Agenda, decisions and minutes

To sign as a correct record the minutes of the meeting held on 12 December 2017, 19 December 2017 and 9 January 2018

The minutes of the meetings held on 12 December 2017, 19 December 2017 and 9 January 2018 were signed as correct records.

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.

None declared.

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.

None received.

http://planning.allerdale.gov.uk/portal/servlets/ApplicationSearchServlet?PKID=172670

 

Representations

 

Christopher Storey spoke in objection to the application.

 

The agent, Daniel Addis and the applicant, Kevin Thompson spoke in support of the application.

 

Application

 

The Principal Planning Officer recommended approval.

 

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

 

• Siting of building

 

Officers consider insufficient information has been provided to justify the location of the building in an isolated location detached from the main farmstead.

 

• Amenity

 

Due to the location of the access track adjacent to an open boundary with the adjacent property “Holroyd” officers consider the proposal with impact on the amenity currently enjoyed by this property.

 

• Access

 

Cumbria Highways consider the proposed access is acceptable from a highway perspective.

 

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 that the application be refused as per the recommendations from officers. This was seconded by Councillor B Miskelly.

 

A vote was taken on the motion. The vote in favour of refusal was unanimous. The motion was carried.

 

Decision

 

Refused

 

Reasons

 

1. Officers consider insufficient justification has been provided for the siting of the agricultural building in an isolated location in the open countryside which is detached from the main farmstead contrary to Policy DM6 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

2. The position of the access track on elevated land adjacent to the boundary with the residential property of Holroyd will impact on the amenity this property currently enjoys from the vehicle movements associated with the proposed agricultural building contrary to Policies S2, S4 and S32 of the Allerdale Local Plan (Part 1), Adopted July 2014.

http://planning.allerdale.gov.uk/portal/servlets/ApplicationSearchServlet?PKID=144076

 

 

Representations

 

The agent, Margaret Hardy and the applicant, Nick Bailey 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

 

Established at outline stage with extant consent 2/2012/0784 for 50 dwellings subject to a Section 106 Agreement for 30% affordable housing (12 dwellings) and contributions to education and transport. The site is classed as a ‘commitment’ within the Preferred Options document associated with Part 2 of the Allerdale Local Plan. Brigham as a settlement is categorised as a Local Service Centre. Villages within that part of the settlement hierarchy are expected to in combination, achieve 20% of the housing growth for the district.

 

• Variation of outline consent

 

This application seeks a variation of the original outline consent to reduce the site capacity to 40 dwellings with an amended drainage strategy providing off-site drainage that will benefit the local area. The layout is no longer a reserved matter.

 

The applicant also seeks a variation of the Section 106 regarding a reduced number of affordable housing (8 dwellings) being a 20% provision. Contributions to education and transport are also to be omitted and deemed unnecessary by the County Council. A Financial Viability Assessment has been provided and assessed by the Council’s consultant to justify matters in favour of the applicant’s proposals.

 

• Layout

 

The application now commits to a layout of 40 dwellings that is acceptable in all respects and includes appropriate levels of open space and parking provision to meet Highway Authority parking standards.

 

• Drainage

 

A comprehensive attenuated drainage strategy has been provided with an outfall to Kirkcross Quarry Pond and onward to the River Derwent. The off-site drainage solution offered by the applicant takes surface water from lower Brigham via the Lime Kiln pond known as ‘The Cut’ and combined with the development site drainage. This brings significant community benefits, helps to safeguard the development itself from flooding and is the key factor regarding the planning balance against providing alternative benefits of, education and transport contributions.

 

• Reserved matters

 

The outline approval will trigger the reserved matters application currently under consideration by the Council regarding precise design and appearance of the house types. An indicative schedule of house types has been provided that are considered satisfactory in all respects and achievable at this site.

 

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 that the application be approved as per the recommendations from officers. This was seconded by Councillor T Annison.

 

A vote was taken on the motion. The vote in favour of approval was unanimous. The motion was carried.

 

Decision

 

Approved

 

Conditions

 

1. Before any works commence, details of the scale and appearance, (hereinafter called 'reserved matters') shall be submitted to and approved by the Local Planning Authority.

 

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:

11-18-01a - Site Location Plan

1718-216A - Site Layout (26/10/2017)

Email dated 12/11/2012 Regarding revised proposal description confirming reserved matters

Environmental Risk Assessment EES09-29 dated 29/5/2009

Ground Gas Assessment EES09-29 dated 23/7/2009

Risk Management Strategy EES12-099 dated 19/9/2012

Noise Assessment Report KDL/KB/NA/10/12 dated 19/10/2012

Tree Survey EESS09-29 dated 29/5/2009

Phase 1 Habitat Survey EES09-29 dated 29/5/2009

Environmental Documents Updates Statement EES12-099 dated 19/9/2012

Transport Statement A078102 dated August 2012

Travel Plan A078102 dated September 2012

Technical Note A66 Junction Capacity Assessment A078102 dated December 2012 (amendment received 10/12/2012

Drainage Statement RO/11058.6 Version 9

11058 001 B - Engineering layout

11058 200 D - Proposed drainage layout sheet 1 of 2

11058 201 B - Propsed drainage layout sheet 2 of 2

11058 202 B - Adoptable manhole Schedule

11058 203 A - Adoptable manhole 1:20 details sheet 1 of 2

11058 204 A - Adoptable manhole 1:20 details Sheet 2 of 2

11058 701 A - Proposed Drainage Construction details

11058 208 Rev C Off Site Drainage Layout

11058 C1001 Rev A Outfall Proposal

H40CA Proposed Headwall

 

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 shall begin no later than the expiration of two years from the 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 Section 51 of the Planning and Compulsory Purchase Act 2004.

 

4. The carriageway, footways, footpaths, cycle ways etc shall be designed, constructed, drained to the satisfaction of the Local Planning Authority and in this respect further details, including longitudinal/cross sections, shall be submitted to the Local Planning Authority for approval before work commences on site. No work shall be commenced until a full specification has been approved. Any works so approved shall be constructed before the development is complete.

 

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

 

5. The development shall not commence until visibility splays providing clear visibility of 2.4m x 103m in a south westerly direction and 129m in a north easterly direction 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 1995 (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 grown within the visibility splay which obstruct the visibility splays. The visibility splays shall be constructed before general development of the site commences so that construction traffic is safeguarded.

 

Reason: In the interests of highway safety.

 

6. Details of the vehicular crossing over the footway, including the lowering of kerbs, shall be provided to the Local Planning Authority and approved in writing. The works shall be implemented as approved.

 

Reason: To ensure a suitable standard of crossing for pedestrian safety.

 

7. The surfacing of the access road shall extend for at least 10m inside the site, as measured from the highway boundary prior to the use first being commenced and shall be carried out in accordance with details of construction which shall be submitted to the Local Planning Authority.

 

Reason: In the interests of highway safety.

 

8. 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: To avoid vehicles entering or leaving the site by an unsatisfactory access or route, in the interests of road safety.

 

9. Before development commences, details of a suitably sited refuse bay on the surface road that serves numbers 25,26 and 27 shall be provided and approved by the Local Planning Authority in writing. The refuse bay shall be implemented before occupation of the relevant phase of development.

 

Reason: The carrying out of this development without the provision of these facilities likely to lead to inconvenience and danger to road users.

 

10. Before any development takes place, a plan shall be submitted for the prior approval of the Local Planning Authority firstly reserving adequate land for the parking of vehicles engaged in construction operations associated with the development hereby approved, and that land, including vehicular access thereto, shall be used for or be kept available for these purposes at all times until completion of the construction works and secondly showing the construction vehicle routing to the site avoiding Brigham village centre.

 

Reason: The carrying out of this development without the provision of these facilities during the construction work is likely to lead to inconvenience and danger to road users.

 

11. 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.

 

12. Within three months of the occupation of the first dwelling, the developer shall prepare and submit to the Local Planning Authority for their approval a Travel Plan which shall identify the measures that will be undertaken by the developer to encourage the achievement of a modal shift away from the use of private cars to visit the development to sustainable transport modes, including targets and the appointment of a Travel Plan Co-ordinator. The Travel Plan shall be the subject of annual review for a period of five years following the occupation of the first dwelling.

 

Reason: To aid in the delivery of sustainable transport objectives.

 

13. Prior to the commencement of development, further details of the surface water and foul water drainage systems (inclusive of how the scheme shall be maintained and managed after completion) shall be submitted to and approved in writing by the Local Planning Authority. The drainage scheme submitted for approval shall be in accordance with the principles set out in the drainage statement RO/11058.6 version 9 (including off-site drainage improvements approved under ref 2/2016/0311) ; proposing surface water from the site discharging into the ponds and demonstrating a volumetric betterment by disconnecting highway drainage at High Brigham from the combined sewer and redirecting it into the surface water culverts. No part of the development shall be occupied until the drainage scheme has been constructed in accordance with the approved details. For the avoidance of doubt, neither surface water, land drainage, nor highway drainage shall connect into the public sewerage system (directly or indirectly). The development shall be completed, maintained and managed in accordance with the approved details.

 

Reason: To ensure a sustainable means of drainage from the site and minimise the risk of water pollution to the local water environment.

 

14. 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;

(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;

(f) Programme of work for Demolition and Construction phase;

(g) Hours of working and deliveries;

(h) Details of lighting to be used on site.

 

Reason: In the interests of the amenity of the occupiers of neighbouring properties.

 

15. As part of the reserved matters required by Condition 1, full details of the proposed glazing of the dwellings is provided as specified in the noise assessment report (KDL/KB/NA/10/12) dated 19 October 2012. The glazing shall be installed as approved and retained thereafter.

 

Reason: To ensure a satisfactory standard of housing development safeguarding residential amenity.

 

16. 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 arising from any possible contamination from the development to the local environment.

 

17. The approved remediation 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 arising from any possible contamination from the development to the local environment.

 

18. 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 work 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.

 

19. 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. Details of the proposed landscaping shall include species as recommended in the Environmental Updates Statement EES12-099 dated 19/9/2012. 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 and to safeguard and promote biodiversity.

 

20. The development hereby approved shall be implemented in accordance with the mitigation measures as specified in the Phase 1 Habitat Survey EES09 29 dated 29/5/2009 and Environmental Updates Statement EES12-099 dated 19/9/2012.

 

Reason: In the interests of nature conservation and biodiversity.

 

21. The development hereby approved shall be implemented in accordance with the mitigation measures as specified in the Tree Survey EES09-29 dated 29/5/2009 and Environmental Updates Statement EES12-099 dated 19/9/2012.

 

Reason: In order to ensure that adequate protection is afforded to the existing trees to be retained on site.

 

22. The development hereby approved shall be implemented in accordance with the mitigation measures as specified in the Risk Management Strategy EES12-099 dated 19/9/2012 and Environmental Updates Statement EES12-099 dated 19/9/2012.

 

Reason: To minimise any environmental pollution from the development.

 

23. Before development commences, details of the siting, height and type of all means of enclosure (including acoustic wall/fencing to roadside plots as recommended in the Noise Assessment Report KDL/KB/NA/10/12 dated 19/10/2012 shall be submitted to and approved by the Local Planning Authority before development commences. Any such means of enclosure shall be constructed prior to the approved buildings 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 in the interests of noise abatement and general residential amenity.

 

24. Full details of the siting of play equipment within the open space as shown on the approved plans shall be submitted to the Local Planning Authority and approved in writing. The play equipment as approved shall be implemented before the occupation of the sixteenth dwelling.

 

Reason: In order to provide an adequate provision of locally equipped play in the absence of any alternatives within the immediate locality.

 

25. No development, including any demolition, shall take place until a Construction Method Statement has been submitted to and approved in writing by the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:

(a) Timing of works;

(b) Methods used for all channel, bankside, water margin works;

(c) Protection of areas of ecological sensitivity and importance;

(d) The means of access for construction traffic;

(e) The loading and unloading of plant and materials;

(f) The storage of plant and materials used in constructing the development;

(g) Wheel washing facilities;

(h) Measures to control the emission of dust and dirt during construction;

(i) A scheme for recycling/disposing of waste resulting from demolition and construction works.

Any changes to these components require the express written consent of the Local Planning Authority. The scheme shall be implemented as approved.

 

Reason: To minimise any environmental pollution from the development.

 

26. Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.

 

Reason: To minimise any environmental pollution from the development.

 

27. No infiltration of surface water drainage into the ground on the footprint of the former landfill is permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters. The development shall be carried out in accordance with the approval details.

 

Reason: To minimise any environmental pollution from the development.

 

28. Prior to each phase of development approved by this planning permission no development approved by this planning permission shall take place until a scheme that includes the following components to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the Local Planning Authority:

a) A pollution remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

b) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

Any changes to these components require the express written consent of the Local Planning Authority. The scheme shall be implemented as approved.

 

Reason: To minimise any environmental pollution from the development.

http://planning.allerdale.gov.uk/portal/servlets/ApplicationSearchServlet?PKID=170671

 

Application

 

The Principal Planning Officer recommended approval.

 

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

 

• Principle of development

 

The replacement dwelling is located on a similar footprint to existing achieving a satisfactory relationship with the built format of Wigton.

 

• Design and appearance

 

The scale and appearance of the dwelling is considered acceptable.

 

• Amenity issues

 

The proposal will not significantly impact on the amenity of existing properties.

 

• Parking and highway issues

 

The applicant has provided a plan that shows onsite parking can be achieved.

 

• Flood Risk

 

The application site lies within Flood Zone 2 and 3. The proposal seeks a replacement dwelling with the applicant fully aware of the flood risk and has included mitigation measures into the redesign of the dwelling.

 

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

 

Councillor D Wilson moved that the application be approved as per the recommendations from officers. This was seconded by Councillor T Annison.

 

A vote was taken on the motion. The vote in favour of approval was unanimous. The motion 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:

2017-104-10C - Site Layout and Streetscene (amendment received 19 January 2018)

2017-104-11B revision B - Elevations and Floor Plans (amendment received 13 December 2017)

17-104-12A Location Plan (amendment received 19 January 2018)

Application Form - Section 10 Boundary Treatments

Scoping Survey Flood Risk 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. The development shall not be brought into use until visibility splays providing clear visibility delineated by straight lines extending from the extremities of the site frontage with the highway to points 2.4 metres along the centre line of the access drive measured from the edge of the adjacent highway has been provided. 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. The visibility splays shall be constructed before general development of the site commences so that construction traffic is safeguarded.

 

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.

 

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

 

Reason: In the interests of highway safety.

 

5. The dwelling hereby approved shall not be occupied until the vehicular access, parking and turning requirements 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.

 

6. Before the dwelling is occupied the existing access to the highway serving the garage shall be permanently closed and the 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.

 

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. No part of the development hereby permitted shall be built above plinth 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.

 

9. The works shall be implemented solely in accordance with the recommendations and mitigation measures outlined in Section 5 of the Scoping Survey.

 

Reason: To safeguard the habitat of bats in compliance with the National Planning Policy Framework and Policy S35 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

10. The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) received dated November 2017 including its mitigation measures which shall be installed prior to the occupation of the dwelling.

 

Reason: To reduce the risk of flooding to the proposed development and future occupants in compliance with the National Planning Policy Framework and Policy S29 of the Allerdale Local Plan, (Part 1), Adopted July 2014.

http://planning.allerdale.gov.uk/portal/servlets/ApplicationSearchServlet?PKID=173857

 

Application

 

The Principal Planning Officer recommended approval.

 

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

 

• Residential Amenity

 

It is considered the proposal would not have a detrimental impact upon nearby neighbouring properties.

 

• Scale, Design and Materials

 

It is considered the proposal is appropriate in scale and design and would not adversely alter the appearance of the existing building.

 

• Highways

 

No concerns.

 

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 that the application be approved as per the recommendations from officers. This was seconded by Councillor D Wilson.

 

A vote was taken on the motion. The vote in favour of approval was unanimous. The motion 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:

JSR01 - Proposed Elevations

JSR02 - Block Plan and Location Plan

JSR03 - Detailed plan of balcony

 

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.