Decision details

Development Panel - VAR/2019/0025 - Land off Strawberry How Road, Cockermouth - Non-compliance with condition 1 of 2/2018/0155 for amended house types, materials, foul drainage, boundary treatments, CMP laydown/compound areas, relocation of two Affor

Decision Maker: Development Panel

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decisions:

Representations

 

Martin West spoke against the application

 

Councillor Alan Smith on behalf of All Saints (Cockermouth) ward spoke against the application

 

The agent, David Hayward, spoke in support of the application

 

Application

 

The report recommended approval, subject to conditions.

 

The Planning and Building Control Manager introduced the report. This item was presented to panel on 14 January 2020 and the decision was to defer pending a site visit, the officer confirmed that the development panel had attended a site visit prior to this meeting.

 

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

 

Principle of Development

 

The principle of the development has already been determined to be acceptable at the outline stage (2/2016/0670).

 

Affordable Housing

 

Proposals to change the tenure of 12 one bedroom flats have been withdrawn from the application.

 

The Planning and Building Control Manager advised that the proposal included revised house types, boundary treatment changes, foul drainage changes, changes to materials and relocation of two affordable units within the site. It was also clarified to members that this application is for reserved matters only, and that water run-off, the cycle path and sewer works are not relevant. Matters which are relevant include layout and scale of houses and whether they alter residential amenity.

 

Members were also shown comparisons between the original approved plans and the proposed plans.

 

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 officers and debate followed relating to the height massing, the location of the building compound, footpath and separation distances.

 

Councillor Grainger moved the motion to grant permission, subject to conditions.

 

The motion was seconded by Councillor Munby.

 

A vote was taken on the motion to grant permission, 9 voted in favour, 2 voted against and 0 abstentions.

 

The motion was carried.

 

Resolution

 

Permission granted as per officers recommendations

 

CONDITIONS

 

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

·  Amended DWG SL20032.90.9.SL.RDS73 REV G - Site Layout 29.11.19

·  Bin Store Layout - drawing number SL20032.90.9.2BSLs73 rev A received 22 Nov 2019

·  Boundary Treatments - drawing number SL20032.90.9.BTs73 rev B received 27 Nov 2019

·  Management Layout - drawing number SL20032.90.9.MLs73 rev F received 22 Nov 2019

·  Hard surfaces - drawing number SL20032.90.9.2HSs73 rev B received 22 Nov 2019

·  Construction Management Plan Laydown/Compound Areas, re-location of two Affordable Housing Units. 

·  Footway signage plan - drawing number SL20032.90.9.FSP rev A received 22 Nov 2019

·  Elevation Treatments - drawing number SL20032.90.9.ETs73 rev A received 22 Nov 2019

·  Business Plan / CMP - drawing number SL20032.90.9.BPs73 rev C received 22 Nov 2019

·  Detailed Layout - drawing number SL20032.90.9.DLs73 rev D received 22 Nov 2019

·  Wilson House Type Booklet - drawing number Contents: Planning WLN-P-CON rev A, Planning Layout 1 drawing number WLN-PLP1 rev A, Planning Elevation 1/1 (front) WLN-PLE1/1 rev A, Planning Elevation 1/2 (Front) drawing number WLN-PLE1/2 rev A, Planning Elevation 1/3 (Front) drawing number WLN-PLE1/3 rev A, Planning Layout 2 (Corner) drawing number WLN-PLP2 rev A, Planning Elevation 2/1 (Corner) drawing number WLN-PLE2/1 rev A, Planning Elevation 2/3 (Corner) drawing number WLN-PLE2/3 rev A, Planning Elevation 2/4 (Corner) drawing number WLN-PLE2/4 rev A, received 22 Nov 2019  Westbury House Type Booklet - drawing number Contents: Planning WES-STR-P-CON, Planning Layout 1 drawing number WES-PLP1, Planning Elevation 1/1 (front) WLN-PLE1/1 rev A, Planning Elevation 1/2 drawing number WES-STR/PLE1/2, received 22 Nov 2019

·  RSL and Discounted properties drawing number SL20032.90.9.SL.RDs73 rev G, received 29th November 2019. PROW Strategy drawing number 20032.90.9.SL.PROWs73 rev B received 22 Nov 2019

·  Parking Layout - drawing number SL20032.90.9.PLs73 rev A  received 22 November 2019.

·  Boundary Details - 1800mm high fence BD-05 rev A, 1762mm High Brick Wall BD-15, 375/500mm trip rails BD-24, 1200mm High Railings BD-41, 1200mm High Netting Fence BD-52,  1800mm Brick Wall with Lapped Boarding drawing number BD-86 received 22 Nov 2019.

·  House Type Charlton

·  Construction Method Statement Rev B August 2019

·  Dwg 20032 - LOC s73 Site Location Plan

·  Dwg C-GA-201 External Works - Sheet 1 Rev P7 received 12.02.2020 

·  Dwg C-GA-202 External Works - Sheet 2 Rev P8 received 19.02.2020 

·  Dwg C-GA-203 External Works - Sheet 3 Rev P6 received 12.02.2020

·  Dwg C-GA-204 External Works - Sheet 4 Rev P6 received 12.02.2020

·  Dwg C-GA-400 Proposed Drainage Strategy Rev P10 received 12.02.2020

·  Dwg C-GA-401 P6 Proposed Drainage Arrangement Sheet 1 Rev P7 received 12.02.2020 

·  Dwg C-GA-402 P6 Proposed Drainage Arrangement Sheet 2 Rev P7 received 12.02.2020 

·  Dwg C-GA-403 P7 Proposed Drainage Arrangement Sheet 3 Rev P8 received 12.02.2020 

·  Dwg C-GA-404 P8 Proposed Drainage Arrangement Sheet 4 Rev P8 received 12.02.2020

·  Dwg C-GA-501 P6 SUDS Arrangement & Details

·  Dwg C-P2A-GA-402 C1 Proposed Drainage Arrangement Sheet 2

·  Dwg SHSGP2A-WW-01 C Phase 2a Landscaping Plan Rev C received 12.02.2020

·  Dwg SHSGP2B-WW-01-B Phase 2b Landscaping Plan Rev B received 12.02.2020

·  Dwg SHSGP2B-WW-02-B  Phase 2b Landscaping Plan Rev B received 12.02.2020

·  Dwg SHSGP2-WW-03 Sheet 1 of 3 Landscape Management Plan Rev C received 12.02.2020

·  Dwg SHSGP2-WW-03 Sheet 2 of 3 Landscape Management Plan Rev B received 12.02.2020 

·  Dwg SHSGP2-WW-03 Sheet 3 of 3 Landscape Management Plan Rev B received 12.02.2020

·  Dwg SL20032 .90.9.SS Streetscene 1 

·  Dwg SL20032 .90.9.SS2 Streetscene 2 

·  Dwg SL20032 .90.9.SS3 Streetscene 3 Rev A, amended plan received 12 December 2019

·  Emmerson - A01 - Planning Drawings

·  Fraser - A01 - Planning Drawings

·  Garage - A01 - Planning Drawings

·  Ground Investigation Report

·  Harper- A01 - Planning Drawings

·  Harrison - A01 - Planning Drawings

·  Hewson - A01 - Planning Drawings

·  House Type The Birch

·  House Type The Cherry

·  House Type The Hawthorn

·  House Type The Sycamore

·  Layton - A01 - Planning Drawings

·  Masterton - A01 - Planning Drawings

·  Pennington - A01 - Planning Drawings

·  Sanderson - A01 - Planning Drawings

·  Schedule of Finishes

·  Spencer - A01 - Planning Drawings

·  Construction Method Statement Rev B August 2019

·  Incident Monitoring Plan Rev 1

·  C-D-001 External Construction Details - T6, Amended Plan received 20/05/2019

·  C-P2A-GA-101 Surface Finishes & Kerbing Arrangement - T6 Amended Plan received 20/05/2019. 

·  C-P2A-GA-310 Carriageway & Drainage Longsections - Sheet 1 - T3

·  Ground Gas Assessment Addendum Report, received 13/05/2019

·  OLS-061901-01-Street Lighting - T3 Amended Plan received 20/05/2019 

·  C-P2A-GA-401 Proposed Drainage Arrangement - T4 REV C3 received 18/12/2019

·  C-P2A-GA-501 SUDS Arrangement & Details - T5

·  C-P2A-GA-610 Temporary SUDS Strategy - T4

·  Amended Plan C-P2A-GA-038 Phase 2A Section 38 Agreement - T4, received 20/5/2019

·  Strawberry Grange Ph2 - Material Samples

 

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.

 

2. The development hereby permitted shall be completed in accordance with the  recommendations and mitigation measures contained within the Flood Risk Assessment Addendum produced by CK21 Ltd (referenced Rev A; dated April 2018).

 

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

 

3. The development hereby permitted shall be completed in accordance with the recommendations and mitigation measures contained within the updated Chapter 6A - Ecology of the Environmental Statement.

 

Reason: To minimise the impacts of the development on the ecological interests of the site in compliance with the National Planning Policy Framework, and Policy S35 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

4. Any permanent lighting installed within Phase 2a shall be in accordance with OLS-061901-01-Street Lighting - T3,  and shall be retained as approved for the lifetime of the development. Reason: To minimise the impacts of the development on the ecological interests of the site in compliance with the National Planning Policy Framework, and Policy S35 of the Allerdale Local Plan (Part 1), Adopted July 2014. 

 

Reason: To minimise the impacts of the development on the ecological interests of the site in compliance with the National Planning Policy Framework, and Policy S35 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

5. No further phase of the development (following Phase 2a as shown on OLS-061901-01-Street Lighting - T3) shall commence until a bat-sensitive lighting scheme has been submitted to and approved in writing by the Local Planning Authority for that phase, including the construction phase. Any temporary or permanent lighting installed at the site shall be in accordance with the approved details and where permanent, shall be retained for the lifetime of the development.

 

Reason: To minimise the impacts of the development on the ecological interests of the site in compliance with the National Planning Policy Framework, and Policy S35 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

6. The approved measures contained within the Silt Management and Incident Monitoring Plan Rev 1 shall be fully implemented and maintained at all times during the construction phase of the development. The Silt Management and Incident Monitoring Plan shall be adhered to for the duration of the construction phase.

 

Reason: To prevent pollution of the water environment and to minimise the impacts of the development on the ecological interests of the adjacent water environment in compliance with the National Planning Policy Framework, and Policies S35 and S36 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

 

7. The construction of Phase 2a of the development hereby approved (as defined on drawing Amended DWG SL20032.90.9.SL.RDS73 REV G - Site Layout 29.11.19) shall be undertaken in accordance with Construction Method Statement Rev B August 2019, and Business Plan / CMP - drawing number SL20032.90.9.BPs73 rev C received 22 Nov 2019.

 

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 and in the interests of highway safety.

 

8. No subsequent phase of the development hereby permitted (following Phase 2a as defined on drawing Amended DWG SL20032.90.9.SL.RDS73 REV G - Site Layout 29.11.19) shall commence until an updated Construction Management Plan specific to those phases has been submitted and approved in writing by the Local Planning Authority. The Construction Management Plan shall include the following: 

a) Traffic Management Plan to include all traffic associated with the development, including site and staff traffic, off site parking, turning and compound areas; 

b) 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. 

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

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

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

f) Programme of work for Demolition and Construction phase; 

g) Hours of working and deliveries; 

h) Highway signage/ Haulage routes.  The approved statement shall be adhered to throughout the duration of the development.

 

Reason:  Having regard to the layout of the proposed scheme and the proximity to existing residents, the updated CEMP for Phase 2 is considered necessary 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 and in the interests of highway safety.

 

9. For phase 2a of the development (as defined on drawing Amended DWG SL20032.90.9.SL.RDS73 REV G - Site Layout 29.11.19), the carriageways, footways, footpaths, cycleways etc. shall be designed and constructed, drained and lit in accordance with the approved plans,  before the development of that phase is complete, and before the development of any new phase commences.

 

Reason: To ensure a minimum standard of construction to those internal roads detailed as part of the layout of Phase 2, in the interests of highway safety.

 

10. The carriageways, footways, footpaths, cycleways etc for all subsequent phases (following Phase 2a), 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 for phase 2 to the Local Planning Authority for approval before work commences on that phase. No work shall be commenced on that phase 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 of that phase is complete and before the development of any new phase commences.

 

Reason: To ensure a minimum standard of construction to those internal roads detailed as part of the layout of Phase 2, in the interests of highway safety.

 

11. For Phase 2A of the development hereby approved (as defined on drawing Amended DWG SL20032.90.9.SL.RDS73 REV G - Site Layout 29.11.19), all measures to be taken by the applicant/developer to prevent surface water discharging onto or off the highway shall be constructed in accordance with the approved plans prior to that phase of the development being completed, and shall be maintained operational at all times thereafter.

 

Reason: To ensure that the detailed layout for Phase 2 incorporates appropriate measures to control surface water, in the interests of highway safety.

 

12. For any subsequent phase of development (following Phase 2a), 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 the development being commenced. Any approved works shall be implemented prior to the development being completed and shall be maintained operational at all times thereafter.

 

Reason: To ensure that the detailed layout for Phase 2 incorporates appropriate measures to control surface water, in the interests of highway safety.

 

13. Notwithstanding the submitted plans, the estate railings proposed across those parts of the development site boundary that adjoin the cul de sac heads of Coniston Drive and Ullswater Drive shall not extend across the proposed footpath links and will prohibit vehicular access. No new fencing shall be erected at any time within the site to obstruct these pedestrian links.

 

Reason: To allow for pedestrian permeability through the site to adjoining land, in accordance with Policy S4 of the Allerdale Local Plan Part 1 and advice contained within the NPPF (2018).

 

14. The proposed footpath link up to Coniston Drive (adjacent Plot 62) shall be laid up to the boundary of the site and any existing fencing within the site boundary shall be removed for the width of the footpath link prior to the occupation of Plot 62.  The link shall thereafter be retained.

 

Reason: To facilitate pedestrian permeability through the site to adjoining land, in accordance with Policy S4 of the Allerdale Local Plan Part 1 and advice contained within the NPPF (2018).

 

15. The dwellings hereby permitted shall be constructed in accordance with brick, sandstone, render and roofing materials samples provided in document 'Strawberry Grange Ph2 - Material Samples'.  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.

 

16. A scheme for the phased delivery of all planting, seeding or turfing comprised within the approved landscaping scheme shall be submitted to the Local Planning Authority for approval in writing prior to the construction of any dwelling above ground floor level. The development shall be completed in accordance with the approved delivery scheme. Should any trees or plants which within a period of 5 years from the completion of that phase 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.

 

17. A landscaping management plan including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, other than small privately owned domestic gardens, shall be submitted to and approved by the Local Planning Authority prior to the occupation of any dwellinghouse. The development shall thereafter be maintained at all times in accordance with the approved management plan.

 

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

 

18. No development shall commence on plots 51 - 57, 58 - 92, plots 100 - 105, 113 - 122, or on the proposed highway beyond plot 50 unless and until a footpath Stopping Up Order for Public Right of Way 223003 has been made and confirmed by the LPA or the Secretary of State for its full length where it crosses the application site.

 

Reason: To ensure that the development does not obstruct PROW 223003, which presently crosses the site.

 

19. Should a Stopping Up Order for Public Right of Way 223003 (where it crosses the application site) be made and confirmed by the LPA or the Secretary of State, a temporary permissive pedestrian route shall be made available for immediate public use through the site from Bellbrigg Lonning in the west (adjacent to 36 Bellbrigg Lonning) to PRoW 223003 at the eastern boundary, until such time as the permanent footpath, footway and carriageway route through the site as shown hatched green on drawing PROW Strategy reference 20032.90.9.SL.PROWs73 Revision B, received on the 22 November 2019, is made available for use along its entire length and the management plan referred to in condition 24 has been approved. The temporary permissive pedestrian route shall follow the alignment of the temporary  permissive pedestrian route as shown by a hatched light blue line on Business Plan / CMP - drawing number SL20032.90.9.BPs73 rev C received 22 Nov 2019, or such other alternative temporary permissive pedestrian route(s) across the application site as agreed by the Council pursuant to the Footpath Management Plan referred to in condition 20 below.

 

Reason: To ensure that a temporary permissive pedestrian route through the site connecting Bellbrigg Lonning to PROW 223003 is available until permanent routes through the site are made available.

 

 

20. Prior to the stopping up of PRoW 223003 where it crosses the site, a detailed Footpath Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Footpath Management Plan shall detail how the temporary permissive pedestrian route through the site from Bellbrigg Lonning in the west (adjacent to 36 Bellbrigg Lonning) to PRoW 223003 at the eastern boundary as specified in condition 19 will be maintained and managed through all phases of the construction of the development, including details of any re-routing, signage and notification to the public. The development shall be completed only in accordance with the approved Footpath Management Plan.

 

Reason: To ensure the availability of the temporary permissive pedestrian route, and that sufficient notice and publicity is provided to the public and that the safety of pedestrians is duly considered.

 

21. Prior to development commencing on the permanent footpath, footway and carriageway route hereby approved, details of the design of the 'motif' to be inlaid within the permanent footpath, footway and carriageway route shall be submitted to the Local Planning Authority for approval in writing. The approved motif shall be inlaid within the permanent footpath, footway and carriageway as approved and in accordance with the locations specified on drawing, Amended Plan SH Footway Signage Plan 22.11.2019, and shall be maintained and retained thereafter for the lifetime of the development.

 

Reason: To secure the outstanding detail for the permanent route and to ensure the route achieves a good standard of design.

 

22. Within 1 month of the construction of the permanent footpath, footway and carriageway route, the signage shown on drawing reference SL20032.90.9.FSP rev A Footway Signage Plan, shall be erected as approved and shall be maintained and retained thereafter for the lifetime of the development.

 

Reason: To ensure that the permanent route through the site connecting to PRoW 223003 is adequately signposted.

 

23. Notwithstanding the approved plans, revised house types shall be submitted to the  Local Planning Authority for approval in writing for plots 30, 57, 23, 24, 5, 6, 71 and 74, which shall include additional window openings to the side elevations that serve to increase natural surveillance of the eastern footpath and/or internal roads. The development shall be completed only in accordance with the approved details.

 

Reason: To ensure an appropriate level of natural surveillance to public routes to improve security and safety across the site, in accordance with policies S4 and DM14 of the Allerdale Local Plan Part 1.

 

24. A management plan, including management responsibilities and maintenance schedule for the permanent footpath, footway and carriageway route through the site shall be submitted to and approved in writing by the Local Planning Authority prior to the removal of the temporary permissive pedestrian route. The permanent footpath, footway and carriageway route shall thereafter be maintained at all times in accordance with the approved management plan.

 

Reason: To ensure the long term maintenance and management of the permanent footpath, footway and carriageway route in the event that it is not formally adopted.

Report author: Susan Hanley

Publication date: 12/02/2020

Date of decision: 11/02/2020

Decided at meeting: 11/02/2020 - Development Panel

Accompanying Documents: