1.0 RECOMMENDATION

1.1 That planning permission is GRANTED for the reasons set out in Appendix 1 and subject to the Conditions in Appendix 2.

2.0 THE PROPOSAL

2.1 The application site is a 300m 2 area of a field located adjacent to an unclassified road at the rear of the Sun Inn at Newton Reigny north of Penrith. The site is bordered on the northern boundary by the River Petteril. The purpose of the proposed development is to provide a replacement facility for two septic tanks located near the village so as to secure improvements to the treatment of waste and the quality of water discharged into the River Petteril. There are two other planning applications asociated with this proposal. There is an application for a wastewater pumping facility at Newton Rigg to the south (Ref: 3/07/9012) and another for two temporary access points on the road south from Newton Reigny to Newton Rigg (Ref: 3/07/9013) to allow for access to construct underground pipes linking the two proposed pumping facilities.

2.2 The proposed development is for construction of a wastewater pumping station with vehicular access, control building, storm water outfall to the River Petteril, a drystone wall and associated temporary access widening. Part of the development would be constructed below ground. This element would be comprised of a valve chamber, a pumping station and a combined sewer overflow chamber. Part of these facilities would be above ground level being up to 1m above the surface.

2.3 The main surface development would be comprised of a tarmac surfaced lay –by to provide access and parking for service vehicles and a control building. This building would measure 7m x 4m with a slate pitched roof 4m high at the apex. This would be constructed of a local building stone and in a style to match the local vernacular buildings. A new 25m long drystone wall would be constructed on the southern boundary using local building stone. The area around the building and the underground chambers, would be surfaced in concrete. Three mature trees would be removed to make way for the building. A new temporary access (to last for 9 months) for construction traffic would be created to the south of the pumping station site.

2.4 The application supporting statement notes that the area has some potential archaeological interest which would be subject to prior evaluation and that the trees will be inspected for bats and that removal would take place outside the bird breeding season.

2.5 On completion of construction there would be approximately one service vehicle per month visiting the site.

3.0 CONSULTATIONS AND REPRESENTATIONS

3.1 Council have no objection.

3.2 Parish Council have made a very strong objection to the proposals. This objection is on the grounds that: The land subject to the application is claimed to have been in the ownership and control of the Parish Council for more

than 40 years; There is a designation of this land in the Eden Local Plan 1996 as amenity open space; Part of the application site is required for provision of off road parking to serve a children’s play area located to the north of the river; This provision has the support of CC as Highways Authority and this could be provided in 2008; There is no alternative location for this parking facility. The Parish Council would as owner/controller of the land refuse access to the applicant even if planning permission were granted; The scale and size of the building to house the control equipment is unacceptable in this location; The community would be better served if the facility is located further downstream on the river; Local residents have submitted a petition that shows that more than 98% of residents are opposed to the scheme in this location.

3.3 The Highway Authority have no objection in principle but note that the unclassified road leading to the site is generally unsuitable for the construction traffic being subject to a weight restriction. Notwithstanding it is accepted that this is the only access road available and will have to serve for this purpose if planning permission is granted. The applicant should provide adequate signage to provide warnings to drivers and all other vehicles of the proposed works. No mud or debris should be permitted to be deposited on the highway. The whole of the access area including the lay – by must be constructed and drained to the satisfaction of the Planning Authority.

3.4 Environment Agency : No objection. The applicant should be requested to demonstrate that the treatment and disposal system to which the waste water will be pumped (Penrith WwTw) has sufficient capacity to accommodate the additional flows without causing pollution to the River Eamont and Thacka Beck. Any concerns in relation to Flood Risk Management will be addressed at the time of dealing with the application for Land Drainage Consent. The additional information submitted by the applicant at a later date with proposals for upgrading the sewer pipe size has not demonstrated that the concerns of the Environment Agency have been or would be overcome. Further work is required.

3.5 Natural (Nature Conservation) : The site lies within 1km of Newton Reigny Moss SSSI. The proposed development is unlikely to affect the SSSI. Therefore there is no objection.

3.6 Natural England (DEFRA) : No objection. The proposal will affect very little agricultural land.

3.7 The local Member, Mr AP Richardson has been notified.

3.8 The committee visited the site on December 6 th 2007.

3.9 Six letters of representation have been received as a result of consultation on this application. All of these object to the proposal.

One of these letters is on behalf of the Penrith Anglers Association and objects in principle to the construction of the scheme to transfer waste to the Penrith WwTW. This is on the grounds that this facility is already overstretched and the Anglers Association has issued a formal letter of claim to United Utilities as a result of pollution caused to the River Eamont and damage to the fishery as a result of inadequately maintained sewers at Penrith. The application does not contain any information that would give reassurance that the pumping of sewage

to Penrith will not result in increased damage to the fishery. It would be highly inappropriate to allow further overloading of the sewage system at Penrith.

The remaining letters are from local residents. These object to the proposal for the following reasons: The site chosen is highly inappropriate given the proximity of a children’s play area and pub garden; the site is located in flood risk area and there would be an unacceptable risk of pollution; The building would be too large and intrusive being too close to the road and house; There would potentially be an adverse impact from noise odour and external lighting; Vehicles parking in the lay – by would be a hazard to children; Additional landscaping will be required to replace the lost trees; The proposed underground pipework linking to the associated facilities will damage the land given the proposed construction period of October to March; The facility would be better located further downstream from the application site and one of the landowners has offered the applicant an alternative site further downstream; This offer has been declined by the applicant.

4.0 PLANNING ASSESSMENT

4.1 Policy 60 of the Cumbria Minerals And Waste Local Plan 1996 – 2006 (Saved Policies) (the CMWLP) establishes a principle that planning permission will be granted for waste water treatment facilities provided that the proposal does not have a significant effect on the environment or communities. The level of objection from the local community notably the Parish Council as to the potential adverse impact on the environment through loss of open space means that this presumption of favourable consideration needs to be subject to the test as to whether or not the effects are unacceptable and that the proposed location is the best practicable environmental option. There are also concerns raised by the Penrith Anglers’ Association about water quality in the River Eamont.

4.2 The Environment Agency has raised no objections in relation to the water quality issues raised by the anglers and to local concerns about flood risk and pollution at the pumping station site. The later issue would be dealt with by the Land Drainage Consent. Whilst not directly part of this scheme the applicant has indicated that storm water storage capacity in the network would be increased by the provisions of a 900m diameter sewer downstream of the pumping station. This would reduce potential spills from the Penrith WwTW.

4.3 The application site is contained within an area designated as Amenity Open Space in the Eden Local Plan 1996 (the ELP). Policy BE15 of the ELP (Saved Policies) states that development affecting areas of public or private amenity open space identified on the proposals map as having particular amenity value will only be permitted if no significant loss of amenity value would result. Proposals involving built development will not normally be permitted. The justification for this policy states that such land does not have to be public open space. The land is currently privately owned though the representations from the Parish Council imply that, whilst unable to confirm ownership, they have had care and custody of the land for a considerable period with the intention that the land should be publicly accessible amenity open space with car parking. However, there is no evidence of this on the ground and the application site appears to be part of a larger field in agricultural use.

4.4 I consider that if this development were to be constructed on the application site there would be no adverse impact from noise or odour even taking account of the proximity of the pub garden, houses and play area (one of the existing septic tanks is already in the pub grounds). The only potential adverse effect would be from the visual impact of the surface structures on what is currently an undeveloped Greenfield site in agricultural use. I consider that this potential visual impact would be likely to be very limited. Because of their strong locational requirements, wastewater treatment facilities often need to be on greenfield sites where other built development would not be permitted. In this case the Local Plan designation seeks to provide additional protection to this land for visual amenity reasons. However, Eden District Council has raised no objection and the proposed control building would be located at the riverside edge of the site retaining much of the openness of the wider area currently designated as open space.

4.5 The issue of land ownership raised by the parish is not a material planning consideration. Nor can their wish to develop the land as a car park be given significant weight as this is not specifically supported by the Local Plan designations.

4.6 It has also been suggested that there are alternative sites which could be developed further downstream. I understand that this is technically feasible but would require the construction of a length of access road and the location of the control building on higher ground, potentially giving rise to a greater visual impact than the solution currently proposed.

Human Rights Act 1998

4.7 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 Protocol 1) are minimal and proportionate to the wider social and economic interests of the community.

Conclusion

4.8 The determination of this application is a finely balanced decision. This is between the benefit in improving the standard of wastewater treatment for the village against the limited visual impact within an area designated in the Local Plan as amenity open space. I have concluded that impact would be minimal and in the absence of any clear alternative site which would have a lesser impact I recommend that planning permission is granted.

Shaun Gorman Head of Environment

Contact

Mr Nick Long, Kendal, tel: 01539 773426, email: [email protected]

Background Papers

Planning Application File Reference No. 3/07/9011

Electoral Division Identification

Greystoke & Hesket - Mr AP Richardson

\\ceekenb\kendal\filing\planning\applications\eden\3079011\3079011 report 071120 dcr AMENDED VERSION.doc

Appendix 1 Ref No. 3/07/9011 Development Control and Regulation Committee – 18 December 2007

TOWN AND COUNTRY PLANNING (GENERAL DEVELOPMENT PROCEDURE) ORDER 1995 (AS AMENDED)

1 This application has been determined in accordance with the Town & 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 Local Plan 1996 – 2006 (Saved Policies)

Policy 60 : Planning permission will be granted for waste water treatment facilities. Proposals which are likely to have significant adverse effects on the environment or communities will only be permitted where they represent the best practicable environmental option.

Eden Local Plan 1996 (Saved Policies)

(Saved) Policy BE15: Development [proposals affecting areas of public or private open space identified on the proposals map as having particular amenity value will only be permitted if no significant loss of amenity value would result. Proposals involving built development will not normally be permitted.

Proposals Map Inset No 76 Newton Reigny . Designation as amenity open space.

3 In summary, the reasons for granting permission are that the County Council is of the opinion that the proposed development, whilst not in accordance with Policy BE15, there are material considerations in terms of the environmental benefit of improving water quality that indicate the decision should be made otherwise and any harm can be reasonably mitigated.

Appendix 2 Ref No. 3/07/9011 Development Control and Regulation Committee 20 November 2007

Schedule of Proposed 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 Unless otherwise given prior approval in writing by the Local Planning Authority or except as may be required by any other conditions with this permission the development hereby permitted shall not be carried out other than in accordance with the terms of and plans accompanying the application.

Reason: To define the terms of the permission.

3 The development hereby permitted shall not be commenced unless the developer has secured the implementation of a programme of archaeological investigation and evaluation that has received prior approval in writing from the Local Planning Authority. The developer shall make available the opportunity for any person nominated by the Local Planning Authority to attend any excavation of the site to monitor and record the excavation and any finds and the results of the evaluation and investigation shall be deposited with the Local Planning Authority.

Reason: To secure the recording and retention of any archaeological interest of the site in accordance with Policy 13 and Policy 14 of the Cumbria Minerals and Waste Local Plan 1996 – 2006 (Saved Policies).

4 Unless otherwise given prior approval in writing by the Local Planning authority, no operation or activity for the purpose of construction of the development hereby permitted shall be carried out except between the following hours:

08.00 to 18.00 hours Mondays to Fridays 08.00 to 13.00 hours on Saturdays and; Not at all on Sundays, Bank and other Public holidays.

This condition shall not restrict vehicles visiting the site when it comes into operation.

Reason: To minimise the potential for any adverse impact from noise from construction operations on nearby sensitive property in accordance with Policy 2 of the Cumbria Minerals and Waste Local Plan 1996 – 2006 (Saved Policies).

5 No spoil material excavated from the site shall be deposited on any land outside and adjoining the area of the application site and such material shall only be used for local land reprofiling works within the application site.

Reason: To safeguard the adjoining River Petteril banks and flood plain and the adjoining land designated as amenity open space from any adverse impact from deposition of spoil.

6 The development hereby permitted shall not be commenced prior to the submission to and approval in writing by the Local Planning Authority of a scheme of tree and shrub planting for the replacement of all trees and shrubs and hedgerow plant species required to be removed from the site for implementation of the development. The scheme submitted for approval shall incorporate details of the number, size, species type and planting density of the replacement planting and thereafter shall only be implemented in accordance with the approved details within the first planting season after completion of the development.

Reason: To secure the replacement of trees and shrubs removed as part of the development to safeguard the visual amenity of the area and support the ecological interest of the River Petteril banks in accordance with Policy 7 of the Cumbria Minerals and Waste Local Plan 1996 – 2006 (Saved Policies).

7 Any trees, shrubs, plants or grassed areas planted in accordance with the requirements of this permission shall be maintained for a period of not less than five years from completion of the planting required by Condition 6 with this permission. Within this period any tree , shrub, plant or grassed area which dies, becomes seriously diseased or is seriously damaged shall be replaced with planting of the same size and same or similar species as that originally required to be planted.

Reason: To secure the maintenance of the planted areas.

8 Notwithstanding the requirements of Condition 2 with this permission the development hereby permitted shall not be commenced prior to the submission to and approval in writing by the Local Planning Authority of details of the external construction materials proposed to be used for all surface structures and buildings including roofing materials and dry stone walls.

Reason: To secure the use of construction materials compatible with Paragraph 1.1 of the Design and Access Statement submitted with the application so as to minimise any potential for any adverse visual impact arising in accordance with Policy 7 of the Cumbria Minerals and Waste Local Plan 1996 – 2006 (Saved Policies).