(Public Pack)Agenda Document for Development Panel, 09/02/2016 13

Monday 1 February 2016

Development Panel Will meet on Tuesday 9 February 2016 at 1.00 pm in Council Chamber - Allerdale House

Membership:

Councillor Peter Bales (Chairman)

Councillor Carole Armstrong Councillor Nicky Cockburn Councillor Adrian Davis-Johnston Councillor Janet Farebrother Councillor Malcolm Grainger Councillor Margaret Jackson Councillor Mark Jenkinson Councillor Billy Miskelly Councillor Ron Munby Councillor Jim Osborn Councillor Bill Pegram

Members of the public are welcome to attend the meeting. If you have any questions or queries contact Dean Devine on 01900 702556.

Agenda

1. Minutes (Pages 1 - 34)

To sign as a correct record the minutes of the meetings held on 1 December 2015 and 19 January 2016.

2. Apologies for Absence

3. 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.

4. Questions

To answer questions from members of the public – 2 days’ notice of which must have been given in writing or by electronic mail.

5. 2/2015/0502 Proposed Change of Use of Land, Cumberland Lodge, Winscales, Workington (Pages 35 - 48)

6. 2/2014/0690 Proposed Residential Development, Meadow Bank, Oughterside (Pages 49 - 78)

7. CAT/2016/0001 Fell Sycamore Tree, Fellcroft, Windmill Lane, Cockermouth (Pages 79 - 82)

Chief Executive

Date of Next Meeting Tuesday 1 March 2016 at 1.00 pm Council Chamber - Allerdale House

Agenda Item 1

At a meeting of the Development Panel held in Council Chamber, Allerdale House on Tuesday 1 December 2015 at 1.00 pm

Members

P Bales (Chairman)

C M Armstrong M Jenkinson N Cockburn B Miskelly J Cowell R Munby A Davis-Johnston J Osborn J Farebrother L Williamson M Grainger

Apologies for absence were received from Councillors C M Jackson and B Pegram

Staff Present

B Carlin, D Devine, K Kerrigan, S Long, A Seekings and S Sewell

Public Participation

The following people addressed the Panel:

Planning application 2/2015/0514: Mark Clowes in objection Rachel Lightfoot as the agent

Planning application 2/2015/0470: Tom Woof as the agent

Planning application 2/2015/0549: Alan Rule on behalf of Sebergham Parish Council Councillor Duncan Fairbairn as Ward Councillor

Planning application 2/2014/0596: Paul Bowstead as the agent

271 Minutes

The minutes of the meeting held on 10 November 2015 were signed as a correct record.

272 Declaration of Interest

10. 2/2015/0533 20 Laithwaite Close, Cockermouth

Councillor Adrian Davis-Johnston: Other registrable interest due to knowing the applicant

Page 1 Councillor Ron Munby: Other registrable interest due to knowing the applicant

Steve Long, Principal Planning Officer: Other registrable interest due to knowing the applicant

Andrew Seekings, Corporate Director: Other registrable interest due to knowing the applicant

273 Questions

None received.

274 2/2015/0593 Land Adjacent to St Helens Lane, Flimby, Maryport

Application: Construction of 5 MWp Solar Park and ancillary development, land adjacent to St Helens Lane, Flimby, Maryport

The Principal Planning Officer recommended approval.

The Principal Planning Officer outlined the application and detailed the main issues within the report as follows:

 Residential amenity: The proposal is unlikely to have a significant adverse impact on residential amenity.

 Visual and landscape impact: The proposal will have some visual impacts but these will be mitigated by existing and proposed hedgerows and planting and it is considered the proposals will not have a significant adverse impact on the landscape.

 Heritage assets: The features highlighted within the geophysical survey will be recorded prior to the commencement of development secured by a planning condition.

 Removal and restoration: The site will be decommissioned after 30 years. The restoration of the site will be the subject of a planning condition.

 Flood risk: An acceptable flood risk assessment has been submitted and any potential impacts can be mitigated by condition.

 Access and operational requirements: With regard to operational requirements, the development will be connecting at an underground point.

The existing field access to the south of the site will be utilised for access during the construction, maintenance and subsequent decommissioning Page 2 of the solar park. The construction period is anticipated to last approximately 3-4 months, and there are likely to be short term impacts on the road network during the construction period.

 Highways: The highways department are satisfied with the development subject to conditions relating to the public right of way.

 Diversification / Temporary loss of BMW agricultural land: The proposal is unlikely to lead to a significant and irreversible long term loss of Best and Most Versatile (BMV) agricultural land.

The panels could be removed in the future with no permanent loss of agricultural land quality. Also, to make full use of the agricultural potential of the land sheep can be grazed whilst the Solar Farm is in place.

 Potential benefits: The site enables significant benefits in terms of generating electricity and cutting climate change emissions.

 Historical land use: Mitigation measures can prevent any harm arising from previous mining use on the site.

 Noise: A condition restricting noise limits can prevent any harm arising from the proposal.

Members noted that 6 letters of support and 12 letters of objection had been received with respect to the application, the main grounds of which were noted in the officer’s report.

Members noted that a further letter of objection had been received, set out in the list of consultations received since the preparation of the agenda.

Councillor N Cockburn moved refusal on the grounds that the proposed development would, when viewed in accumulation with existing wind turbines and industrial development, have an adverse impact on the open green area separating Flimby and Seaton contrary to policies S32 and S33 of the Allerdale Local Plan.

The proposal would result in the loss of agricultural land and it has not been demonstrated that no suitable brownfield sites were available contrary to the provisions of the ministerial statement of 25 March 2015 and Planning Practice Guidance. The local planning authority consider the adverse impacts outweigh the benefits of the proposed development.

Councillor R Munby seconded.

Councillor M Jenkinson asked the Principal Planning Officer a question in relation to CCTV poles, the Chairman of the Development Panel moved to

Page 3 further debate whilst the Principal Planning Officer reviewed the file to assist in his response to Councillor M Jenkinson.

Councillor C Armstrong moved approval as per the officer’s recommendation. Councillor J Farebrother seconded.

Councillor M Jenkinson raised concerns and advised the Chair that he was considering making a motion once he had received a response to his question.

The Chair of the Development Panel advised that he had taken the motion

Following further debate, the Chairman asked Councillor M Jenkinson whether he wanted further discussion on the matter or to make an amendment to the motions. Councillor M Jenkinson advised that he was unsure and did not raise any further issues for debate following further requests of clarification from the Chairman of the Development Panel.

A vote was taken, 6 in favour of approval as per the officer’s recommendation and 6 against. The Chairman of the Development Panel gave his casting vote in favour of approval.

The motion in favour of approval as per the officer’s recommendation was carried.

Decision: Approved

Conditions/Reasons:

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: NT12270/002 - Location plan NT12270/025 - Planting Plan ZV/WK1 - Site Layout ZV/WK/2- Panel elevations ZV/WK/3 - Fence details and security camera elevations ZV/WK/4 - Inverter station elevations ZV/WK/5 - Substation elevations ZV/WK/6 - Substation elevations NT12270/007 - Coal Mining Risk Assessment - issued October 2015 - received 9 October 2015 Reason: In order to ensure that the development is carried out in complete accordance with the approved plans and any material and non- material alterations to the scheme are properly considered.

3. The planning permission is for a period from the date of this permission until the date occurring 30 years after the date of Page 4 commissioning of the development. Written confirmation of the date of commissioning of the development shall be provided to the Local Planning Authority no later than 1 calendar month after that event. Reason: To ensure the landscape impact of the development only exists for the operational lifetime of the development.

4. Within 12 months of the expiry of this permission a Decommissioning Method Statement shall be submitted to and approved in writing by the Local Planning Authority. The site shall be decommissioned in accordance with the approved Statement. Reason: In the interests of the amenity of the area and in accordance with the provisions of Policy S19 of the Allerdale Local Plan (Part 1) adopted July 2014.

5. If the solar farm ceases to operate for a continuous period of 6 months then, unless otherwise agreed in writing by the Local Planning Authority, a scheme for the decommissioning of the site shall be submitted for the approval of the LPA within 3 months of the date of the cessation of operation. The site shall be decommissioned in accordance with the approved scheme within 12 months of the date of the approval of that scheme by the Local Planning Authority. Reason: To ensure the landscape impact of the development only exists for the operational lifetime of the development.

6. The development hereby approved shall be undertaken in accordance with the scheme of landscaping detailed on drawing number NT12270/025 - Proposed Planting Plan. All hedges and hedgerows on and immediately adjoining the site shall be protected from damage for the duration of works on the site. The approved scheme shall be fully implemented within the first planning season following the commissioning of the installation and any trees or plants which during the lifetime of the solar farm die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interests of the amenity of the area and to minimise the landscape impact of the development.

7. 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 in writing by the Local Planning Authority. The written scheme of investigation will include the following components:

a) An archaeological evaluation; b) An archaeological recording programme, the scope of which will be dependent upon the results of the evaluation. Reason: To afford reasonable opportunity (prior to the excavation/disturbance of the site and any loss/damage to any potential Page 5 important remains) for an examination to be made to determine the existence of any remains of archaeological interest within the site and for the examination and recording of such remains.

8. Where the results of the programme of archaeological work referred to in Condition 7 make it appropriate, there shall be carried out within two years of the completion of that programme on site, or within such timescale as otherwise agreed in writing by the Local Planning Authority:

a) An archaeological post-excavation assessment and analysis; b) The preparation of a site archive ready for deposition at store; c) The completion of an archive report; and d) The preparation and submission of a report of the results for publication in a suitable specialist journal. Reason: To ensure that a permanent and accessible record by the public is made of the archaeological remains that have been disturbed by the development.

9. Prior to the commencement of development the mitigation strategy set out within Section 3/Appendix 3 of the Coal Mining Risk Assessment Report shall be undertaken. 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.

10. No part of the development hereby permitted shall be commenced until details of all external materials for the substation, inverter buildings and switch room / meter room 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 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.

11. Prior to the commencement of works details of the surface water drainage works, including any attenuation measures to demonstrate that no greater run off rate than the existing greenfield site shall be submitted to and approved in writing by the Local Planning Authority. The approved drainage details shall be fully implemented in accordance with the approved scheme prior to the export of electricity from the site. Reason: To ensure a satisfactory means of surface water drainage and minimise the risk of flooding from the development in comparison to an assessment of its existing undeveloped state, in compliance with the National Planning Policy Framework, Policies S29 and S2 of the Allerdale Local Plan (Part 1), Adopted July 2014.

12. No development shall take place until a Construction and Demolition Method Page 6 Statement has been submitted to and approved in writing by the Local Planning Authority. The statement shall include the following: (a) Traffic Management Plan to include all traffic associated with the development, including site traffic, offsite parking, turning and compound areas; (b) Procedure to monitor and mitigate noise and vibration from the construction and demolition and to monitor any properties at risk of damage from vibration, as well as taking into account noise from vehicles, deliveries. All measurements should make reference to BS7445; (c) Mitigation measures to reduce adverse impacts on residential properties from construction compounds including visual impact, noise and light pollution; (d) A written procedure for dealing with complaints regarding the construction or demolition; (e) Measures to control the emissions of dust and dirt during construction and demolition; (f) Programme of work for Demolition and Construction phase; (g) Hours of working and deliveries; (h) Details of lighting to be used on site. The approved statement shall be adhered to throughout the duration of the development. Reason: In the interests of 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.

13. Prior to the commencement of development a condition survey of the public right of way shall be submitted to and approved in writing by the Local Planning Authority. The present surface and drainage condition on the public right of way shall be maintained throughout the construction period of the development and restored to the condition at the time of the approved survey. Reason: In the interests of public and highway safety and to minimise any additional damage to the public right of way during construction works, in compliance with the National Planning Policy Framework

14. Prior to the commencement of works signage shall be provided during the construction phase of the development to inform site traffic to give way to lawful bridleway users. Details of the signage and positions shall be submitted to and approved by the Local Planning Authority. The approved details shall be maintained for the construction period of the development. Reason: In the interest of highways safety.

15. There shall be no fixed lighting installed on the site without approval by the Local Planning Authority. Reason: To safeguard the amenity of nearby residential properties, in compliance with the National Planning Policy Framework and Policy S32 of the Allerdale Local Plan (Part 1), Adopted July 2014.

Page 7 16. 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.

17. Should land affected by contamination be identified under the desk top study under condition 16 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 during or post construction works arising from any possible contamination from the development to the local environment, in compliance with the National Planning Policy Framework and Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014.

18. Should a contamination remediation scheme be required under condition 17, the approved strategy shall be implemented and a verification report submitted to and approved in writing by the Local Planning Authority, prior to the development (or relevant phase of development) being brought into use. Reason: To minimise any risk during or post construction works arising from any possible contamination from the development to the local environment, in compliance with the National Planning Policy Framework and Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014.

19. In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported immediately to the Local Planning Authority. Development on the part of the site affected must be halted and a risk assessment carried out and submitted to and approved in writing by the Local Planning Authority. Where unacceptable risks are found remediation and verification schemes shall be submitted to and approved in writing by the Local Planning Authority. These shall be implemented prior to the development (or relevant phase of development) being brought into use. All works shall be undertaken in accordance with current UK guidance, particularly CLR11.

Page 8 Reason: To minimise any risk arising from any possible contamination from the development to the local environment in compliance with the National Planning Policy Framework and Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014.

20. Prior to the commencement of works details of the existing background noise levels from the rear boundary of the nearest non- financially involved noise sensitive property at Mattlyn Cottage, St Helens Lane, Flimby, CA15 8RX shall be submitted to and approved by the local planning authority. The rating noise level from the approved development shall thereafter at all times remain at least 5dB below the approved background noise level at the rear boundary of the nearest non-financially involved noise sensitive property. Reason: In the interests of the amenity of nearby residential occupiers and in accordance with Policy S19 and S32 of the Allerdale Local Plan (Part 1) adopted July 2014.

275 2/2015/0514 Land Adjacent to Station Hill, Wigton

Application: Outline planning permission for the erection of 79 dwellings including access and layout and associated infrastructure, land adjacent to Station Hill, Wigton

The Principal Planning Officer recommended approval.

The Principal Planning Officer outlined the application and detailed the main issues within the report as follows:

 Principle of development: The scale of the development proposed for this site in the Key Service Centre of Wigton is considered acceptable, forming a sustainable location and complies with the provisions of Policies S2, S3, S5 and DM16 of the Allerdale Local Plan (Part 1).

 Highways issues/access: It is considered possible to obtain a satisfactory access off Station Hill, and provide an extension of the urban highway to serve it and suitable conditions are recommended.

 Layout: The proposed layout achieves an acceptable level of density and adequate levels of both public and private amenity areas.

 Affordable housing: The applicant is agreeable to provide 20% affordable units in line with the requirements of Policy S8 of the Allerdale Local Plan (Part 1).

 Flood risk and drainage: The site is within Flood Zone 1 and is therefore at the lowest risk of flooding. It is consider that appropriate foul and surface water drainage schemes can be achieved for the site which can be controlled via Page 9 conditions. The proposal complies with policy S29 of the Allerdale Local Plan (part 1).

Members noted that 8 letters of objection had been received in addition to a 26 signature petition in objection to the application, the main grounds of which were noted in the officer’s report.

Members noted that further letters had been received from the Wigton Burial Joint Committee and town councils, set out in the list of consultations received since the preparation of the agenda and reported at the meeting.

Councillor A Davis-Johnston moved approval as per the officer’s recommendation but asked that the Principal Planning Officer meets with the objector who made representation at the meeting, Mark Clowes, and the relevant Highways Officer to discuss the conditions of the application. Councillor J Cowell seconded.

A vote was taken, 12 in favour of approval as per the officer’s recommendation.

The motion in favour of approval as per the officer’s recommendation was carried.

Decision: Approved

Conditions/Reasons:

1. Approval of details of the scale and appearance of the building(s), the layout within the individual plots and the landscaping of the site (thereafter called the 'reserved matters') shall be obtained in writing from the Local Planning Authority before the development is commenced. Reason: To enable the Local Planning Authority to assess all the details of the development.

2. The development hereby permitted shall be carried out solely in accordance with the following plans: SC STH:06 Revision A Site Location Plan SC STH:08 Site Plan 2 (amendment received 20 October 2015) Ecological Report dated 20 July 2015 Noise Assessment dated November 2013 Tree Report dated May 2015 Flood Risk Assessment and Drainage Strategy 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.

Page 10 a) The expiration of three years from the date of the grant of this permission, or b) The expiration of two years from the final approval of the 'reserved matters' or, in the case of approval on different dates, the final approval of the last such matter to be approved. Reason: In order to comply with Sections 91 and 92 of the Town and Country Planning Act 1990.

4. 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.

5. Provision shall be made in the submission of any 'reserved matters' application for a minimum of 2 off street parking spaces for each individual dwellinghouse. Reason: To ensure that a minimum standard of off-street parking provision is made for the development and in the interests of highway safety, in compliance with the National Planning Policy Framework and Policy S22 of the Allerdale Local Plan (Part 1), Adopted July 2014.

6. No development shall take place until a Construction and Demolition Method Statement has been submitted to and approved in writing by the Local Planning Authority. The statement shall include the following: (a) Traffic Management Plan to include all traffic associated with the development, including site traffic, offsite parking, turning, offices/store and compound areas; (b) Procedure to monitor and mitigate noise and vibration from the construction and demolition and to monitor any properties at risk of damage from vibration, as well as taking into account noise from vehicles, deliveries. All measurements should make reference to BS7445; (c) Mitigation measures to reduce adverse impacts on residential properties from construction compounds including visual impact, noise and light pollution; (d) A written procedure for dealing with complaints regarding the construction or demolition; (e) Measures to control the emissions of dust and dirt during construction and demolition; (f) Programme of work for Demolition and Construction phase; (g) Hours of working and deliveries; (h) Details of lighting to be used on site. Page 11 The approved statement shall be adhered to throughout the duration of the development. Reason: In the interests of safeguarding the amenity of the occupiers of neighbouring properties 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.

7. No development shall take place until full details of all mitigation measures (as recommended in the noise assessment carried out by LA Environmental Consultants, Date: November 2013, Ref: SC/SH/001) shall be submitted for approval to the Local Planning Authority. The approved scheme shall be implemented prior to the commencement of the use and be permanently maintained thereafter. Reason: In order to protect the amenity of the occupier of the dwelling in compliance with the National Planning Policy Framework and Policy S32 of the Allerdale Local Plan (Part 1), Adopted July 2014.

8. No development approved by this permission shall commence until all necessary site investigation works within the site boundary, as recommended in the Phase 1 Desktop Study (GEO Environmental Engineering, Date: 10/12/2014, Ref: 2014-1229), are carried out to establish the degree and nature of the contamination and its potential to pollute the environment or cause harm to human health. The scope of works for the site investigations should be agreed with the Local Planning Authority prior to their commencement. Reason: To minimise any risk during or post construction works arising from any possible contamination from the development to the local environment, in compliance with the National Planning Policy Framework and Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014.

9. Should land affected by contamination be identified under the desk top study under condition 8 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 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.

10. Should a contamination remediation scheme be required under condition 9, 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. Page 12 Reason: To minimise any risk during or post construction works arising from any possible contamination from the development to the local environment, in compliance with the National Planning Policy Framework and Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014.

11. In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported immediately to the Local Planning Authority. Development on the part of the site affected must be halted and a risk assessment carried out and submitted to and approved in writing by the Local Planning Authority. Where unacceptable risks are found remediation and verification schemes shall be submitted to and approved in writing by the Local Planning Authority. These shall be implemented prior to the development (or relevant phase of development) being brought into use. All works shall be undertaken in accordance with current UK guidance, particularly CLR11. Reason: To minimise any risk arising from any possible contamination from the development to the local environment in compliance with the National Planning Policy Framework and Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014.

12. Foul and Surface Water shall be drained on separate systems. Reason: To secure proper drainage and to manage the risk of flooding and pollution.

13. Prior to the commencement of any development, a surface water drainage scheme, based on 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. This must demonstrate that no flooding will occur on any part of the site for a 1 in 30 year event unless designed to do so, flooding will not occur to any building in a 1 in 100 year event plus 30% to account for climate change, and where reasonably possible flows resulting from rainfall in excess of a 1 in 100 year 6 hour rainfall event are managed in conveyance route (plans of flow routes etc). 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 standard.

The drainage scheme submitted for approval shall be in accordance with the principles set out in the planning statement proposing surface water discharging into sustainable drainage system/watercourse.

Unless otherwise agreed in writing by the Local Planning Authority, no surface water shall discharge to the public sewerage system either directly or indirectly.

Page 13 Prior to the occupation of any dwelling the drainage scheme shall be completed and the development maintained and managed in accordance with the approved details. Reason: To ensure a satisfactory means of surface water drainage and 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.

14. No building works shall commence until the bell-mouthed junction shown on the plan, with visibility splays providing clear visibility of 70 metres measured along the nearside channel lines of Station Hill, from a position 2.4 metres inset from the carriageway edge, on the centre line of the access, at a height of 1.05 metres, has been provided. 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, nor trees, bushes or other plants shall be permitted to grow so as to obstruct these visibility splays. Reason: To ensure an acceptable standard of highway access during the construction and operational use of the site, in compliance with the National Planning Policy Framework and Policy S2 of the Allerdale Local Plan (Part 1), Adopted July 2014.

15. The first reserved matters application shall include full engineering details of the carriageways and footways (including along the Station Hill frontage to link to existing provision and with ramps to the bus stop locations) drainage and lighting to adoptable standards. No work shall be commenced until a full specification has been approved and these shall be in accordance with the standards laid down in the current Cumbria Design Guide. The Station Hill footpath shall be completed prior to the occupation of the first dwelling and all other such works shall be constructed before the development is completed. Reason: To ensure a minimum standard of construction in the interests of highway safety.

16. Before site works commence, a plan shall be submitted for the prior approval of the Local Planning Authority reserving adequate land for the site offices & stores and parking and turning space for vehicles and plant engaged in the construction operations associated with the development hereby approved, and such land, including the vehicular access thereto, shall be used for and kept available for those purposes at all times until the completion of the construction works. Reason: The carrying out of the development without the provision of these facilities during construction works would likely lead to inconvenience and danger to road users.

17. 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 Page 14 has been submitted by the applicant and approved in writing by the Local Planning Authority. The written scheme of investigation 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, 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 (prior to the excavation/disturbance of the site and any loss/damage to any potential important remains) for an examination to be made to determine the existence of any remains of archaeological interest within the site and for the examination and recording of such remains.

18. No development shall take place until details of the siting of extra fire hydrants/washouts have been provided. The approved details shall be installed prior to occupation of the first dwelling. Reason: In the interest of fire safety.

19. The works shall be implemented solely in accordance with the mitigation measures outlined in the Ecological Report dated 20 July 2015. 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.

20. The hedge on the northern and western boundary of the site shall be retained in line with recommendations made in the Ecology Report dated 20 July 2015, with full details to be provided as part of the landscaping scheme at reserved matters stage. The hedges shall be retained after implementing the development and shall not be removed without the prior consent of the Local Planning Authority. Reason: In order to protect the wildlife and enhance the appearance of the development and minimise the impact of the development in the locality.

21. No part of the development hereby permitted shall be commenced until each of the trees indicated by number on the Tree Survey Schedule/Plan including the Root Protection Area as shown in Appendix 1 and 2 of the Tree Report shall be securely fenced off by a post and wire or chestnut pale fence. Within the areas so fenced off the existing ground level shall be neither raised nor lowered, and no materials or temporary buildings or surplus soil of any kind shall be placed or stored thereon. If any trenches for services are required in the fenced-off areas they shall be excavated and back- filled by hand and any tree roots encountered with a diameter of two inches or more shall be left unsevered. Page 15 Reason: In order to ensure that adequate protection is afforded to the existing trees on the site prior to any excavation/construction works on the site.

276 2/2015/0470 West Farm, Newton Arlosh, Wigton

Application: Outline application for the erection of 10 dwellings including access and scale, West Farm, Newton Arlosh, Wigton

The Principal Planning Officer recommended approval.

The Principal Planning Officer outlined the application and detailed the main issues within the report as follows:

 Principle of development: The scale of development proposed for this site in the Limited Growth Village of Newton Arlosh is considered acceptable and complies with the provisions of Policies S2, S3, S5 and DM16 of the Allerdale Local Plan (Part 1).

 Appearance, landscaping and layout: To be considered at reserved matters stage

 Access and parking: Considered to be acceptable and capable of being brought up to adoptable standards. Sufficient space for on-site parking provisions

 Affordable dwellings: The applicant has agreed that the provision of two affordable properties within the scheme is acceptable

 Ecological survey: No significant effects

 Drainage: Consider a suitable scheme can be satisfactorily achieved on land within the applicant’s control

 Scale: Two storey or single storey dwellings are considered acceptable on this site

 Residential amenity: No significant harm to nearby properties

 Archaeology: A condition for site investigations and recording can provide a satisfactory assessment of potential archaeological remains.

Members noted that 16 letters of objection had been received, the main grounds of which were noted in the officer’s report. Page 16

Councillor M Jenkinson moved approval as per the officer’s recommendation. Councillor A Davis-Johnston seconded.

A vote was taken, 12 in favour of approval as per the officer’s recommendation.

The motion in favour of approval as per the officer’s recommendation was carried.

Decision: Approved

Conditions/Reasons:

1. Before any works commence details of the layout, appearance and landscaping (hereinafter called 'reserved matters') shall be submitted to and approved by the Local Planning Authority. Reason: The application has been submitted as an outline application, in accordance with the provisions of the details of the Town and Country Planning (Development Management Procedure) Order 2015.

2. The submission of all reserved matters 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 Sections 91 and 92 of the Town and Country Planning Act 1990.

3. Provision shall be made in the submission of any 'reserved matters' application for a minimum of 2 off street parking spaces for each individual dwellinghouse. Reason: To ensure that a minimum standard of off-street parking provision is made for the development and in the interests of highway safety, in compliance with the National Planning Policy Framework and Policy S22 of the Allerdale Local Plan (Part 1), Adopted July 2014.

4. The carriageway, footways and footpaths shall be designed, 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 with the first Reserved Matters application for approval before any part of the development hereby permitted is commenced. No work shall be commenced until a full specification has been approved. These details shall be in accordance with the standards laid down in the current Cumbria Design Guide. Any works so approved shall be constructed before the development is completed.

Page 17 Reason: To ensure a minimum standard of construction within the approved development in the interests of highway safety.

5. Prior to the commencement of works details of the surface water drainage works, including any attenuation measures to demonstrate that no greater run off rate than the existing greenfield site shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be fully implemented prior to the occupation of any of the dwellinghouses hereby approved. Reason: To ensure a satisfactory means of surface water drainage and minimise the risk of flooding from the development in comparison to an assessment of its existing undeveloped state, in compliance with the National Planning Policy Framework and Policies S29 and S2 of the Allerdale Local Plan (Part 1), Adopted July 2014.

6. Prior to the commencement of works details of the foul drainage shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be fully implemented prior to the occupation of any of the dwellinghouses hereby approved. Reason: To ensure a satisfactory means of foul water drainage and minimise the risk of flooding from the development in comparison to an assessment of its existing undeveloped state, in compliance with the National Planning Policy Framework, Policies S29 and S2 of the Allerdale Local Plan (Part 1), Adopted July 2014.

7. 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.

8. 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 in writing by the Local Planning Authority. The written scheme of investigation will include the following components: a) An archaeological evaluation; b) An archaeological recording programme, the scope of which will be dependent upon the results of the evaluation. Reason: To afford reasonable opportunity (prior to the excavation/disturbance of the site and any loss/damage to any potential important remains) for an examination to be made to determine the existence of any remains of archaeological interest within the site and for the examination and recording of such remains. Page 18

9. Where the results of the programme of archaeological work referred to in Condition 8 make it appropriate, there shall be carried out within two years of the completion of that programme on site, or within such timescale as otherwise agreed in writing by the Local Planning Authority: a) An archaeological post-excavation assessment and analysis; b) The preparation of a site archive ready for deposition at a store; c) The completion of an archive report; and d) The preparation and submission of a report of the results for publication in a suitable specialist journal. Reason: To ensure that a permanent and accessible record by the public is made of the archaeological remains that have been disturbed by the development.

10. Prior to the commencement of works details of the siting and design of the proposed bat boxes to be erected within the application site shall be submitted to and approved by the Local Planning Authority. The approved details shall be fully implemented prior to the occupation of the dwellinghouse(s) hereby approved. Reason: To safeguard the habitat of bats during construction works, in compliance with the National Planning Policy Framework, Policy S35 of the Allerdale Local Plan (Part 1), Adopted July 2014 and Policy E34 of the Cumbria and Lake District Joint Structure Plan 2001-2016 (Saved).

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 site traffic, offsite 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

Page 19 vehicles, deliveries. All measurements should make reference to BS7445; (c) Mitigation measures to reduce adverse impacts on residential properties from construction compounds including visual impact, noise and light pollution; (d) A written procedure for dealing with complaints regarding the construction or demolition; (e) Measures to control the emissions of dust and dirt during construction and demolition; (f) Programme of work for Demolition and Construction phase; (g) Hours of working and deliveries; (h) Details of lighting to be used on site. The approved statement shall be adhered to throughout the duration of the development. Reason: In the interests of safeguarding the amenity of the occupiers of neighbouring properties 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.

277 2/2015/0549 The Ling, Ling Lane, Welton, Carlisle

Application: Installation of a single small scale wind turbine to generate electricity for onsite use, The Ling, Ling Lane, Welton, Carlisle

The Principal Planning Officer recommended refusal.

The Principal Planning Officer outlined the application and detailed the main issues within the report as follows:

 Principle of development: The Allerdale Local Plan (Part 1) seeks to promote the development of renewable and low carbon energy resources provided the impacts (either in isolation or cumulatively) are, or can be made acceptable.

Paragraph 93 of the NPPF sets out that the provision of renewable energy infrastructure is central to the economic, social and environmental dimensions of sustainable development.

Regard should be had to the Ministerial Statement of 18 June 2015 which states planning permission should only be granted where:  the development site is in an area identified as suitable for wind energy development in a Local or Neighbourhood Plan; and  following consultation, it can be demonstrated that the planning impacts identified by affected local communities have been fully addressed and therefore the proposal has their backing.

The Ministerial Statement 18 June 2015 makes it clear that turbine development should be in specified areas and supported by local communities. Until further work is undertaken to identify suitable areas for such turbine development in Allerdale, turbine applications submitted Page 20 post 18 June 2015 on a site outside an area identified as suitable for wind energy development in a Local or Neighbourhood Plan would be contrary to The Ministerial Statement. This application was validated on the 3 September 2015.

Noise impacts from the turbine are likely to be acceptable and upper levels can be secured through planning conditions.

 Community response: There are 11 letters/emails of objection, 1 Parish Council has objected. The local community are concerned the proposed turbine will increase turbines in the area and have an adverse landscape and visual impact and have an adverse ecological impact (bats and birds).

The proposed turbine is within 800m of residential properties but is 25m in height. Policy S19 ALP relates to turbines of over 25m in height therefore the 800m separation distance is not directly relevant.

Shadow flicker is not anticipated to affect any residential properties, although community concerns remain on this matter.

 Scale: The turbine is 25m to tip and 18.45m to hub.

 Visual, landscape and cumulative impact: Community concerns remain regarding the visual and landscape impact and cumulative impacts.

 Nature conservation: Community concerns remain regarding adverse impacts on bats and birds and notably the local barn owl population.

 Cultural heritage: No adverse impacts on the cultural heritage of the locality from the proposal.

 Operational requirements: Subject to conditions relating to construction operations the proposed development would not have an adverse impact on the highway network subject to highway conditions.

 Drainage: No flood risk is predicted but there are local concerns regarding drainage.

 Potential benefits: The proposal will make a contribution to renewable energy sources nationally. Energy produced will be used by the farm and exported as a second energy stream.

Members noted that 11 letters of objection had been received, the main grounds of which were noted in the officer’s report. Page 21

Members noted that a supporting letter had been received from the applicant, set out in the list of consultations received since the preparation of the agenda.

Councillor A Davis-Johnston moved refusal as per the officer’s recommendation. Councillor M Grainger seconded.

A vote was taken, 10 in favour of refusal as per the officer’s recommendation, 1 against and 1 abstention.

The motion in favour of refusal as per the officer’s recommendation was carried.

Decision: Refused

Reasons for Refusal:

1. Contrary to the Ministerial Statement of 18 June 2015 the proposed turbine site is not sited within a Local or Neighbourhood Plan as a designated area suitable for wind energy development.

2. Planning matters raised by the community, regarding the potential for adverse visual and local landscape character impacts, adverse cumulative landscape and visual impacts and ecological impacts on protected species, have not been overcome to alleviate local community concerns, in order to enable community support of the scheme. The proposal is therefore considered contrary to The Ministerial Statement of 18 June 2015 and Policies S19, S32, S33 and S35 Allerdale Local Plan (Part 1) adopted July 2014 and the advice contained within the National Planning Policy Framework 2012 and Planning Practice Guidance for Renewable and Low Carbon Energy 2015.

278 2/2014/0596 Land South of Great Clifton, Off Moor Road, Between A66 and A595, Great Clifton, Workington

Application: Proposed single wind turbine hub height 55.6m and tip height 79.6m, 2 no. metering units, turbine assembly area, crane area and access track, land south of Great Clifton, off Moor Road, between A66 and A595, Great Clifton, Workington

The Head of Development Services recommended refusal.

The Head of Development Services outlined the application and detailed the main issues within the report as follows:

Page 22 Paragraph 93 of the NPPF sets out that the provision of renewable energy infrastructure is central to the economic, social and environmental dimensions of sustainable development.

Regard should be made to the Ministerial Statement of 18 June 2015 which states that planning permission should only be granted where:  The development site is in an area identified as suitable for wind energy development in a Local or Neighbourhood Plan; and  Following consultation, it can be demonstrated that the planning impacts identified by affected local communities have been fully addressed and therefore the proposal has their backing.

The Ministerial Statement 18 June 2015 makes it clear that turbine development should be in specified areas and supported by local communities. Until further work is undertaken to identify suitable areas for such turbine development in Allerdale, turbine applications submitted post 18 June 2015 on a site outside an area identified as suitable for wind energy development in a Local or Neighbourhood Plan would be contrary to the 18 June 2015 Ministerial Statement. This application was, however, received prior to this Ministerial Statement on 18th August 2014.

 Community response: The application has 7 letters of objection from local residents. There are also letters of objection from the nearest Parish Council, Little Clifton, Great Clifton and Winscales.

 Visual and landscape and cumulative impact: The proposed turbine will increase the number of existing turbines in the area and is considered to have a significant adverse visual impact on users of local roads and the surrounding area.

By virtue of the scale and siting of the proposed turbine. Officers consider that there is likely to be a significant adverse visual and landscape impact on users of local roads and footpaths.

There are also cumulative visual effects with other windfarm sites, particularly with the adjacent Winscales site.

 Residential amenity: The proposed turbine is within 800m of a number of residential properties. The proposal is likely to have an adverse impact on the amenity of the residents of these properties, and there is no evidence of support from the local community for a separation distance of less than 800m in this case.

Shadow flicker is not anticipated to affect any residential properties.

 Noise: Noise impacts from the turbine are likely to be acceptable and upper levels can be secured through planning conditions.

Page 23  Heritage: The proposal will not have a significant adverse impact on any designated heritage assets or nature conservation interests.

 Operational requirements: Subject to conditions relating to construction operations, the proposed development would not have an adverse impact on the highway network.

 Nature conservation: The impacts on nature conservation interests including bats and birds are not considered to be significant. However, local community representations consider that there could be an adverse impact.

 Hydrology and drainage: Flood risk and/or contamination of water are not anticipated to increase as a result of the development.

 Aviation interference: The applicant is currently unable to satisfy the requirements of NATS, a statutory consultee, in respect of air navigational radar.

 Potential benefits: The proposal will make a contribution to renewable energy sources nationally. Energy produced would be used by the farm and exported.

Members noted that 7 letters of objection had been received, the main grounds of which were noted in the officer’s report.

Members noted that further clarification had been requested from Environmental Protection with regard to the issue of noise, set out in the list of consultations received since the preparation of the agenda. The Head of Development Services recommended the following reason for refusal in addition to the existing reasons for refusal in response to the comments received from Environmental Protection:

The Local Planning Authority considers insufficient evidence has been submitted to demonstrate that the proposal would cause an unacceptable cumulative noise disturbance to the amenity of residential properties in the locality of the site. The proposal is therefore considered contrary to policies S19 and S32 of the Allerdale Local Plan (Part 1) adopted July 2014 and the advice contained within the National Planning Policy Framework 2012, the Planning Practice Guidance Renewable and Low Carbon Energy (June 2015) and the Ministerial Statement dated April 2014 and June 2015.

An additional letter of objection had also been received which was set out in the list of consultations. This was noted by Members.

Councillor A Davis-Johnston moved refusal as per the reasons for refusal set out in the officer’s report and the additional reason for refusal recommended in response to the comments received from Environmental Protection. Councillor J Osborn seconded.

Page 24 A vote was taken, 12 in favour of refusal as per the reasons for refusal set out in the officer’s report and the additional reason for refusal recommended in response to the comments received from Environmental Protection.

The motion in favour of refusal as per the reasons for refusal set out in the officer’s report and the additional reason for refusal recommended in response to the comments received from Environmental Protection was carried.

Decision: Refused

Reasons for Refusal:

1. Planning matters raised by the community, regarding the potential for adverse visual and local landscape character impacts, adverse cumulative landscape and visual impacts and ecological impacts on protected species, have not been overcome to alleviate local community concerns in order to enable community support of the scheme. The proposal is therefore considered contrary to The Ministerial Statement of 18 June 2015 and Planning Practice Guidance for Renewable and Low Carbon Energy 2015.

2. By virtue of the scale and siting of the proposed turbine there is likely to be a significant adverse visual and landscape impact on users of local roads and footpaths contrary to policies S1, S32, S33 and S35 of the Allerdale Local Plan (Part 1) adopted July 2014 and the advice contained within the National Planning Policy Framework 2012 and Planning Practice Guidance for Renewable and Low Carbon Energy 2015 and The Ministerial Statement of 18 June 2015

3. The proposed turbine, by virtue of its siting, scale and proximity to other turbine development would increase the proliferation of turbines in the area resulting in a significantly harmful impact on the landscape and visual amenity of the area and a significantly harmful effect on the amenity of the occupiers of residential properties in the area. The proposal is therefore considered contrary to policies S19, S32 and S33 of the Allerdale Local Plan (Part 1) adopted July 2014, and the advice contained within the National Planning Policy Framework and Planning Practice Guidance for Renewable and Low Carbon Energy.

4. In the absence of evidence to the contrary, the Local Planning Authority consider that insufficient evidence has been submitted to demonstrate that the proposed development safeguards and secures radar coverage to the detriment of air safety.

5. The Local Planning Authority considers insufficient evidence has been submitted to demonstrate that the proposal would cause an unacceptable cumulative noise disturbance to the amenity of residential properties in the locality of the site. The proposal is therefore considered contrary to policies S19 and S32 of the Allerdale Local Plan (Part 1) adopted July 2014 and the advice contained within the National Planning Policy Framework 2012, the Planning Practice Guidance Renewable and Page 25 Low Carbon Energy (June 2015) and the Ministerial Statement dated April 2014 and June 2015.

279 2/2015/0533 20 Laithwaite Close, Cockermouth

Application: Outline application for the erection of single dwelling/bungalow, 20 Laithwaite Close, Cockermouth

The Head of Development Services recommended approval.

The Head of Development Services outlined the application and detailed the main issues within the report as follows:

 Principal: Cockermouth is defined as Key Service Centre in the Allerdale Local Plan (Part 1) adopted July 2014. Housing development within Cockermouth settlement is generally supported subject to other policies within the ALP. The site is considered to be within a sustainable location with good accessibility to a range of services and facilities.

 Access: The vehicular access is off a residential street known as Laithwaite Close and a private driveway that currently serves 4 other dwellings. The access arrangements are considered to be acceptable by Cumbria highways subject to planning conditions.

 Trees: A large tree is within the site a horn beam. The root protection area of this tree can be secured by planning condition.

 Drainage: Foul drainage will be to mains and surface water discharged to a nearby culvert. A sustainable urban drainage scheme can be secured by planning condition.

 Indicative layout: This is an outline application but the indicative site block plan shows that a 3 bedroom bungalow (single storey), with attached garage and parking can be satisfactorily accommodated within the site. A single storey development can be secured by planning condition and this would alleviate neighbour concerns regarding overlooking, scale, massing and overshadowing. The indicative layout also shows a development outside the root protection area of the horn beam tree.

Members noted that 3 letters of objection had been received, the main grounds of which were noted in the officer’s report.

Members noted that an additional letter of objection had been received, set out in the list of consultations received since the preparation of the agenda.

Page 26 Councillor C Armstrong moved approval as per the officer’s recommendation. Councillor N Cockburn seconded.

A vote was taken, 10 in favour of approval as per the officer’s recommendation.

The motion in favour of approval as per the officer’s recommendation was carried.

Decision: Approved

Conditions:

1. Approval of details of the appearance of the building and the layout and landscaping of the site (thereafter called the 'reserved matters') shall be obtained in writing from the Local Planning Authority before the development is commenced. Reason: To enable the Local Planning Authority to assess all the details of the development.

2. The development hereby permitted shall be carried out in accordance with the following plans: 4180-01-Rev B - Location plan 4180-03-Rev B - Site plan received 29 September 2015 4180-04 received 19 October 2015 Reason: In order to ensure that the development is carried out in complete accordance with the approved plans and any material and non- material alterations to the scheme are properly considered.

3. The 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 Sections 91 and 92 of the Town and Country Planning Act 1990.

4. Any application for 'reserved matters' of layout shall include plans showing the following: a) Cross sections through the site showing levels of neighbouring properties; b) Details of existing and proposed ground levels; c) Proposed finished floor level and roof ridge of building; d) Levels of any paths, drives, garage 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.

Page 27 5. The details required by the 'reserved matters' details shall relate to the development of a single storey dwelling. Reason: It is considered this is the most appropriate form of development in this location taking into account the site conditions/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.

6. Details of the provisions of a vehicle turning space within the site which enables vehicles to access and egress from the site onto the highway in forward gear shall be submitted within any 'reserved matters' application to the Local Planning Authority for approval. The development shall not be brought into use until any such details have been approved and the turning space fully implemented. The turning space shall thereafter be retained at all times and shall not be used for any other purpose. Reason: To ensure that the provision is made for off street vehicle turning space to enable access and egress from the site in forward gear in the interests of highway safety both during the construction works and following the completion of the development.

7. The reserved matters application for the development shall incorporate the provision and the retention within the curtilage of the dwelling for a garage or a space for a garage or a parking space and that such a facility shall be fully implemented and made available thereafter commensurate with the development prior to the use of the respective building which the parking space(s) serves. Reason: In the interests of highway safety and ensure satisfactory parking facilities for the future occupiers of the dwellings.

8. No development approved by this permission shall commence until a desktop study has been submitted to and approved by the Local Planning Authority. Should the preliminary risk assessment identify any potential contamination which may affect human health, controlled waters or the wider environment, all necessary site investigation works within the site boundary must be carried out to establish the degree and nature of the contamination and its potential to pollute the environment or cause harm to human health. The scope of works for the site investigations should be agreed with the Local Planning Authority prior to their commencement. Reason: To minimise any risk during or post construction works arising from any possible contamination from the development to the local environment, in compliance with the National Planning Policy Framework and Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014.

9. Should land affected by contamination be identified under the desk top study under condition 8 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 Page 28 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.

10. Should a contamination remediation scheme be required under condition 9, 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.

12. Only foul drainage shall be connected to the public sewer. 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 S2 of the Allerdale Local Plan (Part 1), Adopted July 2014.

13. Prior to the commencement of works, details of the surface water drainage works, including any attenuation measures to demonstrate that no greater run off rate than the existing green field site shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be fully implemented prior to the occupation of the dwelling house hereby approved. Reason: To ensure a satisfactory means of surface water drainage and minimise the risk of flooding from the development in comparison to an assessment of its existing undeveloped state, in compliance with the

Page 29 National Planning Policy Framework and Policies S29 and S2 of the Allerdale Local Plan (Part 1), Adopted July 2014.

14. No part of the development hereby permitted shall be commenced until the horn beam tree as shown on Site Block plan 4180 03 B accompanying this Decision Notice shall be securely fenced off by a post and wire or chestnut pale fence erected in a circle round each tree at a radius from the bole of 3.05 metres or to coincide with the extremity of the canopy of the tree, whichever is the greater. Within the areas so fenced off the existing ground level shall be neither raised nor lowered, and no materials or temporary buildings or surplus soil of any kind shall be placed or stored thereon. If any trenches for services are required in the fenced-off areas they shall be excavated and back-filled by hand and any tree roots encountered with a diameter of two inches or more shall be left unsevered. Reason: In order to ensure that adequate protection is afforded to the existing trees on the site prior to any excavation/construction works on the site.

15. The horn beam tree as shown on drawing number Site Block Plan 4180 03 B accompanying the Decision Notice shall not be lopped, topped or felled without prior written consent of the Local Planning Authority. Reason: In order to ensure that adequate protection is afforded to the existing horn beam tree on the site.

The meeting closed at 4.00 pm

Page 30 At a meeting of the Development Panel held in Council Chamber, Allerdale House on Tuesday 19 January 2016 at 1.00 pm

Members

P Bales (Chairman)

C M Armstrong C M Jackson N Cockburn B Miskelly A Davis-Johnston R Munby J Farebrother J Osborn M Grainger B Pegram

An apology for absence was received from Councillor M Jenkinson

Staff Present

B Carlin, C Chambers, D Devine, K Kerrigan, S Sewell and L Tomlinson

Public Participation

Planning application 2/2015/0628:

Patricia Fallows spoke in objection to the application. Andrew Collard spoke in objection to the application. Alan Rule spoke in objection to the application on behalf of Sebergham Parish Council. Paul Bailey of T. J. Coates Ltd. spoke in support as the agent for the application.

300 Declaration of Interests

None declared.

301 Questions

None received.

302 2/2015/0655 Replace an existing infilled gap between Derwent Street and Woodville Park, Former Highways Depot, Sullart Street, Cockermouth, CA13 0DZ

The Panel was informed that planning application 2/2015/0655 had been withdrawn.

303 2/2015/0656 Replace an existing infilled gap between New Street and Woodville Park, Former Gas Holder Site, New Street, Cockermouth, CA13 0DZ

The Panel was informed that planning application 2/2015/0656 had been withdrawn. Page 31

304 2/2015/0628 Installation of a medium scale wind turbine 50m hub/54m Rotor/77m tip, Roundhill Farm, Welton, CA5 7HH

Application: Installation of a medium scale wind turbine 50m hub/54m Rotor/77m tip (resubmission of 2/2015/0026), Roundhill Farm, Welton, Carlisle

The Senior Planning Officer recommended refusal.

The Senior Planning Officer outlined the application and detailed the main issues within the report as follows:

Paragraph 93 of the NPPF makes clear that the provision of renewable energy infrastructure is central to the economic, social and environmental dimensions of sustainable development.

Regard should be made to the Ministerial Statement of 18 June 2015 which states planning permission should only be granted where:

 the development site is in an area identified as suitable for wind energy development in a Local or Neighbourhood Plan; and  following consultation, it can be demonstrated that the planning impacts identified by affected local communities have been fully addressed and therefore the proposal has their backing.

The Ministerial Statement 18 June 2015 makes it clear that turbine development should be in specified areas and supported by local communities. Until further work is undertaken to identify suitable areas for such turbine development in Allerdale, turbine applications submitted post 18 June 2015 on a site outside an area identified as suitable for wind energy development in a Local or Neighbourhood Plan would be contrary to the Ministerial Statement.

 Community response: There have been 74 letters/emails of objection, 4 Parish Councils have objected and a local MP has reiterated the lack of community support.

 Visual and landscape and cumulative impact: By virtue of the scale and siting of the proposed turbine, officers consider that there is likely to be an adverse visual and landscape impact.

There are some cumulative visual effects in sequence, combination or in succession with other wind farm sites. Overall, the potential for cumulative effect was found to be “not significant‟, due to distance between other turbine developments and screening from local topography and vegetation. Page 32

 Shadow flicker: Shadow flicker is not anticipated to affect any residential properties.

 Noise: Noise impacts from the turbine have not been satisfactorily addressed within the application.

 Nature conservation: The impacts on nature conservation interests including bats and birds are not considered to be significant.

 Residential amenity: The proposed turbine is not within the 800m of residential properties. Although the proposal will not have a significant effect on residential amenity the proposal will nevertheless result in noticeable changes in views from a number of residential properties. There is little evidence of support from the local community

 Heritage: No significant harm identified.

 Benefits: The proposal will make a small contribution to renewable energy deployment nationally. The benefits of the development are not considered to outweigh the harm of the proposal.

The Senior Planning Officer informed Members that the applicant had submitted an amended noise assessment to reflect a 900kw turbine and that the assessment had been reviewed by the Council’s Environmental Health department. The department had no objections to the amended noise assessment, subject to the following conditions being attached to any consent granted to the planning application:

a. Noise from the turbine shall not exceed an LA90, 10min of 35dB(A) up to wind speeds of 10m/s at 10m in height when measured 3.5m from the façade of the nearest noise sensitive receptor, namely ‘Hazel Gill, Welton, CA5 7HJ’ (in existence at the date of this permission).

b. Noise from the turbine shall not exceed an LA90, 10min of 45dB(A) up to wind speeds of 10m/s at 10m in height when measured 3.5m from the façade of the nearest financially involved noise sensitive receptor, namely ‘Roundhill, Welton, CA5 7HH’ (in existence at the date of this permission).

A second condition would also be required detailing action to be taken by the operator in the event of a justified complaint.

Following the findings of the Environmental Health department, the Senior Planning Officer recommended that reason 4 be removed from the list of reasons for refusal set out in the report and that the planning application be refused on the grounds set out in reasons for refusal 1, 2 and 3. Page 33

Members noted that 74 letters of objection had been received including objections from FORCE and Cumbria Tourism. The main grounds of the objections were noted in the officer’s report.

Councillor A Davis-Johnston moved refusal on the grounds of reasons 1, 2 and 3 of the reasons for refusal set out in the officer’s report. Councillor R Munby seconded.

A vote was taken, 11 in favour of refusal on the grounds of reasons 1, 2 and 3 of the reasons for refusal set out in the officer’s report.

The motion in favour of refusal on the grounds of reasons 1, 2 and 3 of the reasons for refusal set out in the officer’s report was carried.

Decision: Refused

Reasons for Refusal:

1. Contrary to the Ministerial Statement of 18 June 2015 the proposed turbine site is not sited within a Local or Neighbourhood Plan as a designated area suitable for wind energy development.

2. Planning matters raised by the community, regarding the effects on tourism, potential for noise impacts and the adverse visual and local landscape character impacts have not been overcome to alleviate local community concerns, in order to enable community support of the scheme. The proposal is therefore considered contrary to the Planning Practice Guidance 2015 and Ministerial Statement of 18 June 2015 and Policies S19, S32, S33 of the Allerdale Local Plan (Part 1) adopted July 2014 and the advice contained within the National Planning Policy Framework 2012 and Planning Practice Guidance for Renewable and Low Carbon Energy 2015.

3. The proposed turbine, by reason of its siting, scale and elevated location on an exposed hillside, is considered to represent a harmful intrusion into the wider landscape, the development would be a prominent and incongruous feature within the landscape, and would increase the proliferation of turbines in the area, resulting in a significantly harmful impact on the landscape and visual amenities of the locality. The proposal is therefore considered contrary to policies S19, S32 and S33 of the Allerdale Local Plan (Part 1) adopted July 2014 and the advice contained within the National Planning Policy Framework and Planning Practice Guidance for Renewable and Low Carbon Energy 2015 and The Ministerial Statement of 18 June 2015.

The meeting closed at 1.35 pm

Page 34 Agenda Item 5

Allerdale Borough Council Planning Application 2/2015/0502

Proposed Proposed change of use of land to 15 lodges with office, shop, Development: toilet, store, refuse, recycling area, parking and attenuation pond (resubmission) Location: Cumberland Lodge Winscales Workington Recommendation: Approve

Summary/Key Issues

Issue Conclusion

Principle of lodge Policy S14 ALP (Part 1) adopted July 2014 seeks to encourage development in rural economic growth in settlements identified in the hierarchy, open countryside whilst restricting new development in the open countryside to that which has an essential and/or locational need. Policy S17 states that new visitor accommodation will be supported in the Principal, Key and Local Service Centres. Tourism accommodation in the open countryside will only be supported where it forms part of a farm diversification scheme or constitutes an extension to, or upgrade of, an existing facility. The adjacent livery business is currently not operating. The applicant advises that the lodge development is required to provide tourist accommodation in the locality and to support the revival of the vacant livery buildings. The concept being that some tourists will use the lodge and livery complex and the development will support the wider tourism industry, local businesses and provide employment for 4-6 full time people and 3 part time workers. Design, Layout The lodges will provide unique, eco-friendly luxury family and and Materials group accommodation, with a timber external cladding. The lodges will be integrated into the landscape as a low density, highly landscaped scheme. The scheme will encourage visitors to engage in outdoor recreation and will support horse riders, cyclists and walkers. The service buildings would be single story and would include a reception office, store buildings and toilets and refuse facility. Highways There are no objections from the Highways Agency or Cumbria Highways and matters relating to the access and parking could be secured by planning condition. Internal roads will be of compacted stone and will be self-draining. There is a 30 minute bus service within 500m which provides access to local towns. Ecology Mitigation relating to birds and can be secured by planning condition.

Page 35 Appeal decisions A previous appeal decision has dismissed a caravan and chalet development at the site for 100 units. APP/G0908/A/2090137 . This current application relates to 15 lodges.

Drainage The development will be connected to the main sewer and surface water will be discharged via a sustainable urban drainage scheme (SUDS) to an attenuation pond. The outflow will be restricted to existing run off levels to a local water course. Foul water from the lodges and service buildings will flow to a pumping station and be pumped to the main sewerage system.

Proposal

The application is for the change of use of the land and to provide 15 lodges with shop, store, toilet, recycling area, parking and attenuation pond. Parking for 38 cars will be provided.

The lodges are „Windsor‟ lodges that have a floor area of 80 m2 and are single storey. External materials comprise of grey roof tiles, timber cladding to walls, facing brick plinth and upvc windows.

The service buildings will be single storey with a dry dash external finish with a tiled pitched roof with white upvc windows and doors and would provide a reception office/ shop/ store, toilets and a refuse facility.

The development will be connected to the main sewer and surface water will be discharged via a sustainable urban drainage scheme (SUDS) to an attenuation pond. The outflow will be restricted to existing run off levels to a local water course. Foul water from the lodges and service buildings will flow to a pumping station and pumped to the main sewerage system.

The proposed lodge complex would generate jobs and the self-catering holiday makers would make some use of local shops and restaurants.

Site

The site is 1.9 hectares and is accessed off the A595 that borders the site to the north west and there is existing screening via trees and vegetation from the A595. The site currently comprises of close grazed pasture. Within the site the 15 lodges would be served by a compacted stone finished road. The land has previously been used for agricultural purposes but the site also benefits from an extant consent for a hotel.

Adjacent to the site to the south east is an existing but currently vacant stable complex which is accessed by an unsurfaced road and the road is bounded to the north side by an existing hedge. The land towards Cumberland Lodge slopes down gently from the main road before rising beyond the stables to a high point just east of the house. The land then falls more steeply into the valley which lies beyond the site to the south west.

Page 36 From the west the site is screened by the existing roadside tree cover of the A595. The ground rises to the west beyond the A595 and Winscales. From the east, Cumberland Lodge occupies a relatively high point near the main road. From the south there are no close views other than from Gale House. Cumberland Lodge and the extensive stable complex are distinctive and prominent features in the landscape.

The site is within a relatively isolated rural position. There is a cycleway adjacent to the site entrance and a public right of way which could encourage cycling and walking from the site. The nearest bus stop is approximately 500m away.

Policy Context

The National Planning Policy Framework includes the following relevant chapters: 1. Building a strong, competitive economy 2. Supporting a prosperous rural economy 4. Promoting sustainable transport 7. Requiring good design 11. Conserving and enhancing the natural environment

The adopted Allerdale Local Plan (Part 1 ) includes the following planning policies which are material planning considerations:

Policy S1 - Policy Presumption in Favour of Sustainable Development Policy S2 - Sustainable Development Principles Policy S4 - Design Principles Policy S14 - Rural Economy Policy S17-Tourism, Coastal and Countryside Recreation Policy S22 - Transport Principles Policy S29 - Flood Risk and Surface Water Drainage Policy S32 - Safeguarding Amenity Policy S33 -Landscape Policy S35 - Protecting and Enhancing Biodiversity and Geology Policy DM14 - Standards of Good Design PolicyDM17 -Trees, Hedgerow and Woodland

Relevant Planning History

The application site and the adjacent land/buildings have a complex planning background. The chronological planning history of the site is as follows:

2/1997/0895 Stables (28 ) and trainers flat, approved

2/1999/0475 Outline application for a dwelling, approved

2/2000/0038 Outline application for a proposed hotel and horse racing stables development including Manager‟s house and accommodation for stable hands, approved 12 May 2000.

2/2002/0712 Erection of horse racing stables, detached manager‟s dwelling and gallops,

Page 37 approved 28 November 2002.

2/2003/0832 - Proposed stables, gallops and manager‟s dwelling, (re-submission), approved 29 August 2003.

The stable complex as been completed and the main detached house known as Cumberland Lodge.

2/2003/0857 - Variation of condition 3 of approval 2/2000/0038 to extend time limit for submission of reserved matters for the hotel complex only, approved 19 November 2003.

2/2006/1240 - Erection of hotel, approved 1 March 2007. Reserved matters approved. The only construction works relate to the access and there is an extant consent.

2/2008/0098 - Change of use of an approved hotel site to caravan site (100 caravans) refused. Due to the site being considered as non-essential and prominent development in open countryside to the detriment of the visual amenity and its locality and due to the large scale and isolated position of the caravan park it was an unsustainable form of development and there would be a detrimental impact on residential amenity. This decision was appealed and the Inspector at the time of the Appeal APP/G0908/A/2090137 set out that the main issues related to: the effect of the development on the character and appearance of the area; whether the proposal would constitute an unsustainable form of development; and the effect of the proposal on the living conditions of residents in the locality of the site. The Inspector was not persuaded that the ambitious hotel and leisure complex could be realistically regarded as a fall-back position. In 2008, the applicant had confirmed to the Planning Inspectorate that the hotel development was too costly and that the diversification to a caravan park was a more achievable project. The Inspector expressed concern regarding the adverse visual impact of the development of the 100 caravans, the external lighting and associated parking and the dependence on cars of holiday makers. The Inspector was not unduly concerned about the impact on the living conditions of local residents.

2/2009/0011 - Change of use of a lawful hotel site to erect 49 lodges and associated works refused, 13 March 2009. Refused due to the scheme being non-essential development in countryside, an unsustainable form of development and a detrimental impact on residential amenity of other residents in locality.

2/2011/0362 - Variation of condition 1 on planning approval 2/2003/0832 for the removal of occupancy condition insofar as it relates to the Manager's dwelling. Refused 12 August 2011.

2/2012/0451 -Variation of condition 1 of planning approval 2/2003/0832 to remove the occupancy restriction relating to the Manager's house (the detached dwelling). Refused 18 October 2012

2/2012/0575 - Change of use of stable block to holiday lets. Phase 1 four units. Approved 13 March 2013

2/2013/0390 – Resubmission of application for the removal of condition 1 on 2/2003/0832 regarding the removal of the occupancy condition on the Managers house (detached

Page 38 dwelling)-including additional supporting evidence-. Approved.

The Council is presently investigating a complaint relating to the potential breach of occupancy of the holiday units which is being assessed as a separate matter.

Representations

Winscales Parish Council - Concern with regard to increase on traffic flow on and off the A595 on an already busy and fast road.

Access Officer - No objections

Natural England - No objections

Highways Agency - No objections

Cumbria Highways - No objection subject to planning conditions (advisory)

Local Lead Flood Authority - No objections subject to surface water planning condition.

Coal Authority - No objections

United Utilities - No objections see 2/2015/0203

The application has been advertised on site, within the local press and adjoining owners have been notified. No representations have been received.

Assessment

Principal of Tourism Development

There a 3 dimensions of sustainable development: economic, social and environmental. These roles should not be undertaken in assessing schemes in isolation because they are mutually dependent.

With regard to building a strong competitive community the NPPF sets out in para. 18 that the government is committed to securing economic growth to create jobs and prosperity and supporting sustainable economic growth.

The NPPF in the chapter 3. “Supporting a prosperous rural economy” , sets out planning policies should support economic growth in rural areas in order to create jobs and prosperity by taking a positive approach to sustainable new development and notably to promote the development and diversification of agricultural and other land-based rural businesses.

The NPPF also advises support to sustainable rural tourism and leisure developments that benefit businesses in rural areas, communities and visitors and which respect the character of the countryside. This includes support for the provision and expansion of tourist and visitor facilities in appropriate locations where identified needs are not met by existing facilities in rural service centres.

Page 39

The application is for an extension to a rural business outside a settlement to provide lodge accommodation, the scheme is for 15 lodges with service buildings to include a site shop, store, toilets, reception area and access and parking arrangements.

The key policies within the Allerdale Local Plan (Part 1) are Policy S14 Rural Economy and S17 Tourism, Coastal and Countryside Recreation. Policy S14 sets out that „Creating sustainable rural communities is a key objective of the Local Plan. A careful balance needs to be achieved in supporting and promoting proposals that assist the economic sustainability of communities, whilst protecting and enhancing the environment‟.

The Council is committed to supporting economic prosperity and sustainability of rural communities by enabling appropriately scaled economic development. New businesses in rural area in the open countryside and new development will only be permitted where the proposal involves the appropriate re-use of rural buildings or has a locational Requirement (such as equestrian development).

Policy S14 Part (d) establishes the Council is committed to supporting economic prosperity and sustainability of rural communities by enabling appropriately scaled economic development and has a locational requirement such as equestrian development.

The adjacent site is an equestrian development and although the lodges will not be associated directly with the livery stable, given the leisure facilities are sited in close proximity, this will bring mutual benefits in terms of tourism opportunities. The existing livery stable also has various areas for walking and riding.

The livery stable at Cumberland Lodge is currently vacant and part of the livery stable has previously been converted to separate dwellings and holiday accommodation (2/2012/0575). The applicant regards the proposed lodge development as a means to support the rural economy including the adjacent livery business and holiday accommodation.

Expansion of existing businesses will be supported outside of the settlement hierarchy where it can be demonstrated that it is an established business and it is not viable to relocate within the settlement hierarchy and proposals reuse existing buildings wherever possible. Proposals which seek to expand the business outside of the existing curtilage must demonstrate that it is essential to the needs of the business and that involve any new buildings or extensions must be of an appropriate scale and nature to their location. In all cases development should not have an adverse effect on nature conservation features. Officers consider that the scale of the development of 15 lodges is modest and complements the existing livery facilities and holiday let accommodation at the complex.

Policy S17 ALP relates to tourism and countryside recreation, whereby the Council will seek to promote and diversify the tourism economy whilst prioritising the conservation and protection of sensitive landscapes, habitats, species and biodiversity.

Proposals for new tourism attractions and facilities will be expected to be located sequentially in Principal, Key and Local Service centres and then Rural Villages and other locations where the attraction has a locational dependence.

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The new tourism development should be of an appropriate design and scale in keeping with the rural character of the area. The development should not result in a significant adverse effect (either directly or indirectly) or the countryside landscape. Support will be given to measures which would relieve tourist pressures on the most sensitive areas of the Borough and which would protect vulnerable habitats, biodiversity, landscapes and historical assets.

Part (d) of Policy S17 sets out that tourism accommodation will be supported where it forms an extension of an existing hotel or guest house and will enhance or maintain the viability of the business. The lodges, albeit by a separate applicant to the owner, will be sited to complement the approved holiday let accommodation/stable facilities at Cumberland Lodge.

Tourism accommodation will be supported in countryside locations where it has no significantly harmful impact in terms of landscape quality or ecological/ biodiversity value and is of appropriate scale and design and it forms part of a farm diversification scheme, extends hotel or guest accommodation, extends or realigns or relocates existing camping or caravan sites to a less sensitive location or is part of an upgrade scheme to an existing holiday park or camping/ caravan site. Proposals which fall outside these criteria will be refused.

Although planning applications for caravan/chalet development has previously been refused under the policies of the previous local plan this scheme should be considered on its particular merits with regard to the provisions of the adopted Allerdale Local Plan (Part 1) 2014 and the National Planning Policy Framework 2012. i.e these constitute a material change of circumstances since the former refusal decisions.

It is considered the proposed smaller number of lodges (15) will be appropriately designed in terms of external finishes and sensitively sited within the landscape and are of a low density with the potential for further landscaping to address the previous concerns relating to 100 caravans raised by the Planning Inspectorate at planning appeal APP/G0908/A/2090137 (2/2008/0098) and the previous officer concerns relating to a scheme of 49 chalets as refused under (2/2009/0011) which addressed the visual, residential and landscape impact on the immediate locality and the existing buildings at Cumberland Lodge.

The current scheme of 15 timber clad lodges is carefully weighed against the relatively isolated position of the site in terms of settlements and the reliance on private transport to get to it and explore the surrounding area from it, versus the on-site benefits; to include being directly adjacent in land use terms to an approved and implemented livery stable and all its associated facilities along with the approved holiday accommodation within the Cumberland Lodge complex with an opportunity for mutual employment and tourism opportunities provided. Taken into account is the acknowledgement that site also has an extant planning consent for a hotel and it could be agreed through a planning obligation that this permission would not be implemented should the proposal for 15 lodges be considered satisfactory. Whilst the Inspector at the time of the appeal decision gave little weight to the hotel approval given the lack of progression in the intervening period and the uncertainty in relation to the delivery of the scheme it could nevertheless still be implemented this scheme for 15 lodges has a much lower development density than

Page 41 previously rejected caravan and chalet schemes and therefore the proposed scheme has an opportunity to being more sensitively integrated into the landscape and environment due to the lower numbers of accommodation units and visitors using private transport.

Ecology

The site lies within the „West Cumbria Hen Harrier Wintering area‟ which is a discrete area of West Cumbria used by internationally important numbers of wintering hen harrier. This area supports the 3rd biggest roost complex of Hen Harrier in northern England and is consequently vulnerable to change. The site is considered to be of negligible value to Hen Harrier as it is too exposed and disturbed to be of any value for roosting Hen Harrier and therefore hunting opportunities are limited.

Natural England do not object to the development and advise the scheme is not likely to result in significant impacts on statutory designated nature conservation sites or landscapes. The scheme is therefore favourably considered against Policy 35 ALP which seeks to protect and enhance biodiversity.

Landscape

The caravans are to some extent screened from the A595 by an existing band of trees, although the lodges would be visible from the west in the vicinity of adjacent public house car park areas. The assimilation in the landscape is considered to be acceptable due to the lower density of the lodges and further landscaping can be secured by planning condition. Policy S33 ALP addresses the landscape and that the landscape character and local distinctiveness shall be protected, conserved and enhanced. Due to the lower density of the development, the timber external materials and landscaping provision the scheme is not considered to be contrary to Policy S33 ALP.

Amenity of Neighbours

Previous caravan/ chalet development was refused due to concern over the visual amenity of nearby properties and the effect of traffic in the nearby hamlet of Winscales. There are very few properties in the vicinity of the site with the nearest properties being “Oily”s public house and Gale House. It is noted with regard to this lower density of development that there are no objections from nearby residents.

Highways, Access and Parking

There are no objections from Cumbria Highways or the Highways Agency regarding the access arrangements and parking subject to planning conditions. There have been no objections regarding an increase in traffic movements from local residents however the Parish Council objects to the scheme due to concerns over an increase in traffic onto the A595. Due to the modest scale of the development Officers do not consider the increase in vehicle movements to be unacceptable.

Coal Mining

There are no objections from the Coal Authority following the submission of a Coal Mining Risk Assessment report.

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Foul and Surface water disposal

The proposed arrangements for foul water to the mains are considered to be acceptable and can be secured by planning condition. Surface water will be disposed to an attenuation pond and will be disposed to an existing land drain to the south west of the site to current flow levels. Although historically there have been concerns with regard to local flooding, the Local Lead Flood Authority have no objections to the surface water arrangements in principle, subject to the submission of further technical details of the attenuation pond and surface water disposal arrangements to be secured by planning condition. Surface water may also be used as drinking water for the adjacent stable (26 horses). The site is in flood zone 1 and is therefore considered to be of a low risk of flooding.

Local Financial Considerations

Having regard to S70 (2) of the Town and Country Planning Act the proposed development would be liable for business rates (NNDR).

Conclusion

Officers acknowledge that the Local Plan policies would normally resist new tourist related development in the open countryside unless there is a locational justification for the works. It is therefore necessary to evaluate the particular economic and environmental grounds within the revised proposal and any material change of circumstances since the earlier refused decisions. The application should therefore be assessed on its planning merits based on the submitted smaller scale scheme and the locational case for the development.

On balance the scheme is favourably considered against policies S14 and S17 of the Allerdale Local Plan 2014.The current scheme of 15 lodges, associated buildings and infrastructure will be appropriately designed in terms of external finishes with timber cladded chalets and grey roof tiles and sensitively sited within the landscape with a low density with significant landscaping to address the previous concerns raised by the Planning Inspectorate at the dismissed appeal APP/G0908/A/2090137 (2/2008/0098) for 100 caravans and refused planning application 2/2009/0011 for 49 chalets.

Policies S14 and S17 are now relevant of the Allerdale Local Plan 2014, rather than the previous local plan policies and the acknowledgment that the scheme at this lower density is considered to be a more sustainable scheme and less intrusive on the landscape and will have a lesser environmental impact in terms of car travel to and from the site. Also taken into account are the employment and tourism opportunities and benefits to the local economy and the fact that, subject to a S106 planning obligation, the extant permission for a hotel could not be implemented should favour be found on the provision of tourism accommodation in the form of this low level and low density scheme lodge scheme.

It is noted that although the Parish Council objected their concerns have been evaluated within the highway authority consultation replies and there have been no objections from local residents. With all matters balanced, the scheme is therefore recommended for

Page 43 approval subject to planning conditions including to restrict the occupancy of the lodges to temporary tourism use rather than permanent residential occupancy and subject to a S106 planning obligation that the hotel planning permission should not be further implemented.

Recommendation: Approve subject to S106 planning obligation.

Annex 1

Conditions/Reasons

2. The development hereby permitted shall be carried out solely in accordance with the following plans: T2 Drawing Numbers: TWL1 - Proposed location plan TWL 2 - Proposed site plan GC/10 - Proposed lodge elevations and floor plans GC 12 - Proposed site shop and store block elevations and floor plan GC 13 - Proposed site toilet block and refuse bin store elevations and floor plans GC 14 - Proposed site reception block and office elevations and floor plans CU114464 - Boundary details

3. 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.

4. Should land affected by contamination be identified under the desk top study under condition 3 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

Page 44 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.

5. Should a contamination remediation scheme be required under condition 4, 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 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.use.

6. 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.

7. The use of the holiday lodges shall not be commenced until the access road and hardstanding areas (parking spaces) have been constructed in accordance with the approved site plan Drawing number TWL2. All such provision shall be retained capable of use for as long as the holiday lodges Use continues. The access road and hardstanding areas (parking spaces) shall not be removed or altered thereafter, without the prior consent of the Local Planning Authority. Reason: To ensure a minimum standard of access and public safety and security when the development is brought into use.

8. The surface water scheme shall be implemented in principle with the details set out within the Flood Risk Assessment received 25 August 2015 and Site Plan Drawing Number TWL 2 with a surface water discharge rate from the site of no more than the existing green field rate. No development shall commence until details (ie size of attenuation basin etc) to confirm the design of the surface water drainage system will mitigate any negative

Page 45 impact of surface water from the development on flood risk outside the development boundary have been submitted to and agreed in writing with the local planning authority. The approved surface water scheme shall be implemented in accordance with the approved details prior to the occupancy of any of the lodges and thereafter maintained at all times whilst the lodge buildings are stationed at the site. Reason: To ensure the satisfactory provision and construction of drainage facilities to serve the proposed development, in compliance with the National Planning Policy Framework and Policies S2 and S29 of the Allerdale Local Plan (Part 1), Adopted July 2014 and to safeguard against negative impact outside the development boundary to people and property and the approved use shall not commence until details of future maintenance of the surface water scheme has been agreed in writing with the Local Planning Authority.

9. The lodges shall not be brought onto the site 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.

10. A landscaping management plan including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, shall be submitted to and approved by the Local Planning Authority prior to the occupation of any lodges or any piece of the development, whichever is the sooner, for its permitted use. 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.

11. The lodges hereby approved shall be used for holiday let accommodation and for no other purpose (including any other purpose in Class C of the schedule to the Town and Country Planning [Use Classes] Order 1987 as amended), or in any provision equivalent to that Class in any statutory instrument revoking or re-enacting that Order with or without modification. Reason: The Local Planning Authority would wish to examine the use of the building other than for holiday accommodation to assess whether it would be acceptable in terms of location, access and amenity, having regard to the National Planning Policy Framework and Policy S17 of the Allerdale Local Plan (Part 1), Adopted July 2014.

Page 46 12. The lodges hereby approved shall not be used at any time as the sole or principal residence by any occupants. Reason: The Local Planning Authority would wish to carefully examine the use of the building other than for holiday accommodation to assess whether it would be acceptable in terms of location, access and amenity, having regard to the National Planning Policy Framework and Policy S17 of the Allerdale Local Plan (Part 1), Adopted July 2014.

13. A bound register of all occupants of the holiday accommodation hereby approved shall be maintained at all times and shall be made available for inspection by the Local Planning Authority within 10 days of a request. The register shall comprise consecutively numbered pages which shall be kept in order, and each entry shall contain the name and address of the principal occupier together with the dates of occupation. Reason: The Local Planning Authority would wish to carefully examine the use of the building other than for holiday accommodation to assess whether it would be acceptable in terms of location, access and amenity, having regard to the National Planning Policy Framework and Policy S17 of the Allerdale Local Plan (Part 1), Adopted July 2014.

14. The approved shop/ store reception building shall be used for purposes ancillary to the holiday complex only and will not benefit from any permitted change of use from a retail land use as set out within the Town and Country Planning (General Permitted Development) (Order) (England) Order 2015. Reason: The Local Planning Authority would wish to carefully examine the use of the building other than for holiday accommodation to assess whether it would be acceptable in terms of location, access and amenity, having regard to the National Planning Policy Framework and Policy S17 of the Allerdale Local Plan (Part 1), Adopted July 2014.

Proactive Statement

Application Approved Following Revisions

The Local Planning Authority has acted positively and proactively in determining this application by identifying planning policies, constraints, stakeholder representations and matters of concern within the application (as originally submitted) and where appropriate negotiating, with the Applicant, acceptable amendments and solutions to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

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Page 48 Page Agenda Item 6

Allerdale Borough Council Planning application 2/2014/0690

Reference No: 2/2014/0690 Valid Date: 18/09/2014 Location: Proposed Residential Development Meadow Bank Oughterside Applicant: Mr Jim Lister

Drawing Numbers: C001 - Proposed site access LP1 Rev A - Location plan Proposed Outline application for proposed residential development of up to 25no. Development: dwellings Recommendation: Approve

Summary/Key Issues

Issue Conclusion

Principle of The village of Prospect is designated as a „Local Service Centre‟ within development the Local Plan, and Oughterside is designated as an „Infill/Rounding Off Village‟. The site has been put forward for consideration in the site allocations process which will consider the apportionment of development between 11 settlements. In addition, the site lies adjacent to the current saved settlement limit and therefore, the principle and scale of residential development at this location is deemed acceptable.

Effect on privacy and Officers are satisfied that acceptable levels of privacy and amenity could amenity be achieved for both proposed and existing dwellings. Issues regarding layout, scale and appearance are reserved for approval later as „Reserved Matters‟, and any potential issues regarding amenity and overlooking could be reduced by design and orientation of the proposed dwellings at the detailed design stage.

Highway Safety There are currently „Road Traffic Regulation Act 1984‟ statutory processes underway introducing a 30 mph speed restriction between Prospect and Oughterside. The applicant has demonstrated that following the restriction to a minimum of 40 mph limit a satisfactory means of access with the required visibility splays can be achieved. Therefore, the site can be developed for residential purposes.

Play facilities It is considered that „Either‟ on-site open space provision, „or‟ a commuted sum for the upgrading of existing play facilities at either the play area in Prospect or the play area in Oughterside is acceptable.

Page 49 Foul and Surface Officers are satisfied that a suitable scheme for the management of foul water drainage drainage and surface water run-off from the site can be achieved, and this can be covered by condition.

Heritage and Ecology The site is not located in a sensitive location. There are no specific ecological designations within 2km of the site. In addition, there are no Ancient Scheduled Monuments within 2km of the site. The nearest Conservation Area is at Hayton 1km north west of the site. Hadrian‟s Wall World Heritage Site lies 1.4km to the north west.

Introduction

This application was before Members at the Development Panel on 10th February 2015 where there was a decision for approval in accordance with the Officer recommendation to: ‘Grant outline planning permission subject to a section 106 Legal Agreement’.

The original Heads of Terms advised that the S106 Legal Agreement is to secure :

- The provision of Affordable Housing; - Highway Contributions for speed limit signs; and - A commuted sum for off-site play provision.

The off-site play area provision commuted sum is estimated to be £4865 using a formula for calculating public open space

However, an issue has arisen regarding the off-site play provision.

Oughterside and Allerby Parish Council have raised concerns that the two existing parks in Oughterside and Prospect where the additional play equipment could be provided both have drainage issues. Therefore, the Parish Council consider that the existing parks / play areas are too boggy and unsuitable for the installation of new additional play equipment. The council is to re-examine the option of using the commuted sum to assist in addressing the drainage issues as enhancement works for the benefit of the occupiers of the proposed estate. However there needs to be assurance that if it can be delivered , especially if any mitigation works require additional funding, as any prolonged delay in using the commuted sum would enable the developer the ability to clawback these costs

Given the concerns raised by the Parish Council the application is being referred back to Panel for Members to agree that the Heads of Terms can be modified to specify that the play provision can be „either’ on or off-site. The on site area would be 375sq m using a public open space formula and its future management would also need to be secured.

Therefore, in the circumstances that the provision cannot be achieved off-site there is the option for on-site provision.

The applicant has submitted revised Heads of Terms to be agreed in this respect.

The Revised Heads of Terms advise that the S106 Legal Agreement is to secure :

Page 50 - The provision of Affordable Housing; - Highway Contributions for speed limit signs; and - The provision of „Either‟ on-site Public Open Space, „Or‟ alternatively the payment of a commuted sum in lieu of on-site provision, to provide additional play equipment within an existing play area in either Prospect or Oughterside.

Proposal

The application seeks outline planning permission for the erection of up to 25 dwellings on a 0.84ha site located on the edge of the settlement of Prospect. All matters are reserved apart from the point of vehicular access.

Therefore this application seeks only to establish the acceptability of the principle of residential development on the site and the means of access

The proposed development would include the provision of up to 6 low cost (affordable) housing units. This would represent 25% of the dwellings within the development.

Site

The site constitutes agricultural land located on the southern edge of the village of Prospect, which is outside of, but directly adjacent to, the current saved settlement limit. To the north is residential housing at Meadow Bank, to the west is agricultural land in the ownership of the applicant, and to the east is the highway with agricultural grazing land beyond. To the south is further agricultural land which abuts the village of Oughterside. The site levels are uneven slightly falling from Meadow Bank before rising to the south off the site.

The site has direct frontage with the principal thoroughfare running between the settlements of Prospect and Oughterside.

Relevant Policies

National Planning Policy Framework

Meeting the challenge of climate change, flooding and coastal change

Conserving and enhancing the natural environment

Promoting sustainable transport

Delivering a wide choice of high quality homes

Requiring good design

Promoting healthy communities

Page 51 Allerdale Local Plan (Part 1), Adopted July 2014

Policy S1 - Presumption in favour of sustainable development

Policy S2 - Sustainable development principles

Policy S3 – Spatial strategy and growth

Policy S4 - Design principles

Policy S5 – Development principles

Policy S21 – Developer Contributions

Policy S22 – Transport Principles

Policy S25 – Sports, Leisure and Open Space

Policy S27 – Heritage Assets

Policy S29 – Flood Risk and Surface Water Drainage

Policy S32 - Safeguarding amenity

Policy DM14 – Standards of good design

Relevant Planning History

SCR/2014/0004 – Screening opinion advised it was not an EIA Development – 19/02/14

Representations

Oughterside and Allerby Parish Council - object to the application on the following grounds :

(1) The drawing showing the access route may appear to be a straight road, but the location of the entrance on to the site is actually sited in a dip which is already a known hazard.

(2) The dip where the access road has been identified for is subject to flooding. There are concerns that this will increase with run off from a concreted and tarmacked area.

(3) The local plan identifies Oughterside as being an area for „infill development‟. This is outside the village envelope and therefore it is not considered that it complies with that requirement.

Page 52 Housing Needs Officer (ABC) - Comment that the intended affordable provision is considered acceptable Local Highways Authority (CCC) - The road from which access is to be taken is currently de- restricted (60mph) and the 210m visibility criteria for a de-restricted road cannot be met. However, there are currently „Road Traffic Regulation Act 1984‟ statutory processes underway with a view to introducing a 30 mph restriction between Prospect and Oughterside.

This has now been approved by the „County Council Allerdale Local Committee‟ (December 2014). Therefore, Highways recommend approval subject to conditions requiring the following : (a) Prior to the Reserved Matters application being made the provision of a 40 mph (or lower) speed restriction shall have been achieved through the Road Traffic Regulation Act processes; (b) The access road and footways shall be designed, constructed, drained and lit to a standard suitable for adoption; (c) The house accesses, and parking provision commensurate with the Cumbria Parking Standards, shall be designed and constructed to the satisfaction of the Local Planning Authority with full engineering details submitted with the first Reserved Matters application; (d) Full details of the sustainable surface water drainage system shall be submitted with the first Reserved Matters application; (e) A plan shall be submitted with the first Reserved Matters application reserving adequate land for site offices/material storage and the parking of vehicles/plant engaged in construction; (f) No dwelling shall be occupied until its access and parking facilities have been constructed in accordance with the approved plans, and these facilities shall be retained and not removed or altered.

Environmental Health Officer (ABC) - No objections subject to conditions to address any potential contamination and the submission and approval of a construction and demolition method statement. United Utilities - Recommend the securing of planning conditions to ensure that in compliance with the National Planning Policy Framework, the site should be drained on a separate system with foul water draining to the public sewer and surface water draining in the most sustainable way. . Environment Agency - No comment to make - it does not trigger their consultation thresholds.

Neighbour consultation letters have been sent to nos. 1 to 18 Meadow Bank. In addition, a site notice was displayed on the 6th October 2014. One letter of representation has been

Page 53 received. This comments that there is an objection lodged by the Parish Council, plus the submitted plans do not show the existing houses on Green Bank Close.

Conclusion

The principle of a residential development on this site has already been agreed and accepted at the previous Development Panel meeting on 10th February 2015.

This current report purely seeks Members agreement to the flexibility of the play space provision so that it can be provided „either’ on ‘or’ off site. The applicant has submitted revised Heads of Terms to be considered by Members in this respect.

Recommendation: Approve

Grant outline planning permission subject to a section 106 legal agreement securing the provision of :

- Affordable Housing; - Highway Contributions for speed limit signs; and - The provision of ‘either’ on-site Public Open Space, „or’ alternatively the payment of a commuted sum in lieu of on-site provision, to provide additional play equipment within an existing play area in either Prospect or Oughterside.

Annex 1

Conditions

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 development hereby permitted shall be carried out in accordance with the following plans: C001 – Proposed site access; LP1 Rev A – Location plan.

Reason: In order to ensure a satisfactory standard of development.

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.

Page 54 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.

4. 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.

5. No dwelling shall be occupied until any parking spaces, garages and turning areas associated with them have been provided in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Thereafter, the parking and turning areas provided shall not be used for any purpose other than the parking and turning of vehicles.

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.

6. No part of the development hereby approved shall commence until the required Traffic Regulation Order (TRO) reducing the speed limit to 40 mph (or lower) has been implemented along the frontage of the site through the Road Traffic Regulation Act 1984 processes.

Reason : To ensure a satisfactory standard of development and in the interests of highway safety

7. The carriageway, footways and footpaths shall be designed, 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 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

Page 55 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. The details submitted in pursuance of Condition 1 shall be accompanied by a scheme of hard and soft landscaping which shall include indications of all existing trees, hedgerows 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 mimimise 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.

10. The details submitted in pursuance of Condition 1 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

11. Prior to commencement of development, details of the foul drainage scheme shall be submitted to and approved in writing by the Local Planning Authority.

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

Page 56 12. Only foul drainage shall be connected to the public sewer.

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

13. None of the dwellings shall be occupied until the sewage disposal works have been completed in accordance with the submitted plans.

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

14. Prior to the commencement of works, details of the surface water drainage works, details of the surface water drainage works, including any attenuation measures to demonstrate that no greater run off rate than the existing greenfield site shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be fully implemented prior to the occupation of any of the dwellinghouses hereby approved.

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

15. The details submitted in pursuance of Condition 16 shall be accompanied by an assessment of the potential for disposal of surface water by means of a sustainable drainage system. Where a sustainable drainage scheme is to be provided, the submitted details shall :

(a) provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and measures taken to prevent pollution of the receiving groundwater and/or surface water:

(b) include a timetable for its implementation; and

(c) provide a management and maintenance plan which shall include the arrangements for adoption by any public authority or statutory undertaker and/or any other arrangements to secure the operation of the scheme through its lifetime.

The approved scheme shall be fully implemented prior to the occupation of any dwellinghouse, and maintained at all times thereafter

16. No development shall take place until a plan indicating the positions, design, materials and type of boundary treatment to be erected has been submitted to and approved in writing by the Local Planning Authority. The boundary treatment shall be completed before the buildings they enclose are first occupied. Development shall be

Page 57 carried out in accordance with the approved details.

Reason : To ensure a satisfactory standard of development which is compatible with the character of the surrounding area, in compliance with the National Planning Policy Framework and Policies S4 and DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.

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

18. Should land affected by contamination be identified under the desk top study under condition 17 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.

19. Should a contamination remediation scheme be required under condition 18, 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.

20. 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

Page 58 accordance with current UK guidance, particularly CLR11.

21. 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 a plan reserving adequate land for the parking of vehicles engaged in the construction operations; And the following information :

(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) Mitigation measures to ensure that no harm is caused to protected species during construction.

(e) A written procedure for dealing with complaints regarding the construction or demolition;

(f) Measures to control the emissions of dust and dirt during construction and demolition;

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

(h) Hours of working and deliveries;

(i) 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.

Page 59 Proactive Statement

Application Approved Without Amendment

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any stakeholder representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

Page 60 Development Panel Meeting 10 February 2015 Allerdale Borough Council

Reference No: 2/2014/0690

Valid Date: 18/09/2014

Location: Proposed Residential Development

Meadow Bank

Oughterside

Applicant: Mr Jim Lister

Drawing Numbers: C001 - Proposed site access

LP1 Rev A - Location plan

Proposed Outline application for proposed residential development of up to 25no. dwellings Development:

Recommendation: Approved

Summary/Key Issues

Issue Conclusion

Principle of The village of Prospect is designated as a „Local Service Centre‟ within development the Local Plan, and Oughterside is designated as an „‟Infill/Rounding Off Village‟‟. The site has been put forward for consideration in the site allocations process which will consider the apportionment of development between 11 settlements. In addition, the site lies adjacent to the current saved settlement limit and therefore, the principle and scale of residential development at this location is deemed acceptable

Effect on privacy and Officers are satisfied that acceptable levels privacy and amenity could be amenity achieved for both proposed and existing dwellings. Issues regarding layout, scale and appearance are reserved for approval later as „Reserved Matters‟, and any potential issues regarding amenity and overlooking could be reduced by design and orientation of the proposed

Page 61 dwellings at the detailed design stage

Highway safety There are currently „Road Traffic Regulation Act 1984‟ statutory processes underway introducing a 30 mph speed restriction between Prospect and Oughterside. The applicant has demonstrated that following the restriction to a minimum of 40mph limit a satisfactory means of access with the required visibility splays can be achieved. Therefore, the site can be developed for residential purposes.

Off-site play facilities A commuted sum is considered acceptable for the upgrading of existing play facilities at either the play area in Prospect or the play area in Oughterside, rather than on-site provision.

Foul and Surface Officers are satisfied that a suitable scheme for the management of foul water drainage drainage and surface water run-off from the site can be achieved, and this can be covered by Condition.

Proposal

Therefore this application seeks only to establish the acceptability of the principle of residential development on the site and the means of access.

The proposed development would include the provision of up to 6 low cost (affordable) housing units. This would represent 25% of the dwellings within the development.

Page 62 Site

The site has direct frontage with the principal thoroughfare running between the settlements of Prospect and Oughterside.

Relevant Policies

National Planning Policy Framework

Meeting the challenge of climate change, flooding and coastal change

Conserving and enhancing the natural environment

Promoting sustainable transport

Delivering a wide choice of high quality homes

Requiring good design

Promoting healthy communities

Allerdale Local Plan (Part 1), Adopted July 2014

Policy S1 - Presumption in favour of sustainable development

Policy S2 - Sustainable development principles

Policy S3 – Spatial strategy and growth

Policy S4 - Design principles

Policy S5 – Development principles

Policy S22 – Transport Principles

Policy S27 – Heritage Assets

Policy S29 – Flood Risk and Surface Water Drainage

Policy S32 - Safeguarding amenity

Policy DM14 – Standards of good design

Page 63 Relevant Planning History

SCR/2014/0004 – Screening opinion advised it was not an EIA Development – 19/02/14

Representations

Housing Needs Officer Comment that the intended affordable provision is considered (ABC) acceptable Local Highways Authority The road from which access is to be taken is currently de- (CCC) restricted (60mph) and the 210m visibility criteria for a de- restricted road cannot be met. However, there are currently „Road Traffic Regulation Act 1984‟ statutory processes underway with a view to introducing a 30 mph restriction between Prospect and Oughterside. This has now been approved by the „County Council Allerdale Local Committee‟ (December 2014). Therefore, Highways recommend approval subject to conditions requiring the following : (a) Prior to the Reserved Matters application being made the provision of a 40 mph (or lower) speed restriction shall have been achieved through the Road Traffic Regulation Act processes; (b) The access road and footways shall be designed, constructed, drained and lit to a standard suitable for adoption; (c) The house accesses, and parking provision commensurate with the Cumbria Parking Standards, shall be designed and constructed to the satisfaction of the Local Planning Authority with full engineering details submitted with the first Reserved Matters application; (d) Full details of the sustainable surface water drainage system shall be submitted with the first Reserved Matters application; (e) A plan shall be submitted with the first Reserved Matters application reserving adequate land for site offices/material storage and the parking of vehicles/plant engaged in construction; (f) No dwelling shall be occupied until its access and parking facilities have been constructed in accordance with the approved plans, and these facilities shall be retained and not removed or altered. Environmental Health No objections subject to conditions requiring (a) the submission Officer (ABC) and approval of a desktop study; (b) the submission and approval of a remediation scheme; (c) should a remediation scheme be required, the approved strategy shall be implemented and a verification report submitted and approved; (d) In the event that contamination is found at any time when carrying out the development it must be reported and a risk assessment carried out. (e) The submission and approval of a construction and demolition method statement.

Page 64 United Utilities In accordance with the National Planning Policy Framework and Building Regulations, the site should be drained on a separate system with foul water draining to the public sewer and surface water draining in the most sustainable way. Therefore, they advise that conditions should be attached regarding surface water and foul water drainage. Environment Agency No comments to make as the development is not listed in the „When to Consult the EA‟ doc or in the DMPO / GDPO.

Neighbour consultation letters have been sent to nos. 1 to 18 Meadow Bank. In addition, a site notice was displayed on the 6th October 2014. However, no local representations have been made.

Oughterside and Allerby Parish Council object to the application. This is on the following grounds:

(1)The drawing showing the access route may appear to be a straight road, but the location of the entrance on to the site is actually sited in a dip which is already a known hazard.

(2) The dip where the access road has been identified for is subject to flooding. There are concerns that this will increase with run off from a concreted and tarmacked area.

Main Issues:

Principle of development and sustainability

The site lies outside of, but directly adjacent to, the defined settlement limit for Prospect, which is identified as a „Local Service Centre‟ within the Local Plan.

Notwithstanding the recent adoption of the Local Plan, the defined settlement limits are still derived from its predecessor, dated 1999. This is until the forthcoming site allocations development plan document, (Allerdale Local Plan Part 2), is also adopted. The site has been put forward for consideration in the site allocations process which will consider the apportionment of development between 11 settlements.

Given this position and the guidance set out within the National Planning Policy Framework (NPPF), the local planning authority must adopt a pragmatic approach to development outside of defined settlements.

The NPPF advises the purpose of the planning system is to contribute to the achievement of sustainable development which has 3 dimensions.

Page 65 “These dimensions give rise to the need for the planning system to perform a number of roles:

 ‘an economic role – contributing to building a strong, responsive and competitive economy, by ensuring that sufficient land of the right type is available in the right places and at the right time to support growth and innovation; and by identifying and coordinating development requirements, including the provision of infrastructure;  a social role – supporting strong, vibrant and healthy communities, by providing the supply of housing required to meet the needs of present and future generations; and by creating a high quality built environment, with accessible local services that reflect the community‟s needs and support its health, social and cultural well-being; and  An environmental role – contributing to protecting and enhancing our natural, built and historic environment; and, as part of this, helping to improve biodiversity, use natural resources prudently, minimise waste and pollution, and mitigate and adapt to climate change including moving to a low carbon economy”.

At the heart of the NPPF is a presumption in favour of sustainable development. When considering planning applications this means:

“where the development plan is absent, silent or relevant policies are out-of-date, granting planning permission unless:

 any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole: or  Specific policies in this Framework indicate development should be restricted”.

Five Year land Supply

A key objective of the NPPF is to deliver a wide choice of high quality homes.

Local planning authorities are required to identify a supply of specific deliverable sites sufficient to provide five years supply of housing against the identified housing requirement. Where there is a record of under delivery of housing, LPA‟s need to provide a buffer of an additional 20% to provide a realistic prospect of achieving the planning supply and to ensure choice and competition in the market for land.

The Council‟s updated five year land supply statement issued in August 2014 specifies that there is a 5 year land supply within Allerdale at present.

Furthermore, as discussed earlier in the report, the site has been put forward for consideration in the Local Plan site allocations process.

Assessment

Principle of residential development

The application site lies just outside the settlement boundary for Prospect. Development of this site would achieve a sustainable development close to the facilities of both Prospect and Oughterside, plus public transport links.

Page 66

Prospect is designated in the current Allerdale Local Plan as a Local Service Centre and it is acknowledged that this role will result in a level of housing provision.

Considering the services available in both Prospect and Oughterside, the development of this site would be capable of contributing to the ongoing sustainability of the area. Furthermore, taking into account the proximity and relationship of the site to the current defined settlement, officers consider the principle of residential development to be acceptable at this location.

The site is therefore considered to constitute a sustainable location, close to the amenities of the settlements of both Prospect and Oughterside with good connections to its surroundings.

Effect on privacy and residential amenity of adjacent properties

Policies S2, S4, S32 and DM14 seek to ensure that new development secures a satisfactory standard of amenity for existing and future residents.

This application seeks outline approval only and matters of layout, scale, landscaping and appearance are reserved for subsequent approval. Therefore in considering potential impacts on privacy and residential amenity at this stage, the local planning authority must be sufficiently assured that the site could be developed while achieving acceptable levels of privacy and amenity for both proposed and existing dwellings.

Officers are satisfied that spatially an acceptable development can be achieved in terms of the standard of housing for future occupiers on this site, while not adversely affecting the residential amenity of surrounding neighbouring properties.

There will be some noise and disturbance to neighbouring properties during the construction phase of the development. However, this impact may be controlled under a planning condition to minimise disturbance and safeguard residential amenity.

Officers conclude that an acceptable scheme in terms of layout and design could be achieved and therefore the requirements of Policies S2, S4, S32 and DM14 can be met.

Impact on Heritage

Policies S2, S5 and S27 seek to conserve and enhance the character, appearance and significance of Heritage Assets within the Allerdale Plan Area.

The site is not located in a sensitive location. In addition, there are no Ancient Scheduled Monuments within 2km of the site. The nearest Conservation Area is at Hayton 1km north west of the site. Hadrian‟s Wall World Heritage Site lies 1.4km to the north west.

Officers therefore conclude that the proposed development fulfils the requirements of Policies S2, S5 and S27

Page 67 Ecological Impact

There are no specific ecological designations within 2km of the site. In addition, the applicant has submitted an Ecological Scoping Report which concludes that the chances of there being protected species or important habitats on site are negligible.

Highway safety

Policy S22 seeks to ensure that new development can be accessed safely and does not compromise the safety of any transport route.

The Local Highway Authority requires the site to have a single point of access. The „Proposed Site Access Junction‟ plan (drawing no. C001) specifies that access would be gained directly from the principal thoroughfare running between Prospect and Oughterside. To create adequate sight lines (60m northbound and 60m southbound), the access point is located towards the centre of the site frontage to the adjacent adopted highway.

To ensure traffic speeds are such that the sight line to the south is adequate, the 40 mph limit will need be extended southwards to cover the site frontage and a gateway feature will be created appropriately 60 metres south of the access. The precise details are to be agreed with the Local Highways Authority as part of the detailed design at Reserved Matters stage, and would be secured at this stage by planning condition.

There are currently „Road Traffic Regulation Act 1984‟ statutory processes underway to introduce a 30 mph speed restriction between Prospect and Oughterside. These were approved by the „County Council Allerdale Local Committee‟ in December 2014.

Therefore, the Local Highways Authority recommend approval for the „Outline‟ planning permission subject to a condition specifying that „‟Prior to the Reserved Matters application being made the provision of a 40mph (or lower) speed restriction shall have been achieved through the Road Traffic Regulation Act processes‟.

Therefore, it is considered that a satisfactory means of access to the site can be achieved.

Drainage and Flooding

Policy S29 states that development should be avoided in locations that would be at risk of flooding or where it would increase the level of flooding elsewhere. It also states that developers should separate surface water from foul drainage to remove pressure on foul drainage system and that all new developments seek to incorporate Sustainable Drainage Systems (SuDS) in preference to discharge to local watercourses or the main sewer.

Details submitted with the planning application advise that the surface water is proposed to be taken to Salterwath Beck to the south west of the site within the applicant‟s ownership, and attenuation proposals will ensure that the run-off profile remains as if the site was in its greenfield state.

Page 68 United Utilities advise that conditions should be attached to any planning permission regarding surface water and foul water drainage. In accordance with the National Planning Policy Framework and Building Regulations, the site should be drained on a separate system with foul water draining to the public sewer and surface water draining in the most sustainable way.

Officers consider that suitably worded conditions could be imposed to control the rates of surface water run-off from the site and ensure that the long term maintenance of any SUDS incorporated is secured. Collectively these would serve to abate the risk of surface water flooding. Therefore, officers are satisfied that the objectives of Policy S29 can be fulfilled.

Provision of affordable housing

Policy S8 requires the provision of 25% affordable housing on sites in excess of 5 dwellings or 0.15 hectares in settlements outside of the principal and key service centres.

The applicant has complied with this policy requirement, with 6 of the 25 proposed dwellings being offered for Affordable Housing. The applicant has agreed to enter into a Section 106 Agreement regarding this provision. The type of affordable housing to be provided on site would be established at the detailed design (reserved matters) stage and be agreed formally prior to the commencement of development.

Officers are satisfied that the requirements of Policy S8 have been fulfilled.

Local Area for Play

Local Plan policy requires the provision of on-site play facilities within housing developments for children. However, in this case there is an existing play area nearby almost opposite the application site, plus an existing play area at Oughterside near the school. As such it is considered that on site facilities would not be appropriate in this case. Instead a commuted sum should be made available to upgrade existing facilities, and the applicant would be required to enter into a Section 106 Agreement.

In the details submitted with the planning application, the applicant has advised that an appropriate commuted sum could be made available to upgrade existing play facilities.

Land contamination

The Council‟s Environmental Health team have advised that as a result of recommendations made in the report by GEO Environmental Engineering (Ref: 13/08/14, 2014-1036) the following conditions should be attached to any consent that is granted :

(a) the submission and approval of a desktop study; (b) the submission and approval of a remediation scheme; (c) should a remediation scheme be required, the approved strategy shall be implemented and a verification report submitted and approved; (d) In the event that contamination is found at any time when carrying out the development it must be reported and a risk assessment carried out. (e) The submission and approval of a construction and demolition method statement.

Page 69 Local Financial Considerations

Having regard to S70 (2) of the Town and Country Planning Act the following local finance considerations are relevant to the consideration of the application 2/2014/0690

There will be benefits arising from the development in the form of more affordable housing provision in the local area, plus a commuted sum being made available for off-site local areas of play.

There will be benefits arising from the scheme through the New Homes Bonus scheme. It is considered the New Homes Bonus is of little weight in judging the overall planning. merits of the current scheme.

Conclusion

This site constitutes a sustainable location for small-scale housing development. All matters apart from access are reserved for later detailed approval. However, officers consider that the principle of development of the site for residential purposes is acceptable.

Recommendation

Grant outline planning permission subject to a section 106 legal agreement securing the provision of six affordable units and a commuted sum for off-site play provision.

Page 70 Annex 1

Conditions

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

Reason: In order to ensure a satisfactory standard of development.

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.

4. 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.

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Reason : To ensure a satisfactory standard of development and in the interests of highway safety

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.

Page 72 9. The details submitted in pursuance of Condition 1 shall be accompanied by a scheme of hard and soft landscaping which shall include indications of all existing trees, hedgerows 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.

11. Prior to commencement of development, details of the foul drainage scheme shall be submitted to and approved in writing by the Local Planning Authority.

12. Only foul drainage shall be connected to the public sewer.

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

13. None of the dwellings shall be occupied until the sewage disposal works have been completed in accordance with the submitted plans.

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

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(b) include a timetable for its implementation; and

The approved scheme shall be fully implemented prior to the occupation of any dwellinghouse, and maintained at all times thereafter

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Page 75 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.

(a) Traffic Management Plan to include all traffic associated with the development, including the parking and turning facilities and off-street compound staff traffic;

(c) Mitigation measures to reduce adverse impacts on residential properties from construction compounds including visual impact, noise, and light pollution.

(d) Mitigation measures to ensure that no harm is caused to protected species during construction.

(e) A written procedure for dealing with complaints regarding the construction or demolition;

(f) Measures to control the emissions of dust and dirt during construction and demolition;

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

(h) Hours of working and deliveries;

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

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

Proactive Statement

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Page 78 Agenda Item 7

Allerdale Borough Council Works to Trees Application CAT/2016/0001

Proposed Fell sycamore tree Works: Location: Fellcroft, Windmill Lane, Cockermouth, Cumbria, CA13 9AQ Recommendation: No objections

Summary/Key Issues

Issue Conclusion

Visual Amenity The removal of the tree would not have a significant impact on the local environment or its enjoyment to the public Conservation Area The removal of the tree would not be detrimental to the Conservation Area Proposal

Removal of Sycamore Tree Site

The tree is a mature Sycamore specimen situated on land directly adjacent to Fellcroft, Windmill Lane, Cockermouth. The land upon which the tree stands is within the Cockermouth Conservation Area.

The site is within a residential area of Cockermouth with a housing estate to the North and East and residential properties to the North West and West. Situated to the South West of the site are residential gardens associated with an adjacent row of terraced properties (Fell View). These gardens contain many trees providing a significant contribution to the visual amenity of the area. Relevant Legislation and Policies

Section 211 of the Town and Country Planning Act 1990 (preservation of trees in Conservation Areas). DM17 – Trees, hedgerows and Woodland

Relevant History

2/2010/1043 – Reconstruction of garage and minor alterations and improvements to access onto public highway.

2/2011/0842 – Timber decking to west elevation (part retrospective)

Page 79 Representations

Cockermouth Town Council – No objections. Cockermouth Civic Trust – No reply to date – Response due by 1st February 2016.

Main Issues:

Amenity value of tree and merits of a tree preservation order.

Trees should be protected by a tree preservation order if it is considered that their removal would have a significant impact on the local environment and its enjoyment by the public. It should be demonstrated that a reasonable degree of public benefit would accrue before tree preservation orders are made or confirmed. Trees should normally be visible from a public place and, in Conservation Areas, the desirability of preserving the character or appearance of the Conservation Area should be considered.

The tree proposed for removal is a Sycamore tree in the form of 3 main stems. It is proposed to remove the tree due to the applicants concerns than the trees root system is, or has, the potential to affect the foundations of the existing domestic garage situated within approximately 1 metre of the tree. Other mature trees are situated on the application site, at greater distances from the garage.

The Sycamore tree is visible from various public areas surrounding the site, providing some contribution to the visual amenity of the area. However, when viewed from adjacent public vantage points, the visual amenity provided by the tree is contributed to significantly with the neighbouring tree, due to the visual merging of their crowns. The removal of the Sycamore tree would allow more light to the neighbouring tree allowing the formation of a more equally balanced crown.

Although the loss of the Sycamore tree would be noticeable initially, given the other trees on the site, and the number of trees within the vicinity, it is considered that it would not have a significant impact on the local environment or its enjoyment by the public and its removal is not considered detrimental to the Cockermouth Conservation Area. Therefore the tree is not considered to merit protection by a Tree Preservation Order.

Conclusion

It is recommended that no objections are raised to the submitted Section 211 notice which seeks to fell the individual tree.

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