Agenda, decisions and minutes

Development Panel
Tuesday 9th January, 2018 1.00 pm

Venue: The Oval Centre, Workington

Contact: Kathryn Magnay  01900 702635

Items
No. Item

285.

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.

286.

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.

287.

2/2017/0382 - Solway Holiday Village, Skinburness Drive, Silloth - Extension to exiting residential caravan park for the siting of 42 residential caravans pdf icon PDF 2 MB

Minutes:

Representations

 

The Agent Bruce Payne spoke in support of the application.

 

Application

 

The Principal Planning Officer recommended approval.

 

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

 

·  Principle

 

Considered acceptable in terms of scale to support existing park

Homes

 

·  Sitting

 

Acceptable adjacent to existing development

 

·  Design and materials

 

Design and materials considered acceptable

 

·  Residential amenity

 

No significant effects on residential amenity

 

·  Access and parking

 

Access through existing site and sufficient parking achievable

 

·  Drainage

 

Consider a satisfactory scheme can be achieved

 

·  Archaeology

 

Archaeological recording considered appropriate

 

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

 

Councillor C Armstrong moved approval as per officer’s recommendations.

 

Councillor M Grainger 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:

HAG39-1-001A Location Plan 24-11-17 - Amended Plan received 24 November 2017

HAG39-1-001 Location Plan 24-11-17Amended Plan received 24 November 2017

16053-02G Proposed Layout 24-11-17- Amended Plan received 24 November 2017

84 17 0740 Rev A – Elevations

84 17 0740 Rev A - Floor Plan

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.  No part of the development hereby permitted shall be commenced until full details of the carriageway, footways and footpaths have been submitted to and approved by the Local Planning Authority in consultation with the Highways Authority. 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 any part of the development is occupied and shall not be removed or altered without prior consent of the Local Planning Authority.

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

 

4.  Prior to the occupation of any caravan hereby approved details of a management programme for the maintenance of the road shall be submitted to and approved by the Local Planning Authority. The road upon implementation shall thereafter be maintained in accordance with the approved maintenance scheme.

Reason: To ensure the long term maintenance and management of the approved highway details.

 

5.  There shall be no vehicular access to or egress from the site other than via the approved access, unless otherwise agreed by the Local Planning Authority.

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

 

6.  Each individual caravan shall not be occupied 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.

 

7.  Finished floor levels are set no lower than 7.50m above Ordnance Datum (AOD).

Reason: To reduce the risk of flooding to the proposed development and future occupants.

 

8.  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 any dwelling(s). 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.

 

9.  No development shall commence within the site until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the Local Planning Authority. The written scheme of investigation will include the following components.

(a) An archaeological evaluation;

(b) A programme of archaeological analysis, preparation of a site archive ready for deposition at a store approved by the Local Planning Authority, completion of an archive report, and submission of the results for publication in a suitable journal.

Reason: To afford reasonable opportunity (prior to the excavation/disturbance of the site and any loss/damage to any potential important remains) for an examination to be made to determine the existence of any remains of archaeological interest within the site and for the examination and recording of such remains.

 

10. No development shall commence until full details including calculations 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 30 % 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) 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).

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.

 

11. Prior to the occupation of the dwelling(s) hereby approved details of the management and maintenance programme for the drainage works hereby approved shall be submitted to and approved in writing by the Local Planning Authority.

(i) The approved surface water drainage scheme shall be fully implemented prior to the occupation of any dwellinghouse, and maintained in accordance with the approved management and maintenance programme at all times thereafter. Prior to the occupation of the dwelling(s) hereby approved details of the management and maintenance programme for the drainage works hereby approved shall be submitted to and approved in writing by the Local Planning Authority.

(ii) The approved surface water drainage scheme shall be fully implemented prior to the occupation of any dwellinghouse, and maintained in accordance with the approved management and maintenance programme at all times thereafter.

Reason: To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution. This condition is imposed in light of policies within the NPPF and NPPG.

 

12. The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) Flood Risk Assessment (FRA) dated April 2017 compiled by A L Daines & Partnership LLP including its mitigation measures prior to the occupation of the development hereby approved detailed within the FRA.

1. Identification and provision of safe route(s) into and out of the site to an appropriate safe haven.

2. Finished floor levels are set no lower than 7.5 metres above Ordnance Datum (AOD).

Reason: To ensure safe access and egress from and to the site and to reduce the impact of flooding on the proposed development and future occupants in compliance with the National Planning Policy Framework and Policy S29 of the Allerdale Local Plan, Part 1, July 2014.

13. Prior to the commencement of works a presence/absences survey for great crested newts shall be undertaken between April - June by a qualified consultant shall be submitted to and approved by the Local Planning Authority. Any approved mitigation measures shall be fully implemented in accordance with the approved detailed scheme.

Reason: To minimise the development impact from construction works on any protected species, in compliance with the National Planning Policy Framework, Policy S35 of the Allerdale Local Plan (Part 1), Adopted July 2014

 

14. Prior to and within two years of the commencement of demolition works on site, details of a bat emergence survey, a dawn survey or automated bat survey and further internal and external inspection by a qualified consultant shall be submitted to and approved by the Local Planning Authority. Any approved mitigation measures shall be fully implemented in accordance with the approved detailed scheme.

Reason: To safeguard any potential bat species during construction works at the application site, in compliance with the National Planning Policy Framework, Policy S35 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

15. Only foul drainage shall be discharged to the public sewer. No development shall commence until a scheme for the disposal of foul drainage from the site has been submitted to and approved by the Local Planning Authority in writing. The scheme shall be fully implemented as approved prior to the first occupation of the housing hereby approved and shall be maintained operational thereafter.

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

 

Councillor R Munby entered the meeting

288.

2/2017/0334 - Land Longcroft House, Grayson Green, High Harrington, Workington pdf icon PDF 1 MB

Minutes:

Representations

 

Karen Thompson spoke in objection to the application.

Pauline Sorfleet spoke in objection to the application.

A presentation was given on behalf of Wilson Matear in objection to the application.

 

Councillor Hilary Harrington spoke as Ward Councillor

 

The Agent Anthea Jones spoke in support of the application.

 

Application

 

The Principal Planning Officer recommended approval subject to the requirement of Section 106.

 

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

 

·  Design and sitting

 

The design, siting and materials are considered to be acceptable for the dwelling and the associated boundary treatments. The dwelling has been partially re-sited; 1 metre closer (8m distant) from the neighbouring dwelling known as ‘The Farm House’. This is the north east gable elevation. Overlooking from windows could be prevented by obscure glazing secured by planning condition.

 

·  Access

 

No objections from Cumbria Highways. Amendments proposed to re-site and reduce the height of the boundary wall will improve access to the lane for neighbours and users of the land and will be more aesthetically pleasing.

 

·  Drainage

 

Foul drainage – To mains.

Surface water drainage – To soakaway. This is on third party land and will require a section 106 to secure future maintenance arrangements.

 

·  Public Rights of Way

 

No adverse impact on the public right of way.

 

·  Residential amenity and landscaping

 

The proposed landscaping and boundary arrangements are considered acceptable however there have been neighbour objections regarding the position of the boundary wall adjacent to the lane.

 

The alterations to the dwelling itself are considered to be minor

alterations to that which was approved under 2/2014/0089 and residential impacts are considered to be acceptable. Mitigation provided to prevent overlooking of neighbouring properties includes screening of the rear balcony, and obscure glazing to the north east elevation. There will be tree and shrub planting and the removal and reduction in height of the boundary wall to the access lane to the north east elevation.

 

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

 

Councillor M Fitzgerald moved refusal on the grounds of policy S4 design principals supported by DM14 standards of good design.

 

The Head of Place Development advised members that although these policies were relevant it was insufficient to simply quote the reason. Members would need to clarify the conflict on the policies and the harm caused before the motion can be accepted.

 

Councillor M Fitzgerald added policy S32 to her motion quoting section c and d.

 

The Head of Place Development reiterated to members that they would need to identify the conflict with the policy and the harm which resulted from this. It was also important to consider that planning permission had previously been granted for a dwelling and it was therefore important to consider whether the current proposal would result in impacts over and above the impacts of the dwelling previously approved.

 

There was no seconder to the motion therefore the motion was lost.

 

Councillor T Annison moved approval as per officer’s recommendations.

 

Councillor B Pegram seconded.

 

A vote was taken; 10 voted in favour of approval, 2 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:

SM/DWELL/SP1 - Site location plan (2/2014/0089)

LON-001001-A Detailed Comparison Plan Approved and Built 20September 2017

B8239 SK600D Proposed Landscape Plan received 15 December 2017

B8239 SK601D Proposed Surface Water Plan received 15 December 2017

B8239 SK700D Proposed NE Elevation (swept wall) received 18 December 2017

LON-001-002 Topographical detail received 18 December 2017

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.  No part of the development hereby permitted shall be occupied until there has been the completion of the boundary treatments in accordance with drawing numbers B8239SK600D Proposed Landscape Plan and B8239 SK700D Proposed NE elevation (swept wall). All planting 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.

 

4.  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 Part 1 and Part 2 of Schedule 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 and boundary treatments in the interests of the appearance of the site and safeguard the amenities of adjacent properties.

 

5.  The approved level 5 obscure glazing to windows to the north east elevation (lane side) hereby approved under NE elevation drawing B8239/SK700 D shall be fully implemented prior to the occupation of the dwelling approved and shall be retained at all times thereafter unless agreed in writing with the Local Planning Authority.

Reason: To safeguard the residential amenity of the occupiers of neighbouring dwelling houses, in compliance with the National Planning Policy Framework and Policies S4, DM14 and DM15 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

6.  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.

 

7.  The approved balcony privacy wall (elevation drawing B8239/SK700D relating to the lane side (north east elevation), shall be fully implemented prior to the occupation of the dwelling approved and shall be retained at all times thereafter unless agreed in writing with the Local Planning Authority.

Reason: To safeguard the residential amenity of the occupiers of neighbouring dwelling houses, in compliance with the National Planning Policy Framework and Policies S4, DM14 and DM15 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

289.

2/2017/0247 - Fir Tree Farm, Seaville, Silloth - Erection of broiler unit and associated infrastructure (resubmission) pdf icon PDF 1 MB

Minutes:

Representations

 

Councillor John Cook spoke as Ward Councillor

 

The applicant Richard Storr and the agent Anthea Jones spoke in support of the application.

 

Application

 

The Principal Planning Officer recommended refusal.

 

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

 

·  Principle of Development

 

The building would be an isolated structure and is not considered to be located in an appropriate location and would not be supported by Local and National planning policy.

 

·  Landscape

 

The proposal is considered to have significant negative impacts on the landscape especially by virtue of the scale of the development and its location in a flat topographic landscape within the Solway Coast’s AONB.

 

·  Sitting

 

Considered to be in a detached isolated position away from the

main farm holding and built development.

 

·  AONB

 

Would have significant negative impacts on the setting of the

AONB.

 

·  Highways

 

No significant effects on road network.

 

·  Noise

 

No significant harm arising from the proposal.

 

·  Flood risk

 

An acceptable flood risk assessment has been submitted and any

potential impacts from drainage of the site could be mitigated by

condition.

·  Ecology

 

No significant effects arising from the proposal.

 

·  Residential amenity

 

The proposal is unlikely to have a significant adverse impact on

residential amenity.

 

·  Design

 

Standard agricultural construction deemed acceptable for type of

development.

 

·  Need

 

Justified as a form of farm diversification.

 

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

 

Councillor B Miskelly moved refusal, no seconder therefore the motion failed.

 

Councillor T Markley moved approval on the grounds it was considered the proposal would have a low impact on the AONB which would be outweighed by the economic benefits associated with the diversification of the farming operation. The wording of the appropriate conditions should be delegated to the Head of Place Development.

 

Councillor D Wilson seconded.

 

A vote was taken; 9 voted in favour of approval, 3 against.

 

The motion in favour of approval was carried.

 

Decision

 

Approved.