Agenda, decisions and minutes

Development Panel
Tuesday 18th September, 2018 1.00 pm

Venue: Council Chamber, Allerdale House. View directions

Contact: Gayle Roach  01900 702502

Items
No. Item

167.

Minutes pdf icon PDF 118 KB

To sign as a correct record the minutes of the meeting held on 21 August 2018.

 

Minutes:

The minutes of the meeting held on 21 August 2018 were signed as a correct record.

 

168.

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.

 

169.

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.

 

170.

2.2018.0292 - Proposed mixed use development consisting of a hotel (Use Class C1) with associated coffee shop (Class A3) unit and public house/restaurant (Use Class A3/A4), along with associated access, parking, landscaping, drainage and ancillary wo pdf icon PDF 2 MB

Minutes:

Representations

 

The applicant, David Wintle and agent, Osian Roberts spoke in support of the application.

 

Application

 

The report recommended granting permission subject to conditions.

 

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

 

  • Principle of development

 

The application site occupied a sustainable location on the strategic highway network which was well related to the town’s built environment. The principle of the development was therefore considered acceptable.

 

·  Sequential test/impact on the town centre

 

Evidence had been provided on alternative sites elsewhere in the town, but by virtue of their size or availability, none were suitable to meet the needs of the proposed development.

 

·  Highway Considerations

 

The highway authority considered the revised amendments were acceptable subject to conditions. The proposal had good links to the public transport network. The proposal was therefore considered to be a good sustainable location for transport in compliance with Policy S22 of the Allerdale Local Plan.

 

·  Drainage/flood risk considerations

 

The drainage details had been amended to the satisfaction of the drainage stakeholder authorities. The application flood risk assessment and its respective mitigation measures had also been accepted by the Environment Agency.

 

·  Impact on heritage assets

 

Sufficient evidence had been submitted with the application to demonstrate that the proposed development would result in significant public benefits and less than substantial harm to designated heritage assets within the vicinity of the site in compliance with Policy S27 of the Allerdale Local Plan.

 

·  Public open space

 

Under Policy S25 the development, albeit spatially absorbing the bulk of the site’s area, would retain, enhance and deliver a high quality compensatory public area which, in combination with the landscaping scheme of the development, would enhance the public open space/biodiversity/landscape offer to the local community.

 

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

 

Following member discussion, and the questions raised to the speakers, having concurred with the weighting of policy and material considerations detailed 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 for approval as per the officer’s recommendation, 11 voted in favour. The motion was carried.

 

Resolution

 

Permission granted subject to conditions.

 

Conditions

 

Time

 

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.

 

Accordance with approved details

 

2. With the exception of the details required by condition 9, the development hereby permitted shall be carried out solely in accordance with the following plans:

 

194 - 01 Location Plan.pdf

194 - 02 Rev J Proposed Site Plan.pdf

Amended Dwg 194-03 Rev E Ground and First Floor Plans 3-8-18.pdf

194 - 04 Rev A Second and Third Floor Plans.pdf

194 - 05 Rev B Sections.pdf Amended Dwg 194-06 Rev F Hotel Elevations 3-  8-18.pdf

Amended Dwg 194-02 Rev K Proposed Site Plan 3-8-18.pdf

Amended Dwg MR17-035-103 Rev A Detailed Soft Landscape Proposals 3-8-  18.pdf

Amended Dwg 194-11 Rev D Proposed Site Plan with Street Scene 3-8-18.pdf

Amended Plan 17-7223-001 Rev P 10 Drainage and Levels Layout 09.08.18.pdf

4317-WD-(P)-005 Proposed Boundary Treatment.pdf

Marston’s Play Equipment Detail.pdf

MR18-034-101 Rev A Soft Landscape Proposals.pdf

MR18-035-101 Outline Soft Landscape Proposals.pdf

MR18-035-103 Detailed Soft Landscape Proposals.pdf

Lighting Plot.pdf

P9310-720-C External Lighting.pdf

 

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

 

 

Pre-commencement of any development

 

3.  Prior to the development commencing, full details of existing and proposed ground levels (with a minimum finished floor levels of 6.52 AOD) shall be submitted to and approved in writing by the Local Planning Authority. The development shall be completed in accordance with the approved details.

 

Reason: To ensure a satisfactory standard of development which is compatible with the character of the surrounding area and minimise the risk of flooding, in compliance with the National Planning Policy Framework and Policy S4 and S29 of the Allerdale Local Plan (Part 1) Adopted July 2014.

 

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

 

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

 

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

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

(b) Procedure to monitor and mitigate noise and vibration from the construction and demolition and to monitor any properties at risk of damage from vibration, as well as taking into account noise from vehicles, deliveries. All measurements should make reference to BS7445.

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

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

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

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

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

(h) Hours of working and deliveries;

(i) Details of lighting to be used on site.

 

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

 

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

 

6. 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 by the Local Planning Authority.

This written scheme will include the following components:

i) An archaeological evaluation;

ii) An archaeological recording programme the scope of which will be dependent upon the results of the evaluation;

iii) Where significant archaeological remains are revealed by the programme of archaeological work, a post-excavation assessment and 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 for an examination to be made to determine the existence of any remains of archaeological interest within the site and for the preservation, examination or recording of such remains).

 

7. The development shall not commence until visibility splays providing clear visibility to the maximum available extents x 2.4 metres measured down the centre of the access road and the nearside channel line of the major road have been provided at the junction of the access road with the county highway. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order) relating to permitted development, no structure, development , trees, bushes or other plants shall be planted or be permitted to grown within the visibility splay which obstruct the visibility splays. The visibility splays shall be constructed before general development of the site commences so that construction traffic is safeguarded.

 

Reason: In the interests of highway safety.

 

 

Pre-commencement of certain elements

 

8. No part of the A3/A4 (café/public house) development hereby permitted shall be commenced until full details of the noise, ventilation and odour control measures to be installed (including noise attenuation measures and predicted noise levels at the discharge point) have been submitted to and approved in writing by the Local Planning Authority. These measures shall be installed in accordance with the approved details and shall be fully operational before first occupation. The measures shall be retained as approved and maintained operational for the lifetime of the development.

 

Reason: In the interests of preserving the amenity of neighbouring residents and occupiers of the proposed hotel, in compliance with policy S32 of the Allerdale Local Plan, (Part 1), 2014.

 

9. Notwithstanding the submitted details and the provisions of condition 2, no part of the development hereby permitted shall be constructed above plinth level until details and representative samples of all external and roofing materials have been submitted to and approved by the Local Planning Authority. The materials so approved shall be used in the development.

 

Reason: To ensure a satisfactory standard of development which is compatible with the character of the surrounding area, specifically in relation to the setting of heritage assets in compliance with the National Planning Policy Framework and Policy S4 of Allerdale Local Plan (Part 1) Adopted July 2014.

 

10. Details of the level and specification of the carriageway, footways and footpaths within the site shall be submitted to the Local Planning Authority for approval before these said parts of the development hereby permitted are commenced. These details shall be in accordance with the standards laid down in the current Cumbria Design Guide. These said elements of the development so approved shall be constructed before any part of the development is first used and thereafter retained.

 

Reason: To ensure a minimum standard of construction within the approved development in the interests of highway safety in accordance with policy S2 of the Allerdale Local Plan (Part 1) Adopted July 2014.

 

11. Notwithstanding the submitted details, no part of the development hereby permitted shall be built above ground floor level until there has been submitted to and approved by the Local Planning Authority a scheme of hard and soft landscaping which shall include indications of all existing trees and shrubs on the site, and details of any to be retained, together with measures for the protection in the course of development. All planting, seeding or turfing comprised within the scheme shall be carried out in the first planting season following completion of the development and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with other similar size and species, unless otherwise agreed in writing by the Local Planning Authority.

 

Reason: In order to enhance the appearance of the development and minimise the impact of the development in the locality.

 

 

During development

 

12. The development shall be implemented in accordance with the remediation recommendations outlined in the GIP Site Investigation report dated 5/06/18. A verification report confirming their implementation shall be submitted to and approved in writing by the Local Planning Authority, prior to each respective part of the 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.

 

13. 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.

 

 

14.The drainage for the development hereby approved, shall be carried out in accordance with principles set out in the submitted Drainage and Levels Layout, ref: 17-7223-001 Issue P11, dated 22/02/2018, proposing surface water discharging into watercourse. No surface water will be permitted to drain directly or indirectly into the public sewer. Any variation to the discharge of foul shall be agreed in writing by the Local Planning Authority prior to the commencement of the development. The development shall be completed in accordance with the approved details.

 

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

 

15. In accordance with the minimum distances specified in the current issue of "Sewers for Adoption, no building on the application site shall be sited within :

 

(i) an access strip width of 10 metres, 5 metres either side of the centre line of each existing critical 1200mm diameter public sewers.

(ii)  an access strip width of 6 metres, 3 metres either side of the centre line of each existing 375mm and 150mm sewers.

 

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

 

16. The development shall be undertaken in accordance with the mitigation measures specified within the All Ecology Ecological Appraisal prepared by Consultants dated January 2018.

 

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.

 

17. The lighting details hereby approved external lighting ref lighting Plot, P9310-720-c .dated 3/5/18 including their siting, design, levels shall be solely implemented and operated in accordance with the approved details.

 

Reason:  To safeguard the amenity of nearby residential properties from the operational use, in compliance with the National Planning Policy Framework and Policy S32 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

18. Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.

 

Reason: To ensure that the proposed piling does not harm groundwater resources

 

 

Prior to first use/occupation

 

19. Before the use commences details of the arrangements for the storage and disposal of waste (including bottles) from the premises shall be submitted to and approved in writing by the Local Planning Authority. The details shall be implemented as approved and retained for the lifetime of the development.

 

Reason:  In the interests of safeguarding residential and visual amenity of other properties in the locality from the operational use of the application site, in compliance with the National Planning Policy Framework and Policy S32 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

20. The approved means of enclosure hereby approved shall be constructed prior to the approved buildings being brought into use. All means of enclosure so constructed shall be retained and no part thereof shall be removed.

 

Reason: To ensure a satisfactory standard of development which is compatible with the character of the surrounding area in accordance with Policy S4 of Allerdale Local Plan (Part 1) Adopted July 2014.

 

21. No part of the development hereby approved shall be first used/occupied until the parking, loading and unloading, and turning arrangements for that element of the development have been constructed in accordance with the approved layout plans. The approved parking/loading/turning provision shall thereafter 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 a minimum standard of parking, loading and turning provision when the development is brought into use in accordance with policy S2 of the Allerdale Local Plan (Part 1) Adopted July 2014.

 

22. Prior to occupation of either of the buildings hereby approved, a sustainable drainage management and maintenance plan for the lifetime of the development shall be submitted to the local planning authority and agreed in writing. 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.

 

 

Following completion and first use

 

23. The development hereby permitted shall be implemented in accordance with the approved Travel Plan. The measures identified in the Travel Plan shall be implemented by the operator of the approved hotel within 12 months of the hotel opening for business.

 

Reason: To aid in the delivery of sustainable transport objectives in accordance with policy S2 of the Allerdale Local Plan (Part 1) Adopted July 2014.

 

24. The level of noise from the public house premises  shall not exceed NR40 between the hours of 7.00am and 12.00pm Mondays to Sundays , as measured from the façade of the nearest noise sensitive land use at 1-6 Park Head Church Street, 2-6 North Watt Street and 34 Dora Crescent, Workington in accordance with BS7445:2003

 

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.

 

25. With the exception of the external customer areas (beer garden), the public house hereby permitted shall be restricted to solely operate between the hours of 07.00 hrs and 00:00hirs (midnight) on Mondays to Sundays.

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

 

26. With the exception of access, the use of the public house’s external customer areas (beer garden) hereby permitted shall be restricted to the hours of operation between 07:00hrs and 22:00hrs Monday to Sunday

 

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.

 

27. The drive through cafeteria premises hereby permitted shall be restricted to operate solely between the hours of 06.30 and 22.30hrs Monday-Sundays.

 

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.

 

28. No deliveries (excluding refuse collection) shall be taken to, or orders despatched from any of the premises hereby approved between the hours of 18:00hrs and 07:00hrs Monday- Saturdays.

 

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.

 

29. No part of the development hereby permitted shall be built above ground floor level until there has been submitted to and approved by the Local Planning Authority a scheme for the management and maintenance of all hard and soft landscaping details approved under condition 11. All planting, seeding or turfing implemented in accordance with the approved landscaping plan shall thereafter be maintained at all times in accordance with the approved scheme.

 

Reason: In order to ensure the long term enhancement of the appearance of the development and minimise the impact of the development within its locality.

 

171.

2.2018.0238 - Erection of rural workers dwelling to replace existing residential caravan - Moorside Farm, Blooming Heather, Dearham, Mayport pdf icon PDF 954 KB

Minutes:

Representations

 

Councillor Peter Kendall spoke on behalf of Ward Councillor Louise Maguire in support of the application.

 

The applicant Mr Manchester and the applicant’s agent, Anthea Jones spoke in support of the application.

 

Application

 

The report recommended that the application be refused.

 

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

 

  • Principle of development

 

The proposals were considered non-essential residential development in the open countryside with no evidence of a proven sustainable rural business to support a dwelling and with adverse impact upon settlement character.

 

The applicant had not provided any evidence to discount the availability of housing in the settlement as a practical alternative.

 

·  Design and layout

 

Acceptable in itself, but did not avoid the reasons for refusal regarding basic principle of development.

 

·  Access

 

Acceptable in terms of vehicular traffic using the existing unmade track that served the farm buildings. No intensification of use was expected that would affect highway safety

 

·  Public rights of Way (PROW)

 

The two PROW that approach and traverse the site would require diversion. This was not considered a reason for refusal with some improved accessibility with the farmyard avoided.

 

·  Drainage

 

A sustainable drainage strategy had been provided that appeared achievable subject to further information.

 

The acceptability of this application rested in the officer’s opinion, on whether or not a functional need could be demonstrated for the dwelling in the countryside location. In that regard they considered it too detached along an unmade, unlit track to be in a sustainable location. A distinction could be made between this location and the dwellings on Blooming Heather within the main body of the village. Therefore, despite the fact that Dearham’s settlement limits were out of date and afforded little weight as detailed in the report, and that the tilted balance was triggered (as also detailed in the report), the location could not be supported unless there was a specific need.

In the context of policy DM2 of the Local Plan, a summary of the business’ accounts and other supporting information were submitted by the applicant to support their assertion that there was a functional need. These were referred to in the officer’s report. Members of the Panel had been furnished with a copy of the accounts summary and the applicant had also confirmed that they could be reported in public.

The headline figures were that, in the year ending April 2016, a profit of £6,000 was made; for the year ending April 2017 that changed to £2,206 and the year ending April 2018 it was £2,150.

Members noted that the applicant stated they worked long hours at the site and, the officers did not dispute that. It was also clear from site that there was the livestock referred to in the submission; the horses, poultry and goats.

However, what was clear was that, notwithstanding the hours worked, the applicant’s principal source of income was their employment with the County Council, work that took them away from the holding for 37.5 hours during the working week. During that time there was stewardship without the need to live on site.

One additional, anonymous, written representation had also been received. That representation questioned the validity of the claims made by the applicant in their submission.

Officers could not corroborate the assertions made in the representation due to the anonymity of the writer.

 

 

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

 

Following member discussion and the questions raised to the speakers and material considerations detailed in the report, Councillor M Grainger moved that the application be approved under DM2 of the Local Plan in association to Rural Workers Dwellings. This was seconded by Councillor B Pegram.

 

A vote was taken on the motion for approval under DM2 of the Local Plan in association to Rural Workers Dwellings, 5 voted in favour and 6 against. The motion was lost.

 

Councillor B Miskelly moved refusal as per the officer’s recommendation, this was seconded by Councillor C Armstrong.

 

A vote was taken on the motion for refusal, 6 voted in favour and 5 against. The motion was carried.

 

Resolution

 

Refused.

 

Reasons for refusal

 

The proposals were considered non-essential residential development in the open countryside with no conclusive evidence of a proven sustainable rural business to comply with Policies S3 and DM2 of the Allerdale Local Plan Part 1 Adopted 2014 and Paragraph 79 of the NPPF 2018.

 

The applicant had not provided any evidence to discount the availability of housing in the settlement as a practical alternative contrary to Policy S3 of the Allerdale Local Plan Part 1 Adopted 2014 and Paragraph 79 of the NPPF 2018.

 

The adverse impacts of permitting this unsustainable development, detached away from the settlement and in the open countryside with significant harm to settlement character would significantly and demonstrably outweigh the benefit of providing just one dwelling, when assessed against the policies in the Local Plan 2014 and the NPPF 2018 taken as a whole.

 

172.

HOU.2018.0161 - Replacement windows - 43, Curzon Street, Maryport pdf icon PDF 3 MB

Minutes:

Representations

 

Councillor Peter Kendall spoke in support of the application on behalf of Maryport Town Council.

 

The applicant Mr Hewetson Jones spoke in support of the application.

 

Application

 

The report recommended that the application be refused.

 

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

 

  • Heritage

 

The proposal would neither preserve nor enhance the character and appearance of the designated conservation area as a result of the harm from the proposed interventions to the façade facing Curzon Street. There would be consequent harm to the significance of th designated heritage asset which was not outweighed by any public benefits

 

Members and the public were informed about the Article 4 directions that existed for Maryport, which were in effect, restrictions that require an application for planning permission to be made for development that would not normally require such an application.

Put simply, if such an Article 4 direction did not apply, the applicant would not have needed to apply for planning permission for this development to replace existing windows and doors on the front and rear elevations of No. 43, Curzon Street.

The direction, as imposed by this Authority, following the requisite consultation and assessment, was to ensure the character and appearance of the Conservation Area was preserved or enhanced. The additional controls provided by the Article 4 were considered necessary to do this. The site was within the Conservation Area and there was, as detailed in the report, a legal duty to ensure that character and appearance of the Area was either preserved or enhanced.

The applicant had submitted supporting information with the application. This was essentially in two parts.

Firstly, it included a detailed review of the state of Curzon Street i.e which properties now included replacement windows together with a planning history detailing where this Authority had granted or refused permission.

Secondly, there was detail about the health and welfare needs of the applicant and that the replacement of the existing windows and doors with the new units would assist in responding to those issues.

Members had been furnished, in advance of the meeting, with those submissions by the applicant and officers fully understood and acknowledged that Victorian timber sash windows could deteriorate, they can and do result in drafts and, as a result, those can compound residents’ health issues. That shouldn’t be underestimated and, given the strategy to ensure there were efficient, warm homes, fit for the twenty-first century, officers acknowledged there needed to be change and improvement. However, that need not be at the expense of the character and appearance of designated heritage assets such as the Maryport Conservation Area especially Curzon Street, one of the main if not the principal thoroughfare through the town. There were tried and tested, sensitive methods of improving the thermal efficiency and performance of original timber sash windows. There were also new windows on the market, specifically timber, that could replicate the finesse and detailing of the original window but offer the best double glazed performance and thermal efficiency. Indeed, whilst there were a number of manufacturers and bespoke joiners that offer such windows, members were aware of one particular company that offers such replacement windows and doors, having visited their factory earlier in the year. The bottom line was that the applicant’s welfare and health needs could be met whilst also preserving the character and appearance of the heritage asset. And this had been achieved, viably by other residents in Maryport.

Officers fully acknowledged that there were some streets within the town where the character, insofar as it relates to windows and doors, that the Article 4 sought to protect, had been lost. Officers also acknowledged, in response to the applicant’s late list submission, that there had been changes to the west side of Curzon Street. However, that was not the case for this side of Curzon Street. This side of Curzon Street really did retain its originality and was a striking example of a Victorian terrace.

The slide presentation showed that and the images record the state of each property in the row between the Waverley Hotel (No. 57) (on the corner of Station Street) to the corner of Senhouse Street and Curzon Street. There were 14 properties in the row; 2 had plastic windows.

There were a further 15 properties between Ellenborough road (the main road to Dearham and Cockermouth) and Senhouse Street. Of those, four had plastic windows. So, in total, 6 out of 29 had plastic replacement windows (circa 20%). At that level, the rows retained their character but, further dilution would result in substantial harm to the significance of the heritage asset.

 

Members noted all representations received in respect of the application.

 

Following member discussion and the questions raised to the speakers and material considerations detailed in the report, Councillor N Cockburn moved that the application be refused as per the officer’s recommendation. This was seconded by Councillor B Miskelly.

 

A vote was taken on the motion for refusal as per the officer’s recommendation, 5 voted in favour and 6 against. The motion was lost.

 

Councillor B Miskelly moved deferral for further information and a site visit; this was seconded by Councillor C Armstrong.

 

A vote was taken on the motion for deferral for further information and a site visit, 10 voted in favour and 1 against. The motion was carried.

 

Resolution

 

Deferred for further information and a site visit.