Decision details

Development Panel - OUT-2019-0014 - Field near William Street, Great Clifton, Workington - Outline application with all matters reserved for a single dwelling

Decision Maker: Development Panel

Decision status: Refused

Is Key decision?: No

Is subject to call in?: No

Decisions:

Representations

 

Malcolm Fee on behalf of Great Clifton Parish Council, spoke against the application.

 

Anthea Jones (Agent) and Mr Kennedy (Applicant) spoke in favour of the application.

 

Application

 

The report recommended granting permission subject to conditions.

 

The Planning and Building Control Manager introduced the item and confirmed that the development panel had attended a site visit.

 

The Planning and Building Control Manager then went through the main issues as detailed in the report.

 

Principle of development and application of tilted balance

 

The application site is located outside the designated saved settlement limits for Great Clifton under the Allerdale Local Plan 1999. The 1999 Local Plan settlement limits are considered to be out of date and only limited weight can be afforded to them. In advance of the Inspectors Report being received and outstanding objections, the settlement limits in the emerging Part 2 of the Local Plan are afforded little weight at this juncture. Sites beyond the adopted settlement limits are required to meet the Local Plan Part 1’s medium term housing trajectory in advance of the Part 2 allocation being adopted. In this context, applying the National Planning Policy Framework’s tilted balance, the site is considered to provide the benefit of a dwelling with no significant, demonstrable adverse impacts. It represents a sustainable development on the edge of a local centre settlement and well related to existing development.

 

Landscaping and amenity

 

The application will not have an adverse impact on landscape character and no adverse visual impact is likely on residential amenity and for users of the highway networks or public footpaths.

 

Contamination and ground conditions

 

These matters will be addressed by planning conditions, the Coal Authority removed their objections.

 

Highway and access

 

No objection came from Cumbria Highways. Highway access will be considered at reserved matters stage.

 

 

 

 

Flood risk/Drainage

 

The site is in flood zone 1. The proposed drainage accords with the development plan’s hierarchy where infiltration is not possible.

 

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 officers and speakers and debate followed relating to future use of the rest of the site, access and settlement limits.

 

The Head of Planning and Building Control then clarified to members that the application should be judged on its own merits also clarifying the position in relation to settlement limits.

 

Councillor Horsley moved to grant permission as per officer’s recommendations.

 

This was seconded by Councillor Grainger.

 

A vote was held on the motion to grant permission, 11 voted in favour, 0 against and 0 abstentions.

 

The motion was carried.

 

Resolution

 

Permission granted subject to conditions as per officers recommendations.

 

CONDITIONS

 

Time Limit:

 

1. 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.

 

2. 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.

 

In Accordance:

 

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

Location Plan

D&A Statement

Drainage Statement

Amended Coal Risk Assessment 20.8.2019

 

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:

 

4. No development approved by this permission shall commence until a desktop study has been submitted to and approved by the Local Planning Authority. Should the preliminary risk assessment identify any potential contamination which may affect human health, controlled waters or the wider environment, all necessary site investigation works within the site boundary must be 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.

 

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 under the desktop study condition 4 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. 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.

 

7. 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.

 

8. Prior to the commencement of works, the non-mains foul drainage systems for the dwelling shall be submitted to and approved in writing by the Local Planning Authority. The details hereby approved shall be implemented prior to the use of the dwelling hereby approved.

 

Reason: To enable a satisfactory means of non-mains foul drainage, in compliance with the National Planning Policy Framework and Policy DM12 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

Prior to Occupation

 

9. Prior to the occupation of the development, a surface water drainage scheme based on the hierarchy of drainage options in the National

Planning Practice Guidance with evidence of an assessment of the site conditions (inclusive of how the scheme shall be managed after completion) shall be submitted to and approved in writing by the Local Planning Authority. The surface water drainage scheme must be in accordance with the Non-Statutory technical Standards for Sustainable

Drainage Systems (March 2015) or any subsequent replacement national standards and unless otherwise agreed in writing by the Local Planning Authority, no surface water shall discharge to the public sewerage system either directly or indirectly. The development shall be completed, maintained and managed in accordance with the approved details.

 

Reason: To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution.

 

Advisory Note

 

Any works within or near the Highway must be authorised by Cumbria County Council and no works shall be permitted or carried out on any part of the Highway, including Verges, until you are in receipt of an appropriate permit (I.E Section 184 Agreement) allowing such works. Enquires should be made to Cumbria County Councils Street Work’s team - westst@cumbria.gov.uk

 

Surface water drainage is identified as discharge to existing watercourse  therefore the applicant should contact LRFM team for further advise: No development shall commence until Land Drainage / Ordinary Watercourse consent has been granted for the proposed changes to the watercourse flowing through/close to the site. Contact LFRM Consent LFRM.consent@cumbria.gov.uk for information and guidance.

Report author: Susan Hanley

Publication date: 22/10/2019

Date of decision: 22/10/2019

Decided at meeting: 22/10/2019 - Development Panel

Accompanying Documents: