106 agreement and that the full sum requested by Cumbria County Council for the extra classroom be included within the requirements of the S106 agreement.

 

Councillor T Annison seconded.

 

Councillor M Jenkinson requested an amendment be made to the motion that the full amount be paid for the classroom prior to any occupation.

 

The Head of Development Services advised members that it was important to consider whether this was reasonable taking into account the viability of the development.

 

Cumbria County Council advised an acceptable trigger point for the education contribution may be on completion of 2-30 dwellings but that this should be the subject of further negotiation.

 

The Head of Development Services advised they would seek to negotiate an appropriate trigger point with the developer prior to finalising the S106 planning obligation.

 

Councillor M Jenkinson withdrew his amendment.

 

A vote was taken; 8 voted in favour of approval, 3 against.

 

The motion in favour of approval was carried.

 

Decision

 

Approved.

 

Conditions

 

1.  Insofar as this decision grants full permission for the part demolition of the existing Royal British Legion building and relocation of its car park, 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 51 of the Planning & Compulsory Purchase Act 2004.

 

2.  Insofar as this decision grants full permission for the part demolition of the existing Royal British Legion building and relocation of its car park, the development hereby permitted shall be carried out solely in accordance with the following plans:

VC0004 02-01 Rev C - Access Drawing

17004_PL100 - Site Location Plan

1257901 April 2017 Flood Risk Assessment and Drainage Statement

1257901 April 2017 Geoenvironmental & Geotechnical Desktop Study

R-2803-01 Preliminary Ecological Appraisal

17004 PL111 British Legion Proposed Site Plan

Reason: In order to comply with Section 51 and Section 91 of the Planning & Compulsory Purchase Act 2004.

 

3.  Insofar as this decision grants full permission for the part demolition of the existing Royal British Legion building and relocation of its car park, the demolition and car park relocation hereby approved shall be completed and the parking provision made fully available before any subsequent residential development commences.

Reason : In order to provide an acceptable level of parking provision in the interests of highway safety and residential amenity.

 

4.  Insofar as this decision grants outline permission for residential development of up to 100 dwellings, before any works commence details of the layout, scale and appearance, and landscaping (hereinafter 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 (General Development Procedure) Order 1995.

5.  Insofar as this decision grants outline permission for residential development of up to 100 dwellings, the development hereby permitted shall be carried out in accordance with the following plans:

VC0004 02-01 Rev C - Access Drawing

17004_PL100 - Site Location Plan

1257901 April 2017 Flood Risk Assessment and Drainage Statement

1257901 April 2017 Geoenvironmental & Geotechnical Desktop Study

R-2803-01 Preliminary Ecological Appraisal

Reason: In order to ensure a satisfactory standard of development.

 

6.  Insofar as this decision grants outline permission for residential development of up to 100 dwellings, 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 Section 51 of the Planning and Compulsory Purchase Act 2004.

 

7.  Any application for reserved matters of layout 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.

 

8.  Prior to commencement of development (or relevant phase of development), the carriageway, footways, footpaths, cycleways (including the pedestrian and EVA links to Camerton Road, and the Cycle network to the north) shall be designed, constructed, drained and lit to a standard suitable for adoption and in this respect further details, including longitudinal/cross sections, shall be submitted to the Local Planning Authority for approval before work commences on the relevant phase. 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 for the relevant phase shall be constructed before the development is complete.

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

 

9.  Prior to commencement of development, the visibility splays providing clear visibility of 43 metres in a southerly direction and 47 metres in a northerly direction measured 2.4 metres down the centre of the access road and 1metre from the nearside channel line of the major road shall 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) (England) Order 2015 (or any Order revoking and re-enacting that Order) relating to permitted development, no structure, vehicle or object of any kind shall be erected, parked or placed and no trees, bushes or other plants shall be planted or be permitted to grown within the visibility splay which obstruct the visibility splays. The visibility splays shall be constructed before general development of the site commences so that construction traffic is safeguarded.

Reason: In the interests of highway safety.

 

10. No dwellings shall be occupied until the estate road including footways and cycleways to serve such dwellings has been constructed in all respects to base course level and street lighting where it is to form part of the estate road has been provided and brought into full operational use.

Reason: In the interests of highway safety.

 

11. Details of the proposed crossings of the highway verge and/or footway for the emergency access onto Camerton Road shall be submitted to the Local Planning Authority for approval. Information regarding the design of the emergency access its functionality and measures to prohibit through traffic should also be provided. The residential phase of the development shall not be commenced until the details have been approved and the crossings have been constructed.

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

 

12. Prior to commencement of development, a Construction Method Statement including details of all on-site construction works, post-construction reinstatement, drainage, mitigation, and other restoration, together with details of their timetabling has been submitted to and approved by the local planning authority and shall include measures to secure:

a)  formation of the construction compound and access tracks and any areas of hardstanding;

b)  b) cleaning of site entrances and the adjacent public highway;

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

d)  d) post-construction restoration/reinstatement of the working areas

The Construction Method Statement shall be carried out as approved.

Reason : In the interests of highway safety.

 

13. Prior to commencement of development a Construction Traffic Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The CTMP shall include details of:

a) the construction of the site access and the creation, positioning and maintenance of associated visibility splays;

b) details of any temporary access gates that should be hung to open away from the public highway no less than 10m from the carriageway edge and shall incorporate appropriate visibility displays;

c) proposed accommodation works and where necessary a programme for their subsequent removal and the reinstatement of street furniture and verges, where required, along the route;

d) the pre-construction road condition established by a detailed survey for accommodation works within the highways boundary conducted with a Highway Authority representative;

e) details of proposed crossings of the highway verge;

f) retained areas for vehicle parking, maneuvering, loading and unloading for their specific purpose during the development including the provision of parking spaces for residents and visitors

g) construction vehicle routing;

h) the management of junctions to and crossings of the public highway and other public rights of way/footway;

i) the scheduling and timing of movements, temporary warning signs and banksman

Development shall be carried out in accordance with the approved Construction Traffic Management Plan.

Reason : In the interests of highway safety.

 

14. Prior to commencement of development, full details shall be provided and approved in writing by the Local Planning Authority of the surface water system demonstrating that no flooding will occur on any part of the site for a 1 in 30 year event unless designed to do so, flooding will not occur to any building in a 1 in 100 year event plus 40 % to account for climate change, and where reasonably possible flows resulting from rainfall in excess of a 1 in 100 year 6 hour rainfall event are managed in conveyance routes (plans of flow routes etc). The proposed scheme should meet the requirements of Sustainable drainage systems: non-statutory technical standards (March 2015). Additional details shall be provided to include…

a) to confirm how the design of the surface water drainage system will mitigate any negative impact of surface water from the development on flood risk outside the development boundary

b) details of future maintenance and operation of the surface water system

c) an adequate condition survey of the culverted watercourse downstream of the discharge point, (to where the system becomes de-culverted) and remediation of any defects.

Reason: To manage flood risk within the development that results from surface water to minimise the risk to people and property.

 

15. Prior to commencement of development, a Construction Surface Water Management Plan shall be provided and agreed in writing with the Local Planning Authority. The development shall be implemented solely in accordance with the approved scheme.

Reason: To safeguard against flooding to surrounding sites and to safeguard against pollution of the watercourse running through the site.

 

16. No surface water will be permitted to drain directly or indirectly into the public sewer. Any variation to the discharge of foul water associated with the residential phase of development shall be agreed in writing by the Local Planning Authority prior to the commencement of the residential development. The development shall be completed in accordance with the approved details.

Reason: To ensure a satisfactory form of development and to prevent an undue increase in surface water run-off and to reduce the risk of flooding.

 

17. No residential development shall take place until a detailed acoustic report, carried out by a competent person in accordance with the current edition of BS 8233, BS4142 and the WHO Guidelines on community noise, on the existing noise climate at the development site has been submitted to and been approved in writing by the Local Planning Authority. The aim of the report will be to establish whether sound attenuation measures are required to protect future residents from the transferral of sound from commercial premises and from the electricity substation. In the event that the acoustic report finds that the following noise levels would be exceeded, a noise insulation scheme shall be submitted to and approved in writing by the Local Planning Authority.

55dB LAeq 16hr in outdoor living areas

40dB LAeq 16hr in all rooms during the day-time (0700 - 2300)

30 dB LAeq 8hr in all bedrooms during the night time (2300 - 0700).

and 45 dB LAmax in bedrooms during the night-time

The approved scheme shall be implemented prior to the occupation of any dwelling and shall be permanently retained thereafter.

Reason : In order to safeguard residential amenity of any future occupants.

 

18. Prior to development (or relevant phase of development), a Construction and Demolition Method Statement shall be 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;

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) Mitigation measures to ensure that no harm is caused to protected species during construction.

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

f) Measures to control the emissions of dust and dirt during construction and demolition;

g) Programme of work for Demolition and Construction phase;

h) Hours of working and deliveries;

i) Details of lighting to be used on site.

j) Appropriate pollution prevention guideline measures to include biosecurity, materials and machinery storage, and mitigation for the control and management of noise, dust, surface water run-off and waste to protect Gale Brook and any surface water drains from sediment, and pollution from cement or fuel.

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

Reason : In the interests of general local amenity and in the interests of safeguarding ecological interests and biodiversity

 

19. No development approved by this permission shall commence until all necessary site investigation works within the site boundary have been 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 the 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.

 

20. Where land affected by contamination is found which poses unacceptable risks to human health, controlled waters or the wider environment, no development (or relevant phase of 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.

 

21. Should a remediation scheme be required, 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.

 

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 work shall be undertaken in accordance with current UK guidance, particularly CLR11.

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.

 

23. The development hereby approved shall only be undertaken in full accordance with the recommendations and mitigation outlined in the submitted ecological report ref R-2803-01 Preliminary Ecological Appraisal.

Reason : In the interests of safeguarding local wildlife and biodiversity.

 

24. No residential development shall take place until a Travel Plan for the development hereby approved has been submitted to and approved in writing by the Local Planning Authority. The approved Travel Plan shall be implemented within one month of the first occupation of any dwelling and shall thereafter be maintained for the lifetime of the development.

Reason: To aid in the delivery of sustainable transport objectives and ensure that the local road network continues to fulfil its purpose as part of the national system of routes for through traffic, in accordance with Section 10(2) of the Highways Act 1980.

 

25. Monitoring shall be carried out in accordance with the approved Travel Plan and the results of the monitoring shall be submitted to the Local Planning Authority within one month at the end of each monitoring period. Where targets are not achieved the Travel Plan Co-ordinator will be notified in writing and the Travel Plan shall then be reviewed and updated and submitted to the Local Planning Authority for approval within one month of the receipt of the notification. The updated Travel Plan shall be implemented within one month of the date of approval.

Reason: To aid in the delivery of sustainable transport objectives and ensure that the local road network continues to fulfil its purpose as part of the national system of routes for through traffic, in accordance with Section 10(2) of the Highways Act 1980.

 

26. No residential development shall commence until full details of the layout, maintenance and management of the public open space including equipped areas for play have been submitted to and approved in writing by the Local Planning Authority. The public open space shall be fully implemented prior to the occupation of the sixtieth dwellinghouse on the site and retained for the lifetime of the development.

Reason: To ensure the satisfactory provision of open space in accordance with the National Planning Policy Framework and Policies S2, S4, S24, S25, S26 and DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

27. Before development commences details of the Royal British Legion Club side elevation and adjacent surfaces following the part demolition shall be provided to the Local Planning Authority and approved in writing. The approved details shall be implemented prior to the occupation of any dwellinghouse

Reason : In the interests of visual amenity.

269.

2/2017/0278 North of Camerton Road, Seaton- Proposed outline application for the erection of 5 dwellings considering reserved matter of access only pdf icon PDF 1 MB

Minutes:

Representations

 

Jackie Taylor (Low Seaton Anti-Development Group) spoke in objection to the application.

John Ramsden spoke in objection to the application.

Amanda Wallace spoke in objection to the application.

Adrian Johnstone spoke in objection to the application.

 

The Agent David Staniland spoke in support of the application.

 

Application

 

The Planning Officer recommended approval.

 

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

 

·  Principle of Development

 

On balance, despite the fact that the site lies outside of the settlement limit for Workington/Seaton, Officers consider the principle of residential development at this location to be acceptable.

 

The site lies as an infill site between other buildings edge of the settlement limit and therefore, can be considered both well related and sustainable.

 

The scale of development proposed, (5 dwellings), is not considered to be disproportionate to the size of the village nor its role as part of the Principle Centre of Workington as a whole and the aim to achieve and maintain housing growth.

 

·  Access/Highway Issues

 

The proposed access is considered acceptable with the potential for adequate parking and turning within the site.

 

With regard to the traffic flows and speeds passing the site the proposed visibility splays of 51.5 metres in a northerly and 53.4 metres in a southerly direction are considered acceptable.

 

Additional traffic generated by the development of 5 dwellings is considered not to be significant. No Traffic Regulation Orders are required.

 

There are not considered to be any highway issues that would have cumulative impacts with the other two sites nearby.

 

The Highway Authority does not object with standard conditions.

 

·  Drainage

 

A drainage statement and strategy has been provided. The geology does not allow for adequate soakaway and therefore the next sustainable option for surface water drainage is to a watercourse.

 

Surface water drainage is planned from the site across the applicant’s land with a piped outfall direct to the River Derwent.

The solution does not rely on Gale Brook .

 

The drainage statement demonstrates that run-off from the proposed development can be managed in such a way to ensure that it does not pose a risk to the site or its occupants and does not increase flood risk downstream or to the wider catchment. Postdevelopment discharge rates are to be restricted and attenuated using flow control devices so as not to exceed pre-development run-off rates.

 

Foul drainage is planned to the main sewer east of the site with a connection in Camerton Road. This cannot be achieved by gravity therefore a pumping station is planned on the land described opposite the site. Further details of this can be conditioned regarding maintenance and noise emissions. The applicant has a fall-back alternative of non-mains drainage.

 

·  Affordable Housing

 

The matter of affordable housing is dictated by the Ministerial Statement that supersedes Policy S8 of the Local Plan. This states that “contributions should not be sought from developments of 10 units or less, and which have a maximum combined gross floorspace of no more than 1000 square metres”. The site is considered as a standalone development of five dwellings and not cumulative to the 100 dwellings on the adjacent site that is subject to the full requirement of affordable housing.

 

The application is in outline with an illustrative layout. As such the limit of 1000 square metres can be conditioned ahead of any reserved matters application which is the Council’s procedure.

 

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

 

Councillor T Annison moved approval as per officer’s recommendations and subject to clarification on condition 13.

 

Councillor D Wilson seconded.

 

A vote was taken; 9 voted in favour of approval, 0 against, 2 abstentions.

 

The motion in favour of approval was carried.

 

Amendment to condition 13

No development shall commence until full details of the proposed foul drainage pumping station, including noise data and its future management and maintenance, servicing and system failure protocols are provided to the Local Planning Authority. The approved details shall be implemented prior to the occupation of any dwelling on the site.

Reason: To secure a satisfactory means of foul water discharge and in the interests of residential amenity.

 

Decision

 

Approved.

 

Conditions

 

1.  Before any works commence details of the layout, scale, appearance, and landscaping (hereinafter 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 development hereby permitted shall be carried out in accordance with the following plans:

VC0004 02-01 Rev C - Access Drawing

17004_PL200 - Site Location plan

1257902 April 2017 Drainage Statement

1257902 April 2017 Geoenvironmental & Geotechnical Desktop Study

R-2803-02 Preliminary Ecological Appraisal

17004_PL202 - Proposed Masterplan Plot 2

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 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.

 

4.  Any application for reserved matters of layout 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.

 

5.  The development shall not commence until visibility splays providing clear visibility of 51.5 metres in a northerly and 53.4 metres in a southerly direction measured 2.4metres down the centre of the access road 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) (England) Order 2015 (or any Order revoking and re-enacting that Order) relating to permitted development, no structure, vehicle or object of any kind shall be erected, parked or placed and no trees, bushes or other plants shall be planted or be permitted to grown within the visibility splay which obstruct the visibility splays. The visibility splays shall be constructed before general development of the site commences so that construction traffic is safeguarded.

Reason: In the interests of highway safety.

 

6.  No dwellings shall be occupied until the shared private access to serve such dwellings has been constructed in all respects to base course level and street lighting where it is to form part of the estate road has been provided and brought into full operational use.

Reason: In the interests of highway safety.

 

7.  Details of proposed crossings of the highway verge and/or footway shall be submitted to the Local Planning Authority for approval. The development shall not be commenced until the details have been approved and the crossings have been constructed.

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

 

8.  Development shall not be begun until a Construction Method Statement including details of all on-site construction works, post-construction reinstatement, drainage, mitigation, and other restoration, together with details of their timetabling has been submitted to and approved by the local planning authority and shall include measures to secure:

a) formation of the construction compound and access tracks and any areas of hardstanding;

b) cleaning of site entrances and the adjacent public highway;

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

d) post-construction restoration/reinstatement of the working areas

The Construction Method Statement shall be carried out as approved.

Reason : In the interests of highway safety

 

9.  Development shall not be begun until a Construction Traffic Management Plan has been submitted to and approved in writing by the local planning authority. The CTMP shall include details of:

a) the construction of the site access and the creation, positioning and maintenance of associated visibility splays;

b) access gates will be hung to open away from the public highway no less than 10m from the carriageway edge and shall incorporate appropriate visibility displays;

c) proposed accommodation works and where necessary a programme for their subsequent removal and the reinstatement of street furniture and verges, where required, along the route;

d) the pre-construction road condition established by a detailed survey for accommodation works within the highways boundary conducted with a Highway Authority representative;

e) details of proposed crossings of the highway verge;

f) retained areas for vehicle parking, maneuvering, loading and unloading for their specific purpose during the development;

g) construction vehicle routing;

h) the management of junctions to and crossings of the public highway and other public rights of way/footway;#

i) the scheduling and timing of movements, temporary warning signs and banksman Development shall be carried out in accordance with the approved Construction Traffic Management Plan.

Reason : In the interests of highway safety.

 

10. The access and parking/turning requirements, shall be implemented before any building work commences on site so that constructional traffic can park and turn clear of the highway.

Reason: The carrying out of this development without the provision of these facilities during the construction work is likely to lead to inconvenience and danger to road users.

 

11. No dwelling hereby approved shall be occupied until the vehicular access, parking and turning requirements have been constructed 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.

 

12. No development shall commence until full details of the foul water and surface water system demonstrating that no flooding will occur on any part of the site for a 1 in 30 year event unless designed to do so, flooding will not occur to any building in a 1 in 100 year event plus 40 % to account for climate change, and where reasonably possible flows resulting from rainfall in excess of a 1 in 100 year 6 hour rainfall event are managed in conveyance routes (plans of flow routes etc) have been agreed in writing with the Local Planning Authority. The proposed scheme should meet the requirements of Sustainable Drainage Systems: non-statutory technical standards (March 2015). The approved details shall be implemented prior to the occupation of any dwelling on the site.

Reason: To manage flood risk within the development that results from surface water to minimise the risk to people and property.

 

13. No development shall commence until full details of the proposed foul drainage pumping station, including noise data and its future management and maintenance, servicing and system failure protocols are provided to the Local Planning Authority. The approved details shall be implemented prior to the occupation of any dwelling on the site.

Reason: To secure a satisfactory means of foul water discharge and in the interests of residential amenity.

 

14. No development shall be built above plinth level until details of the future maintenance and operation of the surface water system are agreed in writing with the Local Planning Authority. The approved details shall therefafter be maintained in accordance with the approved details.

Reason: To ensure the surface water system continues to function as designed.

 

15. No development approved by this permission shall commence until all necessary site investigation works within the site boundary have been 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 the 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.

 

16. Where land affected by contamination is found 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, 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 work shall be undertaken in accordance with current UK guidance, particularly CLR11.

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.

 

19. No development shall take place until a Construction 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;

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) Mitigation measures to ensure that no harm is caused to protected species during construction.

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

f) Measures to control the emissions of dust and dirt during construction and demolition;

g) Programme of work for Demolition and Construction phase;

h) Hours of working and deliveries;

i) Details of lighting to be used on site.

j) Appropriate pollution prevention guideline measures to include biosecurity, materials and machinery storage, and mitigation for the control and management of noise, dust, surface water run-off and waste to protect any watercourse or surface water drains from sediment, and pollution from cement or fuel.

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

Reason : In the interests of residential amenity and of safeguarding ecological interests and biodiversity.

 

20. The development shall be undertaken only in full accordance with the submitted ecological survey R-2803-02 Preliminary Ecological Appraisal

Reason: In the interests of safeguarding local wildlife interests and biodiversity.

 

21. Unless otherwise agreed in writing by the Local Planning Authority, the combined gross floor space of the housing development hereby approved shall not exceed 1000sqm.

Reason: Housing development exceeding 1000sqm would trigger the requirement for an affordable housing contribution in accordance with policy S8 of the Allerdale Local Plan (Part 1) 2014 and no provision has been made as part of this proposal.

 

22. A phasing plan shall be provided with the first reserved matters application for approval by the Local Planning Authority, which demonstrates how the 1000sqm gross floor space specified by condition 21 will be distributed between all the dwellinghouses hereby approved. Any subsequent reserved matters application would need to demonstrate conformity with the phasing plan as approved.

Reason: To ensure that the 1000sqm gross floor space specified by condition 21 is distributed appropriately across the site, so as to achieve a satisfactory form of development.

 

270.

2/2017/0279 Hillside, Camerton Road, Seaton- Outline application for the erection of 4 dwellings considering reserved matter of access only pdf icon PDF 1 MB

Minutes:

Representations

 

Sue Johnstone (Low Seaton Anti-Development Group) spoke in objection to the application.

Kevin Taylor spoke in objection to the application.

Amanda Wallace spoke in objection to the application.

Adrian Johnstone spoke in objection to the application.

 

Councillor Ceila Tibble spoke in objection to the application as the ward councillor.

 

The Agent David Staniland spoke in support of the application.

 

Application

 

The Planning Officer recommended approval.

 

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

 

·  Principle of Development

 

On balance, despite the fact that the site lies outside of the settlement limit for Workington/Seaton, Officers consider the principle of residential development at this location to be acceptable.

 

The site lies as an infill site between other buildings edge of the settlement limit and therefore, can be considered both well related and sustainable.

 

The scale of development proposed, (4 dwellings), is not considered to be disproportionate to the size of the village nor its role as part of the Principle Centre of Workington as a whole and the aim to achieve and maintain housing growth.

 

·  Access/Traffic Issues

 

The proposed access currently used as an agricultural access is considered acceptable for residential purposes with the potential for adequate parking and turning within the site.

 

The four dwellings will require 8-12 parking spaces depending on house types with associated traffic movements.

 

With regard to the traffic flows and speeds passing the site the proposed visibility splays of 53 metres in both directions are considered acceptable.

 

Additional traffic generated by the development is considered not to be significant. No Traffic Regulation Orders are required.

 

There are not considered to be any highway issues that would

have cumulative impacts with the other two sites nearby.

The Highway Authority does not object with standard conditions.

 

·  Drainage

 

A drainage statement and strategy has been provided. The geology does not allow for adequate soakaway and therefore the next sustainable option for surface water drainage is to a watercourse.

 

Surface water drainage is planned from the site across the applicant’s land with a piped outfall direct to the River Derwent. The solution does not rely on Gale Brook.

 

The drainage statement demonstrates that run-off from the proposed development can be managed in such a way to ensure that it does not pose a risk to the site or its occupants and does not increase flood risk downstream or to the wider catchment. Post-development discharge rates are to be restricted and attenuated using flow control devices so as not to exceed predevelopment run-off rates.

 

Foul drainage is planned to the main sewer east of the site with a connection in Camerton Road. This cannot be achieved by gravity therefore a pumping station is planned on the land described opposite the site. Further details of this can be conditioned regarding maintenance and noise emissions. The applicant has a fall-back alternative of non-mains drainage.

 

·  Affordable Housing

 

The matter of affordable housing is dictated by the Ministerial Statement that supersedes Policy S8 of the Local Plan. This states that “contributions should not be sought from developments of 10 units or less, and which have a maximum combined gross floorspace of no more than 1000 square metres”. The site is considered as a standalone development of five dwellings and not cumulative to the 100 dwellings on the adjacent site that is subject to the full requirement of affordable housing.

 

The application is in outline with an illustrative layout. As such the limit of 1000 square metres can be conditioned ahead of any

reserved matters application which is the Council’s procedure.

 

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

 

Councillor J Farebrother moved refusal on the following grounds.

 

The proposed development would be contrary to Policy S32 of the Allerdale Local Plan (Part 1) 2014 in that it would have a detrimental impact on the local area in terms of visual amenity, its distinctive character and environmental quality. In addition the proposed access would have an adverse impact on road safety and traffic flows.

 

 

Councillor D Wilson seconded.

 

A vote was taken; 6 voted in favour of refusal, 5 against.

 

The motion in favour of refusal was carried.

 

Decision

 

Refused

 

271.

2/2017/0391 Land adjacent to Applethwaite, Station Hill, Wigton- Development of a single storey place of worship with car parking and new site access pdf icon PDF 2 MB

Minutes:

Representations

 

The applicants representative Scott Munro spoke in support of the application.

 

Application

 

The Planning Officer recommended approval.

 

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

 

·  Principle of Development

 

The site lies within the settlement limit of Wigton in a sustainable

location. Policy S26 supports community facilities.

 

·  Sitting, Design and Materials

 

The siting, design and materials of the building are considered

acceptable.

 

·  Residential amenity

 

The parking has been relocated to the south of the proposed building away from the nearby residential dwellings. Officers are satisfied that appropriate mitigation measures can be introduced to reduce noise levels in order to ensure that nearby residents are not disturbed.

 

·  Access and parking

 

A new access is proposed to serve the development. The applicant has submitted adequate information to demonstrate that the required visibility splays can be achieved. Highway officers have raised no objections to the scheme on highway safety. A footway is proposed to the front of the site to connect the development to the existing footpath to the northwest.

 

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

 

Councillor D Wilson moved approval as per officers recommendations.

 

Councillor C Armstrong seconded.

 

A vote was taken; 11 voted in favour of approval, 0 against.

 

The motion in favour of approval was carried.

 

 

 

Decision

 

Approved

 

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:

LOC - Location Plan (need amended site location that includes access and visibility in red line to match block plan)

A-100 Rev A - Site Plan (amendment received 19 September 2017)

A-101 Rev A - Floor Plan (amendment received 19 September 2017)

A-102 Rev A - Elevations (amendment received 19 September 2017)

A-103 Rev A - Elevations (amendment received 19 September 2017)

A-105 Rev A - Site Sections (amendment received 19 September 2017)

A-109 Block Plan received (amendment received 19 September 2017)

Tree and Hedge Assessment

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 development shall not commence until visibility splays providing clear visibility of 43 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. 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 shall be planted or be permitted to grow within the visibility splays which exceed 1 metre in height and obstruct the visibility splays. The visibility splays shall be constructed before general development of the site commences so that construction traffic is safeguarded.

Reason: To ensure a satisfactory means of access for the development during the construction and operational use of the site, in compliance with the National Planning Policy Framework and Policy S2 and S22 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

4.  Prior to the construction of the building above plinth level a 1.5m wide footway along the highway frontage as shown on drawing number A-109 (to an acceptable standard in accordance with the Cumbria Design Guide) shall be submitted to and approved by the Local Planning Authority. The approved scheme shall be fully implemented prior to the use of the building hereby approved commencing.

Reason: To ensure satisfactory facilities for pedestrians in the interests of highway safety.

 

5.  The use shall not be commenced until the access and parking requirements have been constructed in accordance with the approved plan. Any such access and or parking provision 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.

 

6.  Prior to the commencement of works details of the surface water drainage works, including any attenuation measures to demonstrate that no greater run off rate than the existing greenfield site shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be fully implemented prior to the occupation of any of the dwellinghouses hereby approved.

Reason: To ensure a satisfactory means of surface water drainage and minimise the risk of flooding from the development in comparison to an assessment of its existing undeveloped state, in compliance with the National Planning Policy Framework, Policies S29 and S2 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

7.  No part of the development hereby permitted shall be built above ground floor level until there has been submitted to and approved by the Local Planning Authority a scheme of hard and soft landscaping which shall include indications of all existing trees and shrubs on the site, and details of any to be retained, together with measures for the protection in the course of development. All planting, seeding or turfing comprised within the scheme shall be carried out in the first planting season following completion of the development and any trees or plants which within a period of 5 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 other 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.

 

8.  No part of the development hereby permitted shall be commenced until full details of the

noise/ventilation/odour/lighting/noise mitigation measures to be installed at the property (including noise attenuation measures and predicted noise levels at the discharge point) have been submitted to and approved in writing by the Local Planning Authority. These measures shall be installed in accordance with the approved details and shall be fully operational before the use commences. The measures shall be retained as approved and maintained operational for the lifetime of the development.

Reason: To safeguard an acceptable standard of amenity for the occupiers of the dwellinghouses hereby approved in accordance with the National Planning Policy Framework and Policy S32 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

9.  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.

 

10. Should land affected by contamination be identified under the desktop study condition 9 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.

11. Should a remediation scheme be required under condition 10, 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.

 

12. 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.