Decision Maker: Development Panel
Decision status: Refused
Is Key decision?: No
Is subject to call in?: No
Gillian Telford spoke against the application
The Agent Michael Sandelands of HGF Gough and Co spoke in support of the application.
The report recommended that the decision to grant permission subject to conditions be delegated to the Planning and Building Control Manager upon the completion of a section 106 agreement that secures:
· Completion of land level changes permitted by permission 2/2017/0312
· Provision and future management and maintenance of landscaping belt directly East of plots 2-6
· 10 Affordable housing units on site
· £4,431.60 to upgrade existing facilities for children and young people at the Laureates
The Planning and Building Control Manager introduced the item advising that the Panel had been on a site visit, assessing the site from various viewpoints.
The Planning and Building Control Manager then summarised the main issues as detailed in the report. These included:-
The Tilted Balance
The adverse impacts of permitting the development would not significantly and demonstrably outweigh the benefits.
Principle of Development
The scale of the development is considered commensurate to the size and role of Cockermouth as a Key Service Centre. The site is sustainably located within acceptable walking distance of the town, connected by lit, segregated footways and a bus service.
Access is not reserved for subsequent approval. The proposed highway arrangements are considered acceptable. The Highways Authority raises no objections.
Landscape and Visual Effects
The landscape and visual impact is not significantly adverse and can be mitigated through an appropriate landscaping scheme by condition and S106 agreement.
In the context of the duty contained within S66(1) and the special regards to be paid to the desirability of preserving the setting of the listed buildings, officers consider, in this instance, that the overall level of harm to the heritage asset would amount to less than substantial. The benefits of the scheme outlined in the report outweigh the limited harm incurred to the setting of the The Fitz. The setting of Papcastle’s conservation area, in terms of its character and appearance, will be preserved.
The proposed development would provide 10 affordable housing units on the site. This equates to 40% and fulfils the Local Plan Policy requirements.
The Planning and Building Control manager then explained that, whilst matters pertaining to appearance, landscaping, layout and scale are reserved matters for the majority of the site, the application is seeking approval of layout, scale and appearance for plots 2-6 inclusively only.
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 in relation to road safety, play facilities, heritage and the demand for such housing.
There was specific discussion about previously permitted and part implemented development (land levels) and the setting of the Fitz and the landscape on and around Low Road.
Councillor Cockburn then moved to refuse the application. The meeting was adjourned to enable officers to clarify the reasons and the citation of relevant polices, officers purely providing administrative support in this capacity.
Following the adjournment, Councillor Cockburn clarified the motion to refuse permission for the following reasons:-
“The proposal by reason of the introduction of additional housing nearer to the heritage asset, namely the Fitz, will adversely impact on the setting of that asset contrary to Policy S27 of the Allerdale Local Plan (Part 1) 2014 and the National Planning Policy Framework 2019. This harm is not outweighed by the public benefits of the proposal.”
The motion was seconded by Councillor Annison.
A vote was taken on the motion to refuse, 8 voted in favour, 4 against with 0 abstentions.
The motion was carried.
To refuse permission for the following reasons:-
The proposal by reason of the introduction of additional housing nearer to the heritage asset, namely the Fitz, will adversely impact on the setting of that asset contrary to Policy S27 of the Allerdale Local Plan (Part 1) 2014 and the National Planning Policy Framework 2019. This harm is not outweighed by the public benefits of the proposal.
Report author: Kelly Hampson
Publication date: 30/04/2019
Date of decision: 30/04/2019
Decided at meeting: 30/04/2019 - Development Panel