DEVELOPMENT SERVICES
PLANNING COMMITTEE
FOR DECISION
15th December 2020
Ladies and Gentlemen,
The applications within this report have been submitted for determination under the Town and Country Planning Acts and associated legislation.
All applications within this report are “Delegated” to this Committee but can be moved “Non-Delegated” by a Member of the Committee under the terms adopted for the Scheme of Delegation approved by Council, 16th May, 1994. Any such motion needs to be accepted by a majority of Members of the Committee present (Council, 8th August, 1995). All applications left as Delegated will be decided by the Committee and will not be subject to confirmation by Council.
The application plan numbers also refer to files for the purposes of background papers.
PUBLIC PARTICIPATION
Any member of the public who wishes to ask a question, make representations or present a deputation or petition at this meeting should apply to do so by no later than 12 noon, three working days before the date of the Planning Committee meeting. Information on how to make the application can be obtained by viewing the Council’s website www.barrowbc.gov.uk or by contacting the Planning Business Support Team at [email protected] or by telephone on 01229 876405..
Jason Hipkiss
Development Services Manager (Planning and Enforcement)
Page 1 of 38 B22/2020/0771 Planning Committee 15th December 2020
Application Number : B22/2020/0771 Date Valid :24/11/2020 Address : Forum 28, Duke Street, Barrow- Case Officer : Jennifer Dickinson in-Furness, Cumbria. LA14 1HH Proposal : Advertisement consent to display 6 projection lights to project images onto the Town Hall. Ward : Hindpool Ward Parish : N/A Applicant : Mr L Winter, Barrow Borough Agent : Mr L Winter, Barrow Borough Council Council Recommendation : Granted with Statutory Date : 19/01/2021 Conditions Barrow Planning Hub
Relevant Policies and Guidance
Full details of the policies listed below are included in the appendix
National Policies
1. National Planning Policy Framework 2018 - Para NPPF-132
Local Plan Policies
1. Barrow Borough Local Plan 2016-2031 - Policy DS1 - Council’s commitment to sustainable development 2. Barrow Borough Local Plan 2016-2031 - Policy DS2 - Sustainable Development Criteria 3. Barrow Borough Local Plan 2016-2031 - Policy DS5 - Design
Summary of Main Issues
As this application is for Advertisement consent the main considerations are limited to public safety and amenity. As the Council is the applicant and it relates to council owned property it is necessary to report this matter to committee.
Page 2 of 38 Response to Publicity and Consultations
Neighbours Consulted
Street Name Properties Duke Street 26, 50 52, 51 55, Market Street Holiday Inn Express,
Responses Support Object Neutral
0 0 0 0 Consultations and site notice expire on 18.12.2020
Organisations Consulted
Consultee Barrow Borough Council (Building Control) Barrow Borough Council (Estates) Cumbria County Council (Emergency Planning) Cumbria County Council (Highways)
List of Organisation Responses
Cumbria County Council (Emergency Planning) 25/11/2020
"Our response is the following:
The BAE site is covered by the provision of the Radiation (Emergency Preparedness and Public Information) 2019 Regulations. There are no objections to the proposed development based on the information provided but it should be noted that the proposed development is situated within the Detailed Emergency Planning Area of BAE. Cumbria County Council, in liaison with the site operator and the Office for Nuclear Regulation, have certain special arrangements are made for residents/business premises in this area and particular attention is paid to ensuring that people are aware of the appropriate action to take in the event of an incident at the site.
Accordingly I would be grateful if you could, in the event of the application being approved, advise the applicant to liaise with this office to allow for further discussion."
Highways Cumbria County Council (Highways) 30/11/2020
Cumbria County Council as the Highways Authority and the Lead Local Flood Authority (LLFA) has reviewed the above planning reference and our findings are detailed below.
Page 3 of 38 I can confirm that the Highway Authority and Lead Local Flood Authority has no objections to the proposal, subject to the following recommended conditions being included in any Notice of Consent which may be issued:
The lighting units shall be erected so that no direct rays of light from the source of illumination shall be visible to the drivers of vehicles using the highway, and shall be maintained in that respect thereafter.
Reason: In the interests of highway safety.
To support Local Transport Plan Policies: LD7, LD8
Officers Report
1.Site and Locality
1.1 The host property is the Forum entertainment venue which is positioned opposite the Town Hall on Duke Street across the Town Square. It is situated within the centre of town adjacent to the indoor market and adjacent to retail premises. The locality of the site is characterised by commercial buildings and offices with the Holiday Inn Express nearby on Market Street.
2. Proposal Details
2.1 Advertisement consent to display 6 projection lights to project images onto the Town Hall including the clock tower. The lights are multi-coloured and are to be positioned facing upwards from above ground floor level. They have changeable 'gobos' which display stencil type shapes, for example a poppy or snowflake, onto the building, dependent upon the nature of the subject or celebration.
3. Relevant History
3.1 1988/0003 Land Between Dalton Road and Duke Street Barrow-in-Furness - Outline permission for covered town centre re-development scheme. Appcond 18/02/1988
3.2 45/2005/1638 Forum 28 28 Duke Street Barrow-in-Furness - Enclosure of part of built over area plus internal alterations to give additional ground floor space for existing uses. Approved 30/11/2005
3.3 83/2006/0026 Forum 28 Duke Street Barrow-in-Furness - Advertisement Consent to display 4 no. internally illuminated fascia signs to the front and side elevation Appcond 08/02/2006
3.4 84/2006/0680 Forum 28 Duke Street Barrow-in-Furness - Advertisement Consent to install five flags on the front elevation at first floor level. Appcond 21/06/2006
3.5 B18/2011/0677 26 Tastebuds Duke Street Barrow-in-Furness - Installation of awnings to front elevation. Appcond 08-DEC-2011
Page 4 of 38 3.6 B21/2009/1806 Forum 28, Ginnel and Town Square Duke Street Barrow-in-Furness - Installation of 4.6 metres high timber panelling along western facade of Forum 28 incorporating vitreous panel artwork, mural and display panels. Provision of steel screen gates to service area and Market car park stairs entrance adjacent to Town Square Appcond 03-DEC-2009
3.7 B22/2009/1199 Forum 28 Duke Street Barrow-in-Furness - Advertisement Consent to display 1 No. illuminated fascia sign above main entrance, 4 No. non-illuminated fascia signs above ground floor glazing and 1 No. illuminated box sign above Tourist Information Centre. Appcond 08-SEP-2009
3.8 B22/2010/1127 Forum 28 Duke Street Barrow-in-Furness - Advertisement consent to display banner on east corner. Appcond 06-OCT-2010
3.9 B29/2009/0213 Forum 28 Duke Street Barrow-in-Furness - Formation of draught lobby and extension of gallery. Repositioning of security gates. Appcond 18-MAR-2009
Relevant Legislation, Policies and Guidance
3.10 Legislation
Town and Country Planning (Control of Advertisements) (England) Regulations 2007 Planning (Listed Buildings and Conservation Areas) Act 1990 Sections 66 and 72
3.11 National Policies
1. National Planning Policy Framework 2018 - Para NPPF-132
3.12 Local Plan Policies
1. Barrow Borough Local Plan 2016-2031 - Policy DS1 - Council’s commitment to sustainable development 2. Barrow Borough Local Plan 2016-2031 - Policy DS2 - Sustainable Development Criteria 3. Barrow Borough Local Plan 2016-2031 - Policy DS5 - Design
Planning Practice Guidance
3.13 Regulation 3 requires that local planning authorities control the display of advertisements in the interests of amenity and public safety, taking into account the provisions of the development plan, in so far as they are material, and any other relevant factors. Unless the nature of the advertisement is in itself harmful to amenity or public safety, consent cannot be refused because the local planning authority considers the advertisement to be misleading (in so far as it makes misleading claims for products), unnecessary or offensive to public morals.
Page 5 of 38 3.14 There are no specific local plan policies relating to adverts. Local Plan Policy DS5 is considered relevant along with National Planning Policy Framework paragraph 132 which makes reference to how the quality and character of places can suffer when advertisements are poorly sited and designed.
4. Officer Assessment
4.1 The proposed development involves the installation of 6 exterior light projectors similar to those which would be used for stage lighting. The proposed units are suitable for outdoor locations and provide illumination which will project symbols or designs onto the Town Hall. These are to be evenly positioned along the front elevation of the Forum building just above ground floor level and face towards the Town Hall. Supporting information provided explains that:
"The lights will be fixed to the Forum and pointed at the Town hall building on the Duke street, pedestrianised elevation only. The lights will be on a dimmer so intensities can be altered, not just full on all the time. The lights will be focused onto the Town hall structure only and no light will spill from the sides. The lights will not be on all of the time, only for special occasions and holidays. The lights are going to be installed high enough so they will not be shining into the highway or the Duke street pedestrianised area. The existing Town Hall flood lights create more light spill than the external projectors will".
4.2 As stated above, under this application process the Authority are limited in the consideration of this type of application to two areas; public safety and amenity. This is alongside our duty under the Listed Buildings and Conservation Areas Act to assess the impact on setting of both the Listed building and Central Barrow Conservation Area.
4.3 Cumbria Highways have been consulted on the application and raise no objection on public safety grounds subject to a condition. This should be sufficient to satisfy the public safety consideration.
4.4 With regards to impact on amenity, there is only one elevation that is proposed to be illuminated which is the side of the Town Hall facing towards the Forum building on Duke Street. The fixed nature of the lighting projectors can be positioned to ensure that there is no overspill of light beyond the face of the Town Hall building and this can also be addressed by condition.
Page 6 of 38 4.5 When viewing the area of the proposal, the Holiday Inn Hotel is adjacent to the corner of the Town Hall on the Market Street side and the Furness Building Society offices on the Cornwallis Street side. The nearest windows serving the Holiday Inn are on the opposite side of the road and are on the corner of the property serving a stairwell and lift area. I am therefore satisfied that there should be no impact on the hotel from this proposal. The remainder of the affected area on the Town Hall is served by offices which are unlikely to be occupied during the hours of operation of the projectors.
4.6 The benefit of this circumstance is that the Borough Council operates both buildings which should ensure there is minimal impact on amenity to the Town Hall and coordination can been facilitated between both buildings. The illumination of this face of the building should be visible across a much wider area of the Borough than the immediate vicinity and this will add to the attractiveness of the building and enhance it as a symbol of the town. This follows on from recent initiatives which have involved changing the colour of the clock face for special events.
4.7 In terms of the duty under the Listed Buildings and Conservation Areas Act, this illumination of a heritage asset which is positioned within a Conservation Area and also is a Listed building itself has the potential to enhance the building and its setting. The illumination will not be displayed every day but mostly during special occasions such as Christmas, Remembrance, Halloween and other such calendar events. It has the potential to better reveal the Town Hall as a heritage asset and signpost people to the area thereby enhancing the appreciation of the building and its surroundings. In terms of the requirement of the Act, the proposal meets the requirement to preserve or enhance the building and its setting.
5. Conclusions
5.1 Overall the proposal should not impact on public safety or amenity whilst better revealing the Town Hall as a heritage asset. The proposal is considered acceptable and to accord with both local and national policy.
5.2 The recommendation takes account of the fact that in order to utilise the equipment for Christmas a decision is needed before the January meeting.
6. Recommendation
I recommend that this committee agrees that;
A. Subject to no material objections being received within the unexpired consultation period that would warrant re-consideration of the application, that the Development Services Manager (Development Management and Enforcement) be given delegated authority to GRANT Advertisement Consent subject to the following Conditions:
Page 7 of 38 Compliance with Approved Plans
1. The development hereby permitted shall be carried out in all respects in accordance with the application dated as valid on 24.11.20 and the hereby approved documents defined by this permission as listed below, except where varied by a condition attached to this consent:
Application Form dated 17.11.2020 Extra Information Supporting Statement Image 2 - The Forum - Exterior Light Projector Locations.
Reason
To ensure that the development is carried out only as indicated on the drawings approved by the Planning Authority.
During Building Works
2. 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
Required to be imposed pursuant to Schedule 2 Regulation 2(1) of the Town and Country Planning (Control of Advertisements) (England) Regulations, 2007.
Operational Conditions
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
Required to be imposed pursuant to Schedule 2 Regulation 2(1) of the Town and 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
Required to be imposed pursuant to Schedule 2 Regulation 2(1) of the Town and Country Planning (Control of Advertisements) (England) Regulations, 2007.
Page 8 of 38 5. 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
Required to be imposed pursuant to Schedule 2 Regulation 2(1) of the Town and Country Planning (Control of Advertisements) (England) Regulations, 2007.
6. 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
Required to be imposed pursuant to Schedule 2 Regulation 2(1) of the Town and Country Planning (Control of Advertisements) (England) Regulations, 2007.
7. The lighting units shall be erected so that no direct rays of light from the source of illumination shall be visible to the drivers of vehicles using the highway, and shall be maintained in that respect thereafter.
Reason
In the interests of highway safety.
B. Should material objections be received within the statutory consultation period, then the application is determined by Planning Panel.
Page 9 of 38 2020/0771
Page 10 of 38 2020/0771 Page 11 of 38 2020/0771
Page 12 of 38 2020/0771
Page 13 of 38 B13/2020/0700 Planning Committee 15th December 2020
Application Number : B13/2020/0700 Date Valid :22/10/2020 Address : Armadale Ireleth Road Ireleth Case Officer : Barry Jesson Askam-in-Furness Cumbria LA16 7DL Proposal : Removal of existing bungalow and outbuildings, construction of 1 no. 1.5 storey dwelling with detached garage (re-submission of B13/2020/0300 in a revised form) Ward : Dalton North Ward Parish : Askam and Ireleth Parish Council Agent : Mr John Knaggs Furness Building Applicant : Mr and Mrs Higham Plans Recommendation : Granted with Statutory Date : 17/12/2020 conditions Barrow Planning Hub
Relevant Policies and Guidance
Full details of the policies listed below are included in the appendix
National Policies
1. National Planning Policy Framework 2018 - Para NPPF-068 2. National Planning Policy Framework 2018 - Para NPPF-124 3. National Planning Policy Framework 2018 - Para NPPF-127
Local Plan Policies
1. Barrow Borough Local Plan 2016-2031 - Policy C3a - Water management 2. Barrow Borough Local Plan 2016-2031 - Policy DS1 - Council’s commitment to sustainable development 3. Barrow Borough Local Plan 2016-2031 - Policy DS2 - Sustainable Development Criteria 4. Barrow Borough Local Plan 2016-2031 - Policy DS5 - Design 5. Barrow Borough Local Plan 2016-2031 - Policy GI6 - Green Links 6. Barrow Borough Local Plan 2016-2031 - Policy H7 - Housing Development on Windfall Sites 7. Barrow Borough Local Plan 2016-2031 - Policy I6 - Parking 8. Barrow Borough Local Plan 2016-2031 - Policy N3 - Protecting biodiversity and geodiversity
Page 14 of 38 Summary of Main Issues
The main issues relate to the potential impact the larger replacement dwelling has on existing residential amenity, site access and the surrounding ecology and biodiversity.
Non Material Considerations
Right to light and loss of private views are not considered to be material planning considerations.
Response to Publicity and Consultations
Neighbours Consulted
Street Name Properties Duddon View 1, Ireleth Road 192, 194, 221, Barregarrow, Dale View, Hesketh Mount, Windy Ridge, Market Street 93,
Responses Support Object Neutral
2 0 2 0
Objection summary
Two objections have been received citing material planning considerations, including:-
concern over a loss of privacy, the raising in height of the property not being in keeping with the surrounding bungalows, a decrease in natural light and overshadowing of property and garden, noise and disturbance from the development.
The Occupier : Dale View, Ireleth Road, Ireleth, Askam-in-Furness
"I write in connection with the above amended planning application. I have examined the amended plans and I know the site well. I wish to object to the development of the house in this location. I write on behalf my mother, an elderly lady, who wishes to be able to enjoy the light and privacy she has enjoyed on her property for over 56 years, ‘as defined in the Prescription Act 1832’.
Page 15 of 38 The amended/resubmitted plans show the proposal to remove then replace with “property 1” immediately adjacent to Dale View which will decrease light and increase overshadowing to the property and garden of Mrs Harrison. The decrease in natural light into the windows at the west side and front of Dale View are especially a concern with the proposal to build a 2 (1 ½?) storey house within a distance of 3.2 m.
There will be an extended time period of noise and disturbance to Mrs Harrison during a time when she should be able to enjoy her property to its fullest as she has for over 56 years. Such developments have a severe impact on the enjoyment of home life, particularly on elderly residents who are currently confined to their houses and could be for the foreseeable. Should this development proceed, it is clear there is the potential to become a private nuisance as defined under Part 3 of the Environmental Protection Act 1990. Without reassurance of prevention measures in place to protect Mrs Harrison’s right to privacy, enjoyment of property, right to the light enjoyed throughout her time in the property, and minimal noise disruption, Mrs Harrison will remain objected to the above proposal.
If this application is to be decided by councillors, please take this as notice that I would like to speak at the meeting of the committee at which this application is expected to be decided. Please let us know as soon as possible the date of the meeting.
Finally, please note that our submission is in respect of the proposed development. While we have taken every effort to present accurate information for your consideration, we are not a decision maker or statutory consultee, we cannot accept any responsibility for unintentional errors or omissions, and you should satisfy yourselves on any facts before reaching your decision.
We waiver our rights to anonymity under GDPR in order for the above objections to be heard in full".
Organisations Consulted
Consultee Askam and Ireleth Parish Council Barrow Borough Council (Building Control) Barrow Borough Council (Planning Policy) Cumbria County Council (Highways) Cumbria County Council (LLFA) Natural England United Utilities (Asset Protection)
Page 16 of 38 List of Organisation Responses
Askam and Ireleth Parish Council 18/11/2020
"This application was discussed at the Zoom parish council meeting held on Tuesday 17 November. There were no objections to the development, but comments were made. The parish council are concerned about the demolition and construction phase of this development and ask that the Borough Council consider asking the Developer to adhere to safety issues during these phases. The parish council are concerned for pedestrians and in particular the children and parents who use the pavement outside the development when walking their children to Ireleth St Peter’s School. We ask that restrictions are put in place that NO parking or unloading is allowed on the pavement or road outside the development and that all vehicles must be located within the development. The A595 Ireleth Road is an extremely busy road and parking on the road is a great concern to the parish council. We employed a Speed Indicator Device on the road, just a little further up from this development and the results were – 23.9.2020 to 16.10.2020 Max Speed 2340 hours 12 October 60 mph (30 mph speed area) Total Vehicle count (one way up Ireleth Hill) 50866 vehicles The parish council would kindly ask the Borough Council recommend as a condition that the Developer takes into consideration the times that parents and children are walking to and from Ireleth St Peter’s School i.e. mornings between 8.30 and 9.00 am and afternoons between 3.00 and 3.30 pm and not allow the heavy vehicles to access or leave the site during this time period."
Barrow Borough Council (Building Control) 26/10/2020
“Building regulation approval required for the proposals”.
Cumbria County Council (Highways & LLFA) 06/11/2020
"Thank you for your consultation on 23 October 2020 regarding the above Planning Application. Cumbria County Council as the Highways Authority and the Lead Local Flood Authority (LLFA) has reviewed the above planning reference and our findings are detailed below.
The Highway Authority has undertaken an assessment of the proposal and I note that this application is now for a single replacement dwelling rather than two new dwellings, in essence maintaining the status quo. Therefore in terms of the net additional traffic generation, access arrangements and parking provision I am satisfied that the application would not create any additional impact on the safety and operation of the highway.
I can therefore confirm that the Highway Authority and Lead Local Flood Authority has no objection to the proposed development."
Page 17 of 38 Natural England 30/10/2020
"Natural England has no comments to make on this application.
Natural England has not assessed this application for impacts on protected species. Natural England has published Standing Advice which you can use to assess impacts on protected species or you may wish to consult your own ecology services for advice.
Natural England and the Forestry Commission have also published standing advice on ancient woodland and veteran trees which you can use to assess any impacts on ancient woodland.
The lack of comment from Natural England does not imply that there are no impacts on the natural environment, but only that the application is not likely to result in significant impacts on statutory designated nature conservation sites or landscapes. It is for the local planning authority to determine whether or not this application is consistent with national and local policies on the natural environment. Other bodies and individuals may be able to provide information and advice on the environmental value of this site and the impacts of the proposal to assist the decision making process. We advise LPAs to obtain specialist ecological or other environmental advice when determining the environmental impacts of development.
We recommend referring to our SSSI Impact Risk Zones (available on Magic and as a downloadable dataset) prior to consultation with Natural England. Further guidance on when to consult Natural England on planning and development proposals is available on gov.uk at https://www.gov.uk/guidance/local-planning-authorities-get-environmental-advice"
United Utilities 27/10/2020
"With reference to the above planning application, United Utilities wishes to draw attention to the following as a means to facilitate sustainable development within the region.
Drainage
In accordance with the National Planning Policy Framework (NPPF) and the National Planning Practice Guidance (NPPG), the site should be drained on a separate system with foul water draining to the public sewer and surface water draining in the most sustainable way.
The NPPG clearly outlines the hierarchy to be investigated by the developer when considering a surface water drainage strategy. We would ask the developer to consider the following drainage options in the following order of priority:
Page 18 of 38 1. into the ground (infiltration);
2. to a surface water body;
3. to a surface water sewer, highway drain, or another drainage system;
4. to a combined sewer.
We recommend the applicant implements the scheme in accordance with the surface water drainage hierarchy outlined above.
If the applicant intends to offer wastewater assets forward for adoption by United Utilities, the proposed detailed design will be subject to a technical appraisal by an Adoptions Engineer as we need to be sure that the proposal meets the requirements of Sewers for adoption and United Utilities’ Asset Standards. The proposed design should give consideration to long term operability and give United Utilities a cost effective proposal for the life of the assets. Therefore, should this application be approved and the applicant wishes to progress a Section 104 agreement, we strongly recommend that no construction commences until the detailed drainage design, submitted as part of the Section 104 agreement, has been assessed and accepted in writing by United Utilities. Any works carried out prior to the technical assessment being approved is done entirely at the developers own risk and could be subject to change.
Details of both our S106 sewer connections and S104 sewer adoptions processes (including application forms) can be found on our website http://www.unitedutilities.com/builders- developers.aspx
Please note we are not responsible for advising on rates of discharge to the local watercourse system. This is a matter for you to discuss with the Lead Local Flood Authority and / or the Environment Agency if the watercourse is classified as main river.
Water supply
If the applicant intends to obtain a water supply from United Utilities for the proposed development, we strongly recommend they engage with us at the earliest opportunity. If reinforcement of the water network is required to meet the demand, this could be a significant project which should be accounted for in the project timeline for design and construction.
To discuss a potential water supply or any of the water comments detailed above, the applicant can contact the team at [email protected].
Please note, all internal pipework must comply with current Water Supply (water fittings) Regulations 1999.
Page 19 of 38 United Utilities’ property, assets and infrastructure
Where United Utilities’ assets exist, the level of cover to the water mains and public sewers must not be compromised either during or after construction.
For advice regarding protection of United Utilities’ assets, the applicant should contact the teams as follows:
Water assets – [email protected]
Wastewater assets – [email protected]
It is the applicant's responsibility to investigate the possibility of any United Utilities’ assets potentially impacted by their proposals and to demonstrate the exact relationship between any United Utilities' assets and the proposed development.
A number of providers offer a paid for mapping service including United Utilities. To find out how to purchase a sewer and water plan from United Utilities, please visit the Property Searches website; https://www.unitedutilities.com/property-searches/. You can also view the plans for free. To make an appointment to view our sewer records at your local authority please contact them direct, alternatively if you wish to view the water and the sewer records at our Lingley Mere offices based in Warrington please ring 0370 751 0101 to book an appointment.
Due to the public sewer transfer in 2011, not all sewers are currently shown on the statutory sewer records and we do not always show private pipes on our plans. If a sewer is discovered during construction; please contact a Building Control Body to discuss the matter further.
For any further information regarding Developer Services and Planning, please visit our website at http://www.unitedutilities.com/builders-developers.aspx"
Page 20 of 38 Officers Report
1.Site and Locality
1.1 The application site is an existing, inter-war built bungalow, which fronts onto and is accessed from Ireleth Road, in an area on the north side of the road consisting primarily of bungalows. The area features a mix of individual designs with no overriding or predominant character, except one of low density on generous plots. The existing bungalow is quite unusual with a ‘V’ shaped layout. A number of nearby plots have development behind the predominant building line fronting Ireleth Road, i.e. of a backland development nature. The property has a substantial rear garden with numerous trees and a large outbuilding within the garden. It backs on to another residential garden due to non uniform boundaries, beyond which is an area designated as a Green Link due to its undeveloped, wooded nature.
2. Proposal Details
2.1 Removal of existing bungalow and outbuildings, construction of 1 no. 1.5 storey dwelling with detached garage (re-submission of B13/2020/0300 in a revised form)
3.Relevant History
3.1 1980/0230 Hesketh Mount Ireleth Road Ireleth Askam-in-Furness Alteration and extension to existing house Appcond 09/04/1980
3.2 1984/0556 Barrogarrow, Ireleth Road, Barrow-in-Furness First floor bathroom extension Appcond 17/08/1984
3.3 1984/0946 Windy Ridge, Ireleth Road, Ireleth, Askam-in-Furness Extension to front elevation forming bedroom and porch Approved 10/01/1985
3.4 57/2000/0418 Hesketh Mount Ireleth Road Ireleth Askam-in-Furness Cumbria LA16 7JD Erection of a conservatory to front elevation Approved 02/08/2000
3.5 57/2005/0608 Barregarrow Ireleth Road Ireleth Askam-in-Furness Cumbria LA16 7DL Erection of a rear lounge extension, side kitchen & utility extension and internal alterations including relocation of bedroom and bathroom Approved 25/05/2005
3.6 57/2006/0863 Hesketh Mount Ireleth Road Ireleth Askam-in-Furness Cumbria LA16 7JD Sideways extension of exisiting flat roofed extension to form entrance lobby. Appcond 16/08/2006
3.7 B21/2009/1807 Hesketh Mount Ireleth Road Ireleth Askam-in-Furness Cumbria LA16 7JD Erection of a two storey rear extension and a single storey side extension Appcond 30- NOV-2009
Page 21 of 38 4. Officer Assessment
4.1 Pre-application advice was sought by the then owner of the property seeking the potential for constructing an additional dwelling in the rear garden, in addition to the replacement of the existing dwelling. Potential existed for such a proposal, though it was advised advice be sought from Cumbria CC Highways with regard to the increased use of the access. An application followed on this basis, though it was ultimately withdrawn due to numerous issues/objections centering on access and amenity impact. The additional property and the associated intensification in use of the access lead to a request from the Highway Authority for improved visibility splays. However, these could not be readily provided as the required design relied upon land outside of the applicant’s control. This second scheme, for a replacement dwelling only, followed.
Principle of replacement
4.2 Policy H7 relates to new houses on unallocated sites, against which this proposal is considered. The policy is worded more for new development, whereas this consists of a replacement dwelling in an existing residential area (policy for replacement dwellings relates only to isolated/countryside dwellings). It remains within the built up area of Ireleth, within the Development Cordon, and shares the same infrastructure as the existing house; access, all services etc. The more specific design attributes of H7 remain relevant, and are considered in the design section below. In conclusion, the replacement dwelling raises no conflict with the principle of the continued residential use of the site.
Design
4.3 As noted, the surrounding area features a mix of designs with the dwellings seemingly built and designed on a plot by plot basis. As such there is no predominant design style to draw upon. The primary aim therefore is to contribute to the enhancement of the character and appearance of the area and streetscene in accordance with Local Policy DS2, and ensure design quality using design cues and materials appropriate to the area as per DS5.
4.4 The dwelling is set further forward than the existing bungalow, but falls well within established building lines given the staggered nature of the layouts either side. It is a 1.5 storey design, i.e. has the general appearance of a bungalow but with a developed roof space, with a roughcast render and natural slate roof. Limestone facing is used to the front porch for contrast. The effect is that the overall scale is bigger, with the ridge higher than the existing bungalow. This has lead to an objection, on the basis that it is considered that the scale is out of context with the area.
Page 22 of 38 4.5 Being larger isn’t in its own right a reason to resist such a proposal, instead it would have to result in demonstrable harm to the streetscene and to the neighbouring properties. By developing the roof space rather than having an additional storey and the roof on top, outwardly the property maintains the general character of a bungalow. This enables the provision of the required floor-space but with an aesthetic more befitting of the bungalows either side than would be the case with a traditional two storey house. It strikes an effective balance given its immediate locality, though it should be noted a mix of houses and bungalows do exist within the wider streetscene. The scale is therefore not considered excessive, with a variety of appearances and heights on display in the street, resulting from both design and the topography of the steep slope of Ireleth Road.
4.6 The front elevation features two pitched roof dormers with a central roof window. This helps integrate the habitable roof space within the setting of the roof by the use of two smaller dormers, rather than one large box like design, as more of the roof remains visible, again helping to retain the character of a bungalow. The pitched roof design of the dormers is far superior to the box dormer further along the row, with natural slate being used on the roof to increase design quality further.
Impact on amenity
4.7 This is the other area which has prompted concern from neighbours, citing privacy, impact on natural light and overshadowing. The design avoids windows in the east facing elevation (a condition is proposed to prevent future openings being added) which is the closest elevation to neighbouring properties. Ground floor windows are proposed in the west facing elevation, but due to the low level any potential overlooking is well screened by mature boundary planting. The rear windows face directly over the property’s garden, whilst to the front more than 30m exists between properties. It is therefore considered no detrimental impact on existing privacy standards will result.
4.8 In terms of natural light, specific concern has been expressed regarding a side bedroom window of Dale View. When seen from the applicants site the window isn‘t particularly obvious due to a screening hedge, though the neighbour has stated this results from a lack of maintenance due to the pandemic. The window is located towards the rear half of the original house, facing onto the lower sloping single storey section of the proposed dwelling rather than the main central section.
Page 23 of 38 4.9 The window has been assessed in accordance with BRE guidance; with the window facing the new build, the relevant test is the ‘25 degree test’. A reference line is taken at 2m on the existing building, the assumed position of the top of windows in the existing building. A 25 degree line is then drawn towards the proposed building. If the whole proposed development falls underneath the line drawn at 25 degrees, there is unlikely to be a detrimental effect to daylight on the existing property. Having carried out this assessment it is clear the proposed dwelling falls under the plotted line, and will not therefore result in a significant loss of daylight. The reference line can be reduced to 1.6m in height (the approximate centre point of the window) without impacting the outcome of the test. The lower height of this section of the building that the window faces should also prevent any undue feeling of overbearing or enclosure to the property. Due to orientation, the west facing side elevation would receive limited direct sunlight irrespective of the dwelling; it is not considered the increased scale significantly alters this.
4.10 The 45 degree daylight test is shown on the submitted plans. This is a similar test but carried out where windows are not facing but the additional mass of the dwelling is perpendicular to the window assessed. It is relevant to the front elevation here as the proposed dwelling is forward of the previous/the front windows of Dale View. The test can be carried out in two ways, plan view and elevation view. Only one needs to pass to conclude there will be no significant impact. As shown on the plans, the plan view test passes with regard to the front elevation of Dale View; the rear effectively unchanged given the dwelling is pushed forward.
4.11 The increased separation to the other neighbouring property to the west prevents any impact over and above the existing bungalow. Gardens aren’t afforded the same level of protection as habitable rooms, but given the size of the gardens to each plot, any impact of overshadowing is extremely limited in either direction when considered in the context of the whole garden.
4.12 The resulting standard of amenity is considered to meet the aims of Policy H7.
Access
4.13 This remains unchanged, with the property accessed from Ireleth Road. Sufficient off- road parking is provided with a garage and lengthy drive providing off-road parking for 3 cars or more with a turning area, in line with the aims of Policy I6 and the Cumbria Design Guide. Cumbria CC Highways has no objection given the replacement dwelling does not result in an intensification in use.
4.14 Concern has been expressed by the Parish Council at the potential danger posed by construction traffic/deliveries etc on the busy road, particularly during school drop off/pick times. A condition has therefore been suggested to provide a Construction Management Plan (CMP) before any work commences to ensure the work can be carried out safely. Should the document be submitted prior to the meeting the content can be reported to Members and if accepted can be included within the schedule of approved documents.
Page 24 of 38 Ecology & bio diversity
4.15 A bat survey was carried out in response to comments that the area is frequented by foraging bats. The survey assessed the existing property and curtilage, with the finding summarised as follows:
4.16 The bungalow is constructed from rendered walls and pitched roof with asbestos tiles, with a small flat roof extension to the rear. The detached garage is constructed from corrugate walls and roof. Limited bat roosting potential was identified in the survey between fascia and barge boards and the rendered walls in various places on all elevations, but especially around the rear extension. It stated there is negligible roosting potential in the roof void, as there is no easy access at the eaves or under the asbestos tiles. The potential roosting areas could be used by individual/ itinerant bats at any time of the year (but most suited to use during the active season) but are not suitable for use by more significant roosts. The property is classed as having low bat roost potential. All potential roosts would be lost when the buildings are demolished.
4.17 The surrounding gardens and habitat are assessed as being of moderate quality for foraging and commuting bats, and these areas should not be affected by these proposals. No evidence was found of bats using this property, and only very limited roosting potential identified - and as such, damage to surrounding bat populations by the proposed development is considered very unlikely.
4.18 To account for the small loss of potential habitat it is advised bat and bird boxes are provided within the site; provision for hedgehog passage should also be provided if fences are erected to the rear. Both can be delivered via condition.
4.19 Policy N3 requires all development to provide a biodiversity net gain wherever possible. This is supplemented by The Biodiversity & Development SPD, which was adopted by the Council on 25th May 2018. For major developments this requires the gain to be demonstrated via metrics, though the same requirement does not apply to minor development such as this. In this instance the majority of the existing garden and planting is retained. Only 3 trees are to be lost, all of limited quality within category C. Tree protection measures are provided to safeguard the top end of the garden and the trees within. It is proposed to require 3 replacement trees be provided to mitigate this loss. Planting of new hedging is also identified on plan in the front garden. The aforementioned provision of bird and bat boxes also aid in this regard at replacing the small loss of potential roosting habitat. It is considered these features replace any loss and likely exceed current provision as the new trees will in time offer better habitat potential than the lesser value trees to be removed, whilst more accessible roosts/nests will be available via the required boxes.
4.20 The proposals have no impact on the green link to the north as only the southern section of the application site is subject to the development.
Page 25 of 38 Drainage
4.21 The existing dwelling appears to drain to a separate sewerage system, with surface water discharging to Blea Beck located near the railway lines at the bottom of Ireleth Road. Whilst for simplicity it was originally proposed to discharge in the same manner, Policy C3a does require all new development to explore the drainage hierarchy to ensure the most sustainable drainage is utilised, with disposal of surface water on site being the preferred method. The site isn’t in an area identified as a flood or surface water risk (edge of), so it isn’t critical to ensure such drainage, but more aspirational to provide sustainability gains however small. A soakaway is therefore shown on plan, though full details will be required via condition with an assessment of ground conditions. If the percolation test shows that the ground is not suitable, such as heavy clay, then discharge to the s/w sewer would be justified and have a neutral impact given it is the existing arrangement.
5. Conclusions
5.1 The replacement dwelling continues the residential use of the site, with a modern energy efficient dwelling which will have less environmental impact than the older bungalow which would need substantial upgrading to achieve similar levels. Whilst having an enlarged footprint and height it doesn’t result in any significant detriment to residential amenity as demonstrated in the BRE daylight testing carried out. The design draws upon elements of the existing character of the estate to aid its integration visually, despite there being no overriding or predominant design theme/character. Access remains as existing, though it proposed a CMP will be provided to ensure highway safety during construction. Sustainable drainage is to be explored via condition, whilst landscaping will provide net gains in biodiversity. No evidence of protected species was found following a bat survey, with only limited roosting potential offered by the existing dwelling.
5.2 The scheme for a replacement dwelling is therefore considered to meet the aims of the Development Plan and make a positive contribution to site and wider area, with a more energy efficient and sustainable development than provided by the dated bungalow.
Recommendation
I recommend that Planning Permission be GRANTED subject to the following conditions : -
1. The development must be begun not later than the expiration of three years beginning with the date of this permission.
Reason
Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning & Compulsory Purchase Act 2004.
Page 26 of 38 Compliance with Approved Plans
2. The development shall be carried out and completed in all respects in accordance with the application dated 20/10/20 and the hereby approved documents defined by this permission as listed below, except where varied by conditions attached to this consent.
Drawing ref: SP1, SP2, SP3, P1, P2, G1, T1a. BHA Trees Ltd Arboriculturalist’s Report ref 4057 dated 26/03/20. South Lakes Ecology Bat Survey Report No. 920/5, dated 30/09/20.
Reason
To ensure that the development is carried out only as indicated on the drawings and documents approved by the Planning Authority.
Pre-commencement Conditions
3. No development shall be commenced on the site which is the subject of this permission until the following measures have been met to prevent damage being caused to those trees which are shown to be retained. Measures to protect those trees shown to be retained must include the following; a) Fencing in accordance with the details shown in drawing ref T1a and Arboriculturalist Report ref 4057 Appendix B dated 26/03/20 must be erected around each tree or group of trees as detailed. b) No excavations, site works, trenches, channels, pipes, services, temporary buildings used in connection with the development, areas for the deposit of soil or waste, or for storage of construction materials, equipment or fuel, shall be sited within the crown spread of any tree without the prior express consent of the Planning Authority. c) No burning of any materials shall take place with within 6 metres of any tree or tree groups to be retained without the prior express consent
Reason
In order to ensure that damage does not occur to the trees during building or engineering operations.
Page 27 of 38 4. No development shall take place, including any works of demolition, until a Construction Management Plan has been submitted to, and approved in writing by, the Planning Authority. The approved plan shall be adhered to throughout the construction period. The Statement shall provide for all of the following: i. the parking of vehicles of site operatives and visitors, ii. loading and unloading of plant and materials, iii. storage of plant and materials used in constructing the development, iv. measures to control the emission of dust, dirt and noise during construction, v. a scheme for recycling/disposing of waste resulting from demolition and from construction works.
Reason
In the interests of highway safety and minimising the impact upon local environmental amenity.
Before Occupation
5. Prior to the beneficial occupation of any part of the development, a landscape scheme for the site, showing a minimum of 3 replacement trees must be submitted to and approved in writing by the Planning Authority. The scheme shall be submitted on a plan not greater that 1:500 in scale and shall contain details of numbers, locations and species of plants to be used. The scheme shall be implemented in accordance with the approved details, and all planting and subsequent maintenance shall be to current British Standards.
Reason
In the interests of the visual amenities of the area.
6. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following beneficial occupation of any part of the development, or in accordance with the phasing of the scheme as agreed in writing with the Planning Authority. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased, shall be replaced by the landowner in the next planting season with others of a similar size and species, unless the Planning Authority gives prior written consent to any variation.
Reason
In the interests of the visual amenities of the area.
Page 28 of 38 7. No part of the development hereby permitted shall be occupied until surface water drainage works have been implemented in accordance with details that have been submitted to and approved in writing by the Planning Authority. Before these details are submitted an assessment shall be carried out of the potential for disposing of surface water by means of a sustainable drainage system and the results of the assessment provided to the Planning Authority. Where a sustainable drainage scheme is to be provided, the submitted details shall: i. provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters; ii. include a timetable for its implementation; and iii. provide a management and maintenance plan for the lifetime of the development and any other arrangements to secure the operation of the scheme throughout its lifetime.
Reason
In order to ensure that the site is adequately drained in accordance with the sustainable principles found in the NPPF
8. Prior to the beneficial occupation of the dwelling hereby approved, 2 no. bird and 2 no. bat boxes must be installed in accordance with details submitted to and agreed with the Planning Authority, and thereafter be permanently retained in the agreed location.
Reason
To ensure adequate habitat provision is made for wildlife and to contribute to a biodiversity net gain
Operational Conditions
9. Notwithstanding the provisions of the Town & Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting that Order with or without modifications) no opening of any kind shall be made in the east facing side elevation of the permitted dwelling without the prior written consent of the Planning Authority.
Reason
In order to protect the residential amenities of neighbouring properties from overlooking or perceived overlooking.
10. Prior to their erection/installation, the location, design and situation of any screen walls or fences to be erected in the rear garden shall be submitted to and approved in writing by the Planning Authority, with the design allowing for through migration. The wall/fence must then be erected in accordance with the approved details and thereafter retained.
Reason
In the interests of wildlife migration.
Page 29 of 38 Informative
This development may require approval under the Building Regulations. Please contact your Building Control department on 01229 876356 for further advice as to how to proceed.
Please note that any additional external alterations required under the Building Regulations may also require prior planning consent. Please speak to the Planning Officer before any such works are carried out
Please be aware of the Safe Dig service from United Utilities by contacting United Utilities at; [email protected]
Page 30 of 38 A Block Plan (including 2020/0700Site Location Plan tree locations)
Also refer to drawing SP2
Scale 1:500 @ A3 Area 2 HA Scale 1:1250 on A3
Hesketh Mount A
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Existing trees indicated by brown dots. Trees labelled C1, C2 & C24 to be removed. All others to remain. Also refer to Tree location plans supplied by Windy Ridge BHA Trees Ltd.
C2
C1
A
Supplied by Streetwise Maps Ltd www.streetwise.net Licence No: 100047474 3.9m Ireleth Road Datum (0.0) Section A-A DESIGN & ACCESS STATEMENT It is proposed to remove all current structures within the cutilage of "Armadale" The proposed property is a 1 1/2 storey building with a finished floor level approximately 0.6m lower than the existing bungalow, making the proposed ridgeline appropriate to the location. Client Date Access from the main road is to remain unchanged. However the narrower section of driveway will be 14 Underwood Terrace, Dalton 22/10/20 widened to accommodate better vehicle and pedestrian access. Better turning for vehicles is provided Drawn by John Knaggs Drawing No. to ensure a forward exit is possible for vehicles onto the public highway. Furness Building Plans Tel. (01229) 869830 Furness Building Plans [email protected] SP1
Page 31 of 38 2020/0700
12 G8 B13 C 10 C 11 B C 9 G14 7 15 B C C C 16 G6 G17U18 C5 C C C G19 C G20 4 C H 21 C U e A s
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BHA Trees Ltd Hazel Lodge The Hill Millom LA18 5HA www.bhatrees.co.uk [email protected] .01229 777911 Armadale Askam Rd Ireleth
SCALE : DATE : 1 : 500 @ A4 31/03/2020 MAP FILENAME : BS5837 2012 Tree Survey ‘ Map data shown may contain Ordnance Survey ® products supplied by Pear Technology Services Ltd; Email: [email protected] © Crown Copyright and database rights from date shown above Ordnance Survey ® licence number 100023148
Page 32 of 38 C
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BIODIVERSITY STATEMENT (2.3)
Trees C1, C2 & C24 to be removed. All other (2.1) C24 trees to be maintained. (Refer to tree 6 . Dale 6 locations plan supplied by BHA Trees Ltd.) 0 Bat and bird boxes to compensate for loss 3.20 of habitats (Refer drwg G1 and bat report supplied by South Lakes Ecology.)
(1.4) Areas of new planting (Refer plan SP2) g e B (1.4) d 5 4
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Tarmac (0.9) surface Existing inspection chamber. All foul and surface water to feed here.
Client Date 14 Underwood Terrace, Dalton 20/10/20 Drawn by John Knaggs Drawing No. Datum set to 0.0m Furness Building Plans (31m above sea level) Tel. (01229) 869830 Furness Building Plans [email protected] SP2
Page 33 of 38 2020/0700
Page 34 of 38 C
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Scale 1:200 @ A3 Dale
Underground soil pipe
Underground surface water pipe
Inspection chamber
Soakaway
Windy Ridge
VISIBILITY SPLAYS Existing inspection chamber. VP at 2.4m from carriageway and 1.05m from ground level. All foul water to feed here. Current visibility inadequate.
Visibility to the East is achievable due to the curvature of the road in this direction. Boundary wall required to be lowered. Visibility to the West is unachievable due to the curvature y of the road. ewa er riag ew car S of ain VP line M tre Cen
h tpat Foo Client Date 14 Underwood Terrace, Dalton 20/10/20 Drawn by John Knaggs Drawing No. Furness Building Plans Tel. (01229) 869830 Furness Building Plans [email protected] SP3
Page 35 of 38 2020/0700
Page 36 of 38 2020/0700
Page 37 of 38 2020/0700
Page 38 of 38 PLANNING COMMITTEE
15th December 2020
INDEX
Page Reference Address Proposal
2 2020/0771 Forum 28, Duke Street, Advertisement consent to display 6 projection lights Barrow-n-Furness, to project images onto the Town Hall. Cumbria.
2020/0700 Armadale Ireleth Road Removal of existing bungalow and outbuildings, Ireleth Askam-in-Furnessconstruction of 1 no. 1.5 storey dwelling with Cumbria detached garage (re-submission of B13/2020/0300 in a revised form) Appendices of Policies
Note to Members
Below are the full wordings of the policies relevant to the applications found on the agenda today.
National Planning Policy Framework 2018
NPPF-068 Small and medium sized sites can make an important contribution to meeting the housing requirement of an area, and are often built-out relatively quickly. To promote the development of a good mix of sites local planning authorities should: a) identify, through the development plan and brownfield registers, land to accommodate at least 10% of their housing requirement on sites no larger than one hectare; unless it can be shown, through the preparation of relevant plan policies, that there are strong reasons why this 10% target cannot be achieved; b) use tools such as area-wide design assessments and Local Development Orders to help bring small and medium sized sites forward; c) support the development of windfall sites through their policies and decisions - giving great weight to the benefits of using suitable sites within existing settlements for homes; and d) work with developers to encourage the sub-division of large sites where this could help to speed up the delivery of homes.
NPPF-124 The creation of high quality buildings and places is fundamental to what the planning and development process should achieve. Good design is a key aspect of sustainable development, creates better places in which to live and work and helps make development acceptable to communities. Being clear about design expectations, and how these will be tested, is essential for achieving this. So too is effective engagement between applicants, communities, local planning authorities and other interests throughout the process. NPPF-127 Planning policies and decisions should ensure that developments: a) will function well and add to the overall quality of the area, not just for the short term but over the lifetime of the development; b) are visually attractive as a result of good architecture, layout and appropriate and effective landscaping; c) are sympathetic to local character and history, including the surrounding built environment and landscape setting, while not preventing or discouraging appropriate innovation or change (such as increased densities); d) establish or maintain a strong sense of place, using the arrangement of streets, spaces, building types and materials to create attractive, welcoming and distinctive places to live, work and visit; e) optimise the potential of the site to accommodate and sustain an appropriate amount and mix of development (including green and other public space) and support local facilities and transport networks; and environmental gains for the Borough f) create places that are safe, inclusive and accessible and which promote health and well-being, with a high standard of amenity for existing and future users (Planning policies for housing should make use of the Government's optional technical standards for accessible and adaptable housing, where this would address an identified need for such properties. Policies may also make use of the nationally described space standard, where the need for an internal space standard can be justified); and where crime and disorder, and the fear of crime, do not undermine the quality of life or community cohesion and resilience.
NPPF-132
The quality and character of places can suffer when advertisements are poorly sited and designed. A separate consent process within the planning system controls the display of advertisements, which should be operated in a way which is simple, efficient and effective. Advertisements should be subject to control only in the interests of amenity and public safety, taking account of cumulative impacts. Barrow Borough Local Plan 2016-2031
Policy C3a - Water management All new development will minimise its impacts on the environment through the following measures: a) New development will achieve the minimum standards for water efficiency, as defined by Building Regulations (Approved Document G). By the installation of fittings and fixed appliances, water recycling or other appropriate measures for the prevention of undue consumption of water and which recycle and conserve water resources. b) New development will be required to prioritise the use of sustainable drainage systems (SUDS) and ensure there is no increase in flood risk from surface water. Drainage systems should be of a high design standard and will benefit biodiversity and contribute to improved water quality. Developers will be expected to submit a Drainage Strategy that shows how foul and surface water will be effectively managed. Surface water should be discharged in the following order of priority: i. An adequate soakaway or some other form of infiltration system. ii. An attenuated discharge to a surface water body such as a watercourse. iii. An attenuated discharge to public surface water sewer, highway drain or another drainage system. iv. An attenuated discharge to public combined sewer.
Applicants wishing to discharge to public sewer will need to submit clear evidence demonstrating why alternative options are not available. c) Approved development proposals will be expected to be supplemented by appropriate maintenance and management regimes for surface water drainage schemes. d) On large sites, applicants should ensure that the drainage proposals are part of a wider, holistic strategy, which coordinates the approach to drainage between phases, between developers/landowners and over a number of years of construction. e) On greenfield sites, applicants will be expected to demonstrate that the current natural discharge from a site is at least mimicked. f) On previously-developed land, applicants should target a reduction of surface water discharge in accordance with the non-statutory technical standards for sustainable drainage produced by DEFRA. In demonstrating a reduction, applicants should include clear evidence of existing positive connections from the site with associated calculations on rates of discharge. g) Landscaping proposals should consider what contribution the landscaping of a site can make to reducing surface water discharge. This can include hard and soft landscaping such as permeable surfaces. h) The treatment and processing of surface water is not a sustainable solution. Surface water should be managed at source and not transferred. Every option should be investigated before discharging surface water into a public sewerage network. A discharge to groundwater or watercourse may require the consent of the Environment Agency or Cumbria County Council as Lead Local Flood Authority.
The retrofitting of SuDS in locations that generate surface water run-off will be supported, subject to the criteria above.
Policy DS1 - Council’s commitment to sustainable development When determining planning applications the Council will take a positive approach to ensure development is sustainable. The Council will work pro-actively with applicants to find positive solutions that allow suitable proposals for sustainable developments to be approved wherever possible.
The Council is committed to seeking to enhance the quality of life for residents by taking an integrated approach to protect, conserve and enhance the built, natural and historic environment whilst ensuring access to essential services and facilities and a wider choice of housing. This will enable the Local Plan's Vision and Objectives to be met and to secure development that simultaneously achieves economic, social and
Planning applications that accord with the Development Plan will be approved without delay, unless material considerations indicate otherwise.
Where there are no policies relevant to the application or relevant policies are out of date at the time of making the decision then the Council will grant permission unless material considerations indicate otherwise, taking into account whether: a) Any adverse impacts of granting permission would significantly and demonstrably outweigh the benefits when assessed against the policies in the National Planning Policy Framework (or any document which replaces it) taken as a whole; or b) Specific policies in the Framework (or any document which replaces it) indicate that development should be restricted. Policy DS2 - Sustainable Development Criteria In order to meet the objectives outlined in Policy DS1, subject to other Development Plan policies which may determine the suitability of particular sites, all proposals should meet all of the following criteria, where possible, taking into account the scale of development and magnitude of impact and any associated mitigation by: a) Ensuring that proposed development incorporates green infrastructure designed and integrated to enable accessibility by walking, cycling and public transport for main travel purposes, particularly from areas of employment and retail, leisure and education facilities; b) Ensuring development does not prejudice road safety or increase congestion at junctions that are identified by the Local Highway Authority as being over-capacity; c) Ensuring access to necessary services, facilities and infrastructure and ensuring that proposed development takes into account the capacity of existing or planned utilities infrastructure; d) Ensuring that the health, safety and environmental effects of noise, smell, dust, light, vibration, fumes or other forms of pollution or nuisance arising from the proposed development including from associated traffic are within acceptable levels; e) Respecting the residential amenity of existing and committed dwellings, particularly f) Protecting the health, safety or amenity of occupants or users of the proposed development; g) Contributing to the enhancement of the character, appearance and historic interest of related landscapes, settlements, street scenes, buildings, open spaces, trees and other environmental assets; h) Contributing to the enhancement of biodiversity and geodiversity; i) Ensuring that construction and demolition materials are re-used on the site if possible; j) Avoiding adverse impact on mineral extraction and agricultural production; k) Ensuring that proposals incorporate energy and water efficiency measures (in accordance with the relevant Building Regulations), the use of sustainable drainage systems where appropriate and steers development away from areas of flood risk; l) Ensuring that any proposed development conserves and enhances the historic environment including heritage assets and their settings; and privacy, security and natural light; m) Development must comply with Policy DS3. Where the applicant demonstrates that one or more of the criteria cannot be met, they must highlight how the development will contribute towards the achievement of the Local Plan objectives by alternative means.
Policy DS5 - Design New development must be of a high quality design, which will support the creation of attractive, vibrant places. Designs will be specific to the site and planning applications must demonstrate a clear process that analyses and responds to the characteristics of the site and its context, including surrounding uses, taking into account the Council's Green Infrastructure Strategy. Proposals must demonstrate clearly how they: a) Integrate with and where possible conserve and enhance the character of the adjoining natural environment, taking into account relevant Supplementary Planning Documents; b) Conserve and enhance the historic environment, including heritage assets and their setting; c) Make the most effective and efficient use of the site and any existing buildings upon it; d) Create clearly distinguishable, well defined and designed public and private spaces that are attractive, accessible, coherent and safe and provide a stimulating environment; e) Allow permeability and ease of movement within the site and with surrounding areas, placing the needs of pedestrians, cyclists and public transport above those of the motorist, depending on the nature and function of the uses proposed; f) Create a place that is easy to find your way around with routes defined by a well- structured building layout; g) Prioritise building and landscape form over parking and roads, so that vehicular requirements do not dominate the sites appearance and character; h) Exhibit design quality using design cues and materials appropriate to the area, locally sourced wherever possible; i) Respect the distinctive character of the local landscape, protecting and incorporating key environmental assets of the area, including topography, landmarks, views, trees, hedgerows, habitats and skylines. Where no discernible or positive character exists, creating a meaningful hierarchy of space that combines to create a sense of place; j) Create layouts that are inclusive and promote health, well-being, community cohesion and public safety; k) Incorporate public art where this is appropriate to the project and where it can contribute to design objectives; l) Ensure that development is both accessible and usable by different age groups and people with disabilities; m) Integrate Sustainable Drainage Systems of an appropriate form and scale; n) Mitigate against the impacts of climate change by the incorporation of energy and water efficiency measures (in accordance with the Building Regulations), the orientation of new buildings, and use of recyclable materials in construction; and o) Ensuring that new development avoids creating nesting sites for gulls e.g. through the provision of appropriate roof pitches.
Policy GI6 - Green Links Proposals involving or adjacent to existing hedgerows or Green Links will be supported provided that they do not compromise the continuity or integrity of the hedgerow or green link.
Where considered appropriate by the Planning Authority proposals should enhance the contribution made by the hedgerow or green link.
Policy H7 - Housing Development on Windfall Sites Applications for residential development will be permitted where they satisfy all of the following criteria: a) The site is located within or adjoining the built up areas of Barrow and Dalton or within a development cordon identified in Policy H4; b) Site planning, layout and servicing arrangements are developed comprehensively; c) Buildings are well designed in terms of siting, grouping, scale, orientation, detailing, external finishes, security and landscaping in response to the form, scale, character , environmental quality and appearance of the site and the surrounding area; d) An acceptable standard of amenity is created for future residents of the property in terms of sunlighting, daylighting, privacy, outlook, noise and ventilation; e) The site is served by a satisfactory access that would not impact unduly on the highway network; f) The site has been designed to promote accessibility by walking, cycling and public transport, as opposed to the private car; g) The development is sustainable in its energy usage, environmental impact, drainage, waste management, transport implications and is not at risk of flooding; h) The capacity of the current and proposed infrastructure to serve the development is adequate taking into account committed and planned housing development; i) Where spare infrastructure capacity is not available, the site has the ability to provide for the infrastructure requirements it generates, subject to criterion f); j) Within rural settlements the applicant will be expected to demonstrate how the development will enhance or maintain the vitality of the rural community where the housing is proposed; k) Where the site is located on the edge of Barrow and Dalton, the applicant will be required to demonstrate how the development integrates within existing landscape features and is physically linked to the settlement and does not lead to an unacceptable intrusion into the open countryside or would result in the visual or physical coalescence of settlements; l) The proposal will not harm the historic environment, heritage assets or their setting; m) There would be no unacceptable effects on the amenities and living conditions of surrounding properties from overlooking, loss of light, the overbearing nature of the proposal or an unacceptable increase in on-street parking; and n) The development must comply with Policy N3 and the design principles set out in the Development Strategy chapter should be followed.
The site should make effective use of previously developed land where possible.
Policy I6 - Parking Proposals for new developments will be required to provide evidence to demonstrate that adequate parking provision has been provided in consultation with the Local Highways Authority and in accordance with the parking standards in the "Parking Guidelines in Cumbria" SPG or any update to it.
In areas suffering from significant on-street parking problems, greater provision will be sought where possible, or alternative arrangements will be required. When applying parking standards each site should be assessed on its own merits and, if a developer can demonstrate to the satisfaction of the authority that their proposed parking provision is sufficient, the 'Parking Guidelines in Cumbria' can be relaxed in favour of the demonstrated proposal. The design of on and off site parking provision will be safely accessible and appropriate to the streetscene and character of the local area. Consideration should be given to Policy C3 (water management) and Policy DS6 (landscaping).
Policy N3 - Protecting biodiversity and geodiversity The Council will support development which maintains, protects and enhances biodiversity across the Borough. Proposals for new development should minimise impacts on biodiversity and provide net gains in biodiversity where possible. Proposals will be expected to improve access to important biodiversity areas, and will be required to show full details of measures to achieve this in the form of a suitable Management Plan. Consideration must be given to the Council's Biodiversity and Development Supplementary Planning Document (SPD) and any other relevant guidance.
Designated biodiversity and geodiversity sites
There is a presumption in favour of the preservation and enhancement of sites of international and national importance. Development proposals that would cause a direct or indirect adverse effect on any site of international or national importance, including its qualifying habitats and species will only be permitted where the Council and relevant partner organisations are satisfied that:
.; The adverse effect cannot be avoided (for example through locating the development on an alternative site); and
.; Any adverse impacts can be mitigated for example through appropriate habitat creation, restoration or enhancement on site or in another appropriate location, in agreement with the Council and relevant partner organisations, via planning conditions, agreements or obligations.
Where mitigation is not possible or viable or where there would still be significant residual harm following mitigation, compensation measures should be made to provide an area of equivalent or greater biodiversity value. Compensation should be secured through planning conditions or planning obligations.
Special compensation considerations apply in the case of Natura 2000 sites. If harm to such sites is allowed because the development meets the above criteria and imperative reasons of overriding public interest have been demonstrated, the European Habitats and Wild Birds Directive requires that all necessary compensatory measures are taken to ensure the overall coherence of the network of European Sites as a whole is protected.
Local wildlife sites and geological designations such as County wildlife sites, wildlife corridors and Local Geological Sites (LGS) will be afforded a high degree of protection from potentially harmful development, unless a strong socio-economic need can be demonstrated and the development cannot be situated in a less sensitive location. Assessing the effects of development on biodiversity and geodiversity
Proposals for new development which may result in significant harm to biodiversity must be accompanied by appropriate surveys, undertaken by a suitably qualified person, to identify the potential effects of development. In such cases, the mitigation hierarchy, as referenced in the Council's Biodiversity and Development SPD should be applied and it must be demonstrated that avoidance measures have been considered and justification for ruling these out must be given. Where significant harm is avoidable, it should be adequately mitigated, or as a last resort, compensated for.
Where mitigation is required in the form of species translocation, the Council will work with partners to identify suitable sites for translocation.
Where there is evidence to suspect the presence of protected species, the planning application should be accompanied by appropriate, up-to-date surveys carried out at the correct time of year for the particular species assessing their presence to ensure that the proposal is sympathetic to the ecological interests of the site.