Borough Council Planning Application 2/2016/0070

Proposed Proposed 69 dwellings Development: Location: Land at Matty Lonning Applicant: Mr David Hayward Story Homes Recommendation: APPROVE

Approve subject to conditions and the completion of Section 106 legal agreement to secure the following:

1. Provision of education contribution of £295,221 2. Provision of public open space contribution of £13,427.00 to upgrade existing play area within Thursby 3. Provision for future management of the public open space, amenity green space and landscaped areas to include transfer to and future maintenance by a private management company 4. Provision of 25% of the 69 units proposed across the whole site as affordable housing in perpetuity.

Summary/Key Issues

Issue Conclusion

Principle of Thursby is designated as a Local Service centre under the Development Allerdale Local Plan (Part 1). Policy S5 of the Allerdale Local Plan Part 1 (ALPP1) states that new development will be concentrated within the physical limits of Local Service Centres LSC. The proposed development site lies outside of, but directly adjacent to, the defined settlement limit for Thursby. Notwithstanding the adoption of the ALPP1 and the spatial strategy contained therein, the defined limits for individual settlements continue to be derived from the Allerdale Local Plan 1999. The LPA is currently in the process of reviewing settlement limits as part of the site allocations process but this development plan document, Allerdale Local Plan (Part 2), is at its early stages in the process towards adoption.

Taking into account the age of the current defined settlement limits and also principles of sustainable development set out within the National Planning Policy Framework (NPPF), officers consider that an element of flexibility must be applied when considering proposals for development that lie outside of them. Given the scale of development proposed and the proximity and relationship of the site to the current defined settlement officers consider the principle of residential development to be acceptable at this location.

Impact on Highway No objections are raised by the local highway authority in relation Network to the proposed access arrangements for the site or the impact of the proposed development on the highway network in the locality.

The Highways Authority has requested a number of conditions be attached to provide adequate infrastructure and ensure a safe walking route is provided.

Officers conclude that the proposed development would not have a significant adverse impact on the local highway network and therefore is compliant with the provisions of Policies S2, S5 and S22 of the Allerdale Local Plan (Part 1).

Affordable Housing The proposed outline scheme would see 17 affordable units which represent 25% of the scheme, officers consider this is in line with the provisions of Policy S8 of the Allerdale Local Plan (Part 1). A draft s106 for the development is currently under review by officers Heritage Assets Officers conclude that the proposed development would not adversely affect any heritage assets and therefore is compliant with Policy S2, S4, S5 and S27 of the Allerdale Local Plan (Part 1).

Landscape and Officers consider that although the proposal may result in changes Visual Impact to the immediate landscape, the development when viewed from long range views would be seen in the context of the existing built development of Thursby.

Officers conclude that the proposed development is in line with the Landscape Character Guidance and would not have a significant adverse impact on landscape character and visual amenity and therefore is compliant with the provisions of Policies S32 and S33 of the Allerdale Local Plan (Part 1).

Trees and Officers conclude that a proposed layout could be achieved that Hedgerows would safeguard, where possible, existing trees and hedgerows that contribute positively to the character of the local area and provide ecological value in compliance with the provisions of Policies S33, S35, and DM17 of the Allerdale Local Plan (Part 1).

Ecology Officers have considered the standing advice for protected species referred to in the Natural response. Based on the information and guidance contained therein, officers consider that subject to the inclusion of the mitigation measures identified within the Ecological Assessments, the proposed development would not cause significant harm to protected species that may roost, forage or commute within the site.

Officers conclude that the proposed development would not have a significant adverse impact on ecology and therefore is compliant with the provisions of Policies S35 of the Allerdale Local Plan (Part 1).

Flood Risk and The applicant has commissioned a Flood Risk Assessment that Drainage concludes the proposal will not result in any Flood Risk to the site or nearby properties.

United Utilities have assessed the proposal and consider the proposal to be acceptable subject to conditions requiring full details of the foul and surface water drainage scheme following the principles set out in the Flood Risk Assessment.

Officers conclude that the proposed development would not be liable to a high risk of flooding, or exacerbate flood risk elsewhere and therefore is compliant with the provisions of Policies S2 and S29 of the Allerdale Local Plan (Part 1).

Community CCC has estimated that there the development would yield 17 Infrastructure primary and 12 secondary school places. Currently the primary school has a capacity for only 9 of the 17 places and therefore the development has necessitated the need for a new classroom to accommodate the anticipated increase in pupils. The applicant has agreed to the total required education contribution of £295,221 and has agreed its inclusion within the Section 106 agreement.

Archaeology A condition for site investigations and recording can provide a satisfactory assessment of potential archaeological remains.

Residential Amenity The proposal will have some impact on existing properties, however the effects of the development of the amenities of the occupiers of these properties are not considered to be significant.

Noise The existing noise from the wind turbine and road traffic from the A595 would not lead to unacceptable living conditions of the dwellings subject to appropriate mitigation measures. Proposal

The application seeks full planning permission for the erection of 69 dwellings with associated infrastructure including a revised access, pedestrian access points, public open space and the creation of an attenuation pond. Site

The application site lies on the western periphery of the village of Thursby and is approximately 3.07ha located 6.45km to the south west of Carlisle, 3.8km to the west of Dalston and 5.8km to the north east of . The site is bound by the highway to the south agricultural land to the north and west and residential properties and the village hall to the east. The site itself is in beneficial agricultural use and is currently grazed by livestock.

The site is separated from the highway by a wide grass verge with mature hedgerows with an existing agricultural access into the site. The A595 is to the north and west with the A596 to the north west. The site rises from the west towards the edge of the village and sits within a gently undulating landscape. There are number of mature trees within the curtilages of neighbouring properties and smaller trees adjacent to the hedgerow.

The village of Thursby offers a number of services such as a public house, primary school, public transport, village hall and church.

Relevant Policies

National Planning Policy Framework

Building a strong, competitive economy Meeting the challenge of climate change, flooding and coastal change Conserving and enhancing the natural environment Conserving and enhancing the historic environment Promoting sustainable transport Delivering a wide choice of high quality homes Requiring good design Promoting healthy communities

Allerdale Local Plan (Part 1) July 2014

Policy S1 - Presumption in favour of sustainable development Policy S2 - Sustainable development principles Policy S3 - Spatial Strategy and Growth Policy S4 - Design principles Policy S5 - Development Principles Policy S6d - Wigton Policy S7 - A mixed and balanced housing market Policy S8 - Affordable Housing Policy S21 - Developer contributions (excluding viability) Policy S24 - Green infrastructure Policy S27 - Heritage Assets Policy S29 - Flood Risk and Surface Water Drainage Policy S32 - Safeguarding amenity Policy S33 - Landscape Policy S35 - Protecting and enhancing biodiversity and geodiversity Policy DM14 - Standards of Good Design Policy DM17 - Trees, hedgerows and woodland

Relevant Planning History

No relevant site history

Representations

The application has been called in by Councillor Patricia MacDonald.

Parish Council – The parish council has raised strong objections to the application which can be found in full as an appendix to the agenda. The main issues raised are that of:

 They are not opposed to development within the village however they would be in favour of smaller developments of between 1 and 9  The proposal is contrary to the NPPF and the Allerdale Local Plan  Housing supply  Design  Scale  Effects on listed properties  Noise  Shadow flicker  Visual impact of wind turbine  Flaws within the application document  Flood risk  Highways issues including effects on the local road network  Safety issues and access issues  Use of Matty Lonning which is restricted access  Impacts on visual amenity, requirements for infrastructure  Effects on the school  Loss of amenity  Effects on the landscape

Cumbria County Council

Education – No objections subject to a commuted sum contribution of a new classroom based on insufficient capacity of the primary school and a contribution to fund secondary school transport for a period of 5 years.

Lead Local Flood Authority – No objections to the applicant’s drainage strategy and recommend a condition to ensure future maintenance and operation of the surface water drainage system.

Highways – Have withdrawn their initial objections to the proposal and raise no objections to the amended plans. The speed survey has shown that the site can be accessed safely. The footpath link to the parish hall would allow a safe route to the village. The internal road layout and parking provision is considered to be acceptable.

Would recommend conditions in relation to the design of carriageways, footways, etc. and the requirements for visibility splays. They also indicate that adequate land should be reserved for the parking of construction vehicles.

Rights of Way Officer- Highlights public footpath 254004 crosses over the north west corner of the site and must not be altered or obstructed during or after the proposed development has been completed.

County Archaeologist The county archaeologist has highlighted that the site lies in an area with potential remains of prehistoric farmsteads and a Roman road located nearby. The county archaeologist has recommended that further archaeological investigations and recording should be undertaken prior to the commencement of development.

Cumbria Constabulary – No objections – recommends more defined front gardens, pedestrian routes should be overlooked and burglary protection measures.

Natural England – No objections

Allerdale BC Housing – Evidence base indicates the need for one and two bedroomed affordable units in Thursby.

Access officer – No objections on access issues for disabled people.

Electricity North West – The application could have an impact on their infrastructure. They indicate that the 11kV overhead line which oversails the site will need to be diverted.

United Utilities – Confirm the proposals are acceptable in principle to United Utilities subject to the drainage being carried out in accordance with the principles set out within the submitted flood risk assessment. Recommend that a condition is included to ensure the maintenance of the surface water drainage system. No easements are on the proposed site; however, there is one close to the boundary line.

Environmental Health – No objections subject to mitigation measures recommended within the acoustic report and the installation of acoustic fencing to the western boundary.

Sue Hayman MP – Has highlighted that she has received a number of concerns from local residents and Thursby Parish Council and highlights that she wishes her constituents concerns are fully taken into account when making the decisions

The application has been advertised on site and within the local press there has been 80 letters of objection which relate to the following issues:- Transport/highways

 Potential for an increased risk of accidents of on the A595 and within the village  There are already accidents including fatalities occurring on the A595 and all junctions out of the village  A turning lane should be installed on A595 onto Low Road  Issues with speeding/overtaking on the A595  Pedestrian safety issues within the village  There are existing problems with Thursby roundabout including congestion speed of vehicles approaching the junction  Matty Lonning is access only  Matty Lonning would become a rat run from residents of the new estate  Speed survey carried out in school holidays – likely to be less traffic  Inadequate information in relation to the speed survey  Usage of the local road network from the development has been underestimated  Local knowledge of road network is being ignored  The new footpath link would go over private land  The Dalston right turn at has recently been stopped showing right turns are unsafe from the A595  The alterations to the access with Dalston will alter the travel plan assumptions  The A595 has been named as Cumbria’s most dangerous road by Cumbria’s crime commissioner in 2015  The use of the highway verge as a footpath will become dangerous  Traffic using the roads around the green would increase  Effects of construction traffic  Cycling in the area is dangerous  The current speed limit on Low Road is 60mph  Parking gets congested on Matty Lonning when the church or parish hall is in use  People will not use the Low Road junction onto the A595 to turn right  A new roundabout should be considered  The footpath through the parish hall would lead to pedestrians using church lane which has no pavements or verges  The amended transport documents do not reflect the experiences of local residents and are contrary to the findings of the speed survey

School

 The school is already oversubscribed  Safety of children going to school  Concerns with the expansion of the school  Already existing issues with parking at the school  Concerns that children would have to be bussed to other schools

Size/Scale/Design

 The density is at least double of the adjoining area (against S2 and DM14)  Visual implications of a development of this scale  The application would increase the size of the village by 18.6%  The site is on higher ground and will dominate the skyline from the west creating a view totally out of character with the village  Insufficient open space  Generic Story design

Policy

 Greenfield outside the village boundary  Lack of accessible housing  The whole annual requirement would be filled by this one application  The proposal is contrary to Policy S6d which allows for 30 houses in Wigton per year  The application is inconsistent with the spatial strategy and growth section of the local plan  Question the designation as being a local service centre as there is no shop  Would not comply with the following policies S1,S2,S3, S4,S5,S6, S7, S19, S22, S29 S32, DM14, DM16

Landscape

 Detrimental effect on visual amenity  The houses would not be in keeping with other houses within the village  Impacts on listed buildings  The landscape and visual impact report omits the most significant views i.e. from the properties on Matty Lonning

Noise

 The noise report is inaccurate and lacking details  Monitoring undertaken on periods of relative calm  The survey heavily relies on desktop data  Noise from road traffic  Noise from construction traffic  An independent survey should be undertaken

Turbine

 Shadow Flicker  Noise  Vibration  The development would be within 800m of the turbine

Flooding/drainage

 Potential increase in flooding  The storage pond capacity seems inadequate  The field has flooded in the past  Can the sewage works take the capacity generated from the development  Matty Beck passes through many residential properties within the village

Amenity

 Detrimental effect on residential amenity of existing properties  Loss of privacy  Overlooking  Un-neighbourly form of development  Loss of open aspect from adjacent dwellings

Village amenities

 No shop  No post office  No medical centre  No employment within the village  The site is not within easy walking distance from main village services

Application details

 Wrong road names being used  Many of the reports are desk based only  The speed survey does not show how traffic speed was measured and if the equipment was properly calibrated  Some of the reports are incorrect and contain errors

Other

 Change in nature from agricultural to urban  The development is not wanted by the villagers of Thursby  The verge has been used for over 20 years as a footpath it is possible statutory rights now exist  This seems to be phase 1 of a larger development  Bats use the gardens on the west of Matty Lonning  Red squirrels have been occasional visitors  The application is silent on operational conditions  The development does not answer any local need  Loss of agricultural land  Hundreds of houses are being developed within the immediate locality  The application should consider developer contributions such as, allotments could be provided on land not used for housing, flood lighting to playing field, new access road to playing field, additional car parking for the village  Thursby Parish Hall committee do not wish to object to the proposal; however, would like to highlight concerns with the expected increase in usage of Matty Lonning and a potential for increased danger if traffic increases.  A representation from Councillor Fairbairn has been received which highlights concerns in relation to highways issues outlined above.  The footpath along Low road into Matty lonning appears to terminate on land which forms part of their garden, would seek assurances it would terminate outside their land a barrier should be erected to stop people using their garden as a route to the parish hall, the church and public house, would require maintenance of the barrier and maintenance of the footpath.  The parish council have dismissed a footpath from the development into the grounds of the parish hall as the car park is in regular use. There is no safe route through the site and could increase security issues for the parish hall.  Amended documents are not clear as to what has been amended

7 letters have been received that neither object nor support the development.

Main Issues:

Principle and scale of the Development

Policy S5 of the Allerdale Local Plan Part 1 (ALPP1) states that new development will be concentrated within the physical limits of Principle, Key and Local Service Centres LSC. The proposed development site lies outside of, but directly adjacent to, the defined settlement limit for Thursby. Notwithstanding the recent adoption of the ALPP1 and the spatial strategy contained therein, the defined limits for individual settlements continue to be derived from the Allerdale Local Plan 1999. The LPA is currently in the process of reviewing settlement limits as part of the site allocations process but this development plan document, Allerdale Local Plan Part 2, is some way from adoption.

Taking into account the age of the current defined settlement limits and also principles of sustainable development set out within the National Planning Policy Framework (NPPF), officers consider that an element of flexibility must be applied when considering proposals for development that lie outside of them. This is a principle that has been accepted by the Development Panel in considering proposals elsewhere in the borough. Given the proximity and relationship of the site to the current defined settlement officers consider the principle of residential development to be acceptable at this location.

Policy S3 states that LSCs are generally larger villages with a limited range of services and would accommodate a smaller scale of housing development that would contribute towards maintaining the vitality of the settlement. LSCs will receive up to 20% of the housing growth within the borough. Further detail as to the level of development to be provided within each of the settlements within this level of the settlement hierarchy will be provided within the Local Plan (Part 2); however, the issues and options paper published for consultation in July 2014 envisaged an indicative future housing requirement of 88 dwellings.

The village of Thursby is within the Wigton locality Area Base S6d within the local plan, the village is identified as one of two LSCs serving the area, with Wigton being the Key Service Centre for the area.

A number of objectors have commented that the village should not be labelled a LSC as the village no longer has any shop facilities. Even without the provision of a shop there are sufficient facilities within the village to identify Thursby as a LSC. The scale of the proposal is considered to be acceptable to maintain a sustained growth within the LSC and is consistent with the aims of the spatial strategy set out in the Allerdale Local Plan (Part 1).

The Council published its most recent five year housing land supply statement within the Annual Monitoring Report 2014-15, May 2016, which shows the position of the Authority as of 31st March 2015. This demonstrates that, taking into account existing commitments, sites under construction, previous allocations and projected windfall sites, Allerdale Borough Council has a 5.4 year housing supply. However, for the next five years, the annual target increases to 389 to reflect the 20% buffer, as required by the National Planning Policy Framework, and the cumulative shortfall of 283.

As the LPA are able to demonstrate a five year supply of deliverable housing sites the policies for the supply of housing contained within the ALPP1 are to be considered up-to- date, in accordance with paragraph 49 of NPPF. The policy framework for the supply of housing within the plan area is set out in the spatial strategy, contained within Policy S3. This policy identifies that Local Service Centres in combination will receive 20% of the overall housing growth within the plan area.

Therefore overall, notwithstanding the fact that the site lies outside of the settlement limit for Thursby officers consider the principle of residential development at this location to be acceptable. The site lies directly adjacent to the saved settlement limit and therefore, can be considered both well related and sustainable. The scale of development proposed, approximately 69 dwellings, is large; however, it is not considered to be disproportionate to the size of the village nor its role as a LSC. Taking into account that there have been no recent larger scale developments within Thursby and other LSC, the proposed development would not result in the housing supply target for LCS being exceeded.

It is therefore considered to be compliant with the provisions of Policies S2, S3 and S5 of the Allerdale Local Plan (Part 1).

Highways and Transport

The site would be accessed off Low Road which connects the village from the A595 to the west. To the east of the site is Matty Lonning which is a restricted access road which serves the church parish hall and a number of residential properties; there would be no direct vehicular access onto Matty Lonning from the proposed site. It is anticipated that the site would be accessed by either from the direction of Thursby village or the junction to the west of the site onto the A595.

The speed limit on Low Road is 60mph and there are no street lights and formal footways; the grass verge fronting the site is informally used as a footpath which was evident from the officer’s site visit. A new link located in the south eastern corner would provide a pedestrian route from the site and would connect with existing footways on Matty Lonning and Low Road.

There are two large laybys off Low Road on the opposite side to the site which would not be affected by the proposal. There are also a number of public rights of way within the vicinity of the site; however, none of these routes would be affected by the proposal. The application is accompanied by a transport statement and a travel plan which has been produced in consultation with Cumbria County Council. A speed survey has also been carried out which indicates that a suitable and safe access can be achieved. The highways authority has reviewed the speed survey results and transport report and has indicated that there is no need to reduce the speed limit to 30mph on this stretch of road.

The applicants transport consultants have discussed the location of the access with highways officers to help prevent Matty Lonning becoming a “rat run” by residents of the proposed development. The access has been located to the western part of the site in order to encourage the use of the junction off Low Road with the A595. Thursby has a number of accesses available and although these may be busy at peak times the further development within the village would not be considered to add significantly to these junctions and they would operate within their capacity.

The breakdown of the parking arrangements for the development would be the provision of parking for nine two bed units at 2 spaces and sixty, three and four bed units at 2.5 spaces per dwelling. The garages within the site have excluded from the calculations apart from the double width garages which have been counted as a single space. There are a number of opportunities for on street parking and 7 dedicated visitor spaces would be provided.

A total of 168 parking spaces would be provided in the form of off street parking including garages and driveways with further dedicated visitor parking within the estate. Officers consider that the development provides sufficient parking spaces for the number and size of residential properties within the site. The size of the parking spaces accords with Cumbria parking guidelines. A condition to remove permitted development rights for the conversion of garages is considered appropriate to ensure the loss of parking would not displace parking onto the highway. The Transport statement indicates that the village is served by a number of bus services which link the village with larges settlements such as Wigton and Carlisle where a large range of services can be accessed. The bus stops within the centre of the village which is some 600m from the proposed site and would be accessible along existing surfaced footpaths. Train stations can also be found at Carlisle, Wigton and Dalston.

The school can be accessed by foot along existing footways.

Many of the representations including the Parish Council have raised concerns with the use of Matty Lonning by occupiers of the proposed development. The local planning authority is unable to directly control the use of Matty Lonning but as highlighted by the highways response, the use of Matty Lonning is currently restricted access which can be enforced through appropriate processes.

Many of the objectors have highlighted the number of accidents on the local road network particularly the A595 and A596. The transport assessment highlights a number of accidents within the locality; however, it concludes that the area does not have an unduly poor safety record given the volumes of traffic currently using the road networks. The highways authority has not raised any concerns in relation to the proposal increasing the accident risks to the local road network. Officers consider that the development would provide a safe environment for existing pedestrians and with the extension of the footway along Low Road would provide a safe environment for the proposed estate to link into existing routes.

Objectors highlight the dangers of the A595 and alterations to prevent right turns to Dalston have been introduced to prevent accidents. Officers highlight that the site can be accessed from a number of locations within the village providing a number of safe access and egress points for different turns and consider that drivers would take the safest route to avoid conflict.

A footpath has been provided to the north eastern section of the site to link the development with the Parish Hall. A number of objections have been received and the parish council have indicated that they object to the route on the grounds of safety and security of the site. Although the highways authority initially indicated that a pedestrian link should be made to the parish hall, officers did not consider that if the link was not provided it would be sufficient to warrant refusal of the application. The highway authority have since accepted that such a link at this location albeit preferable would not be essential in terms of highway safety and therefore would not comply with the tests relating to planning conditions.

The highways authority has recommended a condition for the provision of a site compound for construction phase of the development. Officers are aware that a separate planning application 2/2016/0416 has been submitted adjacent to the western site boundary for the construction of a compound, plus an application for advertisements. These do not form part of the current application and will be assessed on their individual planning merits. However in the context of the current application, it is considered appropriate to impose a condition to ensure a satisfactory compound can be safeguarded and minimise any potential disturbance to the amenity of residents.

The highways authority is of the opinion that a satisfactory scheme can be achieved subject to conditions in relation to the design and layout of the development. Officers conclude that the proposed development would not have significant adverse impact on the local highway network and therefore is compliant with the provisions of Policies S2, S5 and S22 of the Allerdale Local Plan (Part 1).

Flood Risk and Drainage

The application is accompanied by a ‘Flood Risk Assessment and Drainage Strategy’ which evaluates the potential for flood risk either affecting the proposed development or existing land and buildings. Due to the development site occupying an area greater than 1ha, a Flood Risk Assessment is required. The FRA confirms that the site is within Flood Zone 1 and is therefore at the lowest risk of flooding.

The site is considered adequate to provide individual soakaways in the south part of the site. The soakaways would accommodate surface water runoff from roof areas and private drives.

Due to ground conditions, in line with the recommended hierarchy for the disposal of surface water, discharge from the northern part of the site and highways shall be to a new attenuation pond in turn discharging to Matty Beck. Existing greenfield run-off rates would be maintained within the proposed system. The foul drainage is proposed to be disposed via connection to the existing main sewers.

It is not anticipated that the site would increase the flood risk elsewhere within the village.

United Utilities and the Local Lead Flood Authority have considered the proposal and do not object to the development of the site with the drainage controlled through the imposition of planning conditions and the maintenance arrangements of the attenuation pond are secured.

Impact community infrastructure

Cumbria County Council (CCC) is the local education authority and has considered the proposed development in the context of its impact on the infrastructure associated with these services. Thursby is served by a primary school with the nearest secondary school located at Dalston.

CCC has estimated that there the development would yield 17 primary and 12 secondary school places. Currently the primary school has a capacity for only 9 of the 17 places and therefore the development has necessitated the need for a new classroom to accommodate the anticipated increase in pupils. Therefore an education contribution of £223,791 is sought to provide a further classroom.

CCC has indicated that a 5 year contribution is required for secondary school transport at £71,250.

The applicant has agreed to the total required education contribution of £295,221 and has agreed its inclusion within the Section 106 agreement.

Affordable Dwellings

Policy S8 requires 25% affordable housing for developments outside of Key Service Centres. The tenure split should be 75% social rented and 25% intermediate affordable units.

The applicant has confirmed they are committed to delivering 17 dwellings which would be proportional to 25% of the dwellings being affordable housing; this will be secured via a planning obligation. The proposal is considered to comply with policy S8. A draft s106 document has been submitted by the applicant for consideration by the council. An update on this document will be provided at the Panel meeting.

Landscape and Visual

The site lies in landscape sub-type 5ab which is defined as Low Farmland as defined by the Cumbria Landscape Character Guidance and Toolkit. Key characteristics are:

 Undulating and rolling topography  Intensely farmed agricultural pasture dominates  Patchy areas of woodland provide contrast to the pasture  Woodland is uncommon west towards the coast  Fields are large and rectangular  Hedges, hedgerow trees and fences bound fields and criss-cross up and over the rolling landscape

The site would have a number of visual implications given its location on the periphery of the village on land at a higher level than the surrounding road networks; however, the plans provided show an acceptable form of development can be achieved in terms of the standard of housing for future occupiers, while not adversely affecting the residential amenity of neighbouring properties.

The topography of the land alters throughout the site and the section plans show that the development would not be overly dominant within the existing landscape.

The proposed housing has been set back from the curtilages of the existing dwellings which face onto Matty Lonning to aid in reducing the impact of the proposed development on the existing houses.

Additional landscaping would be provided to aid screening of the development from the A595 in the form of a kest which would be planted with native species hedging. The kest would be located along the western boundary and would aid in the screening of the perimeter acoustic fencing which runs the length of the boundary. It is recommended that this be secured as early as possible during the development to enable it to become established and provide a softening screen to the length and mass of the noise mitigation fence (as outlined in condition 17)

Officers conclude that the proposed development would not have a significant adverse impact on the visual landscape and amenity and therefore is compliant with the provisions of Policy S32 and S33 of the Allerdale Local Plan (Part 1).

Provision of Open Space

The applicant is proposing an area of public open space located centrally within the site in line with the Councils draft SPD, the area would not be equipped as initial discussions indicated the need to upgrade facilities within the village. This provision of children’s play equipment would be by way of a commuted sum (£13,427) for the provision of offsite play equipment to enhance existing facilities within the village. This would be secured via a Section 106 agreement with nature of the upgrade and the types of equipment to be installed deferred to Allerdale Borough Council, who would undertake a community consultation.

Design and Appearance

Thursby has a mix of both modern and traditional designs of dwellings within the village and a number of modern style housing estates. Various materials can be found within the immediate locality. The proposed external materials would be a mix of brick, render and stonework and the exact types and colour can be secured by condition. The architecture of the development is broadly derived from the standard house types of the developer that are utilised on a cross-regional basis. However some of the units have been adapted to incorporate bespoke external detailing. These units would incorporate detailing such as stone and render elevations.

The boundary treatments would be a mix of fencing and walls between plots and there would be a mix of open site frontages and low hedges to the front boundaries which would be acceptable in terms of screening and the appearance of the site.

Amenity

The eastern part of the site backs onto existing residential development which in part has hedging and trees to the boundary in most parts. The new dwellings have been set back off the existing boundary providing large rear curtilage areas. Considering the rear façade of the existing dwellings are set 16m from the site boundary officers are of the opinion that there would not be a significant loss in amenity to the existing dwellings adjoining the site.

Wind Turbine

Policy S19 in the adopted local plan concerns for renewable energy development which normally seeks an 800 m buffer between residential properties and wind turbines. However it is highlighted within the policy that site specific factors e.g. orientation of views, landcover and topography may make this threshold variable if there is evidence to demonstrate there will be no adverse impact on residential amenity. This proposal’s landuse alternatively relates to a different type of development, but the amenity principles within Policy S19 albeit in reverse are applicable under Policy S32.

Guidance outlines that only properties within 10 rotor diameters distance from any turbine may experience any potentially significant impacts of shadow flicker. This threshold has been applied in appeals for wind turbine development. The new dwellings would be within 422m of an existing wind turbine located at Howend Farm Thursby which is to the south west. Approximately 10 of the dwellings would be within 10 rotor diameters of the site. The applicant has submitted a shadow flicker assessment which demonstrates that there is likely to be less than 10 hours per year to the affected properties which is considered within acceptable limits for this type of disturbance. It is considered that the potential incidents of shadow flicker would not warrant refusal of the application.

None of the properties in the estate layout have been orientated to have direct views of the turbine. It is therefore considered that none of the proposed residential units would experience any overbearing impact from the presence of the turbine which would result in them being an unacceptable place to live; also future occupiers will be aware of the turbine on visiting the site, giving them an informed judgement of the potential implications associated with the turbine. The site of the estate is well outside the topple zone of the turbine with Low Road traversing through the intervening segregating strip of land.

Noise

The applicant has undertaken a noise assessment in relation to the noise from the nearby wind turbine and road traffic.

The noise assessment has examined the living conditions of potential occupants of the proposed dwellings; the nearest dwelling within the site would be 420m to the north east of the turbine location and 110m from the A595.

The assessment indicates that the site is suitable for residential development subject to appropriate mitigation measures regarding sound insulation of the building. Externally the dwellings would not exceed the upper threshold recommended limits set out within BS8233 and WHO.

In terms of noise generated from the turbine assessed against ETSU-R97 background threshold criteria, it is not anticipated that the development would exceed the upper threshold of 40dBA during the daytime or 43dBA during the night time.

The Council has undertaken a peer assessment of the noise report and the environmental health department have indicated that they are satisfied with the noise data as updated, road traffic noise assessment and the Wind Turbine noise modelling in connection with the Howend Farm turbine site. They recommend that the provision of acoustic fencing should be provided to meet internal noise requirements.(condition 16)

Ecology

The application is accompanied by an Extended Phase 1 Habitat Survey which is based on data obtained from the Cumbria Biodiversity Data Centre (CBDC) and two field surveys commissioned by the applicant.

The report highlights that the site is not located within any international or domestically designated sites with the nearest locally designated site being Baldwinholme Meadows and woodland county wildlife site some 1.9km to the north east of the site. Officers are satisfied that no designated sites are affected by the development.

The site contains improved grassland bound by a species poor hedge and a small watercourse to the north beyond the site boundary. The data search has not identified any legally protected species. Bat species have been recorded within the area however that are no features within the site that would accommodate bats. Any potential roosts within trees adjoining the site would not be disturbed by the proposal. Although there is potential for foraging and commuting via existing hedgerows it is considered to be of low quality and not significant bearing in mind the existing hedgerow to the site frontage will be retained.

As there were no bats recorded roosting within the site, potential disturbance to roosting bats from construction activities are considered to be not significant. Whilst construction works would involve the removal of sections of species-poor hedgerow, it is not considered to significantly affect foraging routes.

No otters or badgers have been identified within the site; however, there is the potential for these animals to pass through the area. Given that the site would only be used as a commuting route the development is not considered to pose an unacceptable risk on these protected species. Heritage and Archaeology

The county archaeologist has highlighted that the site lies in a potential with the remains of prehistoric farmsteads and a Roman road located nearby. The geophysical assessment of the site has highlighted a number of features of potential archaeological interest that may be of local significance. The County Archaeologist has recommended that further archaeological investigations and recording should be undertaken prior to the commencement of development.

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

The council therefore has a duty to have a special regard on developments which may affect the character or setting of the listed building.

There are a number of Grade II listed buildings within the village the nearest of which is listed as “Rosedene and adjoining house, Matty Lonning”. The property is located 82m from the site boundary and given the intervening properties it is considered that the development would not have a detrimental effect on its setting or other listed properties within the locality. This development is considered not to have a significant impact upon the setting of the listed building given the design and proposed materials.

The development is not considered to have any significant effects on the historic environment.

Local Financial Considerations

Having regard to S70 (2) of the Town and Country Planning Act 1990 (as amended) the proposal would attract ‘New Homes Bonus’ and future council tax receipts. The S106 will also require financial contributions in relation to the education and open space contributions and travel plan to the paid by the developer and affordable units on site.

Conclusion

The proposed development represents a large extension to the existing village of Thursby and has generated significant levels of objection, mainly from residents of the village, based upon concerns primarily relating to the scale, noise, its impact upon the landscape, services within the village and the highway network. These concerns are acknowledged and have been addressed within the consideration of the application.

On balance, officer consider that in balancing and weighing up all the considerations, the proposal constitutes a sustainable form of development that would incur limited environmental landscape, highways and infrastructure impacts whilst delivering significant affordable housing in a location where there is an identified need. On this basis the proposal is recommended for approval subject to the s106 criteria. Annex 1

Conditions/Reasons

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: In order to comply with Section 91 of the Town and Country Planning Act 1990.

2. The development hereby permitted shall be carried out solely in accordance with the following plans: 15-060-LP01 - Site location plan SL146.90.9.SL.GA Rev B - Proposed general arrangement - - Amended plan received 9 May 2016 1084-F03 - Visibility - Amended plan received 14 April 2016 1084-F01 Rev B - Proposed site access arrangement - Amended plan received 14 April 2016 6287/01 Rev B - Drainage Layout- Amended plan received 3 June 2016 6287/07 Rev B - External Works Layout- Amended plan received 3 June 2016 6287/ 08 Rev B - Site Sections- Amended plan received 3 June 2016 SL146.90.9.SL.PL - Proposed Layout - Amended plan received 3 June 2016 SL146.90.9.SL.BT - Proposed boundary treatment - Amended plan received 3 June 2016 BD - 03 Rev A - Fencing Details - Amended plan received 3 June 2016 BD - 15 - Wall Details - Amended plan received 3 June 2016 BD - 45 - Acoustic Fence Details - Amended plan received 3 June 2016 2307 101 Rev B - Landscaping plan - Amended plan received 3 June 2016 TY-BS-001 - Tree site report, appraisal and plans TY-TCP-001 - Tree Constraints plan I&BPB5642R001D01 Rev 01 - Noise Assessment - Amended plan received 4 July 2016 6287FRA - Flood risk Assessment dated 27 January 2016 SG1-EPS1 A - Proposed elevations, floor plan & section1 of proposed detached garage SL146.90.9.SL.ET Rev A - Proposed Elevation Treatment - Amended plan received 3 June 2016 BAL-PLE1/1 - Proposed elevations ( House type Balmoral) BAL-PLE1/2 - Proposed elevations (House type Balmoral) BAL-PLP1 - Proposed floor plans (House type Balmoral) BOS-PLE1/6 - Proposed elevations (House type the Boston) BOS-PLE1/1 - Proposed elevations (House type Boston) BOS-PLP1 - Proposed floor plans (House type Boston) ROW-PLP1 - Proposed floor plans (House type Rowan) ROW-PLE1/2 - Proposed elevations (House type Rowan) SAL-PLP1 - Proposed floor plans (House type Salisbury) SAL-PLE1/12 - Proposed elevations (House type Salisbury) EPS-PLP1 - Proposed floor plans 9 (House type Epsom) EPS-PLE1/4 - Proposed elevations (House type Epsom) GRA-PLP1 - Proposed floor plans (House type Grantham GRA-PLE1/9 - Proposed elevations (House type Grantham) HAS-PLP1 - Proposed floor plans (House type Hastings) HAS-PLE1/1 - Proposed elevations (House type Hasting) HAW-PLP2 - Proposed floor plans (House type Hawthorn) HAW-PLE2/2 - Proposed elevations (House type Hawthorn) MAY-PLP1 - Proposed floor plans (House type Mayfair) MAY-PLE1/9 - Proposed elevations (House type Mayfair) WAR-PLP1 - Proposed floor plans (House type Warwick) WAR-PLE1/4 - Proposed elevations (House type Warwick) WAR-PLE1/7 - Proposed elevations (House type Warwick) WEL-PLP1 - Proposed plans (House type Wellington) WEL-PLE1/1 - Proposed elevations (House type Wellington) WEL-PLE1/3 - Proposed elevations (House type Wellington) TAU-PLE1/12 - Proposed elevations (House type Taunton) - Amended plan received 3 June 2016 TAU-PLE1/6 - Proposed elevations (House type Taunton) - Amended plan received 3 June 2016 TAU-PLP1 - Proposed floor plans (House type Taunton) - Amended plan received 3 June 2016 BAN-PLP1 - Proposed floor plans - (House type Banbury) - Amended plan received 3 June 2016 BAN-PLE1/1 - Proposed elevations (House type Banbury) - Amended plan received 3 June 2016 Reason: In order to ensure that the development is carried out in complete accordance with the approved plans and any material and non-material alterations to the scheme are properly considered.

3. No part of the development hereby permitted shall be constructed above ground level until details of all external and roofing materials have been submitted to and approved by the Local Planning Authority. Only the materials so approved shall be used in the development as approved. Reason: To ensure a satisfactory standard of development for the external appearance of the approved scheme which is compatible with the character of the surrounding area, in compliance with the National Planning Policy Framework and Policy DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.

4. No part of the development hereby permitted shall be constructed above ground level until details of the treatment and finishes of all surfaces within the site have been submitted to and approved by the Local Planning Authority. The details so approved shall be completed prior to the use of the development hereby approved being occupied and shall be retained at all times thereafter. Reason: In order to ensure a satisfactory standard of development for the external appearance of the approved scheme in relation to its surroundings, in compliance with the National Planning Policy Framework and Policy DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.

5. The carriageway, footways and footpaths shall be designed, 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 part of the development hereby permitted is commenced. 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 within the approved development in the interests of highway safety.

6. The development shall not commence until visibility splays providing clear visibility of 2.4 metres by 160 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 provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order) relating to permitted development, no structure or object of any kind shall be erected or placed and no trees, bushes or other plants shall be planted or be permitted to grow within the visibility splays which exceed 1 metre in height and obstruct the visibility splays. The visibility splays shall be constructed before general development of the site commences so that construction traffic is safeguarded. Reason: To ensure a satisfactory means of access for the development during the construction and operational use of the site, in compliance with the National Planning Policy Framework and Policy S2 of the Allerdale Local Plan (Part 1), Adopted July 2014.

7. Each dwelling hereby approved shall not be occupied until its respective vehicular access, parking and turning requirements have been constructed in accordance with the approved plan and have been brought into use. The vehicular access, parking and turning provisions shall be retained and capable of use at all times thereafter and shall not be removed or altered without the prior consent of the Local Planning Authority. Reason: To ensure a minimum standard of access, parking and turning provision when the development is brought into use.

8. The proposed garaging facilities hereby approved shall at all times be retained for the parking of motor vehicles and shall not be used for or converted into habitable residential living accommodation without the written consent of the Local Planning Authority. Reason: To ensure the provision of satisfactory vehicular parking facilities within the application site, in compliance with the National Planning Policy Framework and Policy S22 of the Allerdale Local Plan (Part 1), Adopted July 2014.

9. No development shall take place until a Construction and Demolition Method Statement has been submitted to and approved in writing by the Local Planning Authority. The statement shall include the following: (a) Traffic Management Plan to include all traffic associated with the development, including site and staff traffic, off site parking, turning and compound areas; (b) Procedure to monitor and mitigate noise and vibration from the construction and demolition and to monitor any properties at risk of damage from vibration, as well as taking into account noise from vehicles, deliveries. All measurements should make reference to BS7445. (c) Mitigation measures to reduce adverse impacts on residential properties from construction compounds including visual impact, noise, and light pollution. (d) A written procedure for dealing with complaints regarding the construction or demolition; (e) Measures to control the emissions of dust and dirt during construction and demolition (including any wheel washing facilities); (f) Programme of work for Demolition and Construction phase; (g) Hours of working and deliveries; (h) Details of lighting to be used on site. (i) Highway signage / Haulage routes The approved statement shall be adhered to throughout the duration of the development. Reason: In the interests of safeguarding the amenity of the occupiers of neighbouring properties during the construction works of the development hereby approved and in the interests of highway safety , in compliance with the National Planning Policy Framework and Policy S32 of the Allerdale Local Plan (Part 1), Adopted July 2014 and in the interests of highway safety.

10.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 in writing by the Local Planning Authority. The written scheme of investigation will include the following components: a) An archaeological evaluation; b) An archaeological recording programme, the scope of which will be dependant upon the results of the evaluation. Reason: To afford reasonable opportunity (prior to the excavation/disturbance of the site and any loss/damage to any potential important remains) for an examination to be made to determine the existence of any remains of archaeological interest within the site and for the examination and recording of such remains.

11.Where the results of the programme of archaeological work referred to in Condition 10 make it appropriate, there shall be carried out within two years of the completion of that programme on site, or within such timescale as otherwise agreed in writing by the Local Planning Authority: a) An archaeological post-excavation assessment and analysis; b) The preparation of a site archive ready for deposition at a store; c) The completion of an archive report; and d) The preparation and submission of a report of the results for publication in a suitable specialist journal. Reason: To ensure that a permanent and accessible record by the public is made of the archaeological remains that have been disturbed by the development.

12.The drainage for the development hereby approved, shall be carried out in accordance with principles set out in the submitted Flood Risk Assessment, Ref No.6287FRA, dated January 2016 which was prepared by Coopers Chartered Consulting Engineers LTD. No surface water will be permitted to drain directly or indirectly into the public sewer. Any variation to the discharge of foul drainage shall be agreed in writing by the Local Planning Authority prior to the commencement of the development. The development shall be not occupied until the drainage scheme has been fully constructed in accordance with the approved details. Reason: To ensure a satisfactory means of surface water drainage and minimise the risk of flooding from the development, in compliance with the National Planning Policy Framework and Policies S29 and S2 of the Allerdale Local Plan (Part 1), Adopted July 2014.

13.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 designed to do so, flooding will not occur to any building in a 1 in 100 year event plus 30 % to account for climate change, and where reasonably possible flows resulting from rainfall in excess of a 1 in 100 year 6 hour rainfall event are managed in conveyance routes (plans of flow routes etc) have been agreed in writing with the local planning authority. The approved surface water drainage details shall be fully implemented prior to the occupation of any dwelling on the site. Reason: To manage flood risk within the development that results from surface water to minimise the risk to people and property.

14.Prior to the occupation of development details of how the approved surface water drainage scheme shall be operated, maintained and managed after implementation shall be submitted to and approved in writing by the Local Planning Authority. The sustainable drainage management and maintenance plan shall include as a minimum:

a. The arrangements for adoption by an appropriate public body or statutory undertaker, or, management and maintenance by a Resident's Management Company; b. Ongoing inspections relating to performance and asset condition assessments, regular maintenance, remedial woks and irregular maintenance caused by less sustainable limited life assets or any other arrangements to secure the operation of the surface water drainage scheme throughout its lifetime. The development shall be completed, maintained and managed in accordance with the approved details. Reason: To ensure a satisfactory means of surface water drainage and minimise the risk of flooding from the development, in compliance with the National Planning Policy Framework and Policies S29 and S2 of the Allerdale Local Plan (Part 1), Adopted July 2014.

15.Prior to the first occupation of any dwelling details of a management programme for all areas of public open space and communal parking areas shall be submitted to and approved by the Local Planning Authority. The public open spaces and communal parking areas shall upon implementation of the permission be thereafter maintained in accordance with the approved management programme. Reason: To ensure the satisfactory provision of open space in accordance with the National Planning Policy Framework and Policies S2, S4, S24, S25, S26 and DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.

16.No part of the development hereby permitted shall be constructed above ground level until details until full details of all mitigation measures as recommended in the noise assessment I&BPB5642R001D01 - Rev 01 - Section 6 have been submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented prior to the occupation of any dwelling at the site and permanently maintained at all times thereafter. Reason: In order to protect the amenity of the occupiers of the dwelling in compliace with the National Planning Policy Framework and Policy S32 of the Allerdale Local Plan (Part 1), Adopted July 2014.

17.The approved landscaping kest and its hedgerow planting details on the western perimeter of the site within the approved landscaping scheme 2307 101 Rev B shall be fully impmented within the first planting season following the commencement of the development Any hedgerow plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with other similar size and species, unless otherwise agreed in writing by the Local Planning Authority. Reason: In order to enhance the appearance of the development and minimise the impact of the development in the locality.

18.Excluding the details under condition 17, all other planting, seeding or turfing comprised within the approved landscaping scheme 2307 101 Rev B shall be carried out in the first planting season following completion of the development and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with other similar size and species, unless otherwise agreed in writing by the Local Planning Authority. Reason: In order to enhance the appearance of the development and minimise the impact of the development in the locality.

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 immediately to the Local Planning Authority. Development on the part of the site affected must be halted and a risk assessment carried out and submitted to and approved in writing by the Local Planning Authority. Where unacceptable risks are found remediation and verification schemes shall be submitted to and approved in writing by the Local Planning Authority. These shall be implemented prior to the development (or relevant phase of development) being brought into use. All works shall be undertaken in accordance with current UK guidance, particularly CLR11. Reason: To minimise any risk arising from any possible contamination from the development to the local environment in compliance with the National Planning Policy Framework and Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014.

20.Prior to the first occupation of any dwelling details of a programme for the implementation of the communal parking areas shall be submitted to and approved by the Local Planning Authority. The communal parking areas shall be implemented in accordance with the the approved programme. Reason – In the intersts of highway safety

Proactive Statement

The Local Planning Authority has acted positively and proactively in determining this application by identifying planning policies, constraints, stakeholder representations and matters of concern within the application (as originally submitted) and where appropriate negotiating, with the Applicant, acceptable amendments and solutions to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.