DELEGATED REPORT Application Reference : 18/0188 Description of Erection of a single raised dwelling with garage (as revised). Development Case Officer D Cox Appraisal Site : Land adjacent Rittson House, Skirsgill Lane, , Penrith. Proposal : The application seeks full detail approval for the erection of a two storey detached, five bedroom house, on a raised platform bed, on a brownfield site, located on the northern riverside of the river Eamont, as an infill site within the settlement and designated smaller village and hamlet of Eamont Bridge.

The application is accompanied by Flood Risk, Surface Water Drainage and Construction Management Plans. Relevant Site History : 17/0738 – Outline application for one dwelling – Land adjacent Rittson House – Withdrawn - 17th October 2017. Policy : Core Strategy DPD Policy :

 CS1 Sustainable Development Principles  CS2 Locational Strategy  CS3 Rural Settlements and the Rural Areas  CS4 Flood Risk  CS5 Transport and Accessibility  CS6 Developer Contributions  CS7 Principles for Housing  CS8 Making Efficient Use of Land  CS16 Principles for the Natural Environment  CS17 Principles for the Built (Historic) Environment  CS18 Design of New Development

Proposed Eden Local Plan :

• LS1 Locational Strategy • DEV2 Water Management and Flood Risk • DEV 5 Design of New Development • ENV1 Protection and Enhancement of the Natural Environment, Biodiversity and Geodiversity. • ENV10 The Historic Environment

Supplementary Planning Documents :

 Housing (2010)

National Planning Policy Framework (NPPF) :

 Delivering a wide choice of high quality homes  Requiring good design  Meeting the challenge of climate change, flooding and coastal change  Conserving and enhancing the natural environment  Conserving and enhancing the historic environment

National Planning Practice Guidance (NPPG) :

STATUTORY CONSULTATION RESPONSES Local Highway & LLF No objection subject to condition. Authority : Environment Agency : The Agency have now reviewed the Flood Risk Assessment (FRA) titled : Land Adjacent to Rittson House, Skirsgill Lane, Penrith, , referenced 18-082r001 Rev C produced by Kingmoor Consulting, dated 28th February 2018, and submitted with the application. While some of the points made in our (previous) letters, in particular acknowledgement of the requirements of Flood Risk Assessments: Climate Change Allowances, have not been explicitly addressed or acknowledged, we are generally satisfied that it demonstrates that the proposed development will not be at an unacceptable risk of flooding or exacerbate flood risk elsewhere.

The FRA should now provide sufficient information for the decision maker to understand the extent to which people and property will be exposed to flood hazards (on and off site) once the development and any flood mitigation is in place.

The proposed development must proceed in strict accordance with this FRA and the mitigation measures identified as it will form part of any subsequent planning approval. Any proposed changes to the approved FRA and/or the mitigation measures identified will require the submission of a revised FRA as part of an amended planning application.

The applicant will be aware of the potential flood risk and frequency. The applicant should be satisfied that the impact of any flooding will not adversely affect their proposals. United Utilities : No objection subject to conditions. Natural England : No objection subject to condition. DISCRETIONARY CONSULTATION RESPONSES Town Council : No objection. Contaminated Land Officer No objection subject to informative. : Housing Development No objection subject to Policy compliance. Officer : NOTIFICATION RESPONSES Application advertised by The application has been publicised by site notice (28/03/18) and way of immediate by direct neighbour consultation. 6 letters of support have been neighbour notification letter received to date. and site notice posted. OBSERVATIONS

Main Issues : Appraisal : Principle The application site is located in the settlement of Eamont Bridge. Under relevant Policy LS1 “Locational Strategy” of the Proposed Eden Local Plan (to which substantial weight is to be attached), Eamont Bridge is identified as being a designated “Smaller Village and Hamlet”, and where limited housing provision can be accommodated.

Under relevant Policy HS2 “Housing to Meet Local Demand” of the Proposed Eden Local Plan, and as previously developed land, located centrally within the settlement, with strong defensible boundaries on all sides, the location and site is also considered to be a reasonable “infill site”.

Also as previously developed land, there is no requirement for any restriction to be attached (by Legal Agreement) securing local occupancy provision.

In principle therefore permission will be given for housing of an appropriate scale, in such locations and where it reflects the built form of adjoining and neighbouring development to the site and the service function of the settlement.

The location, principle and siting (as infill with strong defensible boundary) of and for this type of residential development is considered acceptable, and to reasonably comply with the criteria concerns of the above relevant Proposed Eden Local Plan Policies. Scale & Design The application proposes the erection of a single, detached, raised platform, two storey, 5 bedroom dwelling, located centrally within the existing oblong plot, with residential development on three sides and set (with access from) between Skirsgill Lane (to the north) and the River Eamont (directly abutting the site) to the south.

The building is designed to address and limit the possibility of Flood Risk (the site and surrounding area historically being prone to flooding) and in scale, design and cladding detail appearance, reflect and match the character of existing immediately adjacent residential development, especially to the west and in that direction along either side of Skirsgill Lane. There are older properties, not least The Listed Eamont Lodge, also in the vicinity, and generally to the east of the site, and to where the main A6 crosses via a stone bridge, into the main part of the settlement, and southwards towards Clifton.

Considerations here relate to the relevant criteria concerns attached to the proposed Eden Local Plan Policies DEV5 “Design of New Development” and ENV10 “The Historic Environment” as well as the retained “Housing” SPD.

Located immediately adjacent (to the east) and set against the backdrop of similarly scaled, designed and detailed relatively modern residential development, the development scheme as proposed will both reflect and compliment the established theme and character of the majority of neighbouring development alongside, and between Skirsgill Lane and the River Eamont to the west.

The development proposed, and its raised nature, will not be significantly or unreasonably untypical of recent, neighbouring development and as a such is considered to reasonably accord with the aims of proposed Eden Local Plan Policy HS2, in that the development outlined will be “ .. of an appropriate scale, which reflects the built form of adjoining and neighbouring development to the site and the service function of the settlement ..”

Impact on the The application site is located centrally within the designated landscape/amenity of the smaller village/hamlet of Eamont Bridge, relating well to area neighbouring residential development, and to, and from who’s owners there have been no objections. As a residential “infill site” the development will have limited additional impact on the broader landscape/amenity of the area. Impact on the living The dwelling and residential development proposed, including conditions/amenity of fenestration positioning and layout has been designed to have neighbouring residents minimal impact on neighbouring privacy and amenity. No neighbouring objections have been received, and the proposed development is considered to accord reasonably in this aspect with the criteria concerns of relevant proposed Eden Local Plan Policy DEV5 and supporting “Housing” SPD guideline. Impact on the character The application site is located within the settlement of Eamont and appearance of the built Bridge which is not designated as a Conservation Area, however environment (LBs/CA) there are designated heritage assets located in the vicinity of the site, namely the Grade II listed Eamont lodge, to the north of the site, across and separated by the intervening Skirsgill Lane, and to the east (and downstream the river Eamont) the Grade 1 Listed Eamont Bridge. Both these assets are considered sufficiently remote and visually “detached” from the application site and location so as to have limited impact (in terms of Proposed Eden Local Plan Policy ENV10 considerations) on the character, appearance or standing of those particular assets. Impact on the natural The application site is located on and within the Flood Plain of the environment adjacent River Eamont (a designated Tributary SSSI) and is (species/habitats) within Flood Zone 3 (defined as havening a high probability of flooding in the NPPG, a combination of factors that historically have and remain of significant concern in relation to development on this site and in this vicinity.

As required, the application has been accompanied by Flood Risk Assessment, Surface Water Drainage and Construction Management Plans, and as revised, the submitted details are now (subject to relevant condition and advisory) considered acceptable to those relevant statutory and non-statutory consultees (Environment Agency, Natural England and United Utilities).

At the time of writing, the proposed Policies of the Eden Local Plan remain formally un-adopted. Advice received, via the Planning Inspectorate, is that “significant weight” is, and can be attached to proposed Eden Local Plan Policies.

The Development Plan “for the time being” therefore remains those elements and Policies of the Eden Core Strategy, “in conjunction with” the proposed Policies of the Eden Local Plan.

I have born the above Policies and situation in mind when considering the application and the relative weight to be attached, including previous/current “technical” housing shortfall considerations.

Under Proposed Eden Local Plan Policies LS1 and HS2, the application site is located within a designated “Smaller Village and Hamlet”, where limited housing provision can be accommodated. With the above consideration in mind, and accepting that there will be likely to be other sites, both in the area and the vicinity which are less likely to flood, it is the case that :

- The applicant is fully aware of this (flooding risk and frequency) as an issue, but also - Has in the submission detail made provision to both reasonably and practically address and mitigate such as an eventuality, both to their satisfaction and that of the relevant informed bodies, who having confirmed as such have given their suitably informed support to the proposal.

At this stage, and given the above considerations, the development as revised and proposed is therefore considered to reasonably comply with the aims and criteria concerns of relevant proposed Eden Local Plan Policies, DEV2 Water Management and Flood Risk, DEV 5 Design of New Development and ENV1 Protection and Enhancement of the Natural Environment, Biodiversity and Geodiversity, as well as the sequential requirement provisions of the NPPG. Conclusion : The proposed development as revised is considered to be in accordance with the development plan which is not outweighed by material considerations and therefore the application is recommended for approval.

RECOMMENDATION : That the application is granted subject to the following conditions:

Time limit for commencement

1. The development permitted shall be begun before the expiration of three years from the date of this permission.

Reason : In order to comply with the provisions of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

Approved Plans

2. The development hereby granted shall be carried out in accordance with the drawings and supporting detail (including surface water drainage & wall and landscaping reports as revised) and hereby approved :

- Site Location Plan Ref No 1 dated as received by the Local Planning Authority on the 7th March 2018. - As proposed Floor Plans, Site Plan & Site Section A-A (Drawing Ref No 17-16-01) as dated received by the Local Planning Authority on the 7th March 2018. - As proposed Elevations & Sections A-A & B-B (Drawing Ref No 17-16-02) as dated received by the Local Planning Authority on the 7th March 2018.

Reason: To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.

Ongoing conditions

3. The development hereby permitted shall proceed in strict accordance with the Flood Risk Assessment and detail (Ref 18-082r001 Rev C) (as revised) as originally dated received by the Local Planning Authority on the 7th March 2018.

Reason : To secure a satisfactory form of development on the site.

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

Reason: To secure proper drainage and to manage the risk of flooding and pollution.

5. Prior to the commencement of any development, a surface water drainage scheme, based on the hierarchy of drainage options in the National Planning Practice Guidance with evidence of an assessment of the site conditions shall be submitted to and approved in writing by the Local Planning Authority. The surface water drainage scheme must be in accordance with the Non-Statutory Technical Standards for Sustainable Drainage Systems (March 2015) or an subsequent replacement national standards and unless otherwise agreed in writing by the Local Planning Authority, no surface water shall discharge to the public sewerage system either directly or indirectly. The development shall be completed in accordance with the approved details.

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

6. The access drive shall be surfaced in bituminous or cement bound materials, or otherwise bound and shall be constructed and completed before the development is brought into use. This surfacing shall extend for a distance of at least 5 metres inside the site, as measured from the carriageway edge of the adjacent highway.

Reason : In the interests of highway safety.

7. No work within or near river/watercourse is to take place until consent (if required) is given by the Local Flood Risk Management. Approval is conditional on the provision of a CEMP and Flood Risk Activity Permit in conjunction with the requirements of the Offices of Natural England.

Reason : The River Eamont is designated 'Main River'. Therefore, under the terms of The Environmental Permitting (England and Wales) Regulations 2016 and the flood risk activities set out in Paragraph 3 Part 1 of Schedule 25 the prior written consent of the Environment Agency may be required for any works in, over, under or within 8m of the 'main river', or 16m if tidal or within 8m of a flood defence structure/culvert, 16m if tidal. Any work in or near the river/watercourse will require consent from the Local Flood Risk Management Office.

Note to developer : Should any unexpected ground conditions, which could indicate the presence of land contamination (for example unusual colours, odours, liquids or waste materials) be encountered during development, then the Environmental Protection Team (01768 212490) should be notified immediately. The Environmental Protection Team liaises with developers to achieve cost effective sustainable solutions to deal with contamination to safeguard the health of future occupants, building structures and the local environment. The responsibility for securing a safe development however, lies with the developer and /or landowner.