Decision Maker: Development Panel
Decision status: Refused
Is Key decision?: No
Is subject to call in?: No
The report recommended granting permission subject to conditions.
The Planning and Building Control Manager introduced the item and then went through the main issues as detailed in the report.
Principle of Development
The application has demonstrated that the developer can achieve four units on the site under a conversion scheme in line with Policy S31 of the Local Plan.
However, a higher level of design is achieved on the site through a partial new building utilising the frame of the Dutch barn that sits on the site. Therefore, in considering the fall-back position (4 converted units), officers consider that the conversion of the existing single story building to create two units and a further two new build units created within the frame of the Dutch barn can be supported.
The proposed highway arrangements are considered acceptable.
The applicant has received a high level of design on site, whilst reflecting their inherently rural setting.
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 debate followed relating to highway and access, ecology, visibility splay and the design of the proposal.
Councillor Munby moved the motion to approve as per officers recommendations.
The motion was seconded by Councillor Grainger.
A vote was taken on the motion to grant permission, 11 voted in favour, 0 against and 0 abstentions.
The motion was carried.
Planning permission granted as per officers recommendations.
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.
Accordance with plans:
2. The development hereby permitted shall be carried out solely in accordance with the following plans:
00219/01 Revision C Location Plan (amendment receieved 12 June 2019)
00219:12 Site Plan (amendment received 18 September 2019)
00219:05 Revision E Proposed Plots 3 & 4 Ground Floor Plan (amendment received 18 September 2019)
00219:06 Revision E Plot 3 & 4 First Floor Plan (amendment received 18 september 2019)
00219:07 Revision E Plots 3 & 4 South, East Elevations & Section
(amendment received 18 September 2019)
00219:08 Revision E Plots 3 & 4 North, West Elevations (amendment received 18 September 2019)
00219:09 Revision E Courtyard Elevation (amendment received 18
00219:10 Revision E Plots 1 & 2 Floor Plan (amendment received 18
00219:11 Revision E Plot 1 & 2 Elevations (amendment received 18
00219:13 Drainage Plan Revision E (amendment received 18 September
Survey for Bats, Barn Owls & Breeding Birds
Report on Structural Inspection received 26 July 2019
Specification for Package Treatment Plant
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.
Before development commences
3. The works shall be implemented solely in accordance with the mitigation measures outlined in Section E of the Survey for Bats, Barn Owls and Breeding Birds. This includes provision of hedgerow nesting boxes prior to any of the development hereby commencing.
Reason: To safeguard the habitat of these species in compliance with the National Planning Policy Framework and Policy S35 of the Allerdale Local Plan (Part 1), Adopted July 2014.
Before development first use:
4. Details of all measures to be taken by the applicant/developer to prevent surface water discharging onto or of the highway shall be submitted to the Local Planning Authority for approval prior to any dwelling been occupied.
Any approved works shall be implemented prior to the development being completed and shall be maintained operational thereafter.
Reason: In the interest of highway safety and environmental management.
5. The existing stone wall at the entrance to the proposed site from the A596 shall be reduced in height as shown on drawing no 00219:12 Revision E prior to the occupation of any dwelling.
Reason: In the interest of highway safety.
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 any dwelling(s). 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, in compliance with the National Planning Policy Framework and Policy S4 and S32 of the Allerdale Local Plan (Part 1), Adopted
7. No part of the development hereby permitted shall be built above ground floor level until there has been submitted to and approved by the Local Planning Authority a scheme of hard and soft landscaping which shall include indications of all existing trees and shrubs on the site, and details of any to be retained, together with measures for the protection in the course of development. All planting, seeding or turfing comprised within the 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.
8. Prior to the first occupation details of the management and maintenance programme for all arears of public open space as shown on drawing number 00219:12 Revision E shall be submitted to an approved by the Local Planning Authority. The public open spaces shall upon implementation of the permission be maintained in accordance with the approved management programme.
Reason: To ensure the long term management and maintenance of any public open space within the approved development, in accordance with the National Planning Policy Framework and Policies S2, S4 and DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.
9. There shall be no vehicular access to or egress from the site other than via the approved access (Drawing No. 00219:12 Revision E), unless otherwise agreed in writing by the Local Planning Authority.
Reason: To avoid vehicles entering or leaving the site by an unsatisfactory access or route, in the interest of road safety.
10. The dwelling(s) hereby approved shall not be occupied until the vehicular access, parking and turning requirements for that dwelling 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.
11. 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 Class(es) A, B, C, D and E of Part 1] of Schedule 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 the appearance of the site and safeguard the amenities of adjacent properties.
Report author: Susan Hanley
Publication date: 22/10/2019
Date of decision: 22/10/2019
Decided at meeting: 22/10/2019 - Development Panel