Schedule of Decisions

Control of Development and Advertisements

The Development Control Committee received and considered the following applications:

Item no: 01

Appn Ref No: Applicant: Parish: 16/0242 Mr J Devers Arthuret

Date of Receipt: Agent: Ward: 21/03/2016 Talking Travellers Longtown & Rockcliffe

Location: Grid Reference: Woodlands View, Sandysike, Longtown, , 338435 566161 CA6 5SR

Proposal: Variation Of Condition 2 Of Previously Approved Permission 09/0886 To Remove Identified Named Parties From The Condition And To Remove The Specified Limited Time Period Grant Permission

1. The approved documents for this Planning Permission comprise:

1. the Planning Application Form received 16th August 2016; 2. the Site Plan received 29th March 2016 (Drawing no. 2016/3/2/001 Rev 0); 3. the Supporting Statement received 17th March 2016; 4. the Notice of Decision; 5. any such variation as may subsequently be approved in writing by the Local Planning Authority.

Reason: To define the permission.

2. The use hereby permitted shall be carried on only by Mr George MacDonald, Mrs Natalie MacDonald, Mr James Devers Snr, Mrs Rose Devers, Mr James Devers, Mrs Cherie Devers and their resident dependants.

Reason: But for the special circumstances of the applicants permission would not be forthcoming in accordance with Policy H14 of the Carlisle District Local Plan 2001-2016.

3. The development shall be carried out in accordance with the remaining conditions attached to the "Full" permission approved under application 09/0886.

Reason: For the avoidance of doubt.

Relevant Development Plan Policies

Carlisle District Local Plan 2001 - 2016 Spatial Strategy & Development Principles - Policy DP1 - Sustainable Development Locations

All proposals for development will be assessed against their ability to promote sustainable development. Proposals will be considered favourably in the following locations, provided they are in scale with their location and consistent with other Policies of this Local Plan.

Urban Area

Key Service Centres Brampton Longtown

Local Service Centres Burgh by Sands Heads Nook Castle Carrock Houghton Cummersdale Irthington Raughton Head Dalston Rockcliffe Gilsland Scotby Great Corby Smithfield Great Orton Thurstonfield Hallbankgate Warwick Bridge Hayton

Proposals for development within these locations will be assessed on the basis of the need for development to be in the location specified. Within the Urban Area proposals for retail, office and leisure developments will be subject to a sequential approach which requires that locations re considered as follows: firstly within the City Centres; secondly edge-of-centre locations; and thirdly the remainder of the urban area. Proposals for residential development will be considered against the need to give priority to the reuse of previously developed land, with particular emphasis on vacant and derelict sites and buildings. Settlement Boundaries have been established on the Proposals Map to recognise the extent of built development or where planning permission already exists to judge proposals for development and are not indicative of land ownership. Outside these locations development will be assessed against the needs to be in the location specified.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP1 - Landscape Character

Proposals for development in the rural area must seek to conserve and enhance the special features and diversity of the different landscape character areas. Development will be considered appropriate to the character of the landscape provided the proposal has regard to and conserves: the landform and natural patterns of drainage;  the pattern of trees and woodland;  the habitats of species of importance for wildlife;  the pattern and composition of field boundaries;  the pattern of historic landscape features;  the pattern and distribution of settlements

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP2 - Biodiversity

Proposals in both the rural and urban area should not harm the integrity of the biodiversity resource as judged by key nature conservation principles, and proposals should seek to conserve and enhance the biodiversity value of the areas which they affect. In areas where species protected under national and European legislation are most likely to occur, special account will be given to their presence in the consideration of development proposals.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP3 - Trees And Hedges On Development Sites

Proposals for new development should provide for the protection and integration of existing trees and hedges. Where trees and hedges are present, a survey will be required showing the following: 1 the location of existing trees and hedges; 2 the species, age, height and crown spread of each tree; 3 an assessment of the condition of each tree; 4 the location and crown spread of trees on adjacent land which may be affected by the development; 5 existing and proposed changes in ground level.

In order to protect and integrate existing trees and hedges within new development, the City Council will resist proposals which cause unacceptable tree loss, and which do not allow for the successful integration of existing trees identified in the tree survey. Layouts will be required to provide adequate spacing between existing trees and buildings, taking into account the existing and future size of the trees, and their impact both above and below ground. The City Council will protect existing trees and woodlands where appropriate, by tree preservation orders, and by the use of planning conditions requiring protective fencing around trees to be retained to prevent site works within their crown spread.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP5 - Design

All new development proposals will be assessed against the following design principles. Proposals should: 1 Respond to the local context and the form of surrounding buildings in relation to height, scale and massing, and by making use of appropriate materials and detailing; 2 Take into consideration any important landscape or topographical features and respect local landscape character; 3 Reinforce local architectural features, where appropriate, promoting and respecting local distinctiveness; 4 Ensure all components of the proposal, such as buildings, car parking, access routes, open space and landscaping, are well related to one another to ensure a well integrated, successful and attractive development; 5 Ensure there is no adverse effect on the residential amenity of existing areas, or adjacent land uses, or result in unacceptable standards for future users and occupiers of the development; 6 Ensure the retention and enhancement of existing trees, shrubs, hedges and other wildlife habitats where possible. Where environmental features are lost as a result of the proposal, appropriate mitigation measures should be put in place and on-site replacement of those features will be sought; 7 Include landscaping schemes (both hard and soft) to assist the integration of new development into existing areas and ensure that development on the edge of settlements is fully integrated into its surroundings; 8 Ensure that the necessary services and infrastructure can be incorporated without causing unacceptable harm to retained features; 9 Ensure that the layout and design incorporates adequate space for waste and recycling bin storage and collection.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP6 - Residential Amenity

The amenity of residential areas will be protected from inappropriate development where that development: 1 is for a use inappropriate for residential areas; and/or 2 is of an unacceptable scale; and/or 3 leads to an unacceptable increase in traffic or noise; and/or 4 is visually intrusive.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP12 - Foul And Surface Water Sewerage And Sewage Treatment

Development will not be permitted where inadequate foul and surface water sewerage infrastructure and sewage treatment capacity exists, or where such provision cannot be made within the time constraint of the planning permission.

Carlisle District Local Plan 2001 - 2016 Housing - Policy H14 Gypsies And Travellers

Where there is an identified need the City Council will consider the provision of Gypsy and Traveller Sites. Proposals for Gypsy and Traveller sites will be acceptable providing that:

1 the proposal will not compromise the objectives of the designation of an Area of Outstanding Natural Beauty or Landscape of County Importance; and 2 there would be no adverse impact on the local landscape; and 3 appropriate access and parking can be achieved; and 4 the proposed site is reasonably accessible to community services; and 5 the proposal would not adversely affect the amenities of adjacent occupiers by way of noise, vehicular or other activities on site.

Carlisle District Local Plan 2001 - 2016 Transport - Policy T1- Parking Guidelines For Development

The level of car parking provision for development will be determined on the basis of the following factors: 1 the Parking Guidelines for as updated by additional requirements in PPG 13; 2 the availability of public car parking in the vicinity; 3 the impact of parking provision on the environment of the surrounding area; 4 the likely impact on the surrounding road network; and 5 accessibility by and availability of, other forms of transport.

Item no: 02

Appn Ref No: Applicant: Parish: 16/0493 Magnus Homes Ltd Wetheral

Date of Receipt: Agent: Ward: 03/06/2016 Bob Taylor Planning Wetheral

Location: Grid Reference: Land to the rear of Culreouch & Emohruo, Station 345250 552975 Road, Cumwhinton, Carlisle, CA4 8DJ

Proposal: Erection Of 8no. Dwellings (Outline) Members resolved to defer consideration of the proposal in order to await receipt of the pending independent advice on the updated figures on viability submitted by the applicant, and to await a further report on the application at the next meeting of the Committee on the 21st October 2016.

Item no: 03

Appn Ref No: Applicant: Parish: 16/0568 Mr Eric Norman Orton

Date of Receipt: Agent: Ward: 21/06/2016 Burgh

Location: Grid Reference: Little Orton Farm, Little Orton, Carlisle, CA5 6EP 335254 555217

Proposal: Proposed Extension To Agricultural Building (Revised Application)

Grant Permission

1. The development shall be begun not later than the expiration of 3 years beginning with the date of the grant of this permission.

Reason: In accordance with the provisions of Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

2. The approved documents for this Planning Permission comprise:

1. the submitted planning application form received 21st June 2016; 2. Design and Access Statement received 21st June 2016; 3. the Supporting Statement received 15th August 2016; 4. the location plan received 21st June 2016; 5. the block plan received 15th August 2016; 6. the drainage plan received 15th August 2016; 7. the existing elevations received 21st June 2016; 8. the proposed north and south elevations received 15th August 2016; 9. the proposed east and west elevations received 21st June 2016; 10. the section A-A received 21st June 2016; 11. the floor plan received 21st June 2016; 12. the Notice of Decision; and 13. any such variation as may subsequently be approved in writing by the Local Planning Authority.

Reason: To define the permission.

3. The disposal of surface water from the building hereby approved shall be in complete accordance with the submitted drainage plan received 15th August 2016 unless otherwise approved in writing by the Local Planning Authority.

Reason: To ensure an adequate means of surface water drainage and to avoid run-off onto adjacent land in accordance with Policy CP5 of the Carlisle District Local Plan 2001-2016 and Policy SP6 of the emerging Carlisle District Local Plan 2015-2030.

4. No development approved by this permission shall be commenced until a scheme for the conveyance of foul drainage to have been submitted to and approved in writing by the local planning authority. No part of the development shall be brought into use until foul drainage arrangements have been constructed and completed in accordance with the approved plans.

Reason: To prevent pollution of the water environment in accordance with Policy CP12 of the Carlisle District Local Plan 2001-2016.

Relevant Development Plan Policies

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP1 - Landscape Character

Proposals for development in the rural area must seek to conserve and enhance the special features and diversity of the different landscape character areas. Development will be considered appropriate to the character of the landscape provided the proposal has regard to and conserves: the landform and natural patterns of drainage;  the pattern of trees and woodland;  the habitats of species of importance for wildlife;  the pattern and composition of field boundaries;  the pattern of historic landscape features;  the pattern and distribution of settlements

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP2 - Biodiversity

Proposals in both the rural and urban area should not harm the integrity of the biodiversity resource as judged by key nature conservation principles, and proposals should seek to conserve and enhance the biodiversity value of the areas which they affect. In areas where species protected under national and European legislation are most likely to occur, special account will be given to their presence in the consideration of development proposals.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP5 - Design

All new development proposals will be assessed against the following design principles. Proposals should: 1 Respond to the local context and the form of surrounding buildings in relation to height, scale and massing, and by making use of appropriate materials and detailing; 2 Take into consideration any important landscape or topographical features and respect local landscape character; 3 Reinforce local architectural features, where appropriate, promoting and respecting local distinctiveness; 4 Ensure all components of the proposal, such as buildings, car parking, access routes, open space and landscaping, are well related to one another to ensure a well-integrated, successful and attractive development; 5 Ensure there is no adverse effect on the residential amenity of existing areas, or adjacent land uses, or result in unacceptable standards for future users and occupiers of the development; 6 Ensure the retention and enhancement of existing trees, shrubs, hedges and other wildlife habitats where possible. Where environmental features are lost as a result of the proposal, appropriate mitigation measures should be put in place and on-site replacement of those features will be sought; 7 Include landscaping schemes (both hard and soft) to assist the integration of new development into existing areas and ensure that development on the edge of settlements is fully integrated into its surroundings; 8 Ensure that the necessary services and infrastructure can be incorporated without causing unacceptable harm to retained features; 9 Ensure that the layout and design incorporates adequate space for waste and recycling bin storage and collection.

Carlisle District Local Plan 2001 - 2016 Local Environment - Policy LE25 - Agricultural Buildings

Proposals for new farm buildings and extensions to existing agricultural buildings and other farm structures will be permitted provided that;

1 the building or structure is sited where practical to integrate with existing farm buildings and/or take advantage of the contours of the land and any existing natural screening; and 2 the scale and form of the proposed building or structure relates to the existing group of farm buildings; and 3 within AONBs, conservation areas and Landscapes of County Importance, the design and materials used reflect the overall character of the area; and 4 the proposal would not have an unacceptable impact on any adjacent properties.

Item no: 04

Appn Ref No: Applicant: Parish: 15/1107 PunchTaverns Ltd Carlisle

Date of Receipt: Agent: Ward: 01/12/2015 13:09:22 MCD Construction Belah Consultancy

Location: Grid Reference: Land to the rear of Redfern Inn, Kingmoor Road, 339022 557366 Carlisle, CA3 9PS

Proposal: Erection Of 7no. Dwellings

Grant Permission

1. The development shall be begun not later than the expiration of 3 years beginning with the date of the grant of this permission.

Reason: In accordance with the provisions of Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

2. The approved documents for this Planning Permission comprise:

1. the submitted planning application form received 1st December 2015; 2. the revised Planning Statement incorporating Heritage Asset Appraisal received 1st September 2016; 3. the Design and Access Statement received 21st July 2016; 4. the Arboricultural Report received 1st December 2015; 5. the Contaminated Land Report received 1st December 2015; 6. the site location plan received 1st December 2015; 7. the block plan received 31st August 2016; 8. the site as proposed received 31st August 2016 (Drawing No. 317-02 Rev d); 9. the site plan and roofs received 31st August 2016 (Drawing No. 317-03 Rev d); 10. the streetscene to Kingmoor Road received 30th August 2016 (Drawing No. 317-04 Rev d); 11. the streetscene to St Ann's Road received 31st August 2016 (Drawing No. 317-05 Rev d); 12. plots 1 to 3 elevations received 21st July 2016 (Drawing No. 317-06 Rev c); 13. block B - plots 4 to 7 elevations received 31st August 2016 (Drawing No. 317-07 Rev c); 14. units 1 to 3 block A plans received 21st July 2016 (Drawing No. 317-08 Rev c); 15. block B layout plans received 31st August 2016 (Drawing No. 317-09 Rev d); 16. landscape wall details received 21st July 2016 (Drawing No. 317-14 Rev a); 17. streetscene sheet 3 received 21st July 2016 (Drawing No. 317-15 Rev c); 18. landscape wall/fence type 2 details received 21st July 2016 (Drawing No. 317-16); 19. the Notice of Decision; and 20. any such variation as may subsequently be approved in writing by the Local Planning Authority.

Reason: To define the permission.

3. Notwithstanding any description of materials in the application no development shall be commenced until samples or full details of materials to be used externally on the buildings have been submitted to and approved in writing by the Local Planning Authority. Such details shall include the type, colour and texture of the materials and thereafter shall be implemented and completed in accordance with the approved scheme.

Reason: To ensure that materials to be used are acceptable and in accordance with Policy CP5 of the Carlisle District Local Plan 2001-2016 and Policy SP6 of the Carlisle District Local Plan 2015-2030.

4. Notwithstanding any description of materials in the application details shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of any development of the proposed hard surface finishes to all public and private external areas within the proposed scheme, thereafter, the approved scheme shall be implemented and completed in complete accordance with the approved details.

Reason: To ensure that materials to be used are acceptable in accordance with Policy CP5 of the Carlisle District Local Plan 2001-2016 and Policy SP6 of the Carlisle District Local Plan 2015-2030.

5. Notwithstanding any description in the application of the proposed sheds and bins stores no development shall be commenced until details of the sheds and bin stores to be used sited within the development have been submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure that materials to be used are acceptable and in accordance with Policy CP5 of the Carlisle District Local Plan 2001-2016 and Policy SP6 of the Carlisle District Local Plan 2015-2030.

6. Notwithstanding any description of materials in the application no development shall commence until details of the windows and doors, in the form, of quarter or full-size drawings including sections, have been submitted to and approved in writing by the Local Planning Authority. Such details shall include the frames and the size and opening arrangements of the windows and doors.

Reason: To ensure that materials to be used are acceptable and in accordance with Policy CP5 of the Carlisle District Local Plan 2001-2016 and Policy SP6 of the Carlisle District Local Plan 2015-2030.

7. No development approved by this permission shall be commenced until a scheme for the disposal of foul and surface waters have been approved in writing by the Local Planning Authority. Such a scheme shall be constructed and completed in accordance with the approved plans.

Reason: To ensure a satisfactory means of foul and surface water disposal in accordance with Policy CP12 of the Carlisle District Local Plan and Policies CC5 and IP6 of the Carlisle District Local Plan 2015-2030.

8. The carriageway, footways, footpaths, cycleways etc shall be designed, constructed, drained to the satisfaction of the Local Planning Authority and in this respect further details, including longitudinal/cross sections, shall be submitted to the Local Planning Authority for approval before work commences on site. No work shall be commenced until a full specification has been approved. Any works so approved shall be constructed before the development is occupied.

Reason: To ensure a minimum standard of construction in the interest of highway safety. To support Local Transport Plan Policies: LD5, LD7 and LD8.

9. Ramps shall be provided on each side of every junction to enable wheelchairs, pushchairs etc. to be safely manoeuvred at kerb lines. Details of all such ramps shall be submitted to the Local Planning Authority for approval before development commences. Any details so approved shall be constructed as part of the development.

Reason: To ensure that pedestrians and people with impaired mobility can negotiate road junctions in relative safety. To support Local Transport Plan Policies: LD5, LD7, LD8.

10. No development shall not commence until visibility splays providing clear visibility of 2.4 metres by 43 metres measured down the centre of the access road and the nearside channel line of the major road have been provided at the junction of the access road with the county highway. Notwithstanding the provision of the Town and Country Planning (General Permitted Development) () Order 2015 (as amended) (or any Order revoking and re-enacting that Order) relating to permitted development, no structure, vehicle or object of any kind shall be erected, parked or placed and no trees, bushes or other plants shall be planted or be permitted to grow within the visibility splay which obstruct the visibility splays. The visibility splays shall be constructed before general development of the site commences so that construction traffic is safeguarded.

Reason: In the interests of highway safety. To support Local Transport Plan Policies: LD7, LD8.

11. Before any development takes place, a plan shall be submitted for the prior approval of the Local Planning Authority reserving adequate land for the parking of vehicles engaged in construction operations associated with the development hereby approved, and that land, including vehicular access thereto, shall be used for or be kept available for these purposes at all times until completion of the construction works.

Reason: The carrying out of this development without the provision of these facilities during the construction works is likely to lead to inconvenience and danger to road users. To support Local Transport Plan Policies: LD8.

12. Details of the relative heights of the existing and proposed ground levels and the height of the proposed finished floor levels of the new dwellings shall be submitted to and approved in writing by the Local Planning Authority before any site works commence.

Reason: In order that the approved development overcomes any problems associated with the topography of the area in accordance with Policies H2 of the Carlisle District Local Plan 2001-2016 and Policy HO12 of the Carlisle District Local Plan 2015-2030.

13. Before development commences an Arboricultural Impact Assessment shall be submitted to and approved in writing by the Local Planning Authority. The Arboricultural Impact Assessment shall identify those trees and hedges to be retained and illustrate the position and type of barriers to be installed to protect the retained trees and hedges. The barriers shall be erected before development commences and retained for the duration of the development.

Reason: To protect trees and hedges during development works in accordance with Policy CP3 of the Carlisle District Local Plan 2001-2016 and Policy GI6 of the Carlisle District Local Plan 2015-2030.

14. Within the tree protection fencing approved by Condition 13:

1. No equipment, machinery or structure shall be attached to or supported by a retained tree or by the tree protection barrier. 2. No mixing of cement or use of other contaminating materials or substances shall take place within, or close enough to, a root protection area that seepage or displacement could cause them to enter a root protection area. 3. No alterations or variations to the approved tree and hedge protection schemes shall be made without prior written consent of the local planning authority. 4. No materials or vehicles shall be stored or parked within the fenced off area. 5. No alterations to the natural/existing ground level shall occur. 6. No excavations will be carried out within the fenced off area. 7. The tree and hedge protection fencing must be maintained to the satisfaction of the Local Planning Authority at all times until completion of the development.

Reason: To protect trees and hedges during development works in accordance with Policy CP3 of the Carlisle District Local Plan 2001-2016 and Policy GI6 of the Carlisle District Local Plan 2015-2030.

15. Soft and hard landscaping works (inclusive of the enhancement of the resultant beer garden and outdoor space serving the public house) shrubs shall be fully undertaken in accordance with details submitted to and approved in writing by the Local Planning Authority prior to the commencement of the hereby permitted development. All works comprised in the approved details of soft and hard landscaping shall be carried out either contemporaneously with the completion of individual plots or, in the alternative, by not later than the end of the planting and seeding season following the completion of the development. Any trees or shrubs which die, become diseased or are lopped, topped, uprooted or wilfully destroyed within the following five years shall be replaced by appropriate nursery stock.

Reason: To ensure that a satisfactory soft and hard landscaping is prepared, carried out and retained to safeguard the setting of this grade II Listed Building.

16. No site clearance or works to the retained trees or hedges shall take place during the bird breeding season from 1st March to 31st August unless the absence of nesting birds has been established through a survey and such survey has been agreed in writing beforehand by the Local Planning Authority.

Reason: To protect nesting birds in accordance with Policy CP5 of the Carlisle District Local Plan 2001-2016 and Policy SP6 of the Carlisle District Local Plan 2015-2030.

17. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order) there shall be no enlargement or external alterations to the dwellings to be erected in accordance with this permission, within the meaning of Schedule 2 Part (1) of these Orders, without the written approval of the Local Planning Authority.

Reason: To ensure that the character and attractive appearance of the buildings are not harmed by inappropriate alterations and/or extensions and that any additions which may subsequently be proposed satisfy the objectives of Policy H11 of the Carlisle District Local Plan 2001-2016 and HO8 of the Carlisle District Local Plan 2015-2030.

18. No work associated with the construction of the residential unit hereby approved shall be carried out before 07.30 hours on weekdays and Saturdays nor after 18.00 hours on weekdays and 13.00 hours on Saturdays (nor at any times on Sundays or statutory holidays).

Reason: To prevent disturbance to nearby occupants in accordance with Policy H2 of the Carlisle District Local Plan 2001-2016 and Policy HO12 of the Carlisle District Local Plan 2015-2030.

19. In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken and where remediation is necessary a remediation scheme must be prepared, which is subject to the approval in writing of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority.

Reason To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy CP13 of the Carlisle District Local Plan 2001-2016 and CM5 of the Carlisle District Local Plan 2015-2030.

Relevant Development Plan Policies

Carlisle District Local Plan 2001 - 2016 Spatial Strategy & Development Principles - Policy DP1 - Sustainable Development Locations

All proposals for development will be assessed against their ability to promote sustainable development. Proposals will be considered favourably in the following locations, provided they are in scale with their location and consistent with other Policies of this Local Plan.

Urban Area City of Carlisle

Key Service Centres Brampton Longtown

Local Service Centres Burgh by Sands Heads Nook Castle Carrock Houghton Cummersdale Irthington Cumwhinton Raughton Head Dalston Rockcliffe Gilsland Scotby Great Corby Smithfield Great Orton Thurstonfield Hallbankgate Warwick Bridge Hayton Wetheral

Proposals for development within these locations will be assessed on the basis of the need for development to be in the location specified. Within the Urban Area proposals for retail, office and leisure developments will be subject to a sequential approach which requires that locations re considered as follows: firstly within the City Centres; secondly edge-of-centre locations; and thirdly the remainder of the urban area. Proposals for residential development will be considered against the need to give priority to the reuse of previously developed land, with particular emphasis on vacant and derelict sites and buildings. Settlement Boundaries have been established on the Proposals Map to recognise the extent of built development or where planning permission already exists to judge proposals for development and are not indicative of land ownership. Outside these locations development will be assessed against the needs to be in the location specified.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP2 - Biodiversity

Proposals in both the rural and urban area should not harm the integrity of the biodiversity resource as judged by key nature conservation principles, and proposals should seek to conserve and enhance the biodiversity value of the areas which they affect. In areas where species protected under national and European legislation are most likely to occur, special account will be given to their presence in the consideration of development proposals.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP3 - Trees And Hedges On Development Sites

Proposals for new development should provide for the protection and integration of existing trees and hedges. Where trees and hedges are present, a survey will be required showing the following: 1 the location of existing trees and hedges; 2 the species, age, height and crown spread of each tree; 3 an assessment of the condition of each tree; 4 the location and crown spread of trees on adjacent land which may be affected by the development; 5 existing and proposed changes in ground level.

In order to protect and integrate existing trees and hedges within new development, the City Council will resist proposals which cause unacceptable tree loss, and which do not allow for the successful integration of existing trees identified in the tree survey. Layouts will be required to provide adequate spacing between existing trees and buildings, taking into account the existing and future size of the trees, and their impact both above and below ground. The City Council will protect existing trees and woodlands where appropriate, by tree preservation orders, and by the use of planning conditions requiring protective fencing around trees to be retained to prevent site works within their crown spread.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP5 - Design

All new development proposals will be assessed against the following design principles. Proposals should: 1 Respond to the local context and the form of surrounding buildings in relation to height, scale and massing, and by making use of appropriate materials and detailing; 2 Take into consideration any important landscape or topographical features and respect local landscape character; 3 Reinforce local architectural features, where appropriate, promoting and respecting local distinctiveness; 4 Ensure all components of the proposal, such as buildings, car parking, access routes, open space and landscaping, are well related to one another to ensure a well integrated, successful and attractive development; 5 Ensure there is no adverse effect on the residential amenity of existing areas, or adjacent land uses, or result in unacceptable standards for future users and occupiers of the development; 6 Ensure the retention and enhancement of existing trees, shrubs, hedges and other wildlife habitats where possible. Where environmental features are lost as a result of the proposal, appropriate mitigation measures should be put in place and on-site replacement of those features will be sought; 7 Include landscaping schemes (both hard and soft) to assist the integration of new development into existing areas and ensure that development on the edge of settlements is fully integrated into its surroundings; 8 Ensure that the necessary services and infrastructure can be incorporated without causing unacceptable harm to retained features; 9 Ensure that the layout and design incorporates adequate space for waste and recycling bin storage and collection.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP12 - Foul And Surface Water Sewerage And Sewage Treatment

Development will not be permitted where inadequate foul and surface water sewerage infrastructure and sewage treatment capacity exists, or where such provision cannot be made within the time constraint of the planning permission.

Carlisle District Local Plan 2001 - 2016 Housing - Policy H1 - Location Of New Housing Development

New housing development will be located in sustainable locations in accordance with PPS3: Housing, Regional Planning Guidance and the Joint Structure Plan. During the Plan period 80% of new development will be located within the urban area of Carlisle, including allocated sites on the edge of the City referred to in Proposal H16. The remaining 20% will be permitted in the rural area of the District with the focus on the two Key Service Centres of Brampton and Longtown.

In the remainder of the rural area small-scale development will be located in accordance with Policy DP1 and other policies of this Plan to ensure that: 1 the site is well related to the landscape of the area and does not intrude into open countryside; and 2 the scale of the proposed development is well related to the scale, form and character of the existing settlement; and 3 the layout of the site and the design of the buildings is well related to existing property in the village; and 4 the siting and design of the buildings is well related to and does not adversely affect the amenity of neighbouring property; and 5 appropriate access and parking can be achieved; and 6 the proposal will not lead to the loss of amenity open space within or at the edge of the settlement; and 7 the proposal will not lead to the loss of the best and most versatile agricultural land.

Settlement boundaries have been drawn for the following Local Service Centres within which proposals will be judged against the above criteria.

Burgh-by-Sands Castle Carrock Cummersdale Cumwhinton Dalston Gilsland Great Corby Great Orton Hallbankgate Hayton Heads Nook Houghton Irthington Raughton Head Rockcliffe Scotby Smithfield Thurstonfield Warwick Bridge (including Little Corby & Corby Hill) Wetheral

In the following settlements small-scale infilling (development between an otherwise continuous frontage) will be allowed where this does not conflict with the criteria above and is evidenced by local need to be in that location. S106 agreements may be used to ensure local occupancy to provide for the identified need.

Blackwell Cardewlees Cargo Carleton Cotehill Cumwhitton Durdar Faugh Harker Hethersgill How Mill Lanercost Laversdale Low Row Monkhill Moorhouse Talkin Todhills Walton Warwick-on-Eden Wreay

Carlisle District Local Plan 2001 - 2016 Housing - Policy H2 - Primary Residential Areas

Within the Primary Residential Areas defined on the Inset Maps for Carlisle, Brampton and Longtown, proposals for new residential development will be acceptable provided that: 1 existing areas of open space and other amenity areas are safeguarded; and 2 the proposed development does not adversely affect the amenity of adjacent residential property; and 3 the proposed development complements or enhances existing adjacent residential areas and their amenity; and 4 satisfactory access and appropriate parking arrangements can be achieved.

Proposals for non-residential uses will be permitted in Primary Residential Areas provided that they do not adversely affect residential amenity. Development that would create unacceptable noise, smell, safety and health impacts or excessive traffic generation will not be acceptable. The traffic impact of new development upon existing residents through inconvenience and detrimental effect will be taken into account. Such schemes falling within the scope of this policy will be considered against the above criteria as well as other policies of the Plan appropriate for the proposed use.

Outside the Primary Residential Areas and sites allocated under Proposal H16 for Carlisle, Brampton and Longtown, applications for residential development, including redevelopment and the change of use of vacant and underused buildings, will be only be permitted provided that: 1 satisfactory housing conditions can be achieved; and 2 the proposal will complement the existing character of the area; and 3 the proposal will not adversely affect the amenity of the area; and 4 satisfactory access can be provided; and 5 appropriate parking arrangements can be made.

Carlisle District Local Plan 2001 - 2016 Housing - Policy H5 - Affordable Housing

The City Council will negotiate with developers for an element of affordable housing to be included in the majority of housing developments. All allocated housing sites and windfall sites of 10 or more dwellings in the urban area will be expected to make a contribution of 30% of units on-site towards affordable housing. Only in exceptional circumstances will the Council consider off-site contributions or a financial contribution in lieu of on-site provision. In the rural area the contribution to affordable housing will be: 1 25% of housing on large sites (over 0.8ha or 25 dwellings) 2 20% of housing on medium sites (over 0.3ha or 10 dwellings) 3 10% of housing on small sites (over 0.1ha or 3 units) The proportion of affordable housing sought will only be varied if this can be justified on a robust, evidence based, assessment of the economic viability of the site. Where intermediate affordable housing is to be provided at a discounted market value a discount of 25-30% will be sought and the discounted sale will be required to be in perpetuity.

Carlisle District Local Plan 2001 - 2016 Local Environment - Policy LE12 - Proposals Affecting Listed Buildings

Proposals for new development which adversely affects a listed building or its setting will not be permitted. Any new development within the setting of a listed building should preserve the building's character and its setting. The City Council will seek to encourage any new development to be sympathetic in scale, character and materials.

Carlisle District Local Plan 2001 - 2016 Local Environment - Policy LE19 - Conservation Areas

The City Council will continue to review existing and designate new conservation areas. Development proposals within and adjoining conservation areas will be granted planning permission provided they preserve or enhance their character and appearance. Any new development or alterations to existing buildings should harmonise with their surroundings and be in sympathy with the setting, scale, density and physical characteristics of conservation areas, and protect important views into or out of such areas. Applications for outline planning permission will not be accepted for proposals in conservation areas.

Proposals for new development and/or alterations to buildings in conservation areas will be judged against the following criteria:

1 the development should preserve or enhance all features which contribute positively to the area's character or appearance, in particular the design, massing and height of the building should closely relate to adjacent buildings and should not have an unacceptable impact on the townscape or landscape; 2 the development should not have an unacceptable impact on the historic street patterns and morphology, roofscape, skyline and setting of the conservation area, important open spaces or significant views into, out of and within the area; 3 development proposals should not result in the amalgamation or redrawing of boundaries between traditional buildings and plots, or demolition and redevelopment behind retained facades; 4 wherever practicable traditional local materials such as brick, stone and slate should be used and incongruous materials should be avoided; 5 individual features both on buildings and contributing to their setting, should be retained e.g. doorways, windows, shopfronts, garden walls, railings, cobbled or flagged forecourts, sandstone kerbs, trees and hedges, etc. Where features have deteriorated to the extent to which they have to be replaced, the replacement should match the original; 6 proposals which would generate a significant increase in traffic movements and heavy vehicles or excessive parking demands will not be permitted since these would be prejudicial to amenity; 7 proposals which would require substantial car parking and servicing areas which cannot be provided without an adverse effect on the site and its surroundings will not be permitted.

Carlisle District Local Plan 2001 - 2016 Transport - Policy T1- Parking Guidelines For Development

The level of car parking provision for development will be determined on the basis of the following factors: 1 the Parking Guidelines for Cumbria as updated by additional requirements in PPG 13; 2 the availability of public car parking in the vicinity; 3 the impact of parking provision on the environment of the surrounding area; 4 the likely impact on the surrounding road network; and 5 accessibility by and availability of, other forms of transport.

Item no: 05

Appn Ref No: Applicant: Parish: 16/0647 Mr & Mrs Musgrave Wetheral

Date of Receipt: Agent: Ward: 15/07/2016 13:00:09 PlanB Building Drawing Wetheral

Location: Grid Reference: The Greyhound Inn, Front Street, Cotehill, Carlisle, 346736 550278 CA4 0DQ

Proposal: Internal Alterations And Installation Of Bi-Folding Doors Leading To New Paved Beer Garden

Grant Permission

1. The development shall be begun not later than the expiration of 3 years beginning with the date of the grant of this permission.

Reason: In accordance with the provisions of Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

2. The approved documents for this Planning Permission comprise:

1. the submitted planning application form received 15th July 2016; 2. the site location and block plan received 15th July 2016 (Drawing No. AJM03PL); 3. the existing floor plan and rear elevation received 15th July 2016 (Drawing No. AJM01PL); 4. the proposed floor plan and rear elevation received 15th July 2016 (Drawing No. AJM02PL); 5. the Notice of Decision; and 6. any such variation as may subsequently be approved in writing by the Local Planning Authority.

Reason: To define the permission.

3. The paved beer garden hereby approved (as outlined on Drawing No. AJM03PL received 15th July 2016) shall not be in use before 11:00 hours or remain in operation after 21:00 hours on Mondays-Sunday including Statutory Holidays.

Reason: To prevent disturbance to nearby occupants in accordance with Policies CP5 and EC10 of the Carlisle District Local Plan 2001-2016 and Policies SP6 and EC8 of the Emerging Carlisle District Local Plan 2015-2030.

4. The beer garden hereby approved solely relates to the area as shown on Drawing No. AJM03PL received 15th July 2016.

Reason: To prevent disturbance to nearby occupants in accordance with Policies CP5 and EC10 of the Carlisle District Local Plan 2001-2016 and Policies SP6 and EC8 of the Emerging Carlisle District Local Plan 2015-2030.

Relevant Development Plan Policies

Carlisle District Local Plan 2001 - 2016 Spatial Strategy & Development Principles - Policy DP1 - Sustainable Development Locations

All proposals for development will be assessed against their ability to promote sustainable development. Proposals will be considered favourably in the following locations, provided they are in scale with their location and consistent with other Policies of this Local Plan.

Urban Area City of Carlisle

Key Service Centres Brampton Longtown

Local Service Centres Burgh by Sands Heads Nook Castle Carrock Houghton Cummersdale Irthington Cumwhinton Raughton Head Dalston Rockcliffe Gilsland Scotby Great Corby Smithfield Great Orton Thurstonfield Hallbankgate Warwick Bridge Hayton Wetheral

Proposals for development within these locations will be assessed on the basis of the need for development to be in the location specified. Within the Urban Area proposals for retail, office and leisure developments will be subject to a sequential approach which requires that locations re considered as follows: firstly within the City Centres; secondly edge-of-centre locations; and thirdly the remainder of the urban area. Proposals for residential development will be considered against the need to give priority to the reuse of previously developed land, with particular emphasis on vacant and derelict sites and buildings. Settlement Boundaries have been established on the Proposals Map to recognise the extent of built development or where planning permission already exists to judge proposals for development and are not indicative of land ownership. Outside these locations development will be assessed against the needs to be in the location specified.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP2 - Biodiversity

Proposals in both the rural and urban area should not harm the integrity of the biodiversity resource as judged by key nature conservation principles, and proposals should seek to conserve and enhance the biodiversity value of the areas which they affect. In areas where species protected under national and European legislation are most likely to occur, special account will be given to their presence in the consideration of development proposals.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP5 - Design

All new development proposals will be assessed against the following design principles. Proposals should: 1 Respond to the local context and the form of surrounding buildings in relation to height, scale and massing, and by making use of appropriate materials and detailing; 2 Take into consideration any important landscape or topographical features and respect local landscape character; 3 Reinforce local architectural features, where appropriate, promoting and respecting local distinctiveness; 4 Ensure all components of the proposal, such as buildings, car parking, access routes, open space and landscaping, are well related to one another to ensure a well-integrated, successful and attractive development; 5 Ensure there is no adverse effect on the residential amenity of existing areas, or adjacent land uses, or result in unacceptable standards for future users and occupiers of the development; 6 Ensure the retention and enhancement of existing trees, shrubs, hedges and other wildlife habitats where possible. Where environmental features are lost as a result of the proposal, appropriate mitigation measures should be put in place and on-site replacement of those features will be sought; 7 Include landscaping schemes (both hard and soft) to assist the integration of new development into existing areas and ensure that development on the edge of settlements is fully integrated into its surroundings; 8 Ensure that the necessary services and infrastructure can be incorporated without causing unacceptable harm to retained features; 9 Ensure that the layout and design incorporates adequate space for waste and recycling bin storage and collection.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP6 - Residential Amenity

The amenity of residential areas will be protected from inappropriate development where that development: 1 is for a use inappropriate for residential areas; and/or 2 is of an unacceptable scale; and/or 3 leads to an unacceptable increase in traffic or noise; and/or 4 is visually intrusive.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP12 - Foul And Surface Water Sewerage And Sewage Treatment

Development will not be permitted where inadequate foul and surface water sewerage infrastructure and sewage treatment capacity exists, or where such provision cannot be made within the time constraint of the planning permission.

Carlisle District Local Plan 2001 - 2016 Economic & Commercial Growth - Policy EC10 Food And Drink

Within the Plan area, proposals for uses within Use Class A3 (restaurants and cafes), A4 (drinking establishments) and A5 (hot food takeaways) will be approved provided that: 1 The proposal does not involve unacceptable disturbance to occupiers of residential property; and 2 The proposal does not involve unacceptable intrusion into open countryside; and 3 The proposal, whether new development or conversion complements surrounding development or the character of the existing building; and 4 Appropriate access and parking can be provided; and 5 Throughout the Plan area opening hours will be imposed having regard to the surrounding uses, the character of the area and the possibility of disturbance to residential areas.

Proposals for A3, A4 and A5 related uses should be situated in accessible locations, within or adjacent to existing centres in line with the sequential approach in PPS6 unless material considerations dictate otherwise.

Carlisle District Local Plan 2001 - 2016 Economic & Commercial Growth - Policy EC13 - Sustaining Rural Facilities And Services

Outside the key service centres of Brampton and Longtown, the change of use of a local shop, public house, post office, doctor’s surgery, dental surgery, school, bank, church/chapel, village hall or other facility considered important to the community will only be permitted where it can be demonstrated that: 1 Its current use is no longer viable and there is currently scope for an alternative community use; and 2 There is adequate alternative provision in the locality to serve the local community; and 3 All options for their continuance have been fully explored.

Proposals for the development of or extension to village services and facilities, including proposals which will assist in their retention, will be permitted provided that: 1 The scale and design does not adversely affect the local built environment or and respects local landscape character; and 2 It does not have an adverse impact upon residential amenity; and 3 Appropriate parking and servicing arrangements can be made.

Carlisle District Local Plan 2001 - 2016 Transport - Policy T1- Parking Guidelines For Development

The level of car parking provision for development will be determined on the basis of the following factors: 1 the Parking Guidelines for Cumbria as updated by additional requirements in PPG 13; 2 the availability of public car parking in the vicinity; 3 the impact of parking provision on the environment of the surrounding area; 4 the likely impact on the surrounding road network; and 5 accessibility by and availability of, other forms of transport.

Item no: 06

Appn Ref No: Applicant: Parish: 16/0607 Mr Johnson Wetheral

Date of Receipt: Agent: Ward: 30/06/2016 16:00:14 Wetheral

Location: Grid Reference: The Animals Refuge, Oak Tree Farm, Wetheral 346143 552468 Shields, Carlisle, Cumbria, CA4 8JA

Proposal: Change Of Use Of Old Farm Buildings To Rural Craft Units And Museum & Privately Run Dog Grooming Parlour; Change Of Use Of 1no. Kennel Block To Privately Run Dog Day Care/Boarding; Change Of Use Of Small Paddock To Additional Car Park; Erection Of Double Stable With Tack Room And Creation Of Sandschool For Riding & Schooling Equines With Lighting Area

Grant Permission

1. The development shall be begun not later than the expiration of 3 years beginning with the date of the grant of this permission.

Reason: In accordance with the provisions of Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

2. The approved documents for this Planning Permission comprise:

1. the submitted planning application form received 30th June 2016; 2. the Location Plan received 30th June 2016; 3. the Existing Car Parking Plan (green line) received 30th June 2016; 4. the Existing Car Parking Plan (red line) received 30th June 2016; 5. the Area 1: Intake Stable Base Plan received 30th June 2016; 6. the Area 3 Orchard Yard and Area 5 Acorn Yard Plan received 30th June 2016; 7. the Area 4 Frank Tebbut Kennel Plan received 30th June 2016; 8. the Area 1: Stable Block with Tack Room Plan received 30th June 2016; 9. the Area 2: Sand School Project Process & Specification received 30th June 2016; 10. the Area 2: Sand School Plan received 30th June 2016; 11. the First Stable Area under the David Shepherd Room Plan - Proposed Craft Units received 26th July 2016; 12. the Second Stable Area under the David Shepherd Room Plan - Proposed Charity Shop received 26th July 2016; 13. the Stable A Plan received 26th July 2016; 14. the Stable B Plan received 26th July 2016; 15. the Stable C Plan received 26th July 2016; 16. the Stable D Plan received 26th July 2016; 17. the Stable E Plan received 26th July 2016; 18. the Stable F Plan received 26th July 2016; 19. the Stable G Plan received 26th July 2016; 20. the Room A Plan received 26th July 2016; 21. the Room B Plan received 26th July 2016; 22. the Room C Plan received 26th July 2016; 23. the Room D Plan received 26th July 2016; 24. the Ground Floor Workshop Area with Mezzanine Level Plan received 26th July 2016; 25. the Proposed Heritage Centre Plan received 26th July 2016; 26. the David Shepherd Room received 26th July 2016; 27. the Stable Block Floor Plans and Elevations received 26th July 2016; 28. the Colour Layout Plan received 30th June 2016; 29. the Transport and Access Assessment received 30th June 2016; 30. the Tubular Lighting Illustration received 27th July 2016; 31. the Flood Light Illustration received 27th July 2016; 32. the Notice of Decision; and 33. any such variation as may subsequently be approved in writing by the Local Planning Authority.

Reason: To define the permission.

3. The materials (and finishes) to be used in the construction of the proposed development shall be in accordance with the details contained in the submitted application, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure the objectives of Policy CP5 of the Carlisle District Local Plan 2001-2016 are met and to ensure a satisfactory external appearance for the completed development.

4. The flood lighting columns hereby approved 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 and to support Local Transport Plan Policies LD7 & LD8.

5. The flood lighting columns hereby approved shall be switched off by 9pm each evening.

Reason: To ensure that the proposal does not have an adverse impact on the character of the area or the amenity of the occupiers of any neighbouring properties, in accordance with Policy CP5 of the Carlisle District Local Plan 2001-2016.

6. The proposed dog grooming parlour, dog day care facility, rural craft workshops shall not be open for trading except between 07:00 and 20.00 hours on Mondays-Sundays.

Reason: To prevent disturbance to nearby residential occupiers and in accord with Policy CP5 of the Carlisle District Local Plan 2001-2016.

Relevant Development Plan Policies

Carlisle District Local Plan 2001 - 2016 Spatial Strategy & Development Principles - Policy DP1 - Sustainable Development Locations

All proposals for development will be assessed against their ability to promote sustainable development. Proposals will be considered favourably in the following locations, provided they are in scale with their location and consistent with other Policies of this Local Plan.

Urban Area City of Carlisle

Key Service Centres Brampton Longtown

Local Service Centres Burgh by Sands Heads Nook Castle Carrock Houghton Cummersdale Irthington Cumwhinton Raughton Head Dalston Rockcliffe Gilsland Scotby Great Corby Smithfield Great Orton Thurstonfield Hallbankgate Warwick Bridge Hayton Wetheral

Proposals for development within these locations will be assessed on the basis of the need for development to be in the location specified. Within the Urban Area proposals for retail, office and leisure developments will be subject to a sequential approach which requires that locations re considered as follows: firstly within the City Centres; secondly edge-of-centre locations; and thirdly the remainder of the urban area. Proposals for residential development will be considered against the need to give priority to the reuse of previously developed land, with particular emphasis on vacant and derelict sites and buildings. Settlement Boundaries have been established on the Proposals Map to recognise the extent of built development or where planning permission already exists to judge proposals for development and are not indicative of land ownership. Outside these locations development will be assessed against the needs to be in the location specified.

Carlisle District Local Plan 2001 - 2016 Economic & Commercial Growth - Policy EC11 Rural Diversification

Development proposals to diversify and expand upon the range of economic activities undertaken in rural areas will be encouraged where the proposal re-uses or adapts existing traditional buildings (of permanent construction) for commercial, industrial or recreational uses. Any new building required as part of a diversification scheme must be well related to an existing group of buildings to minimise its impact, blending satisfactorily into the landscape through the use of suitable materials, design and siting.

Proposals should: 1 Be complementary to or compatible with the agricultural operations in the rural area; and 2 Be compatible with the character and scale of the operation and its landscape character; and 3 Not lead to an increase in traffic levels beyond the capacity of the surrounding local highway network; and 4 Be capable of providing adequate access and parking arrangements.

Carlisle District Local Plan 2001 - 2016 Local Environment - Policy LE24 - Equestrian Development

The development of stables, horse riding schools and/or riding centres in the rural area will be permitted provided that:

1 There will be no unacceptable impact upon the landscape and character of the area; and 2 Adequate access arrangements and on-site car parking can be achieved; and 3 The scheme will not have a detrimental effect upon nearby properties or surrounding land uses; and 4 The scheme reuses an existing building(s) where possible and any associated new build, where necessary, should be located within or adjacent to an existing building or group of buildings; and 5 The surrounding roads and bridleways are adequate for the increased use by horseriders, with the roads being suitable for both riders and motorists; and 6 The issue of lighting is addressed to ensure that there is no impact on surrounding uses; and, 7 The intensity of use is appropriate for the character of the area.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP5 - Design

All new development proposals will be assessed against the following design principles. Proposals should: 1 Respond to the local context and the form of surrounding buildings in relation to height, scale and massing, and by making use of appropriate materials and detailing; 2 Take into consideration any important landscape or topographical features and respect local landscape character; 3 Reinforce local architectural features, where appropriate, promoting and respecting local distinctiveness; 4 Ensure all components of the proposal, such as buildings, car parking, access routes, open space and landscaping, are well related to one another to ensure a well-integrated, successful and attractive development; 5 Ensure there is no adverse effect on the residential amenity of existing areas, or adjacent land uses, or result in unacceptable standards for future users and occupiers of the development; 6 Ensure the retention and enhancement of existing trees, shrubs, hedges and other wildlife habitats where possible. Where environmental features are lost as a result of the proposal, appropriate mitigation measures should be put in place and on-site replacement of those features will be sought; 7 Include landscaping schemes (both hard and soft) to assist the integration of new development into existing areas and ensure that development on the edge of settlements is fully integrated into its surroundings; 8 Ensure that the necessary services and infrastructure can be incorporated without causing unacceptable harm to retained features; 9 Ensure that the layout and design incorporates adequate space for waste and recycling bin storage and collection.

Carlisle District Local Plan 2001 - 2016 Transport - Policy T1- Parking Guidelines For Development

The level of car parking provision for development will be determined on the basis of the following factors: 1 the Parking Guidelines for Cumbria as updated by additional requirements in PPG 13; 2 the availability of public car parking in the vicinity; 3 the impact of parking provision on the environment of the surrounding area; 4 the likely impact on the surrounding road network; and 5 accessibility by and availability of, other forms of transport.

Item no: 07

Appn Ref No: Applicant: Parish: 16/0618 Carlisle City Council Carlisle

Date of Receipt: Agent: Ward: 05/07/2016 A L Daines & Partners Castle

Location: Grid Reference: Castle Way, Carlisle 339775 556119

Proposal: Construction Of A Signal Controlled Pedestrian Crossing

Grant Permission

1. The development shall be begun not later than the expiration of 3 years beginning with the date of the grant of this permission.

Reason: In accordance with the provisions of Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

2. The approved documents for this Planning Permission comprise:

1. the submitted planning application form received 5th July 2016; 2. the Location Plan (drawing no. 16-C-14405/01) received 25th July 2016; 3. the Block Plan (drawing no. 16-C-14405/11) received 25th July 2016; 4. the Existing Layout (drawing no. 16-C-14405/02) received 25th July 2016; 5. the Crossing Layout (drawing no. 16-C-14405/03 Rev C) received 25th July 2016; 6. the General Signal Crossing Layout (drawing no. 16-C-14405/04 Rev B) received 25th July 2016; 7. the Existing Elevations (drawing no. 16-C-14405/17) received 25th July 2016; 8. the Toucan Crossing Elevations (drawing no. 16-C-14405/15) received 25th July 2016; 9. the Toucan Traffic Control Signals (drawing no. 16-C-14405/08 Rev A) received 25th July 2016; 10. the Iron Work/Steel Work (drawing no. 16-C-14405/14 Rev A) received 25th July 2016; 11. the Cross Section Details (drawing no. 16-C-14405/09 Rev A) received 25th July 2016; 12. the White Lining Detail (drawing no. 16-C-14405/07 Rev B) received 25th July 2016; 13. the Paving Detail (drawing no. 16-C-14405/06 Rev B) received 25th July 2016; 14. the Design and Access Statement received 25th July 2016; 15. the Archaeological Heritage Statement received 25th July 2016; 16. the Notice of Decision; and 17. any such variation as may subsequently be approved in writing by the Local Planning Authority.

Reason: To define the permission.

3. The crossing shall be designed, constructed, drained and lit to a suitable standard and in this respect further details, including longitudinal/cross sections , improved surfacing detail and supporting safety audits shall be submitted to the Local Planning Authority for approval before work commences on site. No work shall be commenced until a full specification has been approved. The works should be carried out under a section 278 agreement between the Carlisle City Council & Cumbria County Council. Following the submission of a road safety audit any recommendations from the report should be resolved to the satisfaction of the Cumbria County Council.

Reason: To ensure a minimum standard of construction in the interests of highway safety. To support Local Transport Plan Policies: LD5, LD7, LD8

Relevant Development Plan Policies

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP2 - Biodiversity

Proposals in both the rural and urban area should not harm the integrity of the biodiversity resource as judged by key nature conservation principles, and proposals should seek to conserve and enhance the biodiversity value of the areas which they affect.

In areas where species protected under national and European legislation are most likely to occur, special account will be given to their presence in the consideration of development proposals.

Carlisle District Local Plan 2001 - 2016 Spatial Strategy & Development Principles - Policy DP1 - Sustainable Development Locations

All proposals for development will be assessed against their ability to promote sustainable development. Proposals will be considered favourably in the following locations, provided they are in scale with their location and consistent with other Policies of this Local Plan.

Urban Area City of Carlisle

Key Service Centres Brampton Longtown

Local Service Centres Burgh by Sands Heads Nook Castle Carrock Houghton Cummersdale Irthington Cumwhinton Raughton Head Dalston Rockcliffe Gilsland Scotby Great Corby Smithfield Great Orton Thurstonfield Hallbankgate Warwick Bridge Hayton Wetheral

Proposals for development within these locations will be assessed on the basis of the need for development to be in the location specified. Within the Urban Area proposals for retail, office and leisure developments will be subject to a sequential approach which requires that locations re considered as follows: firstly within the City Centres; secondly edge-of-centre locations; and thirdly the remainder of the urban area. Proposals for residential development will be considered against the need to give priority to the reuse of previously developed land, with particular emphasis on vacant and derelict sites and buildings. Settlement Boundaries have been established on the Proposals Map to recognise the extent of built development or where planning permission already exists to judge proposals for development and are not indicative of land ownership. Outside these locations development will be assessed against the needs to be in the location specified.

Carlisle District Local Plan 2001 - 2016 Local Environment - Policy LE12 - Proposals Affecting Listed Buildings

Proposals for new development which adversely affects a listed building or its setting will not be permitted. Any new development within the setting of a listed building should preserve the building's character and its setting. The City Council will seek to encourage any new development to be sympathetic in scale, character and materials.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP8 - Renewable Energy

Proposals for renewable energy will be favourably considered provided that all of the following criteria are satisfied: 1 there is no unacceptable visual impact on the immediate and wider landscape and townscape; 2 there is no adverse impact on biodiversity; 3 any new structures would be sensitively incorporated into the surrounding landscape/ townscape and/or habitat and respect the local landscape character; 4 measures are taken to mitigate any noise, smell or other nuisance or pollutants likely to affect nearby occupiers, amenities and/or neighbouring land uses; 5 any waste arising as a result of the development is minimised and dealt with using a suitable means of disposal; 6 there would be no unacceptable levels of harm to features designated as of local, national or international importance; 7 adequate provision can be made for access and parking and the potential impact on the road network; 8 there would be no unacceptable conflict with any existing recreational facilities or routes; 9 there would be no unacceptable cumulative effects when proposals are considered together with any extant planning approvals or other existing renewable energy developments.

Carlisle District Local Plan 2001 - 2016 Local Environment - Policy LE16 - Historic Structures And Local Listings

Throughout the district there are buildings and structures of historic, architectural or landscape significance that help to create the locally distinctive character of the area. The Council recognises the positive contribution these structures make to Carlisle's townscape and landscape and there will be a presumption in favour of their retention when considering development proposals.

Carlisle District Local Plan 2001 - 2016 Leisure & Community Uses - Policy LC2 - Primary Leisure Areas

Within Primary Leisure Areas proposals that relate to and complement the existing use and are appropriate in character and scale to the surroundings, will be acceptable. Development or change of use of Primary Leisure Areas to non-sport or recreation uses will not be permitted unless: 1 an alternative open space can be provided which is equivalent in terms of size, quality, accessibility, usefulness and attractiveness; or 2 the Open Space, Sports and Recreational Facilities Audit indicates that the ward has a surplus of open space.

The Local Planning Authority will aim to achieve the following standards of recreational open space provision:  3.6 hectares of land/1000 population of informal and formal grassed, wooded or landscaped land, and small amenity areas of public open space;  1.86 hectares of playing pitches/1000 population;  all dwellings should be within 3km of an open space of at least 20 hectares which provides general facilities for recreational activity within a landscaped setting;  all dwellings should be within 1km of an open space of between 5 and 20 hectares which provides general facilities for recreation provision within a landscaped setting;  all dwellings should be within 400 metres of an open space of between 2 and 10 hectares which caters for informal recreational needs;  all dwellings should be within 200 metres of a small formal or informal open space between 0.2 and 2 hectares that is suitable for informal use and has high amenity value.

Permission will not be given for development where it would lead to a reduction in the target for recreational open space provision/1000 population in the ward in which it is proposed.

Item no: 08

Appn Ref No: Applicant: Parish: 16/0591 Mr Robert MacKenna Stanwix Rural

Date of Receipt: Agent: Ward: 27/06/2016 Stanwix Rural

Location: Grid Reference: Dykeside Cottage, High Knells, Houghton, Carlisle, 342117 561736 CA6 4JW

Proposal: Change Of Use Of Land From Agricultural To Domestic Together With Formation Of A Gravel Topped Hardstanding

Grant Permission

1. The development shall be begun not later than the expiration of 3 years beginning with the date of the grant of this permission.

Reason: In accordance with the provisions of Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

2. The approved documents for this Planning Permission comprise:

1. the submitted planning application form received 27th June 2016; 2. the site location plan received 13th July 2016; 3. the existing block plan received 13th July 2016; 4. the proposed block plan received 13th July 2016; 5. the Notice of Decision; and 6. any such variation as may subsequently be approved in writing by the Local Planning Authority.

Reason: To define the permission.

Relevant Development Plan Policies

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP1 - Landscape Character

Proposals for development in the rural area must seek to conserve and enhance the special features and diversity of the different landscape character areas. Development will be considered appropriate to the character of the landscape provided the proposal has regard to and conserves: the landform and natural patterns of drainage;  the pattern of trees and woodland;  the habitats of species of importance for wildlife;  the pattern and composition of field boundaries;  the pattern of historic landscape features;  the pattern and distribution of settlements

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP2 - Biodiversity

Proposals in both the rural and urban area should not harm the integrity of the biodiversity resource as judged by key nature conservation principles, and proposals should seek to conserve and enhance the biodiversity value of the areas which they affect. In areas where species protected under national and European legislation are most likely to occur, special account will be given to their presence in the consideration of development proposals.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP5 - Design

All new development proposals will be assessed against the following design principles. Proposals should: 1 Respond to the local context and the form of surrounding buildings in relation to height, scale and massing, and by making use of appropriate materials and detailing; 2 Take into consideration any important landscape or topographical features and respect local landscape character; 3 Reinforce local architectural features, where appropriate, promoting and respecting local distinctiveness; 4 Ensure all components of the proposal, such as buildings, car parking, access routes, open space and landscaping, are well related to one another to ensure a well-integrated, successful and attractive development; 5 Ensure there is no adverse effect on the residential amenity of existing areas, or adjacent land uses, or result in unacceptable standards for future users and occupiers of the development; 6 Ensure the retention and enhancement of existing trees, shrubs, hedges and other wildlife habitats where possible. Where environmental features are lost as a result of the proposal, appropriate mitigation measures should be put in place and on-site replacement of those features will be sought; 7 Include landscaping schemes (both hard and soft) to assist the integration of new development into existing areas and ensure that development on the edge of settlements is fully integrated into its surroundings; 8 Ensure that the necessary services and infrastructure can be incorporated without causing unacceptable harm to retained features; 9 Ensure that the layout and design incorporates adequate space for waste and recycling bin storage and collection.

Item no: 09

Appn Ref No: Applicant: Parish: 16/0686 Mr Douglas Stanwix Rural

Date of Receipt: Agent: Ward: 29/07/2016 Joseph Architecture Stanwix Rural

Location: Grid Reference: 55 Tribune Drive, Houghton, Carlisle, CA3 0LE 340989 559104

Proposal: Demolition Of Existing Rear Conservatory; Erection Of Single Storey Rear Extension To Provide Additional Living Accommodation And W.C.; Conversion And Extension Of Existing Detached Garage To Form Enlarged Garage On Ground Floor With Annexe Accommodation Above Grant Permission

1. The development shall be begun not later than the expiration of 3 years beginning with the date of the grant of this permission.

Reason: In accordance with the provisions of Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

2. The approved documents for this Planning Permission comprise:

1. the submitted planning application form received 29th July 2016; 2. the site location and block plan received 29th July 2016 (Drawing No.038.003); 3. the existing floor plans and elevations received 29th July 2016 (Drawing No.038.001); 4. the existing site plan, existing floor plans and elevations of the garage received 29th July 2016 (Drawing No.038.002); 5. the proposed site plan, proposed floor plans and elevations of the garage and annex received 31st August 2016 (Drawing No.038.005 rev a); 6. the proposed floor plans and elevations received 31st August 2016 (Drawing No.038.004 rev b); 7. the planning and design statement received 31st August 2016; 8. the Notice of Decision; and 9. any such variation as may subsequently be approved in writing by the Local Planning Authority.

Reason: To define the permission.

3. The annex hereby permitted shall not be occupied at any time other than for the purposes ancillary to the residential use of the dwellinghouse known as No.55 Tribune Drive, Houghton. Under no circumstances shall the applicants or their successors in title subsequently sell, let or in any way dispose of or use or permit to be used any part of the accommodation hereby approved, independently of the remainder of the overall property.

Reason: The local planning authority are not prepared to permit the establishment of a separate unit of accommodation on this site in accordance with Policy H1 of the Carlisle District Local Plan 2001-2016 and Policy H02 of the Emerging Carlisle District Local Plan 2015-2030.

Relevant Development Plan Policies

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP2 - Biodiversity

Proposals in both the rural and urban area should not harm the integrity of the biodiversity resource as judged by key nature conservation principles, and proposals should seek to conserve and enhance the biodiversity value of the areas which they affect. In areas where species protected under national and European legislation are most likely to occur, special account will be given to their presence in the consideration of development proposals.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP5 - Design

All new development proposals will be assessed against the following design principles. Proposals should: 1 Respond to the local context and the form of surrounding buildings in relation to height, scale and massing, and by making use of appropriate materials and detailing; 2 Take into consideration any important landscape or topographical features and respect local landscape character; 3 Reinforce local architectural features, where appropriate, promoting and respecting local distinctiveness; 4 Ensure all components of the proposal, such as buildings, car parking, access routes, open space and landscaping, are well related to one another to ensure a well-integrated, successful and attractive development; 5 Ensure there is no adverse effect on the residential amenity of existing areas, or adjacent land uses, or result in unacceptable standards for future users and occupiers of the development; 6 Ensure the retention and enhancement of existing trees, shrubs, hedges and other wildlife habitats where possible. Where environmental features are lost as a result of the proposal, appropriate mitigation measures should be put in place and on-site replacement of those features will be sought; 7 Include landscaping schemes (both hard and soft) to assist the integration of new development into existing areas and ensure that development on the edge of settlements is fully integrated into its surroundings; 8 Ensure that the necessary services and infrastructure can be incorporated without causing unacceptable harm to retained features; 9 Ensure that the layout and design incorporates adequate space for waste and recycling bin storage and collection.

Carlisle District Local Plan 2001 - 2016 Housing - Policy H11 - Extensions To Existing Residential Premises

Applications for extensions to existing dwellings will be approved provided the City Council is satisfied that the proposals are appropriate to the dwelling, its design and setting. Inappropriate extensions which adversely affect the amenities of adjacent properties by poor design, unreasonable overlooking and/or unreasonable loss of daylight and sunlight will not be permitted. Extensions must be of an appropriate scale and not dominate the original dwelling.

Item no: 10

Appn Ref No: Applicant: Parish: 16/0384 Canvas Strecher Bars St Cuthberts Without

Date of Receipt: Agent: Ward: 29/04/2016 Concept Dalston

Location: Grid Reference: Land to the rear of Stribers, 23 Newbiggin Road, 340767 551036 Durdar, Carlisle, CA2 4UJ

Proposal: Proposed Demolition Of Existing Garage And Erection Of 1no. Dwelling Members resolved to defer consideration of the proposal in order to allow Officers to negotiate amendments with the applicant and to await a further report on the application at a future meeting of the Committee.

Item no: 11

Appn Ref No: Applicant: Parish: 15/0856 Mr J R Marston Scaleby

Date of Receipt: Agent: Ward: 16/09/2015 Mr R H Turnbull Stanwix Rural

Location: Grid Reference: Land adjacent Tanside Cottage, Scaleby, Carlisle, 346941 564110 CA6 4LD

Proposal: Erection Of 1no. Dwelling

Decision: Refuse Permission Date: 20/11/2015

Decision of: Planning Inspectorate

Decision Type: Appeal Dismissed Date: 05/08/2016

Item no: 12

Appn Ref No: Applicant: Parish: 15/0886 Church Commissioners for Wetheral England

Date of Receipt: Agent: Ward: 25/09/2015 11:00:38 Savills incorporating Smiths Wetheral Gore

Location: Grid Reference: Land west of Steele's Bank, Wetheral, Carlisle 346355 554150

Proposal: Erection Of Up To 50No. Dwellings With Associated Amenity Space, Hardstanding And Ancillary Works (Outline) Members will recall at Committee meeting held on 27th November 2015 that authority was given to the Director (Economic Development) to issue approval subject to the satisfactory completion of a Section 106 Agreement regarding the provision of affordable housing (30% on site with a 50:50 split between social rented and discounted sale units); the management/maintenance of on site open space (inclusive any attenuation basin); the payment of £92,393 towards off-site recreational facilities and associated works; the payment of £10,500 towards the provision of a footway linking to the playing fields on the opposite side of the road; and the payment of the education contribution of £120,051 towards expanding Cumwhinton Primary School and £33,250 towards transport of secondary school children based on the formula used by the County Council.

This has been completed and the decision issued on 1st September 2016.

Granted Subject to Legal Agreement

1. In case of any "Reserved Matter" application for approval shall be made not later than the expiration of 3 years beginning with the date of this permission, and the development shall be begun not later than whichever is the later of the following dates:

i) The expiration of 5 years from the date of the grant of this permission, or

ii) The expiration of 2 years from the final approval of the reserved matters, or, in the case of approval on different dates, the final approval of the last such matter to be approved.

Reason: In accordance with the provisions of Section 92 of the Town and Country Planning Act 1990 (as amended by The Planning and Compulsory Purchase Act 2004).

2. Before any work is commenced, details of the layout, scale, appearance, access and landscaping of the site (hereinafter called "reserved matters") shall be submitted to and approved by the Local Planning Authority.

Reason: The application was submitted as an outline application in accordance with the provisions of Article 3 of the Town and Country Planning (General Development Procedure) Order 1995.

3. The approved documents for this Outline Consent comprise:

1. the submitted planning application form received 25th September 2015; 2. the Location Plan received 25th September 2015; 3. the Site Constraints Plan received 25th September 2015; 4. the Topographical Survey - sheet 1 of 2 (drawing no. 1 Rev A) received 25th September 2015; 5. the Topographical Survey - sheet 2 of 2 (drawing no. 2 Rev A) received 25th September 2015; 6. the Tree Survey received 25th September 2015; and 7. the Notice of Decision.

Reason: To define the permission.

4. Not more than 50 residential units/dwellings shall be erected on the site pursuant to this permission.

Reason: To ensure an adequate means of access commensurate with the scale of the development in support of Local Transport Plan Policies LD7 and LD8.

5. Prior to the commencement of development on any part of the site there shall be submitted to, and approved in writing by the Local Planning Authority, a plan and/or programme showing the proposed phasing of the development. That phasing plan shall include the phasing of the overall development hereby permitted in terms of:

1. the provision of pedestrian, cyclist and vehicular connectivity; 2. the provision of foul and surface water drainage infrastructure; 3. the delivery of other services such as gas, electricity and telecommunications; and 4. the provision of suitable accessing arrangements for recycling/waste collection vehicles.

The development shall thereafter proceed only in accordance with the approved phasing plan and/or programme or such variation to that plan and/or programme as may subsequently be agreed in writing by the Local Planning Authority.

Reason: To ensure that the site is developed in a co-ordinated manner.

6. Samples or full details of all materials to be used on the exterior shall be submitted to and approved, in writing, by the Local Planning Authority before any work is commenced.

Reason: To ensure the materials used are acceptable and to ensure compliance with Policy CP5 of the Carlisle District Local Plan 2001-2016.

7. No development shall commence until details of the proposed hard surface finishes to all public and private external areas within the proposed scheme have been submitted to and approved, in writing, by the Local Planning Authority.

Reason: To ensure the materials used are acceptable and to ensure compliance with Policy CP5 of the Carlisle District Local Plan 2001-2016.

8. No development shall take place until full details of the proposed soft landscape works, including a phased programme of works, have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved prior to the occupation of any part of the development or in accordance with the programme agreed by the Local Planning Authority. The proposed landscaping scheme shall include the retention (where practical) of the existing trees and hedgerows. Any trees or other plants which die or are removed within the first five years following the implementation of the landscaping scheme shall be replaced during the next planting season.

Reason: To ensure that an acceptable landscaping scheme is prepared and to ensure compliance with Policy CP5 of the Carlisle District Local Plan 2001-2016.

9. Before any development is commenced on the site, including site works of any description, a protective fence shall be erected around those hedges and trees to be retained in accordance with a scheme that has been submitted to and agreed, in writing, by the Local Planning Authority. Within the areas fenced off the existing ground level shall be neither raised nor lowered, except in accordance with the approved scheme, and no materials, temporary buildings or surplus soil of any kind shall be placed or stored thereon. If any trenches for services are required in the fenced off area, they shall be excavated or back filled by hand and any roots encountered with a diameter of 25mm or more shall be left unsevered. The fence shall thereafter be retained at all times during construction works on the site.

Reason: In order to ensure that adequate protection is afforded to all hedges to be retained on site in support of Policy CP5 of the Carlisle District Local Plan 2001-2016.

10. No clearance of or damage to hedgerows and trees shall take place during the bird breeding season from 1st March to 31st August unless the absence of nesting birds has been established through a survey and such survey has been agreed in writing beforehand by the Local Planning Authority.

Reason: To protect features of recognised nature conservation importance, in accordance with Policy CP2 of the Carlisle District Local Plan 2001-2016.

11. Prior to the commencement of development a Construction Environmental Management Plan shall be submitted to and agreed, in writing, by the Local Planning Authority. This shall include noise management measures, waste minimisation and management measures, bio-security measures to prevent the introduction of disease and invasive species, measures to prevent pollution including the management of site drainage such as the use of silt traps during construction, the checking and testing of imported fill material where required to ensure suitability for use and prevent the spread invasive species, the construction hours of working, wheel washing, vibration management, dust management, vermin control, vehicle control within the site and localised traffic management and protocols for contact and consultation with local people and other matters to be agreed with the Local Planning Authority.

The agreed scheme shall be implemented upon commencement of development and shall not be varied without prior written agreement of the Local Planning Authority.

Reason: To safeguard the living conditions of neighbouring residents, prevent pollution, and mitigate impacts on wildlife in accordance with Policies CP2, CP5, CP6, LE2 and LE4 of the Carlisle District Local Plan 2001-2016.

12. No construction work associated with the development hereby approved shall be carried out before 07.30 hours on weekdays and Saturdays nor after 18.00 hours on weekdays and 13.00 hours on Saturdays (nor at any times on Sundays or Bank Holidays).

Reason: To prevent disturbance to nearby occupants in accordance with Policy CP6 of the Carlisle District Local Plan 2001-2016.

13. No development approved by this permission shall be commenced until a fully developed Surface Water Drainage Scheme (based upon calculations and information to demonstrate flow routes) has been submitted to and approved in writing by the Local Planning Authority. The Scheme (including any attenuation basin and associated means of enclosure) shall be fully implemented and subsequently maintained, in accordance with the timing/phasing arrangements embodied within the Scheme, or within any other period as may subsequently agreed by the Local Planning Authority.

Reason: To ensure adequate means of surface water disposal; to prevent and reduce the risk of flooding; and avoid impacts on a designated site in accordance with Policies CP2, CP10, CP12 and LE2 of the Carlisle District Local Plan 2001-2016.

14. No development shall commence until a comprehensive foul drainage scheme identifying the location of the proposed connection point(s) into the existing foul drainage system, and a flow and load impact assessment to demonstrate that the existing foul drainage system has the capacity to cope with the increased load, have been submitted to and agreed, in writing, by the Local Planning Authority.

Reason: To ensure that adequate drainage facilities are available and to ensure compliance with Policy CP12 of the Carlisle District Local Plan 2001-2016.

15. No dwelling shall be occupied until the respective foul and surface water drainage works, submitted under the above conditions 13 and 14, have been completed in accordance with the details approved by the Local Planning Authority.

Reason: To ensure that adequate drainage facilities are available which are comprehensive in extent and follow a co-ordinated sequence in accord with Policies CP2, CP10, CP12 and LE2 of the Carlisle District Local Plan 2001-2016.

16. No development shall commence until details of any walls, gates, fences and other means of permanent enclosure and/or boundary treatment to be erected have been submitted to and approved, in writing, by the Local Planning Authority. All works comprised in the approved details of means of enclosure and boundary treatment for the constituent phases of development shall be carried out contemporaneously with the completion (i.e. by the plastering out) of each residential unit.

Reason: To ensure that the details are acceptable and to ensure that the work is undertaken in a co-ordinated manner that safeguards the appearance and security of the area in accordance with Policies CP5 and CP17 of the Carlisle District Local Plan 2001-2016.

17. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, or any Order revoking and re-enacting that Order, no electricity sub-stations or gas governors shall be erected without the prior permission of the Local Planning Authority.

Reason: The local planning authority wish to retain control over the erection of electricity sub-stations and gas governors in order to maintain the visual integrity of the development in accordance with Policy CP5 of the Carlisle District Local Plan 2001-2016.

18. Prior to the commencement of development hereby permitted full details of the existing and proposed ground levels and the height of the proposed finished floor levels (inclusive of any garages) shall be submitted to and approved, in writing, by the Local Planning Authority before any site works commence.

Reason: In order that the approved development overcomes any problem associated with the topography of the area and safeguards the living conditions of neighbouring residents in accordance with Policy H1 of the Carlisle District Local Plan 2001-2016.

19. In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken and where remediation is necessary a remediation scheme must be prepared which is subject to the prior approval in writing of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policies LE2 and LE29 of the Carlisle District Local Plan 2001-2016.

20. The carriageway, footways, cycleways etc shall be designed, constructed, drained and lit to a standard suitable for adoption and in this respect further details (including longitudinal/cross sections) with levels and full constructional details, shall be submitted to the Local Planning Authority for prior written approval before any other work other than site clearance, drainage and advance service works, commences on site. No work shall be commenced until a full specification has been approved. These details shall be in accordance with the standards laid down in the current Cumbria Design Guide. Any works so approved shall be constructed progressively as the constituent phases of the site are developed and prior to the completion of the last dwellinghouse (by the plastering out) within that phase of the said development, as specified in the phasing plan and/or programme required to be submitted by condition 3.

Reason: To ensure a minimum standard of construction in the interests of highway safety and to support Local Transport Plan Policies LD5, LD7 and LD8.

21. No dwelling shall be occupied until the respective estate road has been constructed in all respects to base course level and street lighting has been provided and brought into full operational use together with that dwelling's associated means of vehicular and pedestrian access, and parking provision.

Reason: To ensure that the matters specified are designed and provided to ensure a minimum standard of access when the development is brought into use.

22. No development shall commence until visibility splays providing clear visibility of 2.4 metres by 60 metres measured down the centre of the access road and the nearside channel line of the major road have been provided at the junction of the access road with the county highway. Notwithstanding the provision of The Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order) relating to permitted development, no structure, vehicle or object of any kind shall be erected, parked or placed and no trees, bushes or other plants shall be planted or be permitted to grow within the visibility splay which obstruct the visibility splays.

Reason: In the interests of highway safety and to support Local Transport Policies LD7 and LD8.

23. There shall be no means of access, pedestrian or vehicular, between the site and existing highways except by way of the approved means of vehicular access, footways and cycle track(s).

Reason: In the interests of highway safety and to support Local Transport Policies LD7 and LD8.

24. Before any development takes place, a plan shall be submitted for the prior written approval of the Local Planning Authority reserving adequate land for the parking of vehicles engaged in construction operations associated with the development hereby approved, and that land, including vehicular access thereto, shall be used for or be kept available for these purposes at all times until completion of the construction works.

Reason: The carrying out of this development without provision of these facilities during the construction works is likely to lead to inconvenience and danger to road users and to support Local Transport Policy LD8.

25. In each Phase, adequate underground ducts shall be installed in accordance with details approved beforehand by the Local Planning Authority to enable telephone services, electricity services and television services to be connected to any premises within the application site, without recourse to the erection of distribution poles and overhead lines.

Reason: To maintain the visual character of the locality in accord with Policy CP5 of the Carlisle District Local Plan 2001-2016.

26. No development shall commence until full details of the proposed wildlife compensation, mitigation and enhancement measures (including subsequent management and retention), and the timetable for such have been submitted to and approved in writing by Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details.

Reason: To ensure such works are carried out in accordance with Policy CP2 of the Carlisle District Local Plan 2001-2016.

Relevant Development Plan Policies

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP1 - Landscape Character

Proposals for development in the rural area must seek to conserve and enhance the special features and diversity of the different landscape character areas. Development will be considered appropriate to the character of the landscape provided the proposal has regard to and conserves: the landform and natural patterns of drainage;  the pattern of trees and woodland;  the habitats of species of importance for wildlife;  the pattern and composition of field boundaries;  the pattern of historic landscape features;  the pattern and distribution of settlements

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP2 - Biodiversity

Proposals in both the rural and urban area should not harm the integrity of the biodiversity resource as judged by key nature conservation principles, and proposals should seek to conserve and enhance the biodiversity value of the areas which they affect. In areas where species protected under national and European legislation are most likely to occur, special account will be given to their presence in the consideration of development proposals.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP3 - Trees And Hedges On Development Sites

Proposals for new development should provide for the protection and integration of existing trees and hedges. Where trees and hedges are present, a survey will be required showing the following: 1 the location of existing trees and hedges; 2 the species, age, height and crown spread of each tree; 3 an assessment of the condition of each tree; 4 the location and crown spread of trees on adjacent land which may be affected by the development; 5 existing and proposed changes in ground level.

In order to protect and integrate existing trees and hedges within new development, the City Council will resist proposals which cause unacceptable tree loss, and which do not allow for the successful integration of existing trees identified in the tree survey. Layouts will be required to provide adequate spacing between existing trees and buildings, taking into account the existing and future size of the trees, and their impact both above and below ground. The City Council will protect existing trees and woodlands where appropriate, by tree preservation orders, and by the use of planning conditions requiring protective fencing around trees to be retained to prevent site works within their crown spread.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP4 - Agricultural Land

Permission will not be given for development where it would lead to the loss of the best and most versatile agricultural land, unless: 1 there is an overriding need for the development; and 2 there is insufficient land of a lower grade available; or 3 available lower grade land has a statutory landscape, wildlife, historic or archaeological designation.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP5 - Design

All new development proposals will be assessed against the following design principles. Proposals should: 1 Respond to the local context and the form of surrounding buildings in relation to height, scale and massing, and by making use of appropriate materials and detailing; 2 Take into consideration any important landscape or topographical features and respect local landscape character; 3 Reinforce local architectural features, where appropriate, promoting and respecting local distinctiveness; 4 Ensure all components of the proposal, such as buildings, car parking, access routes, open space and landscaping, are well related to one another to ensure a well-integrated, successful and attractive development; 5 Ensure there is no adverse effect on the residential amenity of existing areas, or adjacent land uses, or result in unacceptable standards for future users and occupiers of the development; 6 Ensure the retention and enhancement of existing trees, shrubs, hedges and other wildlife habitats where possible. Where environmental features are lost as a result of the proposal, appropriate mitigation measures should be put in place and on-site replacement of those features will be sought; 7 Include landscaping schemes (both hard and soft) to assist the integration of new development into existing areas and ensure that development on the edge of settlements is fully integrated into its surroundings; 8 Ensure that the necessary services and infrastructure can be incorporated without causing unacceptable harm to retained features; 9 Ensure that the layout and design incorporates adequate space for waste and recycling bin storage and collection.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP10 - Sustainable Drainage Systems

Sustainable drainage systems (SUDS) should be incorporated into development proposals when the following conditions apply: 1 The development will generate an increase in surface water run-off; and 2 The rate of surface water run-off is likely to create or exacerbate flooding problems

Where SUDS are incorporated the following details shall be provided: 1 The type of SUDS; and 2 Hydraulic design details/calculations; and 3 Pollution prevention and water quality treatment measures together with details of pollutant removal capacity; and 4 Operation, maintenance and adoption details (SUDS structures will not be adopted by the statutory sewerage undertaker unless maintenance and legal agreements are in place).

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP11 - Protection Of Groundwaters And Surface Waters

Proposals for development which would cause demonstrable harm to the quality, quantity and associated ecological features of groundwater and surface waters will not be permitted.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP12 - Foul And Surface Water Sewerage And Sewage Treatment

Development will not be permitted where inadequate foul and surface water sewerage infrastructure and sewage treatment capacity exists, or where such provision cannot be made within the time constraint of the planning permission.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP15 - Access, Mobility And Inclusion

Development proposals should make provision for easy, safe and inclusive access to, into and within buildings and facilities. The layout and design of developments should meet the requirements of accessibility and inclusion for all potential users regardless of disability, age or gender. The Council will have regard to the following criteria when assessing development proposals: 1 The design of entrances and exits and ease of permeation through and between developments in terms of street furniture, circulation areas and pedestrian routes; 2 The location of any development proposal in relation to its potential users; 3 Accessibility to all transport modes and provision of adequate parking for disabled people; 4 Provision of on-site facilities such as public toilets, and appropriate signage

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Public Transport, Pedestrians And Cyclists

New developments should offer a realistic choice of access by public transport, walking and cycling. Priority should be given to the provision for safe and convenient pedestrian and cycle access including secure cycle parking provision facilities, where appropriate, in all new developments accessible to the public.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP17 - Planning Out Crime

The design of all new development must contribute to creating a safe and secure environment, integrating measures for security and crime prevention and minimising the opportunity for crime.

The following points should be applied to all development proposals: 1 Security measures should be an integral part of the design 2 Developments should be laid out and buildings positioned to maximise natural surveillance with the intention of creating a sense of neighbourhood and deterring criminal and anti-social activity 3 Public and private spaces should have clearly defined boundaries. 4 Footpaths and cycleways should be designed to maximise their use and prevent opportunities for concealment, unauthorised access or provide a choice of escape routes. 5 Landscaping schemes be designed to ensure that they do not create secluded areas, opportunities for climbing or reduce natural surveillance. 6 Lighting should deter criminal and antisocial activity whilst minimising light pollution. CCTV may be considered necessary in certain circumstances.

Developers should, at the earliest stage possible, consult Architectural Liaison Officer to advise on measures to be incorporated for designing out crime.

Carlisle District Local Plan 2001 - 2016 Spatial Strategy & Development Principles - Policy DP1 - Sustainable Development Locations

All proposals for development will be assessed against their ability to promote sustainable development. Proposals will be considered favourably in the following locations, provided they are in scale with their location and consistent with other Policies of this Local Plan.

Urban Area City of Carlisle

Key Service Centres Brampton Longtown

Local Service Centres Burgh by Sands Heads Nook Castle Carrock Houghton Cummersdale Irthington Cumwhinton Raughton Head Dalston Rockcliffe Gilsland Scotby Great Corby Smithfield Great Orton Thurstonfield Hallbankgate Warwick Bridge Hayton Wetheral

Proposals for development within these locations will be assessed on the basis of the need for development to be in the location specified. Within the Urban Area proposals for retail, office and leisure developments will be subject to a sequential approach which requires that locations re considered as follows: firstly within the City Centres; secondly edge-of-centre locations; and thirdly the remainder of the urban area. Proposals for residential development will be considered against the need to give priority to the reuse of previously developed land, with particular emphasis on vacant and derelict sites and buildings. Settlement Boundaries have been established on the Proposals Map to recognise the extent of built development or where planning permission already exists to judge proposals for development and are not indicative of land ownership. Outside these locations development will be assessed against the needs to be in the location specified.

Carlisle District Local Plan 2001 - 2016 Housing - Policy H1 - Location Of New Housing Development

New housing development will be located in sustainable locations in accordance with PPS3: Housing, Regional Planning Guidance and the Joint Structure Plan. During the Plan period 80% of new development will be located within the urban area of Carlisle, including allocated sites on the edge of the City referred to in Proposal H16. The remaining 20% will be permitted in the rural area of the District with the focus on the two Key Service Centres of Brampton and Longtown.

In the remainder of the rural area small-scale development will be located in accordance with Policy DP1 and other policies of this Plan to ensure that: 1 the site is well related to the landscape of the area and does not intrude into open countryside; and 2 the scale of the proposed development is well related to the scale, form and character of the existing settlement; and 3 the layout of the site and the design of the buildings is well related to existing property in the village; and 4 the siting and design of the buildings is well related to and does not adversely affect the amenity of neighbouring property; and 5 appropriate access and parking can be achieved; and 6 the proposal will not lead to the loss of amenity open space within or at the edge of the settlement; and 7 the proposal will not lead to the loss of the best and most versatile agricultural land.

Settlement boundaries have been drawn for the following Local Service Centres within which proposals will be judged against the above criteria.

Burgh-by-Sands Castle Carrock Cummersdale Cumwhinton Dalston Gilsland Great Corby Great Orton Hallbankgate Hayton Heads Nook Houghton Irthington Raughton Head Rockcliffe Scotby Smithfield Thurstonfield Warwick Bridge (including Little Corby & Corby Hill) Wetheral

In the following settlements small-scale infilling (development between an otherwise continuous frontage) will be allowed where this does not conflict with the criteria above and is evidenced by local need to be in that location. S106 agreements may be used to ensure local occupancy to provide for the identified need.

Blackwell Cardewlees Cargo Carleton Cotehill Cumwhitton Durdar Faugh Harker Hethersgill How Mill Lanercost Laversdale Low Row Monkhill Moorhouse Talkin Todhills Walton Warwick-on-Eden Wreay

Carlisle District Local Plan 2001 - 2016 Housing - Policy H3 - *Residential Density

New residential development should achieve an average minimum net density of 30 dwellings per hectare. Using land efficiently is a key consideration and exceptions to this must be justified by reference to the character of the surrounding area; the nature of the development proposed and the specific site considerations. Within urban areas development will be expected to achieve a minimum net density of 40 dwellings per hectare and, where appropriate, higher densities close to the City Centre.

Carlisle District Local Plan 2001 - 2016 Housing - Policy H5 - Affordable Housing

The City Council will negotiate with developers for an element of affordable housing to be included in the majority of housing developments. All allocated housing sites and windfall sites of 10 or more dwellings in the urban area will be expected to make a contribution of 30% of units on-site towards affordable housing. Only in exceptional circumstances will the Council consider off-site contributions or a financial contribution in lieu of on-site provision. In the rural area the contribution to affordable housing will be: 1 25% of housing on large sites (over 0.8ha or 25 dwellings) 2 20% of housing on medium sites (over 0.3ha or 10 dwellings) 3 10% of housing on small sites (over 0.1ha or 3 units)

The proportion of affordable housing sought will only be varied if this can be justified on a robust, evidence based, assessment of the economic viability of the site. Where intermediate affordable housing is to be provided at a discounted market value a discount of 25-30% will be sought and the discounted sale will be required to be in perpetuity.

Carlisle District Local Plan 2001 - 2016 Leisure & Community Uses - Policy LC3 - Amenity Open Space

Permission will not be granted for development that would result in the loss of amenity open spaces within settlements.

Carlisle District Local Plan 2001 - 2016 Leisure & Community Uses - Policy LC4 - Children’s Play and Recreation Areas

New family housing developments of 40 or more dwellings will be required to include, pro rata, the following standards of play space provision: Outdoor playgrounds 150m2 per hectare Informal playspace 270m2 per hectare In addition to the above, on development sites of 5 hectares or over, 0.1 hectares of sports ground development per hectare will be required. On smaller housing sites the developer will be required to make commuted payments towards the provision of play space in the locality if there is a deficiency of play space in the local area judged against the Audit of Open Space currently being carried out by the City Council as required by PPG 17. Children's play and recreation areas required by this policy will be dedicated to the City Council for maintenance purposes and a commuted payment equivalent to 10 year's maintenance costs will be required.

Carlisle District Local Plan 2001 - 2016 Local Environment - Policy LE29 - Land Affected By Contamination

Development on land known or thought to be contaminated will be permitted provided that contaminant sources, pathways and human and environmental receptors are clearly identified in a risk assessment and measures taken to treat, contain and control contamination so as not to: 1 Expose the occupiers of a development and neighbouring land uses to unacceptable risk; 2 Cause the contamination of adjoining land or allow contamination to continue; 3 Lead to the contamination of any watercourse, water body or aquifer; 4 Have an unacceptable adverse effect on habitats and ecosystems; 5 Cause harm to buildings, animals or crops

The Policy will also apply to proposed development on or within 250 metres of an existing landfill or a site known to be used for landfill within the last 30 years.

Carlisle District Local Plan 2001 - 2016 Transport - Policy T1- Parking Guidelines For Development

The level of car parking provision for development will be determined on the basis of the following factors: 1 the Parking Guidelines for Cumbria as updated by additional requirements in PPG 13; 2 the availability of public car parking in the vicinity; 3 the impact of parking provision on the environment of the surrounding area; 4 the likely impact on the surrounding road network; and 5 accessibility by and availability of, other forms of transport.

Item no: 13

Appn Ref No: Applicant: Parish: 15/0878 Prospect Estates Limited Carlisle

Date of Receipt: Agent: Ward: 23/09/2015 16:00:30 Brewster Bye Architects Belle Vue

Location: Grid Reference: Land to north of Caxton Road, Carlisle, CA2 7NS 338075 556280

Proposal: Demolition Of Existing Industrial Buildings; Erection Of 63No. Dwellings (Outline) Members will recall at Committee meeting held on 8th July 2016 that authority was given to the Director (Economic Development) to issue approval subject to Members resolved to give authority to the Director (Economic Development) to issue approval for the proposal subject to the satisfactory completion of a Section 106 Agreement covering:

(i) the provision of a total of six affordable units at a 30% discount to the market value comprising four 2 bed houses and two 3 bed houses, and (ii) the payment of £63,000 towards off-site amenity/recreational space.

Granted Subject to Legal Agreement

1. In case of any "Reserved Matter" application for approval shall be made not later than the expiration of 1 year beginning with the date of this permission, and the development shall be begun not later than whichever is the later of the following dates:

i) The expiration of 3 years from the date of the grant of this permission, or

ii) The expiration of 2 years from the final approval of the reserved matters, or, in the case of approval on different dates, the final approval of the last such matter to be approved.

Reason: In accordance with the provisions of Section 92 of the Town and Country Planning Act 1990. (as amended by The Planning and Compulsory Purchase Act 2004).

2. Before any work is commenced, details of the layout, scale, appearance, access and landscaping of the site (hereinafter called "reserved matters") shall be submitted to and approved by the local planning authority.

Reason: The application was submitted as an outline application in accordance with the provisions of Article 3 of the Town and Country Planning (General Development Procedure) Order 1995.

3. The approved documents for this Outline Consent comprise:

1. the submitted planning application form received 23rd September 2015; and 2. the Site Location Plan (drawing no. 483/01(01)001) received 23rd September 2015.

Reason: To define the permission.

4. Prior to the commencement of the development hereby permitted there shall be submitted to, and approved in writing by the Local Planning Authority, a plan and/or programme showing the proposed phasing of the development. That phasing plan shall include the phasing of the overall development hereby permitted in terms of:

1. the provision of visitor parking spaces; 2. the provision of the pedestrian/cyclist and emergency access onto Caxton Road (inclusive of proposed bollard); 3. the provision of the means of enclosure along the frontage with Caxton Road; 4. the provision of any on site open space; and 5. the provision of suitable accessing arrangements for recyclable/waste collection vehicles.

The development shall thereafter proceed only in accordance with the approved phasing plan and/or programme or such variation to that plan and/or programme as may subsequently be agreed in writing by the Local Planning Authority.

Reason: To ensure that the site is developed in a co-ordinated manner.

5. No development shall take place until a scheme restricting the rate of surface water discharge from the site to a maximum of 5 litres per second per hectare has been submitted to and approved in writing by the local planning authority. The drainage scheme shall be designed to attenuate flows generated by the critical 1 in 100 year storm event, with an appropriate allowance for climate change. The scheme shall include a detailed maintenance and management regime for the storage facility including the flow restriction. The scheme shall be phased, so as to include details of when, during the development of the site, the attenuation and flow restriction will be installed. The development shall be carried out in accordance with that phased scheme and the scheme retained and maintenance and management plan implemented throughout the lifetime of the development.

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

6. No development shall be carried out until a scheme for separate foul and surface water drainage has been submitted to and approved in writing by the local planning authority. The submitted scheme shall include details of any related off-site works, plans and longitudinal sections, hydraulic calculations, phasing of drainage provision and existing drainage to be maintained/diverted/abandoned as required. The scheme shall be phased, so as to include details of when, during the development of the site, the drainage works will be installed. Development shall be carried out in accordance with the approved scheme and phasing schedule, and no dwellings within each phase shall be occupied prior to the completion of the scheme.

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

7. No development shall be carried out until a scheme detailing temporary surface water drainage for the construction phase has been submitted to and approved in writing by the local planning authority. The submitted scheme shall include:

 phasing of the development and phasing of the temporary drainage provision as required; and  methods for preventing silt, debris and contaminants entering existing drainage systems and watercourses and how flooding of adjacent land will be prevented. The temporary works shall be implemented in accordance with the approved scheme and phasing. The approved temporary drainage scheme shall be retained until the approved permanent surface water drainage system is in place and functioning in accordance with written notification to the local planning authority.

Reason: To avoid pollution and minimise the risk of flooding.

8. No development shall commence within the site until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Local Planning Authority.

This written scheme will include the following components:

i) An archaeological evaluation; ii) An archaeological recording programme the scope of which will be dependent upon the results of the evaluation; iii) Where significant archaeological remains are revealed by the programme of archaeological work, a post-excavation assessment and analysis, preparation of a site archive ready for deposition at a store approved by the Local Planning Authority, completion of an archive report, and submission of the results for publication in a suitable journal.

Reason: To afford reasonable opportunity for an examination to be made to determine the existence of any remains of archaeological interest within the site and for the preservation, examination and recording of such remains and in accord with Policy E30 of the Carlisle District Local Plan 2001-2016.

9. No development shall commence until an investigation and risk assessment, in addition to the assessment provided with the planning application, has been completed (in accordance with a scheme to assess the nature and extent of any contamination on the site, and whether or not it originates on the site) and submitted to and approved in writing by the local planning authority. The aforementioned assessment must include:

a) a survey of the extent, scale and nature of contamination;

b) an assessment of the potential risks to: i) human health, ii) property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, iii) adjoining land, iv) groundwaters and surface waters, v) ecological systems, vi) archaeological sites and ancient monuments;

c) an appraisal of remedial options, and proposal of the preferred option(s).

This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

10. No development other than that required to be carried out as part of an approved scheme of remediation shall be commenced until a detailed remediation scheme to bring the site to a condition suitable for the intended use (by removing unacceptable risks to human health, buildings and other property and the natural and historical environment) has been prepared, submitted to and approved in writing beforehand by the local planning authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

11. The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, submitted to and approved in writing beforehand by the local planning authority.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

12. In the event that contamination not previously identified prior to the grant of planning permission is encountered during the development, all works on site (save for investigation works) shall cease immediately and the local planning authority shall be notified in writing within 2 working days. Unless otherwise approved in writing with the local planning authority works on site shall not recommence until either a) a Remediation Strategy has been submitted to and approved in writing by the local planning authority or b) the local planning authority has confirmed in writing that remediation measures are not required. Thereafter remediation of the site shall be carried out and completed in accordance with the approved Remediation Strategy. Following completion of any measures identified in the Remediation Strategy a Validation Report shall be submitted to and approved in writing by the local planning authority. Unless otherwise approved in writing no part of the site shall be brought into use until such time as the whole site has been remediated in accordance with the Remediation Strategy and Validation Report in respect of those works, as approved in writing by the local planning authority.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

13. No development shall take place until a lighting scheme has been submitted to and approved in writing by the local planning authority. The scheme shall be designed to minimise light spillage across the site and include details of any permanent lighting to roads and footpaths/pavements together with any temporary lighting required during the construction phase. Development shall be carried out in accordance with the approved details and public areas shall only be lit as per the approved scheme.

Reason: To safeguard the living conditions of neighbouring residents and ecology.

14. Prior to the occupation of any of the residential units hereby approved bat bricks shall be installed in the new buildings and an owl nesting box erected on a tree/pole in the northwest corner of the site in accordance with details submitted to and approved in writing beforehand by the local planning authority.

Reason: To safeguard the ecology of the area.

15. No development shall take place until details of a scheme to eradicate Japanese Knotweed and other invasive plant species on the site has been submitted to and approved in writing by the local planning authority. All works which form part of the approved scheme shall be completed prior to occupation of any residential unit hereby approved.

Reason: To safeguard the ecology of the area.

16. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and re-enacting that Order with or without modification) no extensions, outbuildings or boundary treatments, other than those expressly authorised by this permission, shall be erected within the curtilage of any of the residential units hereby permitted adjacent to the northern boundary of the site.

Reason: To safeguard the existing trees.

17. No development shall take place until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period and shall provide for:

 the parking of vehicles of site operatives and visitors;  loading and unloading of plant materials;  storage of plant and materials used in constructing the development;  the erection and maintenance of security hoarding;  wheel washing facilities;  measures to control the emission of dust and dirt during construction;  a scheme for recycling/disposing of waste resulting from construction works; and  the timing and routing of site clearance and construction traffic.

Reason: To safeguard the living conditions of neighbours and the environment during the construction phase.

18. No construction work associated with the development hereby approved shall be carried out before 07.30 hours on weekdays and Saturdays nor after 18.00 hours on weekdays and 13.00 hours on Saturdays (nor at any times on Sundays or Bank Holidays).

Reason: To prevent disturbance to nearby occupants in accordance with Policy CP6 of the Carlisle District Local Plan 2001-2016.

19. No development hereby permitted shall commence until an updated environmental noise report based upon World Health Organisation and BS 8233:2014 guidelines has been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out fully in accordance with the recommendations of the aforementioned approved environmental noise report.

Reason: To protect the living conditions of the future occupiers of the proposed residential units.

20. Before the occupancy of any residential unit hereby permitted abutting either Caxton Road or the adjoining commercial property to the immediate west, noise level measurements must be undertaken to verify that the internal and external noise levels do not exceed World Health Organisation and BS 8233:2014 guidelines during the daytime and night time; and the measured noise levels reported to and approved in writing by the Local Planning Authority. The internal noise levels are to be measured with windows closed and all ventilators open in the room in which the measurements are carried out. The daytime internal noise levels are to be measured in living rooms and the night time levels to be measured in bedrooms. The rooms chosen must be orientated towards Caxton Road and adjoining commercial property to the west. Before the measurements are undertaken a schedule of the properties and rooms to be used must be submitted in writing to the Local Planning Authority and the work must not be undertaken before the schedule is agreed in writing.

Reason: To protect the living conditions of the future occupiers of the proposed residential units.

21. For the duration of the development works existing trees and hedges to be retained shall be protected by a suitable barrier erected and maintained at a distance from the trunk or hedge specified by the local planning authority. The Authority shall be notified at least seven days before work starts on site so that barrier positions can be established. Within this protected area there shall be no excavation, tipping or stacking, nor compaction of the ground by any other means.

Reason: To protect trees and hedges during development works.

22. No development shall take place until details of a landscaping scheme have been submitted to and approved by the local planning authority.

Reason: To ensure that a satisfactory landscaping scheme is prepared.

23. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out either contemporaneously with the completion of individual plots or in the first planting and seeding season following the occupation of the respective residential unit. 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 others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

Reason: To ensure that a satisfactory landscaping scheme is implemented.

24. No development shall take place until details of the proposed boundary treatments and any retaining walls have been submitted to and approved in writing by the local planning authority. No residential unit shall be occupied until the boundary treatment(s) and any retaining walls relating to that plot(s) have been completed in accordance with the approved details.

Reason: To ensure that the appearance of the area is not prejudiced by lack of satisfactory screening which is not carried out in a co-ordinated manner.

25. No development shall take place until details of the proposed estate road via Turnstone Drive and the proposed means of emergency access (inclusive of the foot/cycleway connection and bollard) via Caxton Road have been submitted to and approved in writing by the local planning authority. The details shall include full sections with suitable gradients and curves, traffic calming, drainage works, street lighting, lining, surface finishes, together with an independent Road Safety Audit, covering all aspects of the works. No residential unit hereby permitted shall be occupied until the respective estate/access road (including associated footways, turning heads, and surface water drainage) has been constructed and completed in accordance with the approved details and street lighting provided and brought into full operational use.

Reason: In the interests of highway safety.

26. Prior to the occupation of any residential unit hereby permitted the associated vehicle parking areas shall have been surfaced and drained in accordance with details submitted to and approved in writing beforehand by the local planning authority. The approved vehicle parking areas shall be retained for their intended purpose at all times thereafter.

Reason: In the interests of highway safety.

27. There shall be no means of access, pedestrian or vehicular, between the site and existing highways except by way of the approved estate road, footways and footpaths.

Reason: In the interests of highway safety. 28. Samples or full details of all materials to be used on the exterior of the residential units hereby permitted shall be submitted to and approved in writing by the local planning authority before any work is commenced.

Reason: To ensure that the materials used are acceptable.

29. Details shall be submitted of the proposed hard surface finishes to all public and private external areas within the proposed scheme and approved by the Local Planning Authority before any site works commence.

Reason: To ensure that materials to be used are acceptable.

30. Details of the relative heights of the existing and proposed ground levels and the height of the proposed finished floor levels of the residential units hereby permitted shall be submitted to and approved in writing by the local planning authority before any site works commence.

Reason: In order that the approved development overcomes any problems associated with the topography of the area and safeguards the living conditions of neighbouring residents.

31. Adequate underground ducts shall be installed in accordance with details approved beforehand by the Local Planning Authority to enable telephone/broadband services, electricity services and television services to be connected to any premises within the application site, without recourse to the erection of distribution poles and overhead lines.

Reason: To maintain the visual character of the locality in accord with Policy CP5 of the Carlisle District Local Plan 2001-2016.

Relevant Development Plan Policies

Carlisle District Local Plan 2001 - 2016 Spatial Strategy & Development Principles - Policy DP1 - Sustainable Development Locations

All proposals for development will be assessed against their ability to promote sustainable development. Proposals will be considered favourably in the following locations, provided they are in scale with their location and consistent with other Policies of this Local Plan.

Urban Area City of Carlisle

Key Service Centres Brampton Longtown

Local Service Centres Burgh by Sands Heads Nook Castle Carrock Houghton Cummersdale Irthington Cumwhinton Raughton Head Dalston Rockcliffe Gilsland Scotby Great Corby Smithfield Great Orton Thurstonfield Hallbankgate Warwick Bridge Hayton Wetheral

Proposals for development within these locations will be assessed on the basis of the need for development to be in the location specified. Within the Urban Area proposals for retail, office and leisure developments will be subject to a sequential approach which requires that locations re considered as follows: firstly within the City Centres; secondly edge-of-centre locations; and thirdly the remainder of the urban area. Proposals for residential development will be considered against the need to give priority to the reuse of previously developed land, with particular emphasis on vacant and derelict sites and buildings. Settlement Boundaries have been established on the Proposals Map to recognise the extent of built development or where planning permission already exists to judge proposals for development and are not indicative of land ownership. Outside these locations development will be assessed against the needs to be in the location specified.

Carlisle District Local Plan 2001 - 2016 Economic & Commercial Growth - Policy EC1 - Primary Employment Areas

Within Primary Employment Areas proposals for B1, B2 and B8 uses will be acceptable. Permission will only be given for redevelopment or changes of use within such areas for other purposes where: 1 the existing use of the site adversely affects or could adversely affect adjacent residential properties or the local environment; or 2 the proposed alternative use provides for needed community building or public amenity space; or 3 the proposed alternative use is essential for the redevelopment of the majority of the site for employment purposes; and 4 the alternative development would be appropriate in terms of scale and design to the surrounding area and the amenity of adjacent properties would not be prejudiced.

Proposals for public sales floorspace, as opposed to trade counters, will not be permitted within employment units unless there is clear evidence that the use is an integral but ancillary part of the operation. Planning conditions, including a restriction on the hours of operation, may be used to ensure the use remains ancillary to the prime use of the unit Employment uses have now become established at the former RAF14MU outlying sites at Harker, Heathlands and Rockcliffe. The sites are designated as Primary Employment Areas.

In the Sandysike/Whitesyke areas proposals for the redevelopment and extension to existing industrial and warehousing premises will be acceptable provided: 1 the proposal does not have an adverse impact on the landscape; and 2 the proposal does not involve the loss of existing tree cover; and 3 where appropriate, opportunities are taken to reinforce existing landscaping; and 4 adequate access and appropriate parking are provided.

Carlisle District Local Plan 2001 - 2016 Local Environment - Policy LE29 - Land Affected By Contamination

Development on land known or thought to be contaminated will be permitted provided that contaminant sources, pathways and human and environmental receptors are clearly identified in a risk assessment and measures taken to treat, contain and control contamination so as not to: 1 Expose the occupiers of a development and neighbouring land uses to unacceptable risk; 2 Cause the contamination of adjoining land or allow contamination to continue; 3 Lead to the contamination of any watercourse, water body or aquifer; 4 Have an unacceptable adverse effect on habitats and ecosystems; 5 Cause harm to buildings, animals or crops

The Policy will also apply to proposed development on or within 250 metres of an existing landfill or a site known to be used for landfill within the last 30 years.

Carlisle District Local Plan 2001 - 2016 Local Environment - Policy LE30 - Derelict Land

Development involving the reclamation of derelict land and buildings will be permitted provided that the land has been remediated to a standard that is fit for the proposed land use. The proposed land use shall also be appropriate to the location, and the development and accompanying landscaping are in keeping with the surroundings. Where the derelict land has reverted to a natural state its quality, and the importance as a green area, will be taken into account in any decision about its future development.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP2 - Biodiversity

Proposals in both the rural and urban area should not harm the integrity of the biodiversity resource as judged by key nature conservation principles, and proposals should seek to conserve and enhance the biodiversity value of the areas which they affect. In areas where species protected under national and European legislation are most likely to occur, special account will be given to their presence in the consideration of development proposals.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP5 - Design

All new development proposals will be assessed against the following design principles. Proposals should: 1 Respond to the local context and the form of surrounding buildings in relation to height, scale and massing, and by making use of appropriate materials and detailing; 2 Take into consideration any important landscape or topographical features and respect local landscape character; 3 Reinforce local architectural features, where appropriate, promoting and respecting local distinctiveness; 4 Ensure all components of the proposal, such as buildings, car parking, access routes, open space and landscaping, are well related to one another to ensure a well integrated, successful and attractive development; 5 Ensure there is no adverse effect on the residential amenity of existing areas, or adjacent land uses, or result in unacceptable standards for future users and occupiers of the development; 6 Ensure the retention and enhancement of existing trees, shrubs, hedges and other wildlife habitats where possible. Where environmental features are lost as a result of the proposal, appropriate mitigation measures should be put in place and on-site replacement of those features will be sought; 7 Include landscaping schemes (both hard and soft) to assist the integration of new development into existing areas and ensure that development on the edge of settlements is fully integrated into its surroundings; 8 Ensure that the necessary services and infrastructure can be incorporated without causing unacceptable harm to retained features; 9 Ensure that the layout and design incorporates adequate space for waste and recycling bin storage and collection.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP9 - Development, Energy Conservation And Efficiency

Development proposals should take into account the need for energy conservation and efficiency in their design, layout and choice of materials. The principles should be introduced in the early stages of the design process in order to consider the orientation of buildings to maximise solar gain coupled with high levels of insulation to reduce heating costs. The efficient and effective use of land, including the reuse of existing buildings and the use of environmentally sustainable materials should also be encouraged. Landscaping schemes also may be used to shelter buildings in exposed positions to reduce heat loss. These elements will contribute to the energy efficiency of a new development. Developers should also consider the possible incorporation of photovoltaic cells, active solar panels and other small-scale sources of renewable energy. Consideration should be given to recycled materials, waste minimisation and recycling measures within the design. Designers will be encouraged to include systems for collecting roof water to enable its re-use.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP10 - Sustainable Drainage Systems

Sustainable drainage systems (SUDS) should be incorporated into development proposals when the following conditions apply: 1 The development will generate an increase in surface water run-off; and 2 The rate of surface water run-off is likely to create or exacerbate flooding problems

Where SUDS are incorporated the following details shall be provided: 1 The type of SUDS; and 2 Hydraulic design details/calculations; and 3 Pollution prevention and water quality treatment measures together with details of pollutant removal capacity; and 4 Operation, maintenance and adoption details (SUDS structures will not be adopted by the statutory sewerage undertaker unless maintenance and legal agreements are in place).

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP11 - Protection Of Groundwaters And Surface Waters Proposals for development which would cause demonstrable harm to the quality, quantity and associated ecological features of groundwater and surface waters will not be permitted.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP12 - Foul And Surface Water Sewerage And Sewage Treatment

Development will not be permitted where inadequate foul and surface water sewerage infrastructure and sewage treatment capacity exists, or where such provision cannot be made within the time constraint of the planning permission.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP15 - Access, Mobility And Inclusion

Development proposals should make provision for easy, safe and inclusive access to, into and within buildings and facilities. The layout and design of developments should meet the requirements of accessibility and inclusion for all potential users regardless of disability, age or gender. The Council will have regard to the following criteria when assessing development proposals: 1 The design of entrances and exits and ease of permeation through and between developments in terms of street furniture, circulation areas and pedestrian routes; 2 The location of any development proposal in relation to its potential users; 3 Accessibility to all transport modes and provision of adequate parking for disabled people; 4 Provision of on-site facilities such as public toilets, and appropriate signage

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Public Transport, Pedestrians And Cyclists

New developments should offer a realistic choice of access by public transport, walking and cycling. Priority should be given to the provision for safe and convenient pedestrian and cycle access including secure cycle parking provision facilities, where appropriate, in all new developments accessible to the public.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP17 - Planning Out Crime

The design of all new development must contribute to creating a safe and secure environment, integrating measures for security and crime prevention and minimising the opportunity for crime.

The following points should be applied to all development proposals: 1 Security measures should be an integral part of the design 2 Developments should be laid out and buildings positioned to maximise natural surveillance with the intention of creating a sense of neighbourhood and deterring criminal and anti-social activity 3 Public and private spaces should have clearly defined boundaries. 4 Footpaths and cycleways should be designed to maximise their use and prevent opportunities for concealment, unauthorised access or provide a choice of escape routes. 5 Landscaping schemes be designed to ensure that they do not create secluded areas, opportunities for climbing or reduce natural surveillance. 6 Lighting should deter criminal and antisocial activity whilst minimising light pollution. CCTV may be considered necessary in certain circumstances.

Developers should, at the earliest stage possible, consult Architectural Liaison Officer to advise on measures to be incorporated for designing out crime.

Carlisle District Local Plan 2001 - 2016 Housing - Policy H1 - Location Of New Housing Development

New housing development will be located in sustainable locations in accordance with PPS3: Housing, Regional Planning Guidance and the Joint Structure Plan. During the Plan period 80% of new development will be located within the urban area of Carlisle, including allocated sites on the edge of the City referred to in Proposal H16. The remaining 20% will be permitted in the rural area of the District with the focus on the two Key Service Centres of Brampton and Longtown.

In the remainder of the rural area small-scale development will be located in accordance with Policy DP1 and other policies of this Plan to ensure that: 1 the site is well related to the landscape of the area and does not intrude into open countryside; and 2 the scale of the proposed development is well related to the scale, form and character of the existing settlement; and 3 the layout of the site and the design of the buildings is well related to existing property in the village; and 4 the siting and design of the buildings is well related to and does not adversely affect the amenity of neighbouring property; and 5 appropriate access and parking can be achieved; and 6 the proposal will not lead to the loss of amenity open space within or at the edge of the settlement; and 7 the proposal will not lead to the loss of the best and most versatile agricultural land.

Settlement boundaries have been drawn for the following Local Service Centres within which proposals will be judged against the above criteria.

Burgh-by-Sands Castle Carrock Cummersdale Cumwhinton Dalston Gilsland Great Corby Great Orton Hallbankgate Hayton Heads Nook Houghton Irthington Raughton Head Rockcliffe Scotby Smithfield Thurstonfield Warwick Bridge (including Little Corby & Corby Hill) Wetheral

In the following settlements small-scale infilling (development between an otherwise continuous frontage) will be allowed where this does not conflict with the criteria above and is evidenced by local need to be in that location. S106 agreements may be used to ensure local occupancy to provide for the identified need.

Blackwell Cardewlees Cargo Carleton Cotehill Cumwhitton Durdar Faugh Harker Hethersgill How Mill Lanercost Laversdale Low Row Monkhill Moorhouse Talkin Todhills Walton Warwick-on-Eden Wreay

Carlisle District Local Plan 2001 - 2016 Housing - Policy H5 - Affordable Housing

The City Council will negotiate with developers for an element of affordable housing to be included in the majority of housing developments. All allocated housing sites and windfall sites of 10 or more dwellings in the urban area will be expected to make a contribution of 30% of units on-site towards affordable housing. Only in exceptional circumstances will the Council consider off-site contributions or a financial contribution in lieu of on-site provision. In the rural area the contribution to affordable housing will be: 1 25% of housing on large sites (over 0.8ha or 25 dwellings) 2 20% of housing on medium sites (over 0.3ha or 10 dwellings) 3 10% of housing on small sites (over 0.1ha or 3 units)

The proportion of affordable housing sought will only be varied if this can be justified on a robust, evidence based, assessment of the economic viability of the site. Where intermediate affordable housing is to be provided at a discounted market value a discount of 25-30% will be sought and the discounted sale will be required to be in perpetuity.

Carlisle District Local Plan 2001 - 2016 Leisure & Community Uses - Policy LC4 - Children’s Play and Recreation Areas

New family housing developments of 40 or more dwellings will be required to include, pro rata, the following standards of play space provision: Outdoor playgrounds 150m2 per hectare Informal playspace 270m2 per hectare In addition to the above, on development sites of 5 hectares or over, 0.1 hectares of sports ground development per hectare will be required. On smaller housing sites the developer will be required to make commuted payments towards the provision of play space in the locality if there is a deficiency of play space in the local area judged against the Audit of Open Space currently being carried out by the City Council as required by PPG 17. Children's play and recreation areas required by this policy will be dedicated to the City Council for maintenance purposes and a commuted payment equivalent to 10 year's maintenance costs will be required.

Carlisle District Local Plan 2001 - 2016 Transport - Policy T1- Parking Guidelines For Development

The level of car parking provision for development will be determined on the basis of the following factors: 1 the Parking Guidelines for Cumbria as updated by additional requirements in PPG 13; 2 the availability of public car parking in the vicinity; 3 the impact of parking provision on the environment of the surrounding area; 4 the likely impact on the surrounding road network; and 5 accessibility by and availability of, other forms of transport.

Carlisle District Local Plan 2001 - 2016 Local Environment - Policy LE7 - Buffer Zone On Hadrian’s Wall World Heritage Site

Within the buffer zone of Hadrian's Wall Military Zone World Heritage Site, as defined on the Proposals Map, proposals for development which would have an unacceptable impact on the character and/or setting of the World Heritage Site will not be permitted. Development within or adjacent to existing settlements, established farmsteads and other groups of buildings will be permitted, where it is consistent with other policies of this Plan, providing that: 1 the proposal reflects the scale and character of the existing group of buildings; and 2 there is no unacceptable adverse effect on the character and/or appearance of the Hadrian's Wall Military Zone World Heritage Site.

Within the outer visual envelope, beyond the Hadrian's Wall Military Zone World Heritage Site, proposals for major development which would have an adverse effect on the character of the World Heritage Site will not be permitted unless the need for the development outweighs the environmental costs.

Carlisle District Local Plan 2001 - 2016 Implementation, Resources And Monitoring - Policy IM1 - Planning Obligations

The Council will consider the use of Planning Obligations (S106 Agreements) in order to provide for local or community needs relevant to the proposed development as set out in other policies of this Plan. Planning Obligations will cover a number of issues such as affordable housing, recreational space, art, transport/traffic improvements, community facilities, archaeology, amenity space/landscaping, training and employment and crime and disorder measures. Separate guidance will be prepared to set out details of requirements.

Item no: 14

Appn Ref No: Applicant: Parish: 16/0159 L & N D Development and Wetheral Design Limited

Date of Receipt: Agent: Ward: 23/02/2016 13:00:20 Taylor & Hardy Limited Wetheral

Location: Grid Reference: Land to the rear of 55-65 Scotby Road, Scotby, 344011 555688 Carlisle, CA4 8BG

Proposal: Erection Of 8no. Dwellings Members will recall at Committee meeting held on 3rd June 2016 that authority was given to the Director (Economic Development) to issue approval subject to a S106 legal agreement for:

 the provision of two affordable dwellings to be sold at a 30% discount, and  the payment of £30,524 towards the off-site provision of open space/play/sport.

This has been completed and the decision was issued on 24th August 2016.

Granted Subject to Legal Agreement

1. The development shall be begun not later than the expiration of 3 years beginning with the date of the grant of this permission.

Reason: In accordance with the provisions of Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

2. The approved documents for this Planning Permission comprise:

1. the submitted planning application form received 23rd February 2016; 2. the Site Location Plan (drawing number RD/SLP Rev B) received 5th April 2016; 3. the Site Layout Plan (drawing number RD/PLOTS 1-8 SLP Rev D) received 5th May 2016; 4. the Plot 1 Floor Plans (drawing number RD/PLOT1/FP1 Rev A) received 5th May 2016; 5. the Plot 1 Elevations (drawing number RD/PLOT1/ELEV1 Rev A) received 5th May 2016; 6. the Plot 2 Floor Plans (drawing number RD/PLOT2/FP1 Rev A) received 5th May 2016; 7. the Plot 2 Elevations (drawing number RD/PLOT2/ELEV1 Rev A) received 5th May 2016; 8. the Plots 3 and 4 Elevations (drawing number RD/PLOTS 3 & 4/ELEV1 Rev A) received 5th May 2016; 9. the Plots 3 and 4 Floor Plans (drawing number RD/PLOTS 3 & 4/FP1 Rev A) received 5th May 2016; 10. the Plot 5 Floor Plans (drawing number RD/PLOT5/FP1 Rev A) received 5th May 2016; 11. the Plot 5 Elevations (drawing number RD/PLOT1/ELEV1 Rev A) received 5th May 2016; 12. the Plot 6 Floor Plans (drawing number RD/PLOT 6/FP1 Rev A) received 5th May 2016; 13. the Plot 6 Elevations (drawing number RD/PLOT 6/ELEV1 Rev A) received 5th May 2016; 14. the Plots 7 and 8 Elevations (drawing number RD/PLOTS 7 & 8/ELEV1 Rev A) received 5th May 2016; 15. the Plots 7 and 8 Floor Plans (drawing number RD/PLOTS 7 & 8/ELEV1 Rev A) received 5th May 2016; 16. the Plot 2 Garage (drawing number RD/PLOT2 GAR/ELEV1 Rev C) received 26th May 2016; 17 the Plots 1-5 Scene (drawing number RDL/LAYERED SCENE 1-5 Rev D) received 26th May 2016; 18. the Plots 6-8 Scene (drawing number RDL/LAYERED SCENE 678 Rev A) received 19th May 2016; 19. the Materials Schedule received 5th April 2016; 20. the Extended Phase 1 Habitat Survey received 7th March 2016; 21. the Envirosearch Report received 23rd February 2016; 22. the Tree and Hedge Survey received 23rd February 2016; 23. the Notice of Decision; and 24. any such variation as may subsequently be approved in writing by the Local Planning Authority.

Reason: To define the permission.

3. Details of the relative heights of the proposed finished ground levels and the height of the proposed finished floor levels of the new dwellings shall be submitted to and approved in writing by the Local Planning Authority before any site works commence.

Reason: In order that the approved development overcomes any problems associated with the topography of the area in accordance with Policies CP5 of the Carlisle District Local Plan 2001-2016.

4. No development approved by this permission shall be commenced until a scheme for the disposal of foul drainage has been submitted to and approved in writing by the Local Planning Authority. Such a scheme shall be constructed and completed in accordance with the approved plans.

Reason: To ensure a satisfactory means of foul drainage and in accordance with Policy CP12 of the Carlisle District Local Plan 2001-2016.

5. No development shall commence until full details of the surface water system demonstrating that no flooding will occur on any part of the site for a 1 in 30 year event unless designated to do so, flooding will not occur to any building in a 1 in 100 year event, takes account of the likely impacts of climate change and where reasonably possible flows resulting from rainfall in excess of a 1 in 100 year rainfall event are managed in conveyance routes (plans of flow routes etc) have been agreed in writing with the Local Planning Authority.

Reason: To manage flood risk within the development that results from surface water to minimise the risk to people and property.

6. No development shall commence until details to confirm the design of the surface water drainage system will mitigate any negative impact of surface water from the development on flood risk outside the development boundary have been agreed in writing with the Local Planning Authority.

Reason: To safeguard against negative impact outside the development boundary to people and property.

7. No development shall commence until details of future maintenance and operation of the surface water drainage system are agreed in writing with the Local Planning Authority.

Reason: To ensure the surface water system continues to function as designed.

8. No development shall commence until a construction surface water management plan has been agreed in writing with the Local Planning Authority.

Reason: To safeguard against flooding to surrounding sites and to safeguard against pollution of the watercourse running close to the site.

9. No development shall be commenced until samples or full details of materials to be used externally on the dwellings have been submitted to and approved in writing by the Local Planning Authority. Such details shall include the type, colour and texture of the materials.

Reason: To ensure that materials to be used are acceptable and in accordance with Policy CP5 of the Carlisle District Local Plan 2001-2016.

10. No development shall take place until details of the proposed boundary treatments and any retaining walls have been submitted to and approved in writing by the local planning authority. No dwelling shall be occupied until the boundary treatment(s) and any retaining walls relating to that plot(s) have been completed in accordance with the approved details.

Reason: In the interests of privacy, visual amenity and stability in accordance with Policy H2 of the Carlisle District Local Plan 2001-2016.

11. No development shall take place until full details of hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved prior to the occupation of the dwellings. Any trees or other plants which die or are removed within the first five years following the implementation of the landscaping scheme shall be replaced during the next planting season.

Reason: To ensure that a satisfactory landscaping scheme is prepared and to ensure compliance with Policy CP5 of the Carlisle District Local Plan 2001-2016.

12. Before development commences a scheme of tree and hedge protection for those trees and hedges to be retained shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall show the position and type of barriers to be installed. The barriers shall be erected before development commences and retained for the duration of the development.

Reason: To protect trees and hedges during development works in accordance with Policy CP3 of the Carlisle District Local Plan 2001-2016.

13. Within the tree protection fencing approved by Condition 12:

1. No equipment, machinery or structure shall be attached to or supported by a retained tree or by the tree protection barrier. 2. No mixing of cement or use of other contaminating materials or substances shall take place within, or close enough to, a root protection area that seepage or displacement could cause them to enter a root protection area. 3. No alterations or variations to the approved tree and hedge protection schemes shall be made without prior written consent of the local planning authority. 4. No materials or vehicles shall be stored or parked within the fenced off area. 5. No alterations to the natural/existing ground level shall occur. 6. No excavations will be carried out within the fenced off area. 7. The tree and hedge protection fencing must be maintained to the satisfaction of the Local Planning Authority at all times until completion of the development.

Reason: To protect trees and hedges during development works in accordance with Policy CP3 of the Carlisle District Local Plan 2001-2016.

14. No construction of any dwelling hereby permitted shall commence until visibility splays providing clear visibility of 49 metres measured down the centre of the access road and the near side channel line of the major road have been provided at the junction of the access road with the county highway. Notwithstanding the provision of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order) relating to permitted development, no structure, vehicle or object of any kind shall be erected, parked or placed and no trees, bushes or other plants shall be planted or be permitted to grow within the visibility splay which obstruct the visibility splays.

Reason: In the interests of highway safety, to support Local Transport Plan Policies LD7 and LD8.

15. The whole of the access area bounded by the carriageway edge, entrance gates and the splays shall be constructed and drained to the specification of the Local Planning Authority in consultation with the Highways Authority.

Reason: In the interests of road safety. To support Local Transport Plan Policies: LD5, LD7 and LD8.

16. Ramps shall be provided on each side of every road junction to enable wheelchairs, prams and invalid carriages to be safely manoeuvred at kerb lines. Details of all such ramps shall be submitted to the Local Planning Authority for approval before development commences. Any details so approved shall be constructed as part of the development.

Reason: To ensure that pedestrians and people with impaired mobility can negotiate road junctions in relative safety and to support Local Transport Plan Policies LD5, LD7 and LD8.

17. The carriageway, footways, footpaths, cycleways etc shall be designed, constructed, drained and lit to a standard suitable for adoption and in this respect further details, including longitudinal/cross sections, shall be submitted to the Local Planning Authority for approval before any work commences on site. No work shall be commenced until a full specification has been approved. These details shall be in accordance with the standards laid down in the current Cumbria Design Guide. Any works so approved shall be constructed before the development is completed.

Reason: To ensure a minimum standard of construction in the interests of highway safety. To support Local Transport Plan Policies: LD5, LD7 and LD8.

18. No dwelling hereby permitted shall be occupied until a means of vehicular access, traffic calming measures, and associated turning/vehicle parking area(s) has been constructed in accordance with plans to be approved by the Local Planning Authority.

Reason: To ensure a suitable standard of vehicular access in the interests of highway safety. To support Local Transport Plan Policies: LD5, LD7 and LD8.

19. Before any development takes place, a plan shall be submitted for the prior approval of the Local Planning Authority reserving adequate land for the parking of vehicles engaged in construction operations associated with the development hereby approved, and that land, including vehicular access thereto, shall be used for or be kept available for these purposes at all times until completion of the construction works.

Reason: The carrying out of this development without the provision of these facilities during the construction works is likely to lead to inconvenience and danger to road users. To support Local Transport Plan Policy: LD8.

20. No site clearance shall take place during the bird breeding season from 1st March to 31st August unless the absence of nesting birds has been established through a survey and such survey has been agreed in writing beforehand by the Local Planning Authority.

Reason: To protect nesting birds in accordance with Policy CP5 of the Carlisle District Local Plan 2001-2016.

21. No work associated with the construction of the residential units hereby approved shall be carried out before 07.30 hours on weekdays and Saturdays nor after 18.00 hours on weekdays and 16.00 hours on Saturdays (nor at any times on Sundays or statutory holidays).

Reason: To prevent disturbance to nearby occupants in accordance with Policy H2 of the Carlisle District Local Plan 2001-2016.

22. 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 in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken and where remediation is necessary a remediation scheme must be prepared, which is subject to the approval in writing of the Local Planning Authority.

Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority.

Reason To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy CP13 of the Carlisle District Local Plan 2001-2016.

23. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, (or any Order revoking and re-enacting that Order), no additional windows shall be inserted above the ground floor on the north elevation of the hereby permitted dwellings on plots 2 and 4 without the prior consent of the Local Planning Authority.

Reason: In order to protect the privacy and amenities of residents in close proximity to the site and to ensure compliance with Policy H11 of the Carlisle District Local Plan 2001-2016.

Relevant Development Plan Policies

Carlisle District Local Plan 2001 - 2016 Spatial Strategy & Development Principles - Policy DP1 - Sustainable Development Locations

All proposals for development will be assessed against their ability to promote sustainable development. Proposals will be considered favourably in the following locations, provided they are in scale with their location and consistent with other Policies of this Local Plan.

Urban Area City of Carlisle

Key Service Centres Brampton Longtown

Local Service Centres Burgh by Sands Heads Nook Castle Carrock Houghton Cummersdale Irthington Cumwhinton Raughton Head Dalston Rockcliffe Gilsland Scotby Great Corby Smithfield Great Orton Thurstonfield Hallbankgate Warwick Bridge Hayton Wetheral

Proposals for development within these locations will be assessed on the basis of the need for development to be in the location specified. Within the Urban Area proposals for retail, office and leisure developments will be subject to a sequential approach which requires that locations re considered as follows: firstly within the City Centres; secondly edge-of-centre locations; and thirdly the remainder of the urban area. Proposals for residential development will be considered against the need to give priority to the reuse of previously developed land, with particular emphasis on vacant and derelict sites and buildings. Settlement Boundaries have been established on the Proposals Map to recognise the extent of built development or where planning permission already exists to judge proposals for development and are not indicative of land ownership.

Outside these locations development will be assessed against the needs to be in the location specified.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP1 - Landscape Character

Proposals for development in the rural area must seek to conserve and enhance the special features and diversity of the different landscape character areas. Development will be considered appropriate to the character of the landscape provided the proposal has regard to and conserves: the landform and natural patterns of drainage;  the pattern of trees and woodland;  the habitats of species of importance for wildlife;  the pattern and composition of field boundaries;  the pattern of historic landscape features;  the pattern and distribution of settlements

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP2 - Biodiversity

Proposals in both the rural and urban area should not harm the integrity of the biodiversity resource as judged by key nature conservation principles, and proposals should seek to conserve and enhance the biodiversity value of the areas which they affect. In areas where species protected under national and European legislation are most likely to occur, special account will be given to their presence in the consideration of development proposals.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP4 - Agricultural Land

Permission will not be given for development where it would lead to the loss of the best and most versatile agricultural land, unless: 1 there is an overriding need for the development; and 2 there is insufficient land of a lower grade available; or 3 available lower grade land has a statutory landscape, wildlife, historic or archaeological designation.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP5 - Design

All new development proposals will be assessed against the following design principles. Proposals should: 1 Respond to the local context and the form of surrounding buildings in relation to height, scale and massing, and by making use of appropriate materials and detailing; 2 Take into consideration any important landscape or topographical features and respect local landscape character; 3 Reinforce local architectural features, where appropriate, promoting and respecting local distinctiveness; 4 Ensure all components of the proposal, such as buildings, car parking, access routes, open space and landscaping, are well related to one another to ensure a well-integrated, successful and attractive development; 5 Ensure there is no adverse effect on the residential amenity of existing areas, or adjacent land uses, or result in unacceptable standards for future users and occupiers of the development; 6 Ensure the retention and enhancement of existing trees, shrubs, hedges and other wildlife habitats where possible. Where environmental features are lost as a result of the proposal, appropriate mitigation measures should be put in place and on-site replacement of those features will be sought; 7 Include landscaping schemes (both hard and soft) to assist the integration of new development into existing areas and ensure that development on the edge of settlements is fully integrated into its surroundings; 8 Ensure that the necessary services and infrastructure can be incorporated without causing unacceptable harm to retained features; 9 Ensure that the layout and design incorporates adequate space for waste and recycling bin storage and collection.

Carlisle District Local Plan 2001 - 2016 Core Development Policies - Policy CP12 - Foul And Surface Water Sewerage And Sewage Treatment

Development will not be permitted where inadequate foul and surface water sewerage infrastructure and sewage treatment capacity exists, or where such provision cannot be made within the time constraint of the planning permission.

Carlisle District Local Plan 2001 - 2016 Housing - Policy H1 - Location Of New Housing Development

New housing development will be located in sustainable locations in accordance with PPS3: Housing, Regional Planning Guidance and the Joint Structure Plan. During the Plan period 80% of new development will be located within the urban area of Carlisle, including allocated sites on the edge of the City referred to in Proposal H16. The remaining 20% will be permitted in the rural area of the District with the focus on the two Key Service Centres of Brampton and Longtown.

In the remainder of the rural area small-scale development will be located in accordance with Policy DP1 and other policies of this Plan to ensure that: 1 the site is well related to the landscape of the area and does not intrude into open countryside; and 2 the scale of the proposed development is well related to the scale, form and character of the existing settlement; and 3 the layout of the site and the design of the buildings is well related to existing property in the village; and 4 the siting and design of the buildings is well related to and does not adversely affect the amenity of neighbouring property; and 5 appropriate access and parking can be achieved; and 6 the proposal will not lead to the loss of amenity open space within or at the edge of the settlement; and 7 the proposal will not lead to the loss of the best and most versatile agricultural land.

Settlement boundaries have been drawn for the following Local Service Centres within which proposals will be judged against the above criteria.

Burgh-by-Sands Castle Carrock Cummersdale Cumwhinton Dalston Gilsland Great Corby Great Orton Hallbankgate Hayton Heads Nook Houghton Irthington Raughton Head Rockcliffe Scotby Smithfield Thurstonfield Warwick Bridge (including Little Corby & Corby Hill) Wetheral

In the following settlements small-scale infilling (development between an otherwise continuous frontage) will be allowed where this does not conflict with the criteria above and is evidenced by local need to be in that location. S106 agreements may be used to ensure local occupancy to provide for the identified need.

Blackwell Cardewlees Cargo Carleton Cotehill Cumwhitton Durdar Faugh Harker Hethersgill How Mill Lanercost Laversdale Low Row Monkhill Moorhouse Talkin Todhills Walton Warwick-on-Eden Wreay

Carlisle District Local Plan 2001 - 2016 Housing - Policy H5 - Affordable Housing

The City Council will negotiate with developers for an element of affordable housing to be included in the majority of housing developments. All allocated housing sites and windfall sites of 10 or more dwellings in the urban area will be expected to make a contribution of 30% of units on-site towards affordable housing. Only in exceptional circumstances will the Council consider off-site contributions or a financial contribution in lieu of on-site provision.

In the rural area the contribution to affordable housing will be: 1 25% of housing on large sites (over 0.8ha or 25 dwellings) 2 20% of housing on medium sites (over 0.3ha or 10 dwellings) 3 10% of housing on small sites (over 0.1ha or 3 units)

The proportion of affordable housing sought will only be varied if this can be justified on a robust, evidence based, assessment of the economic viability of the site. Where intermediate affordable housing is to be provided at a discounted market value a discount of 25-30% will be sought and the discounted sale will be required to be in perpetuity.

Carlisle District Local Plan 2001 - 2016 Housing - Policy H9 - Backland Development

Proposals for housing development, where appropriate, in large back gardens or behind existing housing developments will be acceptable providing that: 1 the scale, design and siting of the proposal is appropriate for the site and is in keeping with the character and quality of the local environment; and 2 there is no loss of amenity to surrounding properties; and 3 existing landscape features are retained and additional planting is included as an integral part of the scheme; and 4 appropriate access and car parking can be achieved.

Carlisle District Local Plan 2001 - 2016 Local Environment - Policy LE8 - Archaeology On Other Sites

On land for which there is no archaeological information, but where there are reasonable grounds for believing remains to be present, the City Council will ensure that the archaeological aspects of development proposals are examined and evaluated before planning applications are determined. Planning permission will not be granted without adequate assessment of the archaeological implications.

Carlisle District Local Plan 2001 - 2016 Transport - Policy T1- Parking Guidelines For Development

The level of car parking provision for development will be determined on the basis of the following factors: 1 the Parking Guidelines for Cumbria as updated by additional requirements in PPG 13; 2 the availability of public car parking in the vicinity; 3 the impact of parking provision on the environment of the surrounding area; 4 the likely impact on the surrounding road network; and 5 accessibility by and availability of, other forms of transport.

Carlisle District Local Plan 2001 - 2016 Implementation, Resources And Monitoring - Policy IM1 - Planning Obligations

The Council will consider the use of Planning Obligations (S106 Agreements) in order to provide for local or community needs relevant to the proposed development as set out in other policies of this Plan. Planning Obligations will cover a number of issues such as affordable housing, recreational space, art, transport/traffic improvements, community facilities, archaeology, amenity space/landscaping, training and employment and crime and disorder measures. Separate guidance will be prepared to set out details of requirements.