Agenda, decisions and minutes

Development Panel
Tuesday 14th November, 2017 1.00 pm

Venue: Theatre - The Wave Centre, Maryport. View directions

Contact: Kathryn Magnay  01900 702635

Items
No. Item

227.

Minutes of meeting Tuesday 17 October 2017 of Development Panel pdf icon PDF 157 KB

Minutes:

The minutes of the meeting held on 17 October 2017 were agreed as a correct record.

 

228.

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 declared.

229.

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.

A Seekings, Corporate Director entered the meeting

230.

2/2017/0411 - Harris Brow, Great Broughton - Outline application for new dwelling pdf icon PDF 2 MB

Minutes:

Representations

 

Sallie Morris and John Morris spoke in objection to the application.

 

Application

 

The Planning Officer recommended refusal.

 

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

 

·  Principal

 

Notwithstanding the fact that the site lies outside of the saved settlement limit for Broughton, the site lies directly adjacent to the saved settlement limit. The scale of development proposed is not considered to be disproportionate to the size of the settlement nor its role as a Local Service Centre.

 

The council can demonstrate a 5-year supply of housing and therefore the policies for supply of housing contained within the adopted Local Plan are to be considered up-to-date.

 

Officers consider the site as unsuitable for development for a dwelling, due to the unsafe proposed vehicular access arrangements and the adverse visual and landscape impact of the housing development on this elevated site at the entrance to the village.

 

There are local concerns regarding the adverse impact of developing this green field site for residential development. Concerns relate to adverse impacts on visual amenity, the adverse impact on the character of the locality at this ‘gateway site’, the loss of agricultural land and existing rights of way into the nearby fields and the Derwent Valley.

 

·  Access

 

The access arrangements are not considered to be safe by Cumbria Highways due to the restricted visibility within the locality and proximity to nearby junctions.

 

·  Sitting, Design, Materials

 

This is an outline planning application however the vehicular access arrangements are to be considered at this stage. Matters relating to appearance, landscaping, layout and scale are planning matters to be dealt with subsequently as reserved matters.

 

 

 

·  Hedgerows

 

A significant length of hedgerow would be required to be removed to secure the visibility splays. Part of the visibility splay would require hedgerow removal not in the applicant’s land ownership.

 

·  Landscape and Visual impact

 

Officers consider the development of this undeveloped and elevated site for a housing development would have an adverse impact on the landscape and visual character of this gateway site to the village.

 

·  Drainage

 

A public sewer crosses the site and United Utilities will not allow development within 3m either side of the centre line of the sewer. The proposal indicates that foul sewage will be disposed of mains and surface water will be disposed of to an existing water course.

 

Members were informed by the Principal Planning Officer that further to the preparation of the report the applicant had lodged an appeal on the grounds of non-determination. Although this meant that the Planning Inspectorate would now be the determining authority on the merits of the application, the Inspectorate as part of the appeal process would seek the views of the Council as to what they would have been minded to decide if they had still been the determining authority on the application. Members should therefore continue to assess the merits of the application including officer’s recommendation to ascertain the grounds of their own appeal consultation response to be forwarded for consideration by the Inspectorate.

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 refusal as per officer’s recommendations.

 

Councillor D Wilson seconded.

 

A vote was taken; 12 voted in favour of refusal, 0 against.

 

The motion in favour of refusal was carried.

 

Decision

 

Refused.

 

231.

2/2017/0433 - Land adjacent to The Crofts, Pardshaw - Demolition of existing redundant barns and erection of 5 new dwellings around courtyard parking area, associated domestic gardens and covered carport pdf icon PDF 777 KB

Minutes:

Representations

 

Phil Hodgson, Michael Ward and Wendy Rotarides spoke in objection to the application.

 

Application

 

The Planning Officer recommended approval.

 

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

 

·  Principal

 

The village of Pardshaw is defined as an Infill/ Rounding Off village, under Policy S3 Spatial Strategy and Growth, Allerdale Local Plan (Part 1) adopted July 2014 (ALP). This means very small scale development may be appropriate to respond to local needs and to contribute to the vitality of local communities.

 

·  Site History

 

The scheme is for 5 new build dwelling units following the demolition of an existing barn that has a historic extant permission for a conversion scheme for 6 dwellings and a single new build dwelling planning approval 2/1989/0798.

 

·  Sitting, Material and Design

 

The current application is a contemporary residential scheme of 2 storey dwellings set around a central courtyard with a detached car port building that will also provide for bat mitigation following the demolition of the stone agricultural barns.

 

External materials of the new dwellings comprise of slate roofs, render, stone from the demolished barn and timber cladding. Boundary walls will be of natural stone and for the corner entrance plot a lower rendered wall and railings to the frontage and side. This provides a more sympathetic relationship with the street scene and surrounding properties.

 

·  Access and Parking

 

No objections from Cumbria Highways with regard to access and

parking.

 

·  Ecology

 

Bat mitigation will be provided in the newly constructed car port

building.

·  Drainage

 

Foul drainage to the mains and surface water to an existing

watercourse subject to planning conditions.

 

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

 

Councillor T Annison proposed a site visit.

 

Councillor D Wilson seconded.

 

The Monitoring Officer advised members that the motion on the floor for a site visit had been seconded and members can make any amendments to the motion that had been proposed. He advised that a potential impact on the application which could result from a resolution to defer the decision pending a site visit was that the applicant could submit an appeal on the basis of non-determination. Members were advised that the eight week determination period expired 14 November 2017. Non-determination would have an impact on performance of Planning internally and an appeal on the ground of non-determination would result in the responsibility for determining the application being passed to the Planning Inspectorate. An extension of the time could be granted, this would need to be agreed by the applicant.

 

A vote was taken; 5 voted in favour of the site visit, 6 against, 1 abstention.

 

The motion in favour of the site visit was lost.

 

Councillor B Miskelly moved approval as per officer’s recommendations. 

 

Councillor J Farebrother seconded.

 

A vote was taken; 5 voted in favour of approval, 7 against.

 

The motion in favour of approval was lost.

 

Councillor D Wilson moved the site visit.

 

Councillor T Annison seconded.

 

A vote was taken; 6 voted in favour of the site visit, 6 against.

 

The Chair gave the casting vote making it 7 against.

 

The motion in favour of the site visit was lost.

 

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

 

Councillor B Miskelly seconded.

 

A vote was taken; 6 voted in favour of approval, 6 against

 

The Chair gave the casting vote making it 7 in favour.

 

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:

Sketch Elevation 1 Rev 8C 24/10/17

Sketch Elevations 1 Rev 9C 24/1/17

Sketch Views 2 Rev 12 B 24/10/17

Sketch Views 1 Rev 11 C 24/10/17

Sketch Views 3 Rev 13 A 24/10/17

Sketch Views 5 from Road looking east Rev 15 B 24/1/17

Sketch Views 6 Entrance looking east 24/10/17

170602 04 Rev G Ground and First Floor 24/1/17

170602 05 Rev D Elevations 1 24/10/17

170602 07 Rev G Block Plan 24/10/17

Amendment Bat Survey 06.09.17

Foul and Surface Water Assessment

 

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.  Only foul drainage shall be connected to the public sewer.

 

Reason: To ensure a sustainable means of drainage from the site and minimise the risk of water pollution to the local water environment, in compliance with the National Planning Policy Framework and Policy S2 of the Allerdale Local Plan (Part 1), Adopted July 2014

 

4.  The surface water drainage works shall include the attenuation measures as set out in the Foul and Surface water assessment. The approved scheme shall be fully implemented prior to the occupation of any of the dwelling houses hereby approved.

 

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

 

5.  Bat mitigation shall be constructed in accordance with the details set out in the Amendment Bat Survey 06.09.17. The approved details shall be fully implemented prior to the occupation of the dwelling house(s) hereby approved.

 

Reason: To safeguard the habitat of bats during construction works in compliance with the National Planning Policy Framework and Policy S35 of the Allerdale Local

 

6.  Demolition works involving the dismantling of any structure and removal of existing roof materials shall be undertaken in accordance with the details set out in 8. Mitigation, Amendment Bat Survey 06.09.17.

 

Reason: To safeguard the habitat of bats during construction works in compliance with the National Planning Policy Framework and Policy S35 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.  The development shall not be brought into use until visibility splays providing clear visibility of 29 metres x 2 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 as shown in drawing 170602 07 Rev G Block Plan 24/10/17. 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.

 

9.  Prior to the commencement of any construction works above ground floor level, details of the private access road and courtyard, including construction, surface and drainage details shall be submitted to and approved in writing by the Local Planning Authority. The works shall be implemented solely in accordance with the approved details prior to the occupation of any of the dwelling houses hereby approved.

 

Reason: To ensure a satisfactory standard of development and in the interests of highway safety.

 

10. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking or re-enacting that Order with or without modification) no external alterations or additions shall be made to any dwelling hereby approved and no buildings, extensions, gates, fences or walls (other than those expressly authorised by this permission) shall be carried out within the curtilage of any dwelling without the prior written approval of the Local Planning Authority upon an application submitted to it.

 

Reason: To preserve the character and appearance of the original building and its surroundings.

 

11. No part of the development hereby permitted shall be constructed above ground floor level until details and representative samples of all external and roofing materials have been submitted to and approved by the Local Planning Authority. The development shall be constructed in accordance with the approved details.

 

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.

 

12. 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 safeguards the amenity of neighbouring properties.

 

13. 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.

 

14. Prior to the carrying out of any construction works the existing buildings affected by the proposed development shall be recorded in accordance with a Level 2 survey as described in English Heritage's document 'Understanding Historic Buildings A Guide to Good Recording Practice, 2016'. Within two months of the commencement of construction works three copies of the resultant Level 2 survey report shall be furnished to the Local Planning Authority.

 

Reason: To ensure that a permanent record is made of the existing buildings of architectural and historic interest prior to their alteration as part of the proposed development.

 

15. 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.

 

16. Prior to occupation of the dwellings hereby approved, details of bin storage facilities shall be submitted to the Local Planning Authority for approval. The approved scheme shall be implemented prior to the occupation of the dwellings and maintained thereafter to the satisfaction of the Local Planning Authority.

 

Reason: In the interests of residential amenity.

 

17. Notwithstanding the submitted plans, prior to occupation of any dwelling, details shall be submitted to the Local Planning Authority of the siting and design of external flues for approval. The approved scheme shall be constructed in accordance with the approved plans.

 

Reason: In order to enhance the appearance of the development and minimise the impact of the development in the locality.

 

18. Prior to the occupation of any dwelling hereby approved details of a management programme for the maintenance of the access road and courtyard shall be submitted to and approved by the Local Planning Authority. The road and courtyard upon implementation shall thereafter be maintained in accordance with the approved maintenance scheme.

 

Reason: To ensure the long term maintenance and management of the approved highway details.

R Wilson, Planning Officer left the meeting

232.

2/2017/0332 - Former Laundrette, Windmill Lane, Cockermouth - To remove door and replace with window (retrospective) pdf icon PDF 2 MB

Minutes:

Application

 

The Principal Planning Officer recommended approval.

 

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

 

·  Design and Materials

 

The design, materials and alterations to the building are considered to be acceptable

 

·  Streetscene and appearance

 

Minor external alterations with no adverse impact.

 

·  Highways

 

No adverse impact on the highway.

 

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

 

Councillor R Munby moved approval as per officers recommendations.

 

Councillor T Annison seconded.

 

A vote was taken; 11 voted in favour of approval, 0 against, 1 abstention

 

The motion in favour of approval was carried.

 

Decision

 

Approved.

 

Conditions

 

1.  T2

Block Plan.pdf

Existing and Proposed.pdf

Existing Elevation With Door.pdf

Location Plan.pdf

New Window.pdf

Plan.pdf

Proposed Elevations.pdf

Window Sizes.pdf

 

 

2.  Within 2 months of the date of this consent the external render finish to the blocked up doorway shall be painted to match the colour of the existing frontage

 

Reason. in the interests of the visual amenity of the site