Agenda, decisions and minutes

Development Panel
Tuesday 11th December, 2018 1.00 pm

Venue: Council Chamber, Allerdale House. View directions

Contact: Gayle Roach  01900 702502

Items
No. Item

278.

Minutes pdf icon PDF 70 KB

To sign as a correct record the minutes of the meeting held on 13/11/2018.

Minutes:

The minutes of the meeting held on 13th November 2018 were signed as a correct record.

 

279.

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:

6.  Development Panel- 2/2017/0246- Land East of Main Road, High Harrington- Construction of 115 residential dwellings with associated parking, access and landscaping.

  Councillor Jim Osborn; Disclosable Pecuniary Interest; Due to proximity of his residence to the proposed site..

 

280.

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

281.

Development Panel- HOU/2018/0161 43 Curzon Street, Maryport- Replacement windows and doors pdf icon PDF 3 MB

Minutes:

Application

 

The report recommended granting permission subject to conditions.

 

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

 

  • Heritage

The proposal will now preserve the character and appearance of the designated conservation area.  There will be negligible harm to the significance of this designated heritage asset.

 

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

 

Questions were then asked to officers regarding heritage and debate ensued.

 

Councillor Munby then moved to approve the application as per officer’s recommendation; this was seconded by Councillor Annsion.

 

A vote was taken on the motion for approval, 10 unanimously voted in favour, 0 voted against and 0 abstentions

 

The motion was carried.

 

Resolution

 

Approved subject to conditions per officers report

 

Conditions/Reasons

 

Time limit

 

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.

 

Approved plans/details

 

2. The development shall be completed in accordance with the approved plans as revised by the specification received in the email from Alan Boyd at 17.50 on 15th November 2018. For the avoidance of doubt the development shall include the following:-

 

·  The windows will not have glazing bars.

·  The integral cill is flush to the frame.

·  The external face of the window frames will be in the same position as that of the existing frame face i.e it will not project over the angled face of the existing cills.

·  The gaskets seals around the glass are white in colour to match the frames.

·  The existing masonry cills, mullions and lintels will be retained.

·  The exposed width of the new frame will be no greater than existing.

 

Reason: To ensure the character and appearance of the Maryport Conservation Area is preserved and to accord with policy S27 of the Allerdale Local Plan Part 1 (2014).

 

 

 

 

282.

Development Panel- 2/2017/0246- Land East of Main Road, High Harrington- Construction of 115 residential dwellings with associated parking, access and landscaping pdf icon PDF 1 MB

Minutes:

Representations

 

Councillor Hillary Harrington spoke against the application

 

Town Councillor Mike Rollo spoke against the application on behalf of Workington Town Council.

 

The applicant, Mr David Hayward 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

 

The provision of 115 homes would contribute to and not exceed the requirement to be provided by the principle centre and would not adversely impact on the balance of the settlement hierarchy.

 

·  Benefits

 

The provision of 115 houses would contribute to the needs of housing, including 23 affordable houses for social rent and discounted sale.

 

·  Sustainability, Access, Highway, Network, Parking

 

The site is sustainable, given the level of access for pedestrians, cyclists and a regular bus route. No concerns have been raised by the Highways agency.

 

·  Flood Risk/Drainage

 

Using an onsite pond, run off will be restricted to Greenfield run off and the system is designed to cope with a 1 in 100 year event.

 

·  Landscape and Visual Impacts

 

The main issue is the loss of farmland and further encroachment into the local countryside, the adverse effects however are not considered significant.

 

·  Design/Appearance

 

The scheme is appropriate to the surrounding area.

 

·  Residential Amenity

 

Subject to a number of recommended conditions relating to the treatment of levels across the site, the scheme is considered to provide a high standard of housing development without having a significant adverse effect on existing occupiers.

 

·  Ecology/Trees

 

Some hedgerows will be lost, however a suitable ecological report has been provided and the proposal will retail some boundary hedging. Additional tree planting and infill hedgerow is proposed as well as additional conditions.

 

·  Amenity Greenspace/Children’s Play Space

 

A condition is proposed to secure the provision of four pieces of play equipment, this would be generally compliant. Delivery is stipulated before the 50th plot.

 

·  Affordable Housing Provision

 

The provision of 20% affordable housing is considered acceptable by housing services.

 

·  Education Services

 

School places are available at Distington School for primary level, and Stainburn Academy at senior level.

 

The Senior Planning Officer reported that the officer recommendation be amended to enable the agreement of a pre-commencement condition relating to drainage (cond 6); the applicant having not the agreed the wording of the condition detailed in the report due to a query in relation to possible reliance on land outside of their control.

 

The application site would be accessed from Main Road, High Harrington, opposite Whins Farm and approx. 50m south of the existing Story housing estate adjacent to Whins Farm. A second emergency vehicle access route has also been proposed.

 

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

 

Questions were asked of the speakers and the officers and debate followed relating to vehicle access, sustainability, local school capacity, play area, infrastructure and social housing.

 

Councillor Osborn declared an interest in this item and left the meeting.

 

Councillor Farebrother then moved to refuse the application, this was then withdrawn.

 

Councillor Miskelly then moved to approve the application as per the officer’s recommendation; this was seconded by Councillor Pegram.

 

A vote was taken on the motion for approval, 8 voted in favour, 1 against and 0 abstentions

 

The motion was carried.

 

Resolved

 

Delegated to officers to grant when S106 is signed and wording of drainage condition is agreed with applicant.

 

Conditions/Reasons

 

Time limit:

 

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.

 

Pre-Commencement Conditions:

 

2. Construction Management Plan:

 

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

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

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

All Measurements should make reference to BS7445.

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

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

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

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

(g) Hours of working and deliveries;

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

(i) Highway signage/Haulage routes.

(j) Measures for the treatment and disposal of surface water during the construction phase.

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

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

 

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

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

 

4. Should land affected by contamination be identified following site investigations (condition 4), 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.

 

5. The carriageway, footways and footpaths of the housing scheme hereby approved 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 fully occupied.

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

 

6. Drainage condition to be agreed

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

 

Accordance with approved details:

 

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

Location Plan (Concept drawing PL20)

Proposed Site Plan (Concept drawing PL21 Rev H)

Boundary Treatments Plan (Concept drawing PL24 Rev E)

Elevation Treatments Plan (Concept drawing PL23 Rev B)

Management Company Plan (Story Homes drawing SL157.90.9.MCP)

Parking Plan (Story Homes drawing SL157.90.9.PPP Rev C)

Offset Distances (Story Homes drawing SL157.90.9.OD Rev B)

Site Sections (Story Homes drawing SL157.90.9.SEC Rev C)

Topographical Survey (RJP drawing SL009/TOO Rev A) 1 of 2

Topographical Survey (RJP drawing SL009/TOO Rev A) 2 of 2

Richmond House type Booklet (Planning Plans RIC-PLP1 rev A, Planning Elevations RIC-PLE 1/6 Rev A)

Reading House type Booklet (Planning Plans 1 REA-PLP1, Planning Elevations 1/1 REA-PLE 1/1)

Winchester House type Booklet (Planning Plans 1 WIN-PLP 1, Planning Elevations 1/1 GSF-PLE 1/1, Planning Elevations 1/5)

Gosforth House type Booklet (Planning Plans ARU-PLP1, Planning Elevations 1/3 ARU-PLE 1/3)

Arundel House type Booklet (Planning Plans ARU-PLP1, Planning Elevations 1/3 ARU-PLE 1/3)

Hastings House type Booklet (Planning Plans 1 HAS-PLP1, Planning Plans 1-1 HAS-PLP1-1, Planning Elevations HAS-PLE1/3 rev A)

Warwick House type Booklet (Planning Plans WAR-PLP1, Planning Elevations 1/4 WAR-PLE 1/4, WAR-PLE 1/9)

Kingston House type Booklet (Planning Plans 1 KIN-PLP1, Planning Elevations 1/2 KIN-PLE 1/2, Planning Elevations 1/3 KIN-PLE 1/3)

Mayfair House type Booklet (Planning Plans 1 MAY-PLP1, Planning Plans 1-1 MAY-PLP1-1, Planning Elevations 1/9 MAY-PLE1/9)

Boston House type Booklet (Planning Plans 1 BOS-PLP1 Rev A, Planning Elevations 1/1 BOS-PLE 1/1 Rev A, Planning Elevations 1/7 BOS-PLE1/7 Rev B)

Grantham House type Booklet (Planning Plans 1 GRA-PLP1, Planning Elevations 1/1 GRA-PLE 1/1, Planning Elevations 1/4 GRA-PLE1/4)

Wellington House type Booklet (Planning Plans 1 WEL-PLP1, Planning Elevations 1/1 Rev A, Planning Elevations WEL-PLE 1/5 rev A)

Cambridge House type Booklet (Planning Plans 1 CAM-PLP1, Planning Elevations 1/1 CAM-PLE 1/1, Planning Elevations 1/3 CAM-PLE1/3)

Oxford House type Booklet (Planning Plan 1 OXF-PLP1, Planning Elevations 1/1 OXF-PLE 1/1, Planning Elevations 1/2 Rev A, Planning Elevations 1/7 OXF-PLE1/7)

Durham House type Booklet (Planning Plans 1 DUR-PLP1, Planning Elevations 1/3 DUR-PLE 1/3, DUR-PLE 1/10)

Banbury House type Booklet (Planning Plans 1 BAN-PLP1, Planning Elevations 1/2 BAN-PLE 1/2 Rev A)

York House type Booklet (Planning Plans 1 YOR-PLP1, Planning Plans 3-YOR-PLP3, Planning Elevations 1/4 YOR-PLE 1/4, Planning Elevations 3/2 YOR-PLE 3/2)

Hereford House type Booklet (Planning Plans 1 HER-PLP1, Planning Elevations 1/2 HER-PLE 1/2)

Willow House type Booklet (Planning Plans 1 WIW-PLP1 Rev B, Planning Elevations 1/2 WIW-PLE 1/2)

Hawthorn House type Booklet (Planning Plans 2 HAW-PLP2 Rev A, Planning Plans 3 HAW-PLP3, Planning Elevations 2/2 HAW-PLE2-2 Rev A, Planning Elevations HAW-PLE 3/2 Rev A

Rowan House type Booklet (Planning Plans 1 ROW-PLP1, Planning Elevations 1/2 Rev A)

Garage Booklet (Drawing Register GAR-REG rev Q, Single detached Garage 2

Elevations, Plans & Section 1 SG2-EPS1, Rev A, Single Detached Garage 2

Elevations, Plans & Section 2 SG2-EPS2, Double Detached Garage 2

Elevations, Plan & Section 1 DG2-EPS1, Double Detached Garage 6

Elevations, Plan & Section 1 DG6v1 – EPS1, Double Detached Garage 6

Elevations, Plan & Section 2 DG6v1-EPS2

Boundary Details Booklet (1800 High fence BD08 Rev A, 1100mm Railings BD-09, 898mm High Brick Wall BD-14, 1762mm High Brick Wall BD-15, 1200 High Stock Fence BD-25, 450-600mm High Stone Wall, 1800mm Acoustic Fence BD-44, 1200mm High Netting Fence BD-52)

Site Access & EVA Plan (i-Transport drawing ITM10137-GA-014)

General Arrangement Plan (Urban Green drawing 10702_L01 Rev P03)

Hard Landscape Plan (Urban Green drawing 10702_L02 Rev P03)

Soft Landscape Plan (1 of 4) (Urban Green Drawing 10702_L03 Rev P03)

Soft Landscape Plan (2 of 4) (Urban Green Drawing 10702_L04 Rev P03)

Soft Landscape Plan (3 of 4) (Urban Green Drawing 10702_L05 Rev P03)

Soft Landscape Plan (4 of 4) (Urban Green Drawing 10702_L06 Rev P03)

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.

 

Post commencement/Pre-start conditions for certain elements:

 

8. Notwithstanding the approval plans, no development shall commence on the construction of Plot 25 until a revised scheme has been submitted to the Local Planning Authority for approval in writing for the treatment of level changes and any raised terrace or decking to the rear of the proposed dwelling. The development shall be completed only in accordance with the approved details.

Reason: To ensure that the development is undertaken in a manner that would not give rise to significant overlooking to no.33 Harringdale Drive.

 

9. Notwithstanding the approved plans, where any re-contouring of ground levels within the development would result in retaining walls or structures exceeding 1.0m in height, full details of the retaining walls or structures shall be submitted to the Local Planning Authority for approval in writing before their implementation. Any such structures shall be implemented only in accordance with the approved details.

Reason: To ensure a satisfactory standard of development for the external appearance of the approved scheme and to ensure a good standard of housing environment for the future occupiers, in accordance with policies S4 and DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

10. Notwithstanding the approval of Boundary Treatment Plan Rev D, the section of acoustic fencing proposed to project towards the site frontage from the side elevation of the garage to Plot 68 forward to the site frontage shall not be implemented. Should acoustic treatment be essential at this location, then the proposed stone wall on the same alignment shall be increased in height to 1.8m.

Reason: To ensure that the approved boundary treatment is appropriate for the location and achieves a high standard of design.

 

11. Notwithstanding the submitted plans, the equipped play area shall incorporate as a minimum four individual pieces of play equipment (excluding seating and bin) that provide for an age range of both 0-5 year olds and 5+ year olds. Full details of the play equipment and its layout shall be submitted to the Local Planning Authority for approval prior to any works commencing on the equipped play area. The equipped play area shall be constructed and available for use before the 50th dwelling house hereby approved is occupied.

Reason: To ensure a satisfactory provision of play equipment that meets the needs for future residents of the development, in accordance with policy S25 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

12. In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported immediately to the Local Planning Authority. Development on the part of the site affected must be halted and a risk assessment carried out and submitted to and approved in writing by the Local Planning Authority. Where unacceptable risks are found remediation and verification schemes shall be submitted to and approved in writing by the Local Planning Authority. These shall be implemented prior to the development (or relevant phase of development) being brought into use. All works shall be undertaken in accordance with current UK guidance, particularly CLR11.

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

 

13. The development shall be undertaken in accordance with recommendations and mitigation measures submitted within the Arboricultural Impact Assessment & Method Statement, prepared by Open Green and dated November 2018.

Reason: To ensure that existing trees and hedgerows to be retained as part of the development are adequately protected during the construction of the development, in accordance with policy DM17 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

14. The development shall be undertaken in accordance with the recommendations and mitigation measures contained within the submitted Ecological Appraisal by Urban Green dated April 2017.

Reason: To minimise the impacts of the development on the ecological interests of the site in compliance with the National Planning Policy Framework, and Policy S35 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

15. Prior to works commencing on the construction of the Emergency Vehicle Access hereby approved, details of the design/construction of the Emergency Vehicle Access shall be submitted to the Local Planning Authority for approval in writing. The Emergency Vehicle Access shall be constructed in accordance with the approved details.

Reason: To ensure that the Emergency Vehicle Access is constructed in a manner that would minimise its impact on the rural character of the locality.

 

16. Foul drainage from the development shall be connected to the public sewer.

Reason: To ensure a satisfactory means of foul drainage and to 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.

 

17. No part of the development hereby permitted shall be constructed above ground floor level until details of all external and roofing materials have been submitted to and approved by the Local Planning Authority. Only the materials so approved shall be used in the development as approved.

Reason: To ensure a satisfactory standard of development for the external appearance of the approved scheme which is compatible with the character of the surrounding area, in compliance with the National Planning Policy Framework and Policy DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

Before Occupation conditions:

 

18. Should a remediation scheme be required under condition 4, 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.

 

19. The sound attenuation measures detailed in the submitted noise assessment (RS Acoustic engineering Ltd noise impact assessment reference 170/2016 dated March 2017) shall be fully implemented prior to the beneficial occupation of the development and permanently retained thereafter.

Reason: To ensure an appropriate standard of housing environment in accordance with policies S4 and DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

20. A landscaping management plan including long term design objectives, management responsibilities and maintenance schedules for all landscape areas including public open space, landscaped buffers and play area shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of any dwelling house 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.

 

21. No dwelling shall be occupied until the estate road, including footways and cycle ways and private road where necessary to serve that dwelling, 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 of the occupiers of residential units hereby approved.

 

22. The development shall not be brought into use until visibility splays providing clear visibility of 57.6 x 53.8 metres measured 2.4 metres down the centre of the access road and at the nearside channel line of the major road have been provided at the junction of the access road with the county highway.

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

 

23. The Emergency Vehicle Access hereby approved shall be constructed and be capable of use before the occupation of the 101st dwelling house hereby approved. The Emergency Vehicle Access shall be retained thereafter for the lifetime of the development.

Reason: A second emergency access route is considered necessary for this scale of development, in the interests of public safety.

 

Post construction conditions:

 

24. All planting, seeding or turfing comprised within the scheme and shown on the landscaping plans approved herein 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.

 

25. Following completion of the development hereby approved, an annual report reviewing the effectiveness of the Travel Plan for a period of 5 years, including any necessary amendments or further measures, as well as timing for their implementation, shall be submitted to and approved in writing by the Local Planning Authority. Any amendments hereby approved shall be implemented in accordance with the approved timescales.

Reason: To aid in the delivery of sustainable transport objectives from the operational use of the site in accordance with Policy S22 of the Allerdale Local Plan (Part 1) 2014.

 

 

 

NOTES TO APPLICANT

 

A condition has been placed which requires approval of any retaining features exceeding 1.0m in height. This is to ensure that any significant level changes (in-combination with any boundary treatment) would not be visually oppressive for future residents. As such, where level changes between plots are significant, design measures such as terracing or sloping of land should be incorporated to ensure that future residents are not adversely impacted by inappropriately designed retaining walls and boundary treatments.

 

For the avoidance of doubt, this planning permission does not give consent for the removal of the hedgerow to the frontage of the field directly to the South of the proposal site in its entirety. Any removal is limited to the width of the Emergency Vehicle Access proposed.

 

 

 

 

 

 

 

 

 

 

283.

Development Panel- 2/2018/0097 Langrigg Hall, Langrigg- Change of use of farm building to biomass CHP unit with associated chimneys (retrospective) pdf icon PDF 568 KB

Minutes:

Representations

 

Rae McGrath spoke against the application.

 

Richard Davidson spoke against the application on behalf of the Parish Council

 

Ward Councillor Jim Lister spoke against the application

 

The agent, Rachel Lightfoot spoke in support of the application

 

Application

 

The report recommend refusal and to pursue enforcement action.

 

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

 

·  Principle of Development

 

Policy S19 of the Local Plan (Part 1) seeks to promote and encourage the development of renewable and low carbon energy resources given the significant wider benefits

 

·  Design/Visual Impact

 

The chimneys are viewed in context of large farm buildings and against the backdrop of the line of pylons. They assimilate into the environment of existing buildings, and do not exert a harmful impact on the character and appearance of the locality, in accordance with policies S4 and S33.

 

·  Amenity

 

The proposal is acceptable in terms of air quality; however the applicant has failed to demonstrate that the proposal is acceptable with regards to noise.

 

The supported noise reports demonstrate an unacceptable level of noise is produced by the units. The proposal is contrary to policies S2, S4 and S32.

 

·  Heritage Impact

 

In terms of impact on the heritage asset, the proposal is acceptable and in line with Policy S27.

 

·  Highway issues

 

The proposal will be unlikely to have a material effect on existing highway conditions.

 

The application is for the change of use of an existing farm building to a biomass CHP. The development seeks the retention of 1 Biomass CHP unit and 2 RHI units within the building, with the external alteration to the building including the construction of 3 external chimneys.

 

Members noted the representations received in respect of the application, the main grounds of which were set out in the report. They noted specifically the setting of the listed building and discussion ensued with reference to the photographic images displayed at the meeting. A specific query was raised by members as to the consequences of the plant being removed and the sourcing of an alternative heat and energy supply, for example from the grid.

 

Councillor Miskelly then moved to refuse the application as per the officer’s recommendation; this was seconded by Councillor Cockburn

 

A vote was taken on the motion for refusal, 9 voted in favour, 0 against and 1 abstention

 

The motion was carried.

 

Resolved

 

Refused as per officer recommendation

 

 

 

 

 

 

 

Councillor Ron Munby and Councillor Carole Armstrong left the meeting

284.

Development Panel- 2/2018/0098 Langrigg Hall, Langrigg- Erection of replacement general purpose shed (retrospective for its retention) pdf icon PDF 483 KB

Minutes:

Representations

 

The agent, Rachel Lightfoot spoke in support of the application

 

Application

 

The report recommended granting permission

 

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

 

·  Design, scale and siting

 

The building is to be sited on the footprint of a previous building achieving a good relationship with the working farmstead, with the material to match those on the farm. The applicant has provided sufficient justification for the height of the building.

 

·  Heritage Impact

 

Although the height of the building will have some impact on the Listed Building, this is less than substantial and is outweighed by the benefits of the proposal.

 

In the ensuing debate, questions were asked of the officers and the speaker in relation to fire safety.

 

Councillor Bill Pegram moved to approve the application as per officer’s recommendation; this was seconded by Councillor Billy Miskelly.

 

A vote was taken on the motion for refusal, 8 voted in favour, 0 against and 8 abstentions,

 

The motion was carried.

 

Resolved

 

Approve subject to conditions as per officers report

 

Conditions/Reasons

 

Time Limit

 

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

D.01 Floor Plan

D.02 Elevations

D.03 Site Plan

D.04 Location Plan

PMF-WW-01 Landscape Plan

Application Form Section 9 – Materials

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.

 

Post Commencement

 

2. All planning, seeding or turfing comprised within the approved landscaping scheme Drawing Number PMF-WW-01A received 4 July 2018 shall be carried out in the first planting season following this approval and any trees or plants which within a period of 5 years from 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 an species, unless otherwise agreed in writing by the Local Authority.

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

 

 

 

 

 

 

 

 

 

 

 

285.

Development Panel- 2/2018/0400 North Scape, Eaglesfield, Cockermouth- Erection of detached dwelling and garage

Additional documents:

Minutes:

Representations

 

Ward Councillor Marion Fitzgerald spoke against the application

 

The applicant, Richard Lindsay 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

 

When applying the NPPFs tilted balance, the development is with a sustainable location.

 

·  Siting

 

Well related to the settlement limit and surrounding buildings.

 

·  Design/Scale

 

The dwelling is considered appropriate scale and massing for the plot

 

·  Drainage

 

Foul to main sewer and surface water to rainwater harvesting system

 

·  Residential Amenity

 

No significant harm to nearby properties

 

·  Parking

 

Parking and turning considered satisfactory

 

·  Access

 

Access does not meet the requirements of the highway authority; however, given the specific context of the proposal, acceptable visibility splays can be achieved.

 

Questions were asked of the speakers and the officers and debate followed relating to the highways, access, watercourses and the need for another family home.

 

Discussion also ensued in relation to the recommendations made by the statutory bodies.

 

Councillor Tony Annison moved to defer the decision pending a site visit; this was seconded by Councillor Jim Osborn.

 

A vote was taken on the motion to defer, 3 voted in favour, 4 against and 1 abstention.

 

The motion was lost.

 

Councillor Nicky Cockburn then moved to refuse the application; this was seconded by Councillor Tony Annison.

 

A vote was taken on the motion to refuse, 4 voted in favour, 4 against and 0 abstentions.

 

The chair cast the deciding vote, voting against the motion to refuse

 

The motion was lost

 

Councillor Miskelly then moved to approve the application as per officer’s recommendations; this was seconded by Councillor Bill Pegram

 

A vote was taken on the motion to approve, 4 voted in favour, 3 against and 1 abstention.

 

The motion was carried.

 

Resolved

 

Approved subject to conditions per officers report

 

Conditions/Reasons

 

Time Limit

 

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.

 

Approved plans compliance

 

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

IMW228749 Rainwater Harvesting Tank Details

05001 Rev 05 Proposed Elevations Sheet 1 – Amended plan received 16 November 2018

05002 rev 6 – Proposed Elevations Sheet 2 – Amended plan received 16 November 2018

Site Location Plan – Amended plan received 26 September 2018

05010 Rev 03 – Site Section as Proposed – Amended plan received 23 November 2018

04003 Rev 07 Block plan – Amended plan received 23 November 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.

 

Prior to commencement

 

3. Notwithstanding the proposed submitted levels, prior to works commencing on site, details of proposed levels including levels of any paths, drives and parking areas and external finishes of any associated retaining walls shall be submitted to and approved by the Local Planning Authority. The works shall be carried out in accordance with the approved works.

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

 

Following initial commencement

 

4. The development hereby approved shall not be considered above plinth level until the details of the:

 

 

(i) Proposed crossings of the highway verge and/or footway;

(ii) Surfacing in porous bituminous or cement bound materials;

(iii) Access drive gradient

(iv) Surface water drainage measures to prevent surface water discharging onto the highway;

Shall be submitted to and approved by the Local Planning Authority

The works shall be implemented and maintained operational at all times thereafter

 

Reason: To ensure a suitable standard of verge crossing and that the verge is properly reinstated before the development is brought into use, to ensure that pedestrians can negotiate road junctions in relative safety, minimise the risk of flooding and in the interests of highway safety.

 

Prior to occupation

 

5. The dwelling hereby approved shall not be occupied until the 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.

6. Details of the siting, height and type of all means of enclosure/screen walls/fences/other means of enclosure shall be submitted to and approved by the Local Planning Authority prior to the occupation of the dwelling. Any such walls/fences etc. shall be constructed prior to the approved building being brought into use/occupied. All means of enclosure so constructed shall be retained and no part thereof shall be removed without the prior consent of the Local Planning Authority.

Reason: To ensure a satisfactory standard of development which is compatible with the character of the surrounding area and safeguard the amenity of neighbouring properties.

 

Post Occupation

 

7. 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.

 

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

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

 

9. Access gates, if provided, shall be hung to open inwards only away from the highway.

Reason: In the interests of highway safety.

 

10. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or in any Statutory Instrument revoking or re-enacting that Order with or without modification) no development falling within Classes A, B, E of Part 1 of Schedule 2 and Class A of Part 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 in the interests of appearance of the site and safeguard the amenities of adjacent properties.

 

Proactivity Statement

 

The Local Planning Authority has acted positively and proactively in determining this application by, primarily identifying relevant development plan policies, any duties applicable as well as other material considerations that have been afforded weight, including emerging Local Plan policy, stakeholder representations and the National Planning Policy Framework. In this context, having identified matters of concern with the application as originally submitted and, if applicable, following negotiations with the applicant, acceptable amendments and solutions to the proposal have been received. As a result, the Local Planning Authority has been able to grant permission for an acceptable proposal.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

286.

Development Panel- 2/2018/0485 The Annexe, The Anville, Bliterlees, Silloth- Retrospective application for a raised lodge with balcony to be used for holiday letting purposes and addition of boundary treatment pdf icon PDF 432 KB

Minutes:

Representations

 

Rachel Lightfoot spoke on behalf of Mr Warwick against the application

 

Councillor John Cook spoke on behalf of Mrs Lesley Hope against 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

 

Considered to be acceptable

 

·  Design and Materials

 

Considered to be acceptable

 

·  Amenity

 

A satisfactory level of screening can be achieve to ensure to protect residential amenity.

The degree of overlooking is not considered to be significant given the separation distances.

 

·  Access and Parking

 

Considered to be acceptable

 

Questions were asked of the speakers and the officers and debate followed relating to the noise, overlooking distance and privacy/intrusion.

 

Officers also clarified to members legal issues surrounding retrospective planning applications and unauthorised development

 

Councillor Billy Miskelly moved to approve the application as per officer’s recommendation; this was seconded by Councillor Jim Osborn.

 

A vote was taken on the motion, 3 voted in favour, 4 against and 1 abstention, the motion was lost.

 

Councillor Tony Annison then moved to defer the application pending a site visit.

 

Members expressed concerns with the overlooking fencing and the levels of noise.

 

This motion to defer was seconded by Councillor Nicky Cockburn.

 

Councillor Billy Miskelly then moved an amendment to the motion to defer; this was to obtain further information from officers in relation to boundary treatments. This motion was seconded by Councillor Joe Cowell.

 

A vote was taken on the amended motion, 8 voted in favour, 0 against and 0 abstentions.

 

The motion was carried.

 

Resolved

 

Defer for site visit and negotiations in relation to boundary treatment (in relation to overlooking and noise)

 

 

 

 

 

 

 

 

287.

Development Panel- 2/2018/0469 Land adj Ellenhall, Gilcrux- New field access to classified road (C2023) pdf icon PDF 486 KB

Minutes:

Representations

 

Richard Evans and Jim Lister 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:

 

·  Creation of access

 

The agricultural access is considered acceptable from a highway perspective.

 

·  Heritage Issues

 

The proposal will not result in a detrimental impact on the character of the Grade II Listed Buildings to the East of the site.

 

The proposal is to create a new field access in the classified road (C2023).

 

Questions were asked of the speaker, who requested that condition 4 is removed from the application.

 

Questions were then asked of the officers and debate followed relating to the access, current procedures and around the exclusion of condition 4. Members considered that the condition’s imposition was not reasonable given that it required the closure of an existing access which was still required. The new access was to enable improved highway safety for livestock but its geometry is such that it cannot be used for machinery (due to the restricted width of the track within the site) and therefore the existing access must be retained.

 

Councillor Joe Cowell moved to approve the application as per officers recommendation with the exclusion of condition 4. This was seconded by Councillor Tony Annison.

 

A vote was taken, 6 voted in favour, 2 against and 0 abstentions.

 

The motion was carried

 

Resolved

 

Grant subject to conditions but without condition 4 (so no requirement to close the existing access).

Reason – The Council is content that two accesses will preserve the setting of the listed building and character and appearance of the area and there is no necessity to close the exiting authorised access.

 

Conditions/Reasons

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: In order to comply with Section 91 of the Town and Country Planning Act

1990.

 

2. With the exception of the requirements of condition 3, the development hereby permitted shall be carried out solely in accordance with the following plans:

18.26. LOC Site Location Plan

18.26. SITE Rev A Site & Block Plan

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

 

3. The proposed galvanised gate and posts should be finished in matt grey colour and texture prior to being installed and shall thereafter be retained in this finish.

Reason: In the interests of protecting the character of the Listed Building, in accordance with Policy S27 of the Allerdale Local Plan (part 1), Adopted July 2014.

 

Note to applicants:

No works and/or any person performing works on any part of the Highways, including verges, will be permitted, until in receipt pf an appropriate permit allowing such works.

Enquiries should be made to Cumbria County Councils Street work’s team.

 

 

 

 

 

 

 

 

 

 

288.

Development Panel- 2/2018/0447 Former Cottage Hospital, Cockermouth- Application for non compliance with condition 2 on planning approval 2/2017/0579. Changes to the apartment mix, changing 3 No. one bed apartments to 3 No. two bed apartment pdf icon PDF 805 KB

Minutes:

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

 

Acceptable use for the locality. This is a section 73 application to amend the approved 2/2017/0579 scheme. Where an application under section 73 is granted the effect is the issue of a new planning permission, sitting alongside the original permission, which remains intact and unamended. The amendments proposed are considered minor material amendments.

 

·  Design, materials and siting

 

The minor amendment to the footprint of the apartments and the alterations to the elevations are considered acceptable.

 

·  Access and parking

 

Acceptable visibility splays. 32 car parking spaces suitable layout and number for the accommodation use.

 

·  Drainage

 

Foul drainage to mains. Surface water to be secured by planning condition

 

·  Ecology

 

Acceptable mitigation for bats, subject to planning condition

 

·  Landscaping

 

Acceptable landscaping scheme.

 

Questions were then asked of the officers and debate followed, specifically in relation to the now accepted lack of reasonableness and enforceability of the condition relating to fire protection (secured though Building Regulations).

 

Councillor Tony Annison moved to approve the application as per officer’s recommendations; this was seconded by Councillor Billy Miskelly

 

A vote was taken, 7 voted in favour, 1 against and 0 abstentions.

 

The motion was carried

 

Resolved

 

Approve subject to conditions as per officers report

 

Conditions

 

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: In order to comply with Section 91 of the Town and Country Planning Act

1990.

 

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

TPL 16-134-001.01 Transport Statement with Appendices 19.10.18

TPL 16-34-002.01Addendum to Transport Statement

Ground Investigation Report Phase 2 Part1 19.10.18

Extended Phase 1 Habitat Survey 19.10.18

Bat Presence - Absence Survey 19.10.18

Amendment Constructional Environmental Plan Rev 2 26.3.18

NE-2064-3.2-AC-06 Rev E - Proposed Context Elevations

NE-2064-3.2-AC-07 Rev E - Detailed Elevations sheet 1of 2

NE-2064-3.2-AC-08 Rev D - Detailed Elevations sheet 2 of 2

NE-2064-3.2-AC-01Rev A - Site Location and Context Plan 5.9.18

NE-2064-3.2-AC-02 Rev D - Proposed site plan 19.10.18

NE-2064-3.2-AC-10 - Proposed Floor Plans Rev C 5.9.18

NE-2064-3.2-AC-051 Rev D Detail Elevation

NE-2064-3.2-AC-052 Rev C Detail elevations

NE-2432-04-LA-01 General Arrangement plan 5.9.18

NE-2432-04-LA-03 Rev G Cockermouth Detailed Landscape Plan 5.9.18

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

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

Biodiversity Plan - Cockermouth Cottage Hospital 16.1.18

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

Constructional Environmental Plan

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.

 

3. 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.

 

4. 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.

5. 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.

 

6. 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.

 

7. 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.

 

8. 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.

 

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

NE-2432-04-LA-03 Rev G Cockermouth Detailed Landscape Plan 5.9.18 and NE-2432-04-LA-01 General Arrangement plan 5.9.18. 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.

 

10. 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.

 

11. 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 D Proposed Site Plan 19.10.18.

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.

12. 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 D dated 19.18.18 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.

 

13. 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.

 

14. 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.

 

15. 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.

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.

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

 

16. 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.

 

17. 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.

 

18. In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported immediately to the Local Planning Authority. Development on the part of the site affected must be halted and a risk assessment carried out and submitted to and approved in writing by the Local Planning Authority. Where unacceptable risks are found remediation and verification schemes shall be submitted to and approved in writing by the Local Planning Authority. These shall be implemented prior to the development (or relevant phase of development) being brought into use. All 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 (Part1), Adopted July 2014.

 

19. 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.

 

20. 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.

 

21. 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.

 

Proactive Statement

Application Approved Without Amendment

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against, primarily, the development plan policies, any duties applicable and also all material considerations, including emerging Local Plan policy, the National Planning Policy Framework and any stakeholder representations that may have been received. It has subsequently determined to grant planning permission.