Agenda, decisions and minutes

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

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 the development is considered acceptable with synergies with other tourism uses (including accommodation) within the site and in the village

 

Heritage

 

The proposal is considered to preserve the setting of the Listed Buildings, the character and appearance of the Conservation Area and the setting of the World Heritage Site The harm to these heritage assets both singularly and collectively is less than substantial and outweighed by the public benefits of bringing this prominent, sensitive site back into use (the motorhome hire business is important in providing viability to the concern during the long development process).

 

Highway Safety

 

The development is considered acceptable on a temporary basis.

 

Residential Amenity

 

The development is not considered to result in any adverse effects upon residential amenity

 

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 the use of the accommodation, parking and highway safety. Specific debate related to the relationship of the application development to that already consented. The Planning and Building Control Manager confirming to members that acceptability was predicated on the applied use ceasing if certain elements of the consented scheme were implemented.

 

Members also debated the ability for motorhomes to manoeuvre on and off site.

 

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

The motion was seconded by Councillor Smith.

 

A vote was taken on the motion to grant permission,  12 voted in favour,  0 against and 0 abstentions.

 

The motion was carried.

 

Resolution

 

Permission granted subject to conditions

 

 

Conditions

 

In Accordance: 

 

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

 

Location Plan  

DWG A-02 Proposed Site Plan 

DWG A-03 Proposed Site Plan

 

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-commencement/Pre use commencing conditions:

 

2. The development shall cease upon operational use of any of the holiday accommodation annotated as Cottages 1 and 2 or the heritage centre as approved under planning reference 2/2016/0600

 

Reason: To ensure a minimum standard of access, parking and turning provision when the overall approved development of the site is brought into use, in compliance with Policies S2, S5, S22 and DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

Representations

 

Mr and Mrs Eastwood provided written representations against the application.

 

Application

 

The report recommended grant permission subject to the conditions and the already signed and completed s106 agreement that secures 3 affordable housing units on site

 

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

 

Principle of Development

 

The scale of development proposed for this site in the Limited Growth Village of Gilcrux is considered acceptable with the benefits of the housing delivery and cessation of the farm use not outweighed by any demonstrable or significant adverse impacts.

 

Access and Layout

 

The proposal achieves an acceptable layout for the site with adequate in curtilage parking and private amenity space for each dwelling. The Highways Authority have no objections to the proposed access arrangements

 

Flood Risk and Drainage

 

The site is within Flood Zone 1 and is therefore at the lowest risk of flooding. It is considered that appropriate foul and surface water drainage schemes can be achieved for the site which can be controlled via conditions. The proposal complies with Policy S29 of the Allerdale Local Plan (Part 1).

 

Affordable Housing

 

The applicant is agreeable to provide 20% affordable units in line with the requirements of Policy SA3 of Part 2 of the Local Plan and the NPPF.

 

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

 

Plans of the 1999 and Local Plan Part 2 settlement limits were also shown with clarity provided to members, the Senior Planning Officer explaining that, although the site is outside the settlement limits, members are to apply the tilted balance and evaluate whether the benefits are significantly and demonstrably outweighed by the impacts arising from the scheme.

 

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 existing footpaths, settlement limits, overdevelopment, highways, access and the existing farm buildings.

 

The issue of overdevelopment was debated not only in terms of site density but also the capacity of the village as a whole to accommodate growth. Members noted that the Local Plan Part 1 quantum of growth was not a ceiling. They also noted that the proposed on-site density was commensurate to that prevailing in the area. There was also debate as to whether a site visit was necessary, but the videos shown by officers were considered to provide the detail for members to assess the proposal.

 

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, 10 voted in favour, 2 against and 0 abstentions.

 

The motion was carried.

 

Resolution

 

Permission granted subject to conditions and the already signed and completed s106 agreement that secures 3 affordable housing units on site.

 

Conditions

 

Reserved matters submissions 

 

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

 

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

 

2. 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 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 the requirements of Section 92 of The Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

3. Any application for 'reserved matters' of scale and appearance shall include plans showing the following: a) Cross sections through the site; b) Details of existing and proposed ground levels; c) Proposed finished floor levels of buildings; d) Levels of any paths, drives, garages and parking areas; and the development shall be carried out in accordance with the details so approved.

 

Reason: To ensure that the works are carried out to a suitable level in relation to the adjoining properties and highways and in the interests of visual amenity.

 

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 subsequently reviewed).

 

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

 

Accordance with plans

 

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

 

00215 Location Plan 00:01 Rev B Site Plan (amendment received 08/11/2019) 00:02 Rev B Site Plan (amendment received 08/11/2019) Drainage & Surface Water Assessment received 27 February 2020 Bat, Barn Owl and Nesting Bird 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.

 

Pre-commencement

 

6. The carriageway, footways and 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 any part of the development hereby permitted is commenced. No work other than site clearance and site investigations 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 completed.

 

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

 

7. The development shall not commence until the visibility splays shown on Drawing 00:02 Rev B 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 shall be planted or be permitted to grow within the visibility splays which exceed 1 metre in height and 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 a satisfactory means of access for the development in the interests of highway safety.

8. Details of the 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 commenced. Any approved works shall be implemented prior to the development being completed and shall be maintained operational thereafter.

 

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

 

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:

 

i) An archaeological evaluation; ii) An archaeological recording programme the scope of which will be dependent upon the results of the evaluation; iii) 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 timescales as otherwise agreed in writing by the Local Planning Authority: a post excavation assessment and analysis, preparation of a site archive ready for deposition at a store approved by the Local Planning Authority, completion of an archive report, and submission of the results for publication in a suitable journal. 

 

Reason: To afford reasonable opportunity for an examination to be made to determine the existence of any remains of archaeological interest within the site and for the preservation, examination or recording of such remains.

 

10. Prior to the carrying out of any demolition works the existing former farmhouse (referred to as “the derelict cottage” in the design and access statement) affected by the proposed development shall be recorded in accordance with a Level 2 Survey as described by English Heritage’s document Understanding Historic Buildings A Guide to Good Recording practice, 2016. Within 2 months of the commencement of construction works a digital copy of the resultant Level 2 Survey report shall be furnished to the Local Planning Authority.

 

Reason: To ensure that a permanent record is made of the building of architectural and historical interest prior to its demolition as part of the proposed development.

 

11. No development shall commence until a construction surface water management plan has been agreed in writing with the Local Planning Authority. The works shall be carried out in accordance with the approved works and be fully completed prior to occupation of any dwellinghouse.

 

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

12.  Prior to commencement of any development, a full 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 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 and unless otherwise agreed in writing by the Local Planning Authority, no surface water shall discharge to the public sewerage system either directly or indirectly. The drainage scheme submitted for approval shall be in accordance with the principles set out in the Drainage and Surface Water Assessment received 27 February 2020 including any form of treatment for the surface water before it leaves the site shall be submitted to and approved in writing by the Local Planning Authority. 

 

The development shall be completed, maintained and managed in accordance with the approved details, with the approved scheme fully implemented prior to the occupation of any of the dwellinghouses hereby approved.

 

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

 

13.  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 the parking and turning facilities and off-street compound 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, including cleaning of site entrances and proposed wheel washing facilities; f) Programme of work for Demolition and Construction phase; g) The sheeting of all HGVs taking spoil to/from the site to prevent spillage or deposit of any materials on the highway; h) Construction vehicle routing; i) Hours of working and deliveries; j) 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 the amenity of the occupiers of neighbouring properties, in compliance with the National Planning Policy Framework and Policy S32 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

Before development first use

 

14. 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).

 

15. No dwellings shall be occupied until the estate road including footways and cycleways to serve such dwellings has been constructed in all respects to base course level and street lighting where it is to form part of the estate road has been provided and brought into full operational use. 

 

Reason: In the interests of highway safety.

 

Other

 

16. 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.

 

17. 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 interest of highway safety.

 

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

 

Reason: In the interest of highway safety. 

 

19. The works shall be implemented solely in accordance with the mitigation measures outlined in section 9 of the Bat, Barn Owl & Nesting Bird report version 2.

 

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.

 

 

 

Application

 

The report recommended to grant permission subject to conditions. 

 

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

 

Principle of Development

 

The relocation of the farmstead will result in economic, social and environmental benefits to the village of Gilcrux. The erection of a dwelling is considered necessary and in line with Policy S3 and DM2 of the local plan.

 

Design, visual and landscape impact

 

It is considered that the new farmstead can be accommodated within the rural landscape without significantly altering the landscape character.

 

Highway Issues

 

The Highways Authority have no objections.

 

Members were also shown images, videos and plans of this site.

 

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 the existence of electrical cables, the environmental impact, and energy efficiency, the latter being raised as a matter for debate in light of one of the representations received.

 

The Planning and Building Control Manager clarified that cables were being realigned as part of the proposal.

 

The landscape impact was debated amongst members with particular note being made by some of the detachment from the village and the existing landscape quality, albeit this view was not shared by all.

 

Councillor Wilkinson moved the motion to defer the application for a site visit.

 

The motion was not seconded.

 

Councillor Grainger moved the motion to grant permission subject to conditions

The motion was seconded by Councillor Armstrong

 

Councillor Farebrother then moved an amendment to the motion to include a S106 agreement requiring cessation of Chapel Farm’s use prior to first use of new farm.

 

Councillor Farebrother considered that this was necessary as without this benefit being secured, the balance would, in her opinion, tip against the proposal. The landscape impact could only be offset by the benefits arising from the cessation of the farm use at Chapel Farm, also in the applicant’s control.

 

The Planning and Building Control Manager advised that officers did not consider this to be necessary but, if members considered it was required to be make the development acceptable, then it would be reasonable to grant permission subject to conditions and s106 agreement.

 

The amended motion was seconded by Councillor Semple.

 

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

 

The motion was carried.

 

Resolution

 

The ability to grant permission subject to conditions be delegated to the Planning and Building Control Manager upon the completion and signing of a s106 agreement requiring the cessation of the farming use at Chapel Farm prior to first use of the new farm.

 

CONDITIONS

 

Reserved matters submission

 

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

 

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

 

2. 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 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 the requirements of Section 92 of The Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

3. The Reserved Matters Application for landscaping shall be accompanied by a landscape scheme that retains the existing hedgerows.  This scheme shall be approved in writing by the Local Planning Authority and implemented thereafter in accordance with the approved details and prior to any farm building hearby approved been brought into use. 

 

Reason: In order to enhance the appearance of the development and minimise the harm of the development in the landscape, in compliance with the National Planning Policy Framework and Policies S4, S33, DM14 and DM17 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

In accordance

 

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

00 04 Revision X Visibility Splay received 12 February 2020

00 02 Rev D Site Plan received 12 February 2020

00 03 Revision C received 12 February 2020

Email 20 February 2020 – Amended description

Planning Statement received 12 February 2020

Agricultural Planning Appraisal

Ecological Appraisal

SCAIL Assumptions and new steading results received 21 November 2019 Drainage and Surface Water Assessment received 5 December 2019

 

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:

 

5. No development shall commence until detailed drawings of the access, which are to include, cattle grid design and location, construction/drainage specifications and fencing barriers to the edges of the access have been submitted to the Local Planning Authority for approval. Any such approved works shall be completed in accordance with the approved details before the development is brought into use. 

 

Reason: To ensure a satisfactory means of access for the development in the interests of highway safety.

 

6. 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 commenced. Any approved works shall be implemented prior to the development being completed and shall be maintained thereafter in accordance with the schedule. 

 

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

 

7. Full details of the surface water drainage system (incorporating SUDs features as far as practicable) and a maintenance schedule shall be submitted to the Local Planning Authority for approval prior to the development being commenced. The development shall be fully completed in accordance with the approved details prior to the occupation of the dwellinghouses and operations of the farm commencing and shall be maintained thereafter in accordance with the schedule.

 

Reason: To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution. To ensure surface the surface water system continues to function as designated and that flood risk is not increased within the site or elsewhere in compliance with the National Planning Policy Framework and Policies S2 and S29 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

Before development first use

 

8. The roadside ditch shall be piped at the access prior to the development being brought into use, in accordance with details which have first been submitted for approval by the Local Planning Authority. The construction

shall be in accordance with a specification which has been agreed by the Local Planning Authority.

 

Reason: In the interests of highway safety. 

 

9. 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 20 metres inside the site as measured from the carriageway edge of the adjacent highway.

 

Reason: In the interest of highway safety.

 

Other: 

 

10. The occupation of the dwellinghouse hereby approved shall be limited to persons solely or mainly employed or last employed in the locality in agriculture as defined in Section 336 of the Town and County Planning Act 1990, or in forestry, or dependants of such persons residing with him or her, or a widow or widower of such persons.

 

Reason: The restricted use of the dwellinghouse would be contrary to the National Planning Policy Framework and Policies S3 and DM2 of the Allerdale Local Plan (Part 1), Adopted July 2014 which seeks to prevent additional sporadic development in the open countryside unless demonstrated to be essential in the interests of agriculture or forestry.

 

11. The dwelling hereby approved shall not be occupied until the associated farm buildings also hereby approved have been erected and brought into use.

 

Reason: In order to justify the dwelling as an essential need for occupancy as defined in condition 10 in accordance with the National Planning Policy Frameworks and Policies S3, S5 and DM2 of the Allerdale Local Plan (part 1), Adopted July 2014.

 

12. Notwithsanding the provisions of the Town and Country Planning (General permitted Development) Order 2015 or any order revoking or re-enacting that order relating to permitted development, no development falling within Classes A, B, C or E of the schedule of the said order shall be carried out without the prior written approval of the Local Planning Authority.

 

Reason: To ensure the site of the approved dwelling or outbuilding remains commensurate within the established functional requirements of the holding, have regards to the National Planning Policy Framework and Policies S5 and DM2 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

13. The works shall be implemented solely in accordance with the mitigation/recommendation outlined in section 7 of the Ecological Appraisal dated November 2018.

 

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

 

14. The access and parking/turning requirements shall be completed before any building work commences on site so that constructional traffic can park and turn clear of the highway.

 

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.

 

 

Advisory Note 

 

The Lead Local Flood Authorities response assumes the watercourse, which runs adjacent to the proposed development remains unaffected/unaltered at all times. Should the watercourse be affected by the development in any way (including temporary works such as the erection of scaffolding), the developer will need to contact the Local Flood Risk Team for Ordinary Watercourse consent via email

 

Application

 

The report recommended to grant permission subject to conditions. 

 

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

 

Principle of Development

 

The proposed side extension and the alterations to the existing garage are considered appropriate.

 

Scale and Design

 

The revised application with the omission of the attached garage to the north elevation is considered acceptable.

 

Highways

 

The Highway Authority have responded with no objections.

 

Residential Amenity

 

The proposed development would not result in any significant loss of amenity of neighbouring residential properties given the separation distance between neighbouring properties.

 

Members were also shown images and plans of the site.

 

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 relating to the use of the housing extension.

 

Councillor Semple moved the motion to grant permission subject to conditions

The motion was seconded by Councillor Grainger

 

A vote was taken on the motion, 10 voted in favour, 0 against and 0 abstentions.

 

The motion was carried.

 

Resolution

 

Permission granted subject to conditions

 

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:

 

DWG 028-29-EX-SL-BP-EL-FL REV A – Existing Site Location Plan & Block Plan

 

DWG 029-30-PR-EL-FL-NT REV B - Proposed Elevations (Amended Plan Received 04/03/2020)

 

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.