Agenda, decisions and minutes

Development Panel
Tuesday 26th June, 2018 1.00 pm

Venue: Council Chamber, Allerdale House. View directions

Contact: Dean Devine  01900 702502

Items
No. Item

70.

Minutes pdf icon PDF 74 KB

To sign as a correct record the minutes of the meeting held on 29 May 2018.

Minutes:

The minutes of the meeting held on 29 May 2018 were signed as a correct record.

71.

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 declared.

72.

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.

73.

2/2017/0587 - Former Auction Mart, 93 High St, Wigton - Residential development for 110 dwellings pdf icon PDF 3 MB

Minutes:

Representations

 

Sandra Hodson, Anne Jackson, Deborah Hayward, Joe Brown and Philip Hayward spoke in objection to the application.

 

The applicant’s agent, Phil Jones spoke in support of the application.

 

Application

 

The Planning Implementation Manager recommended approval subject to conditions and the completion of a s106 agreement (the ability to approve the application following the completion of the s106 agreement being delegated to officers).

 

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

 

  • Principle of Development:

 

The scale of development proposed for this site in the Key Service Centre of Wigton Policy S5 of the Allerdale Local Plan Part 1 (ALPP1) states that new development will be concentrated within the physical limits of the Key Service Centre. The proposed development site lies outside of but directly adjacent to the defined settlement limit for Wigton.

 

Notwithstanding the adoption of the Local Plan Part 1 and the spatial strategy contained therein, the defined limits for individual settlements continue to be derived from the Allerdale Local Plan 1999. The LPA is currently in the process of reviewing settlement limits as part of the site allocations process but this document, the Allerdale Local Plan (Part 2), is still at an early stage of the process towards adoption and afforded little weight.

 

The Council can demonstrate a 5-year supply of housing and therefore the policies for supply of housing contained within the adopted Local Plan Part 1 2014 are to be considered up-to-date. Nevertheless, the delivery of the Council’s adopted housing strategy and meeting Objectively Assessed Need is predicated on the delivery of sites beyond the settlement limits within the 1999 Plan which are, by implication, out of date and afforded little weight.

 

Taking into account the overall thrust for growth within the Part 1 Local Plan, the significant contribution this proposal makes towards this growth and the substantial weight that should be afforded to this strategy, given its development plan status and consistency with the principles of sustainable development set out within the National Planning Policy Framework (NPPF), officers consider the principle of development should be supported.

 

Indeed, it is considered that the principle of development is acceptable and complies with the provisions of Policies S2, S3, S5 and DM16 of the Allerdale Local Plan (Part 1).

 

  • Impact on Highway Network:

 

No objections are raised by the local highway authority in relation to the proposed access arrangements for the site or the impact of residual vehicular trips from the proposed development on the local highway network.

 

The Highways Authority has requested a number of conditions be attached to provide adequate infrastructure and ensure a safe walking route is provided.

 

Officers conclude that the proposed development would not have a significant adverse impact on the local highway network and therefore is compliant with the provisions of Policies S2, S5 and S22 of the Allerdale Local Plan (Part 1).

 

  • Affordable Housing:

 

The proposed scheme would see 22 affordable units which represent 20% of the scheme. Although the low cost home ownership properties do not meet the specific need, on balance, with the delivery of a significant number of bungalows, it is considered that the level and type of affordable properties is acceptable. Officers consider this is in line with the provisions of Policy S8 of the Allerdale Local Plan (Part 1).

 

  • Landscape and Visual Impact:

 

The proposed scheme would see 22 affordable units which represent 20% of the scheme. Although the low cost home ownership properties do not meet the specific need, on balance, with the delivery of a significant number of bungalows, it is considered that the level and type of affordable properties is acceptable. Officers consider this is in line with the provisions of Policy S8 of the Allerdale Local Plan (Part 1).Officers consider that although the proposal may result in changes to the immediate landscape; the development when viewed from long range views would be seen in the context of the neighbouring existing built development of Wigton.

 

Officers conclude that the proposed development would not have a significant adverse impact on landscape character and visual amenity and therefore is compliant with the provisions of Policies S32 and S33 of the Allerdale Local Plan (Part 1).

 

  • Trees and Hedgerows:

 

Officers conclude that a proposed layout is achieved that safeguards, where possible, existing trees and hedgerows that contribute positively to the character of the local area and provide ecological value in compliance with the provisions of Policies S33, S35, and DM17 of the Allerdale Local Plan (Part 1).

 

  • Ecology:

 

Officers have considered the standing advice provided by Natural England for protected species. Based on the information and guidance contained therein, officers consider that the proposed development would not cause significant harm to protected species that may roost, forage or commute within the site.

 

Officers conclude that the proposed development would not have a significant adverse impact on ecology and therefore is compliant with the provisions of Policies S35 of the Allerdale Local Plan (Part 1).

 

  • Flood Risk and Drainage:

 

The applicant has commissioned a Flood Risk Assessment that concludes the proposal will not result in any Flood Risk to the site or properties within the locality.

 

United Utilities have assessed the proposal and consider the proposal to be acceptable subject to conditions.

 

Officers conclude that the proposed development would not be liable to a high risk of flooding, or exacerbate flood risk elsewhere and the development is therefore compliant with the provisions of Policies S2 and S29 of the Allerdale Local Plan (Part 1).

 

  • Heritage Assets:

 

The proposal is considered to result in less than substantial harm to heritage assets and this harm is outweighed by the public benefits of the proposal, most. Although there is the potential for archaeological remains on site a condition can ensure these are examined and recorded prior to the commencement of development.

 

  • Residential Amenity:

 

The proposal will have some impact on existing properties; however, the effects of the development of the amenities of the occupiers of these properties are not considered to be significant.

 

The resulting impacts would not be significantly harmful in terms of overlooking, overshadowing, over-dominance or loss of privacy. The proposal is considered to be acceptable in accordance with policies S32 of the ALPP1.

 

  • Design and Appearance:

 

The design of the properties and layout is considered to be acceptable and is in the form of the standard house types of the developer that are utilised on a cross-regional basis. However, some of the units have been adapted to incorporate bespoke external detailing. These units would incorporate detailing such as stone and render elevations.

 

Members noted the representations received in respect of the application, the main grounds of which were set out in the report. Members also noted the additional consultations received since the preparation of the officer’s report which included two further letters of objection relating to issues already addressed within the main report. One letter highlighted that the swimming baths had an application that included the emergency vehicle access (EVA) and that the baths’ traffic was not included within the traffic management document.

 

Members also noted that Historic England had responded to the consultation with no objection to the application.

 

The meeting adjourned and then reconvened. A discussion ensued in relation to traffic generation and highway safety, specifically in relation to the use of the emergency vehicular access and final clarification was sought from officers given an apparent conflict in information.

 

The Planning and Implementation Manager clarified that the EVA was for emergency vehicles only.

 

Councillor M Grainger moved that the application be approved as per the officer’s recommendation. This was seconded by Councillor J Osborn.

    

Councillor M Jenkinson moved an amendment to the motion, to include further mitigation in relation to the removal of the oak tree within the conditions.

 

The meeting adjourned and then reconvened.

 

Further discussion ensured in relation to the amenity value of the oak tree and the use of the EVA.

 

Councillor M Jenkinson withdrew his amendment to the motion.

 

The Planning and Implementation Manager suggested to members that they could consider an extra condition relating to the restricted use of the EVA if they considered it necessary.

 

A vote was taken on the motion for approval as per the officer’s recommendation with the additional EVA condition. 6 voted in favour, 4 voted against. The motion was carried.

 

Decision

 

Approved subject to the conditions in the report, the additional EVA condition and the signing of a s106 agreement (the authority to approve delegated to officers upon the completion of the s106 agreement).

 

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.

 

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

WIG-PHS-XX-00-DR-A00-001 Rev P2 - Site Location Plan

1060-01 - Landscape Strategy plan

4060 SK001 001 - General access arrangement plan

4060 SK001 002 - Proposed access arrangement plan-engineering plan

4060 SK001 007 Swept Path Analysis plan

4060 SK001 008 Visibility Splays - Amended Drawing received 16 February 2018

WIG-PHS-XX-00-DR-A-00-100 Rev P5 - Proposed Masterplan - Amended

Drawing received 23 March 2018

WIG-PHS-XX-00-DR-A-00-101 - Rev P4 Proposed Master Plan – Hard Landscaping - Amended Drawing received 23 March 2018

WIG-PHS-XX-00-DR-A-00-102 Rev P1 - Proposed Master Plan – Landscaping Plan WIG-PHS-XX-ZZ-DR-A-20-005 Rev P3 - HT01- 2B3P Bungalow (61sqm)

Elevations WIG-PHS-XX-ZZ-DR-A-22-105 Rev P2 - HT01- 2B3P Bungalow (61sqm) Ground Floor and Roof Plan

WIG-PHS-XX-ZZ-DR-A-22-122 Rev P1 - HT01A - 2B3P Bungalow (61sqm)

Ground Floor and Roof Plan- Amended Drawing received 23 March 2018

WIG-PHS-XX-ZZ-DR-A-22-022 Rev P1 - HT01A - 2B3P Bungalow (61sqm)

Elevations- Amended Drawing received 23 March 2018

WIG-PHS-XX-ZZ-DR-A-20-006 Rev P3 - HT02- 2B4P Bungalow (70sqm)

Elevations WIG-PHS-XX-ZZ-DR-A-22-106 Rev P3 - HT02- 2B4P Bungalow (70sqm) Ground Floor and Roof Plan

WIG-PHS-XX-ZZ-DR-A-20-023 Rev P1- HT02A - 2B4P Bungalow (70sqm)

Elevations- Amended Drawing received 23 March 2018

WIG-PHS-ZZ-DR-A-22-123 Rev P1 - HT02A - 2B4P Bungalow (70sqm) Ground

Floor and Roof Plan - Amended Drawing received 23 March 2018

WIG-PHS-XX-ZZ-DR-A-20-007 Rev P3 - HT03- 3B5P Bungalow (86sqm)

Elevations WIG-PHS-XX-ZZ-DR-A-22-107Rev P3 - HT03- 3B5P Bungalow (86sqm) Ground Floor and Roof Plan

WIG-PHS-XX-ZZ-DR-A-22-124 Rev P1- HT03A - 3B5P Bungalow (86sqm)

Ground Floor and Roof Plan- Amended Drawing received 23 March 2018

WIG-PHS-XX-ZZ-DR-A-20-024 - Rev P1 - HT03A - 3B Bungalow (86sqm)

Elevations- Amended Drawing received 23 March 2018

WIG-PHS-XX-ZZ-DR-A-20-008 Rev P3 - HT04- 2B4P House (79sqm)

Elevations

WIG-PHS-XX-ZZ-DR-A-22-108 Rev P3 - HT04- 2B4P House (79sqm) Ground First and Roof Plan

WIG-PHS-XX-ZZ-DR-A-20-009 Rev P3 - HT05- 2B4P House (79sqm)

Elevations

WIG-PHS-XX-ZZ-DR-A-22-109 Rev P3 - HT05- 2B4P House (79sqm) Ground First and Roof Plan

WIG-PHS-XX-ZZ-DR-A-20-010 Rev P3 - HT06- 3B5P House (93sqm)

Elevations

WIG-PHS-XX-ZZ-DR-A-22-110 Rev P3 - HT06- 3B5P House (93sqm) Ground First and Roof Plan

WIG-PHS-XX-ZZ-DR-A-20-018 Rev P3- HT06 A- 3B5P House (93sqm)

Elevations

WIG-PHS-XX-ZZ-DR-A-22-118 Rev P3 - HT06 A- 3B5P House (93sqm) Ground First and Roof Plan

WIG-PHS-XX-ZZ-DR-A-20-011 Rev P5 - HT07- 3B5P House (93sqm)

Elevations - Amended Drawing received 23 March 2018

WIG-PHS-XX-ZZ-DR-A-22-111 Rev P3 - HT07- 3B5P House (93sqm) Ground First and Roof Plan

WIG-PHS-XX-ZZ-DR-A-20-019 Rev P3 - HT07 A- 3B5P House (93sqm)

Elevations

WIG-PHS-XX-ZZ-DR-A-22-119 Rev P3 - HT07 A - 3B5P House (93sqm) Ground First and Roof Plan

WIG-PHS-XX-ZZ-DR-A-20-012 Rev P3 - HT08 - 3B5P House SL (93sqm)

Elevations WIG-PHS-XX-ZZ-DR-A-22-112 Rev P3 - HT08- 3B5P House SL

(93sqm) Ground First and Roof Plan

WIG-PHS-XX-ZZ-DR-A-20-014 Rev P3 - HT10- 4B7P House (115sqm)

Elevation

WIG-PHS-XX-ZZ-DR-A-22-114 Rev P3 - HT10- 4B7P House (115sqm) Ground First and Roof Plan

WIG-PHS-XX-ZZ-DR-A-20-015 Rev P7 - HT11 - 4B7P House (136sqm) Elevations- Amended Drawing received 23 March 2018

WIG-PHS-XX-ZZ-DR-A-22-115 Rev P3 - HT11- 4B7P House (136sqm) Ground First and Roof Plan

WIG-PHS-XX-ZZ-DR-A-20-016 Rev P3 - HT12- 4B7P House (115sqm)

Elevations WIG-PHS-XX-ZZ-DR-A-22-116 Rev P3 - HT12- 4B7P House (115sqm) Ground First and Roof Plan

WIG-PHS-XX-ZZ-DR-A-20-021 Rev P3 - HT12 A- 4B7P House (115sqm)

Elevations WIG-PHS-XX-ZZ-DR-A-22-121Rev P3 - HT12 A - 4B7P House (115sqm) Ground First and Roof Plan

WIG-PHS-XX-ZZ-DR-A-20-017 Rev P3 - GR01-Single Garage

WIG-PHS-XX-ZZ-DR-A-22-117 Rev P3 - GR01-Single Garage

WIG-PHS-XX-00-DR-A-00-102 Rev P1 - Proposed Master Plan –Landscaping Plan WIG-PHS-XX-00-DR-A-21-201 Rev P1 - Site Sections Proposed and Existing Framework Residential Travel - Plan 4 December 2017- Version 1.0

Transport Assessment dated 5 December 2017 Version 2

Flood Risk Assessment - Revision D - 2017051 - January 2018

Flood Risk Assessment Appendix I - Surface Water Maintenance Schedule

Geoenvironmental Appraisal Dunelm report reference 8124 dated 23/6/17 and D8124/2 dated 7/8/17 Ecology Report Final OP-Hopes Auction Mart-17/TRE07v1Tree Report 04-

12-17 Final Rev4 Dated March 2016

2017051 SK06 Rev A - Works to existing stone wall - Amended plan received 12 April 2018

 

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

 

  1. Prior to the commencement of works, a phasing plan showing the sequencing of the development for managing the construction and restoration works shall be submitted to and agreed in writing by the Local Planning Authority. The development shall thereafter be implemented solely in accordance with the approved scheme or as subsequently amended by written agreement with the Local Planning Authority.

 

Reason: To serve in the public and visual interests a satisfactory correlated order of development, in accordance with Policies S5 and DM14 of the Allerdale Local Plan (Part 1) Adopted July 2014.

 

  1. The carriageway, footways and footpaths shall be designed, 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 any part of the development hereby permitted is commenced. 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 completed.

 

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

 

  1. The development shall not commence until visibility splays providing clear as shown on drawing no 4060 SK001 001 - General access arrangement plan, 4060 SK001 002 - Proposed access arrangement plan-engineering plan and No 4060 SK001 008 Visibility Splays - Amended Drawing received 16 February 2018 and 2017051 SK06 Rev A - Works to existing stone wall - Amended plan received 12 April 2018 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) (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 or placed and no trees, bushes or other plants shall be planted or be permitted to grown within the visibility splay 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 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

  1. 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.

 

  1. No dwellings in the phase approved in condition 3 containing the link to the school shall be occupied until the Link is installed and brought into full operational use. Details of this link including its construction , gating and drainage to be agreed by the Local planning authority in consultation with the Local Highway Authority.

 

Reason: In the interests of highway safety

 

  1. 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: Traffic Management Plan to include all traffic associated with the development, including site and staff traffic, off site parking, turning and compound areas; 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. Mitigation measures to reduce adverse impacts on residential properties from construction compounds including visual impact, noise, and light pollution. A written procedure for dealing with complaints regarding the construction or demolition; Measures to control the emissions of dust and dirt during construction and demolition (including any wheel washing facilities); Programme of work for Demolition and Construction phase; Hours of working and deliveries; Details of lighting to be used on site. 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 and in the interests of highway safety , 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

 

  1. 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: formation of the construction compound and access tracks and any areas of hardstanding; cleaning of site entrances and the adjacent public highway; the sheeting of all HGVs taking spoil to/from the site to prevent spillage or deposit of any materials on the highway; post-construction restoration/reinstatement of the working areas How surface water will be managed on site during construction The Construction Method Statement shall be carried out as approved.

 

Reason: In the interests of highway safety.

 

  1. 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: the construction of the site access and the creation, positioning and maintenance of associated visibility splays; 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; 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; the preconstruction road condition established by a detailed survey for accommodation works within the highways boundary conducted with a Highway Authority representative; details of road improvement, construction specification, strengthening, maintenance and repair commitments if necessary as a consequence of the development; retained areas for vehicle parking, manoeuvring, loading and unloading for their specific purpose during the development; the surfacing of the access roads from the public highway into the site shall extend for a minimum of 25m; the management of junctions to and crossings of the public highway and other public rights of way/footway; the scheduling and timing of movements, temporary warning signs and banksman/escort details.

 

Reason: In the interests of highway safety.

 

  1. An annual report reviewing the effectiveness of the Travel Plan up to a period of 5 years and including any necessary amendments or measures shall be prepared by the developer/occupier and submitted to the Local Planning Authority for approval. Any subsequent amendments or measures approved by the Local Planning Authority shall be implemented in accordance with the approved details.

 

Reason: To aid in the delivery of sustainable transport objectives.

 

  1. Each dwelling hereby approved shall not be occupied until its respective vehicular access, parking and turning requirements have been constructed in accordance with the approved plan and have been brought into use. The vehicular access, parking and turning provisions shall be retained and capable of use at all times thereafter and shall not be removed or altered without the prior consent of the Local Planning Authority.

 

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

 

  1. The proposed garaging facilities hereby approved shall be retained at all times and shall not be used for or converted into habitable residential living accommodation without the written consent of the Local Planning Authority.

 

Reason: To ensure the provision of satisfactory vehicular parking facilities within the application site, in compliance with the National Planning Policy Framework and Policy S22 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

  1. Should land affected by contamination identified within the desktop study pose 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.

 

  1. Should a remediation scheme be required under condition 14, the approved strategy shall be implemented and a verification report submitted to and approved in writing by the Local Planning Authority,prior to the occupation of any dwelling house within its relevant phase under condition 3.

 

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.

 

  1. 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

 

  1. 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.

 

  1. The drainage for the development hereby approved, shall be carried out in accordance with principles set out in the submitted Flood Risk Assessment 2017051 - Revision D - 2017051 - January 2018 which was prepared by Portland Consulting Engineers and the drainage/engineering drawings as approved under condition 2. No surface water will be permitted to drain directly or indirectly into the public sewer. Any variation to the discharge of foul drainage shall be agreed in writing by the Local Planning Authority prior to the commencement of the development. No dwelling shall be occupied within each phase under condition 3 until the drainage scheme for that respective phase has been fully constructed in accordance with the approved details.

 

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

 

  1. The approved surface water drainage scheme shall be operated, maintained and managed after implementation in accordance with Flood Risk Assessment - Revision D - 2017051 - January 2018 Appendix I – Surface Water Maintenance Schedule The development shall be completed, maintained and managed in accordance with the approved details.

 

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

 

  1. 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 shall take place on plots 15, 16 and 32 to 46 as identified on drawing number 2017051-000-01 dated 14/11/17 at appendix H of the approved FRA (referenced 2017051 Rev D; dated January 2018) falling within Classes A, E and F of Part 1of 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 to ensure that the proposed flood relief box culvert is retained in perpetuity for the lifetime of the development.

 

  1. Prior to the occupation of the first dwelling full details of all play equipment to be installed on the local area of play, including its siting shall be submitted to and approved be the Local Planning Authority. The play equipment hereby approved shall be fully installed and available prior to the occupation of the 50th dwelling.

 

Reason: To ensure a satisfactory level of equipment is installed in accordance with policies S25 and DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

  1. Prior to the first occupation of any dwelling details of a management programme for all areas of public open space (including play equipment) and communal parking areas shall be submitted to and approved by the Local Planning Authority. The public open spaces and communal parking areas shall upon implementation of the permission be thereafter maintained in accordance with the approved management programme.

 

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.

 

  1. A management plan, including management responsibilities and maintenance schedules for all private roads, parking courts and parking bays that will not form part of the adopted highway, shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of any dwellinghouse hereby approved. The development shall thereafter be maintained at all times in accordance with the approved management plan.

 

Reason: To ensure the long term maintenance and management of unadopted roads and parking areas within the residential estate.

 

  1. All planting, seeding or turfing comprised within the scheme and shown on the landscaping plans approved under condition 2 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, in compliance with Policy DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

  1. A landscaping management plan including long term design objectives, management responsibilities and maintenance schedules for all landscape areas including public open space and landscaped buffers shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of any dwellinghouse hereby approved. The development shall thereafter be maintained at all times in accordance with the approved management plan.

 

Reason: To ensure the long term maintenance and management of public open space and landscaped buffers within the residential estate.

 

  1. The development shall be undertaken in accordance with the recommendations and mitigation measures contained within the submitted Tree and Hedgerow Assessment, OP-Hopes Auction Mart-17/TRE07v1Tree Report 04-12-17 Final Rev4 prepared by Openspace.

 

Reason: To ensure that existing trees and hedgerows are protected to an appropriate standard during the construction phase of the development in accordance with policy DM17 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

  1. 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) An archaeological recording programme, the scope of which will be dependant upon the results of the evaluation.

 

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.

 

  1. Where significant archaeological remains are revealed by the programme of archaeological work, these shall be carried out within two years of the completion of that programme on site, or within such timescale as otherwise agreed in writing by the Local Planning Authority : an archaeological post-excavation assessment and analysis, the preparation of a site archive ready for deposition at a store, the completion of an archive report, and the preparation and submission of a report of the results for publication in a suitable specialist journal.

 

Reason: To ensure that a permanent and accessible record by the public is made of the archaeological remains that have been disturbed by the development.

 

  1. No development shall take place until a detailed acoustic report on the existing noise climate at the development site has been submitted to and been approved in writing by the Local Planning Authority. The report shall include a scheme of noise insulation measures for the proposed residential accommodation. The noise assessment shall be carried out by a suitably qualified acoustic consultant/engineer and shall take into account the provisions of National Planning Policy Framework, BS4142: 2014 """"Method of rating industrial noise affecting mixed residential and industrial areas"""", BS 8233: 2014 """"Sound Insulation and Noise Insulation for Buildings - Code of Practice"""" and World Health Organisation Guidelines on Community Noise. The approved scheme for each dwelling shall be implemented prior to the occupation of the dwelling and be permanently maintained thereafter.

 

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.

 

  1. Notwithstanding the submitted plans details of the siting, height and type of all means of enclosure/screen walls/other means of enclosure on the western boundary adjacent to plots 1, 11, 12, 13, 14, 15, 16 and 32 shall be submitted to and approved by the Local Planning Authority prior to the occupation of any dwelling(s). Any such walls etc. shall be constructed prior to the approved dwelling being brought into use. 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 conservation area, surrounding area and safeguard the amenity of neighbouring properties.

 

  1. Notwithstanding the submitted plans details of the siting, height and type of all means of enclosure/screen walls/other means of enclosure on the eastern boundary adjacent to Stony Banks, Footpath 259007 and northern boundary adjacent to Footpath 259008 shall be submitted to and approved by the Local Planning Authority prior to the occupation of any dwelling(s). Any such walls etc. shall be constructed prior to the approved dwelling being brought into use. 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 conservation area and surrounding area.

 

  1. Prior to the commencement of development a survey of the private utilities crossing the site from properties served off Lowmoor Road, shall be submitted to and approved by the Local Planning Authority (including mitigation details of any diversions or protection of existing routes/utilities and their future maintenance). The development shall be completed, maintained and managed in accordance with the approved details.

 

Reason: In order to protect the existing utilities infrastructure services on the site.

 

  1. The section of the existing boundary stone wall adjacent to Laurel Terrace to be lowered (as outlined on the approved plan 2017051 SK06 Rev A – Works to existing stone wall - Amended plan received 12 April 2018) shall be taken down or re-built to a height no lower than 1m above the level of the highway adjacent to Laurel Terrace, in the same materials, coursing and pointing as the existing remaining stone wall to provide the visibility splays required by

Condition No. 5. The wall shall thereafter be retained at all times and shall not be removed or altered without the prior consent of the Local Planning Authority.

 

Reason: In the interests of highway safety and to safeguard and enhance the character and appearance of the development within the Conservation Area in compliance with Policies S4, S27 and DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

  1. The Emergency Vehicular Access (EVA) annotated on the approved masterplan shall not be used by any other vehicles other than emergency vehicles.

 

Reason: In the interests of highway safety as the Emergency Vehicular Access is designed only for occasional emergency vehicular access only to accord with policy S2 of the Allerdale Local Plan (Part 1), Adopted July 2014.

74.

2/2018/0034 - The Old Tan Yard, Laurel Terrace, Wigton - Application for change of use from B1 light industrial use to D1 nursery use class and erection of single storey extension pdf icon PDF 2 MB

Minutes:

Representations

 

Joe Brown spoke in objection to the application.

 

Councillor John Crouch, Ward Councillor for Wigton spoke in support of the application.

 

The applicant, Mr Smallwood and his agent, Mr Hale spoke in support of the application.

 

Application

 

The Planning Implementation Manager recommended approval.

 

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

 

  • Principle:

 

This development brings back into use a vacant building into an employment generating use that is an asset that will serve the community in a sustainable location.

 

  • Transport and Highways:

 

The site is in a sustainable location. Of the residual car borne trips, there will not be a material change in comparison to the reuse of the site for its extant use. Cumbria Highways have raised no objections in relation to highway safety, the proposal is considered acceptable.

 

  • Noise:

 

The site is within very close proximity to residential properties. A Noise Management Plan has been submitted with the proposal and Environmental Health has confirmed that they have no objections. On the basis of this advice, the proposal is considered acceptable in this regard.

 

  • Contamination:

 

A desk top study has been provided as part of the submission, both Environmental Health and Environmental Agency have confirmed that they raise no objections subject to conditions being placed.

 

Members noted the representations received in respect of the application, the main grounds of which were set out in the report. Members also noted the additional consultations received since the preparation of the officer’s report. A further objection had been received in relation to a procedure undertaken by the council. The objection related to the construction of a block built, flat felt roofed extension with grey UPVC windows to Conservation Area that will neither conserve nor enhance that conservation area.

 

Councillor R Munby moved that the application be approved as per the officer’s recommendation. This was seconded by Councillor M Jenkinson.

 

A vote was taken on the motion. 8 voted in favour, 2 voted against. The motion 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.

 

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

D.01 - Site Plan

D.02 - Proposed Floor Plans

D.03 - Proposed Elevations

Site Location Plan

Desk Top Study (Additional Information 11/04/2018)

Additional Movements Statement (Additional Information 08/02/2018)

Noise Management Plan (Additional Information 16/04/2018)

Ecological Assesment

Material information (Additional information received 09/05/2018)

 

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

 

  1. The use shall not be commenced until the access, parking and turning requirements have been constructed in accordance with the approved plan. Any such access, parking and turning 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: In the interests of highway safety.

 

  1. No development shall take place until details of the surface water drainage works, including any attenuation measures have been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be fully implemented prior to the occupation of the premises hereby approved and thereafter retained.

 

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 policies S29 and S2 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

  1. No development approved by this permission shall commence until a revised desktop study (preliminary risk assessment) has been submitted to and approved by the Local Planning Authority, which provides full details of the proposed site investigation works that have been informed by full development plans including landscaping and construction methods. 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 ensure that the proposed development does not pose a risk of pollution to controlled waters and to accord with policy S36 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

  1. 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 ensure that the proposed development does not pose a risk of pollution to controlled waters and to accord with policy S36 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

  1. 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 ensure that the proposed development does not pose a risk of pollution to controlled waters and to accord with policy S36 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

  1. 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 ensure that the proposed development does not pose a risk of pollution to controlled waters and to accord with policy S36 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

  1. The use hereby permitted shall be restricted to the hours of operation between 08:00 and 18:00 on Mondays to Fridays, and not at all on Saturdays, Sundays or Bank Holidays.

 

Reason: In the interests of preserving the amenity of neighbouring residents, in compliance with the National Planning Policy Framework and Policy S32 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

  1. The development hereby approved shall be implemented solely in accordance with the details within the Noise Management Plan received 16/04/2018. 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 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.

75.

2/2018/0032 - 4-5 Headford Court, Cockermouth - Installation of external mechanical extraction system and flue pdf icon PDF 2 MB

Minutes:

Councillor M Jenkinson left the meeting at 3.46 pm.

 

Application

 

The Planning Officer recommended approval.

 

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

 

  • Justification of need:

 

The extraction system and flue will replace the existing system that is not fit for purpose and without the benefit of planning permission.

 

  • Replacement system:

 

The proposals will provide the functionality to achieve the necessary odour control within noise limits with minimal impact on residential amenity and with an improvement on the current situation.

 

  • Heritage and visual impact:

 

There will be some visual impact from the proposals. However, the impact is not considered to be less than substantial harm to the significance of the listed buildings and Conservation Area. The benefits of the system in safeguarding residential amenity from odour and sustaining the business are considered to outweigh any harm. The impact on the enjoyment of the Public Right of Way is considered not to be significant.

 

  • Planning history:

 

A flue of similar dimensions was previously approved by the Council and installed on the same elevation in 1999. This has since been removed following the flooding and re-occupation of the building in 2015

 

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

 

Councillor R Munby moved that the application be approved as per the officer’s recommendation. This was seconded by Councillor M Grainger.

 

A vote was taken on the motion. The vote in favour was unanimous. The motion 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.

 

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

002 Rev A Existing & Proposed Rear and Side Elevations/Site Plan/Block

Plan (amended plan 14/5/2018)

Aspava Layout Option 1 (amended plan 14/5/2018)

 

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

 

  1. The flue and extraction system shall be manufactured with a grey matt paint finish, details of which shall be provided to the Local Planning Authority and approved in writing before the system is installed.

 

Reason; In order to minimise visual impact

76.

2/2018/0239 - 4-5 Headford Court, Cockermouth - Listed building consent for installation of external mechanical extraction system and flue pdf icon PDF 2 MB

Minutes:

Application

 

The Planning Officer recommended approval.

 

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

 

  • Listed Building:

 

The proposed works will have some degree of impact upon the significance of the listed building. However, the impact is considered to be less than substantial harm. The flue is a necessary, subservient system to enable the continued use of the building. Ensuring its continued use in this way promotes investment into the fabric and the overall preservation of the architectural and historic qualities that the asset possesses.

 

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 that the application be approved as per the officer’s recommendation. This was seconded by Councillor M Grainger.

 

A vote was taken on the motion. The vote in favour was unanimous. The motion was carried.

 

Decision

 

Approved

 

Conditions

 

  1. The works hereby permitted shall be begun before the expiration of five years from the date of this consent.

 

Reason: In order to comply with Section 18 of the Planning (Listed building and Conservation Areas) Act 1990.

 

  1. The works hereby consented shall be carried out solely in accordance with the following plans:

002 Rev A Existing & Proposed Rear and Side Elevations/Site Plan/Block Plan (amended plan 14/5/2018)

Aspava Layout Option 1 (amended plan 14/5/2018)

 

Reason: In order to ensure that the works are carried out in complete accordance with the approved plans to preserve the architectural and historic qualities that the building possesses.

 

  1. The flue and extraction system shall be manufactured with a grey matt paint finish, details of which shall be provided to the Local Planning Authority and approved in writing before the system is installed.

 

Reason: To preserve the architectural and historic qualities that the building possesses.

77.

HOU/2018/0112 - Fellcroft, Windmill Lane, Cockermouth - 1.5m extension to existing decking pdf icon PDF 2 MB

Minutes:

Application

 

The Planning Implementation Manager recommended approval.

 

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

 

 

  • Design:

 

The proposal is of an appropriate design for the application site and surrounding area.

 

  • Residential amenity:

 

The proposal offers a similar outlook to the existing deck in place at the site and therefore would not result in any further loss of residential amenity.

 

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

 

Councillor M Grainger moved that the application be approved as per the officer’s recommendation. This was seconded by Councillor R Munby.

 

A vote was taken on the motion. The vote in favour was unanimous. The motion 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.

 

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

Block Plan and Elevations

Location 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.

78.

2/2017/0579 - Former Cottage Hospital, Cockermouth - Demolition of existing building and erection of retirement living accommodation (40 apartments) together with communal facilities, landscaping and car parking pdf icon PDF 1 MB

Minutes:

Representations

 

The applicant’s agent, Andrew Mangham spoke in support of the application.

 

Application

 

The Planning Officer proposed a new recommendation that members delegate the power to approve the application subject to the conditions within the report upon the expiration of the publicity period (setting of listed building).

 

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

 

  • Principle:

 

Acceptable use for the locality.

 

  • Design, materials and siting:

 

Acceptable design, materials and siting of development for this edge of town centre locality and near to the existing hospital and residential area.

 

  • Access and parking:

 

Acceptable visibility splays. 30 car parking spaces suitable layout and number for the retirement accommodation use.

 

  • Drainage:

 

Foul drainage to mains. Surface water to be secured by planning condition following the sustainable hierarchy principles.

 

  • Ecology:

 

Acceptable mitigation for bats subject to planning condition.

 

  • Landscaping:

 

Acceptable landscaping scheme. Maintenance can be secured by planning condition

 

  • Heritage assets:

 

Officers consider the development makes a neutral contribution to the significance of nearby listed buildings.

 

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

 

Councillor N Cockburn queried whether a permission could be subject to an additional condition or conditions relating to fire safety, the query relating to concerns following the use of particular types of cladding following the Grenfell Tower disaster.

 

The Planning Officer advised Panel that they had received an additional statement from the applicant’s agent confirming that a rendered blockwork wall would be used rather cladding.

 

The Planning and Implementation Manager advised that the matters raised by Councillor Cockburn were covered by other legislation, principally the Building Regulations. As such it was advised against imposing a condition on these grounds.

 

Councillor N Cockburn acknowledged the officer’s advice but moved that the application be approved as per the officer’s recommendation, subject to conditions being included specifying that sprinklers be included in the development and that cladding must be in line with British Standards with regards to fire safety. This was seconded by Councillor R Munby.

 

Councillor B Miskelly moved an amendment to the motion – that the application be approved as per the officer’s recommendation, without the extra conditions which were proposed. This was seconded by Councillor B Pegram.

 

A vote was taken on the amendment. 5 voted in favour, 4 voted against. The motion for the amendment was carried and thus became the substantive motion.

 

A vote was taken on the substantive motion – that the application be approved as per the officer’s recommendation. 4 voted in favour, 5 voted against. The motion was lost.

 

Councillor N Cockburn moved again that the application be approved as per the officer’s recommendation, subject to conditions being included specifying that sprinklers be included in the development and that cladding must be in line with British Standards with regards to fire safety. This was seconded by Councillor J Farebrother.

 

Again, Councillor B Miskelly moved an amendment to the motion – that the application be approved as per the officer’s recommendation, without the extra conditions which were proposed. This was seconded by Councillor B Pegram.

 

A vote was taken on the amendment. 3 voted in favour, 5 voted against and 1 abstained from voting. The motion for the amendment was lost.

 

A vote was taken on the motion – that the application be approved as per the officer’s recommendation, subject to conditions being included specifying that sprinklers be included in the development and that cladding must be in line with British Standards. 6 voted in favour, 3 voted against. The motion was carried.

 

Decision

 

That the authority to approve the application subject to the conditions specified in the officer’s report and the additional conditions relating to sprinklers and fire safety be delegated to officers upon the expiration of the publicity period (setting of listed building).

 

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.

 

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

TPL 16-134-001.01 Transport Statement with Appendices

TPL 16-34-002.01Addendum to Transport Statement

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

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

NE-2064-3.2-AC-01 - Site Location and Context Plan

NE2064-3.2-AC-02 Rev A dated 2.2.18. Visibility splays

NE-2064-3.2-AC-02 Rev B Site levels

NE-2064-3.2-AC-02 Rev C - Proposed site plan 4.4.18

NE-2064-3.2-AC-03 LA 01A Landscape General Arrangement Plan 16.2.18

NE-2064-3.2-AC-03 LA 03 Detailed Landscape Plan 16.2.18

NE-2064-3.2-AC-06 Rev C - Proposed Context Elevations 24.5.18

NE-2064-3.2-AC-07 Rev C - Proposed Elevations Sheet 1 of 24.5.18

NE-2064-3.2-AC-08 - Proposed Elevations Sheet 2 of 2 Rev B 24.5.18

NE-2064-3.2-AC-03 Artist Impression 1Rev C

NE-2064-3.2-AC-03 Artist Impression 2 Rev C

NE-2064-3.2-AC-03 Artist Impression 3 Rec C

NE-2064-3.2-AC-03 Artist Impression 17 Rev B

NE-2064-3.2-AC-09 - Proposed Site Sections 15.12.17

NE-2064-3.2-AC-10 - Proposed Floor Plans Rev A 16.2.18

NE-2064-3.2 –AC-16.1 Rev A Shadow Assessment 2.2.18

NE-2064-3.2 –AC-16.2 Rev A Shadow Assessment 2.2.18

NE-2064-3.2 –AC-16.3 Shadow Assessment 2.2.18

NE-2064-3.2 –AC-16.4 Shadow Assessment 2.2.18

Tree Survey and Impact Assessment 16.1.18

Archaeological Desk Based Assessment

Bat Presence - Absence Survey

Biodiversity Plan - Cockermouth Cottage Hospital 16.1.18

Email 1.2.18

Fig E3a Mitigation Compensation plan 17.4.18

Fig E3b Mitigation Compensation plan 17.4.18

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

Cover letter

Design and Access Statement

Extended Phase 1 Habitat Survey

Ground Investigation Report

Heritage Statement

Housing Need Report

Phase 1 Desktop Study Report

Planning Statement

Statement of Community Involvement

Speed Survey 2.2.18

Affordable Housing statement 16.2.18

Constructional Environmental Plan

Amendment Constructional Environmental Plan Rev 2 26.3.18

Amended Constructional Environmental Plan 10.4.18

 

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

 

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

 

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

 

  1. Details of all measures to be taken by the applicant/ developer to prevent surface water discharging onto or off the highway shall be submitted to the Local Planning Authority for approval prior to development being commenced. Any approved works shall be implemented prior to the development being completed and shall be maintained operational thereafter.

 

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

 

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

 

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

 

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

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

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

 

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

 

  1. 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.

 

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

• pre-construction road condition established by a detailed survey for accommodation works within the highways boundary conducted with a Highway Authority representative; with all post repairs carried out to the satisfaction of the Local Highway Authority at the applicants expense;

details of proposed crossings of the highway verge;

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

• cleaning of site entrances and the adjacent public highway;

details of proposed wheel washing facilities;

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

construction vehicle routing;

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

 

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

 

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

NE-2064-3.2-AC-03 LA 01A Landscape General Arrangement Plan 16.2.18

NE-2064-3.2-AC-03 LA 03 Detailed Landscape Plan 16.2.18

The approved scheme shall be fully implemented within the first planning season following the occupation of the apartments approved and any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless otherwise agreed in writing by the Local Planning Authority.

 

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

 

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

 

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

 

  1. The development shall not be brought into use until visibility splays providing clear visibility of 2.4 x 43m metres measured down the centre of the access road and the nearside channel line of the major road have been provided at the junction of the access road with the county highway in accordance with drawing NE2064-3.2-AC-02 Rev A dated 2.2.18.

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

 

Reason: To ensure an acceptable standard of highway access during the construction and operational use of the site, in compliance with the National Planning Policy Framework and Policy S2 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

  1. The land use hereby approved shall not be occupied until the vehicular access, parking and turning requirements have been constructed in accordance with the approved plans ref:

NE-2064-3.2-AC-03 LA 01A 16.2.18 and NE2064-3.2-AC-02 Rev C dated 4.4.18 and have been brought into use. The vehicular access, parking and turning provisions shall be retained and capable of use at all times thereafter and shall not be removed or altered without the prior consent of the Local Planning Authority.

 

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

 

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

 

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

 

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

 

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

 

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

 

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.

 

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

 

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

 

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

 

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

 

  1. 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.

 

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

 

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

 

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

 

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

 

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

 

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

 

  1. Prior to development commencing, details of the Fire Risk Strategy to include matters of external materials and cladding, construction techniques and sprinkler systems shall be submitted to the Local Planning Authority for approval. The approved details shall be fully implemented prior to occupation of the residential apartments and shall be maintained thereafter in accordance with the approved plans and Fire Risk Strategy.

 

Reason: In the interests of public and residents safety.