Agenda, decisions and minutes

Development Panel
Tuesday 1st October, 2019 1.00 pm

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

Contact: Lee Jardine  01900 702502

Items
No. Item

182.

Minutes pdf icon PDF 96 KB

To sign as a correct record the minutes of the meeting held on 27 August 2019

Minutes:

Councillor N Cockburn moved the following amendments,

 

‘Simon Sharp left the meeting before item 10, (WTPO/2019/0014)’

 

And

 

‘Councillor Lynch left the meeting for item 6 (FUL/2019/0175) not item 5.

 

The motion was seconded by Councillor Tyson.

 

A vote was taken, 11 voted in favour, 0 against, 0 abstentions. The motion was carried.

 

The amendments have been made and the minutes of the meeting held 27 August 2019 were signed as a correct record.

 

183.

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:

6.  Development Panel - OUT/2019/0028 - Low Road, Cockermouth - Outline application for residential development of 27 dwellings.

  Councillor Alan Smith; Other Interest; .

 

6.  Development Panel - OUT/2019/0028 - Low Road, Cockermouth - Outline application for residential development of 27 dwellings.

  Councillor Jim Lister; Other Interest; Met with applicant to discuss seperate items of business unrelated to this application..

 

184.

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

185.

Development Panel - FUL/2019/0187 - Energy Coast Laundry, Joseph Noble Road, Workington - Retrospective application for change of use from car sales to industrial laundry pdf icon PDF 594 KB

Minutes:

Representations

 

Marianne Birkby of Radiation Free Lakeland, spoke against the application

 

The agent, Jason Robinson spoke in support of the application

 

Application

 

The report recommended granting permission subject to conditions.

 

The Senior Planning Officer introduced the item and then went through the main issues as detailed in the report.

 

Principle of Development

 

The principle of a B2 - General Industrial use at this location is considered to be acceptable.

 

Pollution Control

 

The site is the subject of an Environmental Permit issued by the Environment Agency which regulates emissions from the site.

Having regard to the technical advice from statutory and non-statutory consultees, no concerns have been raised in relation to any risks posed to environmental quality or human health.

 

Sustainability

 

Lillyhall is allocated as a strategic employment site for B1, B2 and B8 uses within the settlement hierarchy. It is therefore established by the adopted Local Plan Part 1 that this is a ‘sustainable’ location for new business. Moving the business to Lillyhall rather that Sellafield may also alleviate traffic congestion.

 

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

 

Questions were asked of the officers and debate followed relating to waste water, and the process and procedures in place to ensure the safe running of the facility. It was also clarified to members that the part of Sellafield’s strategic vision is to move facilities such as this away from the main site.

 

Councillor Smith moved to grant permission subject to conditions, as per the officer’s recommendation.

 

The motion was seconded by Councillor Lister

 

A vote was taken on the motion to approve, 9 voted in favour, 2 voted against with 0 abstentions.

 

The motion was carried.

 

Resolution

 

Permission granted subject to conditions as per officers recommendations.

 

CONDITIONS

 

1. The development hereby permitted shall be carried out solely in

accordance with the following plans:

 

DRW 01 Existing Plans & Elevations

Floor Plan

Location Plan

 

Reason: In order to ensure that the development is carried out in complete

accordance with the approved plans and any material and

 

 

 

 

Councillor Alan Smith left the Meeting

186.

Development Panel - OUT/2019/0028 - Low Road, Cockermouth - Outline application for residential development of 27 dwellings pdf icon PDF 1 MB

Minutes:

Representations

 

The Agents Michael Sandelands (HFT Gough & Co) and Graeme Ives (Graeme Ives Heritage Planning) spoke in support of the application.

 

Application


The report recommended that the decision to grant permission subject to conditions be delegated to the Planning and Building Control Manager upon the completion of a Section 106 Agreement that secures

 

·  Completion of land level changes permitted by permission 2/2017/0312

·  Provision and future management and maintenance of landscaping belt directly east of plots 2-6

·  10 Affordable units on site

·  £4431.60 to upgrade existing facilities for children and young people at the Laureates or provide play area on site.

 

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

 

Tilted Balance

 

The adverse impacts of permitting the development would not significantly and demonstrably outweigh the benefits.

 

Principle of Development

 

The scale of the development is considered commensurate to the size and role of Cockermouth as a Key Service Centre. The site is adjacent to the Laureates housing to the west.

 

Highway Safety

 

Access is not reserved for subsequent approval. The proposed highway arrangements are considered acceptable. The Highways Authority raise no objections.

 

Landscape and Visual Effects

 

The landscape and visual impact is not significantly adverse and can be mitigated through an appropriate landscaping scheme secured by condition and s106 agreement.

 

Heritage Assets

 

In the context of the duty contained within S66(1) and the special regard to be paid to the desirability of preserving the setting of the listed buildings, officers consider, in this instance, that the overall level of harm to the heritage asset would amount to less than substantial. The benefits of the scheme outlined in the report outweigh the limited harm incurred to the setting of The Fitz. The setting of Papcastle’s conservation area, in terms of its character and appearance, will be preserved.

 

Affordable Housing

 

The proposed development would provide 10 affordable housing units on the site. This equates to 40% and fulfils the Local Plan policy requirements.

 

The Planning and Building Control Manager explained that a similar scheme was refused in April 2019 and provided members with an explanation of the key differences between the two schemes. The April 2019 application is currently subject of an appeal.

 

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

 

Questions were asked of the speakers and officers and debate ensued relating to landscaping, land levels, settlement limits and the setting of the Fitz.

 

Councillor Farebrother moved the motion to refuse as the proposal by reason of the introduction of additional housing nearer to the heritage asset, namely the Fitz, will adversely impact on the setting of that asset contrary to Policy S27 of the Allerdale Local Plan (Part 1) 2014 and the National Planning Policy Framework 2019. This harm is not outweighed by the public benefits of the proposal.”

 

This motion was seconded by Councillor Ellis.

 

A vote was taken on the motion to refuse, 4 voted in favour, 6 against and 0 abstentions.

 

The motion was lost.

 

Debate continued and Councillor Tyson moved the motion to approve as per officers recommendations, the motion was seconded by Councillor Daniels.

 

A vote was taken on the motion to approve, 6 voted in favour, 3 against and 0 abstentions.

 

The motion was carried.

 

Resolution

 

Permission to grant permission, subject to conditions is delegated to the Planning and Building Control Manager

 

 

CONDITIONS

 

Reserved matters submission

 

1. Approval of details of the landscaping of Plots 2 to 6 (thereafter called the ‘reserved matters’) shall be obtained in writing from the Local Planning Authority before the development is commenced.

 

Reason: To enable the Local Planning Authority to assess all the details of the development.

 

2. Approval of details of the layout, scale and appearance of the building(s) and the landscaping (excluding plots 2 to 6) for the site (thereafter called the ‘reserved matters’) shall be obtained in writing from the Local Planning Authority before the development is commenced.

 

Reason: To enable the Local Planning Authority to assess all the details of the development.

 

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. The layout Reserved Matters Application(s) for the site excluding plots 2 to 6 shall include details showing the provision within each plot for the parking of vehicles commensurate with the Cumbria Parking Standards. No dwelling shall be occupied until the approved facilities for that dwelling are fully constructed. These approved facilities shall be retained and 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 that proper access and parking provision is made and retained for use in relation with the development.

 

Accordance with plans

 

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

 

14/11/848-01 Site Location Plan

14/11/848 – 105 Site Plan Plots 2-6

14/11/848 – 05 Dwelling Type A & A/1 – Floor Plans

14/11/848 - 06 Dwelling Type A - Elevations

14/11/848 – 07 Dwelling Type A/1 - Elevations

14/11/848 – 103a) Enlarged Visibility Splay Plan

M3046-PA-02-V03 Landscape Layout Plots 2 to 6

Email 30/07/2019 – amended description

Archaeological Evaluation and Excavation Report

Flood Risk Assessment

Phase 1 Ecological Habitat Survey

Assessment of Likely Significant Effects

Heritage Statement

Landscape and Visual Appraisal

Road Safety Audit

Transport Statement

 

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.

 

Pre-commencement

 

6. The development shall not commence until visibility splays providing clear visibility of 2.4 metres by 120 metres in both directions measured down the centre of the access road and the nearside channel line of the major road

(Low 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.

 

7. The carriageway, footways and footpaths, cycleways etc. shall be designed, constructed, drained and lit to the satisfaction of the Local Planning Authority and, in this respect full engineering details shall be submitted with the first layout Reserved Matters Application. 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 complete.

 

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

 

8. 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.

 

9. Should land affected by contamination be identified under the desktop study condition 8 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.

 

10. No development shall take place until a Construction Environmental Management Plan has been submitted to and approved in writing by the Local Planning Authority. The approved plan shall be adhered to through the construction period. The plan shall include the following:

a) Traffic Management Plan to include:

i.Reserving adequate land for site offices/stores, secure compounds, including adequate land for parking/turning of vehicles/plant, engaged in the construction operations associated with the development hereby approved. Such land, including the vehicular access thereto, shall be used for or kept available for these purposes at all times until the completion of the construction works.

ii. All traffic associated with the development, including site and staff traffic.

iii.The loading and unloading of plant and materials.

vi.The management of junctions to and crossings of the public highway and other public rights of way/footway.

vii.Highway signage/ Haulage routes;

iv.The storage of plant and materials used in constructing the development.

v.Wheel washing facilities.

 

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;

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

f) pollution prevented measures to ensure that no polluted run-off or materials enter the watercourse and that dust is surpassed.

g) Programme of work for Construction phase;

h) Hours of working and deliveries;

i) Details of lighting to be used on site;

j) Mitigation measures to ensure no harm is caused to protected species during construction.

 

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 and S36 of the Allerdale Local Plan.

 

11. No development shall commence until details of the means of ensuring water and wastewater infrastructure that is laid within and adjacent to the site boundary is protected from damage as a result of the development have been submitted to and approved by the Local Planning Authority in writing. The details shall outline the potential impacts on the water and wastewater infrastructure from all construction activities and the impacts post completion of the development on the water and wastewater infrastructure within and adjacent to the site and identify mitigation measures to protect and prevent any damage to the water and wastewater infrastructure. Any mitigation measures shall be implemented in full accordance with the approved details.

 

Reason: In the interest of public health and to ensure protection of public water supply and wastewater infrastructure.

 

Before developments first use

12. Should a remediation scheme be required under condition 9, 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.

 

Other

13. 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.

 

14. The drainage for the development hereby approved, shall be carried out in accordance with the principles set out in the submitted Flood Risk Assessment, ref: D/I/D/87883/003 Final, dated October 2018, proposing surface water discharging into watercourse. No surface water will be permitted to drain directly or indirectly into the public sewer. Aby variation to the discharge of foul shall be agreed in writing by the Local Planning Authority by the Local Planning Authority prior to the commencement of the development. The development shall be completed in accordance with the approved details.

 

Reason: To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution in compliance with the National

Planning Policy Framework and Policy S2 and S29 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

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

 

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.

16. The works shall be implemented solely in accordance with the mitigation strategy outlined in the Phase 1 Ecological Habitat Survey dated 6 March 2019.

 

Reason: To safeguard the habitat of bats in compliance with the National

Planning Policy Framework, Policy S35 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

17. No part of the development on plots 2 to 6 hereby approved shall be constructed above ground floor level until details of all external and roofing materials have been submitted to and approved by the Local Planning Authority. Only the materials so approved shall be used in the development as approved.

 

Reason: To ensure a satisfactory standard of development for the external appearance of the approved scheme which is compatible with the character of the surrounding area and will not impact on the setting of The Fitz and its parkland, in compliance with the National Planning Policy Framework and Policy S27 and DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

18. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Statutory Instrument revoking or re-enacting that Order with or without modification) no development falling within Class(es) A, B, C, D, E and G of Part 1 of Schedule 2 of the said Order shall be carried out without the prior written permission of the Local Planning Authority upon an application submitted to it.

 

Reason: The Local Planning Authority wishes to retain control over any proposed alterations/extensions in the interests of the appearance of the site and safeguard the setting of The Fitz and its parkland.

 

Advisory Note

 

A 21'' trunk main borders the site. United Utilities require unrestricted access for operating and maintaining it, and will not permit development over or in close proximity to the main. They require an access strip as detailed in United Utilities ‘Standard Conditions for Works Adjacent to Pipelines’.

Councillor Alan Smith returned to the Meeting

187.

Development Panel - FUL/2019/0160 - Verona, Blitterlees, Silloth - Construction of five detached bungalows pdf icon PDF 270 KB

Minutes:

Representations

 

Jeff Downham, Lynn Downham and Elizabeth D Elliott spoke against the application

 

Councillor John Graham on behalf of Holme Low Parish Council spoke against the application

 

Councillor John Cook on behalf of Silloth and Solway Coast Ward spoke against the application.

 

Application

 

The report recommended granting permission subject to conditions.

 

The Senior Planning Officer introduced the item and then went through the main issues as detailed in the report.

 

Principle of Development

 

Extant planning permission exists for the site for five dwellings (ref. 2/2016/0727). Therefore, the principle of the development has already been accepted under the current Development Plan.

 

Visual Impact

 

The visual impacts of the development are considered to be acceptable. Blitterlees consists of a mix of house types and styles and the design of the single storey dwellings proposed is considered to be acceptable.

 

Landscape Impact

 

This small scale encroachment is considered to be acceptable.

 

Residential Amenity

 

An acceptable relationship with neighbouring properties is considered to be achieved.

 

Ecology

 

A survey has been provided which demonstrates that Great Crested Newts are unlikely to be affected by the proposal.

 

Drainage

 

Localised flooding issues with the beck and standing water have been highlighted by representations. However, subject to conditions, no concerns have been raised by the Environment Agency or United Utilities.

 

The County Council as Local Lead Flood Authority has sought further information to substantiate local concerns. This has been received very late in the processing of the application and differs from their approach to the previous application that has been granted approval and is extant. Conditions are therefore proposed to secure the additional information requested through the requirement to provide a full surface water drainage scheme that considers overland flows from neighbouring land. A further condition is also recommended to require finished floor levels for the dwellings themselves, should the additional assessment indicate a risk to the proposal, despite their location within Flood Zone 1.

 

Trees/Hedgerows

 

Following amended plans, no significant removal required.

 

Affordable Housing

 

No provision has been sought on the basis that the extant planning permission for the site (a material consideration and genuine fallback position) did not require and therefore secure an affordable housing contribution.

 

The Senior Planning Officer clarified to members that existing permission exists for 5 dwellings which was granted in April 2017 and that the applicant has until February 2020 to submit the reserved matters application. This application was submitted in full, not outline.

 

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

 

Questions were asked of the speakers and officers and debate ensued relating to access and the siting of a 18th century cottage.

 

Some members also expressed concerns in relation to drainage, flooding and surface water.

 

Councillor Smith moved the motion to defer the decision pending further information in relation to flooding and surface water. Councillor Smith highlighted the delay in receiving of the further assessment from the LLFA.

 

The motion was seconded by Councillor Lynch.


A vote was held on the motion, 9 voted in favour, 2 voted against and 0 abstentions.

 

The motion was carried.

 

Resolution

 

The decision is deferred pending further information in relation to flooding and surface water.

188.

Development Panel - FUL/2019/0128 - Highfield Community Centre (Squash Club), Highfield Road, Cockermouth - Partial change of use from squash courts to changing facilities and new function rooms pdf icon PDF 1 MB

Minutes:

Representations

 

Sean Marsh spoke in support of the application

 

Application

 

The report recommended granting permission subject to conditions.

 

The Planning and Building Control Manager introduced the item and then went through the main issues as detailed in the report. It was then explained to members that the proposed upper floor balcony had been removed from the application.

 

Principle of Development

 

The loss of this sporting facility is considered justified with the benefits of changing facilities and clubhouse to support the emerging rugby club. This is agreed with Sport England who concur on the benefits. A single squash court is retained.

 

Residential Amenity

 

The amended plans remove a balcony and keep windows fixed that serve the upper floor function room and bar. This is considered to overcome any adverse impacts with other safeguarding conditions on hours of operation.

 

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

 

Questions were asked of the speakers in relation to changing facilities and noise levels. Debate then ensued.

 

Councillor Ellis moved the motion to approve the application as per officers recommendation

 

The motion was seconded by Councillor Gaston.

 

A vote was taken on the motion to approve, 11 voted in favour, 0 against and 0 abstentions.

 

The motion was carried.

 

Resolution

 

Permission granted subject to conditions as per officers recommendations.

 

CONDITIONS

 

Time

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.

 

In accordance

 

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

DWG02 REV A Proposed Plans (amended plan 13/8/2019)

DWG03 REV A Proposed Elevations (amended plan 13/8/2019)

20120 - 1 Environmental Noise Survey

 

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.

 

Post first use

3. Entertainment and plant noise from the approved development shall not exceed the measured background level LA90 15min 42dB, as measured 1m from the nearest noise sensitive façade on Scafell Close CA13 9BP

 

Reason : In the interesrts of residential amenity in compliance with policy S32 of the Allerdale local plan (Part 1)

 

4. The opening/operation of the approved use shall only be between the hours of 8am and 11pm Monday to Saturday and 8am and 10.30pm on Sundays.

Reason: In the interests of residential amenity in compliance with policy S32 of the Allerdale local plan (Part 1)

 

5. The placing of bottles into receptacles outside the premises shall solely take place between the hours of 8am and 8pm Monday to Saturday and 10am and 8pm on Sundays.

 

Reason : In the interests of residential amenity in compliance with policy S32 of the Allerdale local plan (Part 1)

 

6. Deliveries to the premises shall solely take place between the hours of 8am and 8pm Monday to Saturday and 10am and 8pm on Sundays.

 

Reason : In the interests of residential amenity in compliance with policy S32 of the Allerdale local plan (Part 1)