Issue - decisions

2/2018/0155 - Reserved Matters application for the erection of 224 dwellings (Phase 2) following approval 2/2016/0670, Land off Strawberry How Road, Cockermouth

23/01/2019 - 2/2018/0155 - Reserved Matters application for the erection of 224 dwellings (Phase 2) following approval 2/2016/0670, Land off Strawberry How Road, Cockermouth

Representations

 

Mr G R James spoke against the application

 

Councillor Alan Tyson spoke against the application

 

A written statement was read out from Ward Councillors Alan and Christine Smith against the application

 

The applicants David Hayward, Adam McNally and Graham Parker of Story Homes spoke in support of the application.

 

Application

 

The report recommended delegating the powers to the Head of Place Development to grant permission subject to conditions following the securing of measures to retain the landscaping belt on and adjoining the site’s Eastern boundary.

 

The Planning and Building Control Manager introduced this item and the following application for a stopping up order given that they related to the same site, albeit advising members that each application should be considered separately.

He advised that neither were planning applications. 2/2018/0155 was an application for the layout, scale, appearance and landscaping reserved matters pursuant to an outline permission. The second application was for the stopping up part of an existing public right of way and the provision of a publicly accessible route instead, following adopted highways and, possibly, across a small area of public accessible land in the event that that land is not adopted.

The Planning and Building Control Manager continued the introduction to the item by explaining that there was an original permission approved in 2015 with a second permission following in 2017. It was the latter that was relevant. It granted full permission for phase 1 and outline permission for phase 2, albeit, the access arrangements to the whole site were considered and approved at that time. Phase 2 was for up to 224 dwellings in addition to 96 on phase 1.

The recommendation for the reserved matters application was to approve. However the Planning and Building Control Manager advised that, should members resolve to refuse of even defer consideration; he would need to update members as to the officer’s recommendation. Specifically, the recommendation for the stopping up order was that it be made. This was based on it passing both the necessity and merits case explained in the report. However, if the reserved matters was not resolved to be approved, then the necessity test would not have been met and he would then need to advise that the order was not made.

 

The Planning and Building Control Manager confirmed that members of the Panel visited the site in the morning. This included assessing it from the new bridge, from the start of the public right of way at Bellbrigg Lonning, from the end of Ullswater Drive and from Coniston Drive. Specific attention was paid to the alignment of the public right of way across the site.

 

He advised that the principle of the development was not up for consideration and confirmed to members that the details now proposed in these reserved matters accorded completely with the parameters of the outline permission.

 

Members were referred to the officers report and submitted details, the main issues being summarised as follows:-

 

Layout

 

The layout of the proposed development was considered to respond positively to the existing pattern and grain of development within the surrounding area, whilst providing a good quality scheme internally to the site.

 

The proposal would achieve good connectivity with surrounding development and would secure the retention of two mature trees.

 

The layout is devoid of repetition and the routes are legible, overall the layout responds to the prevailing character of the area.

 

The Planning and Building Control Manager, at this stage, proposed that the officer recommendation be amended to revise condition 11 to make it clear that there was to be no vehicular access from Ullswater Drive and Consition Drive.

 

Scale

 

The scheme consists of a range of houses, bungalows and flats, with either in-curtilage parking of parking courts provided. The unit height ranges from single storey to three storey dwellings. The scale of development includes 100 affordable units, equating to 44.5% of the total number.

 

Appearance

 

The proposal was considered to provide for a good standard of housing environment, providing adequate separation distances, external amenity space, in-curtilage parking and public open space for future residents.

 

Landscaping

 

The landscaping, including private gardens, responds to changes in levels, the site being noted for the fall from north to south. This development uses gradual terracing and falls within the site rather than higher retaining walls.

 

Affordable Housing Provision

 

The number of affordable housing units proposed complies with the requirements of the legal agreement attached to the outline consent, as does the tenure split of 75% social rent, 25% discounted sale. Housing services had confirmed their acceptability of the unit sizes proposed, based on the need evidenced in the locality.

 

Environmental Impact

 

Ecology – Both the Environment Agency and Natural England had requested the provision of a Silt Management and Incident Monitoring Plan for the construction phase, to reduce the likelihood of incidents impacting the Tom Rudd Beck.

 

Drainage – The application had been supported by an addendum to the original Flood Risk Assessment. This, along with the submitted drainage details demonstrate that the drainage strategy for surface water will be in general accordance with the flood risk and drainage strategy considered within the original Environmental Statement and assessed as having no significant adverse effects.

 

Landscape and Visual Impact -

 

The designation of the Lake District National Park as a World Heritage Site had been considered as part of an updated LVA. Any impacts on the Outstanding Universal Value of the WHS are not considered to be significant.

 

A dedate ensued with questions being put, during the debate, by Members to the Planning and Building Control Manager. There was specific member discussion about traffic movements including off the site within the town.

 

Councillor Wilson moved a motion to defer due to lack of information in relation to traffic, this motion was refused as traffic has already been considered and approved in outline planning application 2/2014/0381.

 

There were also questions raised by members about the outline planning application process with officers confirming that the decision was robust and must not and could not be revisited.

Having accepted this, the debate turned to reserved matters, specifically noting the amenity value of the footpath and the experience from it.

 

Councillor Annison then moved to approve the application as per officers recommendations, this was seconded by Councillor Bales.

 

A vote was taken on the motion to approve, 5 voted in favour, 6 against, 0 abstentions.

 

The motion was lost.

 

Councillor Bales then moved to approve the application as per officer’s recommendation with new wording of condition 11. This was seconded by Councillor Miskelly.

 

A vote was taken on the motion to approve, 5 voted in favour, 6 against, 0 abstentions.

 

The motion was lost and debate continued in relation to traffic, with Head of Place Development and Corporate Director both clarifying the planning and legal implications from the original planning application approval.

 

Councillor Bales then moved again to approve the application as per officer’s recommendations, with the new wording of condition 11. This was seconded by Councillor Miskelly.

 

A vote was taken on the motion to approve, 6 voted in favour, 2 against with 3 abstentions.

 

The motion was carried.

 

Resolved

 

Approved as per officer recommendation including the amendment to condition 11.

 

Powers to grant permission subject to conditions will be delegated to the Head of Place Development.

 

Conditions

 

Accordance conditions:

 

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

Hastings v5

Mayfair V5

York V5

Worcester

Chartwell

The Elmswood

Camberley

Kettering

Worthing

The Hawthorn V5

The Rowan V5

Kingston V5

Hereford V5

The Malborough

The Birch V5

The Cherry V5

The Sycamore V5

Proposed Detailed site layout 1/2 10D-STO-100 Rev DD

Proposed Detailed Site Layout 2/2 10D-STO-100 Rev DD

Location plan 20032.LOC2

Landscape General Arrangement UG_11598_LAN_GA_DRW_01 Rev P07

Soft Landscape drawings:

Plan 1 - UG_11598_LAN_SL_DRW_05 rev P06

Plan 2 - UG_11598_LAN_SL_DRW_06 rev P04

Plan 3 - UG_11598_LAN_SL_DRW_07 Rev P04

Plan 4 - UG_11598_LAN_SL_DRW_08 Rev P04

Plan 5 - UG_11598_LAN_SL_DRW_09 Rev P04

Plan 6 - UG_11598_LAN_SL_DRW_10 Rev P04

Plan 7 - UG_11598_LAN_SL_DRW_11 Rev P04

Hard Landscape SL20032.90.9.HS Elevation treatment drawings - Sheet 1/2 -

10D-STO-102 rev J and Sheet 2/2 - 10D-STO-102 Rev J

Proposed Boundary Treatments Plan 1/2 - 10D-STO-103 Rev J

Proposed Boundary Treatment Plan 2/2 - 10D-STO-103 Rev J

Parking Plan 10D-STO-509 Rev C

CMP Drawing SL20032.90.9.SL.BP Rev C

Management Company Plan SL20032.90.9.ML Rev C

Affordable plots plan SL20032.90.9.SL.RD Rev B

Footway Signage Plan SL20032.90.9.FSP

Boundary Details booklet:

1800mm High Fence (Open Boarded) BD-03 rev A,

1100mm Railing BD-09,

1792mm High Brick Wall BD-15,

900mm High Stone Wall BD-17,

1800mm High Stone Wall BD-18,

1200mm Estate Railings BD-31,

1200mm High Railings BD-41,

1200mm High Netting Fence BD-52

Plot development schedule V5 Rev B 07.12.2018

Schedule of finishes SH126/90/12/SF - 7.12.2018

Substation - Close Coupled Substation front gabled roof detail General

Arrangement GTC-E-SS-0011_R1-9_1_of-1

Section A-D (1/2) 10D-STO-120 Rev C

Section A-D (2/2) 10D-STO-120 Rev C

Section E-F (1/2) 10D-STO-120 Rev C

Section E-F (2/2) 10D-STO-120 Rev C

Section G-I 10D-STO-120 Rev C

External Works drawing (1/4) C-GA-201 rev P5

External Works drawing (2/4) C-GA-202 rev P5

External Works drawing (3/4) C-GA-203 Rev P4

External Works drawing (4/4) C-GA-204 Rev P4

Drainage Arrangement (1/3) C-GA-401 Rev P4

Drainage Arrangement (2/3)C-GA-402 Rev P4

Drainage Arrangement (3/4) C-GA-403 rev P5

Drainage Arrangement (4/4) C-GA-404 Rev P5

Drainage Strategy OverviewC-GA-400 rev P6

SUDS Arrangement & Details C-GA-501 Rev P5 Dwg

UG_11598_LAN_LSN_DRW_13 Rev P01 Landscaping Supporting Notes Dwg

UG_11598_LAN_MS_DRW_15 Rev P01 Main Street Square Strategy Dwg

UG_11598_LAN_PA_DRW_12 Rev P01 Play Area Central Green

Garage Booklet

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 development hereby permitted shall be completed in accordance with the recommendations and mitigation measures contained within the Flood Risk Assessment Addendum produced by CK21 Ltd (referenced Rev A; dated April

2018).

Reason: To ensure a satisfactory means of surface water drainage and to minimise the risk of flooding from the development, in compliance with the National Planning Policy Framework and Policies S29 and S2 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

3. The development hereby permitted shall be completed in accordance with the recommendations and mitigation measures contained within the updated Chapter 6A - Ecology.

Reason: To minimise the impacts of the development on the ecological interests of the site in compliance with the National Planning Policy Framework, and Policy S35 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

Pre-Commencement Conditions:

 

4. No development shall commence until a bat-sensitive lighting scheme has been submitted to and approved in writing by the Local Planning Authority for the development, including the construction phase. Any temporary or permanent lighting installed at the site shall be in accordance with the approved details and where permanent, shall be retained for the lifetime of the development.

Reason: To minimise the impacts of the development on the ecological interests of the site in compliance with the National Planning Policy Framework, and Policy S35 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

5. No development shall commence until a Silt Management Plan and Incident Monitoring Plan has been submitted to and approved in writing by the Local Planning Authority. The plans shall demonstrate how suspended solids from surface water run-off from the Phase 2 construction works will be treated and removed and how risks of pollution will be monitored to avoid potential incidents. The Silt Management Plan shall be implemented as approved before development commences and both the Silt Management and Incident

Monitoring Plan shall be adhered to for the duration of the construction phase.

Reason: To prevent pollution of the water environment and to minimise the impacts of the development on the ecological interests of the adjacent water environment in compliance with the National Planning Policy Framework, and Policies S35 and S36 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

6. No part of the development hereby permitted shall commence until an updated Construction Management Plan specific to Phase 2 has been submitted and approved in writing by the Local Planning Authority. The Construction Management Plan 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 (including any wheel washing facilities);

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

(g) Hours of working and deliveries;

(h) Highway signage/ Haulage routes. The approved statement shall be adhered to throughout the duration of the development.

Reason: Having regard to the layout of the proposed scheme and the proximity to existing residents, the updated CEMP for Phase 2 is considered necessary in the interests of safeguarding the amenity of the occupiers of neighbouring properties during the construction works of the development hereby approved, in compliance with the National Planning Policy Framework and Policy S32 of the Allerdale Local Plan (Part 1), Adopted July 2014 and in the interests of highway safety.

 

7. No development within Phase 2 shall commence until a desktop study has been submitted to and approved by the Local Planning Authority which includes the investigation of soil contamination or gas risk from the site or surrounding area. 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: Insufficient information has been provided within the submitted WYG Ground Investigation Report (WYG A081410, dated April 2014) to demonstrate that the proposed housing layout for Phase 2 would not be at risk from contamination itself, or would not increase risk to human health or the natural environment.

Additional assessment is considered necessary to minimise any risk during or post construction works arising from any possible contamination from the development in compliance with the National Planning Policy Framework and Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

8. 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.

 

9. The carriageways, footways, footpaths, cycle ways etc. shall be designed and constructed, drained and lit to a standard suitable for adoption and in this respect further details, including longitudinal/ cross sections, shall be submitted for phase 2 to the Local Planning Authority for approval before work commences on that phase. No work shall be commenced on that phase until a full specification has been approved. These details shall be in accordance with the standards laid down in the current Cumbria Design Guide. All works so approved shall be constructed before the development of that phase is complete and before the development of any new phase commences.

Reason: To ensure a minimum standard of construction to those internal roads detailed as part of the layout of Phase 2, in the interests of highway safety.

 

10. 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 the development being commenced. Any approved works shall be implemented prior to the development being completed and shall be maintained operational at all times thereafter.

Reason: To ensure that the detailed layout for Phase 2 incorporates appropriate measures to control surface water, in the interests of highway safety.

 

Other conditions:

 

11. Notwithstanding the submitted plans, the estate railings proposed across those parts of the development site boundary that adjoin the cul de sac heads of Coniston Drive and Ullswater Drive shall not extend across the proposed footpath links and will prohibit vehicle access. No new fencing shall be erected at any time within the site to obstruct these pedestrian links.

Reason: To allow for pedestrian permeability through the site to adjoining land, in accordance with Policy S4 of the Allerdale Local Plan Part 1 and advice contained within the NPPF (2018).

 

12. The proposed footpath link up to Coniston Drive (adjacent Plot 62) shall be laid up to the boundary of the site and any existing fencing within the site boundary shall be removed for the width of the footpath link prior to the occupation of Plot 62. The link shall thereafter be retained.

Reason: To facilitate pedestrian permeability through the site to adjoining land, in accordance with Policy S4 of the Allerdale Local Plan Part 1 and advice contained within the NPPF (2018).

 

13. No part of the development hereby permitted shall be constructed above ground floor level until details and representative samples of the external materials for the dwellings (brick, sandstone and roofing materials) have been submitted to and approved by the Local Planning Authority. Only the materials so approved shall be used in the development as approved.

Reason: To ensure a satisfactory standard of development for the external appearance of the approved scheme which is compatible with the character of the surrounding area, in compliance with the National Planning Policy Framework and Policy DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

14. A scheme for the phased delivery of all planting, seeding or turfing comprised within the approved landscaping scheme shall be submitted to the Local Planning Authority for approval in writing prior to the construction of any dwelling above ground floor level. The development shall be completed in accordance with the approved delivery scheme. Should any trees or plants which within a period of 5 years from the completion of that phase 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.

 

15. A landscaping management plan including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, other than small privately owned domestic gardens, shall be submitted to and approved by the Local Planning Authority prior to the occupation of any dwelling house. The development shall thereafter be maintained at all times in accordance with the approved management plan.

Reason: To ensure the long term maintenance and management of public open space within the residential estate.

 

16. No development shall commence on plots 51 - 57, 58 - 92, plots 100 - 105, 113 - 122, or on the proposed highway beyond plot 50 unless and until a footpath Stopping Up Order for Public Right of Way 223003 has been made and confirmed by the LPA or the Secretary of State for its full length where it crosses the application.

Reason: To ensure that the development does not obstruct PROW 223003 which presently crosses the site.

 

17. Should a Stopping Up Order for Public Right of Way 223003 (where it crosses the application site) be made and confirmed by the LPA or the Secretary of State, a temporary permissive pedestrian footpath shall be made available for immediate public use through the site from Bellbrigg Lonning in the west (adjacent to 36 Bellbrigg Lonning) to PRoW 223003 at the eastern boundary, until such time as the permanent permissive route through the site as shown on drawings PROW Strategy Rev A, received on the 3rd January 2019, is made available for use along its entire length. The temporary footpath route shall either follow the alignment of PRoW 223003 as presently exists across the site, or the temporary route as shown on Management Layout Plan Rev C.

Reason: To ensure that a permissive pedestrian footpath through the site connecting Bellbrigg Lonning to PROW 223003 is retained and at all times.

 

18. Prior to the stopping up of PRoW 223003 where it crosses the site, a detailed Footpath Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Footpath Management Plan shall detail how the temporary permissive footpath through the site from Bellbrigg Lonning in the west (adjacent to 36 Bellbrigg Lonning) to PRoW 223003 at the eastern boundary as specified in condition 17 will be managed through all phases of the construction of the development, including details of any temporary closures, signage and notification to the public. The development shall be completed only in accordance with the approved Footpath Management Plan.

Reason: To ensure that any closure of the temporary permissive footpath is minimised, that sufficient notice and publicity is provided to the public and that the safety of pedestrians is duly considered.

 

19. Prior to development commencing on the permissive footpath route hereby approved, details of the design of the 'motif' to be inlaid within the permissive footpath route shall be submitted to the Local Planning Authority for approval in writing. The approved motif shall be inlaid within the permissive footpath route as approved and in accordance with the locations specified on drawing, Amended Plan SH Footway Signage Plan 07.12.18, and shall be maintained and retained thereafter for the lifetime of the development.

Reason: To secure the outstanding detail for the permissive route and to ensure the route achieves a good standard of design.

 

20. Within 1 month of the construction of the permissive footpath, the signage shown on drawing ‘Amended Plan SH Footway Signage Plan 07.12.18’ shall be erected as approved and shall be maintained and retained thereafter for the lifetime of the development.

Reason: To ensure that the permissive footpath through the site connecting to PRoW 223003 is adequately signposted.

 

21. Notwithstanding the approved plans, revised house types shall be submitted to the Local Planning Authority for approval in writing for plots 30, 57, 23, 24, 5, 6, 71 and 74, which shall include additional window openings to the site elevations that serve to increase natural surveillance of the Eastern footpath and/or internal roads. The development shall be completed only in accordance with the approved details.

Reason: To ensure an appropriate level of natural surveillance to public routes to improve security and safety across the site, in accordance with policies S4 and DM14 of the Allerdale Local Plan Part 1.

 

22. A management plan, including management responsibilities and maintenance schedule for the permanent permissive footpath through the site shall be submitted to and approved in writing to the Local Planning Authority prior to the occupation of any dwelling house. The footway shall thereafter be maintained at all times in accordance with the approved management plan.

Reason: To ensure the long term maintenance and management of the permanent permissive footpath in the event that it is not formally adopted.