Agenda, decisions and minutes

Development Panel - Tuesday 22nd August, 2017 1.00 pm

Venue: Council Chamber, Allerdale House. View directions

Contact: Dean Devine  01900 702556

Items
No. Item

120.

Minutes of meeting Tuesday 25 July 2017 of Development Panel pdf icon PDF 154 KB

Minutes:

The minutes of the meeting held on 25 July 2017 were agreed as a correct record.

121.

Declaration of Interests

Councillors/Staff to give notice of any disclosable pecuniary interest, other registrable interest or any other interest and the nature of that interest relating to any item on the agenda in accordance with the adopted Code of Conduct.

Minutes:

None received.

122.

Questions

To answer questions from Councillors and members of the public – submitted in writing or by electronic mail no later than 5.00pm, 2 working days before the meeting.

Minutes:

None received.

123.

2/2017/0255 - Land at New Bridge Road, Workington - Erection of pub/restaurant (Class A3/A4) with associated living accommodation, car parking and landscaping, new access road, temporary site access and compound pdf icon PDF 3 MB

Minutes:

Representations

 

The Agent Scott Mackay and the applicants agent Tina Moorhouse spoke in support of the application.

 

Application

 

The Planning Officer recommended approval.

 

The Planning Officer outlined the application and detailed the main issues within the report as follows:

 

·  Principle of Development

 

The proposed use as a pub/restaurant is considered to be a ‘towncentre’ use and as such the application is subject to a sequential assessment to discount other available sites within the town centre.

 

A sequential test has been undertaken which has satisfied Officers that there are no sequentially preferable sites which can accommodate the proposed development and business model.

 

The family pub/restaurant use is not heavily represented in the town. The proposals offer a different family restaurant experience with less emphasis on ‘pub culture’ and with the benefit of outside space. The proposals are therefore unlikely to compete directly with town centre pub/restaurants and unlikely to have any adverse

impact on town centre vitality and viability.

 

·  Sitting and Design

 

The building is designed as a generic building that meets the business model of the pub/restaurant company. A number of amendments have been made at the request of the case officer to incorporate some local distinctiveness.

 

The building is sited central to the site to allow for the entrance access and parking area. The amount of parking is considered adequate and essential for this type of use at this location The scale and massing is considered appropriate and relates well to adjacent buildings.

 

·  Highway Issues

 

The applicant has undertaken extensive pre-application discussion with the Highway Authority. A transport assessment and trip analysis has been provided with swept analysis drawings for large delivery vehicles.

 

The new access will form a junction with the highway at the foot of the road bridge over the river. This access provides adequate visibility splays and is supported by the Highway Authority.

 

A temporary access and associated site compound is planned for the duration of the works to serve construction traffic.

 

Trip analysis has been provided to show cumulative and coincidental vehicle movements between the proposed pub and the existing supermarket. This has been accepted by the Highway Authority in the interests of assessing potential congestion and highway safety.

 

Standard highway conditions are required for further highway

construction details and to safeguard the access and parking.

 

·  Drainage

 

A drainage strategy has been provided regarding foul and surface water. Foul drainage is planned to the main sewer accepted by United Utilities.

 

Surface water drainage meets the sequential approach of discharge to the River Derwent watercourse with managed discharge rates by attenuation. The site is within Flood Zone 1 with only a small area nearest the bridge and river bank within Flood Zone 2/3.

 

The Flood Risk Assessment is conclusive that there is no threat of flooding at the site or increases risk elsewhere. The Environment Agency offers no comment or objection. The Lead Flood Authority agrees the surface water drainage strategy with safeguarding conditions for implementation and maintenance.

 

The surface water to the river is not considered to impact upon general discharge of the river and the biodiversity will not be

affected.

 

·  Contaminated Land

 

The Desk Top Study and ground investigations have concluded no threat to public health from the development with a remediation and safeguarding condition regarding unexpected contamination considered appropriate.

 

·  Trees and Landscaping

 

The temporary access requires the felling of one tree at the

boundary of the site and part of a small group with little landscape impact.

 

To compensate a comprehensive landscaping scheme incorporating remaining trees for the whole site will add to the visual appearance of the site and enhance biodiversity.

 

·  Biodiversity/River Derwent

 

Natural England has been consulted as the upper reaches of the river are designated as a SSSI. They have no objection to general surface water discharge but have requested a number of mitigating measures to prevent river pollution and safeguard wildlife during construction.

 

The Planning Officer advised members the conditions had been challenged by the applicant, condition 11 requires additional information for Highways.

Condition 12 requires re-wording on the visibility splays. The adjustments will be made if the application is approved.

 

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

 

Councillor M Grainger moved approval as per officers recommendations and amendments to conditions 11 and 12.

 

Councillor D Wilson seconded.

 

A vote was taken; 11 voted in favour of approval, 0 against.

 

The motion in favour of approval was carried.

 

Decision

 

Approved

 

Conditions

 

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.

 

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

Construction Environmental Management Plan 3/7/2014

Ray Parry Play Equipment

J16047/MC/4 Remediation Strategy 21/11/2016

J16047/MC/1 8/9/2016 Gas and Water Addendum

40 Rev B Proposed Manhole Connection

50 Rev A Pre cast Concrete Headwall Detail

0068/15/0203 Proposed Floor and Roof Plans

0068/15/0204 Rev A Proposed Elevations (amendment 3/7/17)

0068/15/0205 Rev B Proposed Boundary Treatments

0068/15/0206 Rev B Temporary Works Plan

0068/15/0207 Rev C Location Plan

100 Rev B Proposed Site Levels

210 Rev A Gas Main and Protection Details

348-22-M-01 P1 Mechanical Details

13091 500 Rev E Proposed Drainage Layout (amendment 20/7/2017)

D30523/JM/B Lighting Design

MR-16-103-101 Rev A Soft Landscaping Design

SK001 Rev D Proposed Site Access (amendment 16/6/2017)

A093505 104 P1 Temporary Site Access (amendment 20/7/2017)

13091 Schematic GA (amendment 20/7/2017)

13091 SW Calcs (amendment 20/7/2017)

AMS TPP Rev B Arboricultural Method Statement Tree Protection Plan (amendment 3/7/2017)

0068 15 02 02 Rev D Proposed Site Plan (amendment 3/7/2017)

0068 15 14 25 Rev D Construction Compound Plan (amendment 3/7/2017)

348 22 M 01 Rev P1 Ventilation Plant Details

 

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.

 

3.  The development hereby approved shall be undertaken only in full accordance with the recommendations and measures contained within the approved Construction Environmental Management Plan.

 

Reason : In order to safeguard the interests of biodiversity, general public amenity and highway safety.

 

4.  The development shall be undertaken only in full accordance with the drainage strategy and details submitted. The development shall not be brought into use until the works are fully installed and operational and shall be maintained as such for the lifetime of the development.

 

Reason : In order to achieve a sustainable means of drainage in the interests of minimising the threat of local flooding.

 

5.  The temporary access and site compound shall be constructed before development commences and shall be removed before the development is brought into use.

 

Reason : In the interests of highway safety and visual amenity

 

 

6.  All hard and soft landscaping works shall be carried out in accordance with the approved landscaping plan. The approved scheme shall be fully implemented within the first planting season following the first use of the development approved and any trees or plants which within a period of five 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 others of 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.

 

7.  The development hereby approved shall be undertaken only in full accordance with the recommendations and measures contained within the Tree Protection.

 

Reason : In order to safeguard the trees existing on the site.

 

8.  The manager's residential accommodation approved as part of the development shall be occupied only by someone employed at the premises and their dependants.

 

Reason : It is considered that the residential accommodation is not appropriate for occupation by someone not actively employed at the premises with regard to the standard of residential amenity.

 

9.  The approved strategy (GEA gas and water addendum (J16047/MC/1) dated 8/9/16 and the GEA Remediation Strategy (J16047/MC/4) dated 21/11/16) shall be implemented and a verification report submitted to and approved in writing by the Local Planning Authority, prior to the development being brought into use.

 

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.

 

10. 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.

 

11. The development shall not be brought into use until visibility splays at the existing access hereby approved providing clear visibility of 70 metres in both directions, measured 2.4 metres down the centre of the access road and the nearside channel line of the major road have been provided at the junction of the access road with the County highway. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order) relating to permitted development, no structure, vehicle or object of any kind shall be erected, parked or placed and no trees, bushes or other plants shall be planted or be permitted to be grown within the visibility splay which obstruct the visibility splays.

 

Reason: In the interest of highway safety.

 

12.The development shall not commence until visibility splays at the temporary access hereby approved, providing clear visibility of 70 metres in both directions, measured 2.4 metres down the centre of the access road and the nearside channel line of the major road have been provided at the junction of the access road with the County highway. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order) relating to permitted development, no structure, vehicle or object of any kind shall be erected, parked or placed and no trees, bushes or other plants shall be planted or be permitted to be grown within the visibility splays which obstruct the visibility splays. The visibility splays shall be constructed before general development of the site commences and retained for the lifetime of the temporary access so that construction traffic is safeguarded.

 

Reason: In the interests of highway safety.

 

13. The use shall not be commenced until the access and parking requirements have been constructed in accordance with the approved plan. Any such access and or parking provision shall be retained and be capable of use when the development is completed and shall not be removed or altered without the prior consent of the Local Planning Authority.

 

Reason : To ensure a minimum standard of access provision when the development is brought into use.

124.

2/2017/0283 - Moorhouse, Greengill, Aspatria - Change of use to provide camping site - Retrospective pdf icon PDF 1 MB

Minutes:

Representations

 

The applicant Sarah Watt spoke in support of the application.

 

Application

 

The Principal Planning Officer recommended refusal.

 

The Principal Planning Officer outlined the application and detailed the main issues within the report as follows:

 

·  Principle

 

The location of the proposal would not comply with the sequential approach to managing the location of new tourist accommodation

within the Borough set out by policy S17.

 

·  Landscape and Visual Impacts

 

Wider landscape and visual impacts of the proposal are not

considered to be significant, given the screening provided by

existing hedgerows. However, the proposal would result in an

encroachment of development onto undeveloped greenfield land.

Policy S17 seeks to control such development to resist sporadic

encroachment of such development across the open countryside.

 

·  Ecology and Biodiversity

 

It is considered that the proposal would not have any significant

impacts on ecological or biodiversity value.

 

·  Sustainability

 

The proposal has positives and negatives in terms of sustainability. It would promote economic growth by supporting the development of additional tourist accommodation of a type that is not yet widespread in the Borough. It would provide additional income/new employment for the operator and those holidaying at the premises would make some use of local shops, pubs/restaurants and leisure activities, thereby contributing in a small way to the local economy and towards a strategic priority of the Council. However, the proposal is located in a rural and relatively isolated location, and it is considered that most users of the tourist accommodation would be reliant on the car for the majority of journeys, detracting from the sustainability of the proposal. Further, the proposal encroaches onto greenfield land, eroding further this

undeveloped part of the open countryside.

 

 

 

 

·  Access and Parking

 

The Highways Authority recommend refusal due to the lack of a speed survey to inform the required visibility splays, given that the full 215m splays for a National Speed Limit road are restricted to the south by a rise in the road.

 

The proposal will result in a relatively small number of vehicular movements and whilst visibility is restricted to a degree to the south by the rise in the road, it is considered that the visibility available is sufficient to ensure that the risk to users of the access would not be severe. As such, refusal on these grounds is not considered justified.

 

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

 

Councillor J Farebrother moved approval as per the officer’s recommendations.

 

Councillor D Wilson Seconded.

 

A vote was taken; 4 voted in favour of refusal, 6 against.

1 abstention.

 

The motion for refusal was lost.

 

Councillor A Markley proposed to grant the application on the grounds that the economic benefits of the proposal outweighs the conflict with Council policy.

 

The Head of Development Services advised that if members wished to approve the application it should be advertised as a departure to the Development Plan and if this process resulted in any new issues being raised the application would be referred back to Development Panel. The Head of Development Services also suggested that the wording of appropriate conditions be delegated to officers.

 

Councillor A Markley agreed to amend his motion accordingly.

 

Councillor M Jenkinson seconded.

 

Councillor B Pegram requested an amendment that a condition be included that the visibility be improved as far as it is possible to achieve using land in the applicants control.

 

A vote was taken; 8 voted in favour of approval, 2 against.

1 abstention.

 

The motion in favour of approval was carried subject to the application being advertised as a departure to the Development Plan and the wording of conditions delegated to the Head of Development Services.

 

Decision

 

Approved

 

Conditions

 

The wording of conditions is delegated to the Head of Development Services.

125.

2/2017/0365 - Mill Barn, Wiggonby - Proposed affordable dwelling pdf icon PDF 939 KB

Minutes:

Representations

 

S Long, The Principal Planning Officer read out a letter on behalf of Paul Tyson.

 

S Long, The Principal Planning Officer read out a letter on behalf of Councillor Macdonald, Ward Councillor.

 

Anthea Jones the agent spoke in support of the application.

 

Application

 

The Principal Planning Officer recommended refusal.

 

The Principal Planning Officer outlined the application and detailed the main issues within the report as follows:

 

·  Principle of Development

 

The application site is located in the village of Wiggonby in an open countryside location outside any defined settlement limit. The proposed dwelling represents an inappropriate and non-essential form of development in the open countryside contrary to the provisions of Policy S3, S5 and S9 of the Allerdale Local Plan (Part1).

 

·  Layout, Scale and Appearance

 

It is considered that a suitable layout of the site and design of dwelling can be achieved on the site whilst safeguarding the amenity of adjoining properties.

 

·  Access

 

It is considered an acceptable access and egress can be achieved

for the site.

 

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

 

Councillor N Cockburn moved refusal as per the officers recommendations.

 

Councillor Janet Farebrother Seconded.

 

A vote was taken; 7 voted in favour of refusal, 4 against.

 

The motion in favour of refusal was carried.

 

Decision

 

Refused

126.

2/2017/0005 - Grahams Garage, Prospect - Demolition of commercial buildings and residential development of up to 20 dwellings - Resubmission of application 2/2016/0059 pdf icon PDF 1022 KB

Minutes:

Representations

 

The Applicant Richard Evans and the Agent Brian Graham spoke in support of the application.

 

Application

 

The Principal Planning Officer recommended approval subject to S106 planning obligation.

 

The Principal Planning Officer outlined the application and detailed the main issues within the report as follows:

 

This application was considered by the Development Panel on 27 June 2017 when Members resolved to grant planning permission.

 

Whilst officers had recommended that planning permission be refused, Members resolved to grant planning permission for the following reason:

 

“Owing to financial viability and sustainability of this employment site in the long term being unsustainable the merits of the application outweigh the constraints of policy S12 in this isolated case”.

 

Members were advised that as the decision would be a departure from Development Plan Policy it would be necessary to advertise this prior to the issue of a decision notice and should any objections be received the application would be referred back to the Panel for further consideration.

 

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

 

Councillor N Cockburn moved approval as per the officer’s recommendations subject to S106 planning obligation.

 

Councillor M Grainger Seconded.

 

A vote was taken; 10 voted in favour of approval, 1 against.

 

The motion in favour of approval was carried subject to S106 planning obligation.

 

Decision

 

Approved

 

 

 

 

Conditions

 

1.  Before any works commence 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 development hereby permitted shall be carried out in accordance with the following plans:

DWG NO 15 PG LOC Location Plan

DWG NO 15 PG LOC Site Plan

RLP15PHA1009 Final - Ecological Report

Phase 1 Desk Top Study

 

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.

 

3.  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.

 

4.  Any proposed garaging facilities approved at 'reserved matters' shall at all times be retained for the parking of motor vehicles and shall not be used for or converted into habitable residential living accommodation without the written consent of the Local Planning Authority.

 

Reason: To ensure the provision of satisfactory vehicular parking facilities within the application site, in compliance with the National Planning Policy Framework and Policy S22 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

 

5.  Provision shall be made in the submission of any reserved matters application for a minimum of two parking spaces for each individual dwellinghouse.

 

Reason: To ensure that a minimum standard of off-street parking provision is made for the development and in the interests of highway safety in compliance with the National Planning Policy Framework and Policy S22 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

6.  The carriageway, footways and footpaths shall be designed, drained and lit to a standard suitable for adoption and in this respect further details, including longitudinal/cross sections, shall be submitted to the Local Planning Authority for approval before any part of the development hereby permitted is commenced. No work shall be commenced until a full specification has been approved. These details shall be in accordance with the standards laid down in the current Cumbria Design Guide. Any works so approved shall be constructed before the development is fully occupied.

 

Reason: To ensure a minimum standard of construction within the approved development in the interests of highway safety.

 

7.  The development shall not be brought into use until visibility splays providing clear visibility of 120 metres x 2.4 metres measured down the centre of the access road and the nearside channel line of the major road have been provided at the junction of the access road with the county highway. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order) relating to permitted development, no structure, or object of any kind shall be erected or placed and no trees, bushes or other plants which exceed 1m in height shall be planted or be permitted to grow within the visibility splay which obstruct the visibility splays.

 

Reason: To ensure an acceptable standard of highway access during the construction and operational use of the site, in compliance with the National Planning Policy Framework and Policy S2 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

8.  Before the dwellings are occupied the existing access to the highway shall be permanently closed and the highway crossing and boundary shall be reinstated in accordance with details which have been submitted to and approved by the Local Planning Authority.

 

Reason: To minimise highway danger for construction or operational traffic and for the avoidance of doubt.

9.  There shall be no vehicular access to or egress from the site other than via the approved access, unless otherwise agreed by the Local Planning Authority.

 

Reason: In the interests of highway safety and environmental management.

 

10. Foul and surface water shall be drained on separate systems.

 

Reason: To secure proper drainage and manage the risk of flooding and pollution.

 

11. Prior to the commencement of any 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. In the event of surface water draining to the public surface water sewer, the pass forward flow rate to the public surface water sewer should be restricted to existing greenfield runoff for any storm event.

 

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

 

12. No development shall be occupied until the details of future drainage maintenance and operation are agreed in writing with the Local Planning Authority. The development shall thereafter be maintained at all times in accordance with the approved details.

 

Reason: To ensure that the surface water system continues to function as designed.

 

13. No dwellinghouses shall be sited within an easement strip of 3 metres either side of the centre line of the existing sewers traversing across the site.

 

Reason: In order to protect the existing drainage infrastructure services on the site.

 

14. Further to the Phase 1 Desk top study ref CC/RG/PG1#1 (July 2015) , all necessary site investigation works within the site boundary as part of a Phase 2 ground investigation report 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.

 

15. Should land affected by contamination be identified under the desktop study condition 14 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.

 

16. Should a remediation scheme be required under condition 15, 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.

 

17. 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.

 

18. No development shall take place until a Construction and Demolition Method Statement has been submitted to and approved in writing by the Local Planning Authority. The statement 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) Details of lighting to be used on site.

(i) Highway signage / Haulage routes

The approved statement shall be adhered to throughout the duration of the development.

 

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.

 

19. No part of the development hereby permitted shall be commenced until a plan has been submitted to and approved by the Local Planning Authority to show all existing trees which are to be felled or retained, together with the positions and height of protective fences, the areas for the storage of materials and stationing of machines and huts, and the position and width of temporary site roads and accesses. The details so approved shall be implemented prior to the commencement of the development and maintained at all times during the construction period.

 

Reason: In order to ensure that adequate protection is afforded to the existing trees on the site prior to any excavation/construction works on the site.

 

20. The details submitted in pursuance of Condition 1 shall be accompanied by a scheme of hard and soft landscaping which shall include indications of all existing trees, hedgerows 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, in compliance with the National Planning Policy Framework and Policies S4 and DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.

127.

2/2017/0291 - Fair View, Winscales - Construction of two new dwellinghouses pdf icon PDF 946 KB

Minutes:

Application

 

The Head of Planning Services recommended approval.

 

The Head of Planning Services outlined the application and detailed the main issues within the report as follows:

 

·  Principle of development

 

The principle of the development of two dwellings has been established through a previous grant of planning permission which remains extant although it should be noted the dwellings are larger than those previously permitted.

 

·  Visual and Landscape Impact

 

An off site planting scheme is proposed on land owned by the applicant which will help screen the proposed dwellings and integrate them into the landscape.

 

·  Highways and Parking

 

There are no objections from a highway point of view subject to a condition requiring any access gates should open away from the highway.

 

·  Contamination

 

Environmental Protection advise that conditions should be

attached to any planning approval.

 

·  Drainage

 

United Utilities advise that conditions should be attached to any planning approval.

 

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

 

Councillor N Cockburn moved approval as per the officer’s recommendations.

 

Councillor D Wilson Seconded.

 

A vote was taken; 9 voted in favour of approval, 2 against.

 

The motion in favour of approval was carried.

 

 

 

 

Decision

 

Approved

 

Conditions

 

1.  The development hereby permitted shall be begun before the expiration of three years from the date of the permission.

 

Reason: In order to comply with Section 91 of the Town and Country Planning Act 1990.

 

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

1688-02C Block Plan

1688-03B Plot 1 Floor Plans

1688-04B Plot 1 Elevations

1688-05B Plot 2 Floor Plans

1688-06B Plot 2 Elevations

Drawing 04 Planting plan and landscape note

Drawing 05 Plant specification & Schedule

 

Reason: In order 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.

 

3.  The approved landscaping scheme (Drawing 04 Planting plan and landscape note; Drawing 05 Plant specification & Schedule) shall be carried out in the first planting season following the commencement of the development and any trees or plants which within a period of five 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 others of 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.

 

4.  Access gates, if provided, shall be hung to open inwards only away from the highway.

 

Reason: In the interests of highway safety

 

5.  Prior to the commencement of any 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. In the event of surface water draining to the public surface water sewer, the pass forward flow rate to the public surface water sewer should be restricted to existing greenfield runoff for any storm event.

 

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

 

6.  Before development commences full details of the siting and capacity of the existing private septic shall be submitted to the Local Planning Authority and approved in writing. Alternatively details of other appropriate means of foul drainage shall be provided and approved in writing by the Local Planning Authority.

 

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

 

7.  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

 

8.  Should land affected by contamination be identified under the desk top study under condition 7 be found 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

 

9.  Should a contamination remediation scheme be required under condition 8 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.

 

10. 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.

 

11. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) no buildings, structures, extensions, fences, gates, walls or other means of enclosure shall be erected within the curtilage of any dwelling without the prior written approval 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.

128.

HOU/2017/0056 - Replacement of front and rear doors with flood resistance doors - 38 Challoner Street, Cockermouth pdf icon PDF 2 MB

Minutes:

Application

 

The Head of Planning Services recommended approval.

 

The Head of Planning Services outlined the application and detailed the main issues within the report as follows:

 

·  Proposal

 

The proposed front door is not of an appropriate design for the Conservation Area. The benefits offered in terms of the flood protection measures of the door do not offset the harm the proposal would have on the setting of the Conservation Area.

 

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

 

Councillor M Grainger moved approval.

 

Councillor B Pegram Seconded.

 

A vote was taken; 11 voted in favour of approval, 0 against.

 

The motion in favour of approval was carried.

 

Decision

 

Approved