Borough of Barrow-In-Furness s3

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Borough of Barrow-In-Furness s3

PLANNING COMMITTEE

Meeting: Tuesday 19th May, 2015 at 2.30 p.m. (Drawing Room)

PRESENT:- Councillors M. A. Thomson (Chair), C. Thomson (Vice-Chair), Bleasdale, Derbyshire, Gawne, Husband, Johnston, McLeavy, Murphy, Sweeney and Thurlow.

Officers Present:- Charles Wilton (Principal Planning Officer), Helen Watkin (Senior Technical Administrator), Matthew Tranter (Apprentice) and Sharron Rushton (Democratic Services Officer).

1 – Apologies for Absence/Attendance of Substitute Members

Apologies for absence were received from Councillor McEwan.

Councillor Sweeney had substituted for Councillor McEwan for this meeting only.

2 – Minutes

The Minutes of the meeting held on 28th April, 2015 were taken as read and confirmed.

3 – Appointments on Outside Bodies, Panels, Working Groups etc.

At the Council on 18th May, 2015 delegated authority had been given to Committees to make appointments to Outside Bodies, Forums (excluding Housing Management Forum) Panels, Working Groups etc. in accordance with the number and allocation of seats to political groups agreed at the Meeting. In the case of the Planning Committee, this involved appointments to the Planning Panel.

It was noted that the Membership of the Planning Panel for 2014/15 had been the Chairman (Councillor M. A. Thomson), Vice-Chairman (Councillor C. Thomson) and Councillors Husband, Murray and R. McClure – 5 seats (4 Labour: 1 Conservative).

RESOLVED:- To agree that the following Members be appointed to serve on the Planning Panel for 2015/16:-

Councillors M. A. Thomson (Chairman), C. Thomson (Vice-Chairman) and Councillors Husband, Murray and McLeavy.

4 – 8 School Street, Barrow in Furness – Unauthorised replacement of ground floor wooden sash windows with UPVC windows

The Development Services Manager submitted a report to inform Members that the ground floor sash windows at the above property had been replaced with upvc windows without Listed Building Consent being granted. The property was a mid-terraced house located on School Street, it was one of a terrace of Grade II Listed Buildings in the St Georges Conservation Area. A complaint had been received from the neighbour regarding the wooden sash windows on the ground floor at the front of the property being replaced with upvc windows. In 2011, Listed Building Consent was granted for the replacement of all windows except the front windows on the ground floor.

The owners of the neighbouring property, number 8, had previously appealed against the refusal of listed building consent for replacement of the ground floor wooden sash windows with upvc windows, which was dismissed in 2012.

The Enforcement Officer (EO) had written to the address on 6th January, 2015 and a chaser letter was sent on 19th February, 2015. No response was received and therefore a Land Registry search was carried out which established that the owner lived at an alternative address. Two further letters were sent to this address on 26th February, 2015 (no response) and 2nd April, 2015.

The appearance of the new upvc windows does not preserve the architectural and historic interest of the listed building and the ground floor windows contribute significantly to the interest of the building and changes to these have a proportionally greater effect than the replacement of upper floor windows. A photograph was attached to the report for information.

There had been no response to any of the letters and even if a retrospective application was received for Listed Building Consent, the recent appeal next door was a very significant material consideration. The Development Services Manager felt that enforcement action should now be taken to ensure the ground floor windows were replaced with more suitable timber windows in keeping with the listed building and its contribution to the Conservation Area.

RESOLVED:- To agree to authorise the Development Services Manager to take any legal action to secure the removal of the upvc units and their reinstatement with wooden windows.

5 – 182 Roose Road, Barrow-in-Furness, B14/2015/0100

The Development Services Manager submitted a report to inform Members that Planning Committee on 28th April, 2015 had resolved to grant planning permission for development at the former housing office in Roose Road. There were three components to the application; one, was a two storey extension to the side elevation, the second, a two storey extension to the front elevation, and the third the enclosure of the open forecourt. The report on the application provided a detailed description of each of these three components, and the issues arising from them.

However, a check of the records had revealed that the notification letter sent to neighbours together with the site notice only referred to the side extension. As a consequence the recipients of the letter may have been misled as to the extent of the development applied for. Similarly those who inspected the site notice. This was an unusual situation in part because the omission was only noticed after the decision to grant permission was taken by Committee. However the legal position was clear. The decision was only made when the decision was conveyed to the applicant. Given the omission the Development Services Manager took the unusual step of delaying the issue of the decision notice, re-notifying the neighbours and displaying an amended site notice. The period for response was reduced to 10 days.

The letters were issued on 30th April, 2015 such that the objection period extended beyond the production of the report and the issue of the agenda papers.

It was noted that no representations had been received and as such the decision to grant planning permission 28th April, 2015 had to be noted along with the updated description of the proposed development.

RESOLVED:- A) That the updated description be formally recorded in relation to Minute No. 518 of Planning Committee, 28th April, 2015 as follows:-

“The erection of a two storey extension to front elevation, a two storey extension to the side elevation and the enclosure of the open forecourt” and

B) That the decision to grant planning permission on the 28th April, 2015 be noted taking account of the updated description.

Town and Country Planning Acts

The Assistant Director of Regeneration and Built Environment submitted for information details of planning applications in this report which he had determined under delegated authority (Minute No. 254, Planning Committee, 3rd September, 2002, confirmed by Council 24th September, 2002). The decisions are reported for your information. The plans recommended for approval under the Town and Country Planning Acts will be subject to the standard conditions referred to in Minute No. 208 (April 1971) of the Plans Sub-Committee, Barrow-in-Furness, County Borough Council, in addition to any conditions indicated hereunder. Applications with a (P) beside the applicant’s name denotes those applications that were reported to the Planning Panel.

RESOLVED:- (i) To note the decisions made under the Town and Country Planning Act 1990 (as amended) as follows:-

6 2015/0183 Link building from garage to calving/lambing pen, providing under cover access and storage at Far Old Park Farm, Ireleth Brow, Ireleth, Askam-in-Furness.

7 2015/0187 Front porch and wc – resubmission of 2015/0091 at 6 Stainton Drive, Dalton-in-Furness.

8 2015/0186 Proposed front shower room and front porch – resubmission of 2015/0001 at 4 Stainton Drive, Dalton-in-Furness. 9 2015/0101 Permanent erection and positioning of a field shelter/stable with small storage sheds attached to each gable end on an existing area of hard core on paddock 3 and planting of hedgerow along the fence line to obscure view from A590 at Plot 3 Hawthwaite Lane, Barrow-in-Furness.

10 2015/0119 Side extension forming a kitchen, tv lounge, store/garage at 12 Keswick Avenue, Barrow-in-Furness.

11 2015/0176 Proposed new building for Ramsden Robins pre-school nursery within the grounds of Ramsden Infants School on land at Ramsden Infants School, Thwaite Street, Barrow-in-Furness.

12 2015/0138 Rear living room extension at Abbey Gate Cottage, Abbey Approach, Barrow-in-Furness.

13 2015/0139 Listed Building Consent for the removal of conservatory and erection of a rear living room extension at Abbey Gate Cottage, Abbey Approach, Barrow-in-Furness.

14 2015/0226 Application for a Lawful Development Certificate for a Proposed Use or Development (CLOPUD) for a rear conservatory at 1 Harewood Close, Barrow-in-Furness.

15 2015/0174 Two storey side extension forming ground floor living room and wc and first floor en-suite bedroom at 8 Sandringham Close, Barrow-in-Furness.

16 2015/0152 Proposed two storey side extension forming a lounge/kitchen extension on ground floor with a bedroom/bathroom and extend existing bathroom over at 10 Baysdale Close, Barrow-in- Furness.

17 2015/0145 Extension to dwelling to include a utility, toilet and garage on the ground floor and a bedroom with en-suite on the first floor. A further lounge extension and external decking at 3 Prospect Avenue, Barrow-in-Furness.

18 2015/0167 Erection of a rear single and two storey extension at 47 Friars Lane, Barrow-in-Furness.

19 2015/0115 Application for works to three beech trees numbered T7, T8 and T9 to include a 15% reduction, deadwood removed and any dangerous limbs subject of Tree Preservation Order 1980 No. 2 at 3 Mossfield, Leece Lane, Barrow-in-Furness.

20 2015/0129 Ground floor lounge, kitchen and bedroom with en-suite for proposed use as a granny flat annex at 144 Yarlside Road, Barrow-in-Furness. 21 2015/0006 Prior Approval (Larger Homes Extension) for a rear living area/kitchen extension (Length from rear wall of the original house 3.2 metres, height to the eaves 2.6 metres and height to highest point of the extension 3.55 metres) at 15 Eden Avenue, Barrow-in-Furness.

The following applications were withdrawn:-

22 2015/0201 Listed Building Consent for the erection of single storey with part element of a two storey extension with double pitched roofs to both at 4 Salthouse Road, Barrow-in-Furness.

23 2015/0202 Erection of single storey with part element of a two storey extension with double pitched roofs to both at 4 Salthouse Road, Barrow-in-Furness.

24 2014/0514 Outline application for the conversion of a traditional stone barn into three dwelling houses (appearance, landscaping, layout and scale reserved for subsequent approval) at Greenhills Farm, Greystone Lane, Dalton-in-Furness.

25 2015/0023 Residential development of 27 detached houses and garages, including associated site works at Thorncliffe School (south site) Thorncliffe Road, Barrow-in-Furness.

26 2015/0133 Front dormer extension and alterations to rear and side extensions at 26 Acorn Bank, Barrow-in-Furness.

(ii) To note the decisions made under the Building Act 1984/The Building Regulations 2010 as submitted by the Principal Building Control Surveyor.

Town and Country Planning Acts

The Assistant Director of Regeneration and Built Environment reported on the following planning applications:-

27 – 99 Chatsworth Street, Barrow-in-Furness

From Mr A. Wilson in respect of the removal of six derelict garages and create off street parking for six cars, add a 2.4 metre perimeter galvanised steel palisade fencing to match existing and move existing access position at 99 Chatsworth Street, Barrow-in-Furness as shown on plan number 2015/0132.

Representations received and the results of consultations were reported.

The Committee had undertaken a site visit prior to the meeting.

RESOLVED:- That planning permission be granted subject to the Standard Duration Limit and the following conditions:- 2. The development must be carried out in accordance with the plans (drawing numbers WAW 1834 1B, WAW1B3A, 4B, WAW 1834 6B, WAW 1834 2A WAW 1834 3A WAW 1834 A ) hereby approved as submitted with the application form dated 8/2/15.

Reason

To ensure that the development is carried out only as indicated on the drawings approved by the Planning Authority.

3. No development approved by this permission shall be commenced until details of the proposed hardstanding surface and a scheme for the disposal of surface water has been approved in writing by the Planning Authority. Such a scheme shall be constructed and completed in accordance with the approved plans prior to beneficial occupation of any part of the development, or in accordance with any phasing scheme subject to prior written agreement with the Planning Authority.

Reason

In order to ensure that the site is adequately drained and in order to control the potential for pollution of the water environment. It is a pre- commencement requirement as the nature of the outstanding details is essential to the construction method/phasing. Work carried out prior to agreement could well be abortive.

4. No floodlighting or other form of external lighting shall be installed unless it is in accordance with details that have previously been submitted to and approved in writing by the Planning Authority. Such details shall include location, height, type and direction of light sources and intensity of illumination. Any lighting, which is so installed, shall not thereafter be altered, other than for routine maintenance which does not change its details.

Reason

To minimise light pollution in accordance with policy D63 of the Barrow Local Plan Review 1996-2006, and in order to protect the residential amenities of the area.

5. No vehicles for sale shall be displayed on the parking area or forecourt in front of the fence hereby approved.

Reason

In order to protect the residential amenities of the area.

6. There shall be no external storage of scrap vehicles, refuse or other waste materials on the parking area or forecourt hereby approved, except within purpose built containers and no external storage of any other materials except within appropriately screened areas, details of which shall be subject to prior written agreement with the Planning Authority. The development shall thereafter be carried out in accordance with the approved details.

Reason

In the interests of the residential and visual amenities of the area.

28 – 10 Devonshire Road, Barrow-in-Furness

From Mr John Davies in respect of the alterations and extension to rear to form garden room and formation of a veranda/canopy roof to front elevation and extension to rear existing garage at 10 Devonshire Road, Barrow-in-Furness as shown on plan number 2015/0254.

Representations received were reported.

The Committee had undertaken a site visit prior to the meeting.

An objector attended the meeting and made representations to the Committee.

RESOLVED:- That planning permission be granted subject to the Standard Duration Limit and the following conditions:-

2. The development shall be carried out and completed in all respects in accordance with the hereby approved plans and drawings shown as 6089/01, 02, 03, 04 Rev A, 05 Rev A, 06 Rev A and defined by this permission, and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking or re-enacting that Order with or without modification), there shall be no variation without the prior written consent of the Planning Authority.

Reason

To ensure that the development is carried out only as indicated on the drawings approved by the Planning Authority.

3. The materials to be used in the construction of the external surfaces, including walls, roofs, doors, and windows, of the extension hereby permitted shall be of the same type, colour, and texture as those used in the existing building.

Reason

To ensure a satisfactory appearance to the development and to minimise its impact upon the surrounding area. 4. Notwithstanding the provisions of the Town and Country Planning (England) Order 2015 (or any Order revoking or re-enacting that Order with or without modifications) no opening of any kind shall be made in the southern elevation of the permitted extension without the prior written consent of the Planning Authority.

Reason

In order to protect the residential amenities of neighbouring properties from overlooking or perceived overlooking.

29 – Aldi, Risedale Road, Barrow-in-Furness

From Mr E. Moon, Aldi Stores Ltd c/o Signet Planning in respect of the extension to existing store at Aldi, Risedale Road, Barrow-in-Furness as shown on plan number 2015/0232.

Representations received and the results of consultations were reported.

RESOLVED:- That planning permission be granted subject to the Standard Duration Limit and the following conditions:-

2. The development must be carried out in accordance with the plans (drawing numbers 0283 – AL(0) 02 – AL (0) 09 inclusive) hereby approved as submitted with the application form dated 18.02.15.

Reason

To ensure that the development is carried out only as indicated on the drawings approved by the Planning Authority.

3. The materials to be used in the construction of the external surfaces, including walls, roofs, and doors of the extension hereby permitted shall be of the same type, colour, and texture as those used in the existing building.

Reason

To ensure a satisfactory appearance to the development, and to minimise its impact upon the surrounding area.

4. Noise from the plant equipment must not exceed Noise Rating Curve NR 30 in daytime hours (0700 - 2300) and HR 25 in night time hours (2300 - 0700) in any noise sensitive property.

Reason

In order to protect the amenities of nearby properties. 5. The extension shall be used for the sale of food with an ancillary range on non-food goods and for no other purpose (including any other purpose in Class A1 of the schedule to the Town and Country Planning (Use Classes) Order, 1987 as amended, or in any provision equivalent to that Class in any statutory instrument revoking or re-enacting that Order).

Reason

A general A1 use at this site would be unacceptable as it would undermine the viability and vitality of the town centre.

6. Any external lighting shall be positioned and adequately shielded so as to ensure that there is no adverse glare for local residents or users of adjacent highways.

Reason

To ensure that there is adequate control of environmental pollution.

7. Drainage must be on the separate system with all foul drainage connected to the foul sewers and only uncontaminated surface water connected to the surface water system.

Reason

In order to ensure that the site is adequately drained and in order to control the potential for pollution of the water environment.

30 – Furness Cars and Commercials Ltd, Paradise, Ireleth, Askam-in-Furness

From Mr Gary Grieve, Furness Cars and Commercials Ltd in respect of the erection of yard security fencing and gates plus installation of service door and laying of visitor parking hardstanding at Furness Cars and Commercials Ltd, Paradise, Ireleth, Askam-in-Furness as shown on plan number 2015/0116.

Representations received and the results of consultations were reported.

The Committee had undertaken a site visit prior to the meeting.

RESOLVED:- That planning permission be granted subject to the Standard Duration Limit and the following conditions:-

2. The development must be carried out in accordance with the plans (drawing numbers 16-02-15/1, 16-02-15/2, 16-02-15/3A, 16-02-15/4, 16- 02/15/5, 31/3/15.6 rev A) hereby approved as submitted with the application form dated 13/02/15. Reason

To ensure that the development is carried out only as indicated on the drawings approved by the Planning Authority.

3. No development approved by this permission shall be commenced until a scheme for the disposal of surface waters, incorporating the specified self draining hardstanding, has been approved in writing by the Planning Authority. Such a scheme shall be constructed and completed in accordance with the approved plans prior to beneficial occupation of any part of the development, or in accordance with any phasing scheme subject to prior written agreement with the Planning Authority.

Reason

In order to ensure that the site is adequately drained and in order to control the potential for pollution of the water environment. It is a pre- commencement requirement as the nature of the outstanding details is essential to the construction method/phasing. Work carried out prior to agreement could well be abortive.

4. Prior to the beneficial use of the parking spaces hereby approved, a landscape scheme for the site showing planting to be retained and details of new planting and details of any phasing of such a scheme must be submitted to and approved in writing by the Planning Authority. The scheme shall be submitted on a plan not greater that 1:500 in scale and shall contain details of numbers, locations and species of plants to be used. All planting and subsequent maintenance shall be to current British Standards. The approved scheme must subsequently be implemented by the end of the first planting season following initial beneficial occupation of the development or by such a programme as may be agreed in writing. Any trees or shrubs removed, dying, being severely damaged or becoming seriously diseased within five years of planting shall be replaced by the landowner with trees or shrubs of a similar size and species to those originally required to be planted.

Reason

In the interests of the visual amenities of the locality.

5. Drawing no. 16-02/15/2 relates only to the positioning of the security fences, not the indicated ‘visitor parking’ which has been superseded. The parking area hereby approved must be constructed in accordance with amended drawing no. 31/3/15.6 rev A.

Reason

For the avoidance of doubt and to ensure a satisfactory appearance to the development. 6. Prior to installation, details of the decorative screen gate annotated on drawing ref 31/3/15.6 rev A must be submitted to and approved in writing by the Planning Authority and subsequently installed in accordance with the agreed details.

Reason

To ensure a satisfactory appearance to the development, and to minimise its impact upon the surrounding area.

7. No damaged vehicles, scrap or other material shall be stored and no vehicles sales shall take place within the parking area hereby approved.

Reason

In the interests of the residential and visual amenities of the area.

8. The fence and gates must be as specified on drawing number 16-02- 15/3A and incorporating a manufacturer applied dark green colour.

Reason

To ensure a satisfactory appearance to the development, and to minimise its impact upon the surrounding area.

9. The roller shutter door must be of the same type and appearance as the existing doors in the west facing elevation.

Reason

To ensure a satisfactory appearance to the development, and to minimise its impact upon the surrounding area.

10. No floodlighting or other form of external lighting shall be installed unless it is in accordance with details that have previously been submitted to and approved in writing by the Planning Authority. Such details shall include location, height, type and direction of light sources and intensity of illumination. Any such lighting shall at all times be directed and shielded so as to minimise any light spillage outside of the application site, and shall not thereafter be altered, other than for routine maintenance which does not change its details, without the prior consent in writing of the Planning Authority.

Reason

To minimise light pollution in accordance with policy D63 of the Barrow Local Plan Review 1996-2006, and in order to protect the residential amenities of the area. 31 – Yarlside Stores, Yarlside Road, Barrow-in-Furness

From Mr Jamie Kemp in respect of an application for outline consent for the erection of a detached dwelling with landscaping and layout reserved for subsequent approval (resubmission of 2014/0391) at Yarlside Stores, Yarlside Road, Barrow-in- Furness as shown on plan number 2015/0195.

Representations received and the results of consultations were reported.

The Committee had undertaken a site visit prior to the meeting.

RESOLVED:- That planning permission be granted subject to the Standard Duration Limit and the following conditions:-

1. No development whatsoever shall take place until full details of the landscaping and layout of the development have been submitted to and approved by the Planning Authority and the development shall conform to such approved details.

Reason

Required to be imposed pursuant to Section 92 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. Application for approval of Reserved Matters must be made not later that the expiration of three years beginning with this permission and the development must be begun not later than whichever is the later of the following dates:

a) The expiration of three years from the date of this permission; or b) expiration of two 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

Required to be imposed pursuant to Section 92 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

3. With regard to access, appearance and scale only the development must be carried out in accordance with the plans (drawing numbers WAW 1752 1B, 2A, 3B, 4B and 5B) hereby approved as submitted with the application form dated 13.03.15.

Reason

To ensure that the development is carried out only as indicated on the drawings approved by the Planning Authority. 4. The development shall not commence until visibility splays providing clear visibility of 2 x 33 metres, measured down the centre of the access drive 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, vehicle or object of any kind shall be erected, parked or placed and no trees, bushes or other plants shall be planted or 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.

5. The access drive shall be surfaced in permeable bound materials and shall be constructed and completed before the development is occupied/ brought into use.

Reason

In the interests of highway safety.

6. Access gates, is provided, shall be hung to open inwards only away from the highway, to be recessed no less than 4.5 metres as measured from the carriageway edge of the adjacent highway and shall incorporated 45 degree splays to each side.

Reason

In the interests of highway safety.

7. Any existing highway fence/ wall boundary shall be reduced to a height not exceeding 1.0 metres above the carriageway level of the adjacent highway in accordance with details submitted as part of the reserved matters application and shall not be raised to a height exceeding 1.0 metre thereafter.

Reason

In the interests of highway safety.

8. The gradient of the access drive shall be no steeper than 1 in 12.5 for a distance not less than 6 metres as measured from the carriageway edge of the adjacent highway. Reason

In the interests of highway safety.

9. Provisions shall be made for a minimum of 2 parking spaces in the submission for reserved matters approval.

Reason

To ensure a minimum standard of parking provision is made for the development.

10. The parking spaces and access thereto must be reserved for the parking of private motor vehicles and no permanent development, whether permitted by the Town and Country Planning (General Permitted Development) (Amendment) (No 2) (England) Order, 2008 (or any Order revoking and re-enacting that Order with or without modifications) or not, shall be carried out on that area of land in such position as to preclude vehicular access to the development hereby permitted.

Reason

To ensure that proper access and parking provision is made and retained for the use associated with the development hereby permitted.

11. No development shall take place until a Preliminary Investigation (desk study, site reconnaissance and preliminary risk assessment), to investigate and assess the risk of potential contamination, is submitted to and approved in writing by the Local Planning Authority. This investigation must be undertaken by a suitably qualified contaminated land practitioner, in accordance with established procedures (BS10175 (2011) Code of Practice for the Investigation of Potentially Contaminated Sites and Model Procedures for the Management of Land Contamination (CLR11)).

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. It is required as a pre-commencement condition to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Saved policy D56 of the Local Plan Review 1996-2006.

12. If the Preliminary Investigation identifies potential unacceptable risks, a Field Investigation and Risk Assessment, conducted in accordance with established procedures (BS10175 (2011) Code of Practice for the Investigation of Potentially Contaminated Sites and Model Procedures for the Management of Land Contamination (CLR11)), shall be undertaken to determine the presence and degree of contamination and must be undertaken by a suitably qualified contaminated land practitioner. The results of the Field Investigation and Risk Assessment shall be submitted to and approved by the Local Planning Authority before any development begins.

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 Saved policy D56 of the Local Plan Review 1996-2006.

13. Where contamination is found which poses unacceptable risks, no development shall take place until a detailed Remediation Scheme has been submitted to and approved in writing by the Local Planning Authority. The scheme must include an appraisal of remedial options and proposal of the preferred option(s), all works to be undertaken, proposed remediation objectives, remediation criteria and a verification plan. 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.

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 Saved policy D56 of the Local Plan Review 1996-2006.

14. The approved Remediation Scheme shall be implemented and a Verification Report submitted to and approved in writing by the Local Planning Authority, prior to occupation of the development.

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 Saved policy D56 of the Local Plan Review 1996-2006.

15. 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 Field Investigations shall be carried out. Where required by the Local Planning Authority, remediation and verification schemes shall be submitted to and approved in writing by the Local Planning Authority. These shall be implemented prior to occupation of the development.

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 Saved policy D56 of the Local Plan Review 1996-2006.

16. No soil material is to be imported to the site until it has been tested for contamination and assessed for its suitability for the proposed development. A suitable methodology for testing this material should be submitted to and approved by the Planning Authority prior to the soils being imported onto site. The methodology should include the sampling frequency, testing schedules, criteria against which the analytical results will be assessed (as determined by the risk assessment) and source material information. The analysis shall then be carried out as per the agreed methodology with verification of its completion submitted to and approved in writing by the 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 Saved policy D56 of the Local Plan Review 1996-2006.

17. No development approved by this permission shall be commenced until a scheme for the disposal of foul and surface waters has been approved in writing by the Planning Authority. Such a scheme shall be constructed and completed in accordance with the approved plans prior to beneficial occupation of any part of the development, or in accordance with any phasing scheme subject to prior written agreement with the Planning Authority.

Reason

In order to ensure that the site is adequately drained and in order to control the potential for pollution of the water environment.

18. Other than any openings specifically agreed in the submission of reserved matters and notwithstanding the provisions of The Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting that Order with or without modifications) no opening of any kind shall be made in the north or south facing side elevations of the permitted extension.

Reason

In order to protect the residential amenities of neighbouring properties from overlooking or perceived overlooking.

32 – 10 Lawson Street, Barrow-in-Furness

From Mr P. Webber in respect of the conversion of existing building into hotel accommodation including removal of existing timber windows to south east elevation facing car park and their replacement with upvc framed windows (resubmission of 2014/0750 in a revised form) at 10 Lawson Street, Barrow-in-Furness as shown on plan number 2015/0102.

Representations received and the results of consultations were reported.

RESOLVED:- That planning permission be granted subject to the Standard Duration Limit and the following conditions:-

2. The development shall be carried out and completed in all respects in accordance with the hereby approved plans and drawings shown as 14202/01, 14204/02, 14202/03, 14202/04, 14202/05, 14202/06, 14202/07, 04202/08, 14202/09, 14202/10, 14202/11 and defined by this permission, and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking or re-enacting that Order with or without modification), there shall be no variation without the prior written consent of the Planning Authority.

Reason

To ensure that the development is carried out only as indicated on the drawings approved by the Planning Authority.

3. All replacement windows to the Cornwallis street, Lawson Street and Hindpool Road elevations shall be of timber construction designed to match exactly the frames they are replacing in terms of design, profile, glazing bars and colour.

Reason

In the interests of the appearance of the building and the character of the conservation Area in which it is set.

4. All new and replacement windows in the south east elevation shall comply with the sample frame approved on site on 12th May, 2015 and there shall be no variation without the prior consent of the Local Planning Authority. The sample frame shall be retained on site as a reference during the period of the conversion works.

Reason

In the interests of the appearance of the development and the character of the conservation area in which it is set.

5. The property shall be used as a hotel only and for no other purpose without the express consent of the Planning Authority.

Reason

In order to enable the Planning Authority to assess the implications of any future changes of use on the character of the conservation Area.

6. No development shall take place until a scheme of measures to minimise noise nuisance to occupants on the Cornwallis Street elevation arising from the adjacent night club use has been submitted to and approved in writing by the Planning Authority. The approved scheme shall be implemented in full prior to beneficial occupation and thereafter so maintained.

Reason

In order that any potential noise nuisance is suitably mitigated thereby ensuring compliance with Saved Policy D59.

7. The timber panelled doors to the Lawson Street elevation shall be retained and refurbished.

Reason

For the avoidance of doubt and because the doors form an attractive feature within the Central Barrow in Furness Conservation Area which are worthy of retention.

33 – 87 Duke Street, Barrow-in-Furness

From Mr M. Coulton in respect of Listed Building Consent for the replacement of two windows in the rear elevation with timber framed sliding sash windows (1 retrospective) and Installation of suspended false ceiling to first floor retaining existing ceiling at 87 Duke Street, Barrow-in-Furness as shown on plan number 2015/0062.

Representations received and the results of consultations were reported.

RESOLVED:- That Listed Building Consent be granted subject to the Standard Duration Limit and the following conditions:- 2. The development hereby permitted shall be carried out in all respects in accordance with the application dated 9th March, 2015, and the hereby approved documents defined by this permission as listed below, except where varied by a condition attached to this consent.

Amended Design and Access Statement and Statement of Significance received on 18.5.2015 Drawing No. 14172/04A (proposed ground and first floor) received on 18.5.2015 Drawing No. 14172/05A (proposed second floor and roof layout) received on 18.5.2015.

Reason

In order to link the permission to the submitted application and as recommended by the DCLG document ‘Greater Flexibility for Planning Permissions’.

3. Within 3 calendar months of the date of this consent the unauthorised upvc window on the rear elevation shall have been replaced with a painted timber sliding sash window to match the original windows in the building in terms of profile and detailing and shall thereafter be so retained.

Reason

In order to safeguard the special architectural or historic interest of the building and the character of the Central Barrow Conservation Area.

34 –Unit 2 Furness Footwear Building, Billings Road, Dalton-in-Furness

From Mr Matthew Green in respect of the change of use from storage (B8) to indoor strength and conditioning facility (D2) at Unit 2 Furness Footwear Building, Billings Road, Dalton-in-Furness as shown on plan number 2015/0146.

Representations received and the results of consultations were reported.

RESOLVED:- That planning permission be granted subject to the Standard Duration Limit and the following conditions:-

2. The development shall be carried out and completed in all respects in accordance with the hereby approved plans and drawings shown as site plan and letter from the applicant dated 26.2.2015 and defined by this permission, and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking or re-enacting that Order with or without modification), there shall be no variation without the prior written consent of the Planning Authority. Reason

To ensure that the development is carried out only as indicated on the drawings approved by the Planning Authority.

3. Prior to the beneficial use of the development hereby approved the car parking spaces to the site frontage shall be marked out and made available for use.

Reason

In order to ensure that sufficient car parking provision is provided in the interests of highway safety.

4. Prior to the beneficial use of the development hereby approved cycle parking facilities shall be provided adjacent to the building entrance.

Reason

In order to ensure adequate facilities are provided for cyclists in the interests of encouraging sustainable transport facilities.

5. The premises shall be used for strength and conditioning facility or gym and for no other purpose (including any other purpose in Class D2 of the Schedule to the Town and Country Planning (Use Classes) Order, 2005, or in any provision equivalent to that Class in any statutory instrument revoking or re-enacting that Order with or without modification).

Reason

To ensure that inappropriate uses do not take place on the site and to enable the Local Planning authority to assess the implications of any future changes of use.

The meeting closed at 3.15 p.m.

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