Land South of Allithwaite Road, Kents Bank, Grange

SL/2018/0898

PARISH: GRANGE

Land south of Allithwaite Road.

PROPOSAL: Mixed-use development comprising extra care apartments and standalone dwellings (Use Class C3) (up to 90 units), and commercial space (Use Classes E (Shops, Restaurants and cafes & Non-residential institutions) and Sui Generis (Hot food takeaways) (up to 495 sq metres gross floorspace) - Phase 2

APPLICANT: Lancet Homes

Grid Ref: E: 339279 N: 476125

Case Officer: Nick Howard

Committee Date: 17th December 2020

Berry Bank 67.9m

Glyndon Heligan

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SW Kents Bank Station SL/2018/0898 The material contained in this plot has been reproduced from an Ordnance Survey map with permission of the Controller of Her Majesty's Stationery Office. Land south of Allithwaite Road, Licence No. 100024277 © Crown Copyright Unauthorised reproduction infringes Crown Copyright Kents Bank and may lead to prosecution or civil proceedings GRANGE over SANDS

Scale: 1:5000 SUMMARY

The application seeks outline consent in relation to Phase 2 of an overall scheme to develop this part of Land south of Allithwaite Road, Grange. To note, this application has been submitted in conjunction with planning application SL/2018/0897, which is set on the adjacent parcel of land known as Phase 1. The principal issues are as follows: Principle of development, the impact upon the character of the settlement and landscape and highway safety. Drainage is also considered as being a main issue of this scheme, as although the application is in outline only, the Local Planning Authority needs to ensure that the resultant scheme would not lead to flood risk issues within the wider area. The application is brought for consideration by Members of the Planning Committee, as it is a major development and has raised local interest.

RECOMMENDATION

To GRANT planning permission for the proposed development subject to the planning conditions outlined at the end of this report.

DESCRIPTION AND PROPOSAL

Site Description

The site forms part of an allocation for mixed development in the Council’s Land Allocations Development Plan Document (LADPD). The total allocated site has an area of 12.7Ha. This current application refers to approximately 1.8 Ha of the allocated site and is located in the north east corner, and is proposed for Extra Care and Retail use. The site is located on the edge of Kents Bank village, with the village of Allithwaite to the north west. Grange-over-Sands town centre is around 1.25 miles from the site.

The northern boundary of the site is defined by Allithwaite Road, beyond that is open farmland. Long Greaves Wood borders the site on the eastern boundary, with low-rise residential properties beyond that, making up the main body of Kents Bank Village.

The development site borders the remainder of the allocated area to the south and west. The neighbouring land is allocated and intended for residential development, with open green space in the south eastern corner of the development site.

Proposal

This proposal comprises an outline application, all matters reserved, for Phase 2 of the overall development. This application seeks permission for up to 90 extra care units, use class C3. These are currently indicated as partially stand-alone bungalows and partly extra-care apartments. The proposal also includes a separate retail unit comprising up to 495m² commercial space for use classes E and Sui generis. The final layout will be determined at reserved matters stage.

The layout plan has a slight overlap with the Phase 1 plan, which is the concurrent application, set out below. The overlap comprises the western part of the site, which is the location of the proposed commercial units. However, the layout plan for Phase 2 is purely indicative and the precise layout would be determined in a subsequent reserved matters application.

Phase 1 is a full application for 87 dwellings, which also appears on this committee agenda. The application site for Phase 1 is located to the west and south west of this site.

Reference has been made to Phase 3, which forms the remainder of the allocation and is located to the south of this site. No application has been submitted for Phase 3 and although United Utilities refer to it in their consultation, the applicant has not has discussed this with them in any detail at this stage.

PLANNING APPLICATION HISTORY

SL/2018/0897- Concurrent application - Erection of 87 dwellings and associated infrastructure (Phase 1).

CONSULTATIONS

Historic Environment

The applicant has submitted a geo-physical survey provided by the applicant and on this basis an archaeological evaluation and where necessary a scheme of archaeological recoding of the site should be undertaken in advance of development. A condition is therefore suggested securing the above works.

United Utilities

With regard to the above development proposals, we set out below our final comments and observations in respect of both the Phase 1 and Phase 2 schemes. We also provide some recommended planning conditions for inclusion on the Decision Notices for each application. Please note that these conditions have been drafted in consultation with the Lead Local Flood Authority (LLFA).

We note comments submitted by the applicant regarding the phase 3 site and the lack of detail regarding proposals for this phase at this time. We would like to reiterate that it is still the preference of United Utilities and the LLFA to understand the holistic drainage proposals for the entirety of the allocated site. We encourage the applicant to consider the wider drainage strategy thereby taking a holistic view of site drainage across all three phases of development.

We have again reviewed the details submitted as part of these planning applications and it would be helpful to understand if there have been any calculations undertaken for the volume of flows going into the phase 3 infiltration basin from surface water overland flow. If this information is available, we would welcome sight of these calculations.

Notwithstanding the above UU do not object to the proposal and the applicant’s response to the UU comments are set out in the Flood Risk section of the main report.

Planning Policy Team

Concern raised about the provision of a care unit on this site when Policy LA3.2 of the Land Allocations DPD allocates the 11.2ha site for mixed housing (estimated capacity 202 no.) and B1 and B2 employment development (1.5ha). The proposal would also introduce a range of uses that are not specified in Policy LA3.2.

The Core Strategy and Land Allocations plan period runs until 2025 and it is suggested that more information (and further marketing) is required to establish the longer term prospects of the site for employment development. In order for a view to be taken that allocated employment land is deemed appropriate to be developed for alternative uses there should be a high degree of confidence that there is no reasonable prospect of the site being developed for its intended use over the plan period.

The Cumbria Extra Care and Supported Living Housing Strategy 2016-25 identified a shortfall of 500 additional extra care units by 2025 across South Lakeland, taking into account known new supply. Further work undertaken by Cumbria County Council in 2017 disaggregated this district wide figure to a settlement basis, and identified an approximate shortfall of 93 extra care units in the Grange area (Grange over- Sands, Cartmel, Holker, Staveley-in-Cartmel) by 2025. The Council’s Strategic Housing Market Area Assessment (published October 2017), found a similar level of need for specialist (extra care) housing in the Cartmel Peninsula housing market area and projected a need for 203 additional extra care units across the period 2016-36. The significant need for additional specialist housing in the Grange-over-Sands area cannot therefore be disputed.

It is considered that the transport assessment and framework travel plan both overstate the pedestrian accessibility of the site to local facilities. Facilities in Allithwaite are limited to a pub and post office/small shop with limited opening hours, and the route from the proposal site includes stretches of road with no footway. This cannot reasonably be described as convenient, particularly for frailer older people or those with limited mobility.

The proposal includes potential provision for up to 497 square metres of retail uses, comprising of a likely larger unit of 375 square metres for retail use, and a smaller unit of 120 square metres for retail, restaurant/cafe, takeaway or medical/health services. The Planning Policy Assessment accompanying the proposal has identified that a sequential test therefore needs to be satisfied, and proceeds to undertake the assessment. The findings of the sequential test in the assessment are not disputed.

In response to the Planning Policy comments paragraph 89 of the Planning Framework states that when assessing applications for retail and leisure development outside town centres, which are not in accordance with an up-to-date plan, local planning authorities should require an impact assessment if the development is over a proportionate, locally set floorspace threshold (if there is no locally set threshold, the default threshold is 2,500m2 of gross floorspace). However, Policy DM23 sets a lower threshold for Grange comprising of 500 square metres. The proposal is below 500m2 and therefore an impact assessment is not required in this case. The accessibility of the site for older residents, the loss of employment land and retail uses outside town centres is discussed in more detail in their respective sections in the main body of the report.

Highways

The traffic impact has been modelled appropriately in 2019 for the network impact and in 2024 for the access junction capacity. All modelled junctions are shown to work within capacity, most with minimal RFC and queue levels, apart from the roundabout in grange which goes up (in 2019) from 0.96 to 0.99. The increases are not significant and are not forecast to have a material impact on the highway. The overall site layout offers good pedestrian and cycle links to Allithwaite Road and Kirkhead Road via the bridleway and Greaves Wood Road. Bus and trains are not frequent but access by foot to them is good. Parking provision should be in-line with the Cumbria Design Development Guide. The visibility splay for the accesses onto Allithwaite Road of 2.4m x 60 m will be sufficient for this 30mph road. There are good footways and cycle-ways provided in the layout and provision for future access / links to Phase 3 of the site. There is no road lighting shown and this will need to be submitted in the detailed submission.

The Highway Authority have no objection to the proposals in principle but recommends conditions that are set out at the foot of the report.

Lead Local Flood Authority

Based on the good infiltration rates from the testing, the overall strategy based on infiltration appears to be a logical proposal. It is noted that much of the hard surfaces are designed as 1:1 infiltration through permeable surfaces, which also provides good treatment. However, further treatment of the highway run-off water should be provided before entering the soakaway.

There should be measures included for temporary works during construction to protect downstream properties. The detail of these measures for review and approval should be conditioned prior to commencement.

It is noted that the foul proposed connection to a UU 225mm combined has been approved by UU.

It is acknowledged that the site itself is at low risk of flooding from all sources. It is in Flood Zone 1, there is no indication of surface water flood risk and limited potential for ground water flooding.

The concern with this site (all phases) is the highway surface water disposal strategy via the soakaways. The infiltration testing at the soakaway location implies the percolation rate is good and there should be no problem with this water soaking into the bedrock limestone.

The geology and hydrogeology of the site in connection with the proposal to discharge water via soakaways gives us cause for concern. As stated in the FRA and Drainage Strategy, the karstic features, fissures and nearby caves present the possibility of subsurface karstic conduits.

We have had concerns about neighbouring sites to the south of Allithwaite Road using similar infiltration soakaways and possible underground routes for the water affecting properties lower down. The concern is that un-attenuated flows via a soakaway might increase the subsurface flows and increase risk downstream. However, it is considered that the drained impermeable highway area is relatively small and that measures could be included in the detailed drainage strategy to control the flow rate or increase the areas of infiltration to satisfactorily mitigate the increased risk.

The Lead Local Flood Authority have no objection to the proposals in principle but recommend conditions that are set out at the foot of the report.

Environment Agency

No objection

Natural England

Green Infrastructure – welcomed the emphasis provided by the applicant in regard to the preservation of key wildlife corridors and the village green. Recommended that a condition be attached to ensure use of native planting and conditions in relation to the provision of bat boxes and swift nests. Also recommend that the applicant use the Defra Construction Code of Practice for the sustainable use of soils during construction, which can be accommodated via the use of a construction method statement.

Environmental Health

Due to the proximity of residential properties and potential underlying bedrock, care must be taken to mitigate disturbance to neighbours through rock breaking and construction practices. As such, conditions relating to the following are recommended;

• The provision of a construction method statement, • The restriction of hours for such construction, • The control of noise during construction, • A scheme which specifies the provisions to be made for the control of noise emanating from any plant, machinery, odour control or ventilation equipment, • A scheme for the installation of equipment to control the emission of odours from the premises, • A scheme to demonstrate how refuse and recycling will be stored and managed within the site, • A scheme showing the proposed lighting plan for external building lights and car park lighting for the development.

Arboriculture Officer

The proposed Phase 2 development will not require the removal of any trees from the site. The current, iterative proposals have an impact on trees subject to TPO located within Greaves Wood, which could be avoided with a reduction in the number of two- bed four person stand-alone units (removal of units 8 and 9) or reconfiguration of the housing layout to retain the number of units with an amended site layout.

The proposed green corridor/green gap buffer of 5m width on the edge of Long Greaves Wood (4824_SK002 M) is not significant as requested in the Development Brief paragraph 3.7.9, especially when development is shown to encroach in to the RPA of trees within the woodland and protected by a TPO.

The proposed narrow green gap will struggle to grow planted trees or shrubs due to shading from the adjacent woodland and proposed dwellings.

The close proximity of the proposed dwellings will lead to pressure for pruning and felling of TPOed trees in the future due to a perceived risk from the trees in the wood, leaf fall and shading from the wood.

Given the issues described above, I would encourage an amended housing layout to address these concerns. This will need to be resolved during a full or reserved matters planning permission application.

Mitigation for hedgerow removal is discussed in the SK Environmental Solutions report at paragraph 6.11. This presumes that the Phase 1 application (ref SL/2018/0897) is approved as submitted. The Arboricultural officer cannot make that assumption in the assessment of this proposal. In any event, mitigation hedgerow planting can be explored further during a full or reserved matters application for phase 2.

Grange over Sands Town Council

No objection

Neighbour Responses

The application has been advertised by way of a planning application site notice, press notice and notification letter. A total of 27 individual objections have been received against this proposal and the details of the objections are summarised below. For clarity, the objections have been grouped in order of the material considerations raised: Traffic / Highways

• Serious traffic congestion on Main Street and Kents Bank Road was identified in the Grange-over-Sands Neighbourhood Plan.

• More commercial units means more commercial traffic coming through Grange from the A590.

• The footpath/cycleway will need to be lit so that is another intrusion into the green gap area. It also enters Kirkhead Road right on the brow of the hill where there is a bend in the road reducing visibility for both pedestrians and drivers. There is also no pavement or street lighting at this point.

• Alterations to the B5277 would obviously be needed if this development proceeds but this will completely urbanise what is currently, and always has been, an unlit B road.

• This route is inherently dangerous for pedestrians, especially mothers with young children and for those with mobility issues, as there are no pavements from the lower end of Holme Lane and along Church Road to the Post Office.

• The distance of this site from the town centre services will inevitably lead to more traffic and congestion along the B5277 and in and through the town centre.

• A piecemeal approach to the planning application for this site also does not reflect the true figures for car usage, which will actually occur if and when the whole site is completed.

• None of the roads through Allithwaite or Grange should be widened or otherwise altered.

Flood Risk

To note, officers have received a substantial drainage assessment submitted on behalf of the residents of Allithwaite. This document has been provided to the LLFA for assessment however in the interests of brevity, its contents have not been duplicated within this part of the Committee report.

• Within the Grange over Sands Neighbourhood Plan there were localised flooding issues identified at ‘Cart Lane, Kirkhead Road, Kentsford Road and around Kents Bank railway station’. Any new development will make this situation much worse. There will be significantly less permeability for surface water due to the buildings and their road infrastructure and the increase in run off is likely to cause yet more serious flooding in the areas identified.

• There seems to be a poor understanding of the issues of implementing soakaway systems when building on Limestone bedrock. Water drains out of these systems with no clear understanding of where it will emerge and it can be many metres away from the SUDs location.

• Responsibility of the upkeep and maintenance of individual soakaways by each household.

• Problems with local infrastructure have increased over recent years with broken and leaking water and gas pipes in Kirkhead Road and Greaves Wood Road combined with the strong smell of sewage around Kents Bank Station and along Kentsford Road especially in the summer months.

• Object to the use of the Green Gap to the north-west of the site at the top of Kirkhead Road being used for the location of a SUDs drainage pond and swale. This is a very large site and space should be made for this infrastructure within the site boundary. It should not encroach on this small area of green gap.

Proposed use classes

• The town has numerous cafes already. In regard to takeaways, there is a fish and chip shop, an Indian restaurant with a takeaway service, two Chinese takeaways/restaurants, a Turkish takeaway, bakers with takeaway options and at least one sandwich outlet. In addition the local hotels offer restaurant services as does the Commodore Inn.

• The application of change of use to classes C3, A1, A3, A5 and D1 is contrary to Land allocations Policy LA3.2.

• This location is unsuitable for Extra Care housing – too far from the services and amenities in Grange town centre, a very poor local bus service and unsafe access for anyone with mobility issues to either Grange or Allithwaite. There is already mounting pressure on local GP services and access to the three Morecambe Bay Health Trust hospitals is almost impossible by public transport.

• Do not believe that a ‘retirement village’ is a suitable use for land in this location especially as SLDC’s Local Plan and Grange-over-Sand’s neighbourhood plan identified this part of the site for commercial development providing employment for professional people and technicians.

Principle of Development

• This site is located in the village of Kents Bank which according to the Local Plan is not a Key Service Centre neither is it considered to have the services and amenities to even be listed as a Local Service Centre unlike Allithwaite, Cartmel, Flookburgh and Cark.

• A whole site planning application should be required because of the size and complexity of the site.

• This is a greenfield site in a semi-rural location. It certainly cannot be considered a small-scale housing development in an urban area.

• Kents Bank has already seen the loss of its only other remaining green field site with the building of 42 new houses at Berry Bank (Oversands View). The development of 11.2 Ha of agricultural land, and the last remaining green field site in Kents Bank, cannot be classed as infill or rounding off and will not meet any particular need.

• The site is not sustainable. The last daily bus arrives in Kents Bank at 14.14 pm (or 14.59 pm in the school holidays). To use public transport to commute to Kendal requires an hour walk, in each direction, from Kents Bank to Grange Railway Station to connect with the X6 bus service. There are no evening or weekend services.

• Policy 8 of the Neighbourhood Plan seeks to provide extra care housing at the Berners Pool site. Evidence in the NP shows that there are high vacancy rates in existing flats for the elderly and what people want is suitable accommodation close to the town centre not apartments too far from all the local services and amenities.

• Concerns over whether there actually is evidence of local need.

• The Local Plan already over provides significantly for housing in Grange over Sands and Kents Bank.

Environmental Impact / Landscape Character

• If this development goes ahead, it will result in the loss of the only remaining green space in the village. It will mean the loss of Kents Bank village as a distinct settlement and it will create an urban area with the coalescence of three settlements – Grange, Kents Bank and Allithwaite.

• At several consultations, residents were assured that this green gap would be completely free of any development but it is now planned to be used for a soakaway drainage system with all the infrastructure that entails and also for a combined footpath/cycleway and the planting of a small copse. There will be a great deal of work within this space, not just during construction, but presumably for ongoing maintenance of the drainage system and constant movement of people through this area as well using the footpath/cycleway.

• It is an important gateway not just for residents but for the many visitors to the area as they enter and leave the Cartmel Peninsula and it helps to retain a feeling of a typical limestone semi-rural landscape with distinct settlements. These planning applications do not comply with the criteria outlined in CS10.2. or the Neighbourhood Plan.

• All buildings will need to incorporate sustainable design solutions, such as Passiv Haus regulations, maximum solar energy capture systems. Roads will need to include heat extraction systems.

• Need for an increased service in trains to Kents Bank to accommodate new residents.

Ecology

• It is an important wildlife corridor which creates a link between Kirkhead and the SSSI of Wartbarrow. Larger mammals i.e. badger, deer and fox move through the site, several species of bat, Tawny owls, buzzards and sparrow hawks hunt and forage over the fields, the hedges and walls provide cover and feeding for a large number and variety of small birds, mammals, amphibians and insects.

• I regret the loss of any of the very old and established hedges and walls as it will take a considerable time for new hedges and walls to establish the same richness and diversity of habitat.

Design

• The design of the care home itself is completely out of character with any surrounding buildings and due to its height and size would be a dominant and very visible feature on the skyline.

• All sections of the NP Justification for Policies concerning the conservation of dry-stone walls are relevant to these planning applications and should be taken into consideration.

• The overall visual impact of this development alongside Phase 1 will appear out of character with the wider landscape with buildings tightly packed together.

POLICY ISSUES

Development Plan:

Planning law requires that applications for planning permission must be determined in accordance with the Development Plan unless material considerations indicate otherwise.

South Lakeland Core Strategy (CS):

Policy CS1.1 Sustainable Development Principles

Policy CS2 Kendal Strategy

Policy CS6.1 Meeting the Housing Requirement Policy CS6.2 Dwelling Mix and Type Policy CS6.3 Provision of Affordable Housing Policy CS6.6 Making Effective and Efficient Use of Land and Buildings Policy CS8.1 Green Infrastructure Policy Policy CS8.2 Protection and Enhancement of Landscape and Settlement Character Policy CS8.3a Accessing Open Space, Sport and Recreation Policy CS8.3b Quantity of Open Space, Sport and Recreation Policy CS8.4 Biodiversity and Geodiversity Policy CS8.7 Sustainable Construction, Energy Efficiency and Renewable Energy Policy CS8.8 Development and Flood Risk Policy CS8.10 Design Policy CS9.1 Social and Community Infrastructure Policy CS9.2 Developer Contributions Policy CS10.2 Transport Impact of New Development

Local Plan Land Allocations: Development Plan Document (LADPD):

Policy LA1.0 Presumption in Favour of Sustainable Development Policy LA1.1 Development Boundaries Policy LA1.3 Housing Allocations

Development Management Policies (DMDPD):

Policy DM1 General Requirements for All Development Policy DM2 Achieving Sustainable High Quality Design Policy DM4 Green and Blue Infrastructure, Open Space, Trees and Landscaping Policy DM6 Flood Risk Management and Sustainable Drainage Systems Policy DM9 Parking Provision, New and Loss of Car Parks Policy DM11 Housing Optional Technical Standards Policy DM23 Retail Uses Outside of Town Centres

Grange over Sands Neighbourhood Plan -2018 - 2027

Supplementary Planning Document: South of Allithwaite Road, Kents Bank, Grange-over-Sands Development Brief 2016

National Planning Policy Framework (NPPF):

Paragraph 11 of outlines the presumption in favour of sustainable development.

Paragraph 59 outlines that to support the Government’s objective of significantly boosting the supply of homes, it is important that a sufficient amount and variety of land can come forward where it is needed, that the needs of groups with specific housing requirements are addressed and that land with permission is developed without unnecessary delay.

Paragraph 85 – sequential test for main town centre uses

Paragraph 89 – impact assessment for retail proposals

Paragraph 117 promotes an effective use of land in meeting the need for homes and other uses, while safeguarding and improving the environment and ensuring safe and healthy living conditions.

Paragraph 122 details that decisions should support development that makes efficient use of land subject to specified criteria relating to the need for different types of housing, availability of land, market conditions and viability, availability and capacity of infrastructure and services, securing well-designed, attractive and healthy places and the desirability of maintaining an area’s settlement character.

Paragraphs 124 – 132 outlines the importance of achieving well-designed places with paragraph 127 setting out the principle that planning decision should ensure that developments will function well and add to the quality of the area, are visually attractive both in terms of architecture, layout and landscaping, are sympathetic to local character and history, have a strong sense of place, optimise the potential of the in terms of amount and mix of development and create safe, inclusive and accessible places.

Paragraphs 155 – 165 outlines the need to prevent inappropriate development in areas at risk of flooding with paragraph 157 setting out the need to apply a sequential test to development.

Paragraphs 174 – 177 outlines the requirement to protect and enhance biodiversity and geodiversity with paragraph 175 stating that planning permission should be refused if significant harm to biodiversity cannot be avoided, mitigated against or compensated for. Paragraph 175 goes on to state that schemes that provide for biodiversity improvements should be encouraged especially where it can secure measureable net gains for biodiversity.

ASSESSMENT

Main Considerations are as follows:

• Principle of Development • Loss of allocated employment land • Retail and Commercial proposals in out of town location • Affordable housing • Accessibility • Flood Risk • Landscape • Ecology • Response to Climate Emergency • Other Material Considerations

Principle of Development (Housing)

Policy CS6.1 – Meeting the housing requirement states that 8,800 dwellings will be built between 2003 and 2025. These dwellings will be built in locations which accord with the Spatial Strategy (CS1.2) having regard to the needs of each location and their capacity to support additional development. The policy further states that allocations of new residential developments will be identified in the Land Allocations DPD

The adopted Land Allocations DPD (Development Plan Document) has allocated the site on Land South of Allithwaite Road, Kents Bank, near to Grange-over-Sands, for a mix of housing and local employment development. Specifically, the DPD (adopted December 2013) provides guidance for around 202 dwellings and 1.5 hectares of employment land and required the preparation of a Development Brief (Paragraph 2.77).

The DPD also includes a site specific policy (LA3.2) relating to the site, which states that the LPA will support a major allocation on this site on Allithwaite Road west of Kent’s Bank. This is the only large site available in Grange-over-Sands and can accommodate both housing and employment needs.

Policy CS6.2 of the Councils Core Strategy states that the provision of purpose-built and/or specialist accommodation for the elderly, in appropriate locations within selected settlements in accordance with CS1, and well served by public transport and local services, will be supported, provided that it does not detract from the character of the surrounding areas or involve the use of land safeguarded for employment purposes where the need for such safeguarding remains.

The site is allocated for mixed use development in the Councils LADPD and therefore it follows it is situated in a sustainable location. The impact on the character of the area and the loss of employment land is dealt with in their respective sections below.

The Grange-over-Sands Neighbourhood Plan recognises the need for additional housing and supports the residential and mixed use development on the sites specified in the Land Allocations DPD. Policy 9 refers to the provision of extra care units at Berners Pool, however, the supporting text gives more general commentary on extra care provision and states the current position in Grange-over-Sands is a range of care provision i.e. care homes and nursing care homes only. It has been realised through the work on the Neighbourhood Plan, as being insufficient to support the growing ageing population over the plan period. Furthermore, there is interest in making additional extra care housing provision in Grange-over-Sands as part of developments that might come forward. Provision within Grange-over-Sands will not only address these needs but also will provide new jobs in the Parish, a key component of this Neighbourhood Plan.

Paragraph 3.3.8 of the Council’s Development Brief of the site states that it is considered that this development could be a suitable location for the provision of Extra Care Housing, which could be delivered in association with the site’s affordable housing contribution.

As per the above policy guidance, it is clear that the principle of development on this site can be accepted. The site has previously been identified as representing a sustainable location for housing, given its proximity to a range of key services and the proposal is acceptable in land use and sustainable development terms as the scheme has significant economic, environmental and social benefits.

It is therefore considered that the principle of residential development on this site is justified. Furthermore, the application provides much needed housing to the district in a location, which is in need of affordable housing for local residents.

Loss of Allocated Employment Land

The Council’s LADPD at policy LA3.2 allocates the 11.2ha site for mixed housing (estimated capacity 202 no.) and B1 and B2 employment development (1.5ha). Given Phase 1 and this application for Phase 2 would not deliver any B1 or B2 employment development, as specified in the policy it is therefore contrary to development plan policy. In mitigation the proposal would introduce a range of non-residential uses namely Classes A1 (Shops) A3 (Restaurants and cafes), A5 (Hot food takeaways) and D1 (Non-residential institutions), although these are not specified in the policy.

Officers also recognise that the Land Allocations DPD identified 3 hectares of land for employment uses in Grange-over-Sands, across three mixed-use sites including the application site, Berners Pool and Guides Lot.

The 1.5 hectares of land identified for B1 and B2 uses on the proposal site therefore comprises half the town’s allocated employment land supply. The Berners Pool site has been partially redeveloped for residential use and a medical centre and around 0.6ha remains available for development, but is unlikely to be developed for employment uses. The Guides Lot site does however remain available for development.

When assessing whether the loss of this designated land could be considered appropriate the Local Planning Authority needs to be satisfied that the employment use would not come forward under reasonable circumstances and that the applicant has reasonably attempted to market the site for its intended use over a period of at least 12 months. This exercise allows the plan making process to be flexible whilst taking into account market signals in the decision making process. Account should also need to be taken in regard to the plan period, in this instance the relevant plan relates to the LADPD, which runs from 2013 – 2025.

In this regard, the applicant has provided account of the marketing activities associated with the site and has confirmed that there have been no reasonable offers in relation to the employment use. The marketing strategy was carried out between 2016-2018, with the site advertised by an on site advertising board, direct mail to agents operating in Cumbria and Lancashire, press advertisements in local papers and wider marketing to property media sites. From this advertising they only had one positive line of inquiry from a veterinary practice, who wished to take on only a portion of the site and it was considered there was insufficient justification to bring the whole site forward as a development option. Furthermore, this use did not fall within B1 or B2 use class as required by the proposed allocation.

The assessment makes it clear that since 2016 there has been no interest from employment businesses with the main driver for business location being the requirement for business to be located close to the A590 and the M6 motorway. The conclusion being that there is very little prospect of securing employment development on the application site.

In this instance officers have considered the other two employment allocated sites (Berner’s Pool and Guide’s Lot) – located further east and closer to the strategic highway network and it is noted that they have remained undeveloped for B1 and B2 employment uses since the adoption of the LADPD. It is also important to note that the Core Strategy is two thirds through its plan-period, with only five years remaining. With these factors given appropriate weight within the planning balance, it was not considered that any further marketing exercise should be undertaken, given the maturity of the plan and the reasonable steps taken by the applicant to market the site, and it is therefore recognised by officers that a departure from the development plan can be tolerated with regard to the alternative use of the site.

It should also be noted that the proposed residential care home does provide economic benefit in relation to the employment activities required to run the business. These benefits include the staffing of the home and the cross market links to supporting businesses within the same sector.

As a guide to the employment generation of the development proposed through this application, the following are a reasonable projection (based on Homes and Community Agency guidance):

• 90-unit care facility: upwards of 20 staff, comprising:

o care staff, including front line care, housing and domestic staff o management staff, including care management and estate management o cleaning staff o night-workers o ancillary staff

• 247m2 retail unit: estimated 12-15 staff

• 120m2 commercial use: estimated 8 staff

For this particular site, this would result in an approximate provision of up to 40 jobs, of a range of skills, across various working practices with take up within the existing local community. The list of site-based staff does not include those off-site workers directly related to the business, including health and safety, HR, finance, IT, legal and public relations. Officers consider that it is entirely plausible that would be equivalent to the number of jobs created by a B2 development, had such a use been viable. This use cannot therefore be seen in isolation and the benefits to the local economy are given due weight within this assessment.

In conclusion, officers consider that the employment allocation is based on a mature policy that does not accurately reflect the current market reality and is highly unlikely to be delivered in the current plan period. To hold out for the allocated use would sterilise the land for the foreseeable future and preclude a viable market opportunity to be delivered, providing an alternative use for a recognised local need and employment.

Retail Units outside Town Centre

The proposal includes a mixture of retail use, comprising shop, restaurant and cafe & non-residential institution and hot food takeaway with up to 495 sq metres gross floorspace proposed. However, the proposal is indicative and only the principle of this type of development is being sought for approval at the outline stage. At this stage it is not known whether the proposed commercial aspect would be a stand-alone proposal or contained within the extra care accommodation as is common with other similar developments. Notwithstanding this the proposal is for a retail development outside the town centre and therefore Paragraphs 86 and 89 of the Planning Framework and Policy DM23 of the Council’ s Development Management Policies are of relevance.

Paragraph 89 of the Framework states that when assessing applications for retail and leisure development outside town centres, which are not in accordance with an up-to- date plan, local planning authorities should require an impact assessment if the development is over a proportionate, locally set floorspace threshold (if there is no locally set threshold, the default threshold is 2,500m2 of gross floorspace).

Policy DM23 refers to retail uses outside the town centre and has a locally set floorspace of 500 square metres for Grange. The proposed commercial floorspace would be up to 495 square metres and therefore an impact assessment would not be required in this case.

With regard to a sequential test, Paragraph 86 of the Framework states that local planning authorities should apply a sequential test to planning applications for main town centre uses which are neither in an existing centre nor in accordance with an up- to-date plan

The applicant has provided a sequential assessment in support of the planning application. The sequential test has been undertaken on the basis that proposals for retail development should be located within town centres as the first option. If development cannot be accommodated within a centre, out of centre sites will be acceptable but only if no suitable town or edge of centre sites are available or expected to become available within a reasonable period.

The applicant’s conclusion is that consideration has been given to whether there are suitable sites available in a sequentially preferable location to accommodate the town centre uses that form part of the current application. Grange Town Centre is highly constrained by topography, occupying a relatively narrow band between Morecambe Bay and high land to the west. The exercise undertaken shows that there are no allocated sites within or immediately adjacent to the town centre that might accommodate the current application. The Berners Pool site allocated in the Site Allocations DPD would qualify as an edge of centre site. However, this allocation has since been developed for housing and a medical centre. The allocation to the south of Thornfield Road is out of centre but in any event, has been developed for housing.

The applicant has also considered land and premises within the town centre and concluded that the former car showroom at Station Square is owned by E H Booths and, in the recent past, has had the benefit of planning permission for the development of a supermarket. Whilst Booths retain ownership of the site, the former garage showroom is presently used as a charity shop. The evidence from the Council’s planning files is that Booths intend to return to this development opportunity in the future. The site is not available to accommodate the town centre uses proposed within the current application.

Furthermore, the applicant also considers that at the time of undertaking fieldwork for this assessment there were six vacant premises within the town centre, three of which are vacant former banks. The largest of these has a ground floor area of 120 square metres. These premises are all too small to be suitable to accommodate commercial uses within the application. The conclusion from this exercise is that there are no suitable sites or premises available in a sequentially preferable location to accommodate the commercial component of the current application and as such, the application satisfies the sequential test.

Officers have assessed the conclusions of the applicant’s sequential assessment and concur with its findings and therefore the proposal satisfies the sequential test.

Affordable Housing

The proposal is in outline with all matters reserved. Therefore, the location and type of affordable housing has not yet been established. Policy CS6.3 of the Core Strategy requires that on all schemes of three or more dwellings in the Local Service Centres, not less than 35% of the total number of dwellings proposed are affordable. The applicant has clarified that the proposal will be policy compliant. Their position is that once they have an operator with an agreed position, they can enter in to detailed and operator agreed discussions on the affordable housing provision and mix at reserved matters stage and to bear in mind that phase two may ultimately be providing an above policy affordable offer. At this stage officers consider a planning condition to require a policy compliant of 35% is sufficient to secure the affordable housing for this outline proposal.

Accessibility

Clear concern has been raised against the proposal in regard to the accessibility of the site to wider services provided within Grange-over-Sands and Allithwaite. These concerns point to the difficulties that could be encountered by residents of the care facility in accessing such services and the poor connections that exist between the site and the surrounding environment. Such concerns were reiterated by Planning Policy who have commented that service provision within walking distance to the site is minimal and that frail residents would struggle to reach services provided further afield.

It is noted that this site, although on the edge of Grange is indeed out on a limb from the main settlement and that walking to such services provided at these locations would likely prove difficult for residents of the care facility. However, officers also noted that access to the local train station can be accommodated for those residents who are more mobile in the same manner as access to this station is provided to those residents set along Kirkhead Road.

Moreover, for those residents for whom walking is much more difficult, it is likely that the use of taxi services or indeed transport provided by the care facility itself would be necessary. In this regard, such provision would also be necessary for residents who are located in much closer proximity to local services and officers do not consider that this proposed facility should be viewed as unsustainable on this basis. The applicant has also confirmed that the care facility would provide on-site services to satisfy the residents, and when coupled with the adjacent retail provision officers once more consider that the proposal is not contrary to local plan policy. A condition is suggested to require the applicant to provide a statement on the provision of commercial facilities at the reserved matters stage.

This stance is recognised within the consultation response received from the Planning Policy team, which states that significant provision of on-site facilities and services should be considered to ensure that the scheme provides a sustainable level of accommodation for the residents. These details will therefore be required to form part of any subsequent reserved matters application.

Notwithstanding the objections received from the Policy team about the suitability of the site for an extra care facility, officers have to balance this objection against the provisions of the adopted development brief provided by the Council, which specifically refers to the provision of an extra care facility on this site. This point is referenced at paragraph 3.3.8 and states that it is considered that this development could be a suitable location for the provision of Extra Care Housing, which could be delivered in association with the site’s affordable housing contribution.

Notwithstanding the objections received in this regard, it is the consideration of officers that the location of this site has already been deemed acceptable for both residential purposes and for an extra car facility, as noted within the development brief for the site. On this basis, positive weight is therefore provided in favour of this element of the proposal.

Flood Risk

In response to the UU and LLFA comments that they would like to understand the holistic drainage proposals for the entirety of the allocated site, i.e. including Phase 3, the applicant has responded that they note although LLFA and UU have raised this as an issue they do not have any objections to the application as proposed and are happy for it to be determined accordingly. At this stage, the applicant has not undertaken the necessary design or engineering work to issue anything meaningful in response to this question, and it would be misleading for them to do so.

The applicant continues that extensive negotiations have been undertaken with the LLFA and their engineers and they are happy to work with the LLFA when the time comes to develop Phase 3, to find a solution that is amenable to all parties, but as of yet, there are no plans and it may be some considerable time before Phase 3 comes forward.

The applicant also notes that the LPA have registered phases one and two as live applications, and this was following extensive and formal pre-application work with the LPA and the LLFA: as such, it is not necessary for the phase 3 matters to be discussed now, and they will be addressed at the time the phase 3 application is prepared.

Landscape

One key issue is the impact the proposed development would have upon the wider landscape character. The proposal is in outline and the submitted drawings for this proposal being iterative in nature, however they do provide a reasonable understanding of the likely form and scale of the development that would be submitted on reserved matters.

The drawings show the retained woodland which runs up to Allithwaite Road leading on to a row of 12 single storey dormer bungalows and the main site access. These buildings are small-scale structures, which are set back from the main highway and would have little street scene impact when viewed from outside of the application site. Furthermore, the bungalows being provided on the eastern side of the site would result in the stepping down of the built form towards the existing dormer bungalows of Kents Bank village.

The main impact of the proposal is much more likely to result from the care facility and the adjacent retail outlet, which are set on the western aspect of the main site access. In this regard, it is considered that this element can be designed to reduce the visual impact of this building, and the iterative drawings illustrate features involving the stepping down of the front elevation at two storeys, stepping down the rear elevation to reduce the massing, and using the natural slope of the site to create a lower ground floor. The retail units would also act to build up the development to the care facility, reducing the visual impact on approach from the west. With care taken during the latter reserved matters process officers, consider that a building of this nature would present itself as a two-storey structure when viewed from Allithwaite Road, something which would be considered appropriate, given the overall strategy for this site. Furthermore, B1 and B2 units as required in the development brief would probably be of a larger scale than the proposed retail units would.

In terms of layout, although the plans are indicative the applicant has stated that all apartments and bungalows will be designed in line with the Councils Development Management Policy DM11 relating to part M4(2) Category 2 - Accessible and Adaptable dwellings. Furthermore, the extra care will provide lift access to all floors. A condition to secured Policy DM11 compliance is considered necessary.

Overall, the assessment made against this proposal about design and landscape impacts has found that there would not be such harm as to result in a refusal. It is granted that the rural nature of the site will be lost, however this point has already been accepted via the designation of the site for development within the Land Allocations DPD. The site is large and can accommodate a development of this size, and given overall strategy for the wider site, a development of this scale would not appear out of character when viewed from the wider environment.

Ecology

In consultation with the Environment Agency, the Council Arboriculturalist and Natural England, they have all have provided positive comment in relation to the application and conditions have been recommended in regard to the provision of bat and swift boxes, hedgehog highways and the use of native species throughout the wildlife corridors proposed running through the site.

The Council Arboriculturalist officer did however raise concern about the wildlife corridor located to the east of the site. The indicative plan does show some encroachment upon the root protection areas of the trees set within the woodland, which are protected by an existing TPO. The indicative layout of the scheme would likely lead to future pressures from residents within the bungalows to prune back the tree cover. However, the plan is purely indicative and this issue could be dealt with at the reserved matters stage when detailed layout plans are submitted.

Policy DM4 of the Council’s Development Management Polices states that all development proposals should, unless it can be demonstrated that it is not possible, result in environmental net gains for biodiversity, green and blue infrastructure and demonstrate how the use of multifunctional green and blue infrastructure will deliver wider requirements and objectives. These gains should be quantitative and should be clearly demonstrated as a net gain as a result of development.

The design and access statement refers to significant landscaping particularly around the extra care block and together with the provision of bat and swift boxes, all of which can be secured by condition this represents a demonstrative bio-diversity gain and therefore accords with Policy DM4.

Climate Emergency Response

The design and access statement refers to sustainable design and construction taking into account the resources used in construction, and of the environmental, social and economic impacts of the construction process itself and of how buildings are designed and used.

The detailed design of the proposals will be considered further for submission of matters reserved. It is intended that a 'fabric first' approach will be considered to reduce capital and operational costs, improve energy efficiency and reduce carbon emissions, as well as reducing the need for maintenance throughout the buildings life. In order to prevent overheating, apartments all have opening windows, and balconies.

Other considerations for passive cooling could include; • Ventilation from apartments to corridors • Solar shading • Solar control glass • MVHR system which is a Mechanical Ventilation with Heat Recovery and consists of a continuous source of ventilation that extracts stale, moisture-laden air from a building and resupplies fresh, filtered air back in, resulting in a comfortable and condensation free environment all year round.

The proposals are considered an acceptable response to the Council’s Climate Emergency. Further details would be fully assessed in a subsequent reserved matters application.

Other Material Considerations

With regard to the neighbour’s objections, officers can respond as follows:

• Traffic / Highways

The increases in traffic generation are not significant and are not forecast to have a material impact on the highway. The commercial units are modest in size and would not require large delivery vehicles, the section of highway leading from the access towards Kents Bank would change in character, however, the site is allocated for development as an extension to Kents Bank. The footpath leading from the site along Allithwaite Road would be retained. The highway authority have stated that the overall site layout offers good pedestrian and cycle links to Allithwaite Road and Kirkhead Road via the bridleway and Greaves Wood Road.

This proposal is for Phase 2 and is being determined with Phase 1, which together includes a significant part of the overall allocation.

In terms of the objections based on flood risk, this is dealt within the Flood Risk section of this report and the report for Phase 1, which also appears on this committee agenda. Furthermore, the development of a SUD’s drainage pond is acceptable in the Green Gap as it will enhance the character of the area and does not involve any ‘built development’.

It is accepted there are number of cafes and hot food takeaways in Grange. The precise arrangement of the commercial aspect of the development has not been finalised, however this will provide a local facility for the future and nearby local residents. The provision of extra care housing in this location is accepted, particularly as there will be proposed local facilities within the site.

The proposal together with Phase 1 is not considered a small-scale housing development in an urban area; it is a large development on an allocated site on the edge of Kents Bank. The proposal will provide protection of the Green Gap to the west of the development site and will ensure there is separation from Kents Bank and Allithwaite.

The site is located in a sustainable location on the edge of the built form. There are nearby bus services and Kents Bank train station is located close to the southern boundary of the site.

Policy 8 of the Neighbourhood Plan refers to extra care housing at Berners Pool, however it also mentions there is a significant need for such provision in the wider area.

The proposal will overall provide a bio-diversity gain in accordance with Policy DM4.

The design of the care home has yet to be finalised, however, a two-storey height at the front of the building with a three-storey aspect at the rear would not be inappropriate for the character of the area.

Overall, the neighbour’s concerns are noted and have been addressed.

Conclusion

The proposal will provide new homes on a designated site within a sustainable location in accordance with policies CS1.1, CS1.2 and CS2 of the Core Strategy. The provision will include 35% affordable homes as required by policy CS6.3 and will provide facilities for the elderly, with Grange over Sands being considered in significant need for additional specialist housing. Conclusion on the loss of employment in the allocation and allowing retail etc would be useful here.

Recommendation APPROVE subject to the following conditions: Condition (1) Approval of the details of the siting, design and external appearance of the building(s), the means of access thereto and the landscaping of the site (hereinafter called “the reserved matters”) shall be obtained from the Local Planning Authority in writing before any development is commenced. Plans and particulars of the reserved matters referred to above, relating to the siting, design and external appearance of any building to be erected, the means of access to the site and the landscaping of the site, shall be submitted in writing to the local planning authority and shall be carried out as approved. Reason: To comply with the requirements of Section 91 (1) of the Town and Country Planning Act 1990 (as amended). Condition (2) a) Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. b) The development hereby permitted shall be begun before the expiration of two years from the date of this permission, or before the expiration of three years from the date of approval of the last of the reserved matters to be approved, whichever is the later Reason: To comply with the requirements of Section 92 of the Town and Country Planning Act 1990 (as amended) Condition (3) The development hereby permitted shall be carried out in accordance with the following approved plans: 4824_SK001_E Existing Site Plan 4824_SK002_M Indicative Site Plan 4824_SK010_B Location Plan Design and Access Statement_Rev B 10-877-r1 Phase 1 Geo-Environmental Assessment K32662-04_A Preliminary Ground Investigation Report Flood risk assessment and drainage strategy report K32662/05/FRA/RH ISSUE A 3RD OCTOBER 2018 K32662-06 Operation & Maintenance Plan for Sustainable Drainage Systems K32662/A1/21_A Indicative Drainage Layout_Phase 2 Reason: For the avoidance of doubt and in the interests of proper planning. Condition (3) At the submission of an application for the reserved matters for the extra- care facility, a statement setting out the on-site amenities and services intended to be provided by the extra-care operator shall be submitted to and approved by the Local Planning Authority. The development shall be fully implemented in accordance with the approved details. In the event that a separate standalone commercial unit to be run by another operator is proposed, then the statement should also indicate an expected timeframe for the construction and operation of that commercial facility.”

Reason: In order that, should the extra-care facility be delivered first, prospective users of the extra-care facility will understand what facilities will be on offer on the site before they commit to live at the development. Condition (4) The dwellings hereby approved shall be constructed to meet the Building Regulations M4(1) M4(2) and M4(3) standards for accessible and adaptable homes as per the Design and Access Statement. Reason: To ensure the approved dwellings are fully accessible in accordance with Policy DM11 of the Councils Development Management Policies. Condition (5) No development shall take place until a scheme for the provision of affordable housing as part of the development has been submitted to and approved in writing by the Local Planning Authority. The affordable housing should be provided in accordance with the approved scheme and shall meet the definition of affordable housing in Annex 2: Glossary of National Planning Policy Framework or any future guidance that replaces it. scheme. The scheme shall include: i. The numbers, type, tenure and location on the site of the affordable housing provision to be made, which shall consist of not less than 35% of residential units, unless otherwise agreed in writing with the LPA. ii. The timing of the construction of the affordable housing and its phasing in relation to the occupancy of the market housing; iii. The arrangements for the transfer of affordable housing to an affordable housing provider or the arrangement of the management of the affordable housing if no RSL is involved; iv. The arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing; v. The occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria should be enforced. The affordable housing shall be retained in accordance with the approved scheme.

Reason: In order to ensure affordable housing is provided as part of this scheme and in accordance with Policy CS6.3 of the Councils Core Strategy Condition (6) Prior to the erection of any superstructure plans shall be submitted to the Local Planning Authority for written approval to the proposed biodiversity net gains in respect of Swift bricks / bird and bat boxes. The approved details shall be fully implemented and retained thereafter. Reason: To ensure the development meets its objective to accord with the DM DPD Policy DM4, and in accordance with the National Planning Policy Framework paragraphs 174(b).

Condition (7) As part of the submission of the first reserved matter a sustainable surface water drainage scheme shall be submitted to and approved in writing by the Local Planning Authority. The surface water drainage scheme shall be in accordance with the principles within the submitted flood risk assessment and drainage strategy report K32662/05/FRA/RH ISSUE A 3RD OCTOBER 2018 and:

(i) shall be designed to meet the requirements of the non-statutory technical standards for sustainable drainage systems (March 2015) or any subsequent replacement national standards; (ii) no surface water, highway drainage or land drainage shall discharge to the public sewerage system either directly or indirectly; (iii) shall include a timetable for its implementation; and (iv) shall include a strategy for any temporary arrangements during construction of the development.

The development hereby permitted shall be carried out only in accordance with the approved drainage scheme and retained thereafter for the lifetime of the development.

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

Condition (8) As part of the submission of the first reserved matter a foul water drainage scheme shall be submitted to and approved in writing by the Local Planning Authority. The foul water drainage scheme shall include the following as a minimum:

(i) Full details of any connections to the foul sewer network and any necessary infrastructure; (ii) Ground and finished floor levels in AOD; (iii) Identify any parts of the site where foul pumping is necessary. Thereafter the scheme shall minimise the number of pumping stations throughout the site; (iv) The timing arrangements, storage requirements and rate of discharge for any pumped foul discharge; and (v) A strategy for any temporary arrangements during construction of the development. The development hereby permitted shall be carried out only in accordance with the approved drainage scheme and retained thereafter for the lifetime of the development.

Reason: To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution. This condition is imposed in light of policies within the NPPF and NPPG.

Condition (9 ) All foul and surface water shall be drained on separate systems.

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

Condition (10) All private paths, private driveways and other private hardstanding areas shall be constructed of permeable surfaces. The details for these permeable surfaces shall be submitted to the Local Planning Authority and approved in writing prior to the commencement of development. The development shall be constructed in accordance with the approved details and the permeable surfaces shall be retained thereafter for the lifetime of the development.

Reason: To promote sustainable development and to reduce the risk of flooding and pollution.

Condition (11) The carriageway, footways, footpaths, cycleways etc shall be designed, constructed, 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 work commences on site. 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 complete.

Reason: To ensure a minimum standard of construction in the interests of highway safety.

Condition (12) The development shall not commence until the second (eastern) access off Allithwaite Road, as per drawing reference 4824_SK002 M, has been constructed providing visibility splays of 60 metres measured 2.4 metres down the centre of the access road and the nearside channel line of the major road. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order) relating to permitted development, no structure, vehicle or object of any kind shall be erected, parked or placed and no trees, bushes or other plants shall be planted or be permitted to grown within the visibility splay which obstruct the visibility splays. The visibility splays shall be constructed before general development of the site commences so that construction traffic is safeguarded.

Reason: In the interests of highway safety.

Condition (13) Full details of the surface water drainage system (incorporating SUDs features as far as practicable) and a maintenance schedule shall be submitted to the Local Planning Authority for approval prior to development being commenced. Any approved works shall be implemented prior to the development being completed and shall be maintained thereafter in accordance with the schedule.

Reason: To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution. To ensure the surface water system continues to function as designed and that flood risk is not increased within the site or elsewhere.

Condition (14) No construction work for this development should take place on the site, except between the hours 08.00 - 18.00 Monday to Friday and 09.00 – 13.00 on Saturdays. In particular, no work should be carried out on Sundays or officially recognised public holidays without the prior agreement in writing of the Local Planning Authority. Reason: To safeguard future residents and protect amenity of nearby residents from noise disturbance.

Condition (15) Prior to the commencement of development a Construction Phase Traffic Management Plan (CTMP) shall be submitted to and approved in writing by the local planning authority. The CTMP shall include details of: • pre-construction road condition established by a detailed survey for accommodation works within the highways boundary conducted with a Highway Authority representative; with all post repairs carried out to the satisfaction of the Local Highway Authority at the applicants expense; • details of proposed crossings of the highway verge; • retained areas for vehicle parking, manoeuvring, loading and unloading for their specific purpose during the development; • cleaning of site entrances and the adjacent public highway; • details of proposed wheel washing facilities; • the sheeting of all HGVs taking spoil to/from the site to prevent spillage or deposit of any materials on the highway; • construction vehicle routing; • the management of junctions to and crossings of the public highway and other public rights of way/footway; • the sustainable use of soil during construction in accordance with the Defra Construction Code of Practice. • the control of noise during construction, • a scheme which specifies the provisions to be made for the control of noise emanating from any plant, machinery, odour control or ventilation equipment • a scheme for the installation of equipment to control the emission of odours from the premises • a scheme to demonstrate how refuse and recycling will be stored and managed within the site • a scheme showing the proposed lighting plan for external building lights and car park lighting for the development

Reason: To safeguard future residents and protect amenity of nearby residents from noise disturbance.

Condition (16) No development 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 by the Local Planning Authority. This written scheme will include the following components: 1) An archaeological evaluation 2) An archaeological recording programme the scope of which will be dependent upon the results of the evaluation. 3) Where significant archaeological remains are revealed by the programme of archaeological work, there shall be carried out within one year of the completion of that programme on site, or within such timescale as otherwise agreed in writing by the Local Planning Authority 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 for an examination to be made to determine the existence of any remains of archaeological interest within the site and for the preservation, examination or recording of such remains.

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4824 _SK010 B / ALLITHWAITE ROAD, KENTS BANK / LOCA / BANK KENTS ROAD, ALLITHWAITE / B _SK010 4824

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