Decision details

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

Decision Maker: Development Panel

Decision status: Item Deferred

Is Key decision?: No

Is subject to call in?: No




Craig Thompson spoke against the application


Neil Neesham spoke against the application


The agent Leah Cole spoke in support of the application.




The report recommended approval, subject to conditions and the signing of a section 106 agreement to secure a 20% affordable housing and for a fee to cover the costs of a modified Traffic Regulation Order to secure highway works resulting from the creation of a new access off the A594.


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


Principle of Development


The site falls within existing settlement limits of Maryport, with the release of a Greenfield site considered to be acceptable.


Replacement Allotment Provision


The original proposal has been amended to include the provision of some allotments. Officers established that 576sqm of land is currently in allotment use, and this will be secured by condition. The scheme is considered to accord with the requirements of Policy S25.


Sustainability, Access and Parking


The site is considered to be in a suitable location which will involve the creation of a new access road off the A594. The Highways Authority has queried the achievability of visibility splays, with amended plans demonstrating the achievable visibility and the implications for on street parking.


The proposal is considered acceptable in terms of the sustainability of the location, the provision of parking and highway safety.


Standard of Housing Environment


The indicative plan is considered sufficient to conclude that the site could accommodate 15 units which would be able to provide a good standard of housing environment.


Housing Mix


The adequacy of the housing mix would be fully assessed at the reserved matters stage.


Impact of Residential Amenity


As this is an outline application it is not possible to determine the standard the impact of the development on the amenity of neighbouring residents. However due to the changes of levels in the vicinity of the site, it is considered appropriate to limit the number of units proposed to that shown on the indicative plan, to limit any dwellings adjacent to the northern boundary of the site to single story only and to condition the submission of cross sections and existing and proposed floor levels as part of reserved matters.


Heritage Assets


The former Crown Inn is a grade II listed building. It is considered that with careful consideration of placement, massing and levels a scheme could be achieved that would not impact significantly on the setting of the heritage asset.




The potential impact on bats is considered to be low risk




The proposal would involve some tree removal, none of which are considered worthy of a TPO.


Ground Conditions


A phase 1 Geo-Technical Report has been provided with the application which recommends further site investigation.


Surface Drainage Water


The site is not at risk of flooding, controls are recommended for the control, management and maintenance of a detailed drainage scheme.


The Planning and Building Control Manager introduced the item which was a detailed proposal for demolition of an existing dwelling and redevelopment to provide residential development and part allotments, advising that as per condition 25 no more than 15 dwellings can be constructed.


The Planning and Building Control Manager went on to explain that, currently, the site is a mix of scrubland and allotments, with private informal arrangements currently in place for the allotments. The site also has informal footpaths and a variety of sheds and other out buildings.

Due to the introduction of a new access road onto the A594, condition 14 includes the provision of allocated parking spaces for residents of Marsh Terrace, and in relation to visibility splays from this access, visibility of 60 metres measured from 2.4m down the centre of the access road.


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


Members asked questions of the speakers and officers and debate ensued in relation subsidence, visibility splays from the potential access road, allotments ownership and the future proposed allotment space.


Members were concerned about the alleged subsidence in neighbouring properties and the potential dangers that could emerge.


The Building and Control Manager confirmed to members that the Building Control Team would establish whether this was a dangerous structure.


Councillor Farebrother then moved to defer the application, pending a site visit; this was seconded by Councillor Pegram. This was to enable members to gain a better understanding of the extent of allotments on site and relationship to existing dwellings.


A vote was taken on the deferment, 8 voted in favour, 2 against and 0 abstentions.


The motion was carried.




Deferred for a site visit













Report author: Shona Reid

Publication date: 06/03/2019

Date of decision: 05/03/2019

Decided at meeting: 05/03/2019 - Development Panel

Accompanying Documents: