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Erection of 12 No. Dwellings As Amended by Letter and Plan(S) Receievd on 12 August 2004 and 4 November 2004 and Further Information Awaited

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Erection of 12 No. Dwellings As Amended by Letter and Plan(S) Receievd on 12 August 2004 and 4 November 2004 and Further Information Awaited Reference No: 2/2004/0673 Received: 21/05/2004 Proposal: Erection of 12 No. dwellings as amended by letter and plan(s) receievd on 12 August 2004 and 4 November 2004 and further information awaited. Location: Land At Scotscroft Little Clifton Workington Applicant: Senator Homes Ltd. Hillcrest Avenue Carlisle Agent: Senator Homes Ltd. Hillcrest Avenue Carlisle Cumbria CA1 2QJ Representations: Parish Council – Site boundary in dispute, detrimental to wildlife interests, no. of units too great for village, trees should be retained, 12 houses too many for village, detrimental to highway safety, out of scale with size of village, contrary to new structure plan housing figures, not sustainable development in view of Greenfield location and lack of village facilities, harmful to tributary of SSSI, archaeological investigation required, no local need for housing, lack of drainage and water investigation required, lack of drainage and water supply capacity. Director of Engineering, CCC – No objections subject to conditions Environmental Health - Requests desktop study re mining activity United Utilities – No objections subject to drainage on separate system, separate requirements English Nature - Concerns at potential impact on tributary of River Derwent candidate Special Area of Conservation. Comments on mitigation measures received 4/11/04 awaited. Cumbria Wildlife Trust – Recommends ecological survey to assess presence of bats and owls on site prior to permission being granted. Engineers – Who will have responsibility for surface water retention tank – developer of highway authority? County Archaeologist – No objections. Environment Agency – Response awaited to additional drainage information received. Friends of the Lake District – Greenfield site in non-sustainable location in village with few facilities. Properties would be outside the reach of most local people and proposal represents demand rather than need. Scheme would add to oversupply of housing which the structure plan and interim housing policy seek to address The application has been advertised in the local press, on site and adjoining owners have also been notified. Representations have been received. 41 letters of objection on the following grounds: too much development in village, dangerous access, no pavements, tree should not be felled, harms send of community in village, protected species colonise trees within the site, emergency services would be unable to access site, design not in keeping with village, too many units proposed, sewerage problems in area, should be developing brownfield sites, landscape impact, not sustainable development, no demand for housing. 28 signature petition on similar grounds. Policy Context: HS5 – Governs new housing settlements. HS8 – Governs the design and siting of residential development. EN3 – Governs landscaping. EN4 – Governs tree preservation orders. EN26 – Protecting nature sites of international importance. EN32 – Protecting wildlife protected by law. Report: This application relates to land benefiting from outline planning permission (2/2002/1017) and identified as a housing commitment in the Allerdale Local Plan. There are two TPO trees within the site together with a third tree not covered by a Tree Preservation Order. The order was served by the Council County when it resolved to sell the land for development. At that time it considered that the third trees age and condition made it inappropriate to protect it by means of a Tree Preservation orders. Although a substantial number of objections to this scheme have been received, the majority of these relate to the principle of development and do not take account of the fact that planning permission for residential development on this land already exists. The detailed drawings show that loss of the tree not covered by a TPO but provide for the retention of the two TPO trees which would be pruned. Further revisions to the plans are expected before the Committee meets in order to increase the distance between the housing and the TPO trees. The County Council decided against a TPO on the third tree on site on the basis of advice at the time that “decay starting at base of large wound – infected by fungal disease. Although crown seems ok not a good structure”. Some local residents have pressed for this tree now to be protected. An arboricultural report submitted by the applicants supports the view that the tree is nearing the end of its natural life and that a TPO would be inappropriate, An arboriculturalist engaged by the Authority to assess this scheme is of the opinion that although this is a ‘veteran’ tree it is not in any evident danger of falling in the immediate future and could be protected if members wished to serve a further TPO. A copy of the arboricultural report responding to the plans originally submitted as part of the current proposal is attached at the ward councillor’s request. The Borough Solicitor has indicated that given that an outline planning permission already exists and that the permission does not secure the trees retention, the Council would be liable for compensation if a TPO was now served since at least one plot would be lost. It is officers’ opinion that given that additional planting can be secured in association with this proposal and that the tree in question is nearing the end of its life the more appropriate solution is to achieve the planting of new trees under the landscaping scheme associated with this development. Representations have been received regarding the importance of the site including the trees and neighbouring stream as a habitat of wildlife. The developers have met an English Nature Officer at the site and have modified the submitted plans to given greater clearance to the adjacent stream which is a tributary of the River Derwent candidate. These plans are currently the subject of re-consultation Special Area of Conservation (C.SAC). Although the Cumbria Wildlife Trust has requested an ecological survey prior to planning permission being granted, it is considered that this cannot reasonably be imposed at reserved matters stage. Any permission can however remind the developer of his responsibilities under the wildlife and countryside act. Although there have been numerous representations with regard to access and the sub-standard character of the village street, the principle of development has already been established and the highway details shown on the expected revised drawings are understood to be acceptable to the highway authority. The designs show a combination of detached and semi-detached properties largely of two storeys but incorporating at third split level in units on steeply sloping ground. Finishes remain under discussion. Subject to the receipt of satisfactory amended plans, it is recommended that planning permission be granted. Recommendation: APPROVED Conditions/Reasons 1. Details and representative samples of all external and roofing materials shall be submitted to and approved by the Local Planning Authority before development commences. The materials so approved shall be used in the development as approved. Reason - To ensure a satisfactory standard of development which is compatible with the character of the surrounding area in compliance with Policy HS8 of the Allerdale Local Plan. 2. Before any development is commenced on the site, including siteworks of any description each of the trees indicated by number on the approved plan accompanying this Decision Notice shall be securely fenced off by a post and wire or chestnut pale fence erected in a circle round each tree at a radius from the bole of ten feet or to coincide with the extremity of the canopy of the tree, whichever is the greater. Within the areas so fenced off, the existing ground level shall be neither raised nor lowered, and no materials or temporary buildings or surplus soil of any kind shall be placed or stored thereon. If any trenches for services are required in the fenced-off areas, they shall be excavated and back-filled by hand and any tree roots encountered with a diameter of two inches or more shall be left unsevered. Reason - In order to ensure that adequate protection is afforded to the existing trees on the site in compliance with Policy EN4 of the Allerdale Local Plan. 3. The development shall be carried out in strict accordance with the schedule of measures described in the applicant's letter and plan received 4 November 2004 to prevent contamination of the adjacent stream which is a tributory of the River Derwent Candidate Special Area of Conservation. Reason - In order to minimise the risk of harm to nature conservation interests in the River Derwent Candidate Special Area of Conservation, in accordance with Policy EN26 of the Allerdale Local Plan. 4. 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 extensions to the building or development within the curtilage of the building hereby permitted to be erected on plots 6-12 inclusive shall be carried out without the prior approval of the Local Planning Authority. Reason - In the interests of the well being of trees covered by Tree Preservation Orders and in order to minimise the risk of harm to nature conservation interests in the River Derwent Candidate Special Area of Conservation. 5. No reply to date Reason - No reply to date 6. The carriageway, footways and footpaths, cycleways etc shall be designed, constructed, drained and lit to a standard suitable for adoption and in this respect further details, including longitudinal/cross sections, shall be submitted to the Local Planning Authority for approval before any work commences on site. No work shall be commenced until a full specification has been approved. These details shall be in accordance with the standards laid down in the current Cumbria Design Guide. Any works so approved shall be constructed before the development is completed. Reason - To ensure a minimum standard of construction in the interests of highway safety.
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