Summons to Meeting

Thursday 16 February 2017 Development Panel Tuesday 28 February 2017, 1.00 pm Council Chamber, Allerdale House

Membership:

Councillor Peter Bales (Chair) Councillor Carole Armstrong (Vice-Chair) Councillor Nicky Cockburn Councillor Adrian Davis-Johnston Councillor Janet Farebrother Councillor Malcolm Grainger Councillor Mark Jenkinson Councillor Billy Miskelly Councillor Ron Munby Councillor Jim Osborn Councillor Bill Pegram Councillor David Wilson

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 - 8) To sign as a correct record the minutes of the meetings held on 1 November, 29 November and 20 December 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 Councillors and members of the public – submitted in writing or by electronic mail no later than 5.00pm, 2 working days before the meeting. 5. 2/2016/0668 - Demolition of disused barn and change of use of land to incorporate two holiday lodges (Resubmission of 2/2016/0364) - Ellen Hall, Gilcrux, Wigton (Pages 9 - 18) http://planning.allerdale.gov.uk/portal/servlets/ApplicationSearchServlet?PKID=1 49484 6. 2/2016/0747 - Outline application for residential development including access - Part Field 7800, Newton Arlosh, Wigton (Pages 19 - 32) http://planning.allerdale.gov.uk/portal/servlets/ApplicationSearchServlet?PKID=1 51579 7. 2/2016/0606 - Provide new tourist accommodation, this will be in the form of a touring caravan park and static camping pod area, with associated parking and sanitary facilities - Melbreak Hotel, Winscales Road, Little Clifton (Pages 33 - 46) http://planning.allerdale.gov.uk/portal/servlets/ApplicationSearchServlet?PKID=1 48258 8. 2/2016/0774 - Advertisement consent for a single hoarding sign and stone faced forecourt sign (Resubmission) - Premier Inn, Egremont Road, Cockermouth (Pages 47 - 54) http://planning.allerdale.gov.uk/portal/servlets/ApplicationSearchServlet?PKID=1 52088

Deputy Monitoring Officer

Date of Next Meeting:

Tuesday 21 March 2017, 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 November 2016 at 1.00 pm

Members

P Bales (Chairman)

T Annison B Miskelly C M Armstrong R Munby A Davis-Johnston J Osborn J Farebrother B Pegram M Fitzgerald D Wilson M Grainger

Apologies for absence were received from Councillor N Cockburn

Staff Present

B Carlin, D Devine, A Gilbert, K Kerrigan, C Liddle, A Seekings, S Sewell and G Wilson

230 Minutes

The minutes of the meetings held on 16 August, 6 September, 27 September and 18 October 2016 were signed as a correct record.

231 Declaration of Interests

None declared.

232 Questions

None received.

233 CON4/2014/0350 - Compliance with condition 6 as amended under planning approval AM/2014/0350 relating to noise - Dovenby Hall, Dovenby, Cockermouth

Representations

Peter Nicholson, Bill Carr, Ian Chambers, Michael Fossey (both on his own behalf and on behalf of Michael White) and Eleanor Carr spoke in objection the application.

Councillor N Cockburn spoke on the application as Ward Councillor.

The agent, Eddie Ward, spoke on the application.

Application

The Head of Development Services recommended approval.

Page 1 The Head of Development Services outlined the application and detailed the main issues within the report as follows:

Acceptability of Noise Management Plan:

The fundamental principles of the Noise Management Plan were agreed through the grant of planning permission for the M Sport testing and evaluation centre at Dovenby Hall. Condition 6 attached to this permission requires the updated NMP to be based on these principles.

The main issues to be agreed through the approval of this updated NMP are the control levels for LAeq 5 minutes and LAmax. The levels now proposed have been arrived at taking into account advice from specialist acoustic consultants appointed by the Council and detailed consideration of the existing noise climate in the vicinity of the site.

The basic principles of the noise monitoring methodology i.e. the use of trackside monitoring, are as previously agreed and are considered acceptable. The precise details of the number and location of the monitors have yet to be agreed and it is considered more appropriate that this level of technical detail be agreed as part of the physical testing process and before the operational use of the track commences.

It is considered that the proposed noise management plan puts in place a number of complementary control measures that balance the operational requirements of the test facility whilst safeguarding the amenity of local residents, which was the purpose of imposing the planning condition.

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

Councillor C Armstrong moved that the application be approved subject to an amendment to paragraph 6.1 of the Noise Management Plan to ensure that in relation to the controlled noise levels “measurements will be undertaken in the worst case position, whether that is free field or façade” and that approval of the amendment be delegated to the Head of Development Services in consultation with the Head of Housing and Health and that where further technical approval is required in accordance with the approved Noise Management Plan, such approval be delegated to the Head of Development Services, in consultation with the Head of Housing and Health. Councillor B Pegram seconded.

A vote was taken; 10 in favour of approval, 2 against.

The motion in favour of approval was carried.

Decision

Approved

The meeting closed at 3.55 pm

Page 2 At a meeting of the Development Panel held in Council Chamber, Allerdale House on Tuesday 29 November 2016 at 1.00 pm

Members

P Bales (Chairman)

A Davis-Johnston B Miskelly J Farebrother R Munby M Fitzgerald J Osborn M Grainger B Pegram M Jenkinson D Wilson F Johnston

Apologies for absence were received from Councillors C M Armstrong and N Cockburn

Staff Present

B Carlin, H Carruthers, C Chambers, D Devine, K Kerrigan and S Sewell

276 Declaration of Interests

None declared.

277 Questions

None received.

278 2/2016/0606 - Provide new tourist accommodation - Melbreak Hotel, Winscales Road, Little Clifton, Workington - Provide new tourist accommodation, this will be in the form of a touring caravan park and static camping pod area, with associated parking and sanitary facilities

Item deferred.

279 2/2016/0668 - Two holiday cottages - Ellen Hall, Gilcrux, Wigton - Demolition of disused barn and change of use of land to incorporate two holiday lodges (resubmission of 2/2016/0364)

Representations

The agent, Stuart Woodall, spoke on the application.

Application

The Senior Planning Officer recommended refusal

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

Page 3  Siting

Not considered acceptable due to flood risk.

 Design and materials

Design and materials considered acceptable.

 Residential amenity

No significant effects on residential amenity.

 Access and parking

No highway objections subject to conditions.

 Drainage

A suitable scheme can be achieved.

 Flood Risk

Unacceptable development within Flood Zone 3. Sequential test has not been satisfied.

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

The Senior Planning Officer informed members that additional information in support of the application had been received.

Councillor M Fitzgerald moved that members considered that the sequential test had been satisfied and that the application be deferred to enable the Environment Agency to be consulted on the flood risk assessment and exception test. Councillor A Davis-Johnston seconded.

A vote was taken; 9 in favour of deferral, 3 against.

The motion in favour of deferral was carried.

Decision

Deferred

The meeting closed at 1.37 pm

Page 4 At a meeting of the Development Panel held in Council Chamber, Allerdale House on Tuesday 20 December 2016 at 1.00 pm

Members

P Bales (Chairman)

C M Armstrong F Johnston A Davis-Johnston R Munby J Farebrother J Osborn M Fitzgerald B Pegram M Grainger D Wilson M Jenkinson

Apologies for absence were received from Councillors N Cockburn and B Miskelly

Staff Present

H Carruthers, D Devine, J Eaton, C Fleming, K Kerrigan and A Seekings

302 Minutes

The minutes of the meeting held on 15 November 2016 were signed as a correct record.

303 Declaration of Interests

None declared.

304 Questions

None received.

305 2/2016/0655 - Variation of condition 2 and 7 on planning approval 2/2014/0089 - Land at Longcroft House, Grayson Green, High Harrington

Application withdrawn.

306 2/2016/0686 - Outline application for erection of four dwellings with all matters reserved - Fair View, Winscales Road, Workington

Representations

The agent, Eric Telford, spoke on the application

Application

The Planning Officer recommended refusal

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

Page 5  Principle of Development

The proposed development of four dwellings is considered unsustainable at this open countryside location and would undermine the Council's housing strategy and settlement hierarchy. The proposed development would not satisfy any of the housing exceptions within Policy S3 that considers residential development in the open countryside.

 Reserved matters

The application has been submitted and validated as an outline application with all matters reserved. Site access, layout, scale, appearance and landscaping are the reserved matters and are not subject of this application. The layout provided by the applicant is illustrative only and not a material consideration at this outline stage.

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

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

A vote was taken; 8 in favour of refusal, 4 against.

The motion in favour of refusal was carried.

Decision

Refused

Reasons for Refusal

1. The proposed development of four dwellings is considered unsustainable at this open countryside location and would undermine the Council's housing strategy and settlement hierarchy contrary to Policies S1 S2 S3 and S5 of the Allerdale Local Plan Part 1 Adopted 2014 and the sustainable principles and Paragraph 55 of the NPPF.

2. The proposed development would not satisfy any of the exceptions within Policy S3 (a,b,g) of the Allerdale Local Plan Part 1 Adopted 2014 that considers residential development in the open countryside.

307 2/2016/0677 - Change of use of land to provide five static caravans - Gale Brow Nurseries, Winscales Road, Workington

Representations

Councillor Hillary Harrington spoke as Ward Councillor.

The agent Richard Lindsay spoke on the application.

Page 6 Application

The Planning Officer recommended refusal.

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

 Principle of Development

The existing touring caravan site is approved and licensed by the Caravanning and Camping Club for use exclusively by its members and is exempt from planning consent. Policy S17 is not aimed at such exempted sites for expansion. The proposed five static caravans are therefore considered to constitute new tourist accommodation and not an extension to an existing site with formal planning consent as recognised under Policy S17. The proposals are therefore considered not in accordance with policy guidelines with no wider benefits that outweigh harm.

 Sustainability

The site location is considered unsustainable being in the open countryside and remote from local services and amenities with the reliance on a car as means of transport to reach the nearest settlement for essential services. The caravans will not bring any environmental improvements to the site and with no real benefit to the local economy. As such the proposals are not considered sustainable and contrary to local and national policy guidelines.

 Landscape Impact

The siting of the five caravans associated with other existing development at the site is considered to result in significant harmful impact upon the landscape and visual amenity of the locality. The proposed landscaping is not considered capable of mitigating such impact.

 Planning History

There is significant planning history including pre-application advice and an appeal dismissed regarding similar applications for caravan development at this site. The most recent application and unsuccessful appeal carries significant weight in the assessment of these proposals.

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

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

A vote was taken; 8 voted in favour of refusal, 4 against.

Page 7 The motion in favour of refusal was carried.

Decision

Refused

Reasons for Refusal

1. The proposed static caravans are considered to constitute new tourist accommodation and not an extension to an existing site with formal planning consent as recognised under Policy S17. The proposals are therefore considered unacceptable at this location with no wider benefits that outweigh harm. The application is contrary to Policies S1, S2, and S17 of the Allerdale Local Plan (Part 1) 2014 and the core principles of the National Planning Policy Framework.

2. The site location is considered unsustainable being in the open countryside and remote from local services and amenities. The caravans will not bring any environmental improvements to the site and with no real benefit to the local economy.

3. The siting of the five caravans is considered to result in significant harmful impact upon the landscape and visual amenity of the locality contrary to Policies S32 and S33 of the Allerdale Local Plan Part 1 Adopted 2014 and the core principles of the National Planning Policy Framework.

The meeting closed at 2.30 pm

Page 8 Agenda Item 5

Allerdale Borough Council Planning Application 2/2016/0668

Proposed Demolition of disused barn and change of use of land to Development: incorporate two holiday lodges (Resubmission of 2/2016/0364) Location: Ellen Hall Gilcrux Wigton Applicant: Mr Wayne Flower

Recommendation: REFUSE

Summary/Key Issues

Issue Conclusion

Siting Not considered acceptable due to flood risk

Design and Design and materials considered acceptable materials Residential amenity No significant effects on residential amenity

Access and parking No highways objections subject to conditions

Drainage A suitable scheme can be achieved

Flood Risk Unacceptable development within Flood Zone 3. Sequential test for alternative land at lower flood risk has been satisfied. Exception test in terms of safe access and egress has not been satisfied.

Proposal

The proposal seeks permission for the erection of two timber holiday lodges at an existing holiday complex. The proposal would replace an existing modern agricultural building.

Site

The site is located within the open countryside and is 500m to the north of Gilcrux and 1.25km to the south of Oughterside.

Page 9 Relevant Policies

National Planning Policy Framework

Building a strong, competitive economy Meeting the challenge of climate change, flooding and coastal change Conserving and enhancing the natural environment Conserving and enhancing the historic environment Supporting a prosperous rural economy Promoting sustainable transport Requiring good design

Allerdale Local Plan (Part 1) 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 S14 - Rural economy Policy S17 - Tourism, Coastal and Countryside Recreation Policy S27 - Heritage Assets Policy S29 - Flood Risk and Surface Water Drainage Policy S33 - Landscape Policy S35 - Protecting and enhancing biodiversity and geodiversity Policy DM14 - Standards of Good Design

Relevant Planning History

2/2016/0364 – Demolition of agricultural building and change of use of land to incorporate two holiday lodges – Refused on flooding issues.

Representations

Call in by Councillor J Mounsey – Believes they have overcome previous reasons for refusal.

Parish Council – Support the application and consider the previous reason for refusal have now been overcome

Environment Agency – No comments given as the council has indicated that the sequential test has not been passed and that there is no requirement for them to consider Part C of the exception test.

Highways – No objections subject to conditions relating to the access and details of a flood evacuation plan.

The application has been advertised on site.

There has been one letter of support from The Barn, Bistro in Gilcrux indicating that the

Page 10 holiday business supports their business.

Updated issues in relation to Exception Test

Members will recall that the application was considered by the development panel on 29 November 2016 where members resolved that the supplementary evidence put before them satisfied the sequential test in terms of no other land being available at a lower risk of flooding that could be developed. Given members recommendation on this point the Environment Agency have been re-consulted and the exception test has now been considered in relation to the proposal

In terms of the first part of the exception test and wider benefits arising from the development; there has been one letter of support from The Barn Bistro within Gilcrux indicating that they rely on holiday accommodation from within the area such as the applicants business to support their own restaurant business. A further letter from Cumbria Tourism has been submitted within the application documents supporting the proposal. No other supporting documentation has been provided to show other businesses locally benefiting from the proposal. The application documents indicate that there is the potential for an increase in employment within the locality in association with the increase in these two lodges.

Although the lodges could potentially add to the existing number of visitors to eateries or other businesses within the immediate locality or a small increase in employment, the addition of two lodges aimed at two person occupation, is not considered to be significant enough to outweigh the harm of a more vulnerable development being located within flood zone 3.

The Environment Agency have highlighted that the local planning authority must be satisfied that a development can be considered safe without the provision of safe access and exit and if not satisfied the permission should be refused.

Bearing in mind the flood zone has not been altered by the Environment Agency in terms of flood risk officers consider that as the only access for the development is located within flood zone 3 a suitable means of safe access cannot be achieved from the site bearing in mind that users of the facilities could be less mobile or have a physical impairment.

The flood report indicates that the levels of the ground would be increased to aid in a safe access route; however, the ground would still be located within flood zone 3 and would not raise it significantly enough to bring the access out of flood zone 3.

The Environment Agencies remit in examining the proposal is to examine part two of the exception test only which relates to the flood resilience of the proposal and subject to the imposition of the measures outlined within the flood risk assessment being carried out they would have no objection to the proposal. They indicate that the lodges would need to have a 1m clear gap between the existing concrete and the underside of the structure and the mitigation measures would need to be fully implemented prior to the occupation.

The Environment Agency recommend that although not within their direct remit or expertise, considerations should be given for managing flood risk for this development

Page 11 and recommend that prior to deciding the application due consideration by the Local Planning Authority is given to the issue(s) below and consultation be undertaken with the relevant experts where necessary. Issues are:

• Provision of and adequacy of a temporary refuge; • Details and adequacy of an emergency plan; and • Adequacy of rescue or evacuation arrangements.

If members recommend that the application is approved this could be dealt with by an appropriately worded condition.

Main issues

Permission was sought for the same development under planning application 2/2016/0364; however, this application was refused on flood risk grounds. This application provides supplementary information in relation to flood risk to support the sequential test.

The site as a whole has 7 holiday letting units in the form of converted barns plus owner’s accommodation.

The existing agricultural building is located directly on the banks of the Leathersgill Beck. The proposal would see the agricultural building removed and two holiday lodges placed on the cleared site. A veranda would be placed adjacent to the watercourse.

Drainage

A new treatment plant and soakaway would be installed to the north of the lodges, a garden area and parking would be provided adjacent to the buildings. The highway authority is satisfied that subject to improvements to the access the development is acceptable in this aspect.

Setting of Listed Building

Section 66 of the Planning (Listed Buildings and Conservation Areas ) Act 1990 states “In considering whether to grant planning permission for development which affects a listed building or its setting, the local planning authority or, as the case may be, the Secretary of State shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.”

The council therefore has a duty to have a special regard on developments which may affect the character or setting of the listed building. This development is considered not to have a significant impact upon the setting of the listed building given the design, materials, separation from the main listed building and the construction and materials of the existing agricultural building.

Scale and Materials

The scale of the proposal would be considered as a suitable small scale extension to the existing holiday use of the site and would be supported under policy S17 of the Allerdale

Page 12 Local Plan.

The lodges would be timber clad with a shingle roof; these materials are considered to be acceptable.

Residential Amenity

There would be no effects on the residential amenity of nearby residential properties or amenity of guests within the existing accommodation.

Rights of Way

A public footpath runs through the site entrance; this would not be affected by the development.

Flood Risk

The application is accompanied by a flood risk assessment which indicates that the small watercourse rapidly responds to rainfall, so any flooding is likely to be a rapid onset with a short duration with little time for warning. The assessment indicates that there are no records of the property flooding from 1990. The property also suffers from surface water flooding from the adjoining highway which sits at a low point in the landscape.

The flood risk assessment indicates that by site appraisal, flood zone 3 extends to the front of the existing holiday cottages; however, the data the council hold from the environment agency shows the flood zone extending beyond these buildings into the field to the rear.

In terms of flood risk the existing agricultural barn is classified as a less vulnerable use with a holiday lodge being a more vulnerable use.

The site lies within Flood Zone 3, under the NPPF Meeting the challenge of climate change, flooding and coastal change Chapter 10 outlines that this development needs to be supported by a sequential and exception test as the site lies within Flood Zone 3. Although further information has been submitted to support the application in terms of the sequential test, the Council still consider insufficient evidence has been submitted as to why the development could not be sited on Flood Risk Zone 1 land in accordance with the objectives of NPPF, i.e. reducing the probability of flood risk.

The sequential test submitted with the application refers to the removal of the agricultural building and replacement with two holiday lets. The sequential test has identified other buildings within the applicant’s ownership; however, they have indicated that they are not suitable as they are in beneficial use, are not well related to the existing development, are located within flood zone 3, of insufficient size or are restricted by agricultural ties. The report also indicates that any land not within the applicant’s ownership or for sale within the locality would be too remote to the existing development.

The report outlines that there is no other land in the applicant’s control that can be used for this type of accommodation and the land in the applicant’s ownership that is at a lower risk of flooding has an agricultural tie. They also indicate that this area would not be

Page 13 suitable as it is too detached from the existing courtyard complex giving a poor relationship with the existing holiday business.

In terms of the sequential test it is considered that the applicant has now sufficiently examined other land surrounding the site; and provided documented evidence to demonstrate that the land is not suitable or available.

The flood risk assessment concludes that the floor levels could be amended to ensure the development is not affected by flooding. The boundary of Flood Zone 3 identified on the Council’s mapping system (provided by the Environment Agency) covers the whole area of the agricultural building the existing holiday cottages and an area of ground to the rear of the cottages which is more extensive than identified within the flood risk assessment.

No evidence has been submitted to support the proposal to show the sites flood risk has been re-classified by the Environment Agency. Although the flood risk assessment highlights that the property has not flooded, even in the latest flooding incidents in 2015, this is no indication that the site could not suffer from flooding in the future. The report also indicates that some mitigation measures could be put in place such as raising ground levels, orientation and position of lodges in order to address some of the flood risk; however, officers do not consider these measures would be sufficient and would not alter the fact that the site is located within flood zone 3.

The proposal would see the proposed lodges raised on stilts as a flood prevention measure to raise the floor level to that of the existing holiday cottage; however, these cottages are also located within flood zone 3. Officers have concerns in relation to this aspect as a flood prevention measure.

The only access and egress from the site is within flood zone 3 and therefore a satisfactory means of escape route in a lower flood zone could not be achieved.

Although there would be some reduction in the roof space there is no evidence that his would remove the area from flood zone 3. No modelling has been undertaken to contest the existing flood zones or show accurate proposed levels.

Other issues

The site would be covered by the regulations set out within the caravan site licencing which are dealt with by the Council’s Environmental Health team; therefore, any site details in terms of health and safety and precise separation distances would be dealt with under the licence.

Local Financial Considerations

Having regard to S70 (2) of the Town and Country Planning Act the following local finance considerations is relevant to the consideration of the application. There will be benefits arising from the scheme through business rates revenue; however, this is of little weight in judging the overall planning merits of the current scheme.

Page 14 Conclusion

The Council consider that the wider benefits arising from the proposal do not outweigh the harm arising from the flood risk and recommend that the application is refused.

Page 15 Annex 1

Conditions/Reasons

1. The Local Planning Authority consider the wider sustainability benefits to the community do not outweigh the flood risk and does not satisfy the first part of the Exception Test. The proposal therefore is contrary to Policy S29 of the Allerdale Local Plan (Part 1) and Chapter 10 of the National Planning Policy Framework.

2. The Local Planning Authority consider that the application has not demonstrated that the development would be safe in terms of access and egress from the development through flood zone 3; the development does not satisfy the second part of the Exception Test. The proposal therefore is contrary to Policy S29 of the Allerdale Local Plan (Part 1) and Chapter 10 of the National Planning Policy Framework.

Proactive Statement

The Local Planning Authority has acted positively and proactively in determining this application by identifying planning policies, constraints, stakeholder representations and matters of concern with the proposal and discussing those with the Applicant. However, the issues are so fundamental to the proposal that it has not been possible to negotiate a satisfactory way forward and due to the harm which has been clearly identified within the reason(s) for the refusal, approval has not been possible.

Page 16 Page 17 Page 18 Agenda Item 6

Allerdale Borough Council Planning Application 2/2016/0747

Proposed Outline application for residential development including access Development: Location: Part Field 7800 Newton Arlosh Wigton Applicant: Mr K Foster

Recommendation: REFUSE

Summary/Key Issues

Issue Conclusion

Principle of The proposal is considered contrary to Policy S3 of the Allerdale development Local Plan (Part 1), Adopted July 2014. Design Principles Officers consider the shape and depth of the site is not of appropriate scale to this part of the village of Newton Arlosh failing to respond positively to the character, history and distinctiveness of its location or integrate well with existing development contrary to Policy S2, S4, S32 and DM14 of the Allerdale Local Plan (Part1), Adopted July 2014. Affordable Housing The applicant is not agreeable to provide financial cash contribution for affordable housing and therefore the proposal is contrary to the Written Ministerial Statement published in November 2014. Amenity/Odour In the absence of an appropriate odour assessment the applicant has not been able to demonstrate the development can achieve an acceptable standard of amenity to future occupiers. The proposal is considered contrary to Policy S2, S4 and S32 of the Allerdale Local Plan (Part 1), Adopted July 2014. Highway Issues The proposed access as shown is acceptable and no objections are raised from the Highways Authority.

Proposal

The applicant seeks outline consent for residential development including access. All other matters are reserved. The access into the site is a single access point in the centre of the application site.

An indicative plan has been submitted with the application that shows a terrace of 4 properties and two detached dwellings at the rear of the site.

Page 19 Site

The application site lies within the village of Newton Arlosh and currently forms part of a larger agricultural field. The site lies adjacent to a row of detached houses that have gained gradual consent with some built and occupied and other still under construction or work to commence. These consents all house two storey detached dwellings with the plot depth approximately 31m and orientated to face the public highway which fronts the sites.

The proposal site is for an area of land that measures 36m in width x 76m in depth. The indicative plan shows a terrace of 4 x 2 bed properties that are orientated to face into the site with the end gable elevation facing the highway and two detached dwellings on the land that extends past the rear boundary of all the adjacent housing sites to the southwest.

An existing field access lies to the north corner of the site, adjacent to the boundary of the field. The site is bounded to the northeast by an existing hedgerow with a portal frame building on the adjacent land in close proximity to the boundary. This portal frame building at the time of the officer site visit housed a pony.

Relevant Policies

National Planning Policy Framework Building a strong, competitive economy Meeting the challenge of climate change, flooding and coastal change Conserving and enhancing the natural environment Conserving and enhancing the historic environment Delivering a wide choice of high quality homes Requiring good design

Allerdale Local Plan 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 S7 - A mixed and balanced housing market Policy S8 - Affordable Housing Policy S29 - Flood Risk and Surface Water Drainage Policy S32 - Safeguarding amenity Policy S33 - Landscape Policy S34 - Development in the Solway Coast Area of Outstanding Natural Beauty Policy S35 – Protecting and Enhancing Biodiversity and Geodiversity Policy DM14 - Standards of Good Design Policy DM17 - Trees, hedgerows and woodland

Page 20 Relevant Planning History

The adjacent land to the proposal site has had a number of incremental planning permission for two storey detached dwellings. The application site was part of a larger outline application 2/2012/0846 for four dwellings. As part of this application the planning officer advised that due to the close proximity of the site to the buildings on the adjacent land the proposal could not be supported and the application site was reduced down to two plots and the land now to be considered under this application was removed.

A further application was received under 2/2015/0496 for a detailed scheme for a proposed new dwelling. The application was refused on the following ground:

The Local Planning Authority considers that the future occupiers of the proposed development would suffer a poor standard of residential amenity by way of the proximity of the dwelling to the agricultural buildings to the east of the site contrary to the National Planning Policy Framework Chapter 11 and Policy S32 of the Allerdale Local Plan (Part 1), Adopted July 2014.

Representations

Call In – Cllr Markley has asked that the application be taken to the Development Panel.

Holme East Waver Parish Council – We are generally supportive of the proposed development, especially the affordable housing element, but has some concern over its proximity to Pear Tree Farm.

Environmental Health – In the absence of an appropriate odour assessment identifying source and mitigation measures, it is the Environmental Health opinion that the standard of amenity cannot be ensured to occupants of the proposed development. The application cannot be supported for this reason.

Cumbria Highways – The new access is suitably distanced from the adjacent development and is acceptable to this authority.

Fire Officer – No reply to date.

Cumbria Wildlife Trust – No reply to date.

Solway Rural Initiative – No reply to date.

United Utilities – No objections subject to conditions.

The application has been advertised on site and adjoining owners have been notified. 4 letters of objection have been received on the grounds of:

 The proposed houses are totally out of keeping with the rest of the neighbouring houses and by reason of siting would result in an unacceptable loss of privacy, adversely affecting the amenities enjoyed by the occupiers of the adjacent dwelling houses.

Page 21  The layout and siting, both in itself and relation to adjoining buildings, spaces and views, is inappropriate and unsympathetic to the appearance and character of the local environment, especially with regards to the Solway Coast Area of Natural Beauty.  Two houses are proposed to be built behind the existing line of houses which again is totally out of keeping with the rest of the houses.  Previous applications have been turned down on this site for one house and now the application seeks 6 dwellings.  The development appears unsafe when looking at the lack of pavement and street lighting.  All the proposed garden areas and four of the dwellings lie within the 36m radius (as demonstrated on the submitted layout plan) of the adjacent stable building.  The planning application refers to the row of four terraced houses as ‘Starter Homes’. These should not be misinterpreted as being ‘Affordable Housing’.  Allowing six new properties in one village in one year is totally out of proportion to the stated principle of the Local Plan.  Adding a further 6 new properties on this side of the road through Newton Arlosh would add considerable strain on the existing surface water system.

Main Issues:

Principle of Development

The National Planning Policy Framework (NPPF) requires that local planning authorities identify sufficient deliverable sites to provide five year supply of housing against their housing requirements. The Draft Annual Monitoring Report for 2015/2016 demonstrates the Local Planning Authority has a 5.7 year supply of housing which includes a 20% buffer allowance due to a record of under-delivery and shortfalls from 2011. Demonstration of a five year supply of deliverable housing sites means the policies for the supply of housing contained within the Local Plan are considered to be up-to-date, in accordance with paragraph 49 of National Planning Policy Framework. The policy framework for the supply of housing within the plan area is set out in Policy S3 - Spatial Strategy.

Policy S3 establishes that provision will be made for at least 5471 new dwellings in Allerdale in the period ending in 2029. This amounts to an annual average of 304 dwellings. Policy S3 also seeks to concentrate the necessary new development in identified towns and villages in a settlement hierarchy. Newton Arlosh, along with a number of other villages, is identified as a Limited Growth Village in tier 4 of the hierarchy. This tier of the settlement hierarchy is made up of 21 settlements which in combination with tier 5 infill/rounding off villages will take 6% (328 dwellings) of housing growth planned over the plans period up to 2029. The Local Plan does not specifically assign or breakdown the 6% to individual villages. This has been left to site allocations. However, paragraph 71 of the Allerdale Local Plan (Part 1) does set out a number of criteria to guide site allocations as follows:

“The Site Allocations DPD will identify specific sites to accommodate the broad distribution of housing and employment growth set out in the spatial strategy. Furthermore, the DPD will review settlement boundaries and revise them as appropriate

Page 22 to the settlement role in the hierarchy and the level of growth that can be accommodated. Revision of boundaries will be undertaken in consultation with communities and stakeholders, the allocation of growth between settlements and of individual sites, will amongst other things, take into account;

 The Local Plan strategy, especially the growth targets set out in S3;  Policy requirements, such as the need to deliver affordable housing;  The availability of appropriate land as identified through the Strategic Housing Land Availability Assessment (SHLAA) as being suitable for development, and sites submitted to the allocations process;  The level of current housing commitments and completions since the beginning of the Plan Period (2011);  Infrastructure requirements and constraints;  Key constraints such as the natural environment (including Natura 2000 sites), landscape, the historic environment;  The ability of the settlement to accommodate growth without harming its character, setting or the surrounding landscape.

The Site Allocations Development Plan Document which will be Part 2 of the Local Plan is currently out for consultation. This will identify allocations within the top three tiers of the settlement hierarchy and where necessary revise development boundaries for the top four tiers. At this stage this has no weight in considering current proposals.

Paragraph 73 of the Local Plan sets out that settlement boundaries show the area where development should be encouraged and includes that there is a strong presumption against proposals outside the defined limits of development in Limited Growth Villages. Policy S5 is concerned with development principles and includes that new development will be concentrated within the physical limits of Limited Growth Villages, with the scale of development proposed expected to be commensurate with the size of the settlement and reflect its position in the hierarchy.

Through recent planning permissions Newton Arlosh has made a significant contribution to the housing requirement for Limited Growth Villages. It is important given the number of existing extant and committed consents in Newton Arlosh, that a locational imbalance does not occur across this tier and therefore undermine the aims of the spatial strategy set out in Policy S3. It is important to achieve a geographic spread across all the limited growth villages to produce an opportunity to grow relative to their character and size. This aim could be undermined if an increasing cumulative number of consents were concentrated in a small number of village’s in this tier.

One of the key issues with respect to this application is whether the proposal for potentially 6 dwellings as shown on the indicative plan submitted with the application would undermine the overall spatial strategy.

Given the recent approved/committed developments within the village, officers consider the incremental addition of further housing consents in Newton Arlosh outside the saved settlement limits will impact on the objectives of the spatial strategy to deliver housing to the other 20 villages within the Limited Growth Village tier.

Page 23 As an outline application the planning merits of the development centre on the principal of the proposal. No part of the site lies within the settlement limit of Newton Arlosh, with the site extending further into the field than the adjacent housing to the southwest. The proposal site by virtue of its size and shape is considered to achieve an unsatisfactory relationship with this part of the existing built format of Newton Arlosh.

The council has approved 6 dwellings within the village since April 2011, with a further 10 dwellings approved by members subject to the signing of a S106 agreement in relation to a contribution to affordable housing. This equates to 16 dwellings with a further 6 shown as part of this application.

Therefore given the size of the village as a Limited Growth Village which can accommodate small-scale development within the designated settlement boundary only, officers consider the proposal site that lies outside the settlement boundary and given the size of the village the additional units proposed is in excess for this village and will increase the housing provided over what is acceptable for the village resulting in an imbalance of new dwellings across this tier undermining the aims of the spatial strategy set out in Policy S3.

An appeal against the councils refusal decision for outline housing development (2/2013/0600) at School Brow Brigham was upheld on the grounds including prematurity to the scale of development being provided in this tier (Local Service Centre) prior to the determination of the local plan allocations. A further outline application (2/2014/0886) at Land adjacent Dearham House, Dearham was upheld on the grounds that allowing more housing would undermine the aims of the spatial strategy set out in the Allerdale Local Plan. Although these applications relate to development in the third tier, Local Service centre they are still relevant to this application in the form that the principle of undermining Policy S3 has been accepted.

With all this in mind it is considered that the proposed development would conflict with Policies S3 and S5 of the Allerdale Local Plan (Part 1) and the National Planning Policy Framework.

Design Principles

The majority of development within this settlement lies to the north of the highway that runs through the village of Newton Arlosh. The proposal site lies to the south. The development on this side of the village is sparse and linear in form. To the northeast of the site are modern agricultural style buildings and directly to the south west is a line of two storey detached houses directly fronting the highway with a plot depth of 31m.

The proposal site is rectangular in shape with a width of 36m in width and a depth of 76m, extending past the existing built development line by 45m. The indicative plan submitted with the application shows the applicant proposes on building a terrace of 4 dwellings at the front of the site facing into the site with parking opposite and 2 detached dwellings to the rear of the site. This would see the gable elevations 5m from the boundary of the adjacent residential dwelling. Although officers acknowledge that this plan is indicative only and therefore the layout could be subject to change, the shape and size of the proposal site would remain as shown.

Page 24 A key objective of the Local Plan is to achieve high quality design for all development. Good design relates not only to the appearance of a development but to how it functions within its location and to how it contributes towards a sustainable community.

In assessing the proposal site the shape and depth of the site is not of an appropriate scale extending further into the undeveloped agricultural field than the existing linear form of development on this side of the road therefore it does not respond positively to the character, history and distinctiveness of its location or integrate well with existing development. Given the shape of the site, when it is developed for the number of house envisaged by the applicant officers consider it would not be compatible with existing development, the site would not achieve an appropriate frontage and integrate well with the existing streetscene and concerns are raised that the amenities of existing and proposed occupiers would not be safeguarded. The scheme does not provide any public benefits that would outweigh the harm the development of this site would cause.

Officers consider the proposal is contrary to Policy S2, S4, S32 and DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.

Affordable Housing

The delivery of affordable housing is a key objective of the local plan and priority of the council plan. The majority of affordable housing that is built in the plan area is delivered as part of new development. Therefore, planning policy has a central role in helping to deliver low cost homes.

Policy S8 Affordable Housing was adopted in July 2014 as part of the Local Plan (Part 1). Since then a number of changes have been introduced at national level. Planning Practice Guidance, which reflects the Court of Appeal’s decision reinstating the policy context of the Written Ministerial Statement issued on 28 November 2014, regarding contributions of affordable housing states proposals should not be sought on developments of ten-units or less (and which have a maximum combined gross floor space of no more than 1,000 square metres). The guidance however, does although Councils flexibility to request affordable contributions on a lower threshold on developments between 6-10 dwellings if the site lies within designated rural areas, these include Areas of Outstanding Natural Beauty (AONB).

The application site lies wholly within the AONB and therefore as highlighted above the National Guidance allows for affordable contributions, however these can only be in the form of cash payments and be commuted until after completion of units within the developments.

The description on the application form is for outline residential development including starter homes. The Government requirements for starter homes at the current time only relate to exception sites on commercial and industrial land that is either under-used or unviable in its current or former use, and which has not currently been identified for housing. The dwellings could therefore not be considered as starter homes.

Through the process of the application the agent has provided a heads of terms that state they are agreeable to provide affordable homes for sale with the housing mix, delivery and occupants to be subject to negotiations with Allerdale Council. A petition

Page 25 with 56 signatures has been submitted by the applicant supporting the erection of four affordable homes in Newton Arlosh.

From the size of the application site officers do not consider a proposal for 10 dwellings can be achieved or that it is likely that the combined floor space would exceed 1,000 square metres. Therefore whilst the applicant is starter/affordable dwellings the Council has no reasonable form of securing that these are built as affordable units as the threshold is below the national requirements and therefore it is not reasonable for the Council to enter into a Section 106 agreement.

The agent/applicant has been made aware of the ministerial statement that requires a financial cash contribution to be paid and has confirmed in an email of the 18 January 2017 discussing the proposed starter homes that “Given we are seeking to build these on the site, and the scale of the development, we are under no obligation to make a financial contribution toward affordable housing within the AONB”.

As highlighted above the ministerial statement does allow for a financial cash contribution towards affordable housing and therefore in the absence of this as part of the application the proposal fails to meet the affordable housing requirements as laid out in the Written Ministerial Statement 28 November 2014.

Amenity/Odour

Policy S32 of the Allerdale Local Plan (Part 1), seeks to ensure that new housing is located where it will not result in poor living conditions for the occupiers as a result of air pollution, noise, smell, dust, vibration, light or other pollution. The National Planning Policy Framework (NPPF) also requires that new development should seek to secure a good standard of amenity for all existing and future occupiers of land and buildings.

Whilst the proposal is submitted in outline, and seeks to establish the principle of residential development on the site, whether the proposal would provide satisfactory living conditions for the future occupiers is fundamental to whether or not the principle is acceptable.

The proposed site lies adjacent to a row of two storey dwellings to the southwest of the site. The application before us is indicative only and therefore the final layout of the site is not to be considered under this application. However, from the indicative layout plan shown officers would highlight that the terrace of four dwellings located 5m from the boundary of the adjacent existing dwelling that has windows in the gable elevation could significantly impact on the amenity that this property currently enjoys.

Agricultural style buildings lie to the north east of the site, with the nearest building located approximately 1.5m from the application site boundary. The owner of the site has confirmed the building is used for housing horses and at the time of both planning and environmental health officer’s site visit a pony was in the open sided building and silage bags stacked to the front elevation adjacent to the gate.

The current indicative layout plan submitted with the application shows that the 4 terrace properties and part of the garden areas for these and the garden areas to the front of the two detached houses to the rear of the site lie within 36m of the agricultural building.

Page 26 Development within this range, raise concerns from Environmental Health in relation to odour from the building.

Environmental Health Officers raised concerns to an earlier outline application for the siting of a dwelling on this plot and the plot was removed from the application, with the smaller site area approved for housing. A further application 2/2015/0496 for detailed consent for a single dwelling was refused on the proposal site for a plot directly adjacent to the existing built dwelling to the south west on potential impact for the future occupiers of the proposed development in relation to a poor standard of residential amenity due to its proximity to the agricultural buildings to the northeast of the site.

An Environmental Health Officer has re-visited the site as part of this current application and they maintain their concerns in relation to potential odour nuisance from the building adjacent to the proposed site used for the housing of animals. Whilst the building is currently used for horses and ponies there are no restriction on the use of the building for livestock.

The applicant has failed to consider potential odour as part of the application, with no odour assessment submitted with the current application and the applicant does not have control over the source of the odour. When taken in the light of the requirements of Local Plan policy S32 and the Framework, odour is a fundamental issue that is required to be addressed before planning permission is granted.

A recent planning appeal 2/2015/0684 at Greysouthern for outline consent for 3 detached dwellings was dismissed on the grounds that it could not be satisfied that the proposed development would provide satisfactory living conditions for future occupiers, with particular regard to odour from the neighbouring farm.

No assessment has been submitted with the application in relation to potential odour nuisance. In the absence of an appropriate odour assessment that identifies the source and proposes mitigation measures if appropriate, it is officer’s opinion that the standard of amenity cannot be ensured to occupants of the proposed development and the application cannot be supported. The proposal is considered contrary to Policy S2, S4 and S32 of the Allerdale Local Plan (Part 1), Adopted July 2014.

Highway Issues

The application is for outline with the matter of access to be considered as part of this application. The revised plan shows the access in the centre of the application site. The internal road layout would be determined as part of the detailed reserved matters application should planning permission be granted.

Cumbria Highways have assessed the proposal and consider the proposed access is suitably distanced from the adjacent development and is acceptable. Given the number of dwellings indicated the access road would need to be constructed to an adoptable standard under the criteria for a ‘shared surface road’ and a footway is not required. The parking as shown on the submitted indicative plan is below standard, and would need to be revised as part of any reserved matters application.

The access as shown is acceptable and the Highways Authority raise no objections

Page 27 subject to the inclusion of conditions.

Other Issues:

Drainage

The application form indicates that foul sewage would be disposed of via the main sewers with surface water to an existing watercourse to the front of the site. The applicant has not submitted any further details on the proposed drainage and no details have been submitted that details why the applicant cannot provide soakaway on site to take surface water drainage, which has been accepted on recent adjacent development.

Officers consider an acceptable form of drainage could be achieved on the site, however in line with United Utilities comments it is recommended that a condition be attached requiring a surface water drainage scheme, based on the hierarchy of drainage options in the National Planning Practice Guidance be submitted prior to development commencing.

Ecology

The site lies within a Site of Wildlife Interest from geese and swans which are protected species under the Wildlife and Countryside Act 1981. Given the nature of the siting of the dwelling within a grassed agricultural field and the close proximity to existing dwellings it is considered the proposal will not harm these protected species.

The forging potential of the site is considered to be low and not significantly harm any priority habitat.

Local Financial Considerations

Having regard to S70 (2) of the Town and Country Planning Act the proposal could attract New Homes Bonus and future Council Tax Revenue.

Conclusion

It can be demonstrated that the Council have a 5 year land supply. Through recent approvals/commitments within the village, Newton Arlosh has contributed to a high level of new housing within tier 4 of the housing hierarchy as highlighted in Policy S3 of the Allerdale Local Plan. Officers consider the principle of allowing further housing development in this Limited Growth Village will impact on the spatial strategy undermining the aims to spread development through all villages within this tier contrary to Policy S3.

Furthermore when assessing the relationship of the proposed site to the existing built development on this part of the village of Newton Arlosh the existing development pattern is linear in form. Officers consider the scale and shape of the site in inappropriate and does not respond positively to the character, history and distinctiveness of its location or integrate well with existing development.

Page 28 The applicant has not agreed to provide a financial cash contribution in line with the guidance of the Written Ministerial Statement of 28 November 2014 and therefore the proposal fails to provide the appropriate level of affordable contribution.

The proposal site lies in close proximity to a potential source of odour beyond the applicant’s control. In the absence of an odour assessment the applicant has not been able to demonstrate that the proposal will not result in an unacceptable level of amenity for future occupiers of the development.

Page 29 Annex 1

Conditions/Reasons

1. The approval of additional dwellings outside the designated settlement limits within this Limited Growth Village will result in an imbalance of new dwellings across this tier undermining the aims of the spatial strategy set out in Policy S3 of the Allerdale Local Plan, (Part 1).

2. The Local Planning Authority consider the scale and size of the development site does not respond positively to the character, history and distinctiveness of the adjacent linear form of Newton Arlosh. The proposal is considered contrary to Policy S2, S4 and DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014 and National Planning Policy Framework (Paragraph 58 and 64).

3. In the absence of any affordable housing financial contribution, the proposed development by virtue of its location within the designated Solway Coast’s Area of Outstanding Natural Beauty is in conflict with the requirements of the Written Ministerial Statement of 28 November 2014 and paragraphs 47 and 50 of the National Planning Policy Framework.

4. The proposed residential development is considered in close proximity to buildings with a potential source of odour beyond the applicants' control. The Local Planning Authority considers in the absence of an odour assessment the applicant has not been able to demonstrate that the occupiers of the proposed development would not suffer a poor standard of residential amenity and living conditions contrary to Policy S2, S4 and S32 of the Allerdale Local Plan (Part 1), Adopted July 2014 and the National Planning Policy Framework, (paragraphs, 9, 12 and 17).

Proactive Statement

Application Refused With Discussion – With Way Forward

The Local Planning Authority has acted positively and proactively in determining this application by identifying planning policies, constraints, stakeholder representations and matters of concern with the proposal and discussing those with the Applicant. Unfortunately, it has not been possible to resolve all those matters within the timescale allocated for the determination of this planning application. However, the Local Planning Authority has clearly set out within its report, the outstanding matters needing to be remedied to address the harm identified within the reasons for refusal– which may potentially lead to the submission of a more acceptable proposal in the future. The Local Planning Authority is willing to provide pre-application advice in respect of any future application for a revised development.

Page 30 Page 31 Page 32 Agenda Item 7

Allerdale Borough Council Planning Application 2/2016/0606

Proposed Provide new tourist accommodation, this will be in the form of a Development: touring caravan park and static camping pod area, with associated parking and sanitary facilities Location: Melbreak Hotel Winscales Road Little Clifton Workington Applicant: Mr Ian Hughes Melbreak Hotel Recommendation: APPROVE

Summary/Key Issues

Issue Conclusion

Principal of Policy S17 ALP states that new visitor accommodation will be caravan and lodge supported in the Principal, Key and Local Service Centres. development 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 development is considered to form an ancillary extension to the tourist accommodation associated with the Melbreak Hotel. Design, Layout, and Acceptable design, materials siting and layout for the caravan sites Materials and the camping pods. Drainage Surface water will be discharged via a sustainable urban drainage scheme (SUDS) to an attenuation tank. The outflow will be restricted to existing run off levels to a local water course. The detailed surface water drainage details can be secured by planning condition.

Foul drainage will be connected to the mains. Highways No adverse impact from a highways point of view; subject to planning conditions. Contamination Contamination remediation can be secured by planning condition

Ecology No adverse impact on local habitats or species.

Landscape Limited adverse impact on landscape character due to the modest scale of the development, the screening by topography of the locality and screening from existing and proposed hedgerows and trees.

Page 33 Proposal

To develop new tourist accommodation to the north west of the existing Melbreak Hotel, Crossbarrow, Workington in the form of a touring caravan park and a static camping pod area, with associated parking and sanitary facilities.

The site area is 1.075 hectares and will be divided into two zones. The caravan park element will take up 0.502 hectares providing 14 pitches with associated parking and amenity areas. The camping pod area amounts to 0.478 hectares and will house 20 separate camping pods. Sanitary and washing facilities will be contained in a separate building and 20 car parking spaces will be provided, one for each pod. The caravan park will be screened from the existing hotel by an established hedgerow. It is proposed that along the boundaries extensive new tree and shrub planting will also be carried out. Site

The application site comprises an agricultural field on the northern periphery of the applicant’s existing hotel complex, with boundaries abutting both the A66 and the A595 highways.

The site lies in rolling countryside at an altitude of 112 metres OD in the area of higher land between the Lostrigg Beck valley to the east and the land sloping westward down towards the coastal plain of Workington. To the north land falls away gently to the A66 Clifton bypass, however the A66 is screened by banking and planting.

The majority of fields are grassland and interspersed throughout the area by woodland. Coniferous shelter belts are a feature within the immediate vicinity of the site, planted following restoration work after the demise of open cast coal mining.

The field pattern is fairly square with straight boundaries, hedges and fences. There are sections of rougher land and overhead power lines and the wind farm impacts on the landscape to the south west of the site.

The main roads that cross the higher ground to the south (A595) and to the north of the site is the route of the A66. The site access will be via the existing hotel entrance off a spur from the A595. Relevant Policies

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:

Page 34 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

2/2011/0766 - Proposed layout of site and change of use to allow siting of 60 log cabins (to replace extant permission 2/2005/0517). Approved

2/2005/0517 - Proposed layout of site and change of use to allow siting of 60 log cabins. Approved. This application was submitted alongside an enhanced outline application 2/2005/0515 for a leisure building for the hotel, plus a detailed application 2/2005/0516 for a 42 bedroom annexe to the existing hotel bedroom annexe block. 2/2004/0746 - On the southern edge of the site was approved for a function suite and ancillary car park for the hotel.

2/1996/0190 - Outline application for a petrol filling station, lorry park and related accommodation (lapsed). Representations

The application has been ‘called in’ to Development Panel by Cllr Phil Tibble due to concerns relating to surface water drainage and possible impact on properties at Bridgefoot, and surface water issues between the hotel and the A66 and the extent of the proposed development.

Little Clifton Parish Council - Objection on the grounds that there will be an increase in surface water run-off to Lostrigg Beck. This will increase the risk of flooding to properties which have suffered flooding during in the past. There will be excess water run-off from the paths on the site and that permeable paths should be considered.

Environmental Health - No objections subject to planning conditions regarding contamination and informatives.

Environment Agency - No objections

County Planning - No representations received

Cumbria Highways - No objections subject to planning conditions

Local Lead Flood Authority - The FRA is welcomed and explains that the site post

Page 35 development will have less water running from it during extreme rainfall than as the current green field. There is an attenuation system and extra over storage of 30% to allow for further climate change. This lessens the water in Lostrigg Beck during an extreme 1 in 100 year rainfall event from the current 19 litres per second, this will be restricted to 7.9 litres per second post development. To remove any existing doubts the developer has provided a topographical map that shows current flows will eventually end up in the low point/watercourse that heads towards Bridgefoot, this ensures the areas used for the calculations are correct. Drainage of ditches could be secured by planning condition.

Highways England - No objections

Fire Officer - No representations received

Cumbria Constabulary - No comments

Cumbria Wildlife - No representations received to date

The Coal Authority - No objections. Coal Authority Informative

Access Officer - No objections

The application has been advertised on site, within the local press and adjacent properties have been notified. 7 number of emails/ letters have been received expressing the following concerns:

- Concern about foul drainage disposal and capacity in the locality and there is a river at the end of the field which runs into Bridgefoot and this floods regularly and there is concern the development will aggravate it; - The ditch on the south western boundary has not been maintained and there is flooding on adjacent fields; - Excess water would run off into Kirkbeck and Lostrigg Beck and down into Bridgefoot. These water courses are already beyond the limit during storm conditions; - The development should not affect existing hedgerows; - Concern about visitors walking dogs in adjacent fields where there is livestock; - There is rubble on the main drain; - Neighbour requests a fence to screen the development and protect adjacent livestock; - Neighbours do not want litter on land from nearby bins serving the development; - Extra volume of traffic may require upgrade of the A595 and a filter lane as there have been several accidents; - Concern about noise levels.

Assessment

Principle - Policy S17 of ALP (Part 1) adopted July 2014 sets out that a strategic priority of the Local Plan is to promote economic growth by supporting key tourism activities to include the improvement of accommodation. The Council will seek to promote and diversify the tourism economy whilst prioritising the conservation and protection of

Page 36 sensitive landscapes, habitats, species and biodiversity. Policy S17 acknowledges that tourism accommodation can be supported in locations where it has no significantly harmful impact (directly or indirectly) on the countryside or coast in terms of landscape quality or ecological/ biodiversity value, and is of an appropriate scale and design if under S17 (d) forms part of an extension proposal for an existing hotel or guest house and will enhance and maintain the viability of the business. The development is considered to be an ancillary enhancement of the holiday accommodation associated with the Melbreak Hotel. It is also noted that the site already benefits from a previous consent for 60 lodges on a larger footprint area 2 /2011/0766 refers for the siting of 60 log cabins (to replace extant permission 2/2005/0517).

Layout and design - The extended tourist accommodation to provide a caravan site (14 pitches) and camping pods (20 units) will be sited to the north of the existing hotel complex and will be served off the existing vehicular access arrangements which serve the hotel.

The caravan pitches are closest to the hotel but screened by an existing hedgerow and the plots will be situated adjacent to a proposed one way access loop road. Individual pitches will be defined by indigenous planting and the caravan parking area and parked vehicle area will have a permeable surface.

The vehicular loop road will also provide the access to the camping pod car park and beyond this to the north of the site the camping pods will be accessed from a further circular track around a central landscape area. The track will also provide access to the toilet and washing facilities and the majority of the path will be of a permeable surface. A small part of path will be sealed and impermeable with level access between pods 1 and 2 and the toilet block to comply with building regulations. The camping pods are modest in scale and due to the external timber finishes will blend into the rural locality.

External materials and design - The camping pods will be finished in Decra shingles, with timber gable ends. They have French doors leading to a decking area and have a rear window. Each pod can accommodate two people and they are of modest scale. A landscaping scheme is presented between pods and this can be secured by planning condition. The toilet and washing block will be finished in timber cladding with concrete roof tile in grey. Landscape - The hotel and site are in an area that lies within landscape character type sub type 5a Ridge and Valley of landscape type 5, ‘Lowland’ as defined in the Cumbria County Council, Cumbria Landscape Classification 1995. The landscape sub-type is described as open landscape with regular medium to large pasture and occasionally arable fields. These are characterised by a topography that rises gently to high wide ridges with long views, or falls to small narrow valleys.

In terms of landscape impact, the proposed development is of a low density and is of a modest scale. With the existing and proposed screening it will have a low impact on the immediate surrounding area in terms of visual amenity with a minimal impact on the landscape character of the area. In the medium distance, parts of the site will be glimpsed from a general south easterly direction but from the west and north the views will be limited by the intervening raised topography and the landscaping that screens the A66.

Page 37 Directly to the south the development would be screened by the Melbreak Hotel and the site is screened by hedgerow along the southern boundary of the site. Neighbouring properties to the southwest at Crossbarrow Hall will be screened from the site by hedgerow and additional planting. Beyond the A595 the ground falls away to the wooded Lostrigg Beck, with the villages of Bridgefoot and Little Clifton beyond. From the west there are extensive agricultural fields that shield the development from the A66 users.

Landscaping Scheme - The proposed planting of new hedges will be of native species and there will be the establishment of mixed grass and wildflower areas. Landscaping of the boundaries will reduce the visual impact of the development and will assist in the screening of noise from nearby roads.

Drainage - Foul drainage will be connected into the hotel system. The site is within flood zone 1. Submitted details show surface water will be taken to an existing outfall and will be attenuated to limit the surface water discharge rate. There is an attenuation system and extra over storage of 30% to allow for further climate change. This lessens the water in Lostrigg beck during an extreme 1 in 100 year rainfall event from the current 19 litres per second, to 7.9 litres per second post development. To remove any doubts the developer has provided a topographical map that shows current flows will eventually end up in the low point/watercourse that heads towards Bridgefoot, the LLFA has confirmed that this ensures the areas used for the calculations of surface water are correct.

Amenity - Due to the screening surrounding the development (existing and proposed) and the distance from dwellings, the scheme is not considered to cause a visual impact or noise impact on nearby residents. A lighting scheme can be secured by planning condition to ensure light pollution in the locality is minimised in this rural location.

Ecology - No adverse impacts are envisaged from an ecological point of view and existing hedgerows will be further planted in order to provide additional habitats and provide screening from adjacent land uses.

Local Financial Considerations

Having regard to S70 (2) of the Town and Country Planning Act the development will attract NNDR revenue. Conclusion

The tourism development is considered to be acceptable as an ancillary expansion of the existing hotel facilities in compliance with 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, Policy DM17 -Trees, Hedgerow and Woodland , subject to planning conditions as set out below to address matters of highway access, amenity, drainage, the potential for contamination, lighting and landscaping.

Page 38 Annex 1

Conditions/Reason

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: 4445 01 Rev A - Location plan 4445 02 Rev D - Proposed site plan received 6 January 2017 4445 03 - Proposed elevations and floor plans for toilet block 4445 04 - Proposed camping pod elevations and floor plans 444506B - Proposed landscaping plan received 6 January 2017 Flood Risk Assessment received 6 January 2017 Topography details Email regarding external finishes of toilet block received 14 February 2017 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. 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.

4. Details shall be submitted to the Local Planning Authority of a surface water drainage scheme based on the principles of an on site attenuation tank with hydrobrake control as set out in the Flood Risk Assessment received 6 January 2017 and the Proposed Site Plan drawing number 444502D received 6 January 2017, to restrict the post development peak surface water run off rate to no more than 7.9 l/s. The approved surface water drainage scheme shall be implemented prior to the occupation or use of the approved development and retained thereafter to the satisfaction of the Local Planning Authority. 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, maintained and managed in accordance with the approved details. 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.

5. Prior to the commencement of the use of the site, details of the lighting scheme for the development (including siting and design), details of all lamps plus levels and hours of illumination shall be submitted to and approved by the Local Planning Authority. The lighting details should be

Page 39 solely implemented in accordance with the approved details. Reason: To safeguard the amenity of nearby residential properties from the operational use, in compliance with the National Planning Policy Framework and Policy S32 of the Allerdale Local Plan (Part 1), Adopted July 2014.

6. Landscaping works shall be carried out in accordance with drawing number 4445 06B received 6 January 2017. 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.

7. The landscaping scheme shall be maintained at all times in accordance with the approved Landscape Management Plan drawing number 444506B received 6 January 2017. Reason: To ensure the long term maintenance and management of public open space within the residential estate.

8. No development shall take place until a Construction Method Statement has been submitted to and approved in writing by the Local Planning Authority. The statement shall include the following:  Formation of the construction compound and access tracks and any areas of hard standing;  Cleaning of site entrances and the adjacent public highway;  The sheeting of all HGV’s taking spoil to/ from the site to prevent spillage or deposit of any materials on the highway;  Post-construction restoration/ reinstatement of the working areas.  A Construction Traffic Management Plan to include: The construction of the site access and the creation, positioning and maintenance of the associated visibility splays; Access gates will be hung to open away from the public highway no less than 10m from the carraiageway edge and shall incorporate appropriate visibility splays; Proposed accommodation works and where necessary a programme for their subsequent removal and reinstatement of street furniture and verges, where required along the route; The pre-construction road condition established by a detailed survey for accommodation works within the highways boundary conducted with a Highway Authority representattive; Details of all road improvement, construction specification, strengthening, maintenance and repair commitments if necessary as a consequence of the development; Retained areas for vehicle parking, manoeuvring, loading and unloading for their specific purpose during the development; the management of junctions to and crossings of the public highway and other public rights of way/ footway. 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

Page 40 neighbouring properties during the construction works of the development hereby approved, in compliance with the National Planning Policy Framework and Policy S32 of the Allerdale Local Plan (Part 1), Adopted July 2014 and in the interests of highway safety.

9. 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 commence within the 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.

10.Should land affected by contamination be identified under the desktop study condition 9 following site investigations which poses unacceptable risks to human health, controlled waters or the wider environment, no development shall take place until a detailed remediation scheme has been submitted to and approved in writing by the Local Planning Authority. The scheme must include an appraisal of remediation options, identification of the preferred option(s), the proposed remediation objectives and remediation criteria, and a description and programme of the works to be undertaken including the verification plan. Reason: To minimise any risk during or post construction works arising from any possible contamination from the development to the local environment in compliance with the National Planning Policy Framework and Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014.

11.Should a remediation scheme be required under condition 10, 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.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

Page 41 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.

13.The caravans/ camping podshereby 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 2015), 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.

14.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.

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.

Notes to Applicant: Coal Authority Informative, Caravan Sites Informative.

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Page 46 Agenda Item 8

Allerdale Borough Council Planning Application 2/2016/0774

Proposed Advertisement consent for a single hoarding sign and stone faced Development: forecourt sign (Resubmission) Location: Premier Inn Egremont Road Cockermouth Applicant: Mr Matt Gent

Recommendation: APPROVE

Summary/Key Issues

Issue Conclusion

Highway Safety The proposed advertisements will not have a detrimental impact upon highway safety. Visual Amenity The site occupies a sensitive location on the urban fringe to the southern periphery of the town adjacent to the A66. The proposed signage around the building and along the site access is of an acceptable scale, design, siting and illumination for this location.

Site

The application site in situated on land to the south west of Cockermouth, directly adjacent to the A66, A5086, and the roundabout linking the two.

The site is currently under development to create an approved restaurant and hotel, following demolition of the former buildings at the site (see planning reference 2/2015/0716). The main access point for the development would be via the existing entrance off the A5086.

Proposal

The proposal is a resubmission to 2/2016/0482, which sought advertisement consent for fascia signs, hoardings and other signs relating to the development. This application was referred to Development Panel and a split decision was taken, approving various signs in and around the site whilst refusing 3 no. signs within the grounds due to their inappropriate siting and illumination.

The current advertisement application seeks consent for 2 additional signs seeking to address the former reasons for refusal.

The first was to be located adjacent to the site entrance. The position has since been

Page 47 amended to one further within the site near the car park, where it would be largely obscured from the public highway by intervening landscape. The sign would be double sided and measure 1.850m x 1.230m at a height of 2.35m above ground level, illuminated via pelmet lighting.

The second would be located adjacent to the A5086 junction with the roundabout. This originally comprised a 1.2m flag panel on a flagpole measuring 4.5m at a height of 4m above ground level, externally illuminated. This has since been amended to a 2m high double sided stone structure housing a 750mm Brewers Fayre logo. The stone would match that used in the development. Ground mounted flood lights would illuminate the sign.

Relevant Policies

National Planning Policy Framework Chapter 7 - Requiring good design

Allerdale Local Plan (Part 1) July 2014 Policy DM11 - Advertisements Policy S2 - Sustainable development principles Policy S32 - Safeguarding amenity

Relevant Planning History

2/2015/0716 – The demolition of existing buildings and re-development of the site to provide a hotel (Use Class C1), and accompanying restaurant (Use Class A3) and parking including access, layout, appearance, landsape and associated infrastructure details at The shepherds Hotel, Egremont Road, Cockermouth – Approved 12/04/16

2/2016/0482 – Advertisement consent for fascia signs, hoardings and other signs relating to the development at Brewers Fayre & Premier Inn, Egremont Road, Cockermouth – Split Decision 18/10/16

Representations

Town Council – Recommend approval

Highways – No objections

The application has been advertised on site and neighbouring properties have been notified. No resulting representations have been received to date.

Assessment

The proposal would involve the erection of signage around a restaurant and hotel which are currently under construction. The development site is adjacent to a main roundabout linking the A66 and A5086 which also form main access routes into the town of Cockermouth. There are a range of developments surrounding the roundabout with open

Page 48 countryside surrounding these businesses to the south, east and west.

Given that the site is situated in a prominent position along these main highways, is a gateway to the town of Cockermouth and is surrounded by the open countryside to three sides, the site is considered particularly sensitive in terms of prominence and open landscape setting. The proposed signage therefore has the potential to impact upon the visual amenity of this area.

Paragraph 67 of the National Planning Policy Framework accepts that ‘poorly placed advertisements can have a negative impact on the appearance of the built and natural environment. Control over outdoor advertisements should be efficient, effective and simple in concept and operation. Only those advertisements which will clearly have an appreciable impact on a building or on their surroundings should be subject to the local planning authority’s detailed assessment. Advertisements should be subject to control only in the interests of amenity and public safety, taking account of cumulative impacts.’

With this in mind, it is accepted that the site and its use would warrant directional signs and advertisements relating to the premises, however, given the sensitivity of the location and in accordance with current planning policy DM11 of the Allerdale Local plan (part 1) July 2014, these should be appropriately located and of a suitable design, size, colour, materials and illumination.

Officers are aware that a high standard of design was applied to the Premier Inn building and its adjoining restaurant to reflect a rural theme as it was considered the southern side of the A66 remained rural in its character and setting. Similarly, this approach has been taken in determining the subsequent application for advertisement consent (2/2016/0482). Despite the sensitivity of the site, it is accepted that the applicant needs to advertise the business available at the premises although this needs to be balanced against safeguarding the rural character of the surrounding area.

The applicant’s original proposal met with some reservations from Officers. It was considered that the pole mounted sign (labelled Sign F) adjacent to the highway was of a scale, design and siting which would be out of character with the surrounding rural character. The applicant has since amended this element to a 2m high stone wall with 750mm Brewers Fayre logo, illuminated by ground mounted flood light. The wall would be built with local stone to match that used in the development building. Similar forms of advertisement are in evidence in the locality such that this approach to design and scale are considered appropriate for the sensitive setting.

The proposed double sided sign (labelled Sign L) was to be positioned adjacent to the highway at the site entrance. Officers consider that signage around the highway should be limited to prevent the cumulative impact a number of signs could create within such a sensitive location. The position of this sign has therefore met with some reservations. The applicant has since amended the position of the sign to be sited further within the grounds so that it would be largely obscured from the highway by the intervening landscaping. This siting is therefore now considered appropriate.

Local Financial Considerations

Having regard to S70 (2) of the Town and Country Planning Act the proposal would not

Page 49 result in any local financial benefits.

Conclusion

The current proposal looks to amend those signs refused as part of the split advertisement decision under 2/2016/0482. The reasons for refusal of the signs under this former application related to the detrimental impact of the signs upon the character and visual amenity of the area, due to inappropriate siting and illumination.

The current proposal has been amended to incorporate signage of a character and design which is already evident in this sensitive setting. The scale, design and form of illumination are considered to preserve the visual amenity of the area.

The siting of the double sided promotional sign has been amended such that signage around the highway is limited, minimising the potential for clutter in the largely rural landscape.

The proposed amended signs are now felt to be appropriate for the site having no significant adverse impact upon the visual amenity of the area. The proposal is therefore (subject to any outstanding consultation replies) considered to satisfy current planning policy and is therefore recommended for approval.

Page 50 Annex 1

Conditions

1. The consent hereby given shall run for the term of 5 years from the inception of the display or from the date 28th February 2017 whichever is earlier subject to compliance with the following conditions. Reason: This is the maximum period for which consent can be granted.

2. The development hereby permitted shall be carried out solely in accordance with the following plans: AP10 - Location Plan Block Plan ( as amended 14th February 2017) Sign Elevations (as amended 14th February 2017) 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. No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant permission. Reason: In order to comply with the provisions of the Town & Country Planning (Control of Advertisements) (England) Regulations 2007.

4. No advertisement shall be sited or displayed so as to: (a) endanger persons using any highway, railway, waterway, dock, harbour or aerodrome (civil or military); (b) obscure, or hinder the ready interpretation of, any traffic sign, railway signal or aid to navigation by water or air; or (c) hinder the operation of any device used for the purpose of security or surveillance or for measuring the speed of any vehicle. Reason: In order to comply with the provisions of the Town & Country Planning (Control of Advertisements) (England) Regulations 2007 and in the interests of public safety.

5. Any advertisement displayed, and any site used for the display of advertisements, shall be maintained in a condition that does not impair the visual amenity of the site. Reason: In order to comply with the provisions of the Town & Country Planning (Control of Advertisements) (England) Regulations 2007 and in the interests of public safety.

6. Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a condition that does not endanger the public. Reason: In order to comply with the provisions of the Town & Country Planning (Control of Advertisements) (England) Regulations 2007 and in the interests of public safety and visual amenity.

7. Where an advertisement is required under these regulations to be removed, the site shall be left in a condition that does not endanger the public or impair visual amenity. Reason: In order to comply with the provisions of the Town & Country Planning

Page 51 (Control of Advertisements) (England) Regulations 2007 and in the interests of public safety and visual amenity.

8. The signs permitted by this consent shall only be illuminated during the opening hours of the premises to which they relate. Reason: To restrict the illumination to the opening hours to safeguard the amenity of other residential properties in the locality of the site, in accordance with the National Planning Policy Framework and Policy S32 of the Allerdale Local Plan (Part 1), Adopted July 2014.

9. The means of illumination of the advertisements hereby granted advertisement consent shall be by fixed and constant lights and not by any means of illumination which is or appears to be intermittent, moving or flashing. Reason: In the interests of visual amenity of the site and its surroundings, and highway safety.

10.The means of illumination shown on the approved plan shall be hooded and angled to illuminate only the approved advertisements. Reason: To prevent the obtrusive spread of light over a large area in the interests of visual amenity.

11.The maximum illumination of the approved signage shall not exceed 600 cd/square metre. Reason: In the interests of road safety and the environmental amenities of the area.

Proactive Statement

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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