Issue - decisions

2/2018/0372 - Demolition of existing dwelling and re-development to provide part residential development and part allotments (outline with all matters reserved), Land rear of Moor House, Marsh Terrace, Ellenborough, Maryport

02/04/2019 - 2/2018/0372 - Demolition of existing dwelling and re-development to provide part residential development and part allotments (outline with all matters reserved), Land rear of Moor House, Marsh Terrace, Ellenborough, Maryport

Representations

 

Craig Thompson spoke against the application

 

Councillor Peter Kendall on behalf of Maryport Town Council spoke against the application

 

The Agent Leah Cole spoke in support of the application.

 

Application

 

The report recommended to grant permission subject to conditions and the signing of a S106 agreement to secure 20% affordable housing and for a fee to cover the costs of a modified traffic regulation order to secure highways works resulting from the creation of a new access off the A594.

 

The Senior Planning Officer introduced the item advising that this item had been deferred at the March 2019 meeting of the panel to permit a panel site visit, confirming that the visit had taken place.

 

The Senior Planning Officer also confirmed that Building Control Officers have looked at the stability of an existing structure positioned between Moor House and 12 Marsh Terrace. The structure is not considered to be dangerous.

 

The Senior Planning Officer then went through the main issues as detailed in the report.

 

Principle of Development

 

Maryport is a key service area; this site however is largely a Greenfield site. Part 2 of the local plan demonstrates that Greenfield sites will need to be brought forward for development. The site has good transport links, is within walking distance and 15 housing units would bring a positive contribution to the towns housing supply.

 

Allotments

 

Allotments are afforded protection as part of the local plan and they make a positive contribution to health and wellbeing. 576sqm is currently in use as allotments and the indicative plan includes this as a provision, controlled by conditions 12 and 24.

 

Access and Parking

 

The site is considered to be in a sustainable location. The proposal will create a new access from the A594 and this has not raised any objections from the Highways Authority subject to conditions. The access would require visibility splays of 60m; this would restrict parking on Marsh Terrace. Alternative parking will be provided within the application site, secured by conditions. It is acknowledged that replacement car parking will be less convenient; however it would improve the safety for residents and reduce the risk of their vehicles becoming damaged from traffic on the A594.

 

The issues of trees, ecology, heritage, ground conditions, stability and drainage will be dealt with by conditions and at the reserved matters stage of the proposal.

 

The Senior Planning Officer went on to explain that the adverse impacts of the proposal have been mitigated to an acceptable level and that the negative effects of the proposal would not outweigh the benefits of providing additional housing, including 20% affordable housing in a sustainable location.

 

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 of the officers and debate followed relating to car parking, principle of the development, bats, allotments, and traffic and ground conditions.

 

Some members were also concerned about parking and allotment provision during construction.

 

Councillor Bales moved to approve the proposal, as per officer’s recommendations.

 

The motion was seconded by Councillor Tibble.

 

A vote was taken on the motion to approve, 5 voted in favour, 6 against with 1 abstention.

 

The motion was lost.

 

Councillor Farebrother then moved to refuse the application, although no planning reasons were specified. The Head of Place Development and the Planning and Building Control Manager explained that section 70 of the Planning Act 1990 enables councils to refuse applications but Article 35 (1) b) of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended) requires full reasons for refusal are provided, specifying all policies and proposals in the development plan which are relevant to the decision.

 

The meeting was adjourned to permit time for the councillor to provide reasons for refusal and citing of relevant policies. Officers provided administrative support to the councillor during this adjournment.

 

Following the adjournment, Councillor Farebrother withdrew her motion.

 

Further debate then ensued specifically in relation to future management of the proposed allotments.

 

Councillor Armstrong then moved to approve the proposal with an amendment to condition 12 to include a scheme of management for the proposed allotments.

 

The motion was seconded by Councillor Munby.

 

A vote was taken on the motion to approve with the amended condition 12, 9 voted in favour, 1 against with 1 abstention.

 

The vote was carried.

 

Resolution

 

Permission granted subject to conditions and signing of s106 relating to TRO as per officer’s recommendation, except for addition to condition 12 – Allotment management.

 

CONDITIONS

 

Time Limit:

1. The submission of all reserved matters applications shall be made no later than the expiration of 3 years beginning with the date of this permission and the development shall begin no later than whichever is the later of the following dates:

(a) The expiration of 3 years from the date of the grant of this permission, or

(b) The expiration of 2 years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

Reason: In order to comply with Sections 91 and 92 of the Town and Country Planning

Act 1990.c

 

In Accordance

 

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

Amended Plan 5147-02C Location Plan 21.01.19

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 conditions:

 

3. Before any development commences details of the layout, scale and appearance, access and landscaping (hereinafter called ‘reserved matters’) shall be submitted to and approved by the Local Planning Authority.

Reason: The application has been submitted as an outline application, in accordance with the provisions of the details of the Town and Country Planning (Development Management Procedure) Order 2015.

 

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

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

 

5. Should land affected by contamination be identified 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.

 

6. 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) 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.

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

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

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

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

(f) Hours of working and deliveries;

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

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.

 

7. Development shall not commence 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:

(a) 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;

(b) details of proposed crossings of the highway verge;

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

(d) cleaning of site entrances and the adjacent public highway;

(e) details of proposed wheel washing facilities;

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

(g) construction vehicle routing;

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

(i) surface water management details during the construction phase

Reason: In the interests of highway safety.

 

8. 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.

 

9. No development shall commence until a detailed assessment of noise and odour emanating from the adjacent restaurant at the former Crown Inn, Main Street, Maryport, has been submitted for approval in writing by the Local Planning Authority.

The report shall be carried out by a competent person in accordance with the current edition of BS 8233 and the WHO Guidelines. The aim of the report will be to establish whether any proposed housing could potentially be impacted by noise and odour and a scheme of mitigation measures to alleviate any unacceptable impacts. The approved scheme of mitigation shall be implemented prior to the beneficial occupation of the dwelling houses hereby approved and shall be permanently retained thereafter.

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

 

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

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

 

11. Any application for reserved matters of scale and/or layout shall include plans showing the following:

(a) Cross sections through the site, including the relationship of proposal to offsite properties to the northern, southern and eastern boundaries of the site;

(b) Details of existing and proposed ground levels;

(c) Proposed finished floor levels of buildings;

(d) Levels of any paths, drives, garages and parking areas; and the development shall be carried out in accordance with the details so approved.

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

 

12. No development shall commence until there has been submitted to and approved in writing by the Local Planning Authority a schedule of works for the managed replacement of the existing allotments on site. Before use of the development commences, details of the ongoing management and maintenance arrangements for the replacement allotments once complete shall be submitted to the Local Planning Authority for approval. The development (including the construction phase) shall be undertaken only in accordance with the approved schedule of works and the allotments shall thereafter be managed and maintained in accordance with the approved details.

Reason: To ensure the replacement allotment provision is delivered in a safe and timely manner and thereafter managed and maintained appropriately, in accordance with Policy S25 of the Allerdale Local Plan (Part 1), Adopted July 2014. 

 

13. The carriageways, footways, footpaths, cycle ways etc. shall be designed and constructed, drained and lit to a standard suitable for adoption and in this respect further details, including longitudinal/ cross sections, shall be submitted to the Local Planning Authority for approval before work commences. 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. All works so approved shall be constructed before the development is complete.

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

 

14. Any application for reserved matters of layout shall include plans showing the provision of allocated parking spaces for residents of Marsh Terrace of a number that is the same as or exceeds that number identified to be lost due to creation of the new access and associated visibility requirements. A detailed scheme for the temporary and permanent arrangements for the provision of these parking spaces during the construction phase and once the development is completed, shall be submitted to the Local Planning Authority for approval in writing before the development commences. The approved scheme shall be adhered to at all times during the construction phase and the permanent arrangements shall be provided as approved and retained and made available for use for the lifetime of the development.

Reason: To ensure adequate alternative parking provision is made available to compensate for that parking provision on street that will require removal as a result of the development in the interests of highway safety and residential amenity, in accordance with policies S5, S22 and S32 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

15. The development shall not commence until:

(1) Visibility splays providing clear visibility of 60 metres measured 2.4 metres down the centre of the access road and the nearside channel 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 the visibility splays.

(2) Measures have been put in place on the County highway to ensure that parking on street within the visibility splays is restricted.

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.

 

Post-commencement/Pre use commencing conditions:

16. Should a remediation scheme be required under condition 5, 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.

 

17. 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.

 

18. No development shall be occupied until the details of future drainage management and maintenance are agreed in writing with the Local Planning Authority. The development shall thereafter be maintained and managed at all times in accordance with the approved details.

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

 

19. 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.

 

20. Details of the siting, height and type of all means of enclosure shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of any dwelling(s) or the use of the allotments commencing. Any such means of enclosure shall be constructed prior to the approved development being brought into use/occupied. All means of enclosure so constructed shall be retained and no part thereof shall be removed or replaced 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.

 

21. Any areas of parking or open space within the approved layout and

landscaping scheme that do not fall within private domestic gardens or curtilages shall be maintained at all times in accordance with a Landscape Management Plan that has been submitted to and approved in writing by the Local Planning Authority before any dwellings hereby approved are brought into use.

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

 

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

Reason: In the interests of highway safety of the occupiers of residential units hereby approved.

 

23. The dwellings/land use 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 made available for 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.

Other:

 

24. Any new housing adjacent to or adjoining the northern boundary of the site shall be limited to single storey only.

Reason: It is considered that development shall be limited to single storey in this location taking into account the site conditions, levels and character of the surrounding area, in compliance with the National Planning Policy Framework and Policy S4, S5 and DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

25. The development hereby permitted shall be limited to the construction of 15 dwelling houses only.

Reason: No information has been provided to demonstrate that a greater number of residential units could be provided on site without having a significant adverse impact on the locality by way of residential amenity and standard of housing environment, in accordance with policies S4, S32 and DM14 of the Allerdale Local Plan Part 1.

 

26. The development hereby approved shall provide for a minimum of 576sqm of land to be laid out for use as allotments.

Reason: To ensure an adequate replacement allotment provision in accordance with Policy S25 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

27. All planting, seeding or turfing comprised within any approved landscaping 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.

 

Advisory Note – Noise and Odour

The Noise and Odour Assessment required by condition 9 will be required to inform the layout and design of the proposed housing. The Local Planning Authority would therefore advise that this document be prepared and submitted for approval with any reserved matters application seeking approval of layout.

 

Advisory Note Bats

 

The Council seeks to highlight that their planning decision has been determined based on the merits of the submitted evidence and the proposal. Should any protected species be discovered during the course of implementing the development works, then under the provisions of the Wildlife and Countryside Act 1981, works should cease and further guidance should be sought from Natural England at:

 

Natural England

County Hall, Spetchley Road

Worcester

WR5 2NP

 

Email: enquiries@naturalengland.org.uk

Telephone: 0300 060 3900

Opening times: 8:30am to 5pm, Monday to Friday (excluding public holidays)

 

The Council emphasise that any harm to a protected species or its habitat constitutes a criminal offence under the above statutory Act and may be subject to legal prosecution.