DEVELOPMENT CONTROL AND REGULATION COMMITTEE 27 July 2010 A Report by the Assistant Director - Planning & Sustainability _____________________________________________________________________ Application No 1/10/9006 District Carlisle Applicant United Utilities Parish Stanwix Rural Clearwater 4 Lingley Green Avenue Date of Receipt 11 May 2010 Warrington WA5 3BP _____________________________________________________________________ PROPOSAL To construct a new Wastewater Pumping Station, removal of 2m of hedgerow, access track and erection of motor control kiosk. Field north of 'Laithholme', Park Broom, Carlisle, CA6 4QH _____________________________________________________________________ RECOMMENDATION 1.1 That planning permission is granted for the reasons stated in Appendix 1 and subject to the conditions in Appendix 2. 2.0 THE PROPOSAL 2.1 The application site is a field located adjacent to an unclassified road leading south from the A689 to the hamlet of Park Broom, which is situated to the east of Carlisle. This section of the field is currently being used as the contractors compound for the new sewer works. A 3m wide section of hedgerow has been removed to give access for the contractor's compound. This would leave space for provision of the access gates for entry into the pumping station. 2.2 The proposal is for construction of an underground pumping station to serve a new sewer being built as part of a first time sewerage scheme for the village of Park Broom. Currently properties are served by septic tanks, which discharge via ditches, some of which are heavily polluted, to the River Eden. The above ground development would consist of a concrete slab over the pumping station and a control kiosk. In addition there would be a grass seeded compacted stone access track and turning space created to enable servicing of the development. 2.3 The concrete slab would be at ground level. The new seeded stone access track would be 3m wide, 23m long on one axis and 15m long on the turning axis. The control kiosk would be set adjacent to the concrete slab. The kiosk would measure 1.0m x 3.4m in plan form and be set on a concrete plinth. It would be 1.7m high from ground level. The kiosk would be clad with a dark green coloured (BS 14.C.39) GRP. 3.0 CONSULTATIONS AND REPRESENTATIONS 3.1 Carlisle City Council (Planning): No objection but the site lies within the Hadrians Wall World Heritage Site. The views of the County Archaeologist should be sought. 3.2 Stanwix Rural Parish Council: No objections 3.3 The Highway Authority have no objections but recommend two conditions covering details of construction/drainage of the access area and the prior provision of the access/turning area before any other construction commences 3.4 Natural England: The site is 290m distant from the River Eden and Tributaries Special Area of Conservation (SAC) and Site of Special Scientific Interest (SSSI). It is considered that it is unlikely that the proposals would affect this. Notwithstanding the planning authority is reminded to take biodiversity issues into account in the determination of this application. 3.5 The local Member Mr J Mallinson has been notified. 3.6 One representation has been received in response to consultation on this application. This representation objects to the proposed development on the grounds of: a) Disturbance to a green field site; b) Noise nuisance, pollution and odour; c) Increase in heavy traffic; d) Damage to the single track road into the hamlet. 4.0 PLANNING ASSESSMENT 4.1 This application is for a minor development. It is being reported to Committee for determination since a written objection has been received. 4.2 The proposed pumping station is required as part of an upgrading of the local sewer network. Policy DC4f of the Cumbria Minerals and Waste Development Framework Generic Development Control Policies allows for favourable consideration to be given to planning applications for waste water management facilities subject to these being in appropriate locations and the proposals minimising any adverse environmental impacts. 4.3 The application site is a small area of land set close to an existing field entrance. The boundaries from which the site could be visible are screened by a mature dense hedge and tree screen. There would be no adverse environmental impact arising from the proposal. There are no aspects of the application which would give any concerns as to biodiversity. The requirement for consideration to be given to the archaeological potential is addressed in the proposed conditions in Appendix 2. 4.4 The objection received refers to disturbance of a green field site. However, it is already used as a contractor’s compound and the actual area of built development would be minimal being comprised of the concrete slab over the pumping station and the kiosk. The access track would be grass seeded to provide some replacement vegetation cover. The objection also refers to the potential for pollution and odour. The new sewer is for the express purpose of preventing such incidents and the development would ensure this. Noise would only arise during the construction period. There is no evidence to confirm any damage to the highway and when operational the site would be visited for maintenance typically between 2 and 4 times per annum. Accordingly the objection received does not provide any evidence to justify the grounds given and cannot support any reason for refusal. Human Rights Act 1998 4.5 The proposal will have a limited impact on the visual, residential and environmental amenities of the area. Any impacts on the rights of local property owners to a private and family life and peaceful enjoyment of their possessions (Article 8 and Article 1 of Protocol 1) are minimal and proportionate to the wider social and economic interests of the community. Conclusion 4.6 Notwithstanding the objection received it is recommended that planning permission is granted. This should be made subject to the conditions recommended by the consultees. Paul Feehily Assistant Director, Planning & Sustainability Contact Nick Long, Kendal, tel: 01539 713426, email: [email protected] Background Papers Planning Application File Reference No. 1/10/9006 Electoral Division Identification Stanwix Rural – J Mallinson. \\ccc-prdc-fp05\kendal\filing\planning\applications\carlisle\2010\1109006 - Linstock Kiosk\100727 DC&R report.doc Appendix 1 Ref No. 1/10/9006 Development Control and Regulation Committee – 27 July 2010 TOWN AND COUNTRY PLANNING (GENERAL DEVELOPMENT PROCEDURE) ORDER 1995 (AS AMENDED) SUMMARY OF REASONS FOR GRANT OF PLANNING PERMISSION 1 This application has been determined in accordance with the Town and Country Planning Acts, in the context of national and regional planning policy guidance and advice and the relevant development plan policies. 2 The key development plan policies taken into account by the County Council before granting permission were as follows: Cumbria Minerals and Waste Development Framework (CMWDF) Generic Development Control Policies (GDCP) 2009-2020 [- Adopted April 2009] Policy DC 4f – Criteria for waste water management facilities. 3 In summary, the reasons for granting permission are that the County Council is of the opinion that the proposed development is in accordance with the development plan, there are no material considerations that indicate the decision should be made otherwise and with the planning conditions included in the notice of planning consent, any harm would reasonably by mitigated. Furthermore, any potential harm to interests of acknowledged importance is likely to be negligible and would be outweighed by the benefits of the development. Appendix 2 Ref No: 1/10/9010 Development Control and Regulation Committee - 27 July 2010 Conditions 1 The development hereby permitted shall not be commenced after the expiry of three years from the date of this permission. Reason: In accordance with Section 91 of the Town and Country Planning Act 1990 (as amended by the Planning and Compulsory Purchase Act 2004). 2 The development hereby permitted shall not be carried out other than in accordance with the documents approved with this permission, these documents being: a) The planning application form; b) The supporting statement; c) The Design and Access Statement; d) Drawing number 80012300/01/6003. Reason: To define the terms of the permission. 3 Notwithstanding the requirements of Condition 2, the development shall only be carried out in accordance with details given prior approval in writing by the Local Planning Authority of the construction and drainage of the area bounded by the carriageway edge, the entrance gates and the visibility splays. Such details shall be implemented on the site prior to commencement of construction of the main development hereby permitted. Reason: To prevent any risk of damage to the highway in accordance with Policy DC1 of the Cumbria Minerals and Waste Development Framework Generic Development Control Policies. 4 The development hereby permitted shall not be implemented except in accordance with an archaeological watching brief that has received prior approval in writing from the Local Planning Authority. The archaeological watching brief shall be carried out in accordance with a written scheme of investigation that has received prior approval and undertaken by a qualified archaeologist during the course of the ground works for the proposed development. The results of the archaeological investigation shall be deposited with the Local Planning Authority not later than two months after completion of the development. Reason: To safeguard any archaeological interest in accordance with Policy DC11 of the Cumbria Minerals and Waste Development Framework Generic Development Control Policies. .