Agenda, decisions and minutes

Development Panel
Tuesday 22nd October, 2019 1.00 pm

Venue: Council Chamber, Allerdale House. View directions

Contact: Lee Jardine  01900 702502

Items
No. Item

205.

Minutes pdf icon PDF 280 KB

To sign as a correct record the minutes of the meeting held on 01 October 2019

Minutes:

The minutes of the meeting held on 1 October 2019 were signed as a correct record.

206.

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:

9.  Development Panel - FUL-2019-0091 - Glebelands, Wigton - Conversion of redundant dutch barn and single storey barn to four residential dwellings.

  Councillor Malcolm Grainger; Other Interest; knows the applicant.

 

207.

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

208.

Development Panel - RMA-2019-0002 - Proposed Housing Development, Ashfield Road South, Workington - Reserved matters application for 255 units following outline consent 2/2014/0857 pdf icon PDF 579 KB

Minutes:

Item Deferred

209.

Development Panel - FUL-2019-0042 - Land to south of Ashfield Road South, Workington - Erection of 12 dwellings pdf icon PDF 473 KB

Minutes:

Item Deferred

210.

Development Panel - OUT-2019-0014 - Field near William Street, Great Clifton, Workington - Outline application with all matters reserved for a single dwelling pdf icon PDF 355 KB

Minutes:

Representations

 

Malcolm Fee on behalf of Great Clifton Parish Council, spoke against the application.

 

Anthea Jones (Agent) and Mr Kennedy (Applicant) spoke in favour of the application.

 

Application

 

The report recommended granting permission subject to conditions.

 

The Planning and Building Control Manager introduced the item and confirmed that the development panel had attended a site visit.

 

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

 

Principle of development and application of tilted balance

 

The application site is located outside the designated saved settlement limits for Great Clifton under the Allerdale Local Plan 1999. The 1999 Local Plan settlement limits are considered to be out of date and only limited weight can be afforded to them. In advance of the Inspectors Report being received and outstanding objections, the settlement limits in the emerging Part 2 of the Local Plan are afforded little weight at this juncture. Sites beyond the adopted settlement limits are required to meet the Local Plan Part 1’s medium term housing trajectory in advance of the Part 2 allocation being adopted. In this context, applying the National Planning Policy Framework’s tilted balance, the site is considered to provide the benefit of a dwelling with no significant, demonstrable adverse impacts. It represents a sustainable development on the edge of a local centre settlement and well related to existing development.

 

Landscaping and amenity

 

The application will not have an adverse impact on landscape character and no adverse visual impact is likely on residential amenity and for users of the highway networks or public footpaths.

 

Contamination and ground conditions

 

These matters will be addressed by planning conditions, the Coal Authority removed their objections.

 

Highway and access

 

No objection came from Cumbria Highways. Highway access will be considered at reserved matters stage.

 

 

 

 

Flood risk/Drainage

 

The site is in flood zone 1. The proposed drainage accords with the development plan’s hierarchy where infiltration is not possible.

 

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 speakers and debate followed relating to future use of the rest of the site, access and settlement limits.

 

The Head of Planning and Building Control then clarified to members that the application should be judged on its own merits also clarifying the position in relation to settlement limits.

 

Councillor Horsley moved to grant permission as per officer’s recommendations.

 

This was seconded by Councillor Grainger.

 

A vote was held on the motion to grant permission, 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 Limit:

 

1. Before any development commences details of the layout, scale and appearance, access 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 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.

 

In Accordance:

 

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

Location Plan

D&A Statement

Drainage Statement

Amended Coal Risk Assessment 20.8.2019

 

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:

 

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. In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported immediately to the Local Planning Authority. Development on the part of the site affected must be halted and a risk assessment carried out and submitted to and approved in writing by the Local Planning Authority.

Where unacceptable risks are found remediation and verification schemes shall be submitted to and approved in writing by the Local Planning Authority. These shall be implemented prior to the development (or relevant phase of development) being brought into use. All works shall be undertaken in accordance with current UK guidance, particularly CLR11.

 

Reason: To minimise any risk arising from any possible contamination from the development to the local environment in compliance with the National Planning Policy Framework and Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

8. Prior to the commencement of works, the non-mains foul drainage systems for the dwelling shall be submitted to and approved in writing by the Local Planning Authority. The details hereby approved shall be implemented prior to the use of the dwelling hereby approved.

 

Reason: To enable a satisfactory means of non-mains foul drainage, in compliance with the National Planning Policy Framework and Policy DM12 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

Prior to Occupation

 

9. Prior to the occupation of the 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 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 development shall be completed, maintained and managed in accordance with the approved details.

 

Reason: To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution.

 

Advisory Note

 

Any works within or near the Highway must be authorised by Cumbria County Council and no works shall be permitted or carried out on any part of the Highway, including Verges, until you are in receipt of an appropriate permit (I.E Section 184 Agreement) allowing such works. Enquires should be made to Cumbria County Councils Street Work’s team - westst@cumbria.gov.uk

 

Surface water drainage is identified as discharge to existing watercourse  therefore the applicant should contact LRFM team for further advise: No development shall commence until Land Drainage / Ordinary Watercourse consent has been granted for the proposed changes to the watercourse flowing through/close to the site. Contact LFRM Consent LFRM.consent@cumbria.gov.uk for information and guidance.

211.

Development Panel - FUL-2019-0199 - Maryport Christ Church, King Street, Maryport - Change of use into wedding venue/nightclub pdf icon PDF 334 KB

Minutes:

Representations

 

Colin Reed, spoke against the application.

 

Application

 

The report recommended that permission be refused.

 

The Planning and Building Control Manager introduced the item and confirmed that the development panel had attended a site visit.

 

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

 

Principle of Development

 

Whilst officers would wish to see the re-use of the building, the siting within a residential area needs to be taken into consideration when assessing the operations associated with the proposed use. The location raises significant concerns with regards to the proposed.

 

Impact on surrounding area

 

Officers do not consider the proposed use of a bar/nightclub is an appropriate use for this residential area.

 

Heritage Assets

 

The internal alterations will have an impact on the buildings historic fabric and character, however these are considered to be acceptable and necessary to bring back into use a redundant heritage asset.

 

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 speakers and debate followed relating to fire safety, noise and the setting within a residential area.

 

Councillor Grainger moved the motion to refuse the application as per officers recommendations.

 

The motion was seconded by Councillor Munby

 

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

 

The motion was carried.

 

Resolved

 

That permission is refused.

 

1. The Local Planning Authority consider that, by virtue of the noise from music from the premises and from movements of people to and from the premises and congregating outside, the proposal would result in a significant impact on the amenity of the neighbouring properties contrary to paragraphs 127 and 180 of the National Planning Policy Framework and Policies S3, S4 and S32 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

2. The applicant has failed to demonstrate that there are sequentially preferable sites for this main town centre use within the town centre as defined by the Allerdale Local Plan (Part 1), Adopted July 2014. As such there is no evidence that the proposal would not have an adverse impact on the vitality and viability of Maryport town centre. Therefore, the proposal is contrary to policy S16 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

3.  In the absence of a Flood Risk Assessment the applicant has failed to demonstrate the proposal is acceptable in terms of flood impact contrary Chapter 14 of the National Planning Policy Framework and Policy S29 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

4.  In the absence of a Bat Survey the applicant has failed to demonstrate that the proposal will not have an unacceptable impact on protected species and therefore fails to comply with Policy S35 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

212.

Development Panel - FUL-2019-0091 - Glebelands, Wigton - Conversion of redundant dutch barn and single storey barn to four residential dwellings pdf icon PDF 256 KB

Minutes:

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.

 

Principle of Development

 

The application has demonstrated that the developer can achieve four units on the site under a conversion scheme in line with Policy S31 of the Local Plan.

 

However, a higher level of design is achieved on the site through a partial new building utilising the frame of the Dutch barn that sits on the site. Therefore, in considering the fall-back position (4 converted units), officers consider that the conversion of the existing single story building to create two units and a further two new build units created within the frame of the Dutch barn can be supported.

 

Highway Issues

 

The proposed highway arrangements are considered acceptable.

 

Design

 

The applicant has received a high level of design on site, whilst reflecting their inherently rural setting.

 

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 highway and access, ecology, visibility splay and the design of the proposal.

 

Councillor Munby moved the motion to approve as per officers recommendations.


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.

 

Resolved

 

Planning permission granted as per officers recommendations.

 

 

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.

 

Accordance with plans:

 

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

00219/01 Revision C Location Plan (amendment receieved 12 June 2019)

00219:12 Site Plan (amendment received 18 September 2019)

00219:05 Revision E Proposed Plots 3 & 4 Ground Floor Plan (amendment received 18 September 2019)

00219:06 Revision E Plot 3 & 4 First Floor Plan (amendment received 18 september 2019)

00219:07 Revision E Plots 3 & 4 South, East Elevations & Section

(amendment received 18 September 2019)

00219:08 Revision E Plots 3 & 4 North, West Elevations (amendment received 18 September 2019)

00219:09 Revision E Courtyard Elevation (amendment received 18

September 2019)

00219:10 Revision E Plots 1 & 2 Floor Plan (amendment received 18

September 2019)

00219:11 Revision E Plot 1 & 2 Elevations (amendment received 18

September 2019)

00219:13 Drainage Plan Revision E (amendment received 18 September

2019)

Survey for Bats, Barn Owls & Breeding Birds

Report on Structural Inspection received 26 July 2019

Specification for Package Treatment Plant

 

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.

 

Before development commences

 

3. The works shall be implemented solely in accordance with the mitigation measures outlined in Section E of the Survey for Bats, Barn Owls and Breeding Birds. This includes provision of hedgerow nesting boxes prior to any of the development hereby commencing.

 

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

 

Before development first use:

 

4. Details of all measures to be taken by the applicant/developer to prevent surface water discharging onto or of the highway shall be submitted to the Local Planning Authority for approval prior to any dwelling been occupied.

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

 

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

 

5. The existing stone wall at the entrance to the proposed site from the A596 shall be reduced in height as shown on drawing no 00219:12 Revision E prior to the occupation of any dwelling.

 

Reason: In the interest of highway safety.

 

6. Details of the siting, height and type of all means of enclosure/screen walls/fences/other means of enclosure shall be submitted to and approved by the Local Planning Authority prior to the occupation of any dwelling(s). Any such walls/fences etc shall be constructed prior to the approved building being brought into use/occupied. All means of enclosure so constructed shall be retained and no part thereof shall be removed without the prior consent of the Local Planning Authority.

 

Reason: To ensure a satisfactory standard of development which is compatible with the character of the surrounding area and safeguard the amenity of neighbouring properties, in compliance with the National Planning Policy Framework and Policy S4 and S32 of the Allerdale Local Plan (Part 1), Adopted

July 2014.

 

7. No part of the development hereby permitted shall be built above ground floor level until there has been submitted to and approved by the Local Planning Authority a scheme of hard and soft landscaping which shall include indications of all existing trees and shrubs on the site, and details of any to be retained, together with measures for the protection in the course of development. All planting, seeding or turfing comprised within the scheme shall be carried out in the first planting season following completion of the development and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with other similar size and species, unless otherwise agreed in writing by the Local Planning Authority.

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

 

8. Prior to the first occupation details of the management and maintenance programme for all arears of public open space as shown on drawing number 00219:12 Revision E shall be submitted to an approved by the Local Planning Authority. The public open spaces shall upon implementation of the permission be maintained in accordance with the approved management programme.

 

Reason: To ensure the long term management and maintenance of any public open space within the approved development, in accordance with the National Planning Policy Framework and Policies S2, S4 and DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

Other

 

9. There shall be no vehicular access to or egress from the site other than via the approved access (Drawing No. 00219:12 Revision E), unless otherwise agreed in writing by the Local Planning Authority.

 

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

 

10. The dwelling(s) hereby approved shall not be occupied until the vehicular access, parking and turning requirements for that dwelling have been constructed in accordance with the approved plan and have been brought into use. The vehicular access, parking and turning provisions shall be retained and capable of use at all times thereafter and shall not be removed or altered without the prior consent of the Local Planning Authority.

 

Reason: To ensure a minimum standard of access, parking and turning provision when the development is brought into use.

 

11. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or in any Statutory Instrument revoking or re-enacting that Order with or without modification) no development falling within Class(es) A, B, C, D and E 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 amenities of adjacent properties.

 

213.

Development Panel - VAR-2019-0008 - Derwent Drive, Workington - Variation of condition 2 on 2-1993-0767 to enable food, drink and tobacco to be sold from units B and C pdf icon PDF 711 KB

Minutes:

Application

 

The report recommended that the decision to grant permission subject to conditions be delegated to the planning and building control manager upon the securing of a section 106 agreement within 6 months of the date of the panel’s resolution that surrenders the unrestricted retail floor area (unrestricted by the extant permission on land within the wider Derwent Drive retail site).

 

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

 

Principle of Development

 

Subject to an agreement being in place, the application would have no conflict with development plan policies.

 

Town Centre Viability

 

Although the sequential test indicates that the Central Road Car Park site is sequentially preferable in terms of new retail development, the applicant has been able to demonstrate that there would be no increase in floor space as they propose to surrender floor space which has extant permission on the Derwent Drive retail site, therefore, there is no increase in overall floor space for convenience goods.

 

The impact on Workington Town Centre is not considered to be significantly adverse, having regard to relevant policies and advice contained within the NPPF.

 

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 town centre vitality, anti-social behaviour and the impact of out of town development.

 

Councillor moved the motion that the decision to grant permission subject to conditions be delegated to the planning and building control manager.

 

The motion was seconded by Councillor Daniels

 

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

 

The vote was carried.

 

Resolution

 

The decision to grant permission subject to conditions is to be delegated to the planning and building control manager upon the securing of a section 106 agreement within 6 months of the date of the panel’s resolution that surrenders the unrestricted retail floor area (unrestricted by the extant permission on land within the wider Derwent Drive retail site).

 

Conditions

 

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

2817 110 G Elevations - Amended plan received 17 August 1995

2817 20 - Landscape plan Amended plan received 26 August 1993

(landscaping only)

10313 P L05 Rev B - Proposed site layout Amended plan received 30 April 2019

10313 P L01 - Location 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.

 

2. The retail units A and C (formerly A and D) hereby permitted on plan 10313 PL05 Rev B - Proposed site layout Amended plan received 30 April 2019 shall not be used for the sale of food, drink or tobacco without the prior express consent of the Local Planning Authority.

 

Reason: In the interests of maintaining the vitality and viability of Working Town Centre in accordance with the Policy S16 of the Allerdale Local Plan.

214.

Development Panel - OUT-2019-0030 - The Borrans, Cockermouth - Outline application including access for a new dwelling (resubmission of 2-2018-0511) pdf icon PDF 412 KB

Minutes:

Representations

 

Michael-Anthony Ward spoke against the application.

 

Anthea Jones (Agent) and Mr Moore (Applicant) spoke in favour of the application.

 

Application

 

The report recommended refusal.

 

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

 

Principle of Development

 

The application site is located outside the saved, 1999 settlement limits for Pardshaw. The Allerdale Local Plan (Part 1) classes the village as an Infill rounding off village omitting any defined settlement limits. The emerging Part 2 pre submission document also omits any settlement limits for the village. The merits of the outline permission relate to whether the proposal “infills and roundsoff the village” under Part 1.

In the officer’s opinion the proposal neither constitutes infill or rounding off of thesettlement and, in the absence of anydemonstrable essential need, the proposalconstitutes non-essential development inthe open countryside.

The proposal is therefore considered to represent an inappropriate, unsustainable location for residential development contrary to the provisions of Policy S3 and S33 of the Allerdale Local Plan (Part 1)

 

Drainage Issues

 

Satisfactory drainage details have been submitted for the proposed development

 

Highway Considerations

 

The highway details are considered satisfactory.

 

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 whether the proposal constituted infill or rounding off.

 

Councillor Grainger moved to defer the decision for a site visit.

 

The motion to defer was seconded by Councillor Horsley.

 

A vote was taken on the motion to defer, 4 voted in favour, 7 against and 0 abstentions.


The motion was lost.

 

Following further debate, Councillor Farebrother moved the motion to refuse as per officer’s recommendations.

 

The motion was seconded by Councillor Kemp

 

A vote was taken on the motion to refuse, 8 voted in favour, 2 against and abstention

 

The motion was carried.

 

Resolved

 

That permission is refused.

 

1.  The application site is located in a distinctive rural open countryside setting. The development would introduce a non-essential residential detrimental alien form within the existing site’s open natural environment to the detriment of the visual amenity of its site and surroundings. The site of the development is considered to constitute neither infill nor rounding off development, eroding the distinctive rural settlement character of the settlement features, pattern, identity and rural character of its locality and would be an incongruous development in this rural locality. The site is therefore not considered to be well related to the built environment and would extend into the open countryside. As such it is contrary to policies S1, S3, S5 and S33 of the adopted Allerdale Local Plan Part 1 – 2014 and the provisions of the National Planning Policy Framework 2019.

 

2.  The proposed development constitutes non-essential residential development in the open countryside and is not considered to qualify as an exception for housing outside of the settlement and contrary to Policy S3 of the Allerdale Local Plan Adopted July 2014.