Agenda, decisions and minutes

To sign as a correct record the minutes of the meeting held on 10 March 2020.

The minutes of the meeting held on 10 March 2020 were signed as a correct record

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

Representations

 

Ewan Hall, John Birkett and Peter Hall spoke against the application

 

Ray McCreadie on behalf of Thursby Parish Council spoke against the application

 

The agent, Kayleigh Lancaster 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 signing of a section 106 agreement securing 2 affordable housing units on the site and the securing of an ecological management and maintenance scheme for public open space and the watercourse easement.

 

The Senior Planning Officer introduced the item, explaining that a site visit had occurred in November 2019 and that this application had been presented to the Development Panel meeting on 10 March 2020 where members resolved to defer the application to: -

 

·  Permit a Council instructed peer review to be undertaken of the applicant’s Ecological Survey and an assessment of the status of the land (improved, semi-improved, unimproved) to establish the biodiversity potential of the site. The reason for this was due to the lateness in the season of the assessment undertaken to date (late September).

 

·  Permit UU and the EA to comment on evidence shown to members by a third party during their presentation.

 

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

 

Principle of Development

 

The development is considered to bring benefits of providing 12 dwellings in close proximity to Thursby’s services and facilities. The adverse impacts associated with the development are not significant and demonstrable and do not outweigh the benefits

 

Highway Safety

 

The access arrangements including Church Lane and the visibility splays onto this existing highway are acceptable subject to conditions. The provision of a footway along Church Lane is one such condition.

 

Affordable Housing

 

The proposed development would provide 2 affordable housing units on the site. This equates to 20% of the total quantum proposed and fulfils the current policy requirements.

 

Members were also shown images, plans and videos of the site including the location within the village.

 

Members noted the representations received in respect of the application, the main grounds of which were set out in the report. The Senior Planning Officer also provided a response to concerns which were raised by the speakers and clarified that since this application was presented in March 2020, an independent highway survey and peer review of the ecology survey had been undertaken. The Planning and Building Control Manager also explained that, whilst an undertaking to meet the Parish Council and the County Highways Authority on site to measure the width of Church Lane had been made by him at the March meeting, this has not been a resolution of the Panel. Furthermore, it has been unable to take place due to the covid-19 restrictions. Instead, an independent surveyor had been instructed by Allerdale BC to complete a survey. This had been completed and evidenced that there were only negligible inaccuracies depicted in the applicant’s survey. Members could therefore have full confidence in the survey and were able to robustly determine the application.

 

 

Questions were asked of the officers and speakers in relation to the capacity of the village’s water treatment works to cope with the new development, officers confirming that the EA and UU raised no objections. Questions were also asked of officers about highway safety, local amenities and ecology.

 

Debate then ensued in relation to the potential impact and harm the development would have on the rural character of the village and its designated and non-designated assets. The Planning and Building Control Manager reminded members of the duty under s66 of the Listed Buildings Act 1990 and the applicability of policy S27 of the Allerdale Local Plan Part 1. He also confirmed that the site could be experienced from the steps leading up to the Churchyard and the Church from Church Lane.

 

Clarification was also provided to members in relation to windfall sites.

 

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

 

The motion was seconded by Councillor Daniels.

 

A vote was taken on the motion to grant permission, 8 voted in favour, 3 against and 0 abstentions.

 

The motion was carried.

 

Resolution

 

Permission granted subject to conditions and the signing of s106 agreement.

 

Conditions

 

Submission of reserved matters

 

1. Before any works commence details of the layout, scale and appearance 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 submission of all reserved matters 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 three years from the date of the grant of this permission, or b) The expiration of two 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.

 

3.  The scale reserved matter shall include the finished floor levels of the proposed dwellings. The development shall be implemented solely in accordance with the approved level details.

 

Reason: To minimise the risk of flooding to the approved dwellinghouses in compliance with Policy S29 of the Allerdale local plan (Part 1)

 

4. The Reserved Matter Application for appearance shall demonstrate that 20% of the overall scheme will be designed and constructed to meet the requirements set out in optional Building Requirement M4(2) (or any equivalent standard should these regulations be subsequenetly reviewed).

 

Reason: In order to comply with Policy SA5 of the Alerdale Local Plan Part 2.

 

In accordance 

 

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

 

  Amended drawing Non1803.011 Rev B 

 

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 conditions 

 

6.  Prior to the commencement of any development, a surface water drainage scheme shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be in accordance with principles set out in the submitted Flood Risk Assessment, dated 7 June 2019, proposing surface water discharging into the Matty Beck to the south of the site. The submitted details shall include measures to mitigate any negative impact of surface water from the development on flood risk outside the development boundary.   No surface water will be permitted to drain directly or indirectly into the public sewer. Any variation to the discharge of foul shall be agreed in writing by the Local Planning Authority prior to the commencement of the development.  The development shall be completed in accordance with the approved details prior to the occupation of any dwelling on the site. 

 

Reason: To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution in compliance with Policy S29 of the Allerdale local plan (Part 1). 

 

7. 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.

 

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 and minimising any impact on protected species during the construction works of the development hereby approved, in compliance with the National Planning Policy Framework and Policy S32 and S35 of the Allerdale Local Plan (Part 1), Adopted July 2014 and 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.  No development shall commence within the site until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Local Planning Authority. This written scheme will include the following components:

 

a) An archaeological evaluation;

b) An archaeological recording programme the scope of which will be  dependent upon the results of the evaluation;

 

Where significant archaeological remains are revealed by the programme of archaeological work, there shall be carried out within one year of the completion of that programme on site, or within such timescale as otherwise agreed in writing by the LPA: a post-excavation assessment and analysis, preparation of a site archive ready for deposition at a store approved by the LPA, completion of an archive report, and submission of the results for publication in a suitable journal.

 

Reason: To afford reasonable opportunity (prior to the excavation/disturbance of the site and any loss/damage to any potential important remains) for an examination to be made to determine the existence of any remains of archaeological interest within the site and for the examination and recording of such remains in compliance with policy S27 of the Allerdale local plan (Part 1).

 

10.  Prior to the commencement of development, a detailed method statement for the removal or long term management / eradication yellow archangel on the site shall be submitted to and approved in writing by the Local Planning Authority. The method statement shall include proposed measures to prevent the spread of yellow archangel during any operations such as mowing, strimming or soil movement. It shall also contain measures to ensure that any soils brought to the site are free of the seeds / root / stem of any invasive plant covered under the Wildlife and Countryside Act 1981. Development shall proceed in accordance with the approved method statement. 

 

 Reason: Yellow archangel is a non-native invasive plant, the spread of which is prohibited under the Wildlife and Countryside Act 1981. Without measures to prevent its spread as a result of the development there would be the risk of an offence being committed and avoidable harm to the environment occurring. 

 

11. The carriageway, footways & footpaths, shall be designed, constructed, 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 work commences on site. 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 in the interests of highway safety.

 

12. The development shall not commence until visibility splays providing clear visibility of 31.0 x 2.4 x 30.0 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 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, 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 and to accord with policy S22 of the Allerdale Local Plan Part 1 2014.

 

13. Development shall not commence until a Construction Phase Traffic Management Plan has been submitted to and approved in writing by the local planning authority. The CTMP shall include details of:

 

a) pre-construction road condition established by a detailed survey for accommodation works within the highways boundary conducted with a Highway Authority representative; with all post repairs carried out to the satisfaction of the Local Highway Authority at the applicants expense;

b) details of proposed crossings of the highway verge;

c) retained areas for vehicle parking, manoeuvring, loading and unloading for their specific purpose during the development;

d) cleaning of site entrances and the adjacent public highway;

e) details of proposed wheel washing facilities;

f) the sheeting of all HGVs taking spoil to/from the site to prevent spillage or deposit of any materials on the highway;

g) construction vehicle routing;

h) the management of junctions to and crossings of the public highway and other public rights of way/footway;

i) surface water management details during the construction phase

 

Reason: In the interests of highway safety and to accord with policy S22 of the Allerdale Local Plan Part 1 2014.

 

During works / Prior occupation conditions

 

14.  Prior to occupation of the development a sustainable drainage management and maintenance plan for the lifetime of the development shall be submitted to the local planning authority and agreed in writing. The sustainable drainage management and maintenance plan shall include as a minimum: 

 

a.  Arrangements for adoption by an appropriate public body or statutory undertaker, or, management and maintenance by a resident’s management company; and 

b.  Arrangements for inspection and ongoing maintenance of all elements of the sustainable drainage system to secure the operation of the surface water drainage scheme throughout its lifetime. 

 

The development shall subsequently be completed, maintained and managed in accordance with the approved plan. 

 

Reason: To ensure that management arrangements are in place for the sustainable drainage system in order to manage the risk of flooding and pollution during the lifetime of the development.

 

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

 

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

 

16.  The development shall be undertaken in accordance with the mitigation measures specified within the recommended mitigation measures under Chapter 7 of the Ecological Appraisal prepared by Hesket Ecology dated 2019.

 

Reason: In the interests of safeguarding ecological interests during the construction works of the development hereby approved, in compliance with the National Planning Policy Framework and Policy S35 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

17.  Should land affected by contamination be identified under the desktop study condition 7 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.

 

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

 

19.  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 in compliance with the National Planning Policy Framework and Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

20. No dwelling hereby approved shall be occupied until the sites frontage to Church Lane is widened to a minimum of 4.8m and a 2.0m wide footway is constructed along the same frontage together with a link footway of varying width linking the new footway to the existing nearside footway to the east of the site frontage.

 

Reason: In the interest of highway safety and to provide a sustainable pedestrian link to the village centre and to accord with policy S22 of the Allerdale Local Plan Part 1 2014.

 

21. Prior to the first occupation of each dwelling, details for that dwelling shall be submitted to and approved in writing by the local planning authority of either:- 

a) Evidence that the applicant will provide onsite access to broadband infrastructure providers during the construction process to allow the providers to install the necessary broadband infrastructure; or 

 

b) Evidence, following contact with broadband infrastructure providers, that it is not practicably or viably possible to install broadband infrastructure to achieve superfast (as defined by Government standards) fibre broadband connectivity.

 

Reason: To seek to secure sustainable superfast (as defined by Government standards) fibre broadband connectivity in accordance with policy SA33 of the modified Submission Draft of the Allerdale Local Plan Part 2 (2018).

Application

 

The report recommended grant 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.

 

Principle of Development

 

The principle of this single dwelling at this edge of settlement location is accepted. It is considered that there will not be any adverse impacts that would significantly and demonstrably outweigh the benefits of the provision of this single dwelling, (subject to planning conditions) when assessed against the policies of the Framework taken as a whole.

It is considered that there is a presumption in favour of sustainable development; given there are no protected areas or assets of particular importance that warrant refusing the application subject to safeguarding through planning conditions.

 

Highway Access

 

There are acceptable vehicular access arrangements.

 

Design and Layout

 

Acceptable contemporary design and materials proposed for this detached dwelling

 

Ecology

 

No adverse impact on ecology or impact on the River Marron (part of Derwent Special Area of Conservation (SAC)) subject to planning conditions, notably relating to a Construction Environmental Management Plan. An Appropriate Assessment under the Habitat Regulations has been undertaken.

 

Contamination

 

Matters relating to contamination to be mitigated and secured by planning condition.

 

Members were also shown images, plans and videos of the site including the location within the village.

 

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 settlement limits and sustainability.

 

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

The motion was seconded by Councillor Armstrong.

 

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

 

The motion was carried.

 

Resolution

 

Grant permission subject to conditions

 

CONDITIONS

 

Time Limit:

 

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: 

D&A Statement

190802-04 Rev C Site Layout and Block Plan received 4 March 2020

190802-05 Rev A - Floorand Location  Plans 

190802-06  (unamended) Elevations

Survey Plan Rev A 

Construction Environmental Management Plan details received 31 March 2020. Construction Method Statement 9 April 2020.

 

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 conditions:

 

3. 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 green field runoff for any storm event.

 

Reason: To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution in accordance with Policy S29 of the Allerdale Local Plan (Part 1), Adopted July 2014

 

4. 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

 

5. Should land affected by contamination be identified under the desktop study condition 4 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.

 

6. Should a remediation scheme be required under condition 5 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.

 

7. The development shall not commence until visibility splays providing clear visibility of 2.4 metres measured 60 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 in accordance with drawing 190802 Site Layout and Block Plan Rev C received 4 March 2020  . 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 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 and shall thereafter be retained for the lifetime of the development.

 

Reason: In the interests of highway safety. To support Local Transport Plan Policies: LD7, LD8

 

Post-commencement/Pre use commencing conditions:

 

8. Development of the site shall be strictly in accordance with the following measures: 

 

a. To safeguard against topsoil and subsoil from the working area entering the River Marron watercourse and associated features also including associated standing water, watercourses and vegetation, the following shall be undertaken:

 

·  All ground works shall be undertaken between 1 June and 30 September in any calendar year;

·  Continuous monitoring of operations shall be undertaken by the applicant;

·  No dirty water will be actively or passively discharged from the site during the development phase. Any dirty water which does accumulate in foundation excavations on site shall be discharged to land in a manner which does not result in it flowing into the River Marron and all passive discharge must be controlled via silt control measures (i.e. storage of soils / aggregates and silt fencing).

·  All excavated topsoil or subsoil temporarily stored on site and loose aggregates delivered to site shall be compacted and covered with an impermeable layer of visqueen (or similar) to prevent mobilisation towards the river. Where possible all aggregates delivered to site shall be in sealed dumpy bags, which will remain sealed until needed.

·  Triple layers of silt fencing (Hy-Tex Terrastop™ Premium Silt Fence or similar) shall be erected along the north western side of works area (between all bare ground and the river bank) so as to prevent surface run-off mobilising towards the River Marron. 

·  Straw bales will be available on site for immediate, reactive deployment in the event of a rainfall event which breaches previously adequate silt control measures.

b. To safeguard against pollutant spillages on site being mobilised to the River Marron watercourse and associated features also including associated standing water, watercourses and vegetation, the following shall be undertaken:

 

·  All ground works will be undertaken between 1 June and 30 September in any calendar year.

·  No vehicles or plant will be parked overnight anywhere within 50m of the watercourse and must be secured so as to prevent theft of fuel etc.

·  Any refuelling or vehicle maintenance shall be undertaken by a trained individual either off-site or within a drip tray large enough to contain any spilled fluids. Any spillage will then be disposed of in a safe and appropriate manner. 

·  Operators shall check their vehicles on a daily basis before starting work to confirm the absence of leakages. A reporting system shall be devised and implemented to ensure that repairs are undertaken as soon as discovered and before starting work.

·  Sufficient oil sorbant material (3M Oil-Sorb or similar) shall be available on site to cope with a loss equal to the total fluid content of the largest item of plant. Following the use of such oil sorbant material, any contaminated materials shall be disposed of in a safe and appropriate manner. 

·  All plant used on site shall be serviced at the manufacturers recommended service intervals to minimise the potential for contamination following breakage of hoses or lines etc.

·  Emergency spill kits shall be available and immediately to hand at all times.

 

c. To safeguard against competition from non-native species all plant shall undergo strict biosecurity processes before and after works to ensure no invasive species are brought in or transported off site. 

 

d. Monitoring regime:

 

·  Prior to any construction activities commencing, the acting ecological consultant shall inspect the site to ensure that silt fencing is erected, and that straw bales and spill kits are available on site.

·  During construction, the applicant and contractors shall continually inspect the ground for any surface run-off or potential run-off pathways. This daily monitoring shall be particularly important during periods of wet weather and following any named storm or other period of heavy or prolonged rain, the acting ecological consultant shall attend site to confirm the efficacy of the control measures.

·  The acting ecological consultant shall advise the local planning authority if impacts to the SAC or significant risk of impacts to the SAC are observed.

 

Reason: To safeguard the interest features that are relevant for this area of the River Derwent Special Area of Conservation: Sea lamprey (Petromyzon marinus), Brook lamprey (Lampetra planeri), River lamprey (Lampetra fluviatilis), Atlantic salmon (Salmo salar), Otter (Lutra lutra), Oligotrophic to mesotrophic standing water with vegetation, Watercourses of plain to montane levels with R.fluitantis and Floating water-plantain, in accordance with policies S29 and S35 of the Allerdale Local Plan part 1 adopted July 2014.

 

9. The dwelling shall not be occupied until a means of vehicular access has been constructed in accordance with drawing 190802 Site Layout and Block Plan Rev C received 4 March 2020. The gradient of the access drive shall be no steeper than 1 in 12 for a distance not less than 5m as measured from the carriageway edge of the adjacent highway and shall be surfaced in bituminous or cement bound materials, or otherwise bound and shall be constructed and completed before the development is brought into use. This surfacing shall extend for a distance of at least 5 metres inside the site, as measured from the carriageway edge of the adjacent highway. The access shall thereafter be retained for the lifetime of the development.

 

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 S22 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. Access gates, if provided, shall be hung to open inwards only away from the highway.

 

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 S22 of the Allerdale Local Plan (Part 1), Adopted July 2014.In the interests of highway safety.

 

Advisory notes 

 

·  Any observed inputs of silt or other pollutants shall be reported to the EA via the Environment Agency incident hotline 0800 80 70 60.

·  Any works within the Highway must be agreed with the Highway Authority.

·  No works and/or any person performing works on any part of the Highway, including Verges, will be permitted, until in receipt of an appropriate permit allowing such works. Enquires should be made to Cumbria County Councils Streetwork’s team.

·  The applicant can discuss any of the above with Developer Engineer, Josephine Wong, by email at wastewaterdeveloperservices@uuplc.co.uk. Please note United Utilities are not responsible for advising on rates of discharge to the local watercourse system. This is a matter for discussion with the Lead Local Flood Authority and / or the Environment Agency (if the watercourse is classified as main river). 

·  If the applicant intends to offer wastewater assets forward for adoption by United Utilities, the proposed detailed design will be subject to a technical appraisal by an Adoptions Engineer as we need to be sure that the proposal meets the requirements of Sewers for Adoption and United Utilities’ Asset Standards. 

·  The detailed layout should be prepared with consideration of what is necessary to secure a development to an adoptable standard. This is important as drainage design can be a key determining factor of site levels and layout. The proposed design should give consideration to long term operability and give United Utilities a cost effective proposal for the life of the assets. Therefore, should this application be approved and the applicant wishes to progress a Section 104 agreement, we strongly recommend that no construction commences until the detailed drainage design, submitted as part of the Section 104 agreement, has been assessed and accepted in writing by United Utilities. Any works carried out prior to the technical assessment being approved is done entirely at the developers own risk and could be subject to change.

·  If the applicant intends to obtain a water supply from United Utilities for the proposed development, we strongly recommend they engage with us at the earliest opportunity. If reinforcement of the water network is required to meet the demand, this could be a significant project and the design and construction period should be accounted for.

·  To discuss a potential water supply or any of the water comments detailed above, the applicant can contact the team at DeveloperServicesWater@uuplc.co.uk.

·  Please note, all internal pipework must comply with current Water Supply (water fittings) Regulations 1999.

·  Where United Utilities’ assets exist, the level of cover to the water mains and public sewers must not be compromised either during or after construction. For advice regarding protection of United Utilities assets, the applicant should contact the teams as follows:

·  Water assets – DeveloperServicesWater@uuplc.co.uk

·  Wastewater assets – WastewaterDeveloperServices@uuplc.co.uk

·  It is the applicant's responsibility to investigate the possibility of any United Utilities’ assets potentially impacted by their proposals and to demonstrate the exact relationship between any United Utilities' assets and the proposed development.

·  A number of providers offer a paid for mapping service including United Utilities. To find out how to purchase a sewer and water plan from United Utilities, please visit the Property Searches website; https://www.unitedutilities.com/propertysearches/

·  You can also view the plans for free. To make an appointment to view our sewer records at your local authority please contact them direct, alternatively if you wish to view the water and the sewer records at our Lingley Mere offices based in Warrington please ring 0370 751 0101 to book an appointment.

·  Due to the public sewer transfer in 2011, not all sewers are currently shown on the statutory sewer records and we do not always show private pipes on our plans. If a sewer is discovered during construction, please contact a Building Control Body to discuss the matter further.

·  Should this planning application be approved the applicant should contact United Utilities regarding a potential water supply or connection to public sewers. Additional information is available on our website http://www.unitedutilities.com/builders-developers.aspx 

 

 

Application

 

The report recommended grant 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.

 

Principle of Development

 

It is a sustainable location, well related to the existing built form of the village with no adverse impact upon settlement character or highway safety. The single dwelling is commensurate with the small scale development of the village as a Limed Growth settlement. The benefits arising from the supply of one dwelling are not significantly or demonstrably outweighed by the impacts.

 

Layout and Landscaping

 

Considering this small plot, layout and traditional hedgerow landscaping, landscape and settlement character are not significantly harmed with the rural gateway setting preserved and with an enhancement to biodiversity. Wider views and landscape character are not affected

 

Access

 

The Highway Authority has considered the matter of visibility splays against the minor nature of the road and volumes of traffic. A speed survey is not deemed necessary. The access is therefore acceptable subject to appropriate conditions to implement and safeguard the existing achievable visibility splays, restrict any gates to inward opening and secure a bound surface treatment and highway drainage.

 

Existing Equestrian Building

 

This building in the applicant’s ownership is to be part of the development site and for domestic purposes only. As such residential amenity is not compromised for the owner/occupier. This domestic use can be conditioned to avoid any commercial activity.

 

Members were also shown images, plans and videos of the site including the location within the village.

 

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 access, visibility splay and highway safety.

 

The Planning and Building Control Manager also provided clarity in relation to settlement limits, confirming that this application is outside the settlement limit on both the 1999 and emerging local plans.

 

Councillor Farebrother moved the motion to grant permission subject to conditions.

The motion was seconded by Councillor Grainger.

 

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

 

The motion was carried.

 

Resolution

 

Grant permission subject to conditions

 

CONDITIONS

 

Time Limit:

 

1. The submission of all reserved matters (scale and appearance) 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 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:

 

Location Plan/Block Plan/ Visibility Splay Drawing (amended plan 18/5/2020)

 

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 landscaping boundary treatment hereby approved shall be carried out in the first planting season following completion of the development and any specimens 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.

 

Pre-Commencement Conditions

 

4. Before any development commences details of the scale and appearance, (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

 

5. 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;

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

(g) Hours of working and deliveries; 

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

 

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

 

Reason:  In the interests of highway safety and 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.

 

6. 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.

 

7. Should land affected by contamination be identified under the desktop study condition 6, 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.

 

8. Before development commences, full details of the proposed surface water drainage system shall be provided to the Local Planning Authority and approved in writing. The drainage shall be based upon the sustainable hierarchy of drainage and details shall be provided regarding their future management and maintenance. Foul and surface water drainage shall be on separate systems. In the event that surface water relies on a connection to the public sewer, details shall be provided to demonstrate a discharge rate of no greater than 5l/sec. The drainage systems shall be fully implemented and operational as approved before the dwelling is occupied and retained as such thereafter.   

 

Reason: In the interests of achieving a satisfactory standard of drainage. 

 

Post-commencement/Pre use commencing conditions:

 

9. With regard to condition 3 above, the approved hedgerow boundary treatment shall not be removed or replaced without the prior written consent of the Local Planning Authority. 

 

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

 

10. Should a remediation scheme be required under condition 7, 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.

 

11. 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.

 

12.The development shall not be commenced until the visibility splay to the west as shown on the approved plan has 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 splay. 

 

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.

 

13. The access drive shall be surfaced in bituminous or cement bound materials, or otherwise bound, and shall be constructed and completed before the development is brought into use. This surfacing shall extend for a distance of at least 5 metres inside the site, as measured from the carriageway edge of the adjacent highway. 

 

Reason: In the interests of highway safety. 

 

14. Details of all measures to be taken by the applicant/developer to prevent surface water discharging onto or off the highway shall be submitted to the Local Planning Authority for approval prior to development being constructed above plinth level. Any approved works shall be implemented prior to the development being completed and shall be maintained operational at all times thereafter. 

 

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

 

Other 

 

15.  The existing equestrian building as shown on the approved plans shall only be used as such for domestic purposes or other ancillary domestic storage. There shall be no commercial use of any kind.   

 

Reason: In the interests of adjacent residential amenity and highway safety.

 

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

 

Reason: In the interests of highway and pedestrian safety.