Agenda, decisions and draft minutes

Development Panel
Tuesday 19th November, 2019 1.00 pm

Venue: Council Chamber, Allerdale House. View directions

Contact: Lee Jardine  01900 702502

Items
No. Item

224.

Minutes pdf icon PDF 264 KB

To sign as a correct record the minutes of the meeting held on 22 October 2019.

Minutes:

The minutes of the meeting held on 22 October 2019 were signed as a correct record.

225.

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:

None Declared

226.

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

227.

Development Panel - 02/2019/9010 - High Close Quarry, High Close Farm, Plumbland - Application for the determination of new planning conditions under the Environment Act 1995 (as amended) for the dormant minerals planning permission ref CA49 incorpor pdf icon PDF 5 MB

Minutes:

Representations

 

Chris Watson, on behalf of Plumbland Parish Council spoke against the proposal.

 

Application

 

The report recommended that Allerdale Borough Council submit comments to the Minerals Planning Authority based upon the assessment detailed in Section 11 of the report, expressing why some conditions need to be amended, why new conditions are also required and that full comments cannot be made at this stage with further time being required to provide additional representations following receipt of advice from consultees such as the County Highways Authority.

 

The Head of Place Development and Housing introduced the item and confirmed that the development panel had attended a site visit.

 

Members were advised that Allerdale Borough Council were not the decision maker on this proposal, but could provide representations as a consultee.

 

The Head of Place Development and Housing then went through the main issues as detailed in the report explaining to members that the proposed conditions do not fully address the issues associated with the development. Members were also advised of the representations received in particular the detailed representations from Plumbland Parish Council.

 

Questions were asked of the officers and speakers and debate followed relating to the proposed conditions, the existing landfill, noise, the proximity of nearby residential areas to the quarry, gas pipes and highway issues.

 

Councillor Farebrother moved the motion to approve the officer recommendations but that in addition to the issues raised in Section 11 of the report the Mineral Planning Authority be asked to give further consideration to the impact on the gas pipe running through the site, the wider impact on all communities between Parsonby and West Newton and that further information be requested in relation to leachate from the former landfill operation at the site.

 

This was seconded by Councillor Grainger

 

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

 

Resolution

 

That Allerdale Borough Council submit comments to the Minerals Planning Authority based upon the assessment detailed in Section 11 of this report, expressing why some conditions need to be amended, why new conditions are also required and that full comments cannot be made at this stage with further time being required to provide additional representations following receipt of advice from consultees such as the County Highways Authority and that in addition to the issues raised in Section 11 of the report the Mineral Planning Authority be asked to give further consideration to the impact on the gas pipe running through the site, the wider impact on all communities between Parsonby and West Newton and that further information be requested in relation to leachate from the former landfill operation at the site.

228.

Development Panel - 02/2019/9011 - High Close Quarry, High Close Farm, Plumbland - New vehicular access pdf icon PDF 4 MB

Minutes:

Representations

 

Brian Stephenson, on behalf of Plumbland Parish Council spoke against the proposal.

 

Application

 

The report recommended that the Mineral Planning Authority be advised that in determining the application they should have regard to the comments of Cumbria County Council’s highway officer.

 

The Head of Place Development and Housing introduced the item and confirmed that the development panel had attended a site visit.

 

Members were advised that Allerdale Borough Council were not the decision maker on this proposal, but could provide representations as a consultee.

 

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

 

New Access

 

Officers consider the creation of a new access to be acceptable in principle; however at this stage without the comments from Cumbria County Council Highways Authority, it is not considered that a recommendation can be provided.

 

Questions were asked of the officers and speakers and debate followed relating to visibility splay, current HGV use, land ownership, and closure of the existing access.

 

Councillor Grainger moved the following motion:

 

That the Mineral Planning Authority be advised that

·  Development Panel Members have concerns about the ability of the applicant to provide a safe access to the quarry development

·  That clarification is requested as to the applicants ability to provide the visibility splays shown in view of concerns raised in relation to the land ownership and whether the correct ownership certificates have been served as part of the planning application

·  That Allerdale Borough Council be provided with a further opportunity to comment when clarity has been provided in relation to these issues and comments have been received from the local highway authority.

 

The motion was seconded by Councillor Lynch

 

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

 

Resolution

 

That the Mineral Planning Authority be advised that

 

·  Development Panel Members have concerns about the ability of the applicant to provide a safe access to the quarry development

·  That clarification is requested as to the applicants ability to provide the visibility splays shown in view of concerns raised in relation to the land ownership and whether the correct ownership certificates have been served as part of the planning application

·  That Allerdale Borough Council be provided with a further opportunity to comment when clarity has been provided in relation to these issues and comments have been received from the local highway authority.

 

 

229.

Development Panel - OUT/2019/0031 - Meadow Bank, Oughterside - Outline application for residential development of up to 25 dwellings (resubmission of 2/2014/0690) pdf icon PDF 278 KB

Minutes:

Application

 

The report recommended that the decision to grant planning permission subject to conditions, be delegated to the Planning and Building Control Manager upon the signing of a section 106 agreement securing 6 affordable housing units on the site and £4,020 for the upgrade of existing off-site provision for children and young people in the village.

 

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

 

It was highlighted to members that the application had the benefit of previous outline consent, under 2/2014/0690 which has lapsed.

 

Principle of Development

 

The scale of the development is considered commensurate to the size and role of Prospect as a Local Service Centre. The site is directly adjacent to the built envelope and within walking distance of the facilities Prospect and Oughterside offer and the strategic bus route.

 

Highway Safety

 

Access is not reserved for subsequent approval. The proposed highway arrangements are considered acceptable. The Highways Authority has no objections. Officers did not support the highway authorities request for a speed survey as the access was now within updated speed limits for the village.

 

Affordable Housing

 

The proposed development would provide 6 affordable housing units on the site. This equates to 25% and fulfils the current Local Plan policy requirements.

 

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 affordable housing, play facilities and sustainability.

 

Councillor Munby moved the motion to approve the officer’s recommendations.

 

The motion was seconded by Councillor Grainger.

 

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

 

The motion was carried.

 

Resolution

 

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 6 affordable housing units on the site and £4,020 for the upgrade of existing off-site provision for children and young people in the village.

 

Conditions

 

Reserved matters submission

 

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: 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 layout 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 layout Reserved Matters Application(s) for the site shall include details showing the provision within each plot for the parking of vehicles commensurate with the Cumbria Parking Standards. No dwelling shall be occupied until the approved facilities for that dwelling are fully constructed.

These approved facilities shall be retained and capable of use when the development is commenced and shall not be removed or altered without the prior consent of the Local Planning Authority.

 

Reason: To ensure that proper access and parking provision is made and retained for use in relation to the development, in compliance with the National Planning Policy Framework and Policy S22 of the Allerdale Local Plan (Part 1), Adopted July 2014

 

5. The Reserved Matters Application for landscaping shall be accompanied by a landscape scheme for hedgerow and planting along the southern boundary, and replacement of any section of the hedgerow along the eastern boundary required to be removed as part of the formation of the access to the site.

This scheme shall be approved in writing by the Local Planning Authority and implemented thereafter in accordance with the approved details and prior to first occupation of the first dwelling.

 

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

 

Accordance with plans

 

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

Location Plan rev A

C001 Proposed Site Access Junction

Flood Risk Assessment

Phase 1 Desk Top Study Report

Preliminary Ecological Appraisal

 

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

 

7. The carriageway, footways and footpaths shall be designed, constructed, drained and lit (including such infill lighting as may be required between the systems in Prospect and Oughterside to support a speed restriction) 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.

 

8. The development shall not commence until visibility splays providing clear visibility of 60 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 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.

 

9. No development shall commence until a surface water drainage scheme, has been submitted to and approved in writing by the Local Planning Authority. The drainage scheme must include:

 

(i)  An investigation of the hierarchy of drainage options in the National Planning Practice Guidance (or any subsequent amendment thereof).

This investigation shall include evidence of an assessment of ground conditions and the potential for infiltration of surface water;

(ii)  A restricted rate of discharge of surface water agreed with the local planning authority (If it is agreed that infiltration is discounted by the investigations); and

(iii)  A timetable for its implementation.

 

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.

 

The approved scheme shall be 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.

 

10. All necessary site investigation works highlighted by the GEO Environmental Engineering Phase 1 Desk Top Study within the site boundary must be undertaken to establish the degree 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 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. Should land affected by contamination be identified under the desk top study under condition 10 be found 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 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. 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;

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 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.

 

13. Before any development takes place, a plan shall be submitted for the prior approval of the Local Planning Authority reserving adequate land for site offices/material storage and the parking of vehicles/plant engaged in the construction operations associated with the development hereby approved, and that land, including vehicular access thereto, shall be used for or be kept available for these purposes at all times until the completion of the construction works.

 

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.

 

Before development first use

 

14. Should a remediation scheme be required under condition 11, 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 arising from any possible contamination from the development to the local environment in compliance with the National Planning Policy Framework and Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

Other

 

15. 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.

 

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

 

Reason: To ensure a sustainable means of drainage from the site and minimise the risk of water pollution to the local water environment, in compliance with the National Planning Policy Framework and Policy S32 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

Advisory

 

1. Cumbria Fire and Rescue Service is committed to reducing the impact of fire on people, property and the environment. For this reason, it is recommended that the applicant should give consideration to the inclusion of a sprinkler system within the design of the premises.

230.

Development Panel - FUL/2019/0129 - Helena Thompson Museum, Park End Road, Workington - Extensions to create a new entrance porch and ramp, rear extension and alterations to access pdf icon PDF 325 KB

Minutes:

Application

 

The report recommended granting permission subject to conditions.

 

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

 

Principle of Development

 

The proposed minor works, which provide additional enhanced community facilities to the museum, are in compliance with Policy S26 of the Allerdale Local Plan (Part 1)

 

Heritage

 

The proposal constitutes a designated heritage asset. The proposed works would not harm the character or setting of the listed building in compliance with Policy S27 of the Allerdale Local Plan (Part 1)

 

Residential Amenity

 

The site of the proposed ground floor extension works would not adversely affect the residential amenity of neighbouring properties.

 

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 heritage and materials.

 

Councillor Grainger moved the motion to approve the officer’s recommendations.

 

The motion was seconded by Councillor Armstrong.

 

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

 

The motion was carried.

 

Resolution

 

Planning permission granted as per officers recommendations.

 

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:

5306 02B Proposed Block Plan

5306 11 Proposed front extension

5306 03A Existing and Proposed Elevations Sheet 2

 

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. All planting, comprised within the landscaping 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.

 

231.

Development Panel - LBC/2019/0015 - Helena Thompson Museum, Park End Road, Workington - Listed building consent for alterations to building, front extension to create entrance porch and ramp and rear extension pdf icon PDF 307 KB

Minutes:

Application

 

The report recommended granting consent subject to conditions.

 

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

 

Impact on the significance of the listed building

 

The proposed extension works would preserve the architectural and historical qualities of the asset.

 

It was highlighted to members that the grant of listed building consent would be subject to the prior consent of the Secretary of State.

 

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

 

Councillor Armstrong moved the motion to approve the officer’s recommendations.

 

The motion was seconded by Councillor Grainger.

 

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

 

The motion was carried.

 

Resolution

 

Listed Building consent granted per officers recommendations, subject to consent from the Secretary of State.

 

Conditions

 

1. The works hereby permitted shall be begun before the expiration of three years from the date of this consent.

 

Reason: In order to comply with Section 91 of the Town and Country Planning Act 1990.

 

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

 

5306 02B Proposed Block Plan

5306 03 A Existing and Proposed Elevations

Amended Dwg 5306-11 Proposed Front Extension

 

Reason: In order to ensure that the works are carried out in complete accordance with the approved plans to ensure the harm is less than substantial and outweighed by the public benefits.